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Shahajadpur Central Co-operative Bank Ltd. Vs. Majibur Rahman and others, 1997, 26 CLC (AD)

....in holding that the revision was incompetent. 8. Mr. Akram Hossain Amin, learned Advocate-on-Record for the appellant, submits that the High Court Division has misconceived the very principle of law relating to the amendment of the plaint. 9. Order VI rule 17 CPC provides that the Court ma...... Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Shahajadpur Central Co-operative Bank Ltd……………….……………….Appellant Vs. Majibur Rahman and others………………….Respondents Judgment November 17, 1997. Result: The ap...... Akram Hossain Amin, Advocate-on-Record-For the Appellant. Shamsul Haque Siddique, Advocate-on-Record— For Respondent Nos. 1 and 2. Civil Appeal No. 55 of 1997. (From judgment and order dated 18-7-94 passed by a Single Bench High Court Division in Civil Revision No. 133 of 1990 (..

Category: Property Law | Date: | Hits: 83

Enjaheruddin Mia alias Md. Enjaheruddin Mia Vs. Mohammad Hossain and others, 1998, 27 CLC (AD)

....an defendant No. 2 along with he himself as the donee. It is asserted in the plaint that defendants Nos. 1-3 have no right, title and possession in the Suit land. 2. Defendant No. 3 and her son-in-law defendant No. 1, who is also a brother’s son of Haji Abdullah contested the Suit by filing a j......sent: ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Enjaheruddin Mia alias Md Enjaheruddin Mia………………..Petitioner Vs. Mohammad Hossain and others………………….Respondent Judgment July 31, 1997. Result: The petition ...... then moved the High Court Division in revision against the appellate decree and obtained Rule in Civil Revision No. 143 of 1994. A learned Single Judge of the High Court Division by his judgment and order dated 31-3-97 has discharged the Rule and upheld the decree of the lower appellate Court. ..

Category: Property Law | Date: | Hits: 93

Moulvi Md Khurshid Alam Vs. Bangladesh, 1997, 26 CLC (AD)

....by the Government in exercise of its powers under section 4 of the Act and, as such, the curtailment of said Anjadhat Union area from the nikah registration area of the petitioner has not been done unlawfully by the Government. 4. The learned Judges of the High Court Division by the impugned Judg...... Bimalendu Bikash Roy Choudhury J Moulvi Md Khurshid Alam ………………………………………………………… Petitioner Vs. Bangladesh, Secretary, Ministry of Law, Justice and Parliamentary Affairs and others............................Respondents Judgment November ......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 ..

Category: Employment/Service Law | Date: | Hits: 137

Advocate Md. Abdul Hamid Vs. Md. Fazlur Rahman, 1998, 27 CLC (AD)

....er is now seeking leave to appeal from the said order of the High Court Division. 8. The learned Counsel for the petitioner first contends that the High Court Division has fallen into an error of law in holding that there has been no non-compliance with the requirements of the provisions of arti...... Article 50 provides who are to be impleaded but does not prohibit any other person to be impleaded, considered necessary by the petitioner, for proper adjudication. So joining of Returning Officer and the Asst. Returning Officer in the election petition, though not contemplated under article 50, ......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). ..

Category: Election Law | Date: | Hits: 168

Aung Shwe Prue Chowdhury Vs. Kyaw Sain Prue Chowdhury and others, 1997, 26 CLC (AD)

....tion. If so made judiciary will not intervene. If extraneous considerations have influenced the executive decision the court has certainly the power to declare the selection to have been made without lawful authority, all the more so, because government will also not deny that the susceptibilities o......mal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Aung Shwe Prue Chowdhury....................Appellant Vs. Kyaw Sain Prue Chowdhury and others.................Respondents Judgment December 11, 1997. Result: The ......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 ..

Category: Civil Law | Date: | Hits: 203

Moon Garments Industries and others Vs. Janata Bank, 1997, 26 CLC (AD)

....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. ...... Court Appellate Division (Civil) Present: ATM Afzal J Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Moon Garments Industries and others …………………………..............Petitioners Vs. Janata Bank, Foreign ......-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..

Category: Civil Law | Date: | Hits: 137

Abdur Rahman and others Vs. Kheru Malitha and others, 1998, 27 CLC (AD)

....owed by a learned Single Judge of the said Court on 3 April, 1995. 3. The defendants now seek leave to appeal from the said order on the ground that the High Court Division committed an error of law in setting aside the concurrent judgment and decree of the Courts below while according permissi......8) 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..

Category: Property Law | Date: | Hits: 77

Government of Bangladesh Vs. Paresh Chandra Gharami and others, 1998, 27 CLC (AD)

....ession of the plaintiff-respondents in the suit land, which have been maintained by the High Court Division, finds it difficult to assail the Impugned judgment of the High Court Division. No point of law of public importance is involved in this case. The petition is, therefore, dismissed. ......M 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……Plaintiff- respondents Judgment May 15, 1997. Result: T......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 ..

Category: Property Law | Date: | Hits: 73

Gazi Shamsul Hoque Vs. Deputy Commissioner, Dhaka and another, 1997, 26 CLC (AD)

....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. ......al J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Gazi Shamsul Hoque……………………………….........Petitioner Vs. Deputy Commissioner, Dhaka and another…...…Respondents Judgment November 16, 1997. Result: The petition is d......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...

Category: Employment/Service Law | Date: | Hits: 115

Golam Sarwar (Md) & others Vs. Md Liakat Ali and others, 1997, 26 CLC (AD)

....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. ......(Civil) Present: ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Golam Sarwar (Md) & others…………Petitioners Vs. Md Liakat Ali and others........Respondents Judgment July 29, 1997. Result: The petition is dismisse......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..

