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Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd and others, 1999, 28 CLC (AD)
.... my learned brother Mustafa Kamal J. Order of the Court By majority both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 221....... my learned brother Mustafa Kamal J. Order of the Court By majority both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 221.......ree with the judgment of Mustafa Kamal J. Mustafa Kamal J.- These two appeals arise out of two different suits; Title Suit Nos. 24 of 1993 and 23 of 1993, respectively of the Court of Subordinate Judge, Gazipur; the plaintiffs are different but defendant No. 1 is common, namely, Bangladesh Shilp..Category: Property Law | Date: | Hits: 77
Azizul Hoque (Md) Vs. State, 1999, 28 CLC (AD)
....f 466 and 471 of the Penal Code and section 5(2) of Act II of 1947 with a further direction that the conviction and sentence under sections 466 and 471 of the Penal Code will run concurrently, by the Divisional Special Judge, Rajshahi Division, Rajshahi by judgment and order dated 12-5-96 in Special......71 of the Penal Code and section 5(2) of Act II of 1947 with a further direction that the conviction and sentence under sections 466 and 471 of the Penal Code will run concurrently, by the Divisional Special Judge, Rajshahi Division, Rajshahi by judgment and order dated 12-5-96 in Special Case No. 1.......……………… Respondent Judgment December 7, 1998. The Penal Code, 1860 (XLV of 1860), Section 471 The Prevention of Corruption Act, 1947 (II of 1947), Section 5(11) (i) Learned Judge of the High Court Division is palpably wrong in holding that when an accused is convicted and ..Category: Anti-Corruption Laws | Date: | Hits: 73
Moulana Delwar Hossain Saydee Vs. Sudhangshu Shekhar Halder and others, 1999, 28 CLC (AD)
.... be expeditiously disposed of. We, therefore, find no substance in this petition which is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 171. ...... be expeditiously disposed of. We, therefore, find no substance in this petition which is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 171. ......dure, 1908 (V of 1908), Order XLI, rule 14(3) Since the appeal is a continuation of the election petition the provisions of the Code of Civil Procedure will apply to appeals as well. Learned Judges of the High Court Division do not appear to have committed any illegality in dispensing wit..Category: Election Law | Date: | Hits: 117
Latifa Akhter and others Vs. State and another, 1999, 28 CLC (AD)
.... High Court Division is not sustainable in law. Consequently, the appeal is allowed and the proceedings are quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 159. ...... High Court Division is not sustainable in law. Consequently, the appeal is allowed and the proceedings are quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 159. ...... others but they failed to persuade them in the matter. The mother of the complainant who was witness No 1 in the petition of complaint filed Miscellaneous Case No. 16 of 1992 before the Assistant Judge, Sonargaon seeking redress of her grievance on this matter but as the matter relates to crimi..Category: Criminal Law | Date: | Hits: 69
Pradip Kumar Chakraborty Vs. Jamila Khatun Bibi & ors , 1999, 28 CLC (AD)
....p Kumar Chakraborty to represent the deity as next friend in place of the deceased be allowed. No order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 156. ......p Kumar Chakraborty to represent the deity as next friend in place of the deceased be allowed. No order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 156. ......he next friend of the deity and for substitution of all of them in place of the deceased Hem Chandra Chakraborty, plaintiff No.2. 5. By an order dated 17 July 1991 the learned Subordinate Judge rejected the prayer for substitution of Pradip Kumar Chakraborty as the next friend of the de..Category: Family Law | Date: | Hits: 156
Nurul Afsar Vs. Rafiqul Ahmed & ors, 1999, 28 CLC (AD)
....nterfere with the order of the High Court Division passed in its discretion. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 155. ......nterfere with the order of the High Court Division passed in its discretion. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 155. ...... 3. The trial Court decreed the suit on contest. Respondent No.1 took an appeal therefrom but lost. 4. Being aggrieved he moved the High Court Division in revision. A learned Single Judge of the High Court Division in consideration of RS Khatian Nos. 3080 and 3761 found that the s..Category: Property Law | Date: | Hits: 65
Chandan Mondal Vs. Abdus Samad Talukder & others, 1999, 28 CLC (AD)
....ree of the learned Judge of the High Court Division and dismiss the suit. The appeal is allowed and without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 150. ......ree of the learned Judge of the High Court Division and dismiss the suit. The appeal is allowed and without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 150. ......492 of 1991 (Dhaka). Judgment AM Mahmudur Rahman J.- This appeal by leave at the instance of the defendant appellant, is against the judgment and order dated July 25, 1995 of a learned Single Judge of the High Court Division passed in Civil Revision No. 410 of 1984 (Rangpur)/Civil Revision N..Category: Tenancy Law | Date: | Hits: 62
Rear Admiral AA Mustafa Vs. Bangladesh, 1999, 28 CLC (AD)
....h allegation. 9. For the aforesaid reasons we do no find any ground for review. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 146. ......h allegation. 9. For the aforesaid reasons we do no find any ground for review. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 146. ......nd lack of adequate precautionary measures and fixed up responsibilities. To complete the enquiry in respect of the Chief of Air Staff and the Chief of Naval Staff, a Commission of Inquiry with two Judges of the Supreme Court was then constituted. The Commission submitted its report in which it ..Category: Employment/Service Law | Date: | Hits: 89
....hority passes an order on a competent appeal.
