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Moyenuddin Torafdar (Md) & others Vs. Tamijuddin Milky and others, 2001, 30 CLC (AD)
.... the submission. The leave petitioner is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 49 ...... Judgment Kazi Ebadul Hoque J.- Plaintiff-petitioners seek leave to appeal from judgment and order dated 27- 8-1996 passed by a Single Judge of the High Court Division in Civ...... the submission. The leave petitioner is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 49 ...... the submission. The leave petitioner is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 49 ..Category: Property Law | Date: | Hits: 49
Nurul Islam and others Vs. Jamila Khatun and others, 2001, 30 CLC (AD)
.... plaintiffs. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 45. ...... Kazi Ebadul Hoque J.- Defendant-petitioners seek leave to appeal from judgment and decree of the Division Bench of the High Court Division dated 27-5-1998 passed in...... plaintiffs. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 45. ...... plaintiffs. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 45. ..Category: Property Law | Date: | Hits: 64
State Vs. Faisal Alam Ansari, 2001, 30 CLC (AD)
....ntly, the appeal is allowed and the impugned judgment and order set aside. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 43. ......that after the function he would drop his brother. Accordingly, the informant and his nephew left that house and returned to Jatrabari. At about 9-30 PM the informant received, a telephonic message from a relation of his informing that his brother Humayun Kabir was gunned down at about 8-30 PM in......ntly, the appeal is allowed and the impugned judgment and order set aside. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 43. ......ntly, the appeal is allowed and the impugned judgment and order set aside. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 43. ..Category: Criminal Law | Date: | Hits: 68
Secretary, Ministry of Establishment Vs. A M Nurunnabi, 2001, 30 CLC (AD)
....s condoned but there being no merit in the petition the same is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 41. ...... 2. The respondent instituted the case for a declaration that the notification dated 6-6-1996 passed by the Government is void, illegal and without lawful authority and that the period of absence from service of the respondent from 1-10- 82 to 5-6-96 shall be treated as spent on duty and he is ......s condoned but there being no merit in the petition the same is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 41. ......s condoned but there being no merit in the petition the same is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 41. ..Category: Administrative Law | Date: | Hits: 117
Jatiya Party Vs. Election Commission for Bangladesh and others, 2001, 30 CLC (AD)
....sion is set aside and the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 38. ......f the Chief Election Commissioner to an individual member to perform functions of his office in his absence as Acting Chief Election Commission cannot authorize him, in the absence of authorization from the Commission it self, to exercise and perform any powers and functions under the Order. As s......ng Officer by order dated 19-4-1999 refused to allocate the said symbol “Langol” to him and allocated the symbol “Butterfly” for the said by- election, a symbol reserved for independent ‘candidate whereupon Writ Petition No. 1318 of 1999 was filed before the High Cou......sion is set aside and the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 38. ..Category: Election Law | Date: | Hits: 144
Bangladesh Biman Corporation and others Vs. Md. Tipu Sultan & others, 2001, 30 CLC (AD)
....n made herein before the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001)31. ......sp; Md. Ruhul Amin J.- These two appeals, one b) respondent Nos. 1-4 and other by respondent Nos. 5 and 6 of Writ Petition No. 2040 of 1998, by leave, are from the judgment dated 12-5-1999 by a Division Bench declaring the Organisation Order No. 13 of 19......n made herein before the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001)31. ......n made herein before the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001)31. ..Category: Employment/Service Law | Date: | Hits: 63
DG, Prisons & others Vs. Md. Nasim Uddin, 2001, 30 CLC (AD)
....out request helped this Division in the proper disposal of this matter. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 30. ......bmitted a report to appellant No. 2 Deputy Inspector General of Prisons who without any second show cause notice and without giving any opportunity to the respondent to defend himself dismissed him from service by order dated 4-11-1992. Respondent then preferred an appeal to appellant No. 1 who ......out request helped this Division in the proper disposal of this matter. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 30. ......out request helped this Division in the proper disposal of this matter. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 30. ..Category: Administrative Law | Date: | Hits: 137
GM, Jamuna Oil Company Ltd. Vs. Chairman, Labour Court, 2001, 30 CLC (AD)
....ation. The petitioners are dismissed by this judgment. Ed. This Case is also Reported in: 53 DLR (AD) (2001)28. ......ation. The petitioners are dismissed by this judgment. Ed. This Case is also Reported in: 53 DLR (AD) (2001)28. ......ation. The petitioners are dismissed by this judgment. Ed. This Case is also Reported in: 53 DLR (AD) (2001)28. ......ation. The petitioners are dismissed by this judgment. Ed. This Case is also Reported in: 53 DLR (AD) (2001)28. ..Category: Labour and Industrial Law | Date: | Hits: 128
