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Akitullah and others Vs. Zafala Begum and others, 2002, 31 CLC (AD)
....dispose of the First Appeal No. 100 of 1995 arising out of Suit No. 185 of 1988 in accordance with law expeditiously as possible. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 74. ....................... Appellants Vs. Zafala Begum and others...............Respondents Judgment January 6, 2002. The Code of Civil Procedure, 1908 (V of 1908), Order VI rule 17 Before allowing any amendment to the plaint the Court must come to a finding that such amendment is ne......dispose of the First Appeal No. 100 of 1995 arising out of Suit No. 185 of 1988 in accordance with law expeditiously as possible. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 74. ......cedure was not a matter of course or to fill in the lacuna in any party’s pleading ……………..(18) Case Referred to- Dr. Razia Khatun Vs. Bhanu Guha and others 1986 BLD (AD) 135. Lawyers Involved: Mahmudul Islam, Senior Advocate, instructed by Md. Altab, Hossain, Advocate-on..Category: Procedural Law | Date: | Hits: 114
Gooryonly (BD) Textile Ltd. Vs. Chartkar Information Holding Ltd. and ors., 2002, 31 CLC (AD)
....dit in this suit concerning dispute between the buyer and seller. The petition dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 70; 22 BLD (AD) 2002, 89. ......mmad Fazlul Karim J KM Hasan J Gooryonly (BD) Textile Ltd ………………….……….Petitioner Vs. Chartkar Information Holding Ltd. and ors………..… Respondents ......dit in this suit concerning dispute between the buyer and seller. The petition dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 70; 22 BLD (AD) 2002, 89. ...... Cases Referred to- Kanshi Ram vs Hindustan National Bank Ltd. AIR 1928 Lahore 376; Janata Bank vs Ahanadia Garments 40 DLR 72; Unimarine SA Panama vs Bangladesh 31 DLR (AD) 112. Lawyers Involved: Dr. M Zahir Senior Advocate, instructed by Sharifuddin Chaklader, Advoca..Category: Civil Law | Date: | Hits: 115
Abul Hossain Vs. Jahiruddin and others, 2002, 31 CLC (AD)
.... The review petition is accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 69. ......l Procedure, 1908 (V of 1908), Order XLVII rule 1 A review is by no means an appeal in disguise whereby an erroneous decision even if there be any is reheard and corrected but lies only for patent error….(4) Lawyers Involved: KM Shahidul H...... The review petition is accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 69. ...... rule 1 A review is by no means an appeal in disguise whereby an erroneous decision even if there be any is reheard and corrected but lies only for patent error….(4) Lawyers Involved: KM Shahidul Huq, Advocate-on-Record—For the Peti..Category: Property Law | Date: | Hits: 43
Bangabir Kader Siddiqui, Bir Uttam Vs. Government of Bangladesh, 2002, 31 CLC (AD)
..... There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 64. ......72, Article 91A The petitioner who fought the by-election cannot have any choice in the persons who are to act as members of the committee. The Election Commission accepted the formation of the committee which was formed with the approval of the Supreme Court the petitioner ....... There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 64. ......sp; ………….……………. Petitioner Vs. Government Bangladesh represented by the Secretary Ministry of Law & others… ...…Respondents Judgment&nbs..Category: Election Law | Date: | Hits: 158
State Vs. Monu Miah and others, 2001, 30 CLC (AD)
....ral also could not point out any illegality or infirmity therein for our interference. Thus the petition is, accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 60. ......cted by Mohwnmad Yeasin, Advocate-on- Record- For the Petitioner Shaukat Ali Khan, Senior Advocate instructed Sharifuddin Chakiader, Advocate-on-Record— For the Respondents. Criminal Petition for Leave to Appeal No. 127 of 2001. (From the judgment and order dated 27th 2001 passed by the H......ral also could not point out any illegality or infirmity therein for our interference. Thus the petition is, accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 60. ......e accused….(10) Cases Referred to- Mizazul Islam @ Dablu vs. State. 41 DLR (AD) 151, Shamsuddin Sarker vs. The State, 11 DLR (SC) 365, Mahmood vs. State of Uttar Pradesh, AIR 1976 (SC) 6. Lawyers Involved: Mahbubey Alam, Additional Attorney-General instructed by Mohwnmad Yeasin, Advoc..Category: Criminal Law | Date: | Hits: 59
BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)
