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Fazlur Rahman (Md) Vs. Government of Bangladesh, 1997, 26 CLC (AD)
....nt Md. Abdur Rouf J.- This petition for leave to appeal by respondent No. 8—petitioner is from the judgment and order dated 20.8-96 passed by a Division Bench of the High Court Division making, Rule Nisi, issued earlier, in Writ Petition No. 1320 of 1996 absolute and declaring thereby the memo......y respondent No. 8—petitioner is from the judgment and order dated 20.8-96 passed by a Division Bench of the High Court Division making, Rule Nisi, issued earlier, in Writ Petition No. 1320 of 1996 absolute and declaring thereby the memos, Annexure-E, M, J and K to the writ petition, issued by res..Category: Constitutional Law | Date: | Hits: 163
....it Petition No. 389 of 1986).
Judgment
Md. Abdur Rouf J.- This appeal by leave is from the judgment and order passed by a Division Bench of the High Court Division on July 31st, 1990 making the Rule Nisi in Writ Petition No. 389 of 1986 absolute and declaring the orders of the Ministry of Educ......
Md. Abdur Rouf J.- This appeal by leave is from the judgment and order passed by a Division Bench of the High Court Division on July 31st, 1990 making the Rule Nisi in Writ Petition No. 389 of 1986 absolute and declaring the orders of the Ministry of Education dated September 24, 1986 and January ..
Category: Employment/Service Law | Date: | Hits: 95
Bangladesh House Building Finance Corpn. Vs. Jahan Ara Akhtar & others , 1997, 26 CLC (AD)
....angladesh House Building Finance Corporation from judgment and order dated 5 January, 1995 passed by a Division Bench of the High Court Division in Civil Revision No. 1419 of 1993 making the Rule absolute. Facts of the case, briefly, are that the appellant-Corporation filed five app......desh House Building Finance Corporation from judgment and order dated 5 January, 1995 passed by a Division Bench of the High Court Division in Civil Revision No. 1419 of 1993 making the Rule absolute. Facts of the case, briefly, are that the appellant-Corporation filed five applicat..Category: Business or Commercial Law | Date: | Hits: 117
Khairunnessa being dead, her heirs F. Alam & ors Vs. Zobaida Nahar @ Zharna & ors, 1997, 26 CLC (AD)
....t be restored. The defendant may take back the amount if already deposited in the trial Court. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 430, 49 DLR (AD) (1997) 77 ......t be restored. The defendant may take back the amount if already deposited in the trial Court. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 430, 49 DLR (AD) (1997) 77 ..Category: Property Law | Date: | Hits: 82
Rupe Jahan Begum and others Vs. Lutfe Ali Chowdhury and others, 1997, 26 CLC (AD)
....ed against the judgment and order dated 18 April 1993 passed by a learned Single Judge of the High Court Division in Civil Revision Nos. 89 of 1987 (Chittagong) and 1894 of 1991 (Dhaka) making the Rule absolute and sending the suit back to the trial Court for disposal in accordance with law and ......ainst the judgment and order dated 18 April 1993 passed by a learned Single Judge of the High Court Division in Civil Revision Nos. 89 of 1987 (Chittagong) and 1894 of 1991 (Dhaka) making the Rule absolute and sending the suit back to the trial Court for disposal in accordance with law and in th..Category: Procedural Law | Date: | Hits: 140
Abdus Salam Sheikh and others Vs. Puspa Rani Shil and others, 1997, 26 CLC (AD)
....ached the High Court Division with the aforementioned Writ Petition No. 64 of 1994 praying for a declaration that the order of the Land Appeal Board was without any lawful authority and obtained a Rule Nisi thereupon. The petitioners resisted the writ petition by filing an affidavit in-oppositio......tered as required under section 95(2) of the Act and as such, the finding of the Land Appeal Board cannot be sustained in law.” Accordingly, the learned Judges of the said Court made the Rule absolute by the impugned judgment and order. 3. The petitioners are now seeking leave from..Category: Property Law | Date: | Hits: 72
Mohsin Mia Vs. Bangladesh, 1997, 26 CLC (AD)
....sp; ATM Afzal CJ: This petition is from an order dated 5 January, 1997 passed by a Division Bench of the High Court Division refusing the prayer for ad-interim injunction while issuing Rule in Writ Petition No. 182 of 1997 filed by the petitioner. 2. The Petitioner filed the s......ision having, in fact, issued the Rule it was wrong not to grant interim injunction as prayed for inasmuch as the interim relief prayed for is ancillary to and in aid of the principal relief and is absolutely necessary for preservation of the subject matter of the dispute pending adjudication by ..Category: Constitutional Law | Date: | Hits: 149
Reazuddin Ahmed (Md) Vs. State and another, 1996, 25 CLC (AD)
....on as well as the order of conviction and sentence passed against the appellant under section 406 of the Penal Code. Ed. This Case is also reported in: 49 DLR (AD) (1997) 64; 1997 BLD (AD) 123. ......on as well as the order of conviction and sentence passed against the appellant under section 406 of the Penal Code. Ed. This Case is also reported in: 49 DLR (AD) (1997) 64; 1997 BLD (AD) 123. ..Category: Criminal Law | Date: | Hits: 78
Abdul Jalil Miah (Md) Vs. Niropama Ritchil and ors., 1997, 26 CLC (AD)
....sion, although on different reasonings. In the result the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 426, 49 DLR (AD) (1997) 61 ......estions of both law and fact. The plaintiff having never set up such a case in the plaint, cannot succeed in this suit on the theory that acquired title by adverse possession. The facts made it absolutely clear that the case is governed by Article 142 of the Limitation Act. The plaintiff had..Category: Property Law | Date: | Hits: 72
Resima Sultana Vs. Khaez Ahmed Mojumder, 1997, 26 CLC (AD)
