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Fazlur Rahman Akhond (Md) and five others Vs. Government of Bangladesh and others, 2000, 29 CLC (AD)
....rit petitions were, therefore, rightly rejected, although on different grounds. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 116. ...... (Civil) Present: Mustafa Kamal CJ Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Mahmudul Amin Choudhury J Fazlur Rahman Akhond (Md.) and five others………………….Petitioner Vs. ......(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..Category: Employment/Service Law | Date: | Hits: 70
Khalilur Rahman (Md) Vs. Government of Bangladesh and others, 2000, 29 CLC (AD)
....ating to delimitation of the Paurashava in the writ petition and obtained the Rule Nisi upon the respondents as to why the Gazette Notification should not be declared to have been made without any lawful authority and is of no legal effect. 3. Facts giving rise to the writ petition, brie......dur Rahman J Mahmudul Amin Choudhury J Khalilur Rahman (Md)………… …………Petitioner Vs. Government of Bangladesh and others………………. Respondents Judgment ......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..Category: Others | Date: | Hits: 82
Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)
....primacy over those of the executive……..76(7) Article 116A and 132 Security of tenure, salary, other benefits, pension and independence from parliament and executive shall be secured framing law or rules or executive orders having the force of law under article 133…………76(8) The A......afa Kamal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J Mahmudul Amin Choudhury J Secretary, Ministry of Finance……………………Appellant Vs. Md. Masdar Hossain and others………………………Respondents Judgment December 2, 1999. Result: T......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..Category: Constitutional Law | Date: | Hits: 829
Shamsuddin Ahmed Vs. Md. Gholam Rabbani & Others, 2000, 29 CLC (AD)
....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. ......he Contempt of Court Act, 1926 (XII of 1926), Section 2 While a judgement is pending on appeal before this Division, publishing an article with an opinion on the subject matter is sub-judice and the Judge will desist from committing such an act in future. Case Referred to- ...... 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 ..Category: Criminal Law | Date: | Hits: 63
Badsha Mia & Others Vs. Abdul Kader and Others, 2000, 29 CLC (AD)
.... 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. ......ikash Roy Choudhury J A M Mahmudur Rahman J Mahmudul Amin Choudhury J Badsha Mia & Others…………..Petitioners Vs. Abdul Kader and Others…………………...Respondents Judgment&nb......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..Category: Civil Law | Date: | Hits: 104
Islami Bank Bangladesh Limited Vs. Al-Haj Md Shafiuddin Howlader& another, 2000, 29 CLC (AD)
....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. ......(5) The Code of Civil Procedure, 1908 (V of 1908), Order IX, rule 9 From the absence of any provision in the Ain prohibiting filing of an application under Order 9 rule 9 of the Code and from the specific mention of the Code in sub-section (5) of section 5 of the Ain it is clear th......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). ..Category: Business or Commercial Law | Date: | Hits: 104
Jihad Ahmed and others Vs. Bangladesh Power Development Board and others, 2000, 29 CLC (AD)
.... 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 orders are without any lawful authority. 3. Positive case of the respondents as set up in the affidavit-in-opposi...... ......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..Category: Employment/Service Law | Date: | Hits: 90
Abdur Rahim Chowdhury Vs. Bangladesh Bank and others, 2000, 29 CLC (AD)
....ng the appellant to refrain from performing the functions of the Managing Director the same was arbitrary exercise of discretion on the part of the respondent No.1 and High Court Division erred in law in not holding so and discharging the Rule. He further contended that there was no material on ...... Bimalendu Bikash Roy Choudhury J Kazi Ebadul Hoque J Abdur Rahim Chowdhury………………..Appellant Vs. Bangladesh Bank and others ……………….Respondents Judgment Fe......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). ..Category: Business or Commercial Law | Date: | Hits: 116