....se appeals. Accordingly, the same are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 36. ......on 20 The Trusts Act, 1882 (II of 1882) Section 20B i) A society registered under the Societies Registration Act may invest its fund with the object of getting more money for spending in charitable purposes……………………......se appeals. Accordingly, the same are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 36. ......(AD) 1; Trustees of the National Deposit Society vs. Skegness Urban Council (1958) 2 All ER 601; R vs Whitmarsh (9)(1850). 15 QB 600), Bear vs. Bromley (10) (1852), 18 QB 271. Lawyers Involved: Sayed Ishtiaq Ahmed, Senior Advocate, Dr. Kamal Hossain Sen..Category: Constitutional Law | Date: | Hits: 199
Osman Gani Vs. State, 2002, 31 CLC (AD)
.... appellant and acquit him. The appellant be set at liberty if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 34. ......p; Bimalendu Bikash Roy Choudhury J.- This appeal is brought before the Court by leave granted to the appellant Osman Gani to call in question his conviction unde...... appellant and acquit him. The appellant be set at liberty if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 34. ......on the dead body does not involve an individual with the crime of murder. Suspicion, however strong, cannot be the basis of conviction…………….(11) Lawyers Involved: Abdul Malek, Senior Advocate, instructed by Md Nawab Au, ..Category: Criminal Law | Date: | Hits: 55
Syed Abu Hossain Arshad & ors Vs. BD Sugar and Food Industries Corpn and ors, 2002, 31 CLC (AD)
...., facts and circumstances all the three leave petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 33. ...... July 29, 2001. The Industrial Relations Ordinance, 1969 (XXIII of 1969), section 34 Section 34 of the IRO allows a workman to apply to the Labour Court for the enforcement of any right guaranteed or secured to him by or under any law. ......, facts and circumstances all the three leave petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 33. ......1969), section 34 Section 34 of the IRO allows a workman to apply to the Labour Court for the enforcement of any right guaranteed or secured to him by or under any law. Lawyers Involved: SM Munir Advocate, instructed by Sharifuddin Chaklader Advocate-on-Record&mdas..Category: Labour and Industrial Law | Date: | Hits: 115
State Vs. Abdul Barek and Others, 2001, 30 CLC (AD)
.... respective bail bond and the warrant of arrest issued against respondent Nos. 4 and 5 are recalled and cancelled. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 28; 7 MLR (AD) 17. ......4, Part I & II Respondent Harunur Rashid by inflicting the injury on the chest of Fakku Mia resulting in the death of the victim committed an offence under section 304 Part-I of the Penal Code for causing the bodily injury as was likely to cause death and, in fact, the death was caused and in...... respective bail bond and the warrant of arrest issued against respondent Nos. 4 and 5 are recalled and cancelled. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 28; 7 MLR (AD) 17. ......bi he committed an offence under section 304, part II of the Penal Code as because the respondent had neither any object of murdering anybody nor was there any such intention……………….(7) Lawyers Involved: B Hossain, Advocate-on-Record—For the Appellant. Ex-Parte—The Resp..Category: Criminal Law | Date: | Hits: 55
Commissioner of Taxes, Dhaka (South) Zone, Dhaka Vs. Ujala Match Factory, 2002, 31 CLC (AD)
.... The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 23. ...... Since the respondent assessee paid the bonus to the employees as per direction of the Government under the provisions of the above Ordinance and Notification, the question of earning profit for payment of bonus, does not arise……(5) Lawyers Involved: ...... The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 23. ...... as per direction of the Government under the provisions of the above Ordinance and Notification, the question of earning profit for payment of bonus, does not arise……(5) Lawyers Involved: Dabiruddin Ahmed, Deputy Attorney-General instructed by Md. ..Category: Fiscal/Taxation Law | Date: | Hits: 66
Akbar Hossain (Md) Vs. MD, Agrani Bank and others, 2002, 31 CLC (AD)
.... In view of the above, the petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 21. ......Rahman, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Petitioner. Not represented—The Respondents. Civil Petition for Leave to Appeal No. 378 of 1999. (From the judgment and order dated 9th June, 1997...... In view of the above, the petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 21. ......ed but lies only on patent error. Mere wrong application of law is no ground of review and if it be allowed to do then the scope of appeal would be frustrated…….(8) Lawyers Involved: Md. Moksudur Rahman, Senior Advocate, instructed by Md. Aftab Hossa..Category: Employment/Service Law | Date: | Hits: 83