.... that it was not maintainable. The respondent then took a revision from the order of the learned District Judge, Civil Revision No. 1676 of 1990, before the High Court Division and obtained a Rule but there was no order of stay of the execution proceeding; even then the execution case was s...... The contentions raised by the appellant fail and accordingly the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 57 ..Category: Family Law | Date: | Hits: 144
Abu Talukder Vs. Bangladesh, 1997, 26 CLC (AD)
....nvestigation Department (CID) before the High Court Division Writ Petition No. 2647 of 1995. A Division Bench of the High Court Division by its judgment and order dated 30-6-96 discharged the Rule. The accused-petitioner is now seeking leave to appeal from the impugned judgment of the High ...... The petition is dismissed but the order of payment of cost of Taka 2,500.00 to respondent No. 9 is deleted. Ed. This case is also reported in: 49 DLR (AD) (1997) 56 ..Category: Criminal Law | Date: | Hits: 78
Anwaruddin Bepari Vs. Assistant Commissioner (Land) and Others, 1997, 26 CLC (AD)
....s of said Presidents Order No. 88 of 1972 which was allowed ex parte on 15-6-1974. 4. The appellant filed writ petition No. 1074 of 1974 impugning the said order of redemption and a Rule Nisi was issued thereon. During the pendency of the said writ petition Martial Law was promulg...... It is the of the appellant that respondent No. 4 could not upto the said agreement and, as such, he started possessing the land unencumbered since 10-1-72 after the expiry of 7 years as being the absolute owner in possession by virtue of his purchase by registered Kabala dated 11-1-1965. ..Category: Property Law | Date: | Hits: 88
Abul Ahsan Vs. Administrator of Pabna Cham. of Com. & Ind. & anr, 1997, 26 CLC (AD)
.... No. 2 moved the High Court Division under section 115 of the Code of Civil Procedure in revision. On 14-12-95 in presence of the plaintiff a Single Bench of the High Court Division issued a Rule in Civil Revision No. 4829 of 1995 and also stayed operation of the impugned order of te...... decision. Accordingly, those petitions are disposed of as not being necessary for deciding the questions raised therein. Ed. This case is also reported in: 49 DLR (AD) (1997) 46 ..Category: Procedural Law | Date: | Hits: 122
Mofizul Huq Vs. Mofizur Rahman and others, 1997, 26 CLC (AD)
....f the said Union Parishad and he is liable to be directed to vacate the said office. The other contesting candidate is entitled to hold the said office of Chairman as duly elected uncontested under Rule 20 (3) of the Election Rules. 3. The appellant filed an affidavit-in- opposition......thority’ and thereby he is debarred from being a Chairman of the Union Parishad in view of the aforesaid provision of section 7(2) (e) of the Ordinance of 1983. The Rule was accordingly made absolute by the impugned judgment and order dated 26 April 1995. 5. Among other operative or..Category: Others | Date: | Hits: 85
Mobarak Ali and others Vs. Mobaswir Ali and others, 1997, 26 CLC (AD)
....he two witness-appellant directed against the judgment and order dated 3l-5-95 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No. 2113 of 1994 discharging the Rule arising from the judgment and order dated 18-10-1994 passed by the Additional Sessions Judge a......s under section 245(1) of the Code of Criminal Procedure. For the foregoing reasons, the appeal is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 36 ..Category: Criminal Law | Date: | Hits: 68
Bangladesh Vs. Abdul Latif Chokder , 1997, 26 CLC (AD)
....udit and Accounts Training Academy and while working as such the Comptroller and Auditor General drew up a departmental proceeding against him under the Government Servants (Discipline and Appeal) Rules, 1976 on 14-3-78 and issued show cause notice to which he replied denying the charges. On 25-...... was granted. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 393, 49 DLR (AD) (1997) 29 ..Category: Administrative Law | Date: | Hits: 106
Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)
....g as having sufficient interest in the matter, and thereby regarded as a person aggrieved to maintain the writ petition subject to the objection or objections as may be raised by the respondents if a Rule is issued ultimately. Mustafa Kamal J.- The burning issue of locus standi which has become a...... in particular are committed to realise the rule of law in the country through Law Courts. The Preamble gives the association a standing. The Preamble and Article 8 also proclaim “the principles of absolute trust and faith in the Almighty Allah” as a fundamental principle of the Constitution and..Category: Constitutional Law | Date: | Hits: 450
Siddiqur Rahman (Md) and others Vs. Profulla Bala Devi & others, 1998, 27 CLC (AD)
....naripapa, Bakerganj, from the judgment and order dated 17-8-89 passed by a learned Single Judge of the High Court Division (Barisal Bench) in the Civil Revision Case No.51 of 1988, discharging the Rule, affirming thereby the order dated 31-1-88 passed by the trial Court refusing the petitioners&......porating the appellants’ name thereof plaintiffs in place of the deceased sole Munshi Abdul Khair Faraji. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 213. ..Category: Property Law | Date: | Hits: 88
Shahinur Alam (Md) Vs. People’s Republic of Bangladesh and others, 1998, 27 CLC (AD)
....rs……………….Respondents Judgment November 27, 1997. The Administrative Tribunals Act, 1980 (VII of 1981), Section 4(2) The Rules of Business, 1975, Rule 5 Charges against the government servant having proved with op......he submission of the learned Advocate. No case for leave has been made out. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 211. ..Category: Administrative Law | Date: | Hits: 133
Nur Begum Vs. Dr. Yusuf Ahmed & another, 1998, 27 CLC (AD)
....e plaintiff. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 210. ......e plaintiff. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 210. ..Category: Property Law | Date: | Hits: 71
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