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Motasim Ali Chowdhury Vs. Md. Ismail, 2001, 30 CLC (AD)
.... appeal. Accordingly, it is dismissed with cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 74. ...... The Code of Civil Procedure, 1908 (V of 1908), Order VI rule 17 Though amendment of the pleadings of the parties can be allowed at any stage of the proceedings which may be necessary for determination of the real question of controversy between the parties the same cannot be allowe...... appeal. Accordingly, it is dismissed with cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 74. ......ame cannot be allowed to introduce a new case which was not necessary to resolve the real dispute between the parties………………(8-10) Lawyers Involved: Md. Hannan, Senior Advocate, instructed by Md. Nawab Ali, Ad..Category: Property Law | Date: | Hits: 58
Bangladesh Bank and others Vs. Zafar Ahmed Chowdhury and another, 2001, 30 CLC (AD)
....this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 70. ......Senior Advocate with him), instructed by Ataur Rahman Khan, Advocate Record—For the Respondent. Not represented—Respondent No. 2. Civil Petition for Leave to Appeal No. 245 of 2001. (From the judgment and order dated 18-1-......this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 70. ...... Cases Referred to- Dr. Nurul Islam vs. Bangladesh and others 33 DLR (AD) 201; Attorney-General vs. Times Newspapers Ltd & another (1991) 2 All England Law Reports 398. Lawyers Involved: Dr. M Zahir Senior Advo..Category: Business or Commercial Law | Date: | Hits: 131
Abdul Alim Vs. State and others, 2001, 30 CLC (AD)
....party. The Petition is, therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 64. ......n, Senior Advocate instructed by Serajur Rahman, Advocate-on-Record—For Respondent No. 3. Not represented—Respondent Nos. 1-2. Criminal Petition for Leave to Appeal No. 220 of 2000. (From the judgment and order dated 13 Jul......party. The Petition is, therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 64. ......could not be any proceeding under section 145 of the Code of Criminal Procedure in respect of the same property…………………(4) Lawyers Involved: Mujibur Rahman, Senior Advocate, instructed by Md. Nawab Ali..Category: Criminal Law | Date: | Hits: 62
Zaher Ahmed Vs. Manik Sardar, 2001, 30 CLC (AD)
.... suit. In the result the appeal is allowed with cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 63. ...... April 24, 2000. The Premises Rent Control Ordinance, 1963 (XX of 1963), Section 18(1) Under the Ordinance for getting a decree of eviction the landlord is to decide which premises out of many is required b...... suit. In the result the appeal is allowed with cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 63. ...... requirement is always with landlord but he is under legal obligation to prove that he needs the premises for such requirement……………(11) Lawyers Involved: SS Halder Senior Advocate, instructed by Md. Aftab Hossain, ..Category: Property Law | Date: | Hits: 69
Abul Khair (Md) Vs. Pubali Bank Ltd and another, 2000, 29 CLC (AD)
....gned judgment and order. The submissions of the learned Advocate do not merit any consideration. The petition is dismissed. Ed. This Case is also Reported in:53 DLR (AD) (2001) 62. ......der VII rule 11 Cause of action Only the averments made in the plaints are to be considered to come to a finding as to whether those disclose a cause of action and while deciding an application for rejection of the plaint the court must not travel beyond the averments made in the plaint.............gned judgment and order. The submissions of the learned Advocate do not merit any consideration. The petition is dismissed. Ed. This Case is also Reported in:53 DLR (AD) (2001) 62. ......ding as to whether those disclose a cause of action and while deciding an application for rejection of the plaint the court must not travel beyond the averments made in the plaint.............(7) Lawyers Involved: Shafique Ahmed, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Recor..Category: Civil Law | Date: | Hits: 105
Nuruzzaman (Md) Vs. Moazzem Hossain and others, 2001, 30 CLC (AD)
