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Moulvi Md Khurshid Alam Vs. Bangladesh, 1997, 26 CLC (AD)
....l J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Moulvi Md Khurshid Alam ………………………………………………………… Petitioner Vs. Bangladesh, Secretary, Ministry of Law, Justice and Parliamentary Affairs and others...........................vernment’s powers under section 4 of the Act is concerned. This petition, thus, merits little consideration. It is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 82. ......ule 10 (2) Appointment of a new Nikah registrar on curtailment of one union from the jurisdiction of the petitioner does not amount to revocation of his licence for that union but is manifestly an order of curtailment of the Nikah Registration area for the benefit of the local people and passing ......vernment’s powers under section 4 of the Act is concerned. This petition, thus, merits little consideration. It is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 82. ..Category: Employment/Service Law | Date: | Hits: 137
Advocate Md. Abdul Hamid Vs. Md. Fazlur Rahman, 1998, 27 CLC (AD)
....ndent Judgment February 15, 1998. Result: The petition is dismissed. The Representation of People Order, 1972, Art. 50, 51(2) & 58 (a) Article 50 provides who are to be impleaded but does not prohibit any other person to be impleaded, considered necessary by the petitioner,......reason to differ from the said view. For all these reasons we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 80. ......ftab Hossain, Advocate-on-Record— For the Petitioner. Md. Sajjadul Huq, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 121 of 1998. (From the Judgment and order dated 19 November 1997 passed by the High Court Division in Civil Order No. 4167 of 1997). ......reason to differ from the said view. For all these reasons we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 80. ..Category: Election Law | Date: | Hits: 168
Aung Shwe Prue Chowdhury Vs. Kyaw Sain Prue Chowdhury and others, 1997, 26 CLC (AD)
....desh Gazette on 21-11-96 is declared to have been made and issued without lawful authority and of no legal effect. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 73. ......gladesh Gazette on 21-11-96 is declared to have been made and issued without lawful authority and of no legal effect. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 73. ......rder dated 12-1-97 passed by the High Court Division in Writ Petition No. 5101 of 1996). Judgment Mustafa Kamal J. - This appeal by leave by the writ petitioner is from the judgment and order dated 12-1-97 passed by a Division Bench of the High Court Division in Writ Petition No. 5101 ......gladesh Gazette on 21-11-96 is declared to have been made and issued without lawful authority and of no legal effect. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 73. ..Category: Civil Law | Date: | Hits: 203
Moon Garments Industries and others Vs. Janata Bank, 1997, 26 CLC (AD)
....s filed written statement on 21-3-96 and shortly before the date of final hearing (22-4-97) defendant No.4 filled application on 11-3-1997 for leave to deliver interrogatories under Order XI rule 1 read with section 151 of the Code of Civil Procedure. The learned Subordinate Judge by order dated 22-......inding of the High Court Division that the writ petition was misconceived. And so is this petition which is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 72. ......-4-97) defendant No.4 filled application on 11-3-1997 for leave to deliver interrogatories under Order XI rule 1 read with section 151 of the Code of Civil Procedure. The learned Subordinate Judge by order dated 22-4-97 rejected the prayer of the defendant upon the view that the plaintiff was prepar......inding of the High Court Division that the writ petition was misconceived. And so is this petition which is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 72. ..Category: Civil Law | Date: | Hits: 137
Abdur Rahman and others Vs. Kheru Malitha and others, 1998, 27 CLC (AD)
....draws from his suit without seeking permission to sue afresh as contemplated under rule 1(2), the plaintiff is precluded from instituting any fresh Suit in respect of the subject-matter or the claim made in the suit so withdrawn. The withdrawal of a suit by necessary implication ………….. the e......etition is out of time by 33 days and the explanation for the delay is satisfactory. For all these reasons the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 71. ...... Shahab uddin Ahmad, Advocate-on-Record — For the Respondent Nos.1-5. Not Represented— Respondent Nos. 6-39. Civil Petition for Leave to Appeal No. 577 of 1995. (From the judgment and order dated 3 April, 1995 passed by the High Court Division in Civil Revision No. 889 of 1987). J......etition is out of time by 33 days and the explanation for the delay is satisfactory. For all these reasons the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 71. ..Category: Property Law | Date: | Hits: 77
