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Sec, Internal Resources Div., Min. of Finance & Chair, Vs. Nasrin Banu & 5 ors., 1996, 25 CLC (AD)
