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Mia Lutfi Hossain Khasru and others Vs. Bangladesh and others, 2003, 32 CLC (AD).
....posing of the petitions for leave to appeal. These petitions are accordingly, dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 58. ...... an appeal in disguise whereby an erroneous decision is reheard or corrected but lies on patent error…………………………(5) Lawyers Involved: Md. Aftab Hossain, Advocate‑on‑Record‑For the Petitione......esh and others………………………..Respondents Judgment January 22, 2002. The Code of Civil Procedure, 1908 (V of 1908), Order XLVII rule 1 Review is by no means an appeal in disguise whereby an erroneous decisi..Category: Procedural Law | Date: 22 Jan, 2002 | Hits: 122
Monsur Ali (Md) and others Vs. State, 2001, 30 CLC (AD)
....onment. In view of afore state of the matter we find no substance in this petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 131. ......rom law A fugitive has no right to seek any kind of redress as against his grievance, if any, against the judgment and order of a Court convicting him to imprisonment…………………...(5) Lawyers Involved: Md. Nawab Ali, Advocate‑on‑Record‑For the Petitioners. Not Represented......yers Involved: Md. Nawab Ali, Advocate‑on‑Record‑For the Petitioners. Not Represented‑The Respondent. Criminal Petition for Leave to Appeal No. 237 of 1998. (From the Judgment and Order dated 14th June, 1998 passed by the High Court Division in Criminal Revision No. 650 of 1993)...Category: Criminal Law | Date: 12 Dec, 2001 | Hits: 123
Moni Begum @ Moni Vs. The State, Represented by the Deputy Commissioner, 2001, 30 CLC (HCD)
....gistrate Dhaka in Complaint case No.1807 of 1999 and complaint case No.2261 of 2000 in the absence of the High Police Officer and Police representative. Ed. This case is also Reported in: ......ropolitan Magistrate Dhaka in Complaint case No. 1807 of 1999 and complaint case No. 2261 of 2000 in the absence of the High Police Officer and Police representative……......(35-36) Lawyers Involved: Sigma Huda—For Petitioners (In both the Criminal Revision No.683 of 199...... and protection from harassment and obtained a Rule. 8. The Metropolitan Magistrate, Dhaka by order dated 19.5.1999 sent the case record to the Chief Metropolitan Magistrate, Dhaka for recording Order for judicial Inquiry adopting the view that Judicial Inquiry was required to be held for ascer..Category: Constitutional Law, Procedural Law | Date: 11 Dec, 2001 | Hits: 7
KM Obaidur Rahman Vs. State, 2003, 32 CLC (AD).
....ithout any excuse and in case of his failure the trial Court will be at liberty to cancel the bail and take the appellant into custody and proceed with the case in accordance with law. Ed. ...... (ii) A member of the parliament do not have the privilege of not appearing before the court of which he is an accused on bail on the ground that the parliament is in session. Lawyers Involved: Khandaker Mahbubuddin Ahmed, Senior Advocate (Mainul Hosein, Advocate......ithout any excuse and in case of his failure the trial Court will be at liberty to cancel the bail and take the appellant into custody and proceed with the case in accordance with law. Ed. ..Category: Criminal Law | Date: 1 Dec, 2001 | Hits: 83
Mahbubur Rahman and others Vs. Agrani Bank and another, 2003, 32 CLC (AD).