Government of Bangladesh Vs. Paresh Chandra Gharami and others, 1998, 27 CLC (AD)
....Supreme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of Bangladesh………………..Defendant-Petitioner Vs. Paresh Chandra Gharami and others……Pla......the High Court Division. No point of law of public importance is involved in this case. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 70. ......al No. 688 of 1996. Judgment Md. Abdur Rouf J.- This petition for leave to appeal by Bangladesh, defendant-petitioner represented by the Deputy Commissioner Barisal, is from the judgment and order 19-8-1996 passed by a learned Single Judge High Court Division in Civil Order No. 265 of 1996 ......the High Court Division. No point of law of public importance is involved in this case. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 70. ..Category: Property Law | Date: | Hits: 73
Gazi Shamsul Hoque Vs. Deputy Commissioner, Dhaka and another, 1997, 26 CLC (AD)
....o. 140 of 1992 in the 3rd Court of Assistant Judge, Dhaka for a declaration that the order dated 19-9-92 passed by the Higher and Secondary Education Board Dhaka for reinstating respondent No. 2 as Headmaster of the said School was illegal. The suit was dismissed by judgment and decree dated 10-8-94......ight of respondent No. 2 we are not inclined to interfere in the matter. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 69. ......l Petition for Leave to Appeal No. 967 of 1997. Judgment Mustafa Kamal J. - This petition for leave to appeal by the writ petitioner of Writ Petition No.1799 of 1994 is from the judgment and order dated 30-7-97 passed by a Division Bench of the High Court Division discharging the Rule Nisi.......ight of respondent No. 2 we are not inclined to interfere in the matter. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 69. ..Category: Employment/Service Law | Date: | Hits: 115
Golam Sarwar (Md) & others Vs. Md Liakat Ali and others, 1997, 26 CLC (AD)
....……………………………(6) Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate instructed by Md Nawab Ali, Advocate- on-Record— For the Petitioner. Sharifuddin Chaklader, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No. 478 of 199......te Court, We do not find any legal infirmity in the impugned judgment which calls for any interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 67. ......li, Advocate- on-Record— For the Petitioner. Sharifuddin Chaklader, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No. 478 of 1997. (From the judgment and order dated 25-2-1997 passed by the High Court Division in Civil Revision No. 2985 of 1994). Judg......te Court, We do not find any legal infirmity in the impugned judgment which calls for any interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 67. ..Category: Property Law | Date: | Hits: 74
Bangladesh Vs. AM Mansur Ahmed & others, 1997, 26 CLC (AD)
....) (1998) 65. ...... without any order as to costs and the orders of the Administrative Tribunal and the Administrative Appellate Tribunal be set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 65. ...... Advocate instructed by ANM Manjurul Hassan, Advocate- on-Record— For the Respondent No.1. Not represented—Respondent Nos. 2 and 3. Civil Appeal No. 29 of 1995. (From the judgment and order dated 23 February 1995 by the Administrative Appellate Tribunal passed in Appeal Nos. 58 of 19...... without any order as to costs and the orders of the Administrative Tribunal and the Administrative Appellate Tribunal be set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 65. ..Category: Administrative Law | Date: | Hits: 145
Bangladesh Telegraph and Telephone Board Vs. Lithi Enterprises Limited, 1997, 26 CLC (AD)
....998) 63. ......e appeal is not well founded and liable to be dismissed. In the result, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 63. ......structed by Shamsul Haque Siddique, Advocate-on-Record — For the Appellant. Md. Nawab Ali, Advocate-on-Record — For the Respondent. Civil Appeal No. 66 of 1994. (From the judgment and order dated 17th January, 1994 passed by the High Court Division in First Miscellaneous Appeal No. 1......e appeal is not well founded and liable to be dismissed. In the result, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 63. ..Category: Alternative Dispute Resolution | Date: | Hits: 234
