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Salma Khatun and others Vs. Zilla Parishad, Chittagong, 1999, 28 CLC (AD)
....2-01-98 passed by a Division Bench of the High Court Division in FA No.39 of 1995 dismissing the suit after setting aside the judgment and decree dated 31-10-94 passed by the 3rd Court of Subordinate Judge, Chittagong in Other Suit No. 157 of 1994 in which the suit for declaration of title was decre......e not entitled to a declaration of title. 6. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 257. ......titled to a declaration of title. 6. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 257. ......ence the suit for declaration of title as also for a declaration that the notice of the said defendant is illegal and not binding. 3. Defendant No.1 Zilla Parishad, Chittagong and defendant No.2, Bangladesh, represented by the Deputy Commissioner, Chittagong filed two separate written statements..Category: Tenancy Law | Date: | Hits: 82
Red Sun Limited & Others Vs. Uttara Bank, 1999, 28 CLC (AD)
.... Dhaka in FMA No. 62 of 1989). Judgment: ATM Afzal CJ.- Plaintiff-respondent-Bank instituted Title Suit No. 40 of 1986 in the Court of Subordinate Judge, Narayangonj for recovery of money and realisation of securities from the defendant-petitione......the country on the date of passing of the ex parte decree. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 256. ......try on the date of passing of the ex parte decree. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 256. ......dants were absent from the country on the date of passing of the ex parte decree. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 256. ..Category: Civil Law | Date: | Hits: 115
Abdul Kader Mondal & ors Vs. Shamsur Rahman Chowdhury alias Shamsur Rahman Saha, 1999, 28 CLC (AD)
....y of the suit plaintiff Nos. 9 and 19 died and the suit in respect of them abated after expiry of 90 days from the date of death. An order of abatement was also recorded by the learned Subordinate Judge, Naogaon, who was in seisin of the matter. 3. Later on the ‘surviving plaintiff......nt and order of the High Court Division be set aside. We, however, make no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 253. ......rder of the High Court Division be set aside. We, however, make no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 253. ......and the impugned judgment and order of the High Court Division be set aside. We, however, make no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 253. ..Category: Property Law | Date: | Hits: 72
Bashu Dev Chatterjee Vs. Umme Salma and others, 1999, 28 CLC (AD)
.... 7. The Investigating Officer submitted final report in the case but the learned Magistrate without accepting the said final report sent the case record to the learned Special Tribunal and Sessions Judge. Tangail for disposal. 8. The appellant filed a Naraji petition against the final report a...... now in custody in Tangail District Jail be released and handed over to her father Bashu Dev Chatterjee, forthwith. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 238; 8 BLT (AD) 168. ......custody in Tangail District Jail be released and handed over to her father Bashu Dev Chatterjee, forthwith. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 238; 8 BLT (AD) 168. ......e now in custody in Tangail District Jail be released and handed over to her father Bashu Dev Chatterjee, forthwith. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 238; 8 BLT (AD) 168. ..Category: Criminal Law | Date: | Hits: 71
Ashok Kumar Karmaker Vs. State, 1999, 28 CLC (AD)
....f Taka 1,000.00 only. 2. Following the publication of an Article under the caption “The Parliament and the judiciary at Loggerheads” written by the appellant, then as Assistant Judge. Tangail and published in the Daily Star dated the 6th February, 1995 a suo motu Rule was is......Contempt of Court and the sentence passed thereunder by the High Court Division are set aside. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 235. ...... of Court and the sentence passed thereunder by the High Court Division are set aside. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 235. ......fter the 24th and 25th amendments to the Constitution took place and after Justice AN Roy was appointed Chief Justice of India superseding some senior Judges and some American examples as also the Bangladesh experience after the installation of an elected Government in 1991 were cited as example..Category: Criminal Law | Date: | Hits: 75
Shamsunnahar Salam and others Vs. Mohammad Wahidur Rahman and others, 1999, 28 CLC (AD)
.... the writ to be illegal and without jurisdiction. The petitions are dismissed with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 232. ...... and without jurisdiction. The petitions are dismissed with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 232. ......hout jurisdiction. The petitions are dismissed with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 232. ......ahidur Rahman and others……………………………..Respondents Judgment December 3, 1997. The Constitution of Bangladesh, 1972, Article 102 However extraordinary its powers, a writ Court cannot and shou..Category: Property Law | Date: | Hits: 64
Abdul Mutalib Vs. Md Mostakim Ali and others, 1999, 28 CLC (AD)
....gment and order of the Election Appellate Tribunal passed in Miscellaneous (Election) Appeal No. 24 of 1995 on 18-6-95 affirming the judgment and order dated 25-4-95 passed by the Senior Assistant Judge and Election Tribunal in Election Petition No. 3 of 1993 declaring the appellant on recountin......the High Court Division and accordingly this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 228. ...... Court Division and accordingly this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 228. ......e impugned judgment of the High Court Division and accordingly this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 228. ..Category: Election Law | Date: | Hits: 101
Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd and others, 1999, 28 CLC (AD)
....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......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.......ed 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.......) (1999) 221...Category: Property Law | Date: | Hits: 77
SM Anwar Hossain Vs. Md. Shafiul Alam (Chand) and another, 1999, 28 CLC (AD)
....ion for quashing summarily under a misconception. For the reasons this appeal is allowed and the impugned proceeding is quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 218. ......on for quashing summarily under a misconception. For the reasons this appeal is allowed and the impugned proceeding is quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 218. ......uashing summarily under a misconception. For the reasons this appeal is allowed and the impugned proceeding is quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 218. ......ion for quashing summarily under a misconception. For the reasons this appeal is allowed and the impugned proceeding is quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 218. ..Category: Business or Commercial Law | Date: | Hits: 145
