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Khandaker G. Najib Vs. Chair., Board of Directors, Agrani Bank, HO, Dhk & ors, 1997, 26 CLC (AD)
....€™s suit was decreed and the impugned orders dated 16-2-79 and 11-12-81 were declared to be void, illegal and without jurisdiction and the plaintiff were declared to be still in service in the eye of law with loss of 3 years seniority in service. The respondent bank preferred Title Appeal No. 94 of ......d in: 49 DLR (AD) (1997) 109. ......-Record- For the Appellant. Syed Abdur Rahman, Advocate instructed by Shamsul Haque Siddique, Advocate-on- Record — For the Respondents. Civil Appeal No. 15 of 1996 (From the Judgment and order dated 31-7-94 passed by the Administrative Appellate Tribunal in Appeal No. 59 of 1993) Jud..Category: Administrative Law | Date: | Hits: 131
Nurul Hussain Vs. Government of the Republic of Bangladesh, 1997, 26 CLC (AD)
....mitted to raise the same questions in different form. There is no occasion for review. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 108 ......Advocate, instructed by ANM Manzurul Hassan, Advocates-on-Record for the Petitioner. Not represented—Respondent. Civil Review Petition No. 19 of 1994. (From the Judgment and order dated August 25, 1994 passed by the Appellate Division in Civil Petition for Leave to App......cate, instructed by ANM Manzurul Hassan, Advocates-on-Record for the Petitioner. Not represented—Respondent. Civil Review Petition No. 19 of 1994. (From the Judgment and order dated August 25, 1994 passed by the Appellate Division in Civil Petition for Leave to Appeal ..Category: Administrative Law | Date: | Hits: 112
Ashraf Ali @ Asraf Ali Vs. State, 1997, 26 CLC (AD)
.... proceedings, although the reasons given are not the right reasons for doing the same. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 107 ...... Haque Siddique, Advocate-on-Record— For the Petitioner. Not represented— The Respondent. Criminal Petition for Leave to Appeal No. 255 of 1995. (From the judgment and order dated 9-7-95 passed by 2. The petitioner filed Criminal Revision No. the High Court Divis......ue Siddique, Advocate-on-Record— For the Petitioner. Not represented— The Respondent. Criminal Petition for Leave to Appeal No. 255 of 1995. (From the judgment and order dated 9-7-95 passed by 2. The petitioner filed Criminal Revision No. the High Court Division ..Category: Criminal Law | Date: | Hits: 99
Noor Jahan Begum and another Vs. State, 1996, 25 CLC (AD)
....Magistrate himself and the High Court Division acted properly in summarily rejecting the application. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 106. ......1997) 106. ......e Petitioner. Aftab Hossain Advocate-on-Record-For the Respondent No. 2 Not represented-Respondent No. 1. Criminal Petition for Leave to Appeal No. 166 of 1996. (From the Judgment and order dated 13-8-96 passed by the High Court Division in Criminal Misc. No. 3888 of 1996). Judgm..Category: Criminal Law | Date: | Hits: 149
Nasima Begum Vs. Government of Bangladesh, 1997, 26 CLC (AD)
....different considerations and no case for review had been made out in the application. 7. Leave was granted to consider the appellant’s submission that the High Court Division erred in law in not considering, that the respondents did not file any affidavit-in-opposition in the case a......a Begum………………. Appellant Vs. Government of the People’s Republic of Bangladesh, represented by the Secretary, Ministry of Home Affairs and others……………………Respondents Judgment ......the High Court Division in Writ Petition No. 478 of 1995). Judgment: Mustafa Kamal J: This appeal by leave by the writ petitioner is from the judgment and order dated 4-4-95 passed by a Division Bench of the High Court Division in Writ Petition No. 478 ..Category: Criminal Law | Date: | Hits: 99
Surat Sarder and others Vs. Afzal Hossain and others, 1997, 26 CLC (AD)