Abdul Jalil and others Vs. Sharon Laily Begum Jalil, 1997, 26 CLC (AD)
....rt concerned, the British High Commission at Dhaka and the Ministry of Home Affairs (for attention of the immigration authorities). Ed. This Case is also Reported in: 50 DLR (AD)(1998) 55. ......u children to the jurisdiction of the said court and further directing that respondent No.1 forthwith hand over the children to the physical care of the petitioner(mother) and that they remain in the interim care and control of the mother until further order. 8. She alleged that in the circumsta......corpus for custody of minor children Normally the minor children should be with their mother as long as she does not earn any disqualification for such custody and there is a breach of this normal order brought about by an unilateral act of the father or anybody on his behalf, the aggrieved mothe......Court concerned, the British High Commission at Dhaka and the Ministry of Home Affairs (for attention of the immigration authorities). Ed. This Case is also Reported in: 50 DLR (AD)(1998) 55. ..Category: Family Law | Date: | Hits: 250
Jahanara Begum Vs. Md. Aminul Islam Chowdhury and others, 1997, 26 CLC (AD)
....No. 167 of 1975 decreeing the suit. 2. The plaintiff-respondent filed the aforesaid suit for specific performance of contract. The case of the plaintiff is that the Suit lands comprising of homestead, orchard, tank, etc. belonged to defendant Nos. 1 and 2 who entered into a contract with the plai......id provision of law. Consequently, the appeal is dismissed without any order as to costs and the suit is decreed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 52; 2 MLR (AD) 112. ...... Ahmed, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Respondent. Not represented—Respondent Nos. 2-4. Civil Appeal No. 38 of 1996. (From the Judgment and order dated 23-2-95 passed by the High Court Division in civil revision No.577 of 1987). Judgment......id provision of law. Consequently, the appeal is dismissed without any order as to costs and the suit is decreed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 52; 2 MLR (AD) 112. ..Category: Property Law | Date: | Hits: 86
Hasna Banu & others Vs. Keamat Ullah Malitha and others, 1997, 26 CLC (AD)
....he plea that his mother executed and registered the same in her favour after getting consideration of Taka 3,000.00. Plaintiff’s other sons are serving in different places of the country and taking advantage of the illness of the plaintiff, defendant No. 2 took her to Bheramara for better treatmen...... Court on the question of limitation and decreed the suit. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 50, 18 BLD (AD) 10. ......ion. ………………(10) Lawyers Involved Md. Nawab Ali, Advocate-on-Record—For the Appellants. Ex-parte — the Respondents. Civil Appeal No. 5 of 1993 (From the Judgment and order dated 27-2-92 passed by the High Court Division in Civil Revision No. 5913 of 1991(Dhaka), Ci...... Court on the question of limitation and decreed the suit. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 50, 18 BLD (AD) 10. ..Category: Procedural Law | Date: | Hits: 154
Utpal Kanti Das Vs. Monju Rani Das, 1997, 26 CLC (AD)
....is established, there shall be a presumption of there being a marriage in law and observance of essential ceremonies even though every aspects of the elaborate program of the ceremonies such as saptapadi are not strictly observed…………………(17, 18 & 19) Lawyers Involved: SR Karm......ance of any of the essential ceremonies, such as Saptapadi. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 47. ......e-on-Record— For the Appellant. SS Halder, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record — For the Respondent. Civil Appeal No. 41 of 1996. (From the judgment and order dated 6 February 1994 passed by the High Court Division in Civil Order No. 653 of 1994). J......ance of any of the essential ceremonies, such as Saptapadi. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 47. ..Category: Family Law | Date: | Hits: 212
Bangladesh Vs. Shafiuddin and Others, 1997, 26 CLC (AD)
.... 27, 3 BLC (AD) 6. ......d. In view of our decision as above the three applications for being added as parties to the appeals are rejected. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 27, 3 BLC (AD) 6. ......ons are dismissed. The Constitution of Bangladesh, 1972, Article 55 (4) and 133 (i) Notifications dated 10.10.91 and 4.12.1991 (constituting council committee for promotion) were issued under orders of the President, i.e. in terms of Article 55 (4) of the Constitution and have been issued un......d. In view of our decision as above the three applications for being added as parties to the appeals are rejected. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 27, 3 BLC (AD) 6. ..Category: Constitutional Law | Date: | Hits: 185