Government of Bangladesh and other Vs. Nidhi Ram Moni and others, 2002, 31 CLC (AD)
....e High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 14. ......uty Attorney-General, instructed Mvi Md Wahidullah—Advocate-on-Record—For the Petitioners. Nor represented—The Respondents Civil Petition for Leave to Appeal No. 612 of 1996 (From the judgment and order dated 8th July, 1996 passed......e High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 14. ......llip;…………………(5) ii) A co-sharer of a vested property has a preferential claim to lease than the stranger……(6) Lawyers Involved: B Hossain, Deputy Attorney-General, instructed Mvi Md Wahidu..Category: Property Law | Date: | Hits: 43
Khairullah (Md) Vs. ADC (Revenue) and another, 2001, 30 CLC (AD)
.... Court Division in exercising the discretion. There is therefore no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 13. ......: Md. Zahedul Bari, Advocate (appeared with the leave of the Court) instructed by Md. Nawab Ali, Advocate-on-Record—For the Petitioner. Not represented—the Respondents. Civil Petition for Leave to Appeal No. 852 of 1997. (From the judgment and order dated 26-6-1997 passed by the ...... Court Division in exercising the discretion. There is therefore no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 13. ......e Limitation Act is a highly discretionary matter and the High Court Division exercised the discretion in favour of the Government respondent so the Appellate Division has nothing to interfere. Lawyers Involved: Md. Zahedul Bari, Advocate (appeared with the leave of the Court) instructed b..Category: Procedural Law | Date: | Hits: 121
S. M. Iqbal Hossain Vs. Managing Director, I F I C Bank Ltd., 2006, 35 CLC (AD)
....that the High Court Division took a correct view in the matter and as such the impugned judgment does not call for our interference. The petition is, therefore, dismissed. Ed. ...... Judgment April 30, 2006. IFIC Bank Service Rules, Rule 30.02 Item 6 On the face of the admitted fact that the petitioner himself issued the disputed pay order for Tk. 1,00,000.00 against deposit of Tk. 100.00 only, the petitioner cannot escape the liability ......that the High Court Division took a correct view in the matter and as such the impugned judgment does not call for our interference. The petition is, therefore, dismissed. Ed. ......al from service.……..(21, 22 and 27) Cases Referred To- Sonali Bank vs. Ruhul Amin Khan, 46 DLR (AD) 85. Agrani Bank vs. Khandaker Badrudduza, 56 DLR (AD) 136. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, instructed by A. K. M. Shahidul H..Category: Employment/Service Law | Date: | Hits: 78
Md. Marfat Ali Miah Vs. Sree Jagadish Chandra Sheel and others, 2006, 35 CLC (AD)
..... The Other Class Suit No. 82 of 1991 is restored to its file and number. The trial Court is directed to dispose of the suit expeditiously. There is no order as to costs. Ed. ......t March 12, 2006. The Acquisition & Requisition of Immovable Property Ordinance, 1982 (II of 1982), Section 44 The Acquisition proceeding being completed long before and finalised and published in the Gazette on 24-12-87, it is too late for the Plaintiff to cl....... The Other Class Suit No. 82 of 1991 is restored to its file and number. The trial Court is directed to dispose of the suit expeditiously. There is no order as to costs. Ed. ......; Cases Referred to- Marida Begum and others Vs. Moulavi Md. Hasan and others, 43 DLR, 242; Monirunnahar Begum and others Vs. Shahed Alt and others (1981) 1 BCR (HCD), 43. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, instructed by Syed Mahbubur Rahman,..Category: Civil Law | Date: | Hits: 77
M/S. Noor Crokaries and another Vs. Islami Bank Bangladesh Ltd. and others, 2006, 35 CLC (AD)
....ourt Division has rightly passed the impugned order and no interference is called for. In the aforesaid, premises, we find no merit in this petition and accordingly, it is dismissed. Ed. ......olved: Mr. Md. Nowab Ali, Advocate-on-Record- For the Petitioners Not represented- Respondents Judgment 27 October 2002. Lawyers Involved: Civil Petition for Leave to Appeal No. 825 of 2000. (From the judgment and order dated 07-08-2000 passed by......ourt Division has rightly passed the impugned order and no interference is called for. In the aforesaid, premises, we find no merit in this petition and accordingly, it is dismissed. Ed. ......ed J M/S. Noor Crokaries and another................................ Petitioners Vs. Islami Bank Bangladesh Ltd. and others…….................. Respondents Lawyers Involved: Mr. Md. Nowab Ali, Advocate-on-Record- For the Petitioners Not rep..Category: Banking Law | Date: | Hits: 120
