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Jamir Ali (Md) and others Vs. Secretary, Ministry of Land & others, 2000, 29 CLC (AD)
....al assessment of compensation in respect of 74 decimals of land was made and the land did not vest in the requiring body, RAJUK. 3. Respondent No. 3-RAJUK, the Requiring Body, contested the Rules issued in the writ petitions stating that compensation was paid to the owners and the land wa...... 1953 Act as amended by sections 22 and 23 of the 1987 Act. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 176; 6 MLR (AD) 2001, 41. ..Category: Property Law | Date: | Hits: 94
Bangladesh and another Vs. Habib Zamil, 2000, 29 CLC (AD)
.... respondent was a citizen of Bangladesh and that as the property in question remained under requisition, the same could not have vested in the Government as an abandoned property. Accordingly, the Rule Nisi was made absolute. 9. Aggrieved thereby, the Peoples Republic of Bangladesh and t......itizen of Bangladesh and that as the property in question remained under requisition, the same could not have vested in the Government as an abandoned property. Accordingly, the Rule Nisi was made absolute. 9. Aggrieved thereby, the Peoples Republic of Bangladesh and two of its officers,..Category: Property Law | Date: | Hits: 73
Government of Bangladesh and others Vs. Hussain Mohammad Ershad, 2000, 29 CLC (AD)
....fully in the Court of Chief Metropolitan Magistrate praying for unlocking the house but no order of search warrant and seizure was available on the record. 3. Respondents opposed the Rule by filing an affidavit-in-opposition denying the material allegations and stating, inter alia...... the learned Additional Attorney-General merit no consideration. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 162. ..Category: Constitutional Law | Date: | Hits: 170
Zenith Packages Limited Vs. Member Labour Appellate Tribunal Dhaka and others, 2000, 29 CLC (AD)
....Tribunal Dhaka and others ………….Respondent Judgment May 28, 2000. The Code of Civil Procedure, 1908 (V of 1908), Order XLVII rule 1 Supreme Court Rules, Rule 26 Court cannot sit over its own judgment by way of appeal in a circuitous manne......e reason as given by us, find any reason to admit this petition for review. The review petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 160. ..Category: Labour and Industrial Law | Date: | Hits: 127
Bangladesh and others Vs. Mizanur Rahman, 2000, 29 CLC (AD)
....p; Latifur Rahman CJ.- This appeal by the Government of Bangladesh by leave is against the judgment and order dated 7-7-1997 passed by a Division Bench of the High Court Division making the Rule absolute in part in Writ Petition No. 345 of 1991. 2. The short fact relevant for dis......sp; Latifur Rahman CJ.- This appeal by the Government of Bangladesh by leave is against the judgment and order dated 7-7-1997 passed by a Division Bench of the High Court Division making the Rule absolute in part in Writ Petition No. 345 of 1991. 2. The short fact relevant for disposal..Category: Fiscal/Taxation Law | Date: | Hits: 94
Abdul Khaleque (Md) Vs. Sec, Ministry of Law, Justice and Parliamentary Affairs, 2000, 29 CLC (AD)
....ry retirement there was no violation of any provision of law and consultation with the Public Service Commission was not required as the petitioner was not up-graded till framing of the Recruitment Rule 8 on 5-9-1990…………(7) Lawyers Invoved: Abdus ...... find any substance in the submissions of the learned Advocate for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 147. ..Category: Administrative Law | Date: | Hits: 125
Syed Jahangir Hossain Vs. Md. Moyenuddin and others, 2000, 29 CLC (AD)
....s appeal at the instance of the defendant No. 2 by leave is from judgment and order dated 16-6-1998 passed by a Single Judge of the High Court Division in Civil Revision No. 3428 of 1997 making the Rule absolute and setting aside the judgment and decree dated 8-7-1997 passed by the 2nd Court of S......eal at the instance of the defendant No. 2 by leave is from judgment and order dated 16-6-1998 passed by a Single Judge of the High Court Division in Civil Revision No. 3428 of 1997 making the Rule absolute and setting aside the judgment and decree dated 8-7-1997 passed by the 2nd Court of Subord..Category: Others | Date: | Hits: 84