Dr. Waliar Rahman Vs. Bangladesh and others, 1997, 26 CLC (AD)
.... Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Dr. Waliar Rahman…………………. Petitioner Vs. Bangladesh and others.......... Respondents Judgment March 20, 1997. Result: The petition is......ly prayer that the writ-petitioner can make now is to pray for an early hearing of the writ petition. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 26. ...... and others.......... Respondents Judgment March 20, 1997. Result: The petition is dismissed. The Constitution of Bangladesh, 1972, Article 102 The High Court Division vacated the order of stay granted earlier and refused to grant stay any further, the matter relating to dispute ......ly prayer that the writ-petitioner can make now is to pray for an early hearing of the writ petition. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 26. ..Category: Others | Date: | Hits: 112
Samad Sikdar and others Vs. State, 1997, 26 CLC (AD)
....50 DLR (AD)(1998) 24. ...... Judges of the High Court Division in appeal, the same calls for no interference. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 24. ......d- For Petitioners (In both the Petitions). Not Represented — the Respondents (In both Petitions). Criminal Petition for Leave to Appeal Nos. 134 and 135 of 1995. (From the Judgment and order dated 5-7-95 passed by the High Court Division in Criminal Appeal Nos. 1901 and 2023 of 1991)....... Judges of the High Court Division in appeal, the same calls for no interference. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 24. ..Category: Procedural Law | Date: | Hits: 157
State Vs. Raihan Ali Khandker and others, 1997, 26 CLC (AD)
....used persons on uncorroborated opinion of handwriting and finger print expert………………………..(8) Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Shaifuddin Chaklader, Advocate-on-Record— For the Petitioner. Not Represented— the Respondents. Criminal......orroborated opinion of handwriting and fingerprint expert. We do not find any ground for interfere. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 23. ......sed by the High Court Division is Criminal Revision No. 203 of 1991). Judgment Mustafa Kamal J. - The State as petitioner has preferred this petition for leave to appeal from the judgment and order of acquittal dated 4-5-95 passed by a learned Single Bench of the High Court Division in Crimi......orroborated opinion of handwriting and fingerprint expert. We do not find any ground for interfere. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 23. ..Category: Procedural Law | Date: | Hits: 120
Islam Steel Mills Ltd. Vs. Nirman International Ltd. and others, 1998, 27 CLC (AD)
....ying to withdraw bills from the Bangladesh Bank to defraud the plaintiff and to frustrate the suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 21. ...... trying to withdraw bills from the Bangladesh Bank to defraud the plaintiff and to frustrate the suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 21. ......Sharifuddin Chaklader, Advocate-on-Record— For Respondent No. 4. Not Represented—Respondent Nos. 1-3, 5-10. Civil Petition for Leave to Appeal No. 392 of 1997 (From the judgment and order dated February 5, 1997 passed by the High Court Division, Dhaka in FMA No. 15 of 1996). Ju...... trying to withdraw bills from the Bangladesh Bank to defraud the plaintiff and to frustrate the suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 21. ..Category: Procedural Law | Date: | Hits: 134
Bangladesh Bar Council Vs. Khawja Abdul Gani and another, 1997, 26 CLC (AD)
....AD)(1998) 18. ......ent case, although offence of this nature is not compoundable. Consequently, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 18. ...... AR Yusuf, Senior Advocate, instructed by M Nawab Ali, Advocate-on-Record—For the Respondent No.1. Not represented—Respondent No. 2. Civil Appeal No. 6 of 1996 (From the judgment and order dated 27-11-94 passed by the High Court Division in Appeal from Original Order No. 80 of 1994)......ent case, although offence of this nature is not compoundable. Consequently, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 18. ..Category: Others | Date: | Hits: 105
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