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Ziauddin Ahmed and others Vs. Arab Bangladesh Bank and others, 2001, 30 CLC (AD)

....   Md. Golam Rabbani J   Md. Ruhul Amin J   Ziauddin Ahmed and others..............Appellants   Vs.   Arab Bangladesh Bank and others.............Respondents    Judgment   ......he said amount to defendant No. 1. After filing the aforesaid suit the plaintiffs filed a petition under Order 39 rule 1 and section 151 of the Code of Civil a Procedure. The trial Court granted ad interim injunction and after hearing the parties restrained the defendant-banks by an ad interim or......cate-on-Record—For Respondent No.2.   Ex parte—Respondent Nos. 3 & 4.   Civil Appeal No. 26 of 1999.   (From the judgment and order dated 7 December 1998 passed by the Hi Court Division Dhaka in First Miscellaneous Appeal No.......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)

....udhury 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......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. ...... Mahinudul Islam, Attorney-General, instructed by Sufia Khatun, Advocate-on-Record—For the Respondents. Civil Appeal Nos. 503 and 508 of 1997.   (From the Judgment and order dated 10 April 1997 passed by the High Court Division in Writ Petition Nos. 452 and 564 of 19......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)

....olam Rabbani J   Md. Ruhul Amin J   Habibur Rahman Khan (Md)...................................... Petitioner   Vs.   Bangladesh, represented by the Secretary & other....... Respondents   Judgment ......iculation Certificate.   5.  The submission for leave has no merit.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 105. ......;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). ......iculation Certificate.   5.  The submission for leave has no merit.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 105. ..

Category: Employment/Service Law | Date: | Hits: 71

Abdul Mannan Miah Vs. Solaiman Miah (Md), 2001, 30 CLC (AD)

....V of 1908), Order XXXIX, Rule 1   Whatever the High Court Division has observed will have no binding affect on the trial Court while disposing of the suit on merit as these were made while disposing of the interlocutory matter……(6)   Lawyers Involv......erlocutory matter.   With this observation this petition is disposed of.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 104. ......nbsp;                   Mahmudul Amin Choudhury CJ.- This petition for leave to appeal is against judgment and order dated 13-12-2000 passed by a Single Bench of the High Court Division in FMA No.321 of 2000b d......erlocutory matter.   With this observation this petition is disposed of.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 104. ..

Category: Intellectual Property Law | Date: | Hits: 224

Abdul Khaleque Vs. State, 2001, 30 CLC (AD)

....n, Accordingly, when a sale deed was being prepared on 17-4-90 police came to the spot and the accused persons fled away. An UD case was registered with police station on 17-4-90. Inquest of the dead body was held on that date at 5-00 PM. Thereafter, the dead body was sent to the morgue and a me......ble doubt at the trial and appeal.   The petition is therefore dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 102.   ......-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). ......ble doubt at the trial and appeal.   The petition is therefore dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 102.   ..

Category: Criminal Law | Date: | Hits: 67

Abul Fazal (Md) alias Abul Fazal alias Badal and another Vs. State, 2001, 30 CLC (AD)

.... Choudhury 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. ......ash;For the Petitioners.   Not represented- The Respondent.   Criminal Petition for Leave to Appeal No. 252 of 2000.   (From the judgment and order dated 23-10-2000 passed by the High Court Division in Criminal Miscellaneous Case No. 6196 of......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)

....p;                             Government of Bangladesh and others............................. Petitioners   Vs.   .......   We accordingly dismiss the petition, the delay having been condoned.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 99. ......the Respondent No.1.   Not represented—Respondent No. 2.   Civil Petition for Leave to Appeal No. 467 of 1996.   (From the judgment and order dated 8 July 1996 passed by the High Court Division in Writ Petition No. 1093 of 1989). .......   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)

.... others......................................... Respondents   Judgment   May 30, 2001.   The Constitution of Bangladesh, 1972, Article 102   The Union Parishad (Election) Rules, 1983, Rules 39(4)......ent and order of the Court Division is set aside and the writ is recalled.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 93. ......by the High Court Division in Writ Petition No.106 of 1998).   Judgment   M Ruhul Amin J.- This is a respondent’s appeal, by leave, from the judgment and order dated 6th January, 1999 passed by a Division Bench of the High Court Division in Writ Petitio......ent and order of the Court Division is set aside and the writ is recalled.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 93. ..

