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Mahbubur Rahman and others Vs. Taslimuddin Ahmad and others, 2002, 31 CLC (AD)
.... Mahmudul Amin Choudhury J Mahbubur Rahman and others................ Appellants Vs. Taslimuddin Ahmad and others............... Respondents Judgment ...... For the reasons stated above, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 97. ......ivil Service Seniority Rules, 1983, Rule 3 The case filed before the Administrative Tribunal was not maintainable in law as necessary parties who were adversely affected by the order were not brought before the court in accordance with law.........(10) La...... For the reasons stated above, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 97. ..Category: Administrative Law | Date: | Hits: 91
Government of the People’s Republic of Bangladesh Vs. SM Fariduddin, 2002, 31 CLC (AD)
....; Mainur Reza Chowdhury J Md. Ruhul Amin J Md. Fazlul Karim J Government of the People’s Republic of Bangladesh........................Petitioner Vs. SM Fariduddin ......Nos. 4165 and 4380 of 2000 respectively are hereby set aside and the writ petitions are found to be not maintainable. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 95. ......; Administrative Tribunal having no authority to pass an order of stay of transfer, the High Court Division also cannot exercise such power……(......Nos. 4165 and 4380 of 2000 respectively are hereby set aside and the writ petitions are found to be not maintainable. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 95. ..Category: Employment/Service Law | Date: | Hits: 57
Santosh Kumar Das Vs. Hajee Badiur Rahman, 2002, 31 CLC (AD)
.... Mainur Reza Chowdhury J Md. Gholam Rabbani J Md. Ruhul Amin J Md. Fazlul Karim J Santosh Kumar Das .............. Appellant Vs. Hajee Badiur Rahman......................Respondent Judgment October 31, 2001. ......setting aside the impugned judgment of the High Court Division and restoring those of the Courts below decreeing the suit. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 93. ......ne months notice to the 1st party in case he wants to vacate the premises close the 2nd party shall be liable to pay rent in lieu of notice.” The aforesaid clause speaks for one month’s notice in order to terminate the tenancy. 8. In the instant case pursuant to clause (4) above a notic......setting aside the impugned judgment of the High Court Division and restoring those of the Courts below decreeing the suit. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 93. ..Category: Tenancy Law | Date: | Hits: 76
Hyundai Corporation Vs. Sumikin Bussan Corporation & others, 2001, 30 CLC (AD)
....er Vs. Sumikin Bussan Corporation & others...........................Respondents Judgment December 4, 2001. Result: The petition is dismissed. The Constitution of Bangladesh, 1972, Articles &102 Since question of financial interest of the State is seriously in......he High Court Division. In aforestated view of the matter this petition is dismissed with the observations made hereinbefore. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 88. ...... Not Represented — Respondents Nos. 2-9. Civil Petition for Leave to Appeal No. 1771 of 2001. Judgment Md. Ruhul Amin J.- This leave petition has been Field against the judgment and order of 4th June, 2001 by a division Bench of the High Court Division in Writ Petition No. 7 of 200......he High Court Division. In aforestated view of the matter this petition is dismissed with the observations made hereinbefore. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 88. ..Category: Others | Date: | Hits: 130
Abdur Rashid (Md) and others Vs. Bainchitala Junior High School, 2002, 31 CLC (AD)
.... within the ambit of legal representative as contemplated in rule 4 or Order XXII of the Code. Even if the facts as stated by the petitioners in assertion of their right to be added as parties (appellants) in the appeal were taken to be correct “then also they cannot b......dgment of the High Court Division in any respect. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 80. ......nbsp; Md. Ruhul Amin J.- This petition for leave to appeal has been preferred against the judgment and order dated 2nd March, 1997 of the High Court Division in Civil Revision No. 1751 of 1995 discharg......dgment of the High Court Division in any respect. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 80. ..Category: Property Law | Date: | Hits: 63
Ilias Hussain (Md) Vs. State, 2002, 31 CLC (AD)
....Case No.11 of 1991 wherein the petitioner was found guilty of the charge under section 302 of the Penal Code and sentenced to suffer imprisonment for life. 2. The short fact leading to this petition is that on 6-10-1989 one Dainus Ali lodged an unnatural death case with Sher...... There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 78. ......e Petitioner Not represented—The Respondent. Criminal Petition for Leave to Appeal No.101 of 1998. (From the judgment and order dated 21st Jan 1998 passed by the High Court Division in Criminal Appeal No. 850 of 199...... There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 78. ..Category: Criminal Law | Date: | Hits: 52
Akitullah and others Vs. Zafala Begum and others, 2002, 31 CLC (AD)
