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Bangladesh Biman Corporation & others Vs. Md. Yousuf Haroon & others, 2002, 31 CLC (AD)
....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. ......e is also Reported in: 54 DLR (AD) (2002) 161. ......e also provide for modes and conditions of retirement. Rule 3 is similar to regulation 11 and provides for retirement from service on completion of 25th year or fifty-seventh year of age according to nature of service. Rule 4 is similar to Regulation 11A(1) and provides for exercise of option for re..Category: Employment/Service Law | Date: | Hits: 186
Abu Siddique and anr Vs. Government of the People’s Republic of Bangladesh, 2002, 31 CLC (AD)
.... Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 154. ......rt Appellate Division (Civil) Present: Mahmudul Amin Choudhury CJ Md. Ruhul Amin J ......160 Cr.P.C. for the purpose of making a preliminary enquiry” and that the person who has been served with the notice under sections 94 and 160 Cr.P.C. would “have the right to know the nature of information and complaint the Bureau of Anti-Corruption has received so that he unknowing..Category: Criminal Law | Date: | Hits: 58
Giasuddin and another Vs. State, 2002, 31 CLC (AD)
....on. There is no merit in this petition and the same accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 146. ......: 54 DLR (AD) (2002) 146. ......ence of death and a Division Bench of the High Court Division, then by the impugned judgment dated 30th January, 1997 confirmed the sentence of death. 3. In a case of this nature of prosecution must establish beyond all reasonable doubt the time, place and manner of occu..Category: Criminal Law | Date: | Hits: 47
Government of Bangladesh and others Vs. Md. Sharfuddin Mollah, 2002, 31 CLC (AD)
.... The order of dismissal in respect of the respondent is maintained. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 120. ...... Reported in: 54 DLR (AD) (2002) 120. ......service conditions of the said police force.” Disciplinary proceeding against the respondent, a Sub-Inspector of Police, was initiated upon serving show cause notice under the signature of the Superintendent of Police. It is seen from the judgment of the AT as well as AAT that ..Category: Administrative Law | Date: | Hits: 116
.... evicted, in writ jurisdiction which is not permitted.
In the result the appeals are allowed.
There is no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (AD) (2002) 111.
......ppeals are allowed.
There is no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (AD) (2002) 111.
...... Ltd. and others........Respondent
Judgment
March 17, 2002.
Result:
The appeals are allowed.
The Constitution of Bangladesh, 1972, Article 102
Matter seriously contentiuns in nature requiring adjudication on the basis of evidence of detailed nature is outside the scope of wr..
Category: Property Law | Date: | Hits: 54
Jitendra Nath Mistry Vs. Abdul Malek Howlader and ors., 2002, 31 CLC (AD)
....smissed. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 106. ...... DLR (AD) (2002) 106. ......r, 1979 by Exhibit A (II) and A (III) there is absence of specific kind of necessity forcing Beloka Sundari to make the transfers. In the said Exhibits (A-II and A-III) only a statement of general nature has been made as to requirement of cash money. The transfers by the Exhibits A-II and A-III ..Category: Property Law | Date: | Hits: 47
Government of the People’s Republic of Bangladesh Vs. SM Fariduddin, 2002, 31 CLC (AD)
....Nos. 4165 and 4380 of 2000 respectively are hereby set aside and the writ petitions are found to be not maintainable. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 95. ......lso Reported in: 54 DLR (AD) (2002) 95. ......ed order dated 30-7-2000 be stayed till 19-10-2000”. The same type of order was passed by the High Court Division in Writ Petition No. 4380 of 2000. So it appears that the nature of the impugned Order passed by the High Court Division in both the writ petitions are same ..Category: Employment/Service Law | Date: | Hits: 57
Hyundai Corporation Vs. Sumikin Bussan Corporation & others, 2001, 30 CLC (AD)
....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. ...... dismissed with the observations made hereinbefore. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 88. ...... power will be struck down. Judicial quest in administrative matters has been to find the right balance between the administrative discretion to decide matters whether contractual or political in nature or issues of social policy; thus they are not essentially justifiable and the need to remedy ..Category: Others | Date: | Hits: 130
Ilias Hussain (Md) Vs. State, 2002, 31 CLC (AD)
.... 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) 78. ......ngly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 78. ...... sent the same the morgue for postmortem examination. On receipt of the postmortem examination report a regular case was started by SI Rabiul Islam when it was found that the death was homicidal in nature. Thereafter, the police took up investigation of the case and on completion of the same sub..Category: Criminal Law | Date: | Hits: 52
Akitullah and others Vs. Zafala Begum and others, 2002, 31 CLC (AD)
....dispose of the First Appeal No. 100 of 1995 arising out of Suit No. 185 of 1988 in accordance with law expeditiously as possible. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 74. ......8 in accordance with law expeditiously as possible. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 74. ......y amendment to the plaint the Court must come to a finding that such amendment is necessary for determining the real question in controversy between the parties and that the same shall not change the nature and character of the suit…….(15) The Code of Civil Procedure, 1908 (V of 1908), Order..Category: Procedural Law | Date: | Hits: 114
Gooryonly (BD) Textile Ltd. Vs. Chartkar Information Holding Ltd. and ors., 2002, 31 CLC (AD)
