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Bangladesh Vs. Shafiuddin and Others, 1997, 26 CLC (AD)
....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...... vs. Union of India, AIR 1986 (SC) 555); (Union of India vs. Majji, AIR 1977 (SC) 757; Sethi vs. Union of India, AIR 1975 (SC) 2164; Mehta vs. Union of India, AIR 1977 (SC) 1673); Dr. Nurul Islam vs. Government of Bangladesh, 33 DLR (AD) 201; Ajay Hasia vs. Khalid Mujib Sarwardi, (1981) 1 SCC 487 = ..Category: Constitutional Law | Date: | Hits: 185
Dr. Waliar Rahman Vs. Bangladesh and others, 1997, 26 CLC (AD)
.... 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 ......igh Court Division, Dhaka in Writ Petition No. 66 of 1997). Judgment ATM Afzal CJ. - The petitioner, Chairman of Barabaria Union Parishad PS Chitalmari, District Bagerhat, was suspended by the Government by an order dated 1-12-96. He filed writ petition No. 66 of 1977 on 2-1-97 challenging th..Category: Others | Date: | Hits: 112
Samad Sikdar and others Vs. State, 1997, 26 CLC (AD)
....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)
....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)
....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)
.... 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
Mansur Ali Sikder Vs. Kanailal Banaajee & others, 1997, 26 CLC (AD)
....ol authority as a witness with a prayer for issuance of summons to it. Another prayer was also made for local inspection. Both the prayers were heard together and the learned Subordinate Judge, by an order dated 28 October 1996, rejected the same. Being aggrieved defendant No. 3 moved the High Court......committed any error of law leading to a failure of justice. No interference is therefore called for. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 14. ..Category: Property Law | Date: | Hits: 82
Moslemuddin (Md) and others Vs. Md. Jonab Ali and another, 1997, 26 CLC (AD)
....arcel of land measuring .49 acre owned by defendant No. 1. Jonab Ali who has his homestead thereon. The plaintiffs claim that defendant No. 1 who needed money for purchase of land at mouza Bangola in order to shift his homestead there from proposed to sell the same to them in the first part of the m......ng with the judgment of the appellate Court, which we uphold. This appeal is, accordingly, dismissed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 13; 17 BLD (AD) 328. ..Category: Property Law | Date: | Hits: 88
Al-Haj Abul Basher Vs. Bangladesh and others, 1997, 49 CLC (AD)
....tructed by Mvi. Md Wahidullah, Advocate-on-Record- For the Petitioners. Not Represented—the Respondents. Civil Petition for Leave to Appeal No. 129 of 1997. (From the judgment and order passed by the High Court Division in Writ Petition No. 84 of 1992). Judgment Latif......lines within the Ministries for their own purpose any instructions thereof do not create any legal right in favour of the petitioner who is seeking for return of the unutilized acquired land from the Government. The CDA with the approval of the Government prepared plots and distributed those to the ..Category: Property Law | Date: | Hits: 81
Azizur Rahman alias Md. Azizur Rahman Vs. Bangladesh, 1997, 26 CLC (AD)
....rs of jurisdiction that the High Court Division enjoys, provided the matter is urgent. It is the urgency of the matter which gives jurisdiction to the Single Vacation Judge, who, if satisfied that an order of a regular Division Bench passed before the vacation has to be kept in abeyance during the p......ivil) Present: ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Azizur Rahman alias Md. Azizur Rahman……….………… Appellant Vs. Government of Bangladesh represented by the Secretary, Ministry of Housing and Public Works and othe..Category: Procedural Law | Date: | Hits: 138
Abdus Samad Akand and others Vs. Abdul Halim Miji and others, 1997, 26 CLC (AD)
....ies so as to be entitled to retain their possession against their co-sharers till the legal partition by way of permanent injunction and hence the High Court Division was correct in setting aside the order of injunction passed by the Court below. Case Referred to- Moharram Ali vs. Mohammad ......fere with the impugned judgment of the High Court Division. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 6. ..Category: Property Law | Date: | Hits: 83
Bangladesh Shilpakala Academy Vs. Shahidul Islam and another, 1997, 26 CLC (AD)
....Judgment January 23, 1997. Result: The appeal is dismissed. Dismissal From Service Only the appointing authority is authorised in terms of rule 4(6) of the Rules of 1985 to pass the order of dismissal. The Director General could take all steps under the rules but to pass an order o......(Act No. XXII of 1989) which is in force. On 18-5-79 the respondent tendered his resignation in protest against certain misdeed of the then Director General. Subsequently, however, it was held by the Government that the acceptance of resignation by the Director General was not according to law and, ..Category: Employment/Service Law | Date: | Hits: 145