Jamshed Ali Vs. AKM Abdullah and others, 2000, 29 CLC (AD)
....polling station could not announce the result of counting of ballots and there having been clear violation of Rule 39 of the Election Rules, the returning officer rightly and in accordance with law recommended for holding re-election at the disputed centre, which report the District Election......Choudhury J A M Mahmudur Rahman J Mahmudul Amin Choudhury J Jamshed Ali ……………………..Appellant Vs. AKM Abdullah and others……………… Respondents Judgment January ...... 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). ..Category: Election Law | Date: | Hits: 110
Jharna Rani Saha Vs. Khondaker Zayedul Hoque alias Jahangir and another , 2000, 29 CLC (AD)
....ege that she is a minor and the accused had committed offences under the aforesaid Act. It was totally wrong on the part of the High Court Division not to take into account all these facts and the law itself and to make an order of release upon its own expert opinion that she is about “to ......Abdur Rouf J Bimalendu Bikash Roy Choudhury J Jharna Rani Saha………………...Appellant Vs. Khondaker Zayedul Hoque alias Jahangir and another……….. Respondent Judgment ......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..Category: Criminal Law | Date: | Hits: 48
Abdul Khaleque Master and others Vs. State, 2000, 29 CLC (AD)
.... 2. The prosecution case is that on 24-9-89 at about 11 in the morning the accused-petitioners along with others being armed with daggers, spears, sticks and other weapons formed into an unlawful assembly and attacked Hafizuddin Sarker Hearing hue and cry of deceased Hafizuddin Sarker so...... (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Abdul Khaleque Master and others…………Accused Petitioners Vs. State……&hellip...... 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..Category: Criminal Law | Date: | Hits: 61
Qaiyum Khan and Others Vs. Sudarshan Singh and others, 2000, 29 CLC (AD)
....ition for leave to appeal. 2. Mr. Mahbubey Alam, learned Advocate for the defendant-petitioners, reiterates the submissions made before the High Court Division that the suit was decreed unlawfully as the plaint did not contain necessary description of the identity of the suit land. When...... Appellate Division (Civil) Present: Mustafa Kamal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Qaiyum Khan and Others………….Petitioners Vs. Sudarshan Singh and oth......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..Category: Civil Law | Date: | Hits: 127
Nur Israil Talukder (Md) Vs. State, 2000, 29 CLC (AD)
....adesh Gazette on 1-4-87). Section 9 thereof having saved the action of revival of the case taken under the said Ordinance on 26-2-87, the learned Judges of the High Court Division misconceived the law and thereby misdirected themselves in holding that the case in question been stopped on 1-8-90 ......mendment (Amendment) Act, 1987 (XIII of 1987), Section 8(a) The Code of Criminal Procedure, 1898 (V of 1898), Sections 5(2) & 339D The case is under section 409 of the Penal Code and also under section 5(2) of Act II of 1947, triable under the Criminal Law amendment Act. There ......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..Category: Criminal Law | Date: | Hits: 59
Moslem Uddin (Md) Vs. State and another, 2000, 29 CLC (AD)
....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. ......ndu Bikash Roy Choudhury J A M Mahmudur Rahman J Moslem Uddin (Md)…………………………Petitioner Vs. State and another……………...Respondent Judgment ......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..Category: Criminal Law | Date: | Hits: 59
Mahbubul Haque (Md.) Vs. Md. A Kader Munshi, 2000, 29 CLC (AD)
.... January 23, 2000. The Code of Civil Procedure, 1908 (V of 1908), Order VII rule 11(d) There is no illegality in holding that the question of limitation and res judicata are mixed question of law and fact which need through investigation on adequate evidence for arriving at a correct decisi....... Plaintiff-Respondent Judgment January 23, 2000. The Code of Civil Procedure, 1908 (V of 1908), Order VII rule 11(d) There is no illegality in holding that the question of limitation and res judicata are mixed question of law and fact which need through investigation on adequate ev......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). ..Category: Civil Law | Date: | Hits: 142