....ews and discharged the Rule by the impugned judgment and order. 5. Leave was granted to consider the submissions made for the appellants, that the lower appellate Court upon misconception of law and facts as to the cause of action for the suit and its maintainability in its present form wr......7) 99 ......he High Court Division in Civil Revision Case No. 348 of 1990). Judgment: Md. Abdur Rouf J: This appeal by leave by the plaintiffs is from the judgment and order dated May, 11, 1993 passed by the High Court Division in Civil Revision No. 384 of 1990 disch..Category: Property Law | Date: | Hits: 79
Chitta R Chakraborty being dead, his heirs Ashish C. & ors Vs. Md. A. Rob, 1997, 26 CLC (AD)
....ws: “The Kabala executed by the plaintiffs in favour of the defendant on 31 May 1977 and subsequently registered as kabala No. 1382 of 1978 be declared as fraudulent, void and not sustainable in law.” 4. The defendant denied the claim of the plaintiffs in a written statement. His plea was ......ivision (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J. Chitta Ranjan Chakraborty being dead, his heirs Ashish Chakraborty and others ……………Appellant Vs. Md. Abdur Rob alias Mvi. Md. Abdur Rob…………….......ker, Advocate-on-Record— For the Appellant. Gour Gopal Saha, Advocate, instructed by Shar Chaklader, Advocate-on-Record — For the Respondent. Appeal No. 93 of 1993 (From the judgment and order dated 4 November 1992 passed by the High Court Division in Criminal Miscellaneous Case No. 402..Category: Tenancy Law | Date: | Hits: 88
Fazlur Rahman (Md) Vs. Government of Bangladesh, 1997, 26 CLC (AD)
....orting to extend the petitioner’s service for two years as the Head master of Hammadia High School, situated within thana Kotwali, District Dhaka, with effect from 1.9.95, to have been made without lawful authority and to be of no legal effect and directing further the respondents of the writ peti......al J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Fazlur Rahman (Md) ………………...Petitioner Vs. Government of the People’s Republic of Bangladesh and others………… Respondents Judgment November 20, 1996. Result: The petition is d......ate instructed by Md. Nawab Ali, Advocate-on-Record— For Respondent No. 8. Not represented—Respondent Nos. 1-7. Civil Petition for Leave to Appeal No. 606 of 1996 (From the judgment and order dated 2-8-96 passed by the High Court Division in Writ Petition No. 1320 of 1996) Judgment ..Category: Constitutional Law | Date: | Hits: 163
Ali Ahmed & ors Vs. Nazimuddin P. being dead, his heirs Azimuddin P. & ors., 1997, 26 CLC (AD)
....r reconveyance in respect thereof. We therefore dwell upon the appeals respecting schedule I land. 10. The main grievance of the appellants that the High Court Division committed an error of law in reassessing the evidence as to tender of the consideration on 28 Magh 1365 BS has litttle g......7) 90 ......ondent Nos 18&19 (In both the appeals). Ex parte—Respondent Nos. 1, 3-17 and 20-25 (In both the Appeals). Civil Appeal Nos. 16 & 17 of 1988 (From the judgment and order dated 21 January 1985 passed by the High Court Division, Comilla Bench, in Second Appeal. Nos..Category: Property Law | Date: | Hits: 60
....tion dated September 24, 1986 and January 12, 1986, contained in Annexures-M and J respectively to the writ petition, so far as those relate to the writ petitioners (now the respondents), without any lawful authority and are of no legal effect.
2. The relevant facts, in brief, are, Rani Dino Moni......te Division
(Civil)
Present:
ATM Afzal CJ
Mustafa Kamal J
Latifur Rahman J
Md. Abdur Rouf J
Secretary, Ministry of Education, Government of the People’s Republic of Bangladesh and others………………..Respondents-Appellants
vs.
Md. Anwar Hossain and others………...... Court, instructed by Ranesh Chandra Maitra, Advocate- on-Record— For the Respondent No. 8.
Not represented—Respondent Nos. 1-7 & 9-11.
Civil Appeal No. 68 of 1992
(From the judgment and order dated 31-7-1990 passed by the High Court Division in Writ Petition No. 389 of 1986).
Judgme..
