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Jahanara Begum and others Vs. Hazera Khatun, 2003, 32 CLC (AD)
....6, however, purchased the suit land from the plaintiff Jahanara Begum but meanwhile respondent No. 7 the appellant in Civil Appeal No. 439 of 2001 filed Miscellaneous Case No. 1 of 1996 under Order 9 Rule 13 of the Code of Civil Procedure and upon contested hearing Miscellaneous Case was allowed set......oth the Appeals) Judgment May 12, 2003. Result: Appeals are allowed. Cases Referred to- Golam Kader Vs. Abdul Khaleque Choukder, 43 DLR (AD) 107, AIR 1931 PC 162. Lawyers Involved: T. H. Khan, Senior Advocate, (Mr. A. Quayum, Advocate with him), instructed b..Category: Contract Law | Date: 12 May, 2003 | Hits: 251
State Vs. Md. Motiur Rahman & anr., 2004, 33 CLC (AD)
....03 preferred by the appellant against the judgment and order dated 5‑1-2003 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No. 9916 of 2002 making the Rule absolute and enlarging the respondents on bail. 2. The prosecution case, in short,......section 164 of the Code, when there is strong circumstantial evidence, cannot be taken into consideration for granting bail to an accused of a murder case………..(14) Lawyers Involved: Abdur Razaque Khan, Additional Attorney‑General, instructed by ..Category: Criminal Law | Date: 12 May, 2003 | Hits: 74
Chan Miah (Md) Vs. Md. Dabirul Islam Khan & ors., 2004, 33 CLC (AD)
....successfully moved the High Court Division. 3. Mr. Mahbubey Alam, the learned Counsel appearing for the petitioner, submits that the High Court Division erred in law in discharging the Rule affirming the order passed by the learned Subordinate Judge, allowing the application for co-a......onsideration money together with compensation prior to determination of important issues, would not be an illegality. Case Referred to- Wahab Ali vs Kadem Ali 14 DLR 204. Lawyers Involved: Mahbubey Alam, Senior Advocate instructed by M Khaled Ahmed, Advocate̴..Category: Property Law | Date: 5 May, 2003 | Hits: 141
Bangladesh Biman Corporation, represented by MD Vs. Rabia Bashri Irene and others, 2003, 32 CLC (AD)
....wo leave petitions have been filed against the common judgment dated March 5, 2000 passed by a Division Bench of the High Court Division in Writ Petition Nos. 2578 of 1998 and 2498 of 1998 making the Rules absolute and declaring "that the petitioners are entitled to be absorbed in the similar way th......een held by the High Court Division as discriminatory and further the discrimination so made being violative of the Article 28 of the Constitution is not legal……………………………(10) Lawyers Involved: Rokanuddin Mahmud, Senior Advocate, instructed by Sufia Khatun, Advocate‑onâ€..Category: Employment/Service Law | Date: 30 Apr, 2003 | Hits: 164
Khandaker Abdul Hannan Vs. Sayara Begum, and anr., 2004, 33 CLC (AD)
....inst the judgment and order dated July 11, 1996 of a Single Bench of the High Court Division in Criminal Revision No. 801 of 1991 (Dhaka)/ /Criminal Revision No. 34 of 1987 (Comilla) discharge the Rule obtained against the judgment and order dated March 30, 1987 of the Court of Sessions Judge, B......aker Abdul Hannan............................Appellant Vs. Sayara Begum, and another............Respondent Judgment April 22, 2003. The Muslim Family Laws Ordinance, 1961 (V111 of 1961) Section 6(5) Offence under section 6(5) is not comp..Category: Criminal Law | Date: 22 Apr, 2003 | Hits: 78
United Commercial Bank Ltd. Vs. Jahangir Alam Khan & ors., 2004, 33 CLC (AD)
....in the Court of District Judge but its prayer for stay being refused, the company moved the High Court Division in its revisional jurisdiction in Civil Revision No. 5060 of 1998. After hearing, the Rule in the civil revision was made absolute by judgment and order dated 21st of June 1999 and the......application under section 85(3) of the Companies Act invoking the provision of section 85(2) of the Companies Act in the facts and circumstances of the case……….(9) Lawyers Involved: Rokanuddin Mahmud, Senior Advocate, instructed by Md. Ataur Ra..Category: Business or Commercial Law | Date: 22 Apr, 2003 | Hits: 201
Amir Hossain Vs. MA Malek & others, 2004, 33 CLC (AD)
....4. Against the judgment of the lower appellate Court, the convict respondents moved the High Court Division in its criminal revisional jurisdiction in Criminal Revision No. 664 of 2001 and obtained a Rule which was subsequently made absolute on the ground, that the trial has proceeded in a very unus...... The Code of Criminal Procedure, 1898 (V of 1898) Section 561A There is no bar for the complaint case to proceed side by side with winding up proceeding about the same subject matter. Lawyers Involved: Abdul Malek, Senior Advocate, instructed by Md Nawab Ali, Advocate‑on‑Rec..Category: Criminal Law | Date: 15 Apr, 2003 | Hits: 88
Sazzadul Haque Liku (Md.) and others Vs. Sarder Anwar Hossain, 2003, 32 CLC (HCD)
....ip;…...Petitioner Vs. Sarder Anwar Hossain and others…………………....Opposite Parties Judgment March 24, 2003. Result: Rule is made absolute. Cases Referred to- AFM Shaha Alam Vs. Mozibul Hoque, 41 DLR (AD) 68......990 BLD (AD) 151=42 DLR (AD) 137; Chowmahani College and another Vs. Md. Ismail Hossain and others, 26 DLR 10; Md. Rqfiqul Alam Vs. Mustafa Kamal and others, 1990 BLD (AD) 151 = 42 DLR (AD) 137. Lawyers Involved: Mrinal Kanti Biswas, Advocate‑For the Petitioner. SS Haider with Bivas..Category: Civil Law, Election Law | Date: 24 Mar, 2003 | Hits: 2
Motiur Rahman and others Vs. Chowdhury Md Mahfuzul Islam and ors., 2003, 32 CLC (AD).