.... of the Civil Revision No. 1900 of 1991 before the High Court Division. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 56. ......ode of Civil Procedure, 1908 (V of 1908) Order XXII rule 9 The suit as a whole had not been abated on account of death of one of the appellants during pendency of the appeal before pronouncement of the judgment of the appeal. The suit being one for declaration of title the r...... of the Civil Revision No. 1900 of 1991 before the High Court Division. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 56. ......claration of title the revision arising from the decision of the appellate decree is required to be disposed of on merit………………(6) Lawyers Involved: Md. Nawab Ali, Advocate-on-Record—For the Appellant...Category: Property Law | Date: | Hits: 46
Rajib Kamrul Hasan and 3 others Vs. State, 2001, 30 CLC (AD)
.... and sentence are maintained. Criminal Appeal No.31 of 1999 is allowed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 50. ......e offence of rape could not be proved but at the same time it is proved on evidence beyond reasonable doubt that the accused- appellants committed immoral act with the woman, even though no charge for the offence of immoral act has been framed, conviction for immoral act is sustainable…&h...... and sentence are maintained. Criminal Appeal No.31 of 1999 is allowed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 50. ......nbsp; Cases Referred to- State vs Abdul Mannan, 44 DLR (AD) 173, MG Rabbani and another vs Government of Bangladesh, 31 DLR (AD) 163. Lawyers Involved: Abdul Malek, Senior Advocate, instructed by Azra Ali, Advocate-on-Record&m..Category: Criminal Law | Date: | Hits: 72
Islamic Foundation Bangladesh Vs. Firoz Alam and others, 2001, 30 CLC (AD)
....g a chance to the petitioner to try its luck once again on the plea of discovery of additional evidence. Leave is accordingly refused. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 48.......on-Record— For the Petitioner Mustafa Niaz Mohan2rnad, Advocate, instructed by Azra Ali, Advocate-on-Record — For Respondent No.1. Not Represented — Respondent Nos.2-10. Civil Petition for Leave to Appeal No. 820 of 1999. (From the judgment and order dated 24 June 1999 passed by th......g a chance to the petitioner to try its luck once again on the plea of discovery of additional evidence. Leave is accordingly refused. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 48.......itted no error of law by refusing the petitioner to try its luck again on the plea of discovery of additional evidence. Case Referred to- Kessewji Issur vs GIP Ry. Company, 34 IA 115 (PC). Lawyers Involved: Shafique Ahmed, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate..Category: Property Law | Date: | Hits: 107
State Vs. Faisal Alam Ansari, 2001, 30 CLC (AD)
....ntly, the appeal is allowed and the impugned judgment and order set aside. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 43. ......n of fundamental right cannot arise since “save in accordance with law” as mentioned in Article 32 of the Constitution not only refers to criminal law but also civil law which provides for arrest and detention for recovery of decreetal dues and public dues………&hel......ntly, the appeal is allowed and the impugned judgment and order set aside. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 43. ......y refers to criminal law but also civil law which provides for arrest and detention for recovery of decreetal dues and public dues………………(10) Lawyers Involved: Mahbubey Alam, Additional Attorney-General, instructed by..Category: Criminal Law | Date: | Hits: 68
Secretary, Ministry of Establishment Vs. A M Nurunnabi, 2001, 30 CLC (AD)
....s condoned but there being no merit in the petition the same is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 41. ...... Judgment February 27, 2001. The Bangladesh Service Rules, Part I, Rule 72(b) The review forum having found the respondent honourably acquitted, the Tribunals below rightly held that the ......e was serving as Deputy Secretary, Ministry of Food he received a letter dated 27-8-82 signed by an Assistant Inspector General of Police intimating him that he had been retired from service under Martial Law Order No. 9 of 1982 by the CMLA (Chief Martial Law Administrator) with effect from 1-10......acquitted, the Tribunals below rightly held that the respondent is entitled to the arrear pay and allowances………………………(7) Lawyers Involved: Mahmudul Islam, Attorney-General, instructed by Sufia Khatun..Category: Administrative Law | Date: | Hits: 117
Jatiya Party Vs. Election Commission for Bangladesh and others, 2001, 30 CLC (AD)
