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Abu Siddique and anr Vs. Government of the People’s Republic of Bangladesh, 2002, 31 CLC (AD)

.... Accordingly, the petitions are dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 154. ......ccordingly, the petitions are dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 154. ......y, the petitions are dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 154. ......nbsp;                      Vs. Government of the People’s Republic of Bangladesh represented by the Secretary, Ministry of Defence & ors ……….Res..

Category: Criminal Law | Date: | Hits: 58

Bangladesh and others Vs. Dr. Shamima Sultana Rita, 2002, 31 CLC (AD)

....y face illegal. He further submits that the case diary of any case is a secret document which cannot be made public by swearing an affidavit by the Investigating Officer as directed by the learned Judges of the High Court Division. It is contended that in case of necessity a competent Court may ......peal has become infructuous and accordingly, dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 151.  ......become infructuous and accordingly, dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 151.  ......   Present:   Mahmudul Amin Choudhury CJ   Md. Ruhul Amin J   KM Hassan J    Bangladesh and others.…………..Petitioners   Vs. ..

Category: Criminal Law | Date: | Hits: 65

Giasuddin and another Vs. State, 2002, 31 CLC (AD)

.... Death Reference No. 6 of 1994 upholding the conviction and sentence of petitioners Giasuddin and Jamal Uddin alias Abullah under sections 302/34 of the Penal Code. The learned Additional Sessions Judge. Noakhali in Sessions Case No. 26 of 1992 found these two petitioners guilty of the offence p......   There is no merit in this petition and the same accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 146. ......   There is no merit in this petition and the same accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 146. ......on.   There is no merit in this petition and the same accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 146. ..

Category: Criminal Law | Date: | Hits: 47

Hiran Chandra Dey and anothers Vs. Md. Abdul Quyum and others, 2002, 31 CLC (AD)

....ch of the High Court Division making the Rules absolute obtained in Civil Revision Nos. 10141 and 10189 of 1991 against the judgment and order dated 29th June, 1988 of the 2nd Court of Subordinate Judge, Sylhet in Miscellaneous appeal No. 95 of 1985 and Miscellaneous Appeal No. 94 of 1985 revers...... are allowed.   There is no order as to cost.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 126.  ......wed.   There is no order as to cost.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 126.  ......ame are allowed.   There is no order as to cost.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 126.  ..

Category: Property Law | Date: | Hits: 55

Kazi Shahjahan (Md) and another Vs. Md. Khalilur Rahman Madbar and others, 2002, 31 CLC (AD)

....s that the opposite party No.1 preemptor filed Miscellaneous Case No. 8 of 1998 for pre-emption of the case land under section 24 of the Non-Agricultural Tenancy Act in the court of the Subordinate Judge, Patuakhali alleging that he is a co-sharer in the case land and is entitled to preemption. ...... no merit in this petition and the same is accordingly dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 125.  ...... in this petition and the same is accordingly dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 125.  ...... is no merit in this petition and the same is accordingly dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 125.  ..

Category: Property Law | Date: | Hits: 49

Bangladesh Road Transport Corporation and another Vs. Md. Shahidullah, 2002, 31 CLC (AD)

....ing for the Bangladesh Road Transport Corporation- petitioner, submits that the order passed under Regulation 55(2) of Service Regulations 1990 is a termination simpliciter and as such the learned Judges of the High Court Division erred in law in holding the same to be mala fide one. &nb......eported decision.   The petition is dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 124.  ......ecision.   The petition is dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 124.  ......p;                           Bangladesh Road Transport Corporation and another……….. Petitioners &nb..

Category: Employment/Service Law | Date: | Hits: 75

Government of Bangladesh and others Vs. Md. Sharfuddin Mollah, 2002, 31 CLC (AD)

.... The order of dismissal in respect of the respondent is maintained.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 120.  ......he order of dismissal in respect of the respondent is maintained.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 120.  ......of dismissal in respect of the respondent is maintained.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 120.  ......   Abu Sayeed Ahammed J                         Government of Bangladesh and others. .........................Appellant   Vs.   ..

Category: Administrative Law | Date: | Hits: 116

Director, Housing and Building Research Institute Vs. Darus-Salam Co-operative Housing Society Ltd. and others, 2002, 31 CLC (AD)

....f the Society and started construction of building. 9. The Society having failed to dissuade BRI from proceeding with the construction filed Title Suit No. 187 of 1962 in the Court of Subordinate Judge, Dhaka on 24th December, 1962 seeking declaration of title with the prayer for injunction rest......evicted, in writ jurisdiction which is not permitted. In the result the appeals are allowed. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 111. ...... in writ jurisdiction which is not permitted. In the result the appeals are allowed. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 111. ...........Appellant Vs. Darus-Salam Co-operative Housing Society Ltd. and others........Respondent Judgment March 17, 2002. Result: The appeals are allowed. The Constitution of Bangladesh, 1972, Article 102 Matter seriously contentiuns in nature requiring adjudication on ..

