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Abdur Rashid Mollah Vs. Bangladesh, 2003, 32 CLC (AD)
....ver dispossessed and he was also never issued with any notice to surrender. It further appears that the Government-respondents did not take any step to take over the possession of the same till publication of the Gazette notification on 23-9-1985. It further appears that even after publication......of 1986 before learned Subordinate Judge, 2nd Court, Dhaka for setting aside the aforesaid ex parts decree, which was dismissed for default on 7-2-89. The appellant claimed to have been in continuous peaceful possession of the suit property since 20-12-71 and was never dispossessed therefrom. The Go..Category: Property Law | Date: | Hits: 108
ASI Md. Ayub Ali Sardar and another Vs. State, 2005, 34 CLC (AD)
....their duty in their official capacity and that they were rather attacked by the inmates of the house and were injured seriously and, in fact, did not commit any offence as alleged and that they being public servants committing the alleged offence in their official capacity, the trial has been vitiat......their sentence. Be that as it may, we find that this petition has no substance. Accordingly, the criminal petition is dismissed. Ed. This Case is also Reported in: 58 DLR (AD) (2006) 13...Category: Criminal Law | Date: | Hits: 78
Bijoy Kumar Chakroborty Vs. Md. Muzaffar Hossain , 2006, 35 CLC (AD)
.... is further stated in the plaint that if the cinema hall be allowed to run in the midst of residential area, the social environment of the local people will be disturbed and peaceful atmosphere of public life will also be disturbed. Hence the suit. 3. The defendants contested the s......ative and void; that it is further stated in the plaint that if the cinema hall be allowed to run in the midst of residential area, the social environment of the local people will be disturbed and peaceful atmosphere of public life will also be disturbed. Hence the suit. 3. The def..Category: Property Law | Date: | Hits: 69
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
....ly the Upazila Parishad. The learned Judges of the High Court Division, for different reasons, some of which are common, dismissed all the petitions, but issued the Certificate since the matter is of public importance involving a substantial question of law as to the interpretation of the Constituti...... judicially enforceable". The reason for not making these principles judicially enforceable is obvious. They are in the nature of People's programme for socio‑economic development of the country in peaceful manner, not overnight, but gradually. Implementation of these Programmes require resources,..Category: Constitutional Law | Date: | Hits: 655
Sonali Bank Vs. United Commercial Bank Ltd. and others, 1992, 21 CLC (AD)
.... and no other sub‑section need be considered. Sub‑section (2) reads as follows: (2) No company limited by shares other than a private company, not being a subsidiary of a public company, shall give, whether directly or indirectly, and whether by means of a loan, guaran......s which were lying with respondent No. 1 against the outstanding liabilities of the judgment‑debtor No. 2 were sold and the share certificates were delivered to the purchasers. Ed. ..Category: Business or Commercial Law | Date: | Hits: 124
Saleem Ullah Vs. The State, 1992, 21 CLC (AD)
....able in law. It is asserted that there is nothing in the report that can be said to tend or calculated to interfere with the course of justice either by prejudicing a fair trial or the mind of the public against the persons as parties in the litigation. 9. The learned Counsel for the......r updating the law of Contempt of Courts in the light of our Constitution, recent changes in media communications, and practice in comparable jurisdictions in other countries. Ed. ..Category: Criminal Law | Date: | Hits: 141
State Vs. Montu alias Nazrul Haque & others, 1992, 21 CLC (AD)
....vidence given by PWs 4, 8, 9, 10 and 11 we do not find any reason to re‑open this issue. Three defence witnesses were also examined; but they did not say that they had seen the members of the public subjecting Tara to mass‑assault (gano pituni). Nor do we find anything in the cross......ntu is directed to surrender to his bail bond to serve out the sentence now imposed on him. Criminal Petition No. 30 of 1988 is disposed of in terms of Criminal Appeal No. 2 of 1989. Ed. ..Category: Criminal Law | Date: | Hits: 93
Rafiqul Islam Vs. State, 1992, 21 CLC (AD)
....sed at the playground of Salimabad Primary School. Shahid brought out a dagger from his pocket and stabbed Abul Hossain in front of his left ear. The victim died instantaneously. The members of the public apprehended Shahid, Mansur Ali and the appellant and they were handed over to the police ......ich the appellant did not share. In the result, the appeal is allowed. The appellant is acquitted. Let him be released at once if not wanted in connection with any other case. Ed. ..Category: Criminal Law | Date: | Hits: 65
Managing Director, Rupali Bank Limited and others Vs. Tafazal Hossain and others, 1992, 21 CLC (AD)
....ice in view of the Administrative Tribunals, Act, 1980, which has ousted the Civil Court's jurisdiction in all matters relating to terms and conditions of service of persons in the service of the Republic or of any statutory authority, like the appellants' Bank. 2. Respondent‑plainti......matter the decree passed in the suit is void. The result, therefore, is that this appeal is allowed, the impugned decree is set aside and the suit is dismissed. No order as to cost. Ed. ..Category: Administrative Law | Date: | Hits: 130
Mozahar Ali Howlader Vs. Lal Miah Talukder and another, 1992, 21 CLC (AD)
....e made "Senior Special Judges" in respect of their Sessions Divisions. Creation of new Districts or Sessions Divisions does not require fresh Notification as to Senior Special Judge. Moreover, when a public functionary is found to have been acting in a particular capacity in normal course the Court ......rt Division is modified accordingly and it is directed that the accused‑petitioner be tried by the Sessions Judge and Ex‑officio Senior Special Judge, Jhalakati. The petition is dismissed. Ed. ..Category: Anti-Corruption Laws | Date: | Hits: 100
Habibur Rahman Vs. Sree Jogiswar Roy Chowdhury Chand and others, 1992, 21 CLC (AD)
....is outside of the net. For the above reasons we find no ment in the appeal. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 247. ......is outside of the net. For the above reasons we find no ment in the appeal. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 247. ..Category: Property Law | Date: | Hits: 82
.... and his seeking of mercy have not found a place in the entire consideration. While the anxiety of the High Court Division for the desideratum is appreciated and the dissertation as to performance of public duty in carrying out court's orders is appropriate, even then, it falls to be said that the f......tice will be sufficiently met if the unconditional apology of the appellant is accepted and the sentence remitted. It is ordered accordingly.