....LR (AD) (2002) 74. ......dispose of the First Appeal No. 100 of 1995 arising out of Suit No. 185 of 1988 in accordance with law expeditiously as possible. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 74. ......rd—For the Appellants. Mahbubey Alam, Senior Advocate, instructed by Chowdhury Md Zahangir Advocate-on- Record—For the Respondents. Civil Appeal No. 94 of 2000. (From the judgment and order dated 19th May 1999 passed by the High Court Division in Memorandum of Appeal from Original De......dispose of the First Appeal No. 100 of 1995 arising out of Suit No. 185 of 1988 in accordance with law expeditiously as possible. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 74. ..Category: Procedural Law | Date: | Hits: 114
Gooryonly (BD) Textile Ltd. Vs. Chartkar Information Holding Ltd. and ors., 2002, 31 CLC (AD)
....(2002) 70; 22 BLD (AD) 2002, 89. ......lied, sub-standard quality and damaged fabric. The petitioner filed an application for attachment before judgment under Order XXXVIII rule 5 of the Code of Civil Procedure whereupon an order of ad interim attachment was made and upon hearing the respondent Nos. 3-5 the order was made absolute at......squarely come within the provision of Order XXXVIII rule 5 for attachment before judgment for which the Court could issue notice asking for furnishing security or for attachment before judgment in order to satisfy any possible decree that may be passed in the suit……(15) ......dit in this suit concerning dispute between the buyer and seller. The petition dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 70; 22 BLD (AD) 2002, 89. ..Category: Civil Law | Date: | Hits: 115
Abul Hossain Vs. Jahiruddin and others, 2002, 31 CLC (AD)
.... Md. Fazlul Karim J.- This review petition is directed against the judgment and order dated 1-8- 1999 in Civil Petition No.7 18 of 1999 of this Division, for the reasons that Gurupada Das Bairagi cannot be connected in any way with the real owner of the property Kamini Kumar Ch...... The review petition is accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 69. ......espondent Nos. 2 and 3. Not represented—Respondent Nos. 1, 4-7. Civil Review Petition No. 50 of 1999. (From the judgment and order dated 1st August, l999 passed by the Appellate Division in Civil Petition of No. 1999). ...... The review petition is accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 69. ..Category: Property Law | Date: | Hits: 43
Bangabir Kader Siddiqui, Bir Uttam Vs. Government of Bangladesh, 2002, 31 CLC (AD)
.... Mahmudul Amin Chowdhury J Kazi Ebadul Hoque J &nbs......ereafter, the petitioner served a demand of justice notice which having not been heeded to moved the High Court Division and obtained the Rule in the aforesaid writ petition and also obtained an ad interim order restraining the respondent Nos. 3-5 from conducting any inquiry into the matter pendi......torney-General instructed by Sufia Khatun, Advocate-on-Record—For Respondents. Civil Petition for Leave to Appeal No. 586 of 2000. (From judgment and order dated 22-2-2000 passed by a Division Bench of the High Court Division in Writ Petition No. 45....... There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 64. ..Category: Election Law | Date: | Hits: 158
State Vs. Monu Miah and others, 2001, 30 CLC (AD)
....o the great prejudice of the accused….(10) Cases Referred to- Mizazul Islam @ Dablu vs. State. 41 DLR (AD) 151, Shamsuddin Sarker vs. The State, 11 DLR (SC) 365, Mahmood vs. State of Uttar Pradesh, AIR 1976 (SC) 6. Lawyers Involved: Mahbubey Alam, Additional Attorney-General instructe......ral also could not point out any illegality or infirmity therein for our interference. Thus the petition is, accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 60. ......r Shaukat Ali Khan, Senior Advocate instructed Sharifuddin Chakiader, Advocate-on-Record— For the Respondents. Criminal Petition for Leave to Appeal No. 127 of 2001. (From the judgment and order dated 27th 2001 passed by the High Court Division in Death Reference No. 23 of 1997 with Crimi......ral also could not point out any illegality or infirmity therein for our interference. Thus the petition is, accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 60. ..Category: Criminal Law | Date: | Hits: 59
BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)
....nbsp; The Constitution of Bangladesh, 1972, Article 102 Petitioner cannot move the High Court Division under ......se appeals. Accordingly, the same are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 36. ...... Not Represented — Respondent Nos. 2-10 (In Civil Appeal No.193 of 2000). Civil Appeal Nos. 192 and 193 of 2000. (From the judgment and order dated 14-3-2000 passed by the High Court Division in Writ Petition No, 4938 of 1999). Ju......se appeals. Accordingly, the same are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 36. ..Category: Constitutional Law | Date: | Hits: 199
Government of Bangladesh Vs. Ramananda Sarker, 2002, 31 CLC (AD)
....fur Rahman CJ Bimalendu Bikash Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Government of Bangladesh……&...... wronged. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 35. ......he petitioner Not represented—The Respondents. Civil Petition for Leave to Appeal No. 715 of 1996. (From judgment and order dated 7 July 1996 passed by the High Court Division in Civil Revision No. 598 of 1990.) ...... wronged. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 35. ..Category: Procedural Law | Date: | Hits: 97
Syed Abu Hossain Arshad & ors Vs. BD Sugar and Food Industries Corpn and ors, 2002, 31 CLC (AD)
