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Abdus Sobhan Vs. Anwar Rahim & others, 2001, 30 CLC (AD)
....ate Court found to be illegal but the Court Division overlooked this aspect of the matter. It is also submitted that the appellate Court found that the plaintiff in collusion with the engaged lawyer of the defendant practiced fraud upon the trial Court when the learned Advocate for the defe......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 ......;For the Petitioner. Not represented—The Respondents. Civil Petition for Leave to Appeal No. 1244 of 1999. (From the judgment and order dated 31-5-1999 passed by the High Court Division in Civil Revision No. 4197of 1997). ..Category: Property Law | Date: | Hits: 74
Ziauddin Ahmed and others Vs. Arab Bangladesh Bank and others, 2001, 30 CLC (AD)
....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. ...... Latifur Rahman CJ Mainur Reza Chowdhury J Md. Golam Rabbani J Md. Ruhul Amin J Ziauddin Ahmed and others..............Appellants Vs. Arab Bangladesh Ban......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...Category: Civil Law | Date: | Hits: 112
Syed Abdur Rahim Vs. Secretary, Ministry of Works, Government of Bangladesh & ors, 2001, 30 CLC (AD)
....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. ...... 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...... 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..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).......;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). ..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 ......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..Category: Intellectual Property Law | Date: | Hits: 224
Abdul Khaleque Vs. State, 2001, 30 CLC (AD)
.... and sentence of the accused petitioner. The first ground was that in the first information report the time of death was stated at 8-30 PM while PW 4 and PW 5 who were respectively the daughter-in-law and minor son of the deceased deposed that Asia died at the time of Zohr prayer. Second ground w......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......-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). ..Category: Criminal Law | Date: | Hits: 67
Abul Fazal (Md) alias Abul Fazal alias Badal and another Vs. State, 2001, 30 CLC (AD)
.... Code of Criminal Procedure, 1898 (V of 1898), Sections 234 & 561A Holding of trial of the offences in the special court and ordinary court can not be considered beyond the law whenever offence on the same transaction falls on different categories as per law triable by s......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.....................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..Category: Criminal Law | Date: | Hits: 65
Government of Bangladesh and others Vs. Md. Hafizur Rahman and another, 2001, 30 CLC (AD)
....Supplementary Provisions) Ordinance, 1985 (LIV of 1985), Section 10 Dismissal of the case for default of the petitioner by not deciding the case on merit is illegal and without lawful authority. Lawyers Involved: B Hossain, Deputy Attorney-......p; Government of Bangladesh and others............................. Petitioners Vs. M......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). ..Category: Property Law | Date: | Hits: 57
Mozibur Rahman Moznu (Md) Vs. Abdul Halim and others, 2001, 30 CLC (AD)
....t the presiding officer is not debarred from counting of votes and prepare statement in form “K” and such preparation of the statement without signature of the candidate or his agent is lawful. Sending of “K” form without signature of the candidate or ......d. Ruhul Amin J Md. Fazlul Karim J Mozibur Rahman Moznu (Md)...........................Appellant Vs. Abdul Halim and others......................................... Respondents Judgment ......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..Category: Election Law | Date: | Hits: 124
....s of the compromise and have asked the petitioner to sign the letter if those were acceptable. The petitioner accepted the terms of compromise proposed by respondent No. 2 and accordingly it became a lawful agreement but the Adalat wrongly refused to accept the compromise which terms are lawful and ......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......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..
Category: Civil Law | Date: | Hits: 109
Shahanara Khatun and other Vs. Abu Taleb Pramanik and others, 2001, 30 CLC (AD)
....ned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 90. ...... Present: Latifur Rahman CJ Mahmudul Amin Choudhury J Mainur Reza Chowdhury J Shahanara Khatun and other ................................Petitioners Vs. ......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). ..Category: Property Law | Date: | Hits: 51
Hefazetur Rahman Vs. Kazi Anowar Hossain and others, 2001, 30 CLC (AD)
....d floor of 11 Bangabandhu Avenue, Dhaka with the help of police force requisitioned under Memo No. 72-AP (Bani) 95/6 dated 25-10-1995 Annexure-’G’ to the petition has been done without lawful authority and is of no legal effect and directed respondent Nos. 1 and 5 in the writ petitio...... Rabbani J Md. Ruhul Amin J Hefazetur Rahman...................................Petitioner Vs. Kazi Anowar Hossain and others......................Respondents Judgment Febru......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..Category: Constitutional Law | Date: | Hits: 141
Abu Taher Vs. Nur Muhammad and others, 2001, 30 CLC (AD)
....e register of the company. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 88. ......nbsp; Abu Taher......................... Petitioner Vs. Nur Muhammad and others....................Respondents Judgment Januar......;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). &..Category: Business or Commercial Law | Date: | Hits: 97
Hasan Azam and others Vs. Rabeya Khatun and others, 2001, 30 CLC (AD)
....f no substance. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 87. ......sp; Md. Gholam Rabbani J Hasan Azam and others........................ Petitioners Vs. Rabeya......;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). ..Category: Procedural Law | Date: | Hits: 104
Syed Al Nesar Ahmed, MD, United Food Complex Ltd. Vs. Nafisa Choudhury and others, 2001, 30 CLC (AD)
.... the banks or other agencies by way of loans overdraft, cash facilities, etc. BSRS appearing in the proceeding asserted that the amendments made were approved and the amendments are valid under the law. The High Court Division therefore held that the alleged non-fulfillment of the conditions as ......; Syed Al Nesar Ahmed, MD, United Food Complex Ltd............... Petitioner Vs. Nafisa Choudhury and others...............Respondents Judgment May 22, 2001...... 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..Category: Business or Commercial Law | Date: | Hits: 95
Abdul Khaleque Gazi and others Vs. Abdul Aziz Mollah and others, 2001, 30 CLC (AD)
....I 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 with law and calls for no interference. Lawyers Involved: ...... 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......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..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......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..Category: Business or Commercial Law | Date: | Hits: 99
Rajdhani Unnayan Kartipakhya and another Vs. Mohshinul Islam and another, 2001, 30 CLC (AD)
....issued calling upon the respondents-appellant Rajdhani Unnayan Kartipakkha and two others to show cause as to why the layout plan dated 18-10-92 should not be declared to have been made without any lawful authority and why they should not be directed not to change the nature and character of the...... Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Md. Ruhul Amin J Rajdhani Unnayan Kartipakhya and another.................... Appellants Vs. Moh......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). ..Category: Property Law | Date: | Hits: 56
Government of Bangladesh and others Vs. Abu Musa, 2001, 30 CLC (AD)
.... were the same goods as were sold in auction and the Tribunal having disbelieved the claim of the writ petitioner by assigning reason which being a finding of fact, the High Court Division erred in law in setting aside that finding in its writ jurisdiction. It was also noticed in the leave grant......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.............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..Category: Business or Commercial Law | Date: | Hits: 99
Motasim Ali Chowdhury Vs. Md. Ismail, 2001, 30 CLC (AD)
....der 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 the order of amendment of ...... 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). ...... 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..Category: Property Law | Date: | Hits: 58
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