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Sri Monmotha Nath Kuri Vs. Mvi Mohammad Mokhlesur Rahman and others, 1973, 2 CLC (AD)

....and unimpeachable sound health." She was also said to have been a "rare expert" in singing and dancing at her age. Her versatile genius and good qualities made her participation sought after at every public or private function in the locality. By her death the plaintiffs had lost all charms and desi...... raise the same in the execution proceedings. As the question of law raised is one of first impression we make no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 49. ..

Category: Others | Date: | Hits: 124

Commissioner, Khairpur Division, Khairpur and another Vs. Ali Sher Sarki, 1973, 2 CLC (AD)

....­ruction of section 18 of the Ordinance. Under section 13 the Tribunal may if satisfied as a result of the inquiry held by it that the person complained against is frequently drunk and disorderly in public, or is in the habit of us­ing obscene or abusive language in public, dec­lare that such a p...... In the result, the appeal is dismissed but as the respondent has not put in appearance there shall be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 41. ..

Category: Criminal Law | Date: | Hits: 49

Tripura Modern Bank Ltd. Pakis. Zone, Chittagong Vs. Khan Bahadur Khalilur Rahman, 1973, 2 CLC (AD)

.... is dis­puted, the Commissioners may publish twice at an interval of three months, a notification of sale of such holding and after the expiry of not less than three months from the date of the last publication, unless the amount recoverable be paid may sell such holding to the highest bidder, who ......ment and decree of the High Court are set aside and these of the trial Court resto­red. There will, however, be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 34. ..

Category: Banking Law | Date: | Hits: 230

The Advocate-Gene­ral, Govt. of East Pak, Dacca Vs. Benoy Bhusan Majumdar & ors, 1973, 2 CLC (AD)

....ground that they were not 'foreigners' within the meaning of section 2(a) of the Foreigners Act. We, accordingly, dismiss the appeal. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 9. ...... voters in Pakistan in 1964, that they went to India after the disturbances in 1964, that before their departure they had told   him that they would come back  to Pakistan after the restoration of peace, that they did not sell any of their properties before their departure for India, that they re..

Category: Criminal Law | Date: | Hits: 59

Bangladesh Biman Corporation & others Vs. Md. Yousuf Haroon & others, 2002, 31 CLC (AD)

....he Corporation has been allowed to take action as a retiring authority in place of the Government. Section 9(2) of the Act is as follows: “The Government may, if it considers necessary in the public interest so to do, retire from service a public servant at any time after he has completed tw......d without any order as to cost. Order of the Court By a majority decision the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 161. ..

Category: Employment/Service Law | Date: | Hits: 186

Bangladesh and others Vs. Dr. Shamima Sultana Rita, 2002, 31 CLC (AD)

....egally this cannot be looked into by any one except of course, by the Public Prosecutor.  In a proper case for its satisfaction a Court may themselves peruse the dairy but it cannot be made a public document………..(7)    Lawyers Involved: &...... Appeal has become infructuous and accordingly, dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 151.  ..

Category: Criminal Law | Date: | Hits: 65

Director, Housing and Building Research Institute Vs. Darus-Salam Co-operative Housing Society Ltd. and others, 2002, 31 CLC (AD)

.... the Housing and Building Research Institute to transfer some land of the Darus-Salam Co-operative Housing Society Ltd. comprising CS Plot Nos. 8, 9, 10, 16, 17 and 47 area more or less 4.64 acres to public Works Department for construction of some flats under the above scheme in exchange of @ Taka ......d Title Suit No. 187 of 1962 in the Court of Subordinate Judge, Dhaka on 24th December, 1962 seeking declaration of title with the prayer for injunction restraining the defendants from disturbing the peaceful possession of the Society and that from raising construction. The Court of Subordinate Judg..

Category: Property Law | Date: | Hits: 54

Mahbubur Rahman and others Vs. Taslimuddin Ahmad and others, 2002, 31 CLC (AD)

.... For the reasons stated above, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 97.  ...... For the reasons stated above, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 97.  ..

Category: Administrative Law | Date: | Hits: 91

Hyundai Corporation Vs. Sumikin Bussan Corporation & others, 2001, 30 CLC (AD)

....e decision making authority that would ultimately finalise the matter of procurement of the cranes (14 & 15). Since transparency in the policy/decision making as well as in the functioning of public bodies is desired to prevent exercise of the same for collateral purpose, transparency of the......he High Court Division. In aforestated view of the matter this petition is dismissed with the observations made hereinbefore. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 88. ..

Category: Others | Date: | Hits: 130

Bangabir Kader Siddiqui, Bir Uttam Vs. Government of Bangladesh, 2002, 31 CLC (AD)

....quo; and the Awami League candidate with symbol ‘Boat’. It is the case of the petitioner that the party in power took this election as a prestige issue and has caused pressure upon the public servants to influence the result of the by-election in favour of their own candidate. The Pr...... misused their official position to influence the result of the election in flagrant violation of the provision of law. Due to the influence of the ruling party people by-election could not be held peacefully which have been reported in national dailies on 15-11-1999. There were widespread violat..

