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Abdus Sobhan Vs. Anwar Rahim & others, 2001, 30 CLC (AD)
....for our interference. There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 110. ......0. The Code of Civil Procedure, 1908 (V of 1908), Order 41 rule 23 The High Court Division rightly found that the suit could not be sent back on remand for filling up lacuna. It also found that illegality has been committed in not calling for the ...... in collusion with the engaged lawyer of the defendant practiced fraud upon the trial Court when the learned Advocate for the defendants submitted that he would not adduce any oral and documentary evidence in the case and on the basis of this collusion the trial Court passed the decree without g..Category: Property Law | Date: | Hits: 74
Ziauddin Ahmed and others Vs. Arab Bangladesh Bank and others, 2001, 30 CLC (AD)
....pellant, leave was granted on the following two grounds- (1) The High Court was wrong in holding that the provision of section 103 of the Bank Companies Act, 1991 is applicable in the facts and circumstances of the case when the said provision has no manner of application in the pr...... Latifur Rahman CJ Mainur Reza Chowdhury J Md. Golam Rabbani J Md. Ruhul Amin J Ziauddin Ahmed and others..............Appellants Vs. Arab Bangladesh Ban......nction in the present case. Consequently, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 107. ..Category: Civil Law | Date: | Hits: 112
Syed Abdur Rahim Vs. Secretary, Ministry of Works, Government of Bangladesh & ors, 2001, 30 CLC (AD)
....reation of sub-plots and allotment of the same to others. Further, the allottees of the plots had not been impleaded in the two Rules and so those are bad for defect of parties. 4. In those facts and circumstances the High Court Division discharged the Rule. 5. We do not find an...... J Mainur Reza Chowdhury J Syed Abdur Rahim.............................................. Petitioner Vs. Secretary, Ministry of Works, Government of Bangladesh and others...........Respondents Judgment December 7, 2000. The Town Impro......llegality in the judgment and orders passed by the High Court Division. The petitions are therefore dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 106. ..Category: Constitutional Law | Date: | Hits: 138
Habibur Rahman Khan (Md) Vs. Bangladesh, represented by the Secretary & other, 2001, 30 CLC (AD)
....iculation Certificate. 5. The submission for leave has no merit. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 105. ......dash;For the petitioner. Not represented—The Respondents. Civil Petition for Leave to Appeal No. 1159 of 1999. (From the judgment and order dated 21 April 1999 passed by the High Court Division in Writ Petition No. 5002 of 1997).......96. 2. The points in issue was whether the petitioner having declared his date of birth to be 21st April 1941 at the time of joining could be changed on the basis of subsequent evidence that he was born on 21st April 1936 and retired accordingly. The petitioner relied on rule..Category: Employment/Service Law | Date: | Hits: 71
Abdul Mannan Miah Vs. Solaiman Miah (Md), 2001, 30 CLC (AD)
....erlocutory matter. With this observation this petition is disposed of. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 104. ......ior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Respondent. Criminal Petition for Leave to Appeal No. 221 of (From the Judgment and Order dated 29-06-2000 passed by the High Court Division, Dhaka in Criminal Miscellaneous Case ......bmits that the High Court Division while disposing of the Miscellaneous Appeal which arose out of an interlocutory matter of injunction has practically decided the suit on merit without taking any evidence. 5. Mr. Shafique Ahmed, learned entering caveat, submits that whateve..Category: Intellectual Property Law | Date: | Hits: 224
Abdul Khaleque Vs. State, 2001, 30 CLC (AD)
....-4-90. After investigation police submitted charge sheet against accused petitioner Abdul Khaleque and his brother Abdul Barek along with 9 others on 20-1-91. The trial Court after considering the facts and circumstances found the accused petitioner Abdul Khaleque and his brother Abdul Bare......cord-For the Petitioner Not represented— The Respondent. Criminal Petition for Leave to Appeal No. 13 of 1999. (From the judgment and order dated 25 August 1998 passed by the High Court Division in Criminal Appeal No. 361 of 1993......f accused petitioner passed by Additional Sessions Judge, 4th Court, Comilla, in Sessions Case No. 77 of 1991 dated 30-1-93. 2. The prosecution case, as can be gathered of the evidence of the PWs, was that on 16-4-90 at the time of Zohr prayer victim Asia returned to her hou..Category: Criminal Law | Date: | Hits: 67
Abul Fazal (Md) alias Abul Fazal alias Badal and another Vs. State, 2001, 30 CLC (AD)
