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Mostafizur Rahman Vs. BD, represented by Sec., Min. of Home Affairs & anr, 1999, 28 CLC (AD)
....ds and is, accordingly, allowed. There will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 1. ......etention is to see whether the person is being detained without lawful authority or in an unlawful manner. The authority can never justify an order of preventive detention by merely saying that the action was taken in the interest of public safety and public order. It has to satisfy the High Cou..Category: Constitutional Law | Date: | Hits: 191
Abul Bashar Vs. Investment Corporation of Bangladesh & another, 2000, 29 CLC (AD)
....sel for the petitioner are distinguishable on facts. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 178. ......“Provided further that no such application shall be entertained by the Administrative Tribunal unless it is made within six months from the date of making or taking of the order, decision or action concerned or making of the decision on the matter by the higher administrative authority, as..Category: Administrative Law | Date: | Hits: 121
Government of Bangladesh and others Vs. Hussain Mohammad Ershad, 2000, 29 CLC (AD)
.... the learned Additional Attorney-General merit no consideration. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 162. ......llip;…………………(6) A search by itself does not operate as a total restriction on the right of citizen to hold and enjoy his property and as such action is temporary measure for a limited purpose of investigation and interferes with the right of..Category: Constitutional Law | Date: | Hits: 170
Bangladesh and others Vs. Mizanur Rahman, 2000, 29 CLC (AD)
....of any excess duty under section 33 of the Act within six months of such payment his writ petition is not maintainable. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 149. ......on ought to have discharged the Rule Nisi. Further section 33 of the Customs Act provides that claim for refund is to be lodged within 6 months of payment and the respondent did not take any legal action within 6 months of making payment and, as such, the High Court Division ought to have discha..Category: Fiscal/Taxation Law | Date: | Hits: 94
Syed Jahangir Hossain Vs. Md. Moyenuddin and others, 2000, 29 CLC (AD)
....de above we find no merit in this appeal. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 140. ......h Court Division further found that the provisions of Rule 16 was not followed though allegation brought against the plaintiff amounts to misconduct and without complying with the said provision no action could validly be taken against the plaintiff as a teacher. 7. Learned Advocate for t..Category: Others | Date: | Hits: 84
Asmat Ali Vs. Abdur Rafique Mridha and others, 2000, 29 CLC (AD)
....y dismissed without costs. Order of the Court By a majority decision the appeal with cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 132. ......available to a mortgagor by filing a mortgage suit under Order 34 of the Code of Civil Procedure. Hence High Court Division was totally wrong to hold that the suit was not maintainable as the transaction was past and closed…………………(11) ..Category: Property Law | Date: | Hits: 64
Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)
....ndence for effective and meaningful discharge of its constitutional functions. For the above reasons, I concur with the judgment. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 82. ......y subordinate to that by which he was appointed. (2) No such person shall be dismissed or removed or reduced in rank until he has been given a reasonable opportunity of showing cause why that action should not be taken: Provided that this clause shall not apply- (i) where a person ..Category: Constitutional Law | Date: | Hits: 829
Shamsuddin Ahmed Vs. Md. Gholam Rabbani & Others, 2000, 29 CLC (AD)
....e in the above mentioned no action is called for upon this petition. The petition is accordingly, disposed of. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 81. ...... terms that the learned Judge will desist from committing such an act in future that is not in keeping with judicial propriety. 4. In view of our observation made in the above mentioned no action is called for upon this petition. The petition is accordingly, disposed of. ..Category: Criminal Law | Date: | Hits: 63
Abdur Rahim Chowdhury Vs. Bangladesh Bank and others, 2000, 29 CLC (AD)
....gment and order requires no interference by this Court. The appeal is dismissed with cost to the respondents. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 71. ......e it cannot be said that there was no material before the respondent no. 1 to form the opinion concerning the appellant or that the said opinion was fanciful. There was no requirement of any satisfaction but to form an opinion under the proviso to section 46 (2) of the Act. So there is no illega..Category: Business or Commercial Law | Date: | Hits: 116
Jamshed Ali Vs. AKM Abdullah and others, 2000, 29 CLC (AD)
....d in Writ Petition No. 44 of 1998 is hereby set aside and the Writ Petition is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 66. ......iction in directing publication of the result when the appropriate authority for such purpose is the Election Commission. This is within the election process. If the respondent is aggrieved by any action of the Returning Officer or the District Commission he may approach the Election Commission ..Category: Election Law | Date: | Hits: 110
Nur Israil Talukder (Md) Vs. State, 2000, 29 CLC (AD)
