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Hussain Mohammad Ershad Vs. Zahedul Islam Khan and others, 2001, 30 CLC (AD)

....l Amin Chowdhury CJ.- This petition for leave to appeal is against judgment and order dated 6-2-2001 passed by a Division Bench of the High Court Division in Writ Petition No. 2722 of 2000 making the Rule absolute. 2. The short fact leading to this petition is that respondent Nos. 1 and 2 filed...... and shall vacate his seat automatically under Article 67 of the Constitution and there is no necessity or requirement of examination of the same by the Election Commission……. (13) Lawyers Involved: Abdul Malek, Senior Advocate (ABM Nurul Islam, Senior Advocate with him) inst..

Category: Anti-Corruption Laws | Date: 22 Aug, 2001 | Hits: 111

Islami Bank Bangladesh Ltd. Vs. Md. Habib & ors., 2003, 32 CLC (AD).

....dings against them invoking the jurisdiction of the High Court Division under section 561A of the Code of Criminal Procedure in Criminal Miscellaneous Case No. 1156 of 1999. A Division Bench made the Rule absolute and quashed the said proceedings against them by the judgment and order dated 17-8-99 ...... Penal Code an abettor is liable for a different act if that was probable consequence of the abetment………………………….(8)  Lawyers Involved:  Rafiqul-ul-Huq, Senior Advocate, (Md. Muhammad Nazrul Islam, Advocate..

Category: Criminal Law | Date: 22 Aug, 2001 | Hits: 95

Chief Engineer, C & B and another Vs. Shah Hingul Mazar Sharif and others, 2001, 30 CLC (AD)

....- This petition for leave to appeal is directed against judgment and decree dated 24th February, 1998 passed by a Single Bench of the High Court Division in Civil Revision No. 3165 of 1994 making the Rule absolute on setting aside the judgment and decree passed by the learned Subordinate Judge, 4th ......right he can maintain a suit for permanent injunction. The trial court, it appears, exceeded its jurisdiction in deciding the title of the respective parties. …………………………….(6) Lawyers Involved: Mahbubey Alam, Additional Attorney-General, instructed by SB Barua, Advocate-on..

Category: Trust/Waqf Law | Date: 9 Aug, 2001 | Hits: 211

Dudu Mia and others Vs. Ekram Miah Chowdhury and others, 2002, 31 CLC (AD)

....on was seeking some other relief which was no doubt of consequential relief and thereupon directed plaintiff to pay ad valorem court fee. As against that plaintiff moved the High Court and obtained a Rule. The matter came up before a Division Bench which differed from the decision given by another D...... Sufia Khannam Chowdhury vs. Faizun Nesa Chowdhury 39 DLR (AD) 46; Abdul Hamid vs. Dr Sadeque Ali Ahmed & ors 21 DLR 507; AIR 1924 (Cal) 411; 17 DLR 119.   Lawyers Involved:   Md. Faziul Karim, Senior Advocate, instructed by ..

Category: Civil Law | Date: 5 Aug, 2001 | Hits: 136

Suhel Ahmed Chowdhury Vs. Salahuddin Ayubi and others, 2002, 31 CLC (AD)

....s possession but without any effect. Finding no other alternative Writ petition No. 3964 of 1998 was filed seeking a mandate from the court for restoration of possession and in that Writ Petition the Rule was made absolute 09.6.1999 with a direction to the respondents to restore vacant possession of......ip;……(7 & 12)   Case Referred to-   SAM Iqbal vs. State and another, 3 BLC (AD) 125.   Lawyers Involved:   Rokanuddin Mahnzud, Senior Advocate (SS Halder Se..

Category: Criminal Law | Date: 30 Jul, 2001 | Hits: 95

Reazuddin (Md.) and another Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)

.... Vs. Government of Bangla­desh and others…………………………..Respondents Judgment July 19, 2001. Result: The Rule is made absolute. Opportunity for defence when mandatory Withholding or cancellation ......tions, Karachi University, 18 PLR (SC) 422; University of Dhaka Vs. Zakir Ahmed, 16 DLR (SC) 722;. Messrs Faridsons Ltd. Karachi and another Vs. Government of Pakistan and another, 1961 PLD 537. Lawyers Involved: ABM Bayezid with Md. Touftq Islam, Advocates‑ For the Petitioners in all Wr..

Category: Constitutional Law | Date: 19 Jul, 2001 | Hits: 2

Sahera Khatun and others Vs. Abdul Gaffar @ Abdul Gaffar and others, 2003, 32 CLC (AD).

....28 acres out of 0.60 acres on plot No. 65 by way of execution of the decree is going beyond the terms of the decree and, as suck the execution case is liable to be struck off as not maintainable. The Rule in Civil Revision No. 4156 of 1997 was made absolute on 4‑2‑1999 on the finding, in......se Referred to-    Bigo Rangam Kamon and others vs. Khan Bahadur Khalilur Rahman, PLD 1968 SC 342; Vasuder vs Rajabdar AIR 1970 SC 1475.   Lawyers Involved:   Md. Roushan Ali, Senior Advocate, instructed by A..

