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Mobarak Ali and others Vs. Mobaswir Ali and others, 1997, 26 CLC (AD)
....olice officer to ensure that the complainant or the witnesses appear before the Court at the time of hearing of the case. It is the primary responsibility of the conducting police prosecutor or the public prosecutor to produce the witness in a case. There is nothing on record to show that any ste......s under section 245(1) of the Code of Criminal Procedure. For the foregoing reasons, the appeal is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 36 ..Category: Criminal Law | Date: | Hits: 68
State Vs. Golam Mostafa & ors., 1997, 26 CLC (AD)
....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 ......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)
....aning only and exclusively individuals and excluding the consideration of people as a collective and consolidated personality will be a stand taken against the Constitution. Insofar as it concerns public wrong or public injury or invasion of fundamental rights of an indeterminate number of people......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
Shahinur Alam (Md) Vs. People’s Republic of Bangladesh and others, 1998, 27 CLC (AD)
.... Bimalendu Bikash Roy Choudhury J Shahinur Alam (Md)…………………………..Petitioner Vs. People’s Republic of Bangladesh and others……………….Respondents ......he submission of the learned Advocate. No case for leave has been made out. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 211. ..Category: Administrative Law | Date: | Hits: 133
Bangladesh Krishi Bank Vs. Meghna Enterprises and another, 1998, 27 CLC (AD)
.... and for speedy recovery some sections of the Public Demands Recovery Act shall not apply and section 10A has been inserted in the Act itself as a special provision for recovery of certain dues as public demand. So it is clear that the valuable right of hearing and determination by filing object......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
Fazlul Karim Chowdhury and (Md) and others Vs. Lutfunnessa Begum and others, 1998, 27 CLC (AD)
....account of vagueness disputes do not erupt. In this view of the matter we find no reason to interfere with the impugned judgment. Furthermore, the instant case does not involve any question of law of public importance. Accordingly, the petition is dismissed. Ed. This Case is also Reporte......urthermore, the instant case does not involve any question of law of public importance. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 188. ..Category: Property Law | Date: | Hits: 101
Bangladesh Railway and ors. Vs. Pranab Kumur Chakraborty and ors., 1996, 25 CLC (AD)
....iginally intended in the manner provided by the rule 135 of the Land Acquisition Manual which is as follows: “135. All lands which have been permanently acquired for public purposes by Government in any Department or for a Railway, whether by private purchase or ......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. ..Category: Administrative Law | Date: | Hits: 130
Frank Shipping Limited Vs. Government of the People’s Republic of Bangladesh, 1997, 26 CLC (AD)
.... (Civil) Present: Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Frank Shipping Limited ………………..Petitioner Vs. Government of the People’s Republic of Bangladesh and others……………Respondents Judgment August 26, 1997. The......subjugated to the private interest of the writ petitioner. No such case has been made out anywhere. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 140. ..Category: Others | Date: | Hits: 113
Commissioner of Customs, Chittagong Vs. Giasuddin Chowdhury and another, 1998, 27 CLC (AD)
....nce of inconvenience in his favour should be so strong that it will outweigh the consideration of sub-clause (a) or (b) of clause (4). Generally speaking, impeding the assessment and collection of public revenues is otherwise harmful to the public interest. In cases where no jurisdictional issue......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
Mahbubul Alam Vs. State, 1997, 26 CLC (AD)
....te ……………... Respondent Judgment January 8, 1997. The Prevention of Corruption Act, 1947 (II of 1947), Section 5(2) Special Judge has jurisdiction to try the accused who is a public servant charged with an offence under section 5(2) of Act II of 1947. The learned Single Judg......ence, this observation of the learned Single Judge is not correct in law. The petition is dismissed with the above observation. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 125. ..Category: Anti-Corruption Laws | Date: | Hits: 81
Vice Chairman, Export-Promotion Bureau and Govt. of BD Vs.