Md. Yousuf Ali Vs. Kazi Syed Shamsul Hoque and others, 2006, 35 CLC (AD)
....n cannot be sustained and so the appeal should be allowed. 22. The appeal is, therefore, allowed. In the facts and circumstances we direct the parties to bear their own costs. Ed. ......ittagong. His father was appointed as Marriage Registrar of Patenga, Halishar, Agrabad and Rampur area under Double Mooring Police Station of Chittagong District and on his leave from December 17, for 10 weeks for illness the writ petitioner was appointed as Nikah Registrar giving temporary lice......n cannot be sustained and so the appeal should be allowed. 22. The appeal is, therefore, allowed. In the facts and circumstances we direct the parties to bear their own costs. Ed. ...... SC 1521. Moulvi Md. Khurshid Alam vs. Bangladesh 50 DLR (AD) 82. Kazi Md. Amirul Islam vs. Bangladesh 16 BLD (AD) 110;Kazi Imamuddin Bhuiya Vs. Bangladesh 10 BLC (AD) 2005 page 134. Lawyers Involved: A. J. Mohammad All, Senior Advocate, instructed by Md. Aftab Hossain, Advo..Category: Constitutional Law | Date: | Hits: 178
Government of the People’s Republic of Bangladesh Vs. Abdur Rahman and others, 2006, 35 CLC (AD)
....itration Appellate Tribunal. In view of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with cost to be paid by the appellant No. 1. Ed.......uisition and Requisition of Immovable Property Ordinance, 1982 (II of 1982) (Amending Act 20 of 1994), Section 31 A person, whose land was acquired and the Deputy Commissioner awarded compensation for the said acquired land files a revision award case. That itself can sufficiently be considered t......itration Appellate Tribunal. In view of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with cost to be paid by the appellant No. 1. Ed.......e. So, no error was committed by the High Court Division in not sending back the Appeal to the Arbitration Appellate Tribunal for disposal afresh. The Appeal is dismissed…………(11 & 12) Lawyers Involved: Mvi. Md. Wahidullah, Advocate-on-record- For the Appellants. Md. Nawab Ali..Category: Property Law | Date: | Hits: 58
Government of Bangladesh and others Vs. Md. Shahjahan Gazi, 2006, 35 CLC (AD)
....cided the case and there is no legal infirmity or illegality in the impugned judgment of the High Court Division to warrant our interference. Accordingly, this petition is dismissed. Ed. ......, Additional Attorney General, instructed by Md. Ahsan Ullah Patwary, Advocate-on-Record- For the Petitioners Not represented- For Respondent Civil Petition for Leave to Appeal No. 1605 of 2001. (From the judgment and order dated 29-04-2001 pa......cided the case and there is no legal infirmity or illegality in the impugned judgment of the High Court Division to warrant our interference. Accordingly, this petition is dismissed. Ed. .................Respondent Judgment 27 July 2002 Cases Referred To- Sk. All Ahmed vs. Secretary, Ministry of Home Affairs, Government of Bangladesh, 40 DLR (AD) 170. Lawyers Involved: Abdur Razzaque Khan, Additional Attorney General, instructed by Md. Ahsan ..Category: Criminal Law | Date: | Hits: 42
Government of Bangladesh and others Vs. A.K.M. Fazlul Haque, 2006, 35 CLC (AD)
....stance in the appeal in order to interfere with the impugned judgment and order of High Court Division. 24. The appeal is, accordingly, dismissed without any order as to cost. Ed. ......ontest against the order No.3 dated 3.1.2000 in Administrative Tribunal Case No.282 of 1999 rejecting as premature the application filed under section 4(2) of the Administrative Tribunal Act, 1980 for respondent's reinstatement in service as Assistant Director after setting aside the order dated......stance in the appeal in order to interfere with the impugned judgment and order of High Court Division. 24. The appeal is, accordingly, dismissed without any order as to cost. Ed. ......dgment 22 March 2005 Cases Referred To- Zane Alam Khan vs. Abdul Hamid Chowdhury, 3 BLC (AD) 55; A.B.M. Abdul Baqi vs. Government of Bangladesh, 4 BLC (AD) 213. Lawyers Involved: Abdur Razaque Khan, Additional Attorney General, (Faisal H. Khan, Assistan..Category: Administrative Law | Date: | Hits: 124
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