We therefore find no ground for ultimate interference. The petition is dismissed.
Ed.
This Case is also Reported in: 51 DLR (AD) (1999) 144.
......hority passes an order on a competent appeal.
We therefore find no ground for ultimate interference. The petition is dismissed.
Ed.
This Case is also Reported in: 51 DLR (AD) (1999) 144.
......-77 in Bogra Cantonment under the Commandant of School of Armour and Centre. He was dismissed from service on 22-4-87. On 29-6- 87, he filed a civil suit for declaration in the 1st Court of Assistant Judge, Bogra which however, he withdrew on 3-5-88 on better advice. Then on 24-5-88 he preferred an ..
Category: Employment/Service Law | Date: | Hits: 83
State Vs. Md. Minhazuddin Khan, 1999, 28 CLC (AD)
....nd acquitting thereby the accused-respondent Md. Minhazuddin Khan of the charges as leveled against him after setting aside the judgment and order of conviction dated 18-2-93 passed by the learned Divisional Special Judge in Special Case No. 55 of 1984 convicting the said respondent under sectio......ng thereby the accused-respondent Md. Minhazuddin Khan of the charges as leveled against him after setting aside the judgment and order of conviction dated 18-2-93 passed by the learned Divisional Special Judge in Special Case No. 55 of 1984 convicting the said respondent under section 409 of th......by the accused-respondent Md. Minhazuddin Khan of the charges as leveled against him after setting aside the judgment and order of conviction dated 18-2-93 passed by the learned Divisional Special Judge in Special Case No. 55 of 1984 convicting the said respondent under section 409 of the Penal ..Category: Criminal Law | Date: | Hits: 59
Managing Director, Janata Bank Vs. Md. Bazlur Rahman and others, 1997, 26 CLC (AD)
....In the face of such finding of fact we do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 141; 50 DLR (AD)(1998) 17. ......In the face of such finding of fact we do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 141; 50 DLR (AD)(1998) 17. ......etitioner-Janata Bank at Bhurungamari Branch was terminated from service by order dated 17-8-81 passed by the Regional Manager, Gaibandha. He filed Title Suit No. 16 of 1987 in the Court of Assistant Judge of the then Chilmari Upazila for a declaration that the order of termination was illegal and f..Category: Employment/Service Law | Date: | Hits: 98
Nurul Haque (Md.) and another Vs. Government of Bangladesh, 1999, 28 CLC (AD)
....gement being not a law cannot be said to be illegal and unconstitutional. These petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 140. ......gement being not a law cannot be said to be illegal and unconstitutional. These petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 140. ...... The Constitution of Bangladesh, 1972 Article 102 The Public Servant (Retirement) Act, 1974. Petitioners having accepted the benefit cannot now term the same as illegal. The learned Judges of the High Court Division in exercising their writ jurisdiction, which is a discretionary r..Category: Employment/Service Law | Date: | Hits: 85
Emran Hossain Vs. State, 1999, 28 CLC (AD)
....n jail for a long time. If the trial is not concluded within a reasonable time then the petitioner can always pray for bail in the appropriate court. The petition is dismissed. Ed. ......fur Rahman: In Criminal Appeal No. 149 of 1998, a Division Bench of the High Court Division by its judgment and order dated 15-2-98 refused the prayer for bail of the accused-petitioner in pending Special Tribunal Case No. 290 of 1996 before the Court of 4th Additional Sessions Judge and Special...... Division by its judgment and order dated 15-2-98 refused the prayer for bail of the accused-petitioner in pending Special Tribunal Case No. 290 of 1996 before the Court of 4th Additional Sessions Judge and Special Tribunal No. 2 (In charge), Brahmanbaria under section 19A (f) of the Arms Act re..Category: Criminal Law | Date: | Hits: 66
Latifur Rahman alias Arju and another Vs. State, 1999, 28 CLC (AD)
....rcumstances. 6. We therefore do not find any substance in this petition. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 120. ......sion Bench of the High Court Division in Criminal Appeal No. 2159 of 1995 with Jail Appeal No. 91 of 1996, dismissing the same and thereby affirming the judgment and order dated 15-10-95 passed by Special Tribunal No.4 and Additional Sessions Judge, 3rd Court, Dhaka in Special Tribunal Case No. ......inal Appeal No. 2159 of 1995 with Jail Appeal No. 91 of 1996, dismissing the same and thereby affirming the judgment and order dated 15-10-95 passed by Special Tribunal No.4 and Additional Sessions Judge, 3rd Court, Dhaka in Special Tribunal Case No. 433 of 1992 arising out of Demra PS Case No. 9..Category: Criminal Law | Date: | Hits: 54
....l of Other Suit No. 68 of 1992 is illegal and not called for in the facts of the present case.
