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Keramat Ali Bhuiyan Vs. Ramizuddin Ahmed Bhuiyan, 1990, 19 CLC (AD)
........................................Plaintiff-Respondent Judgment August 8, 1990. Result: The petition is dismissed. The Code of Civil Procedure, 1908 (V of 1908) Order IX, Rule 9 Whether there is any necessity to condone the delay when defendant was prevented from i......t the receiving back of the record and the next date fixed. Cases Referred to- Allahdino VS. Fakir Mohammad & another 21 DLR (SC) 382; Swire Mellor VS. Swire, (1885) Ch. D. 239. Lawyers Involved: Shamsul Huq Chowdhury, Senior Advocate, instructed by Shamsul Hoque Siddique..Category: Procedural Law | Date: 8 Aug, 1990 | Hits: 108
Bangladesh Parjatan Corporation Vs. Shahid Hossain Bhuiyan (Md) & others, 1990, 19 CLC (AD)
...............................Respondents (In Civil Appeal No. 39 of 1990) Judgment August 8, 1990. Result: All the appeals are allowed. Bangladesh Parjatan Corporation Service Rules, 1980; Rule 41 sub‑rule (2) Clause (iv) Whether any reason was required to be assigned......le in this case as this principle has been excluded in the Rule Itself. The appointing authorities have has also the power to reinstate a terminated employee on the merit of his individual case. Lawyers Involved: Akhtar lmam, Advocate (appeared with the leave of the Court) instructed by Sh..Category: Employment/Service Law | Date: 8 Aug, 1990 | Hits: 101
Afruz Miah (Md) and another Vs. Alhaj Md. Siraj Miah, 1990, 19 CLC (AD)
.... present case, the same suffers from no illegality. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 89. ......panies Act empowers the Company Court to rectify share register, it is well‑settled that a suit is not barred thereby, especially when detailed evidence is to be taken to settle issue of fact. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate, instructed by Kazi Shahabuddin Ahmed, Ad..Category: Procedural Law | Date: 5 Aug, 1990 | Hits: 91
Badsha Mia and others Vs. Abdul Latif Majumder and others, 1990, 19 CLC (AD)
....n deciding the question of Contempt of Court in the absence of denial of allegations There being no specific denial of the incident as alleged by the respondents in their petition for issuing a Rule for contempt of Court the learned Judges of the High Court Division correctly found the appella......p a proceeding for contempt. Case Referred to- Sukhdev Singh Vs. Hon'ble CJ S Teja Singh and the Hon'ble Judges of the Pepsu High Court at Patiala, AIR 1954 Supreme Court 186. Lawyers Involved: MG Bhuiyan, Advocate-on-Record - For the Appellants. Mahbubey Alam, Advo..Category: Criminal Law | Date: 30 Jul, 1990 | Hits: 59
....ocess server, it appears that he served the notice in presence of the witnesses by hanging a copy of the notice on the latrine which was situated on the land in dispute.
16. From the provisions of Rule 6 of PDR Rules, it appears that if the certificate‑debtor refuses to take the notice or if th......In Liquidation)…......Plaintiff Petitioner
Vs.
Mrs. Jahura Khatun & others...................................................Defendants-Opposite Parties.
Judgment
July 23, 1990.
Lawyers Involved:
Habibur Rahman, Advocate ‑ For the Plaintiff.
Mahmudul Islam, Advocate ‑..
