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Shaikh Mustainul Haque Vs. Inspector General of Police and others, 1995, 24 CLC (AD)
....1992 holding, inter alia, relying on the case of SA Ali vs. Secretary Establishment reported in 31 DLR (AD) 256, that the appellant having already gone on LPR he was no longer in the service of the Republic and, as such, the impugned proceeding could not be drawn up against him legally. He was found......y further order. No costs. The impugned judgment and order arc set aside and those of the Administrative Tribunal are restored. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 157. ..Category: Administrative Law | Date: | Hits: 111
Superintending Engineer and others Vs. Kazi Asaduzzaman and others, 1995, 24 CLC (AD)
....sons the impugned judgment and order of the High Court Division cannot be sustained. The appeal is allowed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 152 ......sons the impugned judgment and order of the High Court Division cannot be sustained. The appeal is allowed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 152 ..Category: Property Law | Date: | Hits: 124
Abu Taleb Vs. Government of Bangladesh, 1995, 24 CLC (AD)
....able exercise of power. 3. Respondent No.2 the Chairman, Civil Aviation Authority in its written statement contended that the appellant was retired under section 9(2) of the said Ordinance in the public interest without assigning any reason. He has been given all pensionary and other benefits an......by the appellant. In that view of the matter we do not find any ground for interference. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 138..Category: Administrative Law | Date: | Hits: 175
Special Reference No. 1 of 1995, 24 CLC (AD)
....nder Article 106 of the Constitution) Opinion: ATM Afzal CJ. - This is a Reference, first of its kind and somewhat unique in character, under Article 106 of the Constitution of the People's Republic of Bangladesh by which the President has sought to obtain the opinion of the Supreme Court on...... 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
Shameen Vs. Government of Bangladesh & others, 1995, 24 CLC (AD)
....ate, Dhaka, was served on him on 12 June 1994. On 26 June 1994 a memorandum of grounds was served on the detenu alleging, inter alia, that he was an illegal possessor of unauthorised arms; that local public are much dissatisfied with him; that he along with his associates has created panic in Dhaka ......l is allowed, but without any order as to costs. The detenu be released forthwith, if not wanted in connection with any other case. Ed. This case is also reported in: 47 DLR (AD) (1995) 109. ..Category: Criminal Law | Date: | Hits: 75
Halid Hamidul Huq Vs. Nafisa Chowdhury & ors., 1995, 24 CLC (AD)
....dated 11 December 1991 to manage, sell or otherwise dispose of the property of their father. On the same day Mr. Chowdhury cancelled the power of attorney by a Memorandum, authenticated by a notary public. In the meantime, the appellant transferred some shares of a Company, subject matter of the ......ay be made before the Court where the tide suit is pending. The appeal is dismissed without any order as to cost. Ed. This case is also reported in: 47 DLR (AD) (1995) 104 ..Category: Property Law | Date: | Hits: 76
Sadharan Bima Corporation Vs. Sanjib Kumar Das & another, 1995, 24 CLC (AD)
....nd the community have a right to regard it as a just declaration or exposition of the law, and to regulate their actions and contracts by it. It would, therefore, be extremely inconvenient to the public if precedents were not duly regarded, and implicitly followed." 26. The sa......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 ..Category: Business or Commercial Law | Date: | Hits: 114
Lt. Col. (Retd) Nazimuddin Ahmed Vs. Bangladesh and Others, 1995, 24 CLC (AD)
..... On 3 December 1989 the appellant made an application to the President of Bangladesh for absorption/ appointment as a permanent employee of the Corporation. He was absorbed/ appointed "in the public interest" as a regular incumbent of the Corporation with effect from his date of joinin......Court Division, we uphold the order impugned in the writ petition. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 87 ..Category: Employment/Service Law | Date: | Hits: 117
C Q M H Md. Ayub Ali Vs. Bangladesh and others, 1995, 24 CLC (AD)
....hat no such list shall include any building in respect of which‑ (a) any decree or order has been passed, at any time before the publication of the list in the official Gazette, by any Court declaring the building not to be a......ied upon and further that there has been a failure of fair trial in the Court of Settlement which arrived at its conclusion in violation of the principles of natural justice. ..Category: Property Law | Date: | Hits: 86
Hasan Ali and others Vs. State, 1995, 24 CLC (AD)
....icularly, in view of the old age of appellant No. 1, Hasan Ali. 2. The allegation against the appellants, which resulted in the aforesaid conviction and sentence, is that they had damaged a public road maintained by the Union Parishad and leveled up and amalgamated a part of the road with......ready undergone; as to the sentence of fine, it is maintained. The appeal in respect of the other appellants is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 69 ..Category: Criminal Law | Date: | Hits: 60
Sirajul Islam (Md). Alias Siraj Madbar and others Vs. Keramat Ali Bhuiyan & ors, 1995, 24 CLC (AD)