Category: Election Law | Date: | Hits: 124

Sultana Jute Mills Ltd. Vs. Court of Subordinate Judge and Artha Rin Adalat & others, 2001, 30 CLC (AD)

.... Vs. Court of Subordinate Judge and Artha Rin Adalat and others.................. 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 ......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. ......ate, instructed Sharifuddin Chaklade, Advocate-on-Record—For the Petitioner Not represented—the Respondents. Civil Petition for Leave to Appeal No. 973 of 1999. (From the judgment and order dated 29-6-1999 passed the High Court Division in WP No. 1862 of 1997). Judgment M Am......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. ..

Category: Civil Law | Date: | Hits: 109

Shahanara Khatun and other Vs. Abu Taleb Pramanik and others, 2001, 30 CLC (AD)

....;                 January 14, 2001.   The Constitution of Bangladesh, 1972, Article 103   The miscellaneous case was filed to delay the disposa......ned judgment.   Accordingly, the petition is dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 90. ......dash;For Respondent No.1.   Not represented—Respondent Nos. 2-9.   Civil Petition for Leave to Appeal No. 771   (From the Judgment and order dated 11-5-2000 passed by the High Court Division, Dhaka in Civil Revision No. 52 of 2000). ......ned judgment.   Accordingly, the petition is dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 90. ..

Category: Property Law | Date: | Hits: 51

Hefazetur Rahman Vs. Kazi Anowar Hossain and others, 2001, 30 CLC (AD)

....ar Hossain and others......................Respondents   Judgment   February 22, 2001.   The Constitution of Bangladesh, 1972, Article 105   The petitioner intends a re-hearing of whole matter w......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.  ......cord—For Respondent No.1.   Not represented—Respondent Nos. 2-5.   Civil Review Petition No. 33 of 2000.   (From the judgment and order dated 25-4-2000 passed by this Division in Civil Petition for Leave to Appeal No. 1218 of 199......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

Abu Taher Vs. Nur Muhammad and others, 2001, 30 CLC (AD)

....p;               Abu Taher......................... Petitioner   Vs.   Nur Muhammad and others....................Respondents   Judgment   Jan......e register of the company.   The petition is dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 88. ......;Respondent No. 1.   Not represented—Respondent Nos. 2-5.   Civil Petition for Leave to Appeal No. 394 of 1996   (From the Judgment and order dated 31-01-1995 passed by the High Court Division, Dhaka in Matter No. 34 of 1990). &......e register of the company.   The petition is dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 88. ..

Category: Business or Commercial Law | Date: | Hits: 97

Hasan Azam and others Vs. Rabeya Khatun and others, 2001, 30 CLC (AD)

....earned judge of the single bench rightly set aside the ex-parte judgment on the grounds of i) prevented by sufficient cause from appearing at the time of hearing and ii) for absence of the learned advocate. There is nothing to interfere.   Lawyers Involved:   ......f no substance.   The petition is dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 87. ......;For the Petitioners.   Not represented—The Respondents.   Civil Petition for Leave to Appeal No. 422 of 2000.   (From the judgment and order dated 27-7-1999 passed by the High Court Division in Civil Revision No. 4192 of 1997). ......f no substance.   The petition is dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 87. ..

Category: Procedural Law | Date: | Hits: 104

Syed Al Nesar Ahmed, MD, United Food Complex Ltd. Vs. Nafisa Choudhury and others, 2001, 30 CLC (AD)

....ticles of association, committed no illegality by passing the order……(9)   Lawyers Involved:   AFM Hasan Arif, Advocate, instructed by Sharifuddin Chakiader, Advocate-on-Record-—For the Petitioner   Moudud Ahmed, Senior Advocat...... interference.   The petition is, therefore, dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 83. ......   The Companies Act, 1994 has given wider power to the Court under section 233 for the protection of the interest of the minority share holders. The High Court Division passing the order directing the respondent company to take necessary action to conduct the company’s affa...... interference.   The petition is, therefore, dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 83. ..