Category: Banking Law | Date: 23 Jul, 1990 | Hits: 158
Attor Mia and another Vs. Mst. Mahmuda Khaton Chowdhury and others, 1990, 19 CLC (AD)
....s own. Hence the appeal is allowed and remanded to the High Court Division for disposal in accordance with law. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 78. ......Referred to- Dr. Rezia Khatun Vs. Bhanu Guha & another 1986 BLD (AD) 135; Abdul Awal Khan Vs. Md. Sadu Mia & ors, 1986 BLD (AD) 156, Proboth Ranjan Shome Md. Easin, 1080 BSCR 457. Lawyers Involved: M H Khandker, Senior Advocate (AJ Mohammad Ali, Advocate with him) instructe..Category: Property Law | Date: 22 Jul, 1990 | Hits: 43
Bijoy Kumar Basak Vs. Narendra Nath Datta & others, 1990, 19 CLC (HCD)
....li J Bijoy Kumar Basak.................................Petitioner Vs. Narendra Nath Datta & others............Opposite Party Judgment July 11. 1990. Result: The Rule is discharged. A lawyer should be very vigilant and diligent in drafting applications part......tionary and in suitable cases the District Judge can even suo moto exercise this power in the interest of justice......... (10) Cases Referred to- AIR 1963 (Pat) 353; PLD 1955 PC 185. Lawyers Involved: Lutfur Rahman Mondal, Advocate ‑ For the Petitioner. Abdur Rahman Bisw..Category: Property Law | Date: 11 Jul, 1990 | Hits: 67
Dr. Md. Abdul Baten Vs. State, 1990, 19 CLC (HCD)
....Md. Abdul Baten................................Petitioner Vs. The State..............................................Opposite Party Judgment June 27, 1990. Result: The Rule is made absolute The power of the Appellate Division to pass an order for re-delivery of p......te, 22 DLR 244; AIR 1957 All 20; 58 CrLJ 16; AIR 1962 (Mysore) 275; Indukuri Suryanarayana Raju and others Vs. Indukuri Viswanadharaju and others, AIR 1942; Prem Singh Vs. Bhola and another, Criminal Law Journal Vol. IX (1909) 103; Md. Adiluddin Vs. Md. Adiluddin Sheikh and others, 33 DLR 88; Khalil..Category: Criminal Law | Date: 27 Jun, 1990 | Hits: 110
Abdur Rouf Miah Vs. Fazlur Rahman and others, 1990, 19 CLC (AD)
.........Petitioner Vs. Fazlur Rahman and others..............Respondents Judgment June 27, 1990. Result: The petition is dismissed. The Upazila Parishad (Election) Rules, 1983, rules 38-41 Whether Election Commission can direct re-poll in the absence of Rule ......es the Election Commission should not have directed recounting without hearing both the parties. But when election was not held in a free and fair manner Election Commission can direct re-poll. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate (Rabeya Bhuiyan, Advocate with him) instr..Category: Election Law | Date: 27 Jun, 1990 | Hits: 139
Ishaque (Md) and others Vs. Government of Bangladesh, 1990, 19 CLC (AD)
.... Against those awards, the respondent-Government preferred two Miscellaneous Appeals before the High Court Division under section 7(f) of the Emergency Acquisition of Property Act, 1948 read with Rule 9 (16) of the Rules, 1948 which prescribes a period of 60 days in filing such appeal. Admittedl...... 1990 is dismissed. The Limitation Act, 1908 (IX of 1908), Sections 5 & 29(2) Whether delay can be condoned when an appeal is not filed within the period of limitation under the Special Law In Bangladesh there has been no amendment of the Limitation Act extending the scope of sect..Category: Limitation Law | Date: 25 Jun, 1990 | Hits: 176
............Petitioner
Vs.
Executive Vice Chairman, Bangladesh Agricultural Research Council and another..........Opposite Parties.
Judgment
June 20, 1990.
Result:
The Rule is made absolute
Prior notice with date of hearing for enquiry should be served to the pet......lative of the principles of natural justice and one of the charges i.e. charge No. 3, hardly constituted an offence warranting a penalty………………......(13)
Lawyers Involved:
Lutfar Rahman Majumdar, Advocate ‑For the Petitioner.
Sayyid Shahid Ho..
Category: Employment/Service Law | Date: 20 Jun, 1990 | Hits: 74
Shahabullah (Md) Vs. The State, 1990, 19 CLC (AD)
....o interfere in the matter. The appeal is dismissed. Let the appellant surrender to his bail bond and serve out his sentence. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 1. ......tate, 15 DLR (SC) 7; Abdur Rahman Vs. State, 27 DLR 268; Abdul Jabbar Vs. State 37 DLR 278; Muhammad Zaheer Nadeem Vs. State, PLD 1960 (SC) 51; Som Prakash Vs. State of Delhi, AIR 1974 (SC) 989. Lawyers Involved: Mahbubur Rahman, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-o..Category: Anti-Corruption Laws | Date: 13 Jun, 1990 | Hits: 119
Atiqur Rahman Vs. AKM Fazlul Hoque, 1990, 19 CLC (HCD)
....................................Petitioner Vs. AKM Fazlul Hoque, the State.........................................Opposite‑Parties Judgment June 11, 1990. Result: The Rule is discharged. There cannot be any cognizance of the case on a Naraji petition without any......……………….. (7, 10) Cases Referred to- Abdus Salam Master alias Salam and another Vs. The State, 36 DLR (AD) 58; 28 DLR (AD) 38; 27 DLR (AD) 29. Lawyers Involved: Abdul Malek with Jamiruddin Ahmad, Advocates‑For the Petitioner. ..Category: Fiscal/Taxation Law | Date: 11 Jun, 1990 | Hits: 80
Abdul Mannan and others Vs. Akram Ali and others, 1990, 19 CLC (AD)
....s. Akram Ali and others....................Respondents Judgment June 6, 1990. Result: The appeal is allowed. The Code of Civil Procedure, 1908 (V of 1908), Order XLI Rule 23 Whether there was any necessity for remanding the case to the Trial Court for re‑tri......Revisional applications should better be disposed on merit by the High Court Division itself on the basis of the evidence already on record without sending the case on remand of the trial Court. Lawyers Involved: MH Khondkar, Senior Advocate, (AJ Mohammad Ali, Advocate, with him) instruct..Category: Procedural Law | Date: 6 Jun, 1990 | Hits: 107
....