The appeal is disposed of in the aforesaid terms.
Ed...
Category: Criminal Law | Date: | Hits: 88
Chairman, Kushtia Cooperative Industrial Union Ltd Vs. Mujibur Rahman & others, 1992, 21 CLC (AD)
....o. 283 of 1989 on 6.6.89. A miscellaneous case challenging the excitability of the decree was dismissed by the executing court on 1st January, 1990. The petitioner contends that the order was made public on 15th January, 1990 and on that day he made an application for time to move the High Court...... the superior Court. Normally, therefore, an advocate's information will be honoured by the Court, unless a strong case for refusal is made out by the Court in its order of refusal. Ed. ..Category: Property Law | Date: | Hits: 98
BD Chemical Industries Corporation & another Vs. M/s Sattar Match Works & ors, 1992, 21 CLC (AD)
.... has to provide for some ways and devices in the exercise of his expertise and discretion as would protect the interest of the competing Proprietors and, what is more important, the interest of the public in general to save them from possible deception and confusion. The Registrar is the compete......a period of six months from the date of filing of the application. Civil Appeal No. 36 of 1991 is dismissed. There will be no order as to cost in either of the appeals. Ed. ..Category: Intellectual Property Law | Date: | Hits: 227
Muhammad Muslim Ali Vs. Bangladesh and others, 1992, 21 CLC (AD)
....n Administrative Tribunal Case No. 172 of 1988. 2. The petitioner, a former Upazila Magistrate and Officer on Special Duty, Ministry of Establishment, Government of the People's Republic of Bangladesh, appeared in Person. 3. Following departmental inquiry, he was re...... found that further inquiry was held in accordance with the Rules. There is thus no substance in this petition which is dismissed after condoning the delay in filing the same. Ed. ..Category: Administrative Law | Date: | Hits: 123
...., located at Airport Road, Tejgaon, Dhaka on a leasehold land of 3.28 acres, in pursuance of an agreement for sale dated 13.9.77 entered into between the appellant and the President of the People's Republic of Bangladesh. The appellant received a Notice dated 15.6.88 from respondent No. 1. Director,......eal is dismissed without any order as to costs. Four months' time from date is granted to remove the structures, machineries, etc. from the disputed land.
Ed.
This Case is also Reported in:
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Category: Property Law | Date: | Hits: 68
State Vs. Abdul Mannan @ A Mannan and others, 1992, 21 CLC (AD)
.... Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J State, represented by the Solicitor to the Government of the People's Republic of Bangladesh ......................Petitioner. Vs Abdul Mannan @ A Mann...... should not normally differ from sobriety, moderation and reserve. A Judge is not expected to import his own notions and ideas into law, as we are not making legislative enactments. Ed. ..Category: Criminal Law | Date: | Hits: 92
Sec, Min of Food, Food Div., Govt. of Bangladesh, Dhaka & others Vs. M/s. MF Ltd, 1992, 21 CLC (AD)
.... are intended for official use. We are not impressed by this argument, for edible oil, butter oil, milk powder, weighing scales may be imported from abroad by Government for sale to any members of public as well and that they need not be used by the Government themselves for official purpose. An......w that the lessee knew that the properties were liable to the octroi. 11. In the result, we find no substance in this appeal which is therefore dismissed. No order as to cost. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 92
Hussain Mohammad Ershad Vs. The State, 1992, 21 CLC (AD)
.... was not a part of the trial, that section 344 Cr.P.C. was not attracted in the facts of the present case, that to postpone a trial of a Criminal case the court ought to be guided by consideration of public interest and public policy only and not by the interest of a private party and that the petit......smissed. Stay granted by this Court on 26.1.92 is vacated. No observation in the interlocutory proceedings binds the trial Court on the merit of the case. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: | Hits: 88
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....ppellate Tribunal & others…..Respondents (In Civil Appeal No. 4 of 1991) Judgment November 28, 1991. Result: The appeals are dismissed. The Constitution of the Peoples’ Republic of Bangladesh, 1972, Articles 102, 117 & 117(1) The Administrative Tribunal Act, 1980 ...... the Supreme Court which exercises the judicial power of the State. I concur again with the decision of my learned brother, MH Rahman J. Ed. This Case is also Reported in: 44 DLR (AD) 111. ..Category: Administrative Law | Date: | Hits: 203
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