....case filed an application on 31 May 1994 before the High Court Division for transferring the case to any Court of competent jurisdiction in some other Sessions Divisions taking the ground that the public prosecutor in charge of the case had been influenced by one of the accused, Anwar Hossain. T......ned transfer. In the result, the appeal is allowed and the impugned order of the High Court Division is set aside. Ed. This case is also reported in: 47 DLR (AD) (1995) 64 ..Category: Criminal Law | Date: | Hits: 67
Bangladesh Vs. Dr. Dhiman Chowdhury and others, 1993, 22 CLC (AD)
....g such evidence and, if it thinks fit, coming to a conclusion that the recital is inaccurate. 29. Mr. Islam then submitted that under Article 55(2) of the Constitution the executive power of the Republic shall be exercised "by or on the authority of the Prime Minister" and there being nothing to ......present site. The office bearers of the Sheba Asram apprised the Port Authority about the illegal activities of the Islami Sramik Shangha and prayed for its removal to a safe distance for maintaining peace and religious harmony. On 15.1.92 complaint was also made to the State Minister for Port and N..Category: Constitutional Law | Date: | Hits: 185
Sova Rani Guha alias Sova Rani Gupta Vs. Abdul Awal Mia and others, 1995, 24 CLC (AD)
....fake and collusive document for which no consideration was paid. 10. A registered sale deed is the primary evidence of the interest sold. Under section 74 (2) of the Evidence Act, 1882 public record of a private document like a sale‑deed when kept in the office of the Sub‑......er entitlement under section 4 of the Partition Act, .1893 was not at all satisfactory. The appeal is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 45 ..Category: Property Law | Date: | Hits: 51
Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)
....K. 3. The appellant's Housing Project, Mohua, is within the Master Plan of the DIT prepared and approved in the Fifties. Within this Master Plan Area all future development and construction, both public and private, shall be in conformity with the Master Plan, as specially laid down in section 7......arned brother ATM Afzal J. Order of the Court By the majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ..Category: Property Law | Date: | Hits: 79
Engineer Afsaruddin Ahmed Vs. State, 1995, 24 CLC (AD)
....persons to start this case falsely. Mr. Mahmud has referred to a letter dated 26 November 1991, that is, one month before the first information report was lodged in this case, by which members of the public were invited by the Upazila Nirbahi Officer to go to the Dak‑bungalow and to file allegatio......found to have acted rightly observing that the proceeding against him cannot be quashed. In the result, the appeal is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 10 ..Category: Criminal Law | Date: | Hits: 76
Babul Kanti Das and others Vs. Abul Hashem and others, 1995, 24 CLC (AD)
....from the facts and circumstances of the case that the matter is purely a concern between the private rights of two parties. The matter assumed a new character and it turned into a matter concerning public policy relating to administration of justice. This Court decided in the case of Abdul Jalil......extent of pulling down the entire roof of the building within the time and upon conditions directed by the trial Court. Ed. This case is also reported in: 47 DLR (AD) (1995) 06 ..Category: Civil Law | Date: | Hits: 106
Col. Md. Hashmat Ali (Retired) of Bangladesh Army Medical Corps Vs. Bangladesh, 1995, 24 CLC (AD)
....ggrieved person' under clause (2) of Article 102 nor does it exclude a member of any disciplined force from being an aggrieved person. The term "person" in clause (5) includes a statutory public authority and any court or tribunal but it excludes a court or tribunal established under a......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 ..Category: Constitutional Law | Date: | Hits: 203
AKM Mayeedul Islam Vs. Bangladesh Election Commission and others, 1996, 25 CLC (AD)
....e effect of pendency of appeal against an order of conviction and sentence has not been correctly disposed of by the High Court Division and the point of law raised in this petition is one of general public importance. 7. In the case of AFM Shah Alam vs. Majibul Huq and others, 41 DLR (AD) 68, th......ot on the grounds stated in the impugned judgment, but on the ground that the writ petition was not maintainable. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 230; 48 DLR (AD) (1996) 208 ..Category: Election Law | Date: | Hits: 133
Bangladesh Shipping Corporation and other Vs. Rakibuddin Ahmed and others, 1996, 25 CLC (AD)
.... but at the instance of the Deputy Chief Martial Law Administrator. 4. The defendant resisted the claim and pleaded that the corporation decided to terminate the service of the plaintiff in public interest and that the order of termination was issued by the said corporation with the prior...... Civil Petition No. 39 of 1994 at the instance of the Government is dismissed as time-barred. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 283, 48 DLR (AD) (1996) 203 ..Category: Employment/Service Law | Date: | Hits: 77
Collector of Customs, Chittagong and Others Vs. Ahmed Hossain and 39 Others, 1996, 25 CLC (AD)
.... A Hannan briefly. There was a scarcity of sugar in the country in 1984. Sugar could not be imported then without prior permission from the Chief Controller of imports and Exports. Government by a public notice dated 3-10-1984 allowed import of sugar under the Wage Earner’s Scheme laying d...... 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
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