Giasuddin (Md) Vs. MV Forum Power and ors, 2001, 30 CLC (AD)
....nt. Mvi. Md Wahidullah, Advocate-on-Record—For Respondent No. 4. Ex-parte—Respondent Nos. 1-3, 5-9. Civil Appeal No.13 of 1999. (From the judgment and order dated 3-8-1999 passed by the High Court Division in Admiralty Suit No.48 of 1996). ......realisation of Taka 11,59,882.25 with cost against the defendant respondent Nos. 1-5 as prayed for. Ed. This Case is also Reported in: 53 DLR (AD) (2001)19 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 202
Nazem Uddin Vs. Election Tribunal & Others, 2001, 30 CLC (AD)
.... amendments can not be struck down. ……………………(11) (ii) The High Court Division should not entertain writ petitions against interlocutory orders passed by the Election Tribunal in the interest of speedy disposal of election petitions &h................................Respondents Judgment July 9, 2000. The Union Parishad (Election) Rules, 1983, Rule 45 The Local Government (Union Parishad) Ordinance, 1983 (LI of 1983), Sections 26 and 29 (..Category: Election Law | Date: | Hits: 109
Abdul Jalil and others Vs. Islamic Bank Bangladesh Ltd and others, 2000, 29 CLC (AD)
....tructed by AKM Shahidul Huq Advoqate-on-Record - For Respondent No. 1. Not Represented — Respondent Nos. 2-12. Civil Petition for Leave to Appeal No. 125 of 2000. (From the Judgment and order dated 18th November, 1999 passed by the High Court Division in Civil Revision No. 2757 of 1999......rrect appreciation of both law and fact. There is therefore no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 12. ..Category: Property Law | Date: | Hits: 101
Shahid Miah Vs. State, 2000, 30 CLC (AD)
....dvocate instructed by Md. Nawab Ali, Advocate-on-Record—For the Petitioners. Not resented—The Respondents. Criminal Petition for Leave to Appeal No. 208 of 1999. (From the judgment and order dated 7-7-1999 passed by the High Court Division in Criminal Misc Case No. 4023 0f 1999). ...... section 561A Cr.P.C. by the High Court Division. 6. The submissions do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 11. ..Category: Criminal Law | Date: | Hits: 109
Hosne Ara Begum and another Vs. Islami Bank Bangladesh Limited, 2000, 29 CLC (AD)
....he Petitioners. Md. Nazrul Islam, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Respondent. Civil Petition for Leave to Appeal No. 914 of 1998. (From the Judgment and order dated 15-6-1998 passed by the High Court Division in Civil Revision No. 2038 of 1994). Jud......ory power under Article 109 of the Constitution is not available. For the following reason stated above, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 9. ..Category: Business or Commercial Law | Date: | Hits: 148
Shah Sufi Taj Islam Vs. Begum Rokeya Chowdhury and another, 2000, 29 CLC (AD)
....e Petitioner Md. Nawab Ali, Advocate-on-Record— For Respondent No. 1. Not represented— Respondent No. 2. Civil Petition for Leave to Appeal No. 70 of 1998. (From the Judgment and order dated 2-3-1997 passed by the High Court Division in Civil Revision No. 1469 of 1992). Jud......and and for that she wanted to take loan from the House Building Finance Corporation and that defendant No. 1 assured her of getting loan easily and quickly and that defendant No. 2, Secretary of the Government of Bangladesh, was a co-disciple of the plaintiff and was attached to defendant No. 1. De..Category: Civil Law | Date: | Hits: 162
Mahmudul Islam alias Ratan vs. State, 2000, 29 CLC (AD)
.... an explanation that due to fear of his life he did not disclose immediately to the police details of the occurrence and finding the same satisfactory and considering the present condition of law and order situation in the country and finding no infirmity in the statement of this witness before the ......uch evidence as incredible. A belated statement in court, if can stand the scrutiny of cross-examination, can be believed if not otherwise unbelievable. ………………(16) Case Referred to- Government of Bangladesh Vs. Giasuddin and others, 4 MLR (AD) 29 = 51 DLR (AD) 103. Lawyers Invol..Category: Criminal Law | Date: | Hits: 108
Tara Mia & others Vs. Taru Mia & others, 2006, 35 CLC (AD)
....ocument of they year 1935 should be disbelieved. The respondents submitted certified copy of this registered kabala of the year 1935 Ext. A by a separate paper book. They also filed photo copy of the order dated 13.08.1960 passed by Assistant Settlement Officer, Sylhet in objection Case No. 629 unde......e, we are of the view that the High Court Division did not commit any error in allowing the appeal. Accordingly, the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 76
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