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Bangladesh Vs. Md. Idrish Miah, 2006, 35 CLC (AD)
....icer. 14. In view of our above discussion to find no merit in the appeal. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: ......icer. 14. In view of our above discussion to find no merit in the appeal. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: ......irectorate of population control and Family Planning. After seven years of service, he was appointed as Thana Family Planning Officer on 1-3-1978 by a competitive examination through Public Service Commission. While he was serving as Thana Family Planning Officer at Bamna Upazilla under District ..Category: Administrative Law | Date: | Hits: 112
Government of Bangladesh Vs. Amora Holding Inc. Panama and other, 2006, 35 CLC (AD)
....hah Amanat and when the gunboat BNS Tamjeed was busy in arresting MV Shah Amanat, MV Alba tried to escape, Tamjeed, started firing upon MV Alba causing damage to her and injuries to the Master and Chief Officer of the Vessel. The customs officers brought the vessel and trawler MV Shah Amanat to ...... not sustainable in law and the same is accordingly, set aside and accordingly, the Rule is recalled. In the result, the appeal is allowed without any order as to costs. Ed. ...... not sustainable in law and the same is accordingly, set aside and accordingly, the Rule is recalled. In the result, the appeal is allowed without any order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 96
Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)
....is dismissed by the majority decision. Let a copy of the judgment be sent to the Court of Nari-o-Shishu Nirjatan Daman Adalat, Narayanganj for taking steps in accordance with law. Ed. ......is dismissed by the majority decision. Let a copy of the judgment be sent to the Court of Nari-o-Shishu Nirjatan Daman Adalat, Narayanganj for taking steps in accordance with law. Ed. ......is dismissed by the majority decision. Let a copy of the judgment be sent to the Court of Nari-o-Shishu Nirjatan Daman Adalat, Narayanganj for taking steps in accordance with law. Ed. ..Category: Criminal Law | Date: | Hits: 59
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
..... Even the subject of Police administration has been transferred to many of these bodies. As for example, the Police force of a local body work in co‑operation with and under the supervision of the Chief Constable of Police of the Home Ministry. It is in matters which affect the country as a whole......ling Ordinance as it violates the provision of Articles 9, 11, 59 and 60 of our Constitution. 89. In these appeals, the appellants who were elected as Chairmen of Upazila Parishads in the last Election held on March, 1989 have challenged the vires of the Local Government (Upazila Parishad and......ntinued for years. During the period of supersession Government took over functions of a local body and managed them through their officers, such as Sub‑divisional Officers, District Magistrates or Commissioners. Hardly any chance was given for these bodies to grow on a democratic line by "trial a..Category: Constitutional Law | Date: | Hits: 655
Controller of Examinations, University of Dhaka and others Vs. Mahinuddin & ors, 1992, 21 CLC (AD)
....minees who did not challenge it is sustainable in law. Obvious answer is in the negative. Parties will bear their own cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 305. ......minees who did not challenge it is sustainable in law. Obvious answer is in the negative. Parties will bear their own cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 305. ......e such officer or authority an opportunity to show cause why the appeal should not be entertained. (2)The Chancellor may reject any such appeal or may, if he thinks fit, appoint an Enquiry Commission consisting of such persons as are not officers of the University or members of any au..Category: Constitutional Law | Date: | Hits: 169
Mohammad Eunus and Brothers (Pvt) Ltd. Vs. Registrar, University of Chittagong ,1992, 21 CLC (AD)
.... Vice Chancellor was the designated Arbitrator. As the Vice‑Chancellor failed to arbitrate in the matter the contractor-appellant obtained the appointment of Engineer Alhaj Md. Aflatoon, then the Chief Establishment Officer (East), Bangladesh Railway, Chittagong as the sole Arbitrator on an appl...... considered. But in the present case interest was set aside by my learned brother by giving good reasons on the fact of this case. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 296. ...... considered. But in the present case interest was set aside by my learned brother by giving good reasons on the fact of this case. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 296. ..Category: Alternative Dispute Resolution | Date: | Hits: 202
Qazi Karnal Vs. Rajdhani Unnayan Kartripakha and another, 1992, 21 CLC (AD)
