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Khalilur Rahman (Md) Vs. Government of Bangladesh and others, 2000, 29 CLC (AD)
....e learned Advocate for the petitioner. There is no substance in this petition. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 115. ......ntial difference regarding variation of population is based or comparison of draft list of the Delimitation (Annexure “C”) and the final list (Annexure “E”). In the instant case the petitioner is a Chairman of the Pourashava and because of the impugned Gazette Notificatio......e learned Advocate for the petitioner. There is no substance in this petition. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 115. ..Category: Others | Date: | Hits: 82
Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)
....ndence for effective and meaningful discharge of its constitutional functions. For the above reasons, I concur with the judgment. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 82. ......er respondents. On 13-6-1996 when the matter came up for hearing before a Division Bench of the High Court Division the Court passed an order requesting the learned Attorney-General to appear in this case as it involved important questions of law having far reaching effect. The learned Attorney-Gene......cial Court Judge in pursuance of a province’s Budge Deficit Reduction plan. It was a part of an overall public economic measure. In remuneration of Judges of the Provincial Court of Prince Edward Island, decided in 1997, the Supreme Court of Canada held that “as a general constitutional principl..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. ......g up a contempt proceeding against the respondents. 2. In this petition, it has been stated Civil Appeal No. 130 of 1997 was heard for quite a considerable period of time and thereafter the case was fixed for delivery of judgment on 20-8-98. On that date the judgment could not be deliver......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)
.... 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. ...... 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. ......e award Rule of the Court passed in Other Class Suit No. 283 of 1978 were fraudulent and void respectively stating, inter alia, that as defendant Nos. 8 and 9 tried to construct a pathway over the land of the plaintiffs a dispute arose and on being asked by defendant Nos. 3 and 4 to sign a blank..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. ......ything to the contrary, to the conduct of proceeding in an Artha Rin Adalat. Order 9, rule 9 is an integral part of the Code. There is no specific bar to an application under Order 9, rule 9 in the cases under the Act. 5. At the same time, under sub-section (2) of section 6 of the Act it......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)
.... accepted. 8. Consequently, both the points of Sheikh Razzaque Ali failed. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 75. ...... 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 of violation of fundamental right in case of transfer. ……….…..(6 & 7). Cases Referred to- ...... accepted. 8. Consequently, both the points of Sheikh Razzaque Ali failed. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 75. ..Category: Employment/Service Law | Date: | Hits: 90
Abdur Rahim Chowdhury Vs. Bangladesh Bank and others, 2000, 29 CLC (AD)
....gment and order requires no interference by this Court. The appeal is dismissed with cost to the respondents. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 71. ......ain from the functions of the Managing Director of the on the ground, amongst others, that there was i report of the Standing Committee which is precondition for passing such an Respondent’s case was that the said order passed on the basis of a report and recommendation of the Standing Com......gment and order requires no interference by this Court. The appeal is dismissed with cost to the respondents. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 71. ..Category: Business or Commercial Law | Date: | Hits: 116
Jamshed Ali Vs. AKM Abdullah and others, 2000, 29 CLC (AD)
....d in Writ Petition No. 44 of 1998 is hereby set aside and the Writ Petition is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 66. ......ing of the election. So if any disturbance takes place even during counting of ballot papers the result may be withheld as per law and fresh election may be ordered. 5. Here in the present case during counting a disturbance admittedly took place and Presiding Officer failed to announce t......d in Writ Petition No. 44 of 1998 is hereby set aside and the Writ Petition is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 66. ..Category: Election Law | Date: | Hits: 110
Jharna Rani Saha Vs. Khondaker Zayedul Hoque alias Jahangir and another , 2000, 29 CLC (AD)
....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. ......e, setting liberty the victim girl Lata Rani Saha alias Jannatul Ferdous from safe custody in the District Jail Narayangonj saying “she may go anywhere likes.” 2. Facts of the case, briefly, are that the appellant Jharna Rani Saha, as informant lodge written ejahar with......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)
....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. ......oper judgment the Appellate Division could go through the judgments of the courts below to find out whether any miscarriage of justice has been caused but that cannot be a ground for remand of the case………………(10) Lawyers Involved: Abdul Mal......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)
....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. ......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. ...... Court Division in Civil Revision No.2385 of 1996). Judgment Mustafa Kamal CJ.- The plaintiff-respondent’s suit for declaration of title to the suit land on the basis of adverse possession was decreed by the trial Court, the defendant-petitioner&r..Category: Civil Law | Date: | Hits: 127