.... KM Hasan J.- These two civil appeals are taken together as they arise out of the same judgment delivered by the High Court Division on 2nd July, 2601 in Writ Petition No. 456 of 2001 making the Rule absolute. 2. The Civil Appeal No. 443 of 2001 is by Motiur Ra......e has a right to be considered for promotion which is a condition, of his service…………………….(23 & 24) Lawyers Involved: Amir‑ul Islam, Senior Advocate, (Tani..Category: Others | Date: 24 Mar, 2003 | Hits: 87
Govt. of BD rep. by the Sec., Min. of Housing & Pub. Work & ors Vs. Md. Javed Alam, 2004, 33 CLC (AD
....is condoned. This petition for leave to appeal is against the judgment and order dated March 4, 2001 passed by a Division Bench of the High Court Division in Writ Petition No. 5021 of 1999 making the Rule absolute directing the respondents therein to restore vacant possession of the property at 5 Ba......mitted. The rent actually received by the govt. from the date of unauthorised occupation till the date of restoration of possession should be paid to the respondent…….(6) Lawyers Involved: AJ Mohammad Ali, Additional Attorney‑General, instructed by B Ho..Category: Property Law | Date: 24 Mar, 2003 | Hits: 463
Syeda Mazeda Khatun Vs. Bangladesh Shilpa Rin Sangstha, 2003, 32 CLC (AD).
....ms to be a post of higher responsibility), in law and equity the petitioner is entitled to the pay of the post or additional compensation for performing higher responsibility as per the provisions in Rule 42 of BSR, Part and FR 35 and that under the provisions of the Services (Re‑organisation ......ntinued in such post till 7‑6‑2000 when the 638; Bangladesh vs. Md Azizur Rahman 46 DLR(AD) 29 Abdul Mazid vs. Mushafi Ahmed 17 DLR SC 131 ref. (10, 11, 16 & 17) Lawyers Involved: Abdur Rab Chaudhury, Senior Advocate, instructed by Md Zahiru..Category: Employment/Service Law | Date: 17 Mar, 2003 | Hits: 84
Moinul Haque (Md) & anr. Vs. State, 2004, 33 CLC (AD)
.... substance in the petitions. The two petitions are accordingly dismissed. Ed. This Case is also Referred in: 56 DLR (AD) 81; 9 MLR (2004) (AD) 321. ...... vs. State 45 DLR 66; Siraj Mal and others vs. State 45 DLR 688; Shahjahan Biswas & ors vs. State 1988 BLD (AD) 154 = 40 DLR (AD) 291 and State vs. Khadem Mondal 1990 BLD (AD) 228. Lawyers Involved: Abdul Malek, Senior Advocate (Kazi Shahadat Hossain, Advocate with h..Category: Criminal Law | Date: 13 Mar, 2003 | Hits: 316
Commissioner of Customs, Customs House, Dhaka & ors Vs. Cieng Tong Chong, 2006, 35 CLC (AD)
....ned. This petition for leave to appeal has been filed against the judgment and order dated February 6, 2002 of a Division Bench of the High Court Division in Writ Petition No. 5364 of 2001 making the Rule absolute. 2. The Rule was obtained seeking direction on the writ-respondents to return t...... Commissioner of Customs, Customs House, Dhaka and others………. Petitioners Vs. Cieng Tong Chong…………..Respondent Judgment 5th March 2003 Lawyers Involved: Md. Ataur Rahman Khan, Advocate-on-Rccord- for the Petitioners. Mahb..Category: Others | Date: 5 Mar, 2003 | Hits: 114
Salema Khatun Vs. Matiur Rahman, 2003, 32 CLC (HCD)
....e of the rule is vacated. In the facts of the case, I do not make any order as to costs. Send down the lower Court record. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 339. ......titioner Vs. Matiur Rahman……………………Opposite party Judgment February 8, 2003. Result: The rule is discharged. Lawyers Involved: None appears - For the petitioner. Md. Haroon Ar Rashid, Advocate-For th..Category: Tenancy Law | Date: 8 Feb, 2003 | Hits: 61
....ugned letter before the High Court Division by invoking its writ jurisdiction in Writ Petition No. 5233 of 2000.