Category: Procedural Law | Date: 8 Jul, 2001 | Hits: 91

BD Water Dev. Board & ors Vs. Chairman, Divisional Labour Court, Khulna & ors, 2003, 32 CLC (AD)

....zlul Karim J.- This petition for leave to appeal by the petitioner Board is directed against judgment and order dated 27‑11‑2000 passed in Writ Petition No. 5537 of 2000 discharging the Rule thereby affirming judgment and order dated 18‑2‑1999 of the Divisional Labour Cour......ges Act, 1936 for realisation of the benefits consequent upon retirement of the deceased worker, in favour of the heirs of the deceased worker……………(5)  Lawyers Involved:  Hefzul Bari, Advocate, instructed by Md Nawab Ali, Advocate‑on..

Category: Employment/Service Law | Date: 4 Jul, 2001 | Hits: 78

MA Mazid Vs. Md. Abdul Motaleb, 2001, 30 CLC (HCD)

....l Haque J Nazmun Ara Sultana J MA Mazid .......... ........Accused-Petitioner Vs. Md. Abdul Motaleb ..........Complainant‑Opposite Party Judgment July 3, 2001. Result: The Rule is made absolute. Lawyers Involved: Anisur Rahman Hatem, Advocate ‑ For the Petitioner.......ltana J MA Mazid .......... ........Accused-Petitioner Vs. Md. Abdul Motaleb ..........Complainant‑Opposite Party Judgment July 3, 2001. Result: The Rule is made absolute. Lawyers Involved: Anisur Rahman Hatem, Advocate ‑ For the Petitioner. Md. Fazlul Haque Chowd..

Category: Banking Law | Date: 3 Jul, 2001 | Hits: 267

Sirajul Hoque and other Vs. BIWTA rep. by its Chairman and others, 2002, 31 CLC (AD)

....hellip;………. Respondents Judgment July 3, 2001. The Inland Shipping Ordinance, 1676 (LXXII of 1976) Section 54 The Time and Fare Table Approval Rules, Rule 15(1) (c) The Authority may waive the requirements of any or all the Rules pro...... Fare Table Approval) Rules, 1970. Non-compliance of these rules will not make the time table issued under the Rule to be illegal and without any lawful authority…....(6)  Lawyers Involved: Gobinda Chandra Tagore, Advocate (appeared with the leave instructed by S..

Category: Admiralty Law or Maritime Law | Date: 3 Jul, 2001 | Hits: 173

Privatisation Board Vs. AK Fazlul Huq & ors., 2003, 32 CLC (AD).

....o. 1 of the Writ Petition No. 1041 of 2000 has filed this petition for leave to appeal against the judgment and order dated 10th August, 2000 by a Division Bench of the High Court Division making the Rule absolute declaring that the contract contained in the Letter of Intent dated 11th February, 199......High Court Division committed no error directing to make payment on the findings that the petitioner has breached the contract………………(5)  Lawyers Involved:  Tafailur Rahman, Advocate, instructed by Sharifuddin Chaklader Advoca..

Category: Business or Commercial Law | Date: 24 Jun, 2001 | Hits: 135

Mohashin Ali Pramanik Vs. State, 2001, 30 CLC (HCD)

....e…………………..…….Opposite Party Judgment June 3, 2001. Result: Converted Criminal Revision Petition (case) is allowed. Rule issued on 5‑11‑2000 is made absolute. The order dated 21-6-2000 recorded by learned Session......e Rajshahi in Criminal Miscellaneous case No-180 of 2000 cancelling bail to accused-petitioner stands set aside and the order dated 2‑5‑2000 granting bail to accused petitioner is restored. Lawyers Involved: Golam Arif Tipu with FRM Nazmul Ahsan, Advocates‑For the Accused-Petitioner..

Category: Criminal Law | Date: 3 Jun, 2001 | Hits: 46

Abdur Noor and others Vs. Mahmood Ali and others, 2002, 31 CLC (AD)

.... upon her is well settled that without serving any notice under section 106 of the said Act no tenant can be evicted. The High Court Division considered this aspect of the matter and rightly made the Rule absolute. Mr. Md. Nawab Ali, learned Advocate-on record, failed to point out any legal infirmit......  June 3, 2001. The Transfer of Property Act, 1882 (IV of 1882) Section 106 No tenant can be evicted without serving any notice under section 106 the Transfer of Property Act. Lawyers Involved:   Md. Nawab Ali, Advocate-on-Record—For the Petitioners. ..

