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Nasima Begum Vs. Government of Bangladesh, 1997, 26 CLC (AD)
....t at all. Further, the three criminal cases started against the detenu under section 392 of the Penal Code having ended in final report his continued detention for preventing him from committing prejudicial acts is not justified in law. 8. At the time of granting leave the appellant filed......ld in custody without lawful authority. Let the detenu be set at liberty forthwith if not wanted in any other connection. Ed. This case is also reported in: 49 DLR (AD) (1997) 102 ..Category: Criminal Law | Date: | Hits: 99
.... statement and, as such, no arguments were allowed to be made on his behalf.
The appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 49 DLR (AD) (1997) 87.
......vernment Secondary School. The writ petitioners have the right to get salaries and other entitlements from the School so long as they are the teachers and/or employees of the same. Whether the school functions at Alampur or Khudbandi is immaterial unless it is abolished in accordance with law, becau..
Category: Employment/Service Law | Date: | Hits: 95
Ezaher Meah & others Vs. Shaher Banu and others, 1997, 26 CLC (AD)
....chase as null and void and cancel it and order the original promissor to carry out his contract by executing the sale deed in favour of the plaintiff.” 8. The conflict in the judicial views was resolved by the Supreme Court of India in Durga Prasad vs. Deep Chand, AIR 1954 S...... legal position we find no substance in the contention of the petitioners. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 85 ..Category: Property Law | Date: | Hits: 73
Khairunnessa being dead, her heirs F. Alam & ors Vs. Zobaida Nahar @ Zharna & ors, 1997, 26 CLC (AD)
....t be restored. The defendant may take back the amount if already deposited in the trial Court. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 430, 49 DLR (AD) (1997) 77 ......t be restored. The defendant may take back the amount if already deposited in the trial Court. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 430, 49 DLR (AD) (1997) 77 ..Category: Property Law | Date: | Hits: 82
Rupe Jahan Begum and others Vs. Lutfe Ali Chowdhury and others, 1997, 26 CLC (AD)
.... result, this appeal is allowed with costs and the impugned judgment and order of the High Court Division stand set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 73 ...... result, this appeal is allowed with costs and the impugned judgment and order of the High Court Division stand set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 73 ..Category: Procedural Law | Date: | Hits: 140
Reazuddin Ahmed (Md) Vs. State and another, 1996, 25 CLC (AD)
.... conviction he has noticed that the accused appellant an Ex-Chairman of the Union Parishad was aged about 70 years and he had also been suffering from mental imbalance. 8. In the exercise of judicial discretion to dispose of the appellant’s revisional application the learned Judge of the ......on as well as the order of conviction and sentence passed against the appellant under section 406 of the Penal Code. Ed. This Case is also reported in: 49 DLR (AD) (1997) 64; 1997 BLD (AD) 123. ..Category: Criminal Law | Date: | Hits: 78
Resima Sultana Vs. Khaez Ahmed Mojumder, 1997, 26 CLC (AD)
....ain conditions including one of limitation but under sub-section (5) there is no such condition except that the power should be exercised “as it deems fit” i.e. in exercise of a proper judicial discretion. The power is wider under sub-section (5) and may be used either on application...... The contentions raised by the appellant fail and accordingly the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 57 ..Category: Family Law | Date: | Hits: 144
Anwaruddin Bepari Vs. Assistant Commissioner (Land) and Others, 1997, 26 CLC (AD)
....d without lawful authority and be of no legal effect. There will, however, be no order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 94, 49 DLR (AD) (1997) 48 ......d without lawful authority and be of no legal effect. There will, however, be no order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 94, 49 DLR (AD) (1997) 48 ..Category: Property Law | Date: | Hits: 88
Abul Ahsan Vs. Administrator of Pabna Cham. of Com. & Ind. & anr, 1997, 26 CLC (AD)
....terlocutory order passed by the High Court Division, especially when such order is passed upon hearing both the sides and in exercise of its discretion, unless the discretion is exercised wholly unjudicially or is so palpably wrong that it shocks the judicial conscience. So far as the impugned o......tion and as a result the Ministry of Commerce having been satisfied with the explanation submitted by the petitioner by their letter dated 5-2-95 allowed the present Committee to perform its normal functions with a direction to hold its election on due date. Thereafter suddenly the petitioner rec..Category: Procedural Law | Date: | Hits: 122
Kamrul Hasan Vs. Bangladesh and others, 1997, 26 CLC (AD)
....bsp; 5. It has been held by this Division in a number of cases that Administrative Tribunal has, no doubt, all the trappings of a court but it is not a Court proper, which exercises all the judicial powers of the Court provided under the Code of Civil Procedure. Reference may be made of t......having already been decided by this Division, the petition does not merit consideration and accordingly, it is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 44 ..Category: Administrative Law | Date: | Hits: 149
State Vs. Golam Mostafa & ors., 1997, 26 CLC (AD)
