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Abul Ahsan Vs. Administrator of Pabna Cham. of Com. & Ind. & anr, 1997, 26 CLC (AD)

.... decision. Accordingly, those petitions are disposed of as not being necessary for deciding the questions raised therein. Ed. This case is also reported in: 49 DLR (AD) (1997) 46 ...... decision. Accordingly, those petitions are disposed of as not being necessary for deciding the questions raised therein. Ed. This case is also reported in: 49 DLR (AD) (1997) 46 ...... petitioner as its President was elected on 6-11-94 for three years from its first annual general meeting held on 18-12-94. Upon certain allegations raised against the former committee, the Deputy Commissioner, Pabna on 4-10.93 appointed one Magistrate, First Class to hold an enquiry into those ..

Category: Procedural Law | Date: | Hits: 122

Mofizul Huq Vs. Mofizur Rahman and others, 1997, 26 CLC (AD)

....cost and the impugned judgment and order; are set aside.        Ed. This case is also reported in: 48 DLR (AD) (1996) 121, 49 DLR (AD) (1997) 38 ......ishad and he is liable to be directed to vacate the said office. The other contesting candidate is entitled to hold the said office of Chairman as duly elected uncontested under Rule 20 (3) of the Election Rules.  3. The appellant filed an affidavit-in- opposition denying the allegat......cost and the impugned judgment and order; are set aside.        Ed. This case is also reported in: 48 DLR (AD) (1996) 121, 49 DLR (AD) (1997) 38 ..

Category: Others | Date: | Hits: 85

State Vs. Golam Mostafa & ors., 1997, 26 CLC (AD)

.... meaning of section 349A of the Code Criminal Procedure. In support of his submission he referred to the relevant provisions of the Martial Regulations.  13. It is not disputed that the Chief Martial Law Administrator or an officer authorised by hill was competent to transfer a case f......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

Bangladesh Vs. Abdul Latif Chokder , 1997, 26 CLC (AD)

....eal direct to the Secretary, Ministry of Finance on 5-4-79. This appeal was barred by limitation and was also not made to the proper authority. The respondent again submitted another appeal to the Chief Martial Law Administrator through Secretary of Finance on 21-11-83. The rejection order of th...... was granted. Accordingly, the appeal is allowed without any order as to costs.  Ed. This Case is also Reported in: 1 MLR (AD) 1996, 393, 49 DLR (AD) (1997) 29 ...... was granted. Accordingly, the appeal is allowed without any order as to costs.  Ed. This Case is also Reported in: 1 MLR (AD) 1996, 393, 49 DLR (AD) (1997) 29 ..

Category: Administrative Law | Date: | Hits: 106

Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)

....e river Jamuna. The FAP-20 was framed under the authority of respondent No. 1, the Ministry of Irrigation, Water Development and Flood Control; and was subsequently entrusted to respondent No. 2, the Chief Engineer of the FPCO, on behalf of respondent No. 1, although respondent No. 3 the Bangladesh ......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. ......1) BCR (AD) 81; RS Secretary of State for the Environment, ex parte Rose Theatre Trust Co (QBD) [990] 1 All ER 754 and Muntizma Committee vs. Director Kaichi Ahadj Sindh, PLD 1992 (Karachi) 54; R vs. Commissioner of Police, ex parte Blackburn, (1968) 2 QB 118; Blackburn vs. Attorney General (1971) 1..

Category: Constitutional Law | Date: | Hits: 450

Shahinur Alam (Md) Vs. People’s Republic of Bangladesh and others, 1998, 27 CLC (AD)

....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. ......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. ......missed those suits. 2. The then District Judge, Natore as an inquiry official found him guilty and in pursuance thereof the concerned authority after consultation with the Public Service Commission dismissed the petitioner from service with effect from 11-4-88 under Rules 4(3)(d) of th..