....al Area by swearing a false affidavit stating that he/his wife/children/dependants possessed no land in the greater Dhaka area. A copy of the said complaint was also sent to the office of the then Chief Martial Law Administrator's Co‑ordination and Control Cell at Abdul Ghani Road, Dhaka. ......bsolute and it is hereby directed that the name of the appellant be mutated in place of the original lessee Md. Abdul Matin, in the relevant registers and papers of the respondents. Ed. ......bsolute and it is hereby directed that the name of the appellant be mutated in place of the original lessee Md. Abdul Matin, in the relevant registers and papers of the respondents. Ed. ..Category: Property Law | Date: | Hits: 110
Bangladesh Freedom Fighters Welfare Trust and another Vs. Md. Momtazul Hossain, 1992, 21 CLC (AD)
....hen the impugned order of termination from service was not passed under Martial Law or any Martial Law Regulation the same was not protected just because the president of the Trust happened to be the Chief Martial Law Administrator as well. There can be no implied delegation when the express provisi...... decided the matter will have no effect so far as the instant matter is concerned. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 44 DLR (AD) 273, 1992 BLD (AD) 199. ...... decided the matter will have no effect so far as the instant matter is concerned. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 44 DLR (AD) 273, 1992 BLD (AD) 199. ..Category: Employment/Service Law | Date: | Hits: 93
Rafiqul Islam Vs. State, 1992, 21 CLC (AD)
....ich the appellant did not share. In the result, the appeal is allowed. The appellant is acquitted. Let him be released at once if not wanted in connection with any other case. Ed. ......ich the appellant did not share. In the result, the appeal is allowed. The appellant is acquitted. Let him be released at once if not wanted in connection with any other case. Ed. ......ich the appellant did not share. In the result, the appeal is allowed. The appellant is acquitted. Let him be released at once if not wanted in connection with any other case. Ed. ..Category: Criminal Law | Date: | Hits: 65
Managing Director, Rupali Bank Limited and others Vs. Tafazal Hossain and others, 1992, 21 CLC (AD)
....matter the decree passed in the suit is void. The result, therefore, is that this appeal is allowed, the impugned decree is set aside and the suit is dismissed. No order as to cost. Ed. ......ion, the civil Court's jurisdiction to entertain a suit for declaration that the rejection of nomination papers by the Returning Officer was invalid, in view of the fact that a separate forum- Election Tribunal‑was created for this purpose by the said Ordinance which is a special law. ......matter the decree passed in the suit is void. The result, therefore, is that this appeal is allowed, the impugned decree is set aside and the suit is dismissed. No order as to cost. Ed. ..Category: Administrative Law | Date: | Hits: 130
Abdus Samad @ AKM Abdus Samad and others Vs. The State, 1992, 21 CLC (AD)
.... with the finding of fact. The petition is dismissed. The order of conviction and sentence is maintained with the modification that it is under section 148 of the Penal Code. Ed. ...... with the finding of fact. The petition is dismissed. The order of conviction and sentence is maintained with the modification that it is under section 148 of the Penal Code. Ed. ...... with the finding of fact. The petition is dismissed. The order of conviction and sentence is maintained with the modification that it is under section 148 of the Penal Code. Ed. ..Category: Criminal Law | Date: | Hits: 59
State Vs. Divisional Special Judge, Khulna Division and anr, 1992, 21 CLC (AD)
.... Khulna, are themselves not found to have been made strictly within the provision of section 438 Cr.P.C. Under this section a reference may be made to the High Court Division by a Sessions Judge, a Chief Metropolitan Magistrate or a District Magistrate, There is no corresponding provision in the ...... aside and it is held that the Senior Special Judges got power to transfer the cases which they had earlier transferred to the Divisional Special Judge. The appeal is allowed. Ed. ...... aside and it is held that the Senior Special Judges got power to transfer the cases which they had earlier transferred to the Divisional Special Judge. The appeal is allowed. Ed. ..Category: Criminal Law | Date: | Hits: 118
Shamsuddin Ahmed, Advocate Vs. People's Republic of Bangladesh, 1992, 21 CLC (AD)
....vocates enrolled under this Order are, however, not entitled to practise before the Appellate Division; to practise there, an advocate is to be enrolled as Advocate of the Appellate Division by the Chief Justice and Judges of the Appellate Division under the Appellate Division's Rules. Prior to t...... Advocate of the Appellate Division of the Bangladesh High Court from 3.8.72 and of the Appellate Division of the Supreme Court from 16.12.72. The Appeal is allowed. No cost. Ed. ...... Advocate of the Appellate Division of the Bangladesh High Court from 3.8.72 and of the Appellate Division of the Supreme Court from 16.12.72. The Appeal is allowed. No cost. Ed. ..Category: Others | Date: | Hits: 92
Fazlur Rahman Molla Vs. Bangladesh, 1992, 21 CLC (AD)