Category: Tenancy Law | Date: 3 Jun, 2001 | Hits: 75

Government of Bangladesh Vs. Mirpur Semipucca (Tin-shed) Kalayan Samity & others, 2001, 30 CLC (HCD)

....eputy Attorney-General— For the Petitioner.  Maksudur Rahman, Advocate—For the Opposite Parties. Civil Revision Case No. 3760 of 2000. Judgment SK Sinha J. - This Rule was issued calling upon the opposite parties to show cause why the judgment and decree dated 11...... Mirpur Semipucca (Tin-shed) Kalayan Samity & others………....Plaintiff-Opposite Parties Judgment May 21, 2001. Result: The suit stands dismissed. Lawyers Involved: Mihir Kanti Majumder Deputy Attorney-General— For the Petitioner. ..

Category: Evidence Law | Date: 21 May, 2001 | Hits: 183

Hossain (Md) and others Vs. Dildar Begum and others, 2003, 32 CLC (AD).

....heirs of the aforesaid deceased persons were filed on 9‑6‑1999 which was rejected by the High Court Division on 15‑6‑1999 holding that the applications are out of time and the Rule has already abated against all the petitioners.   3. On being ag...... partition heirs of the deceased parties should be brought on record to avoid complications as right to sue of the heirs survives till the final decree is passed.    Lawyers Involved:   Moqbul Ahmed, Advocate, instructed by AKM Shahidu..

Category: Procedural Law | Date: 19 Feb, 2001 | Hits: 106

Hosna Ara Begum others Vs. Montaj Ali and ors. 2003, 32 CLC (AD).

....to August, 1986 vide rent receipt Exhibit B and during the period from  January, 1981  to December,  1981  vide receipt  Exhibit B(1).  2. The defendants obtained Rule from the High Court Division in Civil Revision No. 1200 of 1996 upon a revisional application u......o remand by shirking its duty solely for the purpose of writing the judgment afresh. ……………………………….(7)  Lawyers Involved:  Azizur Rahman Chowdhury, Advocate instructed, Md. Nowab Ali, Advocate..

Category: Civil Law | Date: 15 Jan, 2001 | Hits: 163

Bangladesh Road Transport Corporation and another Vs. Md. Shahidulla, 2002, 31 CLC (AD)

....y Bangladesh Road Transport Corporation-petitioner is against the judgment and order dated 13-5-1999 passed by a Division Bench of the High Court Division in Writ Petition No. 3485 of 1996 making the Rule absolute and thereby declaring the order of termination of service of the respondent as illegal......                Case Referred to- Bangladesh Bank and others vs. Md. Abdul Malek, 46 DLR (AD) 1.   Lawyers Involved:   Aminul Haque, instructed by Md. Nawab Ali, Advocate-on-Record&mda..

Category: Employment/Service Law | Date: 5 Dec, 2000 | Hits: 84

Abu Zafar Tipu Vs. Syed Abu Siddique, 2000, 29 CLC (HCD)

.... Abu Zafar Tipu…………………………Petitioner Vs. Syed Abu Siddique……………………………Opposite party Judgment November 16, 2000. Result: The Rule is made absolute. When claims of the parties are to be settled on the basis of acc......of the Arbitration Board is binding of both the parties. Any failure on the part of a party will be a civil liability and cannot be considered as a criminal offence............................(5) Lawyers Involved: Mohaboob Ali - For the petitioner. S.N. Goswami - For the opposite party...

Category: Procedural Law | Date: 16 Nov, 2000 | Hits: 3

Abdur Rouf Chowdhury Vs. Abdul Hashem (Hashu) and another, 2000, 29 CLC (HCD)

....y (Md.).……..................Petitioner Vs. Abdul Hashem (Hashu) and another ……........Opposite Parties Judgment October 17, 2000. Result: The Rule is discharged. Cases Referred To- MM Hossain Vs. Mostafa Hossain, 40 DLR (AD) 20, M......ossain Vs. Mostafa Hossain, 40 DLR (AD) 20, Mahmud Ibne Abbas Vs. Begum Momtaz Hossain, 45 DLR 421, Nur Banu Vs. Noor Mohammad 35 DLR (AD) 182, Amjad Ali Vs. Ali Hossain and another, 15 CWN 353. Lawyers Involved: Not represented— the Petitioner. ASM Wahidul Momen Chowdhury, Advo..

Category: Property Law | Date: 17 Oct, 2000 | Hits: 136

Azibor Mollick Vs. State, 2000, 29 CLC (HCD)

.... Khan, Advocate—For the Petitioner. Nikhilesh Dutta, Deputy Attorney-General—For the State. Criminal Miscellaneous Case No. 601 of 1999. Judgment Md. Hamidul Haque J.- By this Rule opposite parties were called upon to show cause as to why the judgment and order dated 29-9-98 ...... Hoque J Md. Munsurul Hoque Chowdhury J Azibor Mollick…………......Petitioner Vs. State………………............Opposite Party Judgment August 9, 2000. Lawyers Involved: Khurshid Alam Khan, Advocate—For the Petitioner. Nikhilesh Dutta, Depu..

Category: Women and Children | Date: 9 Aug, 2000 | Hits: 82