Category: Employment/Service Law | Date: | Hits: 95
Ezaher Meah & others Vs. Shaher Banu and others, 1997, 26 CLC (AD)
.... legal position we find no substance in the contention of the petitioners. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 85 ......l J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J Ezaher Meah & others.............................................. Petitioners Vs Shaher Banu and others……………………………&......rifuddin Chaklader, Advocate-on-Record — For the Petitioners. Not represented—Respondents. Civil Petition for Leave to Appeal No. 249 of 1996 (From the judgment and order dated 4 April 1996 passed by the High Court Division in Civil Order No. 944 of 1996). Ju..Category: Property Law | Date: | Hits: 73
Bangladesh House Building Finance Corpn. Vs. Jahan Ara Akhtar & others , 1997, 26 CLC (AD)
....me according to the provisions of President’s Order No. 7 of 1973 which gave rise to Misc. Case No. 64 of 1992. After hearing both the parties and considering the relevant provision of law, the learned District Judge dismissed the Misc. Case by his order dated 6-1-93 holding that the......ppellant. Dr. Kamal Hossain, Senior Advocate, instructed by Abdul Quasem, Advocate-on-Record — For the Respondents. Civil Appeal No. 54 of 1995 (From the judgment and order dated 5 January, 1995 passed by the High Court Division, Dhaka in Civil Revision No. 1419......lant. Dr. Kamal Hossain, Senior Advocate, instructed by Abdul Quasem, Advocate-on-Record — For the Respondents. Civil Appeal No. 54 of 1995 (From the judgment and order dated 5 January, 1995 passed by the High Court Division, Dhaka in Civil Revision No. 1419 of ..Category: Business or Commercial Law | Date: | Hits: 117
Khairunnessa being dead, her heirs F. Alam & ors Vs. Zobaida Nahar @ Zharna & ors, 1997, 26 CLC (AD)
....993 to the High Court Division. A Division Bench of the said Court, by the impugned judgment, allowed the appeal and sent back the case on remand to the trial Court for disposal in accordance with law on condition of payment of cost of Taka 12,000.00 by defendant within 3 weeks from the date of ...... Present: ATM Afzal CJ Latifur Rahman J Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Khairunnessa being dead, her heirs Feroz Alam and ors ……Appellants. Vs. Zobaida Nahar @ Zharna & ors…&hellip......ed by Sharifuddin Chaklader, Advocate-on-Record—For the Respondent No. 1. Ex-parte — Respondent Nos. 2 & 3. Civil Appeal No. 63 of 1995. (From the judgment and order dated 8 June 1995 passed by the High Court Division, Dhaka in FA No. 79 of 1993). Judgme..Category: Property Law | Date: | Hits: 82
Rupe Jahan Begum and others Vs. Lutfe Ali Chowdhury and others, 1997, 26 CLC (AD)
....he High Court Division in Civil Revision Nos. 89 of 1987 (Chittagong) and 1894 of 1991 (Dhaka) making the Rule absolute and sending the suit back to the trial Court for disposal in accordance with law and in the light of observations made in the judgment. 2. The decision of this appeal tu......e Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Rupe Jahan Begum and others……………………………&h......cate, instructed by Md. Aftab Hossain, Advocate-on-Record-For Respondent No. 1. Not represented— Respondent Nos. 2-7. Civil Appeal No. 65 of 1993. (From the judgment and order dated 18 April 1993 passed by the High Court Division, Dhaka in Civil Revision No. 89 of 1987..Category: Procedural Law | Date: | Hits: 140
Abdus Salam Sheikh and others Vs. Puspa Rani Shil and others, 1997, 26 CLC (AD)
....espondent Nos. 1 and 2 then approached the High Court Division with the aforementioned Writ Petition No. 64 of 1994 praying for a declaration that the order of the Land Appeal Board was without any lawful authority and obtained a Rule Nisi thereupon. The petitioners resisted the writ petition by...... (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Abdus Salam Sheikh and others …………………..Petitioners Vs. ...... Advocate-on-Record — For Respondent Nos .1 and 2. Not represented— Respondent Nos. 3-7. Civil Petition for Leave to Appeal No. 405 of 1996. (From the Judgment and order dated July 8, 1996 passed by the High Court Division in Writ Petition No. 64 of 1994) Judg..Category: Property Law | Date: | Hits: 72