Novartis Foundation for Sustainable Dev. Vs. RK Ruma, General Sec., BIKASH & ors, 2000, 29 CLC (AD)
....on for leave to appeal by added respondent No. 4 calls in question the order dated 31-1-2000 passed by a Division Bench of the High Court Division in Writ Petition No. 6059 of 1997 discharging the Rule for non prosecution on the prayer of the wit-petitioner. 2. The writ petition was file......rfere with the impugned order. Consequently, the petition is dismissed with the observations indicated above. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 138. ..Category: Others | Date: | Hits: 88
Asmat Ali Vs. Abdur Rafique Mridha and others, 2000, 29 CLC (AD)
....y dismissed without costs. Order of the Court By a majority decision the appeal with cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 132. ......ed for making the kabala a deed of mortgage. Nothing has been stated by this PW 2 in this respect. Rather, he stated categorically that ‘consideration was fixed at Taka 1,500.00. So there was absolutely no evidence either oral o documentary to prove that the price as mentioned in the docume..Category: Property Law | Date: | Hits: 64
Chowdhury Nasimul Baqui Vs. Bangladesh Steel and Engineering Corporation& others, 2000, 29 CLC (AD)
.... Judgment Bimalendu Bikash Roy Choudhury J.- This is an appeal, by leave, from a judgment of the High Court Division dated 30 April 1998, which discharged the Rule Nisi issued in Writ Petition No. 1857 of 1994 preferred by the appellant. 2. The salie......t of the learned Counsel for the appellant. We accordingly, dismiss the appeal without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 125. ..Category: Employment/Service Law | Date: | Hits: 69
Bisheswar Bhattacharjee Vs. Shantimoy Bhattacharjee and others, 2000, 29 CLC (AD)
....ence for non-compliance. In case the party interrogated omits to answer the interrogatories, rule 11 allows the party interrogating to apply to the court for an order requiring him to answer them. Rule 21, in clear terms, has left a discretion with the court to strike out a defence in the event ......udge refusing to strike out the defence. This petition merits no consideration and is accordingly dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 124. ..Category: Procedural Law | Date: | Hits: 97
Delwar Hossain Mia (Md) and another Vs. Bangladesh, 2000, 29 CLC (AD)
....kash Roy Choudhury J.- This petition is by the writ petitioners for leave to appeal from the judgment and order dated 24 November 1998 of a Division Bench of the High Court Division discharging the Rule Nisi in Writ Petition No. 647 of 1998. 2. The relevant facts are brief. Being success...... substantial question of law has been made out for grant of leave in this case. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 120. ..Category: Constitutional Law | Date: | Hits: 151
Sudangshu Jaladash and others Vs. Shahabuddin and others, 2000, 29 CLC (AD)
....en preferred against the judgment and order passed by the High Court Division in Writ Petition Nos. 246 of 1996 and 4598 of 1997. The High Court Division by judgment dated 22-4-1999 discharged the Rule Nisi in Writ Petition No. 246 of 1996 and made absolute the Rule Nisi issued in Writ Petition ......by the High Court Division in Writ Petition Nos. 246 of 1996 and 4598 of 1997. The High Court Division by judgment dated 22-4-1999 discharged the Rule Nisi in Writ Petition No. 246 of 1996 and made absolute the Rule Nisi issued in Writ Petition No. 4598 of 1997. 2. Earlier the present pet..Category: Property Law | Date: | Hits: 71
Fazlur Rahman Akhond (Md) and five others Vs. Government of Bangladesh and others, 2000, 29 CLC (AD)