....ity in the impugned order. The petition is accordingly dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 61. ......r agree to it. No adjournment should be granted unless sufficient cause for the same is made out………………………(5) Lawyers Involved: Shaheed Alam. Advocate instructed by Chowdhury Md. Jahangir, ...... No. 2 that he took loan from bank by mortgaging his land and the property would be put to auction for failure to repay the loan. The petitioner thereupon filed Miscellaneous Case No. 2 of 1999 under Order XXI rule 58(2) read with section 151 of the Code of Civil Procedure, when the case was taken u..Category: Procedural Law | Date: 19 Nov, 2001 | Hits: 101
Shankar Lal Das Vs. Janata Bank and others, 2001, 30 CLC (HCD)
....he judgment debtor, the execution will only proceed to recover the amount in accordance with law. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 371. ......e absolute without any order as to costs. Cases Referred to- Bank of Dacca Ltd. vs. Gour Gopal Saha, AIR 1936 Calcutta 409; B Sheshaiah vs. Veerabhadrayya, AIR 1972 Andhra Pradesh 134. Lawyers Involved: Sk. Afzalur Rahman, Advocate — For the Petitioner. Shamim Khaled A......, on the same day, two trucks of the petitioner (already hypothecated to the Bank in connection with separate loan) and the house property of the judgment debtor were attached under the provisions of Order XXXVIII rule 5 of the Code, and also a warrant of arrest was issued against the petitioner and..Category: Banking Law | Date: 18 Nov, 2001 | Hits: 146
Bangladesh Legal Aid and Services Trust and another Vs. Bangladesh and others, 2001, 30 CLC (HCD)
....em to discuss on “The Children Act, 1974” with judicial officials working under their respective judgeship. Ed. This Case is also Reported in: 22 BLD (HCD) 2002, 206; 7 BLC (2002) HCD, 85. ...... The State, 49 DLR (HCD) 53; Bablu Vs. State, 1 BLD 1981 (HCD) 454; Bakhtair Hossain Vs. The State, 47 DLR (HCD) 542; Sheela Barse and another Vs. The Union of India and others, AIR 1986(SC) 1777. Lawyers Involved: Md. Idrisur Rahman with M.A. Mannan Khan and Md. Ekramul Islam- for the Petitio......em to discuss on “The Children Act, 1974” with judicial officials working under their respective judgeship. Ed. This Case is also Reported in: 22 BLD (HCD) 2002, 206; 7 BLC (2002) HCD, 85. ..Category: Women and Children | Date: 6 Nov, 2001 | Hits: 75
Hussain Mohammad Ershad Vs. Zahedul Islam Khan and others, 2001, 30 CLC (AD)
....to interfere with the same. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 1. ...... 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......to interfere with the same. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 1. ..Category: Anti-Corruption Laws | Date: 22 Aug, 2001 | Hits: 111
Islami Bank Bangladesh Ltd. Vs. Md. Habib & ors., 2003, 32 CLC (AD).
....ment and order as aforesaid are set aside. The aforesaid criminal proceedings shall continue against all the accused including the respondent Nos. 1 and 2 in accordance with law. Ed. ...... 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......ment and order as aforesaid are set aside. The aforesaid criminal proceedings shall continue against all the accused including the respondent Nos. 1 and 2 in accordance with law. Ed. ..Category: Criminal Law | Date: 22 Aug, 2001 | Hits: 95
Dudu Mia and others Vs. Ekram Miah Chowdhury and others, 2002, 31 CLC (AD)
....r Class Suit No. 1969 are restored. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 7. ...... 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 ......(b)-1 (e). Not represented—Respondent Nos. 2-21. Civil Appeal No. 29 of 1998. (From the Judgment and Order dated 28th July, 1996 passed by the High Court Division in First Appeal No. 343 of 1970). ..Category: Civil Law | Date: 5 Aug, 2001 | Hits: 136
Suhel Ahmed Chowdhury Vs. Salahuddin Ayubi and others, 2002, 31 CLC (AD)
....y set aside and he is exonerated from all the liabilities with honour and dignity. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 82. ......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......ice was ever shown to him by any of the officials subordinate to him. So, for a Secretary it was not possible to find out or look into the order issued from the High Court Division or from any court. Order dated 29-6-2000 directing to release the property clearly indicates the intention of the appel..Category: Criminal Law | Date: 30 Jul, 2001 | Hits: 95
Mobarak Ali Vs. BD House Building Fin. Corpn. & anr. 2003, 32 CLC (AD).
