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Displaying 2141-2160 of 2569 results.
Serajul Islam (Md) Vs. The Director General of Food, 1990, 19 CLC (AD)
....the High Court Division rightly found a bar to its jurisdiction under Article 102 of the ConstituÂtion. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 199. ...... up a departmental proceeding against him. 2. Petitioner was Inspector of Food and In-charge of Sylhet LSD at the relevant time. On the allegation of gross neglect of duty i.e. his failure to take action for recovery of loss on account of RailÂway transit shortage amounting to Tk. 47.9 lacs. A c..Category: Constitutional Law | Date: | Hits: 159
Akhlasur Rahman and other Vs. Safarullah and others, 1990, 19 CLC (AD)
....vision cannot be legally sustained. In the result, therefore, the appeal is alÂlowed and the impugned judgment set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 189. ......lowed. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), section 96 The Evidence Act, 1872 (I of 1872), section 115 The pre-emptor took a leading part in bringing about the transaction; he assisted the sellers in selling the land, encouraged the buyers to purchase it and himsel..Category: Property Law | Date: | Hits: 47
Abed Ali Vs. State, 1990, 19 CLC (AD)
....ve felt obliged under the law to sustain the order of conviction and sentence. In the result, therefore, the appeal is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 171. ......r culpable homicide not amounting to murder. The learned Judges of the High Court Division upon a proper consideration of the facts and law, however, rejected the said contenÂtion and held that the "action of the appellant in this case was out of proportion to the gravity or magniÂtude of the prov..Category: Criminal Law | Date: | Hits: 65
Md. Sarwar Vs. Bangladesh, 2005, 34 CLC (AD)
.... the opinion that the High Court Division took a correct view and as such the impugned judgment does not call for any interference. The leave petition is, therefore, dismissed. Ed. ......3 promoted 19 departmental promotees, the respondent Nos. 5 to 23 to the posts of Superintendents of Police, although the writ petitioners were senior to them and so the petitioners challenged the action before the High Court Division in its writ jurisdiction and the High Court Division in its w..Category: Employment/Service Law | Date: | Hits: 80
Mosharraf Hossain Chowdhury and other Vs. Md. Jahurul Islam Chowdhury & ors, 2006, 35 CLC (AD)
....is directed to handover the property of schedule 'Kha' and 'Ga' to the appellants i.e. the contesting defendants. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 133; ......t to distinguish the possession of Khateman from that of Izzatullah Chowdhury', that question of inadequate consideration will not be a sufficient ground for taking the view that the transaction was a benami transfer since the transfer in question by Ext.1 was made by a foster fath..Category: Property Law | Date: | Hits: 67
Bangladesh Vs. Mst. Saleha Khatun and others, 2006, 35 CLC (AD)
.... Evidence Act is not available to the same. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. ......are of more than 30 years old and also the other evidence on record, that lower appellate Court was in error in holdÂing that the documents are of recent origin and that upon resorting to artificial action attempt has been made to give the docuÂments look of oldness or in other words of long time ..Category: Property Law | Date: | Hits: 42
BRDB and others Vs. Md. Idris Ali Akond and others, 1998, 27 CLC (AD)
....fication for making an order of remand as prayed for which will be a ceremony too idle to be permitted. In the result, the appeal is allowed without any order as to cost. Ed. ......t his wife took a loan of Tk.72,000/- from the Sonali Bank, Savar Branch as per decision of the concerned authority and she duly repaid the loan and the fact of repayment was noted with satisfaction in resolution No.2 dated 9.5.1986 of the Upazila Central Co-operative Association, Savar to ..Category: Employment/Service Law | Date: | Hits: 73
Nur Hussain and other Vs. Jamuna Bank Ltd and others, 2005, 34 CLC (AD)
....ll disposal of the appeal in Civil Petition No.20 of 2004. The petitioners are also permitted to add additional ground in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ......ctors of the Bank in strict compliance with the terms and conditions set by Bangladesh Bank and other regulatory authority only. Respondent No. 3 was not given any authority to make any monitory transaction with any body in connection with the share capital and the alleged letter of authority dated ..Category: Banking Law | Date: | Hits: 185
Wega Fashion Sweater (PVT.) Ltd. Vs. Syed Sajeda Hossain & others, 2006, 35 CLC (AD)
....No. 5350 of 2000. All the three appeals, viz C.A. Nos. 62-64 of 2004 are allowed without any order as to costs. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 187; III ADC (2006) 763. ......sion upon hearing the parties and consideration of the materials on record made the Rule absolute in part as noticed earlier. 6. The Writ Petition No.5350 of 2000 was filed calling in question the action of responÂdent No.2 of the writ petition asking the writ respondent No.1 to stay the deploym..Category: Property Law | Date: | Hits: 91
S.M. Redwan Vs. Md. Rezaul Islam, 2004, 33 CLC (AD)
....counsel of the petitioner merit considÂeration. Leave is granted. Preparation of paper book is dispensed with as prayed for. The Petitioner is permitted to add additionÂal grounds. Ed. ......sufficiency of fund and there is no ambiguity in this section to interpreter it otherwise' in view of the legal position that the main issue is the dishonour of a cheque by the bank due to fraudulent action of the drawer and if the view taken by the High Court Division that payment stopped by the bo..Category: Criminal Law | Date: | Hits: 50