The Ministry of Local Government, Rural Development and Co‑operatives and others .................Respondents
Judgment
May 24, 1990.
Upazila Parishad (Election of Chairman) Rules, 1983; Rule 38(3)
In case of any grievance the petitioner shall ...... Bangladesh Election Commission, 41 DLR (AD) 87=1989 BLD (AD) 103; Hazrat Ali Vs. Election Commission and others, 1990 BLD 157; Abdul Hamid Khan Vs. Miah Nurul Islam and others, 42 DLR (AD) 49.
Lawyers Involved:
Rabia Bhuiyan with AMMM Rahim, Advocates- For the Petitioner.
Suranjit S..
Category: Election Law | Date: 24 May, 1990 | Hits: 101
AH Shamsuddin Ahmed Vs. Begum Arafat & others, 1990, 19 CLC (HCD)
....hamsuddin Ahmed...............................Petitioner Vs. Begum Arafat & others................................Opposite Parties Judgment May 22, 1990. Result: The Rule is discharged. It is settled principle of law that mere declaratory suit is maintainable i......dhury & others, 12 DLR 448; Sundar Singh Kullah Singh Vs. Managing Committee Sundar Singh & others, 42 CWN 930 (PC); Shamsul Ali Shah Vs. Syed Hassan Shah & others, 16 DLR (SC) 330. Lawyers Involved: Abdus Sattar, Advocate‑For the Petitioner. SM Hossain, Advocate‑For ..Category: Property Law | Date: 22 May, 1990 | Hits: 111
Bakul Howlader @ Shamsul Alam Vs. The State, 1990, 19 CLC (AD)
.... by special leave at the instance of accused Bakul Howlader @ Shamsul Alam is directed against the order by the High Court Division, Dhaka in Criminal Miscellaneous Case No. 318 of 1989 with Suo Motu Rule No. 451 of 1989. 2. The short fact that will be relevant for disposal of this appeal is th......e appellant when there is no allegation of tempering with the evidence against him. Moreover state has not produced any new material to justify cancellation of bail of the appellant..........(7) Lawyers Involved: Serajul Haq with Dr. Kamal Hossain, Senior Advocates, instructed by Mvi. Md. ..Category: Criminal Law | Date: 20 May, 1990 | Hits: 100
Fazal & others Vs. State, 1990, 19 CLC (HCD)
.... Fazal & others ..................................Petitioners Vs. The State ........................................Opposite party Judgment May 14, 1990. Result The Rule is made absolute. Every judgment shall be dated and signed by the presiding officer in ope......ellip;….(5) Cases Referred to- MK Zaman & others Vs. Matiar Rahman, 20 DLR 434; Abdus Sattar Howlader Vs. the State & Vs. Kashem Ali, 15 DLR 30; 33 DLR 101; 28 DLR 103. Lawyers Involved: Abu Sayed Ahmed with Alaluddin, Advocates-For the Petitioners. Shar..Category: Criminal Law | Date: 14 May, 1990 | Hits: 66
Aga Kohinoor Alam Vs. State and another, 1990, 19 CLC (HCD)
....ahman Khan J Aga Kohinoor Alam .........................Petitioner Vs. The State and another.....................Opposite Parties Judgment May 13, 1990. Result: The Rule is discharged. The accused petitioner misrepresented to get permission for sale of the hou......of offence of cheating and forgery so the criminal proceeding cannot be said to be without any basis nor the said proceeding can be held to be liable to be quashed…................ (9-13) Lawyers Involved: Abdul Malek with Zamiruddin Ahmed and Md. Serajul Islam Khan, Advocates‑For..Category: Criminal Law | Date: 13 May, 1990 | Hits: 73
Sonali Bank Vs. Nurul Kader and another, 1990, 19 CLC (HCD)
.... Nurul Kader and another……………………………….Opposite Parties Judgment April 5, 1990. Result: This Rule is made absolute. Order 9 CPC indicates that none of the rules empowers a court to dismiss......miss a suit on a date not fixed for hearing. Case Referred To- Sabilri Bala Vs. Rohini Kanta Mondal, 4 DLR 11; Brojendra Lal Roy Vs. Shyama Charan Das Chowdhury and o1hers, 11 DLR 180. Lawyers Involved: Md. Shahidul Hoque, Advocate‑For the Petitioner. No one appears-For th..Category: Civil Law | Date: 5 Apr, 1990 | Hits: 1
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