....t Division are set aside and further proceedings of the case stand stopped and the accused appellant stands released. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 51. ......mendment (Amendment) Act, 1987 (Act XIII of 1987) which came into force retrospectively with effect from 20-1-87 (published in the Bangladesh Gazette on 1-4-87). Section 9 thereof having saved the action of revival of the case taken under the said Ordinance on 26-2-87, the learned Judges of the ..Category: Criminal Law | Date: | Hits: 59
Momtaz Begum & others Vs. Md. Masud Khan, 2000, 29 CLC (AD)
.... the handwriting experts. 7. We therefore do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 46. ......ed to be forged, fraudulent and illegal and the deed is annulled, cancelled, made void and extinguished. The concerned District Registrar is being given a copy of this judgment for taking necessary action…...” 2. On appeal the 4th Court of Subordinate Judge, Dhaka in Title ..Category: Property Law | Date: | Hits: 59
University of Dhaka and another Vs. Professor AK Monwaruddin Ahmed, 2000, 29 CLC (AD)
....he decision sought to be appealed from does not suffer from any infirmity of law. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 17. ...... Chairman and Members of the Admission Committee of ‘Gha” Unit for 1992-93 sent a letter to the Vice Chancellor and Chairman of the Syndicate of the University on 1-1-94 condemning the action of the respondent for having the fund audited, demanded his punishment and rejection of the ..Category: Constitutional Law | Date: | Hits: 201
Government of Bangladesh and others Vs. Md. Tajul Islam, 1997, 26 CLC (AD)
....this appeal should be dismissed. Order of the Court By majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 177. ......¨āĻžāĻ° āĻ¸āĻžāĻ°ā§āĻŦāĻŋāĻ āĻāĻžāĻ°ā§āĻ¯āĻā§āĻ°āĻŽ āĻ¸āĻ¨ā§āĻ¤ā§āĻˇāĻāĻ¨āĻ āĻĒā§āĻ°āĻ¤ā§ā§āĻŽāĻžāĻ¨ āĻšā§ āĻ¨āĻžāĻ āĻŦāĻŋāĻ§āĻžā§âāĨ¤ 14. Evidently the Government wanted to take action against the respondent on the second ground as in section 14(1) i.e. his conductor performanc..Category: Constitutional Law | Date: | Hits: 192
Hafizuddin (Md) & 3 ors Vs. Bangladesh Bank, represented by Governor & ors, 1997, 26 CLC (AD)
.... made any submission on this finding. 15. We find no ground for interference. The petitions are dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 147 ......petitioners did not approach the higher administrative authority for decision in the matter or did not wait for their decision in the matter because they have not challenged any order, decision or action which is liable to be set aside, varied or modified by any higher administrative authority T..Category: Administrative Law | Date: | Hits: 159
Dhaka Vegetable Oil Ind. Ltd. Vs. Commissioner of Taxes, Dhk. (North) Zone, Dhaka, 1997, 26 CLC (AD)
....vanced by Mr. Rafiqul Huq. In the result both the appeals are allowed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 136 ......ent of the instant year was completed earlier. Naturally the said instruction would not be acted upon while the assessment was framed.” 10. In other words, the Tribunal upheld the action of the Appellate Joint Commissioner of Taxes in not taking into account the Circular in ques..Category: Fiscal/Taxation Law | Date: | Hits: 120
Sirajul Islam Chowdhury and others Vs. Md. Jainal Abedin & ors., 1997, 26 CLC (AD)
....age. The defendant- appellants are directed to pay the said amount within one month. There will be no order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 164 ......-appellants is, it being accepted as a concluded question of fact that the defendant-appellants trespassed into the land of the plaintiff respondent and thus incurred a tortious liability which is actionable per se did the High Court Division take the right view in law and on facts in ass..Category: Admiralty Law or Maritime Law | Date: | Hits: 213
....igh Court Division they cannot be heard to make any excuse now for their actions.
All the petitions are, accordingly, dismissed.
Ed.
This Case is also Reported in: 49 DLR (AD) (1997) 131.
...... 11-4-1993 of the Zilla Chora Chalan Domon Samannaya Committee. The respondents alleged that they were not given any prior notice nor they were heard before sealing their mills which was an arbitrary action. They made representation to the different authorities but without any result. Ultimately the..
Category: Others | Date: | Hits: 128
Alimuddin and others Vs. State, 1997, 26 CLC (AD)
....o reason to interfere with the impugned order upon time-barred petition. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 118 ......secutor is not the Government. But nobody also will dispute that a Public Prosecutor represents the State in a case “of which he has charge” which is under enquiry, trial or appeal. Any action taken by the Public Prosecutor, in such I case particularly when a case has been stopped du..Category: Criminal Law | Date: | Hits: 74
Khandaker G. Najib Vs. Chair., Board of Directors, Agrani Bank, HO, Dhk & ors, 1997, 26 CLC (AD)
....e matter. The appeal is allowed with costs and remanded to the Administrative Tribunal for hearing the case in accordance with law. Ed. This case is also reported in: 49 DLR (AD) (1997) 109. ......he opinion of the Administrative Tribunal and, as already noticed, dismissed the appeal. 4. Leave was granted on the submissions that the Tribunals below erred in not considering that the cause of action of the appellant before the Tribunal arose not because the appellant was praying for some anc..Category: Administrative Law | Date: | Hits: 131
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