....sion is set aside and the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 38. ...... Mainur Reza Chowdhury J Jatiya Party............................ Appellant Vs. Election Commission for Bangladesh and others................... Respondents Judgment &nbs......sion is set aside and the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 38. ......llip;………(9 & 15) Cases Referred to- Barnard and others vs. National Dock Labour Board and another, 1953(1) All England Law Reports 1113; Vine vs. National Dock Labour Board,1956(3) All England Law Reports 939; Allingh..Category: Election Law | Date: | Hits: 144
Bangladesh Biman Corporation and others Vs. Md. Tipu Sultan & others, 2001, 30 CLC (AD)
....n made herein before the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001)31. ......orporation to the higher posts is not a vested right as per rule 12(1) of the regulation. Requirement of Regulation 15 is to maintain separate list of seniority of different categories of personnel for promotion and respondents 1 and 2 are not entitled to be promoted on the basis of non-existent ......n made herein before the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001)31. ......d right of being promoted………(21 & 22) Cases Referred to- AIR 1982 (SC) 1064 & AIR 1993 (SC) 978. Lawyers Involved: Amir Hossain Khandakar, Advocate (MA Tariq, Advocate with hi..Category: Employment/Service Law | Date: | Hits: 63
DG, Prisons & others Vs. Md. Nasim Uddin, 2001, 30 CLC (AD)
....out request helped this Division in the proper disposal of this matter. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 30. ......al instructed by Mvi Md Wahidullah, Advocate-on-Record For the Petitioners. Not represented — The Respondent. Civil Petition for Leave to Appeal No. 498 of 1996 (From the judgment and order dated 14-7-19......out request helped this Division in the proper disposal of this matter. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 30. ......hellip;…………(4) Case Referred to- Jamuna Oil Company Limited and another vs. SK Dey and another 44 DLR (AD). Lawyers Involved: B Hossain Deputy Attorney-General instructed by Mvi Md Wahid..Category: Administrative Law | Date: | Hits: 137
GM, Jamuna Oil Company Ltd. Vs. Chairman, Labour Court, 2001, 30 CLC (AD)
....ation. The petitioners are dismissed by this judgment. Ed. This Case is also Reported in: 53 DLR (AD) (2001)28. ...... For the Respondents (In both the cases). Civil Review Petition Nos. 16 and 17 of 1999. Judgment AM Mahmudur Rahman J.- This application for review of the judgment dated 14-2-1999 of this Division made in Civil Appeal Nos. 41 and 42 of......ation. The petitioners are dismissed by this judgment. Ed. This Case is also Reported in: 53 DLR (AD) (2001)28. ...... decided by this Division without betraying apparent error on the face of record is no ground of review of a judgment………………(3) Lawyers Involved: Shafique Ahmed, Senior Advocate, instructed by Md. Nawab ..Category: Labour and Industrial Law | Date: | Hits: 128
Mohammad Ali Vs. ADC (Revenue), Dhaka & others, 2001, 30 CLC (AD)
....therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 27 ......te, instructed by Md. Nowab Ali, Advocate-on-Record — For the Respondent Nos. 3 and 4. Not Represented — Respondent Nos. 1 and 2. Civil Petition for Leave tot Appeal No.397 of 1999. (From the judgment and order dated 4-2-19......therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 27 ...... joint Mutwalli in collaboration with the chief Mutwalli after making over his charge to the chief Mutwalli as there is no illegality in the order of making over charge. Lawyers Involved: Md. Shahidul Alam Chowdhury, Advocate, instructed by Md. Aft..Category: Property Law | Date: | Hits: 47
Haripada Ghose and another Vs. Gopal Chandra Ghose, 1995, 24 CLC (AD)
.... just and proper and calls for no interference. The appeal is accordingly dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 164 ......t Appeal No. 802 of 1991). Judgment: ATM Afzal J: This appeal by leave by the two applicants for probate is from judgment and order dated 3.11.1993 passed by the High Court Division allowing f...... just and proper and calls for no interference. The appeal is accordingly dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 164 ......other................ Appellants Vs. Gopal Chandra Ghose..........................Respondent Judgment April 18th, 1995. Lawyers Involved: SR Pal, Senior Advocate instructed by Shamsul Haque Siddique, AdvocateR..Category: Property Law | Date: | Hits: 67
....y comment.