....ult, we accept the appellant's contention and hold that his conviction is without any evidence. The appeal is allowed and the impugned order of the High Court Division is set aside. Ed. ......ult, we accept the appellant's contention and hold that his conviction is without any evidence. The appeal is allowed and the impugned order of the High Court Division is set aside. Ed. ......s were then demolished. The appellant, on the following morning, 22.10.88, made a GD entry in the Sutrapur Police Station alleging these things specifically mentioning that Awlad Hossain, the Ward Commissioner had, after tearing into pieces the status quo order, directed and supervised the demol..Category: Criminal Law | Date: | Hits: 79
Shaikh Shahidul Islam Vs. State, 1992, 21 CLC (AD)
....he meantime filed two Criminal cases, Ramna PS. Case Nos. 53(2) 91 and 89(2)91 on 11.2.91 and 19.2.91 respectively and he was shown arrested in DAB GR Case Nos. 13/91 and 15/91 of the Court of the Chief Metropolitan Magistrate, Dhaka 3. In Ramna PS Case 89(2) 91 DAB GR Case No. 15/91 the......will continue to remain on the same bail already granted by this Court until commencement of the trial, if any. The trial Court will pass necessary orders as deemed fit at that time. Ed. ......will continue to remain on the same bail already granted by this Court until commencement of the trial, if any. The trial Court will pass necessary orders as deemed fit at that time. Ed. ..Category: Constitutional Law | Date: | Hits: 150
....3 (Annexure ‘H’ to the writ petition) requested the Ministry of Defence to extend the lease for a further period of 20 years with effect from 1.4.83. The proposal was sent to the Commander‑in‑Chief of the Services who recommended on 16.2.84 for an extension/ renewal of lease for a further pe......eal is dismissed without any order as to costs. Four months' time from date is granted to remove the structures, machineries, etc. from the disputed land.
Ed.
This Case is also Reported in:
......eal is dismissed without any order as to costs. Four months' time from date is granted to remove the structures, machineries, etc. from the disputed land.
Ed.
This Case is also Reported in:
..
Category: Property Law | Date: | Hits: 68
State Vs. Abdul Mannan @ A Mannan and others, 1992, 21 CLC (AD)
....mind". The petition is thus disposed of. Latifur Rahman J: While agreeing with the judgment of my Lord the Chief Justice that the remarks made by the learned Senior Judge should be expunged, I like to add f...... should not normally differ from sobriety, moderation and reserve. A Judge is not expected to import his own notions and ideas into law, as we are not making legislative enactments. Ed. ...... should not normally differ from sobriety, moderation and reserve. A Judge is not expected to import his own notions and ideas into law, as we are not making legislative enactments. Ed. ..Category: Criminal Law | Date: | Hits: 92
SA Sultan Vs. The State and another, 1991, 20 CLC (AD)
....st the judgment and order passed by the High Court Division in Criminal Revision No. 936 of 1990 refusing to quash the proceeding of Complaint Petition Case No. 844'a of 1990, pending in the Court of Chief Metropolitan Magistrate, Dhaka under sections 420 and 406 of the Penal Code. 2. Respondent ......case has been made out and we do not think it fit and proper to quash the proceeding at this stage. Hence, the appeal is dismissed. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 139. ......case has been made out and we do not think it fit and proper to quash the proceeding at this stage. Hence, the appeal is dismissed. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 139. ..Category: Criminal Law | Date: | Hits: 64
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....t by its order dated 7th January, 1986. The Administrative Appellate Tribunal by its judgment and order dated 8th March, 1987 set aside the Tribunal's order on the ground that the order passed by the Chief Martial Law Administrator could not be challenged before any court. The High Court Division re...... the Supreme Court which exercises the judicial power of the State. I concur again with the decision of my learned brother, MH Rahman J. Ed. This Case is also Reported in: 44 DLR (AD) 111. ...... AC 495 (506); MB Majumder Vs. Union of India AIR 1990 SC 2263; Royal Aquarium and Summer and Winter Garden Society Limited Vs. Parkinson [1892] 1 QB 431 (446); Shell Company of Australia Vs. Federal Commissioners, (1931) AC 275 (297‑8); M/s. Faridsons Ltd. Vs. Government of Pakistan PLD 1961 SC 5..Category: Administrative Law | Date: | Hits: 203
Dr. Ahmed Hussain Vs. Bangladesh and others, 1992, 21 CLC (AD)
.... shall prevent the State, which expression includes Parliament, from making special provision in favour of women. We find no merit in this petition and, accordingly, it is dismissed. Ed. ...... shall prevent the State, which expression includes Parliament, from making special provision in favour of women. We find no merit in this petition and, accordingly, it is dismissed. Ed. ...... shall prevent the State, which expression includes Parliament, from making special provision in favour of women. We find no merit in this petition and, accordingly, it is dismissed. Ed. ..Category: Constitutional Law | Date: | Hits: 191
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