....ent of Bangladesh and others…………………… Respondent Judgment July 15, 1999. The Government Servants (Discipline and Appeal) Rules, 1976, Rule 8 The Constitution of Bangladesh, 1972, Article 102 The aggrieved......rit petitions were, therefore, rightly rejected, although on different grounds. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 116. ..Category: Employment/Service Law | Date: | Hits: 70
Khalilur Rahman (Md) Vs. Government of Bangladesh and others, 2000, 29 CLC (AD)
....Rahman J.- This petition for leave to appeal by the writ-petitioner is from the judgment and order dated 21-7-99 passed by the High Court Division in Writ Petition No. 2386 of 1998 discharging the Rule Nisi. 2. The petitioner, an elected Chairman of Sailakupa Pourashava, District Jhenaid......e learned Advocate for the petitioner. There is no substance in this petition. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 115. ..Category: Others | Date: | Hits: 82
Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)
....Bangladesh Civil Service (Reorganisation) Order 1980 with amendment of 1986 is ultra vires the Constitution……..76(3) Article 115 Necessary steps be taken forthwith for the president to make Rules under Article 115 to implement its provisions which is a constitutional mandate. Nomenclat......nterested in contesting the Rules Nisi. So the Division Bench heard only the several learned Advocates for the writ petitioners and thereafter by judgment and order dated 7-5-1997 made the Rules Nisi absolute and gave certain other directions which will be noted in due course. 5. It is against t..Category: Constitutional Law | Date: | Hits: 829
Badsha Mia & Others Vs. Abdul Kader and Others, 2000, 29 CLC (AD)
.... the plaintiff-petitioners is from the judgment and order dated 30-1-95 passed by a learned Single Judge of the High Court Division in Civil Revision No. 5199/(Dhaka) 209/87 (Chittagong) making the Rule absolute. 2. Plaintiff Nos. 1 to 4 instituted Other Class Suit No. 141 of 1980 in the......plaintiff-petitioners is from the judgment and order dated 30-1-95 passed by a learned Single Judge of the High Court Division in Civil Revision No. 5199/(Dhaka) 209/87 (Chittagong) making the Rule absolute. 2. Plaintiff Nos. 1 to 4 instituted Other Class Suit No. 141 of 1980 in the Cour..Category: Civil Law | Date: | Hits: 104
Islami Bank Bangladesh Limited Vs. Al-Haj Md Shafiuddin Howlader& another, 2000, 29 CLC (AD)
.... would allow the appeal. Kazi Ebadul Hoque J.- This appeal by leave is from judgment and order dated 30-6-98 passed by the High Court Division in Civil Revision No. 3975 of 1996 making the Rule absolute and setting aside order dated 17-10-96 passed by the Artha Rin Adalat, Khulna in Misc...... of a financial institution the legislature purposely committed to attach any condition precedent to the filing of an application under Order 9, rule 9 of the Code of Civil Procedure, which is the absolute right of the financial institution. 7. In these circumstances, my considered view..Category: Business or Commercial Law | Date: | Hits: 104
Jihad Ahmed and others Vs. Bangladesh Power Development Board and others, 2000, 29 CLC (AD)
....angladesh Power Development Board and others…………….. Respondent Judgment March 5, 2000. The Bangladesh Power Development Board (Employees) Service Rules, 1982, Rule 14 The Constitution of Bangladesh, 1972 Articles 27 & 29 For public ...... accepted. 8. Consequently, both the points of Sheikh Razzaque Ali failed. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 75. ..Category: Employment/Service Law | Date: | Hits: 90
Abdur Rahim Chowdhury Vs. Bangladesh Bank and others, 2000, 29 CLC (AD)
.... Kazi Ebadul Hoque J.- This appeal is by leave from judgment and order dated 10-7-97 passed by a Division Bench of the High Court Division discharging the Rule Nisi obtained by the appellant A Rahim Choudhury in Writ Petition No. 5764 of 1996 upholding t......gment and order requires no interference by this Court. The appeal is dismissed with cost to the respondents. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 71. ..Category: Business or Commercial Law | Date: | Hits: 116