Category: Business or Commercial Law | Date: | Hits: 95

Abdul Khaleque Gazi and others Vs. Abdul Aziz Mollah and others, 2001, 30 CLC (AD)

....ule upholding order dated 10-5-1999 passed by the learned Assistant Judge, Assasuni, Satkhira in Title Suit No.173 of 1998 allowing amendment of the plaint.   2. The short fact leading to this petition is that the plaintiff filed Title Suit No. 173 of 1998 for permanent injunc......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. ......1.   The Code of Civil Procedure, 1908 (V of 1908), Order VI rule 17   Amendment allowed as per direction of the appellate court in order to prove shalish-nama which was the basis of the plaintiffs claim has been done in accordance......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. ..

Category: Procedural Law | Date: | Hits: 82

State Vs. Abu Musa @ Musaya @Shapir Bap & ors, 2001, 30 CLC (AD)

....Bap & ors.......................... Respondents   Judgment   April 4, 2001.   The Constitution of Bangladesh, 1972, Article 103   The Penal Code, 1860 (XLV of 1860), Section 396 ......ed persons.   This leave petition is accordingly, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 81.  ......er.   Not represented—For the Respondents.   Criminal Petition for Leave to Appeal No. 96 of 1995.   (From the judgment and order dated 8-5-1995 passed by the High Court Division in Ref No. 5 of 1991 with Criminal Appeal No......ed persons.   This leave petition is accordingly, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 81.  ..

Category: Business or Commercial Law | Date: | Hits: 99

Rajdhani Unnayan Kartipakhya and another Vs. Mohshinul Islam and another, 2001, 30 CLC (AD)

....   Mahmudul Islam, Senior Advocate, (KM Saifuddin, Advocate with him) instructed by AKM Shahidul Huq, Advocate-on-Record—For the Appellants.   Abdul Wadud Bhuiyan, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For Respondent...... The appeal is dismissed without any order as to costs.   Ed.  This Case is also Reported in: 53 DLR (AD) (2001) 79.  ......dvocate-on-Record—For Respondent No.1.   Ex-parte-Respondent No. 2.   Civil Appeal No. 23 of 2000.   (From the judgment and order dated 9 June 1999 passed by the High Court Division in Writ Petition No. 1001 of 1993). ...... The appeal is dismissed without any order as to costs.   Ed.  This Case is also Reported in: 53 DLR (AD) (2001) 79.  ..

Category: Property Law | Date: | Hits: 56

Government of Bangladesh and others Vs. Abu Musa, 2001, 30 CLC (AD)

.... Mahmudul Amin Choudhury CJ   Mainur Reza Chowdhury J   Md. Gholam Rabbani J   Md. Ruhul Amin J   Government of Bangladesh and others.............. Appellants   Vs.   Abu Musa.......issued in the said Writ Petition stands discharged.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 77.   ......102   Only that person is entitled to get a show cause notice from whose custody the goods in question is seized. The goods being seized from an abandoned truck and therefore the order of confiscating the goods in the absence of the show-cause notice under the section could no......issued in the said Writ Petition stands discharged.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 77.   ..

Category: Business or Commercial Law | Date: | Hits: 99

Motasim Ali Chowdhury Vs. Md. Ismail, 2001, 30 CLC (AD)

.... Judgment   December 10, 1996.   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 det...... appeal. Accordingly, it is dismissed with cost.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 74.   ......                   Md. Abdur Rouf J.- This appeal, following leave, by the plaintiff is from the judgment and order dated 13-1-93 passed by a Single Bench of the High Co Division in Civil Revision No.826 of 1...... 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)

....sp;                                Bangladesh Bank and others.......... Petitioners   Vs.   Zafar Ahm......Suit No. 210 of 1999 in the 4th Court of Assistant Judge, Dhaka which was subsequently renumbered as Title Suit No. 81 of 2000 of the First Court of Assistant Judge, Dhaka wherein he obtained an ad interim order of injunction restraining the present respondent and 4 others from interfering with ......The Code of Civil Procedure 1908 (V of 1908), Order XXXIX rules 1 & 2   The Bank Companies Act 1991 (XIV of 1991), Section 46   A person who is aware of an order of the Court is bound to obey the same even though he was not a party to that when it affects......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