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Abdus Sattar and others Vs. IFIC Bank Ltd., 2000, 29 CLC (AD)
.... Md Wahidullah, Advocate-on-Record — For the Petitioners. Not represented — The Respondent. Petition for Leave to Appeal No. 812 of 1999 (From the judgment and order dated 16-05-1999 passed by the High Court Division in First Appeal Tender No. 83 of 1999). ......ns raised for the aforesaid reasons are of no substance. The petition is dismissed with any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 122. ..Category: Business or Commercial Law | Date: | Hits: 115
Abdus Samad & ors Vs. Dt. Com. & Custodian of Vested Pty & Non-Res Pty, 2000, 29 CLC (AD)
....wab Ali, Advocate-on-Record — For the Petitioners. Not represented — The Respondents. Civil Petition for Leave to Appeal No. 860 of 1999. (From the judgment and order dated 6 May 1999 passed by the High Court Division in Civil Revision No. 3216 of 1997). ...... 3. The case of defendant No. 2 (respondent No. 2) on the other hand is that the suit property has been correctly enlisted as vested property as the owners thereof had left for India and the Government is in possession thereof through its lessee. 4. The Senior Assistant Judge, Sree..Category: Property Law | Date: | Hits: 59
Delwar Hossain Mia (Md) and another Vs. Bangladesh, 2000, 29 CLC (AD)
....Hossain, Advocate-on-Record— For the Petitioners. Not represented — The Respondents. Civil Petition for Leave to Appeal No. 457 of 1999. (From the judgment and order dated 24 November 1998 passed by the High Court Division In Writ Petition No. 647 of 1998). ......intment. 3. Respondent Nos. 4-63 who were initially appointed as outside cadet Sub-Inspector of Police gradually attained the position of Officiating Assistant Superintendent Of Police. The Government in the Ministry of Home Affairs by notification No. MHA/ Pol-1 Apptt-12/92/60 dated 3 F..Category: Constitutional Law | Date: | Hits: 151
Sudangshu Jaladash and others Vs. Shahabuddin and others, 2000, 29 CLC (AD)
....-on-Record — For the Respondents. Not represented — Respondent Nos. 36-40. Civil Petitioner for Leave to Appeal Nos. 535 and 536 of 1999 (From the judgment and order dated 22-04-1 999 passed by the High Court Division in Writ Petition Nos. 4598 of 1997 and 24......up the matter analogously for disposal. It appears that the lease of petitioners of Writ Petition No. 4598 of 1997 was cancelled in respect of 420 acres of land out of 456.20 acres for enabling the Government to realise arrear rent of Taka 40,00,000.00 from respondents who are petitioners in Writ..Category: Property Law | Date: | Hits: 71
Abdul Hashem (Md) @ Bachchu Fakir and others Vs. State, 2000, 29 CLC (AD)
....b Ali, Advocate-on-Record — For the Petitioners. Not represented — The Respondent. Criminal Petition for Leave to Appeal No. 72 of 1998. (From the judgment and order dated 24-11-97 passed by the High Court Division in Criminal Appeal No. 1159 of 1983). ......n and sentence is based on other sufficient and reliable legal evidence on record. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 117. ..Category: Criminal Law | Date: | Hits: 64
Fazlur Rahman Akhond (Md) and five others Vs. Government of Bangladesh and others, 2000, 29 CLC (AD)
....(In all the Petitions). Not represented — The Respondents (In all the Petitions). Civil Petition for Leave to Appeal Nos. 1254 to 1259 of 1998. (From the judgment and order dated August 4, 199, passed by the High Court Division in Writ Petition Nos. 3318, 3317, 3318...... A M Mahmudur Rahman J Mahmudul Amin Choudhury J Fazlur Rahman Akhond (Md.) and five others………………….Petitioner Vs. Government of Bangladesh and others……………………..Category: Employment/Service Law | Date: | Hits: 70
Khalilur Rahman (Md) Vs. Government of Bangladesh and others, 2000, 29 CLC (AD)