Azizul Hoque (Md) Vs. State, 1999, 28 CLC (AD)
.....……………… 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 ......that the accused-petitioner’s role was that of a bona fide act performed without mens rea. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 216. ...... accused-petitioner’s role was that of a bona fide act performed without mens rea. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 216. ......bmission that the accused-petitioner’s role was that of a bona fide act performed without mens rea. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 216. ..Category: Anti-Corruption Laws | Date: | Hits: 73
Sabita Dutta Vs. Manager, Cinema Palace Chittagong and another, 1999, 28 CLC (AD)
....lication under section 25 of the Employment of Labour (Standing Orders) Act, 1965 was maintainable. 5. Before the High Court Division the petitioner did not appear. 6. The learned Judges of the High Court Division on a reference to the decision in the case of James Finlay Ltd vs....... Consequently, the petition is devoid of any substance. It is, therefore, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 215. ......uently, the petition is devoid of any substance. It is, therefore, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 215. ......efore the Labour Court. Consequently, the petition is devoid of any substance. It is, therefore, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 215. ..Category: Labour and Industrial Law | Date: | Hits: 94
Nasiruddin (Md) Vs. Secretary, Ministry of Local Government & Rural Dev. & ors, 1999, 28 CLC (AD)
....e on the ground of merit and on locus standi. There is no merit in this petition. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 213. ......t and on locus standi. There is no merit in this petition. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 213. ...... locus standi. There is no merit in this petition. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 213. ......Petitioner Vs. Secretary, Ministry of Local Government & Rural Development and others ……….Respondents Judgment February 8, 1999. The Constitution of Bangladesh, 1972, Article 102 The Ferries Act, 1885 (I of 1885), Section 5 Findings ..Category: Constitutional Law | Date: | Hits: 126
Moulana Delwar Hossain Saydee Vs. Sudhangshu Shekhar Halder and others, 1999, 28 CLC (AD)
....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......osed of. We, therefore, find no substance in this petition which is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 171. ...... 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. ..Category: Election Law | Date: | Hits: 117
Junnur Rahman Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others, 1999, 28 CLC (AD)
....her in law or on fact. The High Court Division has rightly discharged the Rule. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 166. ...... The High Court Division has rightly discharged the Rule. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 166. ......h Court Division has rightly discharged the Rule. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 166. ......llip;……………………………………………………...Petitioner Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others………….Respondents ..Category: Employment/Service Law | Date: | Hits: 63
Commissioner of Customs, Mongla Customs House & ors Vs. SARC Enterprise, 1999, 28 CLC (AD)
....er stands modified accordingly. This petition is disposed of upon condonation of delay in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 165. ......ordingly. This petition is disposed of upon condonation of delay in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 165. ....... This petition is disposed of upon condonation of delay in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 165. ...... SARC Enterprise…………………………………. Respondents Judgment May 23, 1999. The Constitution of Bangladesh, 1972 Article 102(4) Personal guarantee instead of bank guarantee is a very weak ..Category: Business or Commercial Law | Date: | Hits: 155
Government of Bangladesh Vs. Idrisur Rahman Advocate and others, 1999, 28 CLC (AD)
.... taken in the public interest. The petition is dismissed with the aforesaid observations and declarations. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 163. ......nterest. The petition is dismissed with the aforesaid observations and declarations. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 163. ...... The petition is dismissed with the aforesaid observations and declarations. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 163. ...... Appellate Division (Civil) Present: Mustafa Kamal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J AMM Rahman J Government of Bangladesh represented by the Secretary, Ministry of Establishment ………..Petitio..Category: Employment/Service Law | Date: | Hits: 72
Latifa Akhter and others Vs. State and another, 1999, 28 CLC (AD)
.... 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...... 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. ......tainable 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. ..Category: Criminal Law | Date: | Hits: 69
Pradip Kumar Chakraborty Vs. Jamila Khatun Bibi & ors , 1999, 28 CLC (AD)
....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......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. ......t 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. ..Category: Family Law | Date: | Hits: 156
Nurul Afsar Vs. Rafiqul Ahmed & ors, 1999, 28 CLC (AD)
.... 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...... 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. ......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. ..Category: Property Law | Date: | Hits: 65
Raisuddin Vs. Bangladesh and others, 1999, 28 CLC (AD)
....een lawfully appointed as Nikah Registrars the petitioner cannot make any lawful grievance. 6. Mr. Abdur Razzaq, learned Advocate appearing for the writ petitioner submits that the learned Judges of the High Court Division erred in law in holding that the second proviso to section 4 of t......ch the Government is authorised under the law to do. Consequently, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 152. ......overnment is authorised under the law to do. Consequently, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 152. ......Latifur Rahman J Bimalendu Bikash Roy Choudhury J Raisuddin……………………………..Petitioner Vs. Bangladesh and others……………………..Respondents ..Category: Employment/Service Law | Date: | Hits: 69
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