Category: Property Law | Date: | Hits: 74

Bangladesh Vs. AM Mansur Ahmed & others, 1997, 26 CLC (AD)

.... 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. ......�…………….Appellant Vs. AM Mansur Ahmed & others………….. Respondents Judgment May 4, 1997. Result: The appeal is allowed. The Government Servants (Discipline and Appeal) Rules, 1985, Rules 2(f), 3(b), 3(d) & 4(5) The penalty for corruption and miscond...... 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..

Category: Administrative Law | Date: | Hits: 145

Bangladesh Telegraph and Telephone Board Vs. Lithi Enterprises Limited, 1997, 26 CLC (AD)

....lid. The appeal was accordingly dismissed by the impugned judgment and order. 9. Leave was granted to consider whether the aforesaid findings of the High Court Division were contrary to facts and law applicable in the matter and further whether the award was otherwise vague and unenforceable and......eme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh Telegraph and Telephone Board …………………………Defendant-Appellant Vs. Lithi Enterprise......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..

Category: Alternative Dispute Resolution | Date: | Hits: 234

Abdul Jalil and others Vs. Sharon Laily Begum Jalil, 1997, 26 CLC (AD)

.... 4 writ petitions under Article 102(2) (b)(i) of the Constitution of the People’s Republic of Bangladesh alleging that the said children were being held in custody by the father Abdul Jalil without lawful authority and/or in an unlawful manner and further seeking an order for the custody of those ...... here Supreme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Abdur Rouf J Bimalendu Bikash Roy Choudhury J Abdul Jalil and others………………………….. Appellant Vs. Sharon Laily Begum Jalil………�......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..

Category: Family Law | Date: | Hits: 250

Jahanara Begum Vs. Md. Aminul Islam Chowdhury and others, 1997, 26 CLC (AD)

....No.4 was added as a defendant by the trial Court. 6. The trial Court on consideration of the materials on record both oral and documentary held as follows: “I hold and decide that plaintiff lawfully entered into a contract of purchase of the suit land from defendant Nos. 1 and 2 by Ext. 1 ......Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Jahanara Begum……………………………………………………… Defendant-Appellant Vs. Md. Aminul Islam Chowdhury and others………………….Plaintiff-Respondents Judgment February 5, 1997. Res...... 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..

Category: Property Law | Date: | Hits: 86

Hasna Banu & others Vs. Keamat Ullah Malitha and others, 1997, 26 CLC (AD)

.... 1979 on 27-9-84, reversing the judgment and decree dated 30-6-79 passed by the Munsif 2nd Court, Kushtia in TS No. 68 of 1977. 2. The plaintiff who is the mother of defendant No. 2 and mother-in-law of defendant No.1 filed the suit against them for a declaration that registered kabala dated 17-......zal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Hasna Banu & others……………Defendant Appellant Vs. Keamat Ullah Malitha and others ……...Plaintiff-Respondents Judgment June 9, 1997. Result: The appeal is......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..

Category: Procedural Law | Date: | Hits: 154

Utpal Kanti Das Vs. Monju Rani Das, 1997, 26 CLC (AD)

....22, 1997. Result: The appeal is dismissed. Marriage according to Hindu Law Once celebration of a marriage in fact 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......1997. Result: The appeal is dismissed. Marriage according to Hindu Law Once celebration of a marriage in fact 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 cer......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..

Category: Family Law | Date: | Hits: 212

Bangladesh Vs. Shafiuddin and Others, 1997, 26 CLC (AD)

..... These notifications have the precision of rules and are general in nature in their application to promotion to the posts of Joint Secretary and above and Deputy Secretary and they have the force of law…………..(42) The Constitution of Bangladesh, 1972, Articles 27, 29 (1) and 55 (4) (...... Latifur Rahman J Md. Abdur Rouf J Bimanendu Bikash Roy Chowdhury J Bangladesh represented by the Secretary, Ministry of Establishment……………Appellant Vs. Shafiuddin Ahmed and 2 others …………………………………………………Respondents (In Civil Appeal N......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..

Category: Constitutional Law | Date: | Hits: 185

Dr. Waliar Rahman Vs. Bangladesh and others, 1997, 26 CLC (AD)

....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. ......sent: 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 dismi...... 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 ..

Category: Others | Date: | Hits: 112

Samad Sikdar and others Vs. State, 1997, 26 CLC (AD)

.... was lodged by PW 1 Faizur Rahman, brother of deceased Hatem Sikder alleging that the accused-petitioners along with others on 11-9-89 at about 8-00 AM being armed with deadly weapons by forming an unlawful assembly came to cut away jute from the land of deceased Hatem Sikder who tried to resist the......ns) Judgment April 30, 1997. Result: The petitions are dismissed. The Evidence Act, 1872 (1 of 1872), Section 5 In both dying declarations names of the assailants are identical and the second dying declaration being nearer to death the learned judges rightly believed the same.......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)...

Category: Procedural Law | Date: | Hits: 157

State Vs. Raihan Ali Khandker and others, 1997, 26 CLC (AD)

....atun, accused-respondent No. 3, who was divorced by him prior to his death and thereafter she married Md. Raihan Ali Khandker, accused respondent No. 1. Said Rashida Khatun claiming herself to be the lawful wife of Mojahar Ali Mollah claimed the said property left behind by Mojahar Ali and on 11-10-...... Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J State…………………….Petitioner Vs. Raihan Ali Khandker and others………………Respondents Judgment April 1, 1997. Result: The peti......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..

Category: Procedural Law | Date: | Hits: 120

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