Mohammad Ali Vs. ADC (Revenue), Dhaka & others, 2001, 30 CLC (AD)
....therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 27 ....... 2. Petitioner was appointed Mutwalli by his ate father as per direction in the Waqf Deed. On the application of his step-brother Administrator of Waqf removed the petitioner from the office of the Mutwalli by order dated 18-12-73. Subsequently, by order dated 1-9-90 respond......therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 27 ......therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 27 ..Category: Property Law | Date: | Hits: 47
Government of Bangladesh Vs. Chairman, Court of Settlement and others, 2001, 30 CLC (AD)
....imitations. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 26. ......sp; Kazi Ebadul Hoque J.- Government petitioner seeks leave to appeal from judgment and order dated 25-6-1996 passed by a Division Bench of the High Court Division in Wr......imitations. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 26. ......imitations. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 26. ..Category: Property Law | Date: | Hits: 61
Miah Lutfi Hossain Kasru and others Vs. Bangladesh, 2001, 30 CLC (AD)
....o consideration. Both the petitions are dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 25. ......o. 1261 of 1999. Judgment AM Mahmudur Rahman J.- These petitions for leave to appeal by the writ-petitioners of Writ Petition Nos. 2259 and 1787 of 1998 are from a common Judgment and order dated 7-7-99 made in the Writ Petition No. 1787 of 1998 and accor......o consideration. Both the petitions are dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 25. ......o consideration. Both the petitions are dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 25. ..Category: Election Law | Date: | Hits: 111
Board of Intermediate & Secondary Education Vs. Md. Mirajul Alam, 1995, 24 CLC (AD)
....dvanced by Mr. Majumder. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 41, 47 DLR (AD) (1995) 167 ......Civil Revision No. 127 of 1995). Judgment Mustafa Kamal J.- This petition for leave to appeal by the defendants is from the judgment and order of the High Court Division dated 23.2.95 passed in Civil Revision No. 1......dvanced by Mr. Majumder. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 41, 47 DLR (AD) (1995) 167 ......"Sirajul Alam", whereas the respondent's name is "Mirajul Alam". Subsequently, the respondent's father was supplied with a duplicate copy of the said Memo. and from an internal source of the Board the respondent's father came to know that the Head Examiner had sent a report t..Category: Constitutional Law | Date: | Hits: 182
Haripada Ghose and another Vs. Gopal Chandra Ghose, 1995, 24 CLC (AD)
.... just and proper and calls for no interference. The appeal is accordingly dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 164 ......2 of 1991). Judgment: ATM Afzal J: This appeal by leave by the two applicants for probate is from judgment and order dated 3.11.1993 passed by the High Court Division allowing first appeal No......40 DLR 373. His submission is that to raise a contention under that section (286) one must have an interest/claim in the estate of the testator through the testator. A person who claims outside or independently of the will or claims adversely to the testator and disputes his rights to deal ...... just and proper and calls for no interference. The appeal is accordingly dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 164 ..Category: Property Law | Date: | Hits: 67
Forkan alias Farhad and and another Vs. State, 1995, 24 CLC (AD)
....Penal Code against the appellants have been proved beyond the shadow of reasonable doubt. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 149. ......e for about two weeks. It is also the case of the prosecution that the appellants and Golap Mia inflicted the injuries on Jaj Mia with the intention to kill him. 3. The defence case as it appears from the trend of cross examination is that the appellants were absolutely innocent. They were not n......es of the appellants as a time when P.Ws.3 and 4 were present together. But a careful scrutiny of the evidence of these two witnesses will show that in the homestead Milon was there and he also heard independently from Jaj Mia about the story of recognition. It appears to us that P.W.s 3 and 4 who w......Penal Code against the appellants have been proved beyond the shadow of reasonable doubt. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 149. ..Category: Criminal Law | Date: | Hits: 49
Special Reference No. 1 of 1995, 24 CLC (AD)
.... Mohammad Ismailuddin Sarker J. - I am in complete agreement with the learned Chief Justice and I have nothing more to add. Ed. This Reference is also Reported in: 47 DLR (AD) (1995) 111. ......bsence of some members of the Parliament consequent upon their walking out of the House first and then resorting to boycott of the Parliament. 2. Being first of its kind, it is necessary to begin from the beginning. Article 106 reads thus: 106. If at any time it appears to the President that......liament is 5 (five) years since that date as provided in Article 72 (3) of the Constitution; D. And Whereas Parliament comprised of members belonging to different political parties and elected as independent as noted below: BNP-170 Awami League-92 Jatiya Party-35 Jamaat‑e‑Isl...... Mohammad Ismailuddin Sarker J. - I am in complete agreement with the learned Chief Justice and I have nothing more to add. Ed. This Reference is also Reported in: 47 DLR (AD) (1995) 111. ..Category: Constitutional Law | Date: | Hits: 248