The appeal is allowed with cost and the case is sent back to the High Court Division for disposal in accordance with law.
Ed.
This case is also reported in:47 DLR (AD) (1995) 162.
......n the material evidence on record and to finally dispose of the case. . . The suit being an old case of 30 years the remand order ought not to have been made so lightly without any justifiable ground for remand………………………………………..(7)
Lawyers Involved:
Nazrul Islam Ch......y comment.
The appeal is allowed with cost and the case is sent back to the High Court Division for disposal in accordance with law.
Ed.
This case is also reported in:47 DLR (AD) (1995) 162.
......case. . . The suit being an old case of 30 years the remand order ought not to have been made so lightly without any justifiable ground for remand………………………………………..(7)
Lawyers Involved:
Nazrul Islam Chowdhury, instructed by Sharifuddin Chaklader, Advocate‑on‑ R..
Category: Property Law | Date: | Hits: 46
Mahmudul Islam Chowdhury Vs. Md. Sultanur Kabir Chowdhury and others, 1995, 24 CLC (AD)
....e matter we do not find any cogent reason to accept the submission of Mr. AR Yousuf. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 161 ......AR Yousuf, Senior Advocate instructed by, Mvi. Md. Wahidullah, Advocate‑on ‑Record ‑ For the Petitioner. Not Represented ‑ Respondents. Civil Petition for leave to Appeal No.121 of 1995. (From the Judgment and Order dated 27.11.94 passed by th......e matter we do not find any cogent reason to accept the submission of Mr. AR Yousuf. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 161 ......n J Mahmudul Islam Chowdhury........................Petitioner Vs. Md. Sultanur Kabir Chowdhury and others............Respondents Judgment May 25th, 1995. Lawyers Involved: AR Yousuf, Senior Advocate instructed by, Mvi. Md. Wahidullah, Advocate..Category: Others | Date: | Hits: 119
Shaikh Mustainul Haque Vs. Inspector General of Police and others, 1995, 24 CLC (AD)
....y further order. No costs. The impugned judgment and order arc set aside and those of the Administrative Tribunal are restored. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 157. ......Ânance, 1976 (LXXXIV of 1976), section 7A A revision lies to the Government under section 7A of the Ordinance from the Appellate order. Thus the appellant cannot go to the Administrative Tribunal for relief till the government finally decides the matter under section 7A. And in this case the fin......y further order. No costs. The impugned judgment and order arc set aside and those of the Administrative Tribunal are restored. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 157. ......n under section 7A. So the case has been brought rightly within the period of limitation……………………..(12) Case Referred to- SA Ali vs. Secretary Establishment, 31 DLR (AD) 256. Lawyers Involved: Awlad Ali, Advocate, instructed by Md. Sajjadul Huq, Advocate‑on‑Record â€..Category: Administrative Law | Date: | Hits: 111
Shahana Hossain Vs. AKM Asaduzzaman, 1995, 24 CLC (AD)
.... Division is set aside. The appellant is entitled to restitution in view of the disposal of the Miscellaneous Case by us. Ed. This case is also reported in: 47 DLR (AD) (1995) 155 ...... No.255 of 1985 now Title Suit No.212 of 1994). 2. Appellant Mrs. Shahana Hossain was a defendant in Title Suit No.177 of 1984 in the Fourth Court of Subordinate Judge, Dhaka. The suit was for specific performance of contract for sale of house at Pallabi, Dhaka. On transfer to the Court ...... Division is set aside. The appellant is entitled to restitution in view of the disposal of the Miscellaneous Case by us. Ed. This case is also reported in: 47 DLR (AD) (1995) 155 .....................................Defendant‑Appellant Vs. AKM Asaduzzaman..................................Plaintiff‑Respondent Judgment June 1st, 1995. Lawyers Involved: Sk. Khurshed Ali, Advocate instructed by Mr. Shamsul Haque Siddique, Advoc..Category: Property Law | Date: | Hits: 68
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