....m, Attorney-General, instructed by Md. Amir Hossain, Advocate-on-Record — For Respondent Nos. 1 & 2. Petition for Leave to Appeal No. 1353 of 1999. (From the judgment and order dated 21-7-1999 passed by the High Court Division in Writ Petition No. 2386 1998). Judg......udhury J A M Mahmudur Rahman J Mahmudul Amin Choudhury J Khalilur Rahman (Md)………… …………Petitioner Vs. Government of Bangladesh and others………………. Respondents ..Category: Others | Date: | Hits: 82
Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)
....rvice of Bangladesh or Bangladesh Judicial Service and a Judicial Service Commission constituted for recruitment in that sevice……..76(4) Article 116, 116A and 133. Law or rules or executive orders having the force of rules be framed relating to posting, promotion, grant of leave, disciplin......n etc be enacted or framed or made separately for judicial service and judicial magistracy…………………76(5) Article 115 Impugned orders are declatered ultra vires the Constitution. The Government be directed to establish a separate judicial pay commission forthwith as a part of the ru..Category: Constitutional Law | Date: | Hits: 829
Shamsuddin Ahmed Vs. Md. Gholam Rabbani & Others, 2000, 29 CLC (AD)
.... Lawyers Involved: Shamsuddin Ahmed, Advocate—For the Petitioner. Not Represented—For the Respondents. Contempt Petition No. 1 of 1999 (From the Judgment and order dated 3-12-98 passed by f Court in Civil Appeal No. 130 of 1997). Judgment ......e in the above mentioned no action is called for upon this petition. The petition is accordingly, disposed of. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 81. ..Category: Criminal Law | Date: | Hits: 63
Badsha Mia & Others Vs. Abdul Kader and Others, 2000, 29 CLC (AD)
....vocate-on-Record— For Respondent Nos. 1 & 2. Not Represented— Respondent Nos. 3-8. Civil Petition for Leave to Appeal No. 427 of 1995 (From the judgment and order dated 30-1-95 passed by the High Court Division in Civil Revision No. 5199 of 1991 (Dhaka) Ci...... infirmity in the decision of the learned Single Judge of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 79. ..Category: Civil Law | Date: | Hits: 104
Islami Bank Bangladesh Limited Vs. Al-Haj Md Shafiuddin Howlader& another, 2000, 29 CLC (AD)
....of section 5 of the Ain it is clear that the provision of Order 9 rule 9 of the Code may be followed by the plaintiff financial institution before the Artha Rin Adalat for setting aside an ex parte order of dismissal of the suit for default.………………..(13). ......pugned judgment of the High Court Division is set aside and the judgment and order of the Artha Rin Adalat is restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 76. ..Category: Business or Commercial Law | Date: | Hits: 104
Jihad Ahmed and others Vs. Bangladesh Power Development Board and others, 2000, 29 CLC (AD)
....nt Board (Employees) Service Rules, 1982, Rule 14 The Constitution of Bangladesh, 1972 Articles 27 & 29 For public interest and for effective maintenance of service discipline transfer order can be passed as provided in the Service Rules of the PDB. An employee cannot raise the plea......lopment Board hereinafter referred to as PDB” were transferred from Sylhet to various districts, namely, Jamalpur, Sherpur and Mymensingh. Broadly, the case of the petitioners is that as per Government decision and instructions their service is not transferable and, as such, the transfer o..Category: Employment/Service Law | Date: | Hits: 90
Abdur Rahim Chowdhury Vs. Bangladesh Bank and others, 2000, 29 CLC (AD)
....or that the said opinion was fanciful. There was no requirement of any satisfaction but to form an opinion under the proviso to section 46 (2) of the Act. So there is no illegality in the impugned order………………………(9 & 12). ......erved as follows: “In such a case the authority concerned would have remained free, so as not to disclose any reason in the retirement order, but if its action in retiring a Government servant was challenged as arbitrary, as has been done by the appellant in the present c..Category: Business or Commercial Law | Date: | Hits: 116