Rezaul Karim and others Vs. Shamsuzzoha and others, 1997, 26 CLC (AD)
....judgment of the lower appellate Court is based on “misappreciation of evidence” and as such the suit was sent back on remand to the court of appeal below for disposal in accordance with law and in the light of the observations made in the judgment. 7. Leave was granted to cons......urt Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md Abdur Rouf J BB Roy Choudhury J. Rezaul Karim and others………………….. Appellant Vs. Sha....... Aftab Hossain Advocate-on-Record--For the Appellants. Miah Abdul Gafur, Advocate-on-Record--For the Respondent No. 1. Civil Appeal No. 3 of 1994 (From the Judgment and order dated 4-2-93 passed by the High Court Division in Civil Revision No. 497 of 1990). Judgm..Category: Property Law | Date: | Hits: 77
Mohsin Mia Vs. Bangladesh, 1997, 26 CLC (AD)
....foresaid principles and not on any legal right before any order of restraint is passed. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 66 ......ur Rahman J BB Roy Choudhury J. Mohsin Mia …………………..Petitioner Vs. Bangladesh represented by the Secretary Ministry of Forest and Environment & others ............Respondents Judgment January 21st, 1997 C......, Advocate on Record — For the Respondent No. 6. Not represented— Respondent Nos. 1-5. Civil Petition for Leave Appeal No. 49 of 1997. (From the judgment and order dated January 5, 1997 passed by the High Court Division, Dhaka in Writ Petitions No. 182 of 1..Category: Constitutional Law | Date: | Hits: 149
Reazuddin Ahmed (Md) Vs. State and another, 1996, 25 CLC (AD)
....ing the revisional application merely on ground of delay without considering the merit of the case. (ii) the conviction and sentence as passed against the petitioner being totally unsustainable in law and on facts, the learned Single Judge of the High Court Division ought to have condoned the del...... Appellate Division (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J BB Roy Choudhury J Reazuddin Ahmed (Md)……… …... Convict-Appellant Vs. State and another ……………….Respondents Judgment August 11, 1996. Result: The ......eneral, instructed by Mvi. Md. Wahidullah, Advocate-on-Record— For the Respondent No. 1. Not Represented — Respondent No. 2. Criminal Appeal No. 14 of 1996. (From the judgment and order dated 27-11-94 passed by the High Court Division in Criminal-Revision No. 1741 of 1994)...Category: Criminal Law | Date: | Hits: 78
Abdul Jalil Miah (Md) Vs. Niropama Ritchil and ors., 1997, 26 CLC (AD)
....in the affirmative and decreed the suit. It came to the findings that defendant No. 1 had no saleable interest in the suit land and so the possession of the plaintiff could not be construed as lawful, that the plaintiff had been in possession of the suit land since 1963 asserting his owners......ellip;………………………………………………..Appellant Vs. Niropama Ritchil and ors ……………………………&hel......ajjadul Huq, Advocate-on-Record—For Respondent No. 1. Not Represented — For the Respondent Nos. 2-5. Civil Appeal No. 42 of 1990. (From the judgment and order dated 13th March, 1989 passed by the High Court Division in Appeal from Original decree ..Category: Property Law | Date: | Hits: 72
Resima Sultana Vs. Khaez Ahmed Mojumder, 1997, 26 CLC (AD)
....f his salary for satisfaction of the decree. The family Court rejected his application taking the view, inter alia, that it was the option of the decree-holder to follow any procedure permitted by law to obtain satisfaction of the decree. The respondent took an appeal to the District Judge, Com......zair Farooq, Advocate-on-Record— For the Appellant Miah Abdul Gafur, Advocate-on-Record — For the Respondent Civil Appeal No. 97 of 1993 (From the judgment and order dated 22nd and 29th April, 1993 passed by the High Court Division in Civil Revision No.&...... Farooq, Advocate-on-Record— For the Appellant Miah Abdul Gafur, Advocate-on-Record — For the Respondent Civil Appeal No. 97 of 1993 (From the judgment and order dated 22nd and 29th April, 1993 passed by the High Court Division in Civil Revision No. ..Category: Family Law | Date: | Hits: 144
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