3. The High Court Division by its judgment and order dated 9‑11‑2000 made the Rule absolute declaring the impugned letter to be without lawful authority and of no legal effect on......ssioner of Sales Tax AIR 1956 (All) 35; ML Bagga vs C Murhar Rao AIR 1956 Hyderabad 35; Sarder and others vs State AIR 1961 Calcutta 181; Sugni Chand Dayaram Jatwami vs Pakistan 13 DLR (SC) 221.
Lawyers Involved:
Fariduddin Ahmed, Deputy Attorney‑General, instructed by Md. Ahsanullah Patw..
Category: Others | Date: 8 Feb, 2003 | Hits: 112
Abul Hossain (Md) Vs. State, 2003, 32 CLC (AD).
.... proceeding, constitutes a court, as envisaged in section 195 of the Code of Criminal Procedure. Procedures followed in a mutation case are dealt with in the State Acquisition and Tenancy Act and the Rules framed thereunder. Relevant rules relating to mutation proceeding can be found in Rules 23R...... 106 = 8 DLR (FC)47; Sheikh Abdul Mazid vs. State of Delhi, AIR 1955 SC 196; Siddique Ahmed and others vs. State, 37 DLR 223; Golam Moula Master vs. State 46 DLR 140. Lawyers Involved: ASM Khalequzzaman, Advocate-on‑Record‑..Category: Property Law | Date: 4 Feb, 2003 | Hits: 80
Nasima Akhter Vs. Md. Siraj Miah and other, 2003, 32 CLC (AD)
....fers from no illegality and/or infirmity and we are not inclined to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 38. ......in case of sale of immovable property time is not essence of the contract. Case referred to- Ram Chandra Dash and others Vs. Md Khalilur Rahman and another, 1985 BLD (AD) 41= 37 DLR (AD) 21. Lawyers involved: Mohammad Ozair Farooq, Senior Advocate, instructed by Mohammad Nawab Ali, Advoc..Category: Property Law | Date: 4 Feb, 2003 | Hits: 147
Md. Ashequr Rahman Vs. Bangladesh Agricultural Research Institute, 2003, 32 CLC (AD)
....s against the judgment and order dated April 11, 2000 of a Division Bench of the High Court Division in Writ Petition No.2417 of 1996. The High Court Division by the aforesaid judgment discharged the Rule obtained impugned order of compulsory retirement dated July 30. 1994. 2. Facts, relevant fo...... represented by the Chairman, Ministry of Agriculture and others…….........................................Respondents Judgment February 02, 2003. Result: The appeal is dismissed. Lawyers Involved: Matiur Rahman, Advocate, instructed by Azra Ali, Advocate-on- Record- For the ..Category: Employment/Service Law | Date: 2 Feb, 2003 | Hits: 92
Islami Bank Bangladesh Ltd. Vs. Sub-Judge and Additional Artha Rin Adalat & others, 2003, 32 CLC (AD
.... allowed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 121. ......a Chettiar AIR 1930 Madras 364; Pubali Bank Ltd. vs. Sultana Oil Mills and Soap Factory and others 51 DLR 323; Bengal Metro Engineering Co. and others vs. Agrani Bank 46 DLR 68. Lawyers Involved: Mohammad Nazrul Islam, Senior Advocate, instructed by Azra Al..Category: Business or Commercial Law | Date: 28 Jan, 2003 | Hits: 112
Abdur Rashid (Md) Vs. LGRD and Cooperatives, Local Government Division and others, 2003, 32 CLC (AD)
....ened for taking final decision on the alleged resolution of the commissioners for removal of the petitioner was unlawful. 3. The High Court Division while issuing the Rule stayed the order of suspension. The respondent Nos. 8, 10 and 15 filed an application vacating ...... Cases Referred to- Md. Abdul Hye Bhuiyan vs. LGRD 1981 BLD (AD) 196; Bangladesh vs. Md. Lokman Patwari 46 DLR (AD) 163, (2001) 6 SCC 260. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, instructed ..Category: Others | Date: 27 Jan, 2003 | Hits: 89
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