Category: Election Law | Date: | Hits: 158

BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)

....  Mahmudul Amin Choudhury CJ.- These appeals by leave are against judgment and order passed in Writ Petition No.4938 of 1999 by a Division Bench of the High Court Division which was filed as a public interest litigation questioning the validity of certificate dated 4-4-1999 of Bangladesh Ba......se appeals.   Accordingly, the same are dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 36.  ..

Category: Constitutional Law | Date: | Hits: 199

Khairullah (Md) Vs. ADC (Revenue) and another, 2001, 30 CLC (AD)

....ion 115 of the Code of Civil Procedure. He argued that the Government has no special status in the matter of condonation of delay and it is well settled that they should be treated equally with other public litigants. He submits that the Government respondent failed to make out a case for condonatio...... Court Division in exercising the discretion. 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) 13. ..

Category: Procedural Law | Date: | Hits: 121

Md. Marfat Ali Miah Vs. Sree Jagadish Chandra Sheel and others, 2006, 35 CLC (AD)

..... The Other Class Suit No. 82 of 1991 is restored to its file and number. The trial Court is directed to dispose of the suit expeditiously. There is no order as to costs. Ed. ....... The Other Class Suit No. 82 of 1991 is restored to its file and number. The trial Court is directed to dispose of the suit expeditiously. There is no order as to costs. Ed. ..

Category: Civil Law | Date: | Hits: 77

Government of Bangladesh and others Vs. Md. Shahjahan Gazi, 2006, 35 CLC (AD)

....ct, as Fatullah P. S. Case NO. 10(2)88 under Section 18(A). And Sections 3 and 4 of the Explosive Substance Act was filed against the petitioner. It was stated that the action has been taken in the public interest. That there is no case pending against the petitioner being Fatullah Police Statio......id Sections 3 ad 4 of the Explosive Substance was started against him and charge sheet was submitted in the case. Accordingly the authority concerned considering the question of security of public peace has cancelled his licence being licence No.7/84. It is further stated that since the petition..

Category: Criminal Law | Date: | Hits: 42

Government of Bangladesh and others Vs. A.K.M. Fazlul Haque, 2006, 35 CLC (AD)

.... Additional Secretary-in- Charge, Ministry of Social Welfare by his order   dated 16.6.1991 framed charge against him. There were many other allegations in the charge as regards misuse of public money, misappropriation and irregularity in dealing Government money etc. The allegations we......stance in the appeal in order to interfere with the impugned judgment and order of High Court Division. 24. The appeal is, accordingly, dismissed without any order as to cost. Ed. ..

Category: Administrative Law | Date: | Hits: 124

A. R. A. Jute Mills Limited Vs. Janata Bank and others, 2006, 35 CLC (AD)

....ed 12.05.2004 passed by the High Court Division in Writ Petition No. 1372 of 2001.) Judgment:       Amirul Kabir Chowdhury J. - A.R. A. Jute Mills Limited, a public Limited Company-the writ petitioner has filed this petition for leave to appeal against the ......t the High Court Division correctly decided the matter and as such it does not call for our interference. 24. In view of the discussion made above, the petition is dismissed. Ed. ..

Category: Banking Law | Date: | Hits: 121

Siddique Ahmed Chowdhury & others Vs. Gani Ahmed and others, 1979, 8 CLC (AD)

....cree dated 3-9-76 passed by the High Court in S A. No. 409 of 1965.) Judgment Kemaluddin Hossain CJ.- In this appeal leave was granted to consider a short question of law but of considerable public importance; that the special rule of onus to prove validity of a document executed by a parda......is is a question of fact and hardly arises in this appeal by spe­cial leave. For the foregoing reason, we dismiss the appeal with costs. Ed. This Case is also Reported in: 33 DLR (AD) 1. ..

Category: Property Law | Date: | Hits: 53

Government of Bangladesh Vs. Md. Abdus Subhan &. others, 1979, 8 CLC (AD)

....n of P.O. 16 of 1972 is illegal and as such the provision of M.L.R. VII 1977 has no application. The petition is therefore dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 255.......n of P.O. 16 of 1972 is illegal and as such the provision of M.L.R. VII 1977 has no application. The petition is therefore dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 255...

Category: Property Law | Date: | Hits: 67

Abdul Jabbar Khan @ Jabbar Khan & ors Vs. State and another, 1980, 9 CLC (AD)

....gment and order dated 16-2-77 passed by the High Court Division in Criminal Revi­sion No. 152 of 1974). Judgment: Badrul Haider Chowdhury, J: — In this appeal by special leave a question of public importance has been raised as to whether the High Court Division was correct in directing the......oned in the original com­plaint petition and sent up for trial by the police and he will be guided by the principles enunciated above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 247 ..

Category: Criminal Law | Date: | Hits: 60

Bangladesh Vs. Hail Abdul Gani Biswas and others, 1980, 9 CLC (AD)

....ion being section 95A has been inserted in the said Act. A number of writ petitions were filed and the High Court Division dis­posed of these petitions by one judgment as the same question of law of public importance had been raised and on consideration of which a certificate was also granted. Vire......ion of the High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 233 ..

Category: Property Law | Date: | Hits: 85