....rs in the hand of an inept prosecution. 18. It has been noticed that within about 2 months of the occurrence charge-sheet was submitted against the respondents on 22-9-82. The alleged judicial confession made by respondent No. 1 was also recorded soon after the occurrence. It has al......ave already taken place. For the reasons stated above the appeal is dismissed subject to the modification as above. Ed. This case is also reported in: 49 DLR (AD) (1997) 32 ..Category: Criminal Law | Date: | Hits: 120
Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)
....n and from the scheme and objective of the Constitution itself. ……………………(70) Article 7 Article 7 does not contain empty phrases. It means that all the legislative, executive and judicial powers conferred on the Parliament, the Executive and the Judiciary respectively are consti......ellant should be given locus standi to maintain the writ petition on their behalf. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 1, 17 BLD (AD) 1997, 1; 1 BLC (AD) (1996) 189. ..Category: Constitutional Law | Date: | Hits: 450
Government of Bangladesh and another Vs. Mashiur Rahman and others, 1998, 27 CLC (AD)
.... Judgment June 4, 1997. The Code of Civil Procedure, 1908 (V of 1908), Or. IX r. 13 It is a cardinal principle of administration of justice that no result of any judicial proceeding should be allowed to receive judicial approval from any court of law whenever i......udge, 1st Court. Dhaka is allowed and Title Suit No.142 of 1986 is restored to its original file and number. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 205. ..Category: Property Law | Date: | Hits: 76
Bangladesh Krishi Bank Vs. Meghna Enterprises and another, 1998, 27 CLC (AD)
....not be resorted to under the Act to recover Bank’s claim without verification and determination is contrary to the law as indicated above. The learned Judges by total non-application of their judicial minds failed to consider this vital aspect and illegally held that certificate was issued......ourt Division is not sustainable in law. Consequently, both the appeals are allowed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 194; 52 DLR (AD) (2000) 57. ..Category: Business or Commercial Law | Date: | Hits: 150
Meghna Petroleum Limited Vs. Commissioner of Taxes (East Zone) Dhaka, 1998, 27 CLC (AD)
.... forthwith to the High Court Division for taking necessary steps in accordance with the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 165. ...... Secretary and endorsed to Board for information”. 14. Now the legal position which is not disputed is that, all officers and other persons engaged in the performance of any functions under the Income Tax Ordinance, 1984 shall, in the matter of discharging those functions,..Category: Fiscal/Taxation Law | Date: | Hits: 97
Bangladesh Vs. Mahbubuddin Ahmed, 1998, 27 CLC (AD)
.... an order of dismissal from service under MLO No. 9 was effective or not for non-communication of the same on the affected person can be decided by the Administrative Tribunal and for this exercise judicial review was not necessary. Indeed the matter being one relating to the terms and conditions......against him at any time. For the reasons, however, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 154. ..Category: Administrative Law | Date: | Hits: 125
Bangladesh Railway and ors. Vs. Pranab Kumur Chakraborty and ors., 1996, 25 CLC (AD)
....wed without any order as to costs. The impugned judgment and decree passed by the High Court Division are set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 150. ......because the definition of the “Railway Administration” as above was applicable with reference to that particular Act and there is nothing in the said Act to show that it is one of the functions of the Railway Administration to make any transfer of the acquired land. The authority w..Category: Administrative Law | Date: | Hits: 130
.... will be of no avail without the foundation of minutes of the meeting which is yet to be produced.
11. Mr. Ahmed has next submitted that the High Court Division erred in law in not following the judicial principles in respect of granting temporary injunction, particularly that not to affect the......erit of reminding an old wisdom of joining even unfriendly hands for protecting a common inheritance.
The petition is dismissed.
Ed.
This Case is also Reported in: 50 DLR (AD) (1998) 138...
Category: Business or Commercial Law | Date: | Hits: 121
Commissioner of Customs, Chittagong Vs. Giasuddin Chowdhury and another, 1998, 27 CLC (AD)
.... to address us on this question as Amicus curiae and the substance of his submission is that with the introduction of section 196C to the Customs Act, 1969 by an amendment in 1996, a self-contained judicial appellate authority has been created for adjudication on customs matters and provision ha......pon furnishing a proper bank guarantee for the balance as already assessed by the Customs Authority on the respondent. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 129. ..Category: Criminal Law | Date: | Hits: 119
Aung Shwe Prue Chowdhury Vs. Kyaw Sain Prue Chowdhury and others, 1997, 26 CLC (AD)
....r approval of the Prime Minister on the ground that the appellant was a collaborator of the Pakistan occupation army and was a Minister of Malek cabinet in 1971, that he was involved in activities prejudicial to the liberation of Bangladesh, that he was detained for a long period after liberation as......others, all of whom are younger in age to the appellant who is highly educated and was State Minister of Bangladesh during 1979-1982. The appellant is physically fit and mentally alert to perform the functions of the Bohmong Chief’s office. According to the customs as to succession of Chiefship of..Category: Civil Law | Date: | Hits: 203
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