Principal, Pabna Cadet College, Pabna, Bangladesh & anr Vs. A.B.M. Abdul Matin, 2006, 35 CLC (AD)
.... relief to the plaintiff as against the order of dismissal from service in a suit which was not maintainable. Accordingly the appeal is allowed without any order as to costs. Ed. ......for dismissal from service, that the inquiry that was held was not proper and the order of dismissal having been passed in the background of the said non-proper inquiry the same is illegal and the action of the authority is nothing but misuse of power, that the order of dismissal passed in respe..Category: Employment/Service Law | Date: | Hits: 113
Serjuddowla Sowdagor Vs. Administrator of Waqf & others, 2004, 33 CLC (AD)
....cordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ......h cost on a date not fixed for hearing of the Rule and the submission that the High Court Division erred in not construing the Assistant Administrator's letter dated 22.07.1999 as a fresh cause of action and in holding "writ petition is a device to side track a proper and legal process..Category: Trust/Waqf Law | Date: | Hits: 190
Government of Bangladesh Vs. Md.Golam Rahaman Mallick, 1994, 23 CLC (AD)
....trative Tribunal is not maintainable as no review was filed as per Rule 23 of the Rules in this case. Hence, on this ground alone I allow the appeal as the case was not maintainable. Ed. ......against the order of dismissal. The filing of an appeal is mandatory as the first proviso to section 4(2) of the said Act provides that "no application in respect of an order, decision or action which can be set aside, varied or modified by a higher Administrative authority under any la..Category: Criminal Law | Date: | Hits: 33
National Tea Company Ltd. Vs. Deputy Commissioner, Habiganj and ors, 2008, 37 CLC (AD)
....eement dated March 19, 1988 was not legal and the said action was taken without lawful authority. Accordingly, the appeal is allowed without any order as to costs. Ed. ......missioner (Revenue) (respondent No.2) by the order dated November 1, 1998 granted lease of Balumohal to the respondent No. 4 Shamirn Ahmed for the year 1405 BS. 4. As against the said action the appellant moved the High Court Division in writ jurisdiction impleading the respondents ..Category: Property Law | Date: | Hits: 43
Abdul Awal and others Vs. Narayan Chandra Das, 2008, 37 CLC (AD)
....of justice. 10. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. ......ication for a mandatory injunction for restoration of possession claiming that on 12.04.1999 the defendant dispossessed her from the suit land. On 21.04.1999 she also made an application for taking action against the defendant for violation of the order of status quo dated 05.04.1999.The applica..Category: Property Law | Date: | Hits: 28
Md. Imdad Hossain and others Vs. Bangladesh, 2008, 37 CLC (AD)
....t no error was committed by the AAT in allowing the appeals and thereby in setting aside the judgment and order of the AT. Accordingly the petitions are dismissed. Ed. ......the next higher post ahead of opposite party Nos.4-11 but the authority has given the opposite party Nos.4-11 promotion to the post of Accounts Officer / Assistant Director (accounts) and the said action of the authority was illegal and liable to be declared void. 4. The case was con..Category: Administrative Law | Date: | Hits: 125
Asaduzzaman (Md) Vs. Bangladesh, 1990, 19 CLC (AD)
.... of in accordance with P.O. No. 26 of 1973 and the rules framed thereunÂder. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 144. ...... over charges to the Chairman of the Magura Zilla Parishad and other nominated Government functionaries. 4. The appellant's grievance, as made out in the petition, is that by the impugned Act and actions pursuant thereunder the basic character of an independent, neutral, impartial and voluntary ..Category: Constitutional Law | Date: | Hits: 170
Nurjahan Begum Vs. State, 1989, 18 CLC (AD)
....ut we do not think it appropriate at this belated stage to issue a Rule for enhancement of the sentence. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 130. ......issues in seven places inÂcluding chest, breast, forearms, thigh, abdomen, cheek and the delicate parts; in his opinion "strong acid was applied which caused destruction of the tisÂsues by chemical action and that these injuries were ante-mortem and homicidal in nature resulting in the death of th..Category: Criminal Law | Date: | Hits: 50
Dr. Syed Matiur Rob Vs. Bangladesh and Others, 1989, 18 CLC (AD)
....for makÂing complete justice in a matter. In view of the above, we dismiss both the appeals, without making any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 126. ......pondent of a fact in issue raised by the petitioner in a writ petition will not render that fact a disputed fact but if the assertion made by the petitioner is not supported by materials to the satisfaction of the Court the Court may refuse to act on such assertion. Where the respondent denies a fac..Category: Property Law | Date: | Hits: 32
Mohammad Ali Vs. Lt. Col. (Retired) Habibullah Bahar & ors. 2006, 35 CLC (AD)
....of the High Court Division in his turn came to a correct decision in discharging the Rule. No interference is, therefore, called for. The leave petition is accordingly dismissed. Ed. ......ation under Order 7 Rule 11 of the Code of Civil Procedure was also filed on 05.02.1998 stating inter-alia, that the suit being not filed legally was not maintainable and that there was no cause of action and that the schedule of the suit was vague and they plaintiff had no possession in the suit..Category: Property Law | Date: | Hits: 33
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