....dit in this suit concerning dispute between the buyer and seller. The petition dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 70; 22 BLD (AD) 2002, 89. ......sed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 70; 22 BLD (AD) 2002, 89. ......he seller is not a party to the letter of credit created by the issuing bank nor the buyer has any privity to that agreement. It is an independent agreement between the two banks, credits by their nature are separate transactions from the sales or other contracts on which they may be based and b..Category: Civil Law | Date: | Hits: 115
BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)
....se appeals. Accordingly, the same are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 36. ......so Reported in: 54 DLR (AD) (2002) 36. ......lar fundamental right which might even conceivably be affected by virtue of the fact that BRAC is not subject to bankruptcy proceedings under Bankruptcy Act, 1997. The instant writ petition in the nature of public interest litigation is not maintainable in law and also on the ground of gross lac..Category: Constitutional Law | Date: | Hits: 199
Osman Gani Vs. State, 2002, 31 CLC (AD)
.... appellant and acquit him. The appellant be set at liberty if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 34. ...... Present: Latifur Rahman J Bimalendu Bikash Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J &...... 5. The prosecution produced 14 witnesses at the trial of whom PWs 3, 6, 9 and 10 were simply tendered while PW 4 was declared hostile and the rest of the witnesses were formal in nature. No witness was examined by the appellant. His defence, as it appears from the trend of cros..Category: Criminal Law | Date: | Hits: 55
AKM Ali Imam Vs. DG, Bangladesh Agricultural Research Institute & another, 2002, 31 CLC (AD)
....There is no merit in this petition and the same is accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 5. ......s also Reported in: 54 DLR (AD) (2002) 5. ......ate Tribunal. 5. It appears that both the Tribunals dismissed the execution case on the ground that the order passed by the Tribunal in AT Case No.201 of 1990 is declaratory in nature and there was no direction for reinstatement of the petitioner and, as such, order passed by..Category: Administrative Law | Date: | Hits: 104
S. M. Iqbal Hossain Vs. Managing Director, I F I C Bank Ltd., 2006, 35 CLC (AD)
....that the High Court Division took a correct view in the matter and as such the impugned judgment does not call for our interference. The petition is, therefore, dismissed. Ed. ......terference. The petition is, therefore, dismissed. Ed. ......t come within the definition of the offence of misconduct as defined in the IFIC Bank Service Rules. 16. The second prime point advanced on behalf of the petitioner is that considering the nature of his act which, according to him, is an inadvertent mistake the punishment of removal has ..Category: Employment/Service Law | Date: | Hits: 78
Government of the People’s Republic of Bangladesh Vs. Abdur Rahman and others, 2006, 35 CLC (AD)
....itration Appellate Tribunal. In view of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with cost to be paid by the appellant No. 1. Ed....... find no merit in the appeal. Accordingly the appeal is dismissed with cost to be paid by the appellant No. 1. Ed.......red the judgment made in the Arbitration revision case filed in connection with the acquisition of land in L.A. Case No.13 of 1987-88. In the said L.A. case land of plot No. 1310 was acquired and the nature of the land was mil. In the said arbitration revision case the Arbitrator fixed the price of ..Category: Property Law | Date: | Hits: 58
Siddique Ahmed Chowdhury & others Vs. Gani Ahmed and others, 1979, 8 CLC (AD)
....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. ......e. For the foregoing reason, we dismiss the appeal with costs. Ed. This Case is also Reported in: 33 DLR (AD) 1. ......, the onus was not on the defendants, the beneficiaries of deeds, to prove that the documents were read over to Sujan Bibi and she executed those document after understanding the contents thereof and nature of transaction under them, and the onus shifts on the plaintiffs to proved that the documents..Category: Property Law | Date: | Hits: 53
Abdul Jabbar Khan @ Jabbar Khan & ors Vs. State and another, 1980, 9 CLC (AD)
....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 ......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 ...... of that Court in Chandi Prasad vs. Abdur Rahman, 22 Cal. 131, considered whether the High Court should interfere in a case during its pendency in a subordinate Court unless it is of an exceptional nature. The Division Bench held that the Court has power to interfere "at any stage of the case" an..Category: Criminal Law | Date: | Hits: 60
Bangladesh Vs. Hail Abdul Gani Biswas and others, 1980, 9 CLC (AD)
....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 ......ourt Division for disposal. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 233 ......benefits out of their unconscionable bargains. The High Court Division considered that the word "transfer" used in section 95A must be given a restrictive connotation. It means only a transfer in the nature of a mortgage with respect, this kind of construction has been considered as "new terror" i..Category: Property Law | Date: | Hits: 85
M/s. Hossain Ahmed Vs. M/s. H. D Hossain & Brothers, 1980, 9 CLC (AD)
.... allowed with cost and the order of the High Court Division in staying the operation of the order of the District Judge is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 223 ......g the operation of the order of the District Judge is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 223 ...... created between the parties which would have entitled them for claiming any right. Mr. Ishtiaq Ahmed relied heavily on the decisions of the cases which were given in the writ jurisdiction in the nature of mandamus because the authority had not followed the procedure and therefore these irregu..Category: Others | Date: | Hits: 94
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