....nistry of Commerce who gave direction to the Controller of Imports and Exports and latter cancelled the writ petitioners’ Export. Registration Certificate (ERC) and issued the above mentioned public notification. 4. The Writ Petitioners challenged the cancellation of their Registrat......ification (Annexure-A to the writ petition) cannot stand, even without a challenge of the Government’s action. The leave petitions are, therefore, dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 117
Subash Chandra Das & ors Vs. Bangladesh, 1994, 23 CLC (AD)
....ubash Chandra Das & ors ……………………..Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Land Administration and Land Reforms, Government of the People’s Republic of Bangladesh and others……………. Respondents. Judgment December 5, 1994. ......in that behalf to determine as to whether the proceeding stood abated under section 12. For the reasons, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 106...Category: Property Law | Date: | Hits: 89
Chalna Marine Products Ltd. Vs. Reliance Insurance Ltd. and others, 1997, 28 CLC (AD)
.... The Insurance Act (IV of 1938), Section 47B The Code of Civil Procedure, 1908 (V of 1908), Section 34 The failure of power supply in the freezing plant is in fact failure of public power supply as per endorsement number 903 of DOS Policy, consequently causing damage of hu......e judgment and decree of the trial Court is restored. Civil Petition for Leave to Appeal No.236 of 1997 is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 100. ..Category: Business or Commercial Law | Date: | Hits: 147
Bangladesh Vs. Chairman, Court of Settlement and others, 1997, 26 CLC (AD)
....Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J People’s Republic of Bangladesh, represented by the Secretary, Ministry of Public Works……&hellip...... already determined by a Court of law. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 93. ..Category: Property Law | Date: | Hits: 58
Government of Bangladesh Vs. Paresh Chandra Gharami and others, 1998, 27 CLC (AD)
....of the plaintiff-respondents in the suit land, which have been maintained by the High Court Division, finds it difficult to assail the Impugned judgment of the High Court Division. No point of law of public importance is involved in this case. The petition is, therefore, dismissed. Ed. ......the High Court Division. No point of law of public importance is involved in this case. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 70. ..Category: Property Law | Date: | Hits: 73
Bangladesh Vs. AM Mansur Ahmed & others, 1997, 26 CLC (AD)
.... without any order as to costs and the orders of the Administrative Tribunal and the Administrative Appellate Tribunal be set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 65. ...... without any order as to costs and the orders of the Administrative Tribunal and the Administrative Appellate Tribunal be set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 65. ..Category: Administrative Law | Date: | Hits: 145
Abdul Jalil and others Vs. Sharon Laily Begum Jalil, 1997, 26 CLC (AD)
....n 9-8-1993) became, a matter of great controversy and the mother Mrs. Sharon Laity Begum Jalil filed the aforesaid 4 writ petitions under Article 102(2) (b)(i) of the Constitution of the People’s Republic of Bangladesh alleging that the said children were being held in custody by the father Abdul ......Court concerned, the British High Commission at Dhaka and the Ministry of Home Affairs (for attention of the immigration authorities). Ed. This Case is also Reported in: 50 DLR (AD)(1998) 55. ..Category: Family Law | Date: | Hits: 250
Bangladesh Vs. Shafiuddin and Others, 1997, 26 CLC (AD)
....€¦..(42) The Constitution of Bangladesh, 1972, Articles 27, 29 (1) and 55 (4) (ii) Cabinet decision dated 3.11.91 (regarding allocation of 60 marks for ACR and 40 marks for interview) without publication in the official Gazette cannot be treated as guideline and it was not an executive actio......d. In view of our decision as above the three applications for being added as parties to the appeals are rejected. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 27, 3 BLC (AD) 6. ..Category: Constitutional Law | Date: | Hits: 185
Azizur Rahman alias Md. Azizur Rahman Vs. Bangladesh, 1997, 26 CLC (AD)
....gh Court Division (Vacation Bench) in Civil Revision No.4000 of 1996). Judgment Mustafa Kamal J.- In both these two appeals by leave a common question of first impression and of considerable public importance is involved. Leave has been commonly granted to consider the question whether a Si......beginning of this judgment to be in the positive, namely, that there is jurisdiction to interfere, the appeals arc dismissed. No costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 8. ..Category: Procedural Law | Date: | Hits: 138
Bangladesh Shilpakala Academy Vs. Shahidul Islam and another, 1997, 26 CLC (AD)
....uthority cannot be heard to say that it will apply only to those parts which are convenient to it and ignore other parts which are not so convenient. To say the least, nothing can be more unfair if a public authority in exercise of its power takes such a posture of easy convenience. It is like sayin......as liable to be declared as such. This appeal must, therefore, fail. It is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 1. ..Category: Employment/Service Law | Date: | Hits: 145