Jamshed Ali Vs. AKM Abdullah and others, 2000, 29 CLC (AD)
.... Appellant. MA Hannan, Senior Advocate, instructed by Md. Ataul Huq, Advocate-on-Record—For the Respondent No. 1. Civil Appeal No. 78 of 1998. (From the Judgment and order dated 9th June, 1998 passed by the High Court Division in Will Petition No. 44 of 1998). ......lip;…………..Appellant Vs. AKM Abdullah and others……………… Respondents Judgment January 17, 2000. The Local Government (Union Parishads) Ordinance, 1983 (LI of 1983), Section 26 When the election pro..Category: Election Law | Date: | Hits: 110
Jharna Rani Saha Vs. Khondaker Zayedul Hoque alias Jahangir and another , 2000, 29 CLC (AD)
....s Sobhan, Advocate (Kh. Saiful Haque, Advocate with him) instructed by Md. Nawab Advocate-on-Record—For the Respondent No. 1 Criminal Appeal No. 4 of 1998. (From judgment and order dated 25 March 1998 passed by the High Court Division Criminal Miscellaneous Case No. 1259 of......ness at trial and the Court will ensure her attendance that case. In the result, the appeal is allowed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 66. ..Category: Criminal Law | Date: | Hits: 48
Abdul Khaleque Master and others Vs. State, 2000, 29 CLC (AD)
.... accused persons detained the victim near a pond of one Moher Hazi and accused petitioner No. 2 Abdul Malek ran to the nearby Nasirabad High School of Palashtoli, whereupon accused petitioner No. 1 ordered to kill the deceased. The accused persons took deceased Hafizuddin Sarker on the bank of r......oper judgment as the same suffers from no error of law and fact. For the reasons stated above the petition dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 54. ..Category: Criminal Law | Date: | Hits: 61
Qaiyum Khan and Others Vs. Sudarshan Singh and others, 2000, 29 CLC (AD)
....sh; For the Petitioners. Md. Aftab Hossain, Advocate-on-Record — For the Respondent No. 1. Civil Petition for Leave to Appeal No. 132 of 1998. (From the judgment and order dated 19-5-1997 passed by the High Court Division in Civil Revision No.2385 of 1996). J......da Saha, not the defendants. 6. Second submission also fails. 7. We do not find any ground for interference. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 53. ..Category: Civil Law | Date: | Hits: 127
Nur Israil Talukder (Md) Vs. State, 2000, 29 CLC (AD)
....upon an application filed by the public prosecutor, the learned Trial Judge on 6- 8-90 again revived the case under section 339D, Code of Criminal Procedure. 2. Being aggrieved by the last order of revival, the appellant moved the High Court Division for quashing the proceeding against h......t Division are set aside and further proceedings of the case stand stopped and the accused appellant stands released. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 51. ..Category: Criminal Law | Date: | Hits: 59
Moslem Uddin (Md) Vs. State and another, 2000, 29 CLC (AD)
....0 of 1999. Judgment: ATM Afzal CJ.- This petition (barred by 27 days which is condoned) by the accused-petitioner arises out of yet another deprecatory order passed by Division Bench of the High Court Division transferring Sessions Case No. 83 of 1998......t of the Sessions Judge. In the circumstances, the petition is grudgingly disposed of with the observations as above. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 50. ..Category: Criminal Law | Date: | Hits: 59
Mahbubul Haque (Md.) Vs. Md. A Kader Munshi, 2000, 29 CLC (AD)
....ner. Abdus Salam Khan, Senior Advocate, instructed by Md. Wahidullah, Advocate-on-Record— For the Respondent. Civil Petition for Leave to Appeal No. 1228 of 1999. (From the judgment and order dated 10-8-1999 passed by the High Court Division, Dhaka in Civil Revision No. 4687 of 1998). ......ce to agitate the questions at the time of trial of the suit the petition merits no consideration. The leave petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 49...Category: Civil Law | Date: | Hits: 142
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