Category: Property Law | Date: | Hits: 54

Jitendra Nath Mistry Vs. Abdul Malek Howlader and ors., 2002, 31 CLC (AD)

....in Civil Revision No. 2783 of 199 l(Dhaka)/Civil Revision No. 86 of 1987 (Barisal) making the Rule absolute upon setting aside the judgment and decree dated 18th May, 1986 of the Court of District Judge, Jhalakathi in Title Appeal No. 83 of 1985 so far the same relates to the property in item No......ssed.   There is no order as to costs.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 106.  ......   There is no order as to costs.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 106.  ......smissed.   There is no order as to costs.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 106.  ..

Category: Property Law | Date: | Hits: 47

Delower Hossain Khan Vs. State, 2002, 31 CLC (AD)

....00 by a Division Bench of the High Court Division dismissing the Criminal Appeal No. 1253 of 1997 preferred against the judgment and order dated 25th June. 1997 of the Court of Additional Sessions Judge, Jhalokati in Sessions Case No. 14 of 1991 convicting the petitioner under sections 302/34 of......ce in the petition. Accordingly, the same is dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 101.  ...... petition. Accordingly, the same is dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 101.  ......abibur Rahman and by the nephew (PW 12) of the victims by the light of torch and hurricane.   5. Victims’ brother Saidur Rahman, who at the relevant time was serving in Bangladesh Rifles at Dhaka, was informed by his nephew over telephone on 14th May, 1989 about the i..

Category: Criminal Law | Date: | Hits: 76

Government of Bangladesh and others Vs. Bibi Marium and other, 2002, 31 CLC (AD)

....ause delay to the prejudice to the parties.   The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 100.  ......e delay to the prejudice to the parties.   The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 100.  ......o the prejudice to the parties.   The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 100.  ......Mainur Reza Chowdhury J   Md. Gholam Rabbani J    Md. Ruhul Amin J Md. Fazlul Karim J    Government of Bangladesh and others ............................Petitioners   Vs. ..

Category: Property Law | Date: | Hits: 46

Mahbubur Rahman and others Vs. Taslimuddin Ahmad and others, 2002, 31 CLC (AD)

.... 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.  ...... 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.  ......he 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.  ......dents      Judgment          August 8, 1999.   The Bangladesh Civil Service Seniority Rules, 1983, Rule 3   The case filed before t..

Category: Administrative Law | Date: | Hits: 91

Government of the People’s Republic of Bangladesh Vs. SM Fariduddin, 2002, 31 CLC (AD)

....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. ....... 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. ......d 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. ......  Mainur Reza Chowdhury J   Md. Ruhul Amin J   Md. Fazlul Karim J     Government of the People’s Republic of Bangladesh........................Petitioner   Vs.   SM Faridu..

Category: Employment/Service Law | Date: | Hits: 57

Santosh Kumar Das Vs. Hajee Badiur Rahman, 2002, 31 CLC (AD)

....f the opposite party dismissed.” 4. Thereafter, leave was granted to consider that “Mr. Mustafa Niaz Muhammad, learned Advocate appearing for the appellant, submits that the learned Single Judge of the High Court Division erred in law in not finding that in either view of the matter i.e.,......etting 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. ......side 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. ......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)

....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. ......e 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. ......ourt 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. ......itioner 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 serious..

Category: Others | Date: | Hits: 130

Abdur Rashid (Md) and others Vs. Bainchitala Junior High School, 2002, 31 CLC (AD)

....2nd March, 1997 of the High Court Division in Civil Revision No. 1751 of 1995 discharging the Rule which was obtained the against the order No. 15 dated 22nd February, 1995 of the learned District Judge, Jhenaidha in Miscellaneous Appeal No. 54 of 1985 allowing an application under Order 1 rule ......ent 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.  ......e High Court Division in any respect.   Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 80.  ......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)

....998 passed by a Division Bench of the High Court Division in Criminal Appeal No. 850 of 1992 dismissing the appeal and affirming the order of conviction and sentence passed by the learned Sessions Judge, Sherpur in Sessions Case No.11 of 1991 wherein the petitioner was found guilty of the charge......sp; 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. ...... 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. ......  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)

....and order should be avoided as far as possible and even the Privy Council in some cases observed that indiscriminate order of remand tantamounts to shirking the responsibility.” 19. The learned Judges of the High Court Division have not exercised there discretion judicially in remanding the su......ispose 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. ......f 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. ......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)

....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.  ...... 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.  ......s 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.  ...... suit……(15)  Cases Referred to- Kanshi Ram vs Hindustan National Bank Ltd. AIR 1928 Lahore 376; Janata Bank vs Ahanadia Garments 40 DLR 72; Unimarine SA Panama vs Bangladesh 31 DLR (AD) 112. Lawyers Involved: Dr. M Zahir Senior Advocate, instruc..

Category: Civil Law | Date: | Hits: 115

Abul Hossain Vs. Jahiruddin and others, 2002, 31 CLC (AD)

....   The review petition is accordingly, dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 69.  ......   The review petition is accordingly, dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 69.  ...... The review petition is accordingly, dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 69.  ......   The review petition is accordingly, dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 69.  ..

Category: Property Law | Date: | Hits: 43