.... Act, 1974. On completion of investigation the investigating agency submitted three separate prosecution reports in the said three cases. 4. In the aforesaid background of the facts, petitioner moved the High Court Division under section 561A of the Code of Criminal Procedur......dhury J Mainur Reza Choudhury J Md. Ghoiam Rabbani J Md. Ruhul Amin J Abul Fazal (Md) alias Abul Fazal alias Badal and another......... Petitioners Vs. State.....................rt of the prayer for granting leave to appeal, and accordingly, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 100. ..Category: Criminal Law | Date: | Hits: 65
Government of Bangladesh and others Vs. Md. Hafizur Rahman and another, 2001, 30 CLC (AD)
....f the Court of Settlement an, the enlistment of the case holding in the ‘Kha’ list of the abandoned buildings to be illegal and without any lawful authority. 2. The facts are that, the respondents (petitioners in the writ petition) challenged inclusion of holding......p; Government of Bangladesh and others............................. Petitioners Vs. M....... We accordingly dismiss the petition, the delay having been condoned. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 99. ..Category: Property Law | Date: | Hits: 57
Mozibur Rahman Moznu (Md) Vs. Abdul Halim and others, 2001, 30 CLC (AD)
....he Rules dispute of any kind relating to the election has been made matter for adjudication by the election tribunal. 13. In the instant case it can hardly be disputed that the facts alleged to invoke the writ jurisdiction and that to have a writ for the redress of respondent......d. Ruhul Amin J Md. Fazlul Karim J Mozibur Rahman Moznu (Md)...........................Appellant Vs. Abdul Halim and others......................................... Respondents Judgment ......own guidelines by any Court because all the exigencies cannot be conceived humanly nor the vagaries of people contesting the election can be fathomed. In a dispute the issue is to be raised and evidence adduced for adjudication by a competent Tribunal. This function has been given to the Ele..Category: Election Law | Date: | Hits: 124
....fore the trial court with liberty to adduce evidence.
With that observation this petition is disposed of on condonation of delay.
Ed.
This Case is also Reported in: 53 DLR (AD) (2001) 91.
......y CJ
Mainur Reza Chowdhury J
Gholam Rabbani J
Md. Ruhul Amin J
Md. Fazlul Karim J
Sultana Jute Mills Limited.................... Petitioner
Vs.
Court of Subordinate Judge and Artha Rin Adalat and others.................. Respondents
Judgment
June 3, 2001.
Res...... Respondents
Judgment
June 3, 2001.
Result:
The petition is rejected.
The Constitution of Bangladesh, 1972, Article 103
The terms and conditions of compromise are the matters of evidence and such matter may be agitated before the trial court for adjudication with liberty to add..
Category: Civil Law | Date: | Hits: 109
Hefazetur Rahman Vs. Kazi Anowar Hossain and others, 2001, 30 CLC (AD)
....ng respondent No.4 therefrom. 2. Mr. Aftab Hossain, learned Advocate-on- Record appearing for the petitioner, submits that while dismissing the petition for leave to appeal the facts required for such disposal has not been considered but we have gone through our judgment and ...... Rabbani J Md. Ruhul Amin J Hefazetur Rahman...................................Petitioner Vs. Kazi Anowar Hossain and others......................Respondents Judgment Febru......a situation we find no merit in this petition. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 89. ..Category: Constitutional Law | Date: | Hits: 141
Syed Al Nesar Ahmed, MD, United Food Complex Ltd. Vs. Nafisa Choudhury and others, 2001, 30 CLC (AD)
....bsp; 9. The High Court Division also held that the petitioner admittedly being a minority share holder was competent to file an application under section 233 of the Companies Act and in the facts and circumstances the application under section 233 could be maintained. The petitioner had c......; Syed Al Nesar Ahmed, MD, United Food Complex Ltd............... Petitioner Vs. Nafisa Choudhury and others...............Respondents Judgment May 22, 2001...... loan agreement. Therefore the respondent No. 3 was found to be the Managing Director of respondent company after the amendment of article 145. The High Court Division also found that there was no evidence that respondent No. 3 relinquished the office of the Managing Director. ..Category: Business or Commercial Law | Date: | Hits: 95
Abdul Khaleque Gazi and others Vs. Abdul Aziz Mollah and others, 2001, 30 CLC (AD)