Both the petitions are dismissed.
Ed.
This Case is also Reported in: 51 DLR (AD) (1999) 116.
......l of Other Suit No. 68 of 1992 is illegal and not called for in the facts of the present case.
Both the petitions are dismissed.
Ed.
This Case is also Reported in: 51 DLR (AD) (1999) 116.
......…………………Respondents
Judgment
February 25, 1998.
Result:
Both the petitions are dismissed.
The Code of Civil Procedure, 1908 (V of 1908) Order XXI, rule 90
The learned Judges of the High Court Division correctly held that auction sale having taken place and the sale h..
Category: Property Law | Date: | Hits: 85
Government of Bangladesh and Ors Vs. Mohammad Faruque, 1999, 28 CLC (AD)
....other points need not be decided by us. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 112. ......other points need not be decided by us. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 112. ......other points need not be decided by us. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 112. ..Category: Employment/Service Law | Date: | Hits: 68
State, rep. by the Solicitor, Govt. of Bangladesh Vs. Giasuddin and others, 1999, 28 CLC (AD)
....t on the subordinate judiciary in disposing of criminal justice in Bangladesh. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 103. ......t on the subordinate judiciary in disposing of criminal justice in Bangladesh. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 103. ......bsp; Mustafa Kamal J.- 41 accused persons, including accused-respondent Nos. 1-6, were tried under sections 148/302/149 of the Penal Code by the learned Additional Sessions Judge, Kishoreganj in Sessions Case No. 21 of 1987. By judgment and order dated 4-2-89 accused-res..Category: Criminal Law | Date: | Hits: 80
Elias(Md) Vs. Jesmin Sultana, 1999, 28 CLC (AD)
....the mind of the Subordinate Courts and the people at large. With these observations, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 99. ......the mind of the Subordinate Courts and the people at large. With these observations, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 99. ......91 of 1995). Judgment ATM Afzal CJ.- This petition by the defendant-husband which arises out of a Family Suit, No.35 of 1993, of the Court of Assistant Judge and Family Court, Mirsarai, Chittagong for prompt dower and maintenance allowance filed by th..Category: Family Law | Date: | Hits: 158
Bangladesh Shilpa Rin Sangstha Vs. Azir Uddin Chowdhury, 1998, 27 CLC (AD)
....t all relevant considerations in such a matter. Consequently, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 96, 18 BLD (AD) 144.......t all relevant considerations in such a matter. Consequently, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 96, 18 BLD (AD) 144.......998. Result: The appeal is allowed. The Bangladesh Shilpa Rin Sangstha Order, 1971 (President's Order No. 128 of 1972) Articles 33, 34 & 35 It is palpably clear that the learned trial Judge as well as the learned Judges of the High Court Division acted illegally and without jurisdict..Category: Business or Commercial Law | Date: | Hits: 124
GM, Jamuna Oil Company Ltd. Vs. Chairman, Labour Court, Chittagong Div. & ors, 1999, 28 CLC (AD)
....e 4 of the Rules. For the reasons stated above both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 91. ......e 4 of the Rules. For the reasons stated above both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 91. ......om the date of filing of these two cases. This judgment of the Labour Court was challenged before the High Court Division by the appellant- company by the aforesaid two writ petitions. The learned Judges of the High Court Division by a common judgment affirmed the judgment of the Labour Court w..Category: Labour and Industrial Law | Date: | Hits: 134
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