Abul Qayum Khan and others Vs. Md. Abu Yousuf Mridha and others, 2000, 29 CLC (AD)
.... Immovable Property (Temporary Provisions) Order, 1972 (President’s Order No. 142 of 1972), the Government was a necessary party to the suit, but the High Court Division committed an error of law in holding that the suit was not bad for non-joinder of party. 5. The object of the Pr......Appellate Division (Civil) Present: Mustafa Kamal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Abul Qayum Khan and others……………Petitioners Vs. Md. Abu Yousuf Mrid...... Ali, Advocate-on-Record — For the Petitioners. Not represented — The Respondents. Civil Petition for Leave to Appeal No. 969 of 1998. (From the judgment and order dated 20 November, 1997 passed by the High Court Division in Civil Revision No. 1040 of 1992)..Category: Property Law | Date: | Hits: 47
Momtaz Begum & others Vs. Md. Masud Khan, 2000, 29 CLC (AD)
.... the handwriting experts. 7. We therefore do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 46. ......bsp; June 7, 1999. The Specific Relief Act, 1877 (I of 1877), Sections 39 and 42 The Limitation Act, 1908 (IX of 1908), Article 91 The plaintiff not being a p......ord — For the Petitioners. Miah Abdul Gafur, Advocate-on-Record — For the Respondent. Civil Petition for Leave to Appeal No. 445 of 1997 (From the judgment and order dated 6-3-1997 passed by the High Court Division in Civil Order No. 992 of 1997. Judgm..Category: Property Law | Date: | Hits: 59
Pioneer Garments Limited Vs. Md. Abul Kalam Azad and anr, 2000, 29 CLC (AD)
....e IRO case. It is submitted that he was an officer, not a worker. It is submitted that any workman may apply before the Labour Court for the enforcement of any right granted to him by or under any law but in the present case as respondent No. 1 was not a labourer he cannot invoke the jurisdictio......Mahmudul Amin Choudhury J Pioneer Garments Limited represented by its Managing Director……………….Petitioner Vs. Md. Abul Kalam Azad and another………………...Respondents Judgment A......Islam, Advocate-on-Record — For Respondent No. 1. Not represented—Respondent No. 2. Civil Petition for Leave to Appeal No. 779 of 1998. (From the judgment and order dated 3-5-1998 passed by the High Court Division in Writ Petition No. 1419 of 1990. Ju..Category: Labour and Industrial Law | Date: | Hits: 138
Bangladesh Vs. East West Property Development Private Ltd. & others, 2000, 29 CLC (AD)
....llenge the right and title of the predecessors-in- interest of the writ-petitioner. Therefore, their claim of title at such a belated stage after about 58 years cannot be entertained in the eye of law. Besides, during the pendency of the writ petition respondent No. 1 petitioner filed an applica...... Judgment July 1, 1999. The Constitution of Bangladesh, 1972, Article 102. It was absolutely necessary for the High Court Division to comment on the petitioner’s title to and possession of the disputed property and in writ jurisdiction the High Court Division is not deb......li, Advocate-on-Record—For the Respondent No. 1. Not represented — Respondent Nos. 2-5 Civil Petition for Leave to Appeal No. 35 of 1998. (From the judgment and order dated 14 August, 1997 passed by the High Court Division, in Writ Petition No. 3165 of 1997). ..Category: Constitutional Law | Date: | Hits: 164
Sanaullah Khan (Md) Vs. Safura Khatun and others, 2000, 29 CLC (AD)
....d (iii) whether the courts below were entitled to extend the time for deposit and save the suit from the mischief of the default clause. 9. To begin with, it is an established principle of law and practice that a party should not be heard on a ground on which leave was not granted, altho......y J Sanaullah Khan (Md)……. …………………………………Appellant Vs. Safura Khatun and others……………………………&h......ed by Md. Aftab Hossain, Advocate-on-Record — For the Respondent No. 1. Not represented — Respondent No. 3. Civil Appeal No. 28 of 1999. (From the judgment and order dated 20 July 1998 passed by the High Court Division in Civil Revision No. 3453 of 1996). ..Category: Property Law | Date: | Hits: 59
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