Category: Administrative Law | Date: | Hits: 133

Akhteruzzaman Vs. Ali Amjad Khan and others, 1998, 27 CLC (AD)

....case to call for an interference.  The petitions, therefore, merit no leave and are dismissed.  Ed. This Case is also Reported in: 50 DLR (AD) (1998) 199. ......case to call for an interference.  The petitions, therefore, merit no leave and are dismissed.  Ed. This Case is also Reported in: 50 DLR (AD) (1998) 199. ...... an allegation that the petitioner had forcibly entered into a portion of the suit land in violation of the order of status quo made by the court. Thereupon the trial Court appointed the Assistant Commissioner (Land), Sirajdikhan, Munshiganj, a Receiver for the suit lands. The petitioner took ap..

Category: Property Law | Date: | Hits: 87

Shinepukur Holdings Ltd. & others Vs. Securities and Exchange Commission & another, 1998, 27 CLC (AD)

....is judgment and order dated 1-6-97 under section 438 of the Code of Criminal Procedure recommending quashing of the proceedings of CR Case Nos. 1075, 1076 and 1080 of 1997 pending in the Court of the Chief Metropolitan Magistrate (CMM) Dhaka. 2. Facts of the case, briefly, are that, the Securit......eived because he himself could set aside the order of the CMM which was actually prayed for. All the petitions are dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 189. ......………………………………...Petitioners AKM Shamsuddin ……………………………………………………………………….Petitioner Vs. Securities and Exchange Commission and another……………………….Respondents Judgment May 13, 1998. Res..

Category: Business or Commercial Law | Date: | Hits: 163

Bangladesh Vs. Mahbubuddin Ahmed, 1998, 27 CLC (AD)

.... On 4-1-87 a Memo. under the signature of Deputy Secretary, Establishment Division (appellant No.2 herein) was served on him wherein a true copy of the order dated 8-11-86 passed by Mr. HM Ershad, Chief Martial Law Administrator was quoted showing that he was dismissed from service under Martial......against him at any time.  For the reasons, however, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 154. ......against him at any time.  For the reasons, however, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 154. ..

Category: Administrative Law | Date: | Hits: 125

Bangladesh Railway and ors. Vs. Pranab Kumur Chakraborty and ors., 1996, 25 CLC (AD)

....getting lease of the land. Accordingly all necessary information were supplied and papers shown to the Officer of the Railway Department in the locality. The Divisional Estate Officer informed the Chief Estate Officer of the Bangladesh Railway that the bonafides of Jinardi Union Unnayan Parishad......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. ......for resumption of the lands and for their disposal in the manner hereinafter described, on receipt of these instructions Government in the Revenue Department will issue orders to the Divisional Commissioner for communication to the Collector of the District concerned, in order to give effect..

Category: Administrative Law | Date: | Hits: 130

Khandoker Saiful Islam Vs. State, 1997, 26 CLC (AD)

....o other point has been urged. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 126. ......o other point has been urged. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 126. ......o other point has been urged. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 126. ..

Category: Criminal Law | Date: | Hits: 96

Syed Hedayet Ali Vs. Chief Election Commissioner and others, 1994, 23 CLC (AD)

....late Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Syed Hedayet Ali……………….Petitioner Vs. Chief Election Commissioner and others……………….. Respondents Judgment May 5, 1994.......ivision (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Syed Hedayet Ali……………….Petitioner Vs. Chief Election Commissioner and others……………….. Respondents Judgment May 5, 1994. R...... (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Syed Hedayet Ali……………….Petitioner Vs. Chief Election Commissioner and others……………….. Respondents Judgment May 5, 1994. Result: ..

Category: Election Law | Date: | Hits: 110

Advocate Md. Abdul Hamid Vs. Md. Fazlur Rahman, 1998, 27 CLC (AD)

....reason to differ from the said view. For all these reasons we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 80. ......ishoreganj and the Assistant Returning Officers, Itna, Mitamoin and Austogram were joined as parties along with all the candidates. 3. The said election petition has been registered as Divisional Election Tribunal Case No. 2 of 1997 and it is pending for disposal before the Divisional Election T......reason to differ from the said view. For all these reasons we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 80. ..