Sadharan Bima Corporation Vs. Sanjib Kumar Das & another, 1995, 24 CLC (AD)
....nterpretation given by the High Court Division, we dismiss the appeal for the reasons above without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 97 ......Ali, Advocate‑on‑Record ‑For the Respondent No. 2. Civil Appeal No.4 of 1994 (From the Judgment and Order dated 24.8.93 passed by the High Court Division in Appeal from Original Decree No.267 of 1992). Judgment: &n......nterpretation given by the High Court Division, we dismiss the appeal for the reasons above without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 97 ......allowing the law to stand rather its overruling would be productive of inconvenience. In order to ensure certainty and consistency in the law and to preserve the sanctity of precedent as a good source of law it would be eminently just and proper to follow the principle of stare decisis..........Category: Business or Commercial Law | Date: | Hits: 114
Col. Md. Hashmat Ali (Retired) of Bangladesh Army Medical Corps Vs. Bangladesh, 1995, 24 CLC (AD)
....uring the proper discharge of their duties. There is no merit in this appeal and, accordingly, it is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 01 ...... 1 April 1954 in the Army Medical Corps. He got the substantive rank of Colonel on 12 March 1976. On secondment his service was placed at the disposal of the Ministry of Health and Family Planning from 19 April 1974 to 19 June 1983. He was promoted to the post of Director‑General of Family......uring the proper discharge of their duties. There is no merit in this appeal and, accordingly, it is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 01 ...... it was held that executive action was not immune from judicial review merely because it was carried out in pursuance of a power derived from a common law, or, prerogative, rather than a statutory source, and a minister acting under a prerogative power might, depending on its subject matter, be ..Category: Constitutional Law | Date: | Hits: 203
Haji Kasimuddin Mandal Vs. Md. Jalaluddin Pramanik, 1996, 25 CLC (AD)
....der of the High Court Division and restore the judgment and decree of the Court of Small Causes, Bogra. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 305, 48 DLR (AD) (1996) 205 ......pealed against is all too brief and does not disclose the facts of the case nor does it dwell upon the legal propositions involved to any extent of satisfaction. We had to glean the facts of the case from the judgment of the Small Cause Court Judge. They are, in a nutshell, that the original plainti......der of the High Court Division and restore the judgment and decree of the Court of Small Causes, Bogra. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 305, 48 DLR (AD) (1996) 205 ......der of the High Court Division and restore the judgment and decree of the Court of Small Causes, Bogra. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 305, 48 DLR (AD) (1996) 205 ..Category: Tenancy Law | Date: | Hits: 87
Collector of Customs, Chittagong and Others Vs. Ahmed Hossain and 39 Others, 1996, 25 CLC (AD)
.... above, we do not find it necessary to grant leave. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 253, 48 DLR (AD) (1996) 199 ......ated 14-6-1990 which was in force on the date of opening of the letter of credit. The writ-petitioner received bill of lading dated 20-11-91 and invoice dated 19-11-91. The ship carrying the goods from Singapore arrived at the Chittagong Port on 30-11-1991. The writ-petitioner approached the C...... exercise of the power of delegated legislation. In reaching the said conclusion sections 19 and 30 of the Customs Act were interpreted and it was held that notification issued under section 19 is independent of the rate of duty mentioned is section 30 and there is no connection between section ...... above, we do not find it necessary to grant leave. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 253, 48 DLR (AD) (1996) 199 ..Category: Business or Commercial Law | Date: | Hits: 126
Fazle Karim and others Vs. Government of Bangladesh and others, 1995, 24 CLC (AD)
....a rehearing of the matter. If a case is permitted on these grounds, there will not be case for refusal. The petition is dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 178.......y-General instructed by B. Hossain, Advocate-on -Record- the Respondents. Civil Review Petition No. 6 of 1990. Judgment ATM Afzal J.- This review petition by the plaintiff-respondents is from judgment and dated 26 November, 1989 passed by this Civil Appeal No. 36 of 1989 allowing the sa......a rehearing of the matter. If a case is permitted on these grounds, there will not be case for refusal. The petition is dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 178.......ued in that it ought to have been held that it was clearly found in that suit that public notice under section 5(1a) was not served. Thirdly, Mr. Ahmed submits that the observations made as to the “source material” i.e., the order sheet Ext.1 are not proper and correct. Fourthly, he submits that..Category: Property Law | Date: | Hits: 80
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