....on of principle natural justice has no merit. In view of the discussion made hereinbefore find no substance in this petition. Accordingly, the petition is dismissed. Ed. ......d to the sender, legal presumption is that notices of the proceeding were duly served upon the petitioner. Hence there is no violation of the principle of natural justice….(4) Lawyers Involved: Md. Moksudur Rahman, Senior Advocate, instructed by Sharifuddin Chakl......on of principle natural justice has no merit. In view of the discussion made hereinbefore find no substance in this petition. Accordingly, the petition is dismissed. Ed. ..Category: Administrative Law | Date: 24 Jul, 2001 | Hits: 111
Reazuddin (Md.) and another Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....ration must be published. Ed. This Case is also Reported in: 57 DLR (2005) 698. ......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......ration must be published. Ed. This Case is also Reported in: 57 DLR (2005) 698. ..Category: Constitutional Law | Date: 19 Jul, 2001 | Hits: 2
Sahera Khatun and others Vs. Abdul Gaffar @ Abdul Gaffar and others, 2003, 32 CLC (AD).
....sp; The appeal is accordingly, dismissed without costs. Ed. Same Case Cited in: 55 DLR (AD) (2003) 79. ......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...... Judgment July 8, 2001. The Code of Civil Procedure, 1908 (V of 1908), Section 51(a) & Order XXI rule 11(2) (j) (i) To facilitate execution of a decree for del..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)
....sation of the benefits consequent upon retirement of the deceased worker, the predecessor of the respondent Nos. 2(a) to 2(e). The petition is accordingly, dismissed. Ed. ......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......Ali since deceased, predecessor in interest of respondent Nos. 2(a) to 2(e) filed complaint case No. 92 of 1994 on 2‑7-1993 under section 25(1) (b) of the Employment of Labour (Standing Order) Act, 1965 for payment of all benefits like pension, gratuity and all other service benefits ..Category: Employment/Service Law | Date: 4 Jul, 2001 | Hits: 78
Sirajul Hoque and other Vs. BIWTA rep. by its Chairman and others, 2002, 31 CLC (AD)
....ed timetable to be illegal and without any lawful authority. The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 30. ...... 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......ed timetable to be illegal and without any lawful authority. The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 30. ..Category: Admiralty Law or Maritime Law | Date: 3 Jul, 2001 | Hits: 173
Privatisation Board Vs. AK Fazlul Huq & ors., 2003, 32 CLC (AD).
....ment is otherwise legally sustainable, hence on modification of that part of judgment and order of the High Court Division by way of deleting the same the petition is dismissed. Ed. ......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......ment is otherwise legally sustainable, hence on modification of that part of judgment and order of the High Court Division by way of deleting the same the petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: 24 Jun, 2001 | Hits: 135
Mohashin Ali Pramanik Vs. State, 2001, 30 CLC (HCD)
....to accused petitioner is restored. The accused petitioner be released on bail on the same bail bond furnished by him on 3‑5‑2000. Ed. This Case is also Reported in: 55 DLR (2003) 259. ......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......ceased, who is newly elected Chairman of Subudanga Union Parishad, and four other persons had been examined in support of grounds for cancellation of bail. 7. Learned Sessions Judge, Rajshahi by Order dated 21‑6‑2000 allowed Miscellaneous Case and cancelled bail granted to accused petitione..Category: Criminal Law | Date: 3 Jun, 2001 | Hits: 46
Abdur Noor and others Vs. Mahmood Ali and others, 2002, 31 CLC (AD)
.... interference. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 67. ...... 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. ...... interference. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 67. ..Category: Tenancy Law | Date: 3 Jun, 2001 | Hits: 75
Gazi M Towfic Vs. Agrani Bank and others, 2001, 30 CLC (AD)
....cree. The High Court Division therefore rightly rejected the application summarily. The leave petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 6. ...... special provision for appeal against the judgment and decree passed by the Artha Rin Adalat so no application under Article 102 of the Constitution is maintainable………………….(3) Lawyers Involved: M Shamsul Alam, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record......cree. The High Court Division therefore rightly rejected the application summarily. The leave petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 6. ..Category: Business or Commercial Law | Date: 29 May, 2001 | Hits: 145
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