.... Syed Abu Hossain Arshad and others……..Petitioners Vs. Bangladesh......, facts and circumstances all the three leave petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 33. ......resented— Respondent Nos. 1 & 3. (In all the cases) Civil Petition for Leave to Appeal Nos. 1155, 1156 & 1157 of 1999. (From the judgment and order dated 15-7-1999 by the High Court Division in Writ Petition Nos. 6 to 1995). ......, facts and circumstances all the three leave petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 33. ..Category: Labour and Industrial Law | Date: | Hits: 115
State Vs. Abdul Barek and Others, 2001, 30 CLC (AD)
....he vital part of Bakul Bibi and as there was no evidence that he knew about the pregnancy of Bakul Bibi he committed an offence under section 304, part II of the Penal Code as because the respondent had neither any object of murdering anybody nor was there any such intention……………….(7) ...... respective bail bond and the warrant of arrest issued against respondent Nos. 4 and 5 are recalled and cancelled. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 28; 7 MLR (AD) 17. ......ention……………….(7) Lawyers Involved: B Hossain, Advocate-on-Record—For the Appellant. Ex-Parte—The Respondents. Criminal Appeal No.7 of 1993. (From the judgment and order dated 13-8-1991 passed by the High Court Division in Death Reference No.17 of 1990 and Crimina...... respective bail bond and the warrant of arrest issued against respondent Nos. 4 and 5 are recalled and cancelled. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 28; 7 MLR (AD) 17. ..Category: Criminal Law | Date: | Hits: 55
Ishaque (Md) Vs. Ekramul Huque Chowdhury and others, 2001, 30 CLC (AD)
....ndent Judgment December 1, 2001. The Evidence Act, 1872 (I of 1872), Section 73 Section 73 of the Evidence Act permits the Court to make a comparison of signature or writings and so adoption of such a method cannot be termed as hazardous or dangerous….....................(7) T......rfeiture. In view of the discussion as above the appeal fails. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in:54 DLR (AD) (2002) 26. ......l Islam, Senior Advocate instructed by Md Nowab Ali, Advocate-on-Record—For the Respondent No. 2. Ex-parte—The Respondent Nos. 1, 3-6. Civil Appeal No. 91 of 1994. (From the judgment and order dated 30-8-1998 passed by the High Court Division in Civil Revision No. 4480 of 1991). Judg......rfeiture. In view of the discussion as above the appeal fails. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in:54 DLR (AD) (2002) 26. ..Category: Tenancy Law | Date: | Hits: 70
Commissioner of Taxes, Dhaka (South) Zone, Dhaka Vs. Ujala Match Factory, 2002, 31 CLC (AD)
....uestion of earning profit for payment of bonus, does not arise……(5) Lawyers Involved: Dabiruddin Ahmed, Deputy Attorney-General instructed by Md. Sajjadul Huq, Advocate-on- Record For the Appellant (In all the cases). Md. N...... The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 23. ......bsp; Md. Nawab Ali, Advocate-on-Record — For the Respondent (In all the cases). Civil Appeal Nos.15, 16 and 17 of 1992. (From the judgment and order dated 2 June 1991 passed by the High Court Division in Reference Application Nos. 1, 2 and 3 ...... The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 23. ..Category: Fiscal/Taxation Law | Date: | Hits: 66
Akbar Hossain (Md) Vs. MD, Agrani Bank and others, 2002, 31 CLC (AD)
....d her condition serious. Petitioner sent application for leave for 4 months with a request to forward the same to the General Manager, Dhaka. But the Regional Manager did not forward the same instead brought charge on 14-6-1976 asking him to file explanation to the Enquiry Officer who as well as...... In view of the above, the petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 21. ......rd—For the Petitioner. Not represented—The Respondents. Civil Petition for Leave to Appeal No. 378 of 1999. (From the judgment and order dated 9th June, 1997 passed by the High Court Division in Civil Revision No. 3179 of 1993). ...... In view of the above, the petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 21. ..Category: Employment/Service Law | Date: | Hits: 83
Government of Bangladesh and other Vs. Nidhi Ram Moni and others, 2002, 31 CLC (AD)
....p; Government of Bangladesh and other…… Petitioners Vs. Nidhi Ram ......e High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 14. ......on-Record—For the Petitioners. Nor represented—The Respondents Civil Petition for Leave to Appeal No. 612 of 1996 (From the judgment and order dated 8th July, 1996 passed by the High Court Division in Writ Petition No. 362 of 1987). ......e High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 14. ..Category: Property Law | Date: | Hits: 43
Khairullah (Md) Vs. ADC (Revenue) and another, 2001, 30 CLC (AD)
.... Civil Revision No. 9006 of 1991 (Dhaka), Civil Revision No. 372 of 1989 (Rangpur) making the Rule absolute condoing the delay of 1302 days in filing connected Civil Revision. 2. The short fact leading to this petition is that the petitioner instituted Other Suit No. 193 of 1981 the Court of Sub...... Court Division in exercising the discretion. There is therefore no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 13. ...... Court) instructed by Md. Nawab Ali, Advocate-on-Record—For the Petitioner. Not represented—the Respondents. Civil Petition for Leave to Appeal No. 852 of 1997. (From the judgment and order dated 26-6-1997 passed by the High Court Division in Civil Revision No. 06 of 1991 (Dhaka), Ci...... Court Division in exercising the discretion. There is therefore no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 13. ..Category: Procedural Law | Date: | Hits: 121
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