Category: Election Law | Date: | Hits: 168

Aung Shwe Prue Chowdhury Vs. Kyaw Sain Prue Chowdhury and others, 1997, 26 CLC (AD)

....y and others.................Respondents Judgment  December 11, 1997. Result: The Appeal is allowed. The Chittagong Hill Tracts Regulations, 1900  Selection of Bohmang Chief  The selection of Bohmang Chief is no doubt an executive selection and judiciary will ......Chief on the ground of seniority. Respondent No. 1 is a time-server who originally belonged to the Awami League, thereafter changed the party affiliation and joined BNP and contested the 1991 General Election as a BNP candidate. Finally, he has switched over to Awami League since 5-6-96. 8. The ......1-11-96, appointing and recognising respondent No.1 Kyaw Sam Prue Chowdhury as the Chief of Bohmong Circle of Chittagong Hill Tracts under the Chittagong Hill Tracts Regulation 1900 and directing the Commissioner, Chittagong Division, Chittagong Hill Tracts to arrange his investiture under Regulatio..

Category: Civil Law | Date: | Hits: 203

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. ...... respondent No.3, by his order dated 23 February 1988, retired him compulsorily taking a lenient view considering the long period of his service. This was done in consultation with the Public Service Commission; Respondent No.1 preferred a departmental appeal, which was dismissed on 12 March 1989. ..

Category: Administrative Law | Date: | Hits: 145

Bangladesh Telegraph and Telephone Board Vs. Lithi Enterprises Limited, 1997, 26 CLC (AD)

....e appeal is not well founded and liable to be dismissed. In the result, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 63. ......e appeal is not well founded and liable to be dismissed. In the result, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 63. ......ubmitted by the appellant, the respondent company would prepare 2,000 telephone and 1,000 telex bills on an experimental basis within a period of two months by using the computer of the Atomic Energy Commission and the contract between the parties would come into force for a period of 3 years subjec..

Category: Alternative Dispute Resolution | Date: | Hits: 234

Abdul Jalil and others Vs. Sharon Laily Begum Jalil, 1997, 26 CLC (AD)

....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. ......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. ......ations for directions before the hearing began that: “Further, to assist in the proper disposal of this matter, it is prayed that directions may be issued to the District Judge/an Advocate Commissioner appointed by this Court to examine parties and the children, and take other relevan..

Category: Family Law | Date: | Hits: 250

Bangladesh Vs. Shafiuddin and Others, 1997, 26 CLC (AD)

....Committee promoted his juniors to the post of Joint Secretary. The Division Bench did not issue any Rule Nisi on Writ Petition No. 813 of 1993 but referred all the three writ petitions to the learned Chief Justice for constitution of a Special Bench because the vires of some Rules, Regulations and v......nd exclusionary powers and jurisdictions have been created. See for example Articles 116 and 117 and the difference between the functions of a pubic service commission in Article 140 and those of the Election Commission in Article 119(1), which is as follows- “The superintendence, direction and......oined the service of the Republic as a Class-I Officer on 22-10-73. After being absorbed in the BCS (Administration) Cadre by Notification dated 4-12-82, he was at the material time Additional Deputy Commissioner (Revenue), Mymensingh. In the list of seniority he was senior to 127 Officers named in ..

Category: Constitutional Law | Date: | Hits: 185

Samad Sikdar and others Vs. State, 1997, 26 CLC (AD)

.... Judges of the High Court Division in appeal, the same calls for no interference. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 24. ...... Judges of the High Court Division in appeal, the same calls for no interference. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 24. ...... Judges of the High Court Division in appeal, the same calls for no interference. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 24. ..

Category: Procedural Law | Date: | Hits: 157

Azizur Rahman alias Md. Azizur Rahman Vs. Bangladesh, 1997, 26 CLC (AD)

....n CA No. 3 of 1997 and Mr. H R Sharif, learned Counsel appearing for the writ petitioner-appellant in CA No. 2 of 1997, contend that the constitution given to the Single Vacation Judge by the learned Chief Justice cannot and does not include the jurisdiction to interfere with an order passed earlier......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. ......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