Nur Israil Talukder (Md) Vs. State, 2000, 29 CLC (AD)
....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. ...... June 1, 1998. The Criminal Law Amendment (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 ......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)
....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. ......sp; May 26, 1999. The Code of Criminal Procedure, 1898 (V of 1898), Section 526 Order of transfer of a case ex parte without any notice to the parties or without calling for a report of the court conce......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)
....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.......ucing forged documents he cannot be non-suited at the threshold since the question of res judicata and limitation are mixed question of law and fact. High Court Division relied on the decision in the case of Sreemati Pushpa Rani Das vs. AKM Habibur Rahman & ors reported in 13 BLD (AD) 217 in whi......f on the averments, inter alia, that the suit property originally belonged to plaintiffs predecessors Boni Amin and Arab Ali who were the recorded tenants in the CS Khatian and major part of the suit land having been wrongly recorded in the name of defendant’s predecessor Wazid Ali Zamaddar plaint..Category: Civil Law | Date: | Hits: 142
Abul Qayum Khan and others Vs. Md. Abu Yousuf Mridha and others, 2000, 29 CLC (AD)
....sed, for what it is worth, at the earliest opportunity. But it was not done. This petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 48. ......to prevent certain transfer of immovable property in derogation of some legislative enactments. Keeping the same in view Article 6 of the Order does not appear to have an application to the present case. 6. Moreover, the plea of non-joinder of party ought to have been raised, for what i......ent Bimalendu Bikash Roy Chowdhury J.- The suit out of which this petition for leave to appeal arises, was brought by respondent Nos. 1-7 for re-conveyance of the land described in schedules 'Ka' and 'Kha' to the plaint, for confirmation of possession in 'Ka' sc..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. ...... 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. ......suit was barred by limitation under Article 91 of the First Schedule to the Limitation Act. 4. The argument has no legs to stand. The plaintiff asked for a declaration of title to the suit land after a declaration that the impugned kabala was false, fraudulent and illegal. The suit there..Category: Property Law | Date: | Hits: 59
Pioneer Garments Limited Vs. Md. Abul Kalam Azad and anr, 2000, 29 CLC (AD)
....ecision of the High Court Division we find no merit in this petition. The petition is therefore dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 45. ....... The short fact required for the disposal of this matter is that, respondent No. 1 was appointed a Production Manager of the petitioner-company who joined the company as such on 3-11-1994 and his case is that though his designation was Production Manager but he was not given any managerial or s......ecision of the High Court Division we find no merit in this petition. The petition is therefore dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 45. ..Category: Labour and Industrial Law | Date: | Hits: 138
Bangladesh Vs. East West Property Development Private Ltd. & others, 2000, 29 CLC (AD)
.....75 acres of land. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 43. ......ted a suit in the 3rd Court of Subordinate Judge, Dhaka, namely, Title Suit No. 11 of 1997 on 19-1-97 for a decree for declaration of title to a part of the suit land, namely, 1.24 acre as a test case. Thereafter, respondent No. 3, Manager, Bhawal Raj Court of Wards Estate, Land Reforms Board i......sed by a Division Bench of the High Court Division in Writ Petition No. 3165 of 1997 making the Rule Nisi absolute. 2. The writ-petitioner-respondent claims to have purchased 47.75 acres of land which originally belonged to Bhawal Raj Estate and which was taken over by the Court of Wards..Category: Constitutional Law | Date: | Hits: 164
Sanaullah Khan (Md) Vs. Safura Khatun and others, 2000, 29 CLC (AD)
....as not obtained on this ground. For all these reasons the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 39. ......e learned Judge maintained the order of the appellate Court (Subordinate Judge, First Court, Dhaka) who refused to accept the cost of Taka 1000.00 beyond the time set down by him, while sending the case on remand. 2. The plaintiff, now respondent No. 1, instituted Title Suit No. 261 of 199......as not obtained on this ground. For all these reasons the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 39. ..Category: Property Law | Date: | Hits: 59
Shafiuddin Chowdhury (Md) Vs. Md. Abdul Karim and others, 2000, 29 CLC (AD)
.... basis of co-sharer ship is not maintainable. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 41. ......vil Procedure, 1908 (V of 1908), Section 2(2) The Non-Agricultural Tenancy Act, 1949 (XXIII of 1949), Section 24(11) In a suit for partition, after filing of the report along with the case map, field book, saham list by the Advocate Commissioner final decree takes effect and therea......cate Commissioner final decree takes effect and thereafter remains nothing to be done. Passing of the final decree in a partition Suit finally determines the rights of the co-sharers in the land. In a pre-emption proceeding under section 96 of the State Acquisition and Tenancy Act..Category: Property Law | Date: | Hits: 57
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