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Miah Lutfi Hossain Kasru and others Vs. Bangladesh, 2001, 30 CLC (AD)
....ficer Lalmohan, in the first writ petition found that population census of 1991 showed 39 increase of population per year and that question o variation of population taken in the other petition is disputed question of fact which cannot be resolved ii Writ Jurisdiction and that section 21(1) of t......o consideration. Both the petitions are dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 25. ..Category: Election Law | Date: | Hits: 111
Mahmudul Islam Chowdhury Vs. Md. Sultanur Kabir Chowdhury and others, 1995, 24 CLC (AD)
....on of the said Order and was therefore an illegal order. The Election Tribunal found that the petitioner obtained 2795 votes higher than respondent No.1 in the remaining 72 polling stations. In the disputed I I polling stations he obtained 2040 votes and respondent No.1 obtained 5501 votes. As su......e matter we do not find any cogent reason to accept the submission of Mr. AR Yousuf. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 161 ..Category: Others | Date: | Hits: 119
Shaikh Mustainul Haque Vs. Inspector General of Police and others, 1995, 24 CLC (AD)
.... Police Officers (Special Provisions) Ordinance 1976 (Ordinance No.LXXXIV of 1976) as amended by the Public Officers (Special Provisions) Ordinance, 1982 (Ordinance No.XXII of 1982). 6. It is not disputed that the appellant filed his case before the Administrative Tribunal on 28.11.1989, that is......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)
....e appellant sent a show cause notice to the respondent asking him to show cause why he shall not be removed from service on the charge of prolonged and continued absence from dudes. It is also not disputed that before the issuance of the show cause notice the respondent was directed to join his ......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)
....limit. 19. We have perused the entire synopsis as a whole, which it should be, including paragraphs 8 and 9 of the report, as the two Tribunals below have done. It is stated therein, which is not disputed, that, the radio telephone machineries of the Airport were made unserviceable by a section ......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
Halid Hamidul Huq Vs. Nafisa Chowdhury & ors., 1995, 24 CLC (AD)
....properties. They have also proposed themselves to be appointed as Trustees. 5. Respondent No. 8 the Editor of Bangladesh Observer, which is a commercial concern and which forms 'part of the disputed property, admits the creation of the Trust and supports the appointment of the appellant o......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)
....ught on record many documents which were marked as exhibits,5. The trial Court found that the fact of taking out of the fire policy and the fact of fire and resulting loss to the plaintiff are not disputed matters. The survey report was not challenged by the appellant. Consequently the trial Cou......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
Yakub Ali Vs. State, 1995, 24 CLC (AD)
....may be considered proper in a particular case. In the instant case these provisions under Chapter XVI are not applicable because the Magistrate has not taken cognizance under section 200. It is not disputed that upon receiving a complaint of facts a Magistrate without taking cognizance under sect...... those cases that the course adopted by the Magistrate in the present case was illegal. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 94 ..Category: Criminal Law | Date: | Hits: 62
C Q M H Md. Ayub Ali Vs. Bangladesh and others, 1995, 24 CLC (AD)
....89 passed by the Court of Settlement in Case No.668 of 1988 should not be declared to have been made/passed without lawful authority, etc. 4. The case of the appellant, briefly, is that the disputed house was originally allotted by the Government to one Md. Zahooruddin under memo dated 12......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
Sova Rani Guha alias Sova Rani Gupta Vs. Abdul Awal Mia and others, 1995, 24 CLC (AD)
....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 ......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
Syed Mohammad Salem Azam and others Vs. Secretary, Ministry of Works, Govt. of BD, 1995, 24 CLC (AD)
....ares. They constructed a two‑storied building thereon, mutated their names and paid all rents and taxes. The appellants, their parents and the said grandmother were all living together in the disputed premises at Bogra. During the end of the war of liberation in 1971 their father Syed Moha...... order of respondent No. 1 dated 9.11.93 is set aside as being without lawful authority and of no legal effect. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 38 ..Category: Property Law | Date: | Hits: 62
Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)
....t Division discharging the Rule in Writ Petition No. 1539 of 1991. 10. The appellant, a private limited company, is engaged, inter alia, in the business of undertaking housing projects. It is not disputed that respondent No. 2 Rajdhani Unnayan Kartripakkha, briefly, RAJUK, (previously DIT) is a ......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)
....n seeking quashment of the proceedings on two grounds as stated above and in support of these two grounds, he placed some documents. 3. Allotment, lifting and distribution of the CI sheets are not disputed; but appellant's contention is that he did not distribute the CI sheets, nor was it his off......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)
....we will not state the plaint case. After filing the suit on 20.10.90 the plaintiff filed an application for temporary injunction to restrain the defendants from continuing the constructions on the disputed land and on the same date further issued notices to show cause within 7 days and further i......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
Haji Kasimuddin Mandal Vs. Md. Jalaluddin Pramanik, 1996, 25 CLC (AD)
.... vs. Md. Anwarul Islam 26 DLR 315. 16. In the instant case, the suit is in essence and substantially a Suit by the landlord for ejectment of his tenant. In such a case the question of title to the disputed premises is not relevant at all. Once a relationship of landlord and tenant is pleaded by t......der of the High Court Division and restore the judgment and decree of the Court of Small Causes, Bogra. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 305, 48 DLR (AD) (1996) 205 ..Category: Tenancy Law | Date: | Hits: 87
BD National Curriculum and Text-Book Board and other Vs. AM Shamsuddin & ors, 1996, 25 CLC (AD)
.... the High Court Division with regard to the right of freedom of speech and expression and freedom of the press as including the right to print and publish note-books generally is not and cannot be disputed. But the question, he submitted, is: Can the publisher-respondents claim that right in res......sued by the petitioner offended the ordinary law of the land which could not be permitted by invocation of the right to freedom of speech and expression. The petition was accordingly dismissed. ..Category: Intellectual Property Law | Date: | Hits: 279
Abdus Satter (Md) Vs. Bangladesh and others, 1996, 25 CLC (AD)
....struction or else, necessary steps would be taken to demolish the same, but no order of demolition can be passed under sub-section (5) of section 3B of the said Act unless finding is given that the disputed construction answers the description contained in clause (a) or (b) or (c) of sub-section ......ave been passed without lawful authority and of no legal effect. The appeal is allowed without costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 64, 48 DLR (AD) (1996) 180 ..Category: Business or Commercial Law | Date: | Hits: 136
Akhtar Banu Vs. Habibunnessa and others, 1996, 25 CLC (AD)
....No. 25 of 1969 it was not necessary for the plaintiffs to substitute the heirs of defendant No.3 in the suit over again and that in any case the suit could not abate as a whole. 8. It is not disputed that the heirs of deceased-defendant No.3 Aga Ali Reza were substituted in Misc, Case No.2......o cost. The impugned judgment and order are set aside. The suit will proceed in accordance with law. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 298, 48 DLR (AD) (1996) 164 ..Category: Property Law | Date: | Hits: 70
Abdul Mazid Howlader & another Vs. Lahajuddin Howlader & others, 1996, 25 CLC (AD)
....pplication for pre-emption is disallowed. The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 302, 48 DLR (AD) (1996) 160 ......pplication for pre-emption is disallowed. The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 302, 48 DLR (AD) (1996) 160 ..Category: Property Law | Date: | Hits: 60
Sadharan Bima Corporation Vs. Bengal Liner Ltd. and another, 1996, 25 CLC (AD)
.... well as the marker value of the vessel and thus the plaintiffs suit was decreed for US $ 16,20,000.00 “with costs, but without interest.” There were other subsidiary findings on other disputed matters as well, but those findings are not necessary to be noticed for the disposal of th...... decreed for an amount of US $ 5,87,028.00 including cost to the plaintiff-respondent which we assess at US $ 53, 366.00. Ed. This case is also reported in: 48 DLR (AD) (1996) 143 ..Category: Business or Commercial Law | Date: | Hits: 151
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