....ence. There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 82. ...... Mahmudul Amin Choudhury J Mainur Reza Chowdhury J Md. Gholam Rabbani J Md. Ruhul Amin J Abdul Khaleque Gazi and others...................... Petitioner Vs. Abdul Aziz......reafter in Title Appeal No. 50 of 1986 the learned Additional District Judge set aside the judgment and decree and sent the case back on remand to the trial Court with a direction for taking fresh evidence in order to prove “Salishnama” which was the basis of the plaintiffs’ cl..Category: Procedural Law | Date: | Hits: 82
State Vs. Abu Musa @ Musaya @Shapir Bap & ors, 2001, 30 CLC (AD)
....ed persons. This leave petition is accordingly, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 81. ......103 The Penal Code, 1860 (XLV of 1860), Section 396 The state did not take any step during the period of about seven years to get the leave petition heard and on this very account the leave petition must be rejected. Upon evidence on record a different c......n 396 The state did not take any step during the period of about seven years to get the leave petition heard and on this very account the leave petition must be rejected. Upon evidence on record a different conclusion might be arrived at from those upon which the High Court ..Category: Business or Commercial Law | Date: | Hits: 99
Motasim Ali Chowdhury Vs. Md. Ismail, 2001, 30 CLC (AD)
....vision set aside the said order of the trial Court. 6. Leave was granted to consider whether the learned Judge of the High Court Division upon correct appraisal of the material facts and the principles of law applicable to amendment of plaint was justified in interfering with...... SR Pal, Senior Advocate, instructed by Sharifuddin Chaklader Advocate-on-Record — For the Respondent. Civil Appeal No.36 of 1993. (From the judgment and Order dated 13-1-1993, passed by the High Court Division in Civil Revision No.828 of 1989). ...... appeal. Accordingly, it is dismissed with cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 74. ..Category: Property Law | Date: | Hits: 58
Bangladesh Bank and others Vs. Zafar Ahmed Chowdhury and another, 2001, 30 CLC (AD)
....suit is still pending. Thereafter orders dated 14th June, 2000, 16th October, 2000 and 6th November, 2000 have been issued by the present petitioners. The High Court Division on consideration of the facts and circumstances of the case made the Rule absolute earlier issued and declared that the af......nbsp; Bangladesh Bank and others.......... Petitioners Vs. Zafar Ahmed Chowdhu......this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 70. ..Category: Business or Commercial Law | Date: | Hits: 131
Momtazuddin Sarker and others Vs. Abdur Rob and others, 2001, 30 CLC (AD)
....he petitioners. The leave petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 67 ...... Present: Bimalendu Bikash Roy Choudhury J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Momtazuddin Sarker andothers ................Petitioners Vs. Abdur Rob and o......pre emption on the basis of Heba as well as inheritance from Sonavan Bibi High Court Division acted illegally in holding that the pre-emptor is not co sharer by inheritance inasmuch as there is no evidence and finding to that effect. He further submits that the petitioner having been substituted..Category: Property Law | Date: | Hits: 65
Abdul Alim Vs. State and others, 2001, 30 CLC (AD)
....eceiver, Officer-in-Charge, Motijheel PS to hand over possession of Holding No. 59 and 59/1 Purana Paltan, Dhaka to Humayun Kabir, second party in that proceeding. 2. The short facts of the case are that, the respondent No. 2 the informant first party Mr. Azizur Rahman, Sub-...... Kazi Ebadul Hoque J Mainur Reza Chowdhury J Abdul Alim.................... Petitioner Vs. State and others.............. Respondents Judgment November 26......party. The Petition is, therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 64. ..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. ...... 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 by him bonafide. The right of bonafide ....... 8. The SCC Judge and Assistant Judge admittedly found that a relationship of landlord and tenant was established between the appellant and the respondent and on the basis of evidence of the appellant (PW 1) and the documentary evidence also found that the disputed shop roo..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. ......t: Bimalendu Bikash Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Abul Khair (Md)................................ .Petitioner Vs. Pubali Bank Ltd. and another.................. Respondents Judgment June 26, 2000. The Code of Civil Procedu......6. Mr. Shafique Ahmed, learned Advocate for the petitioner, submits that the learned Judge of the High Court Division fell in error in rejecting the plaint in that the averments needs to be proved by evidence that no cause of action arises within the meaning of Order 7 rule 11 CPC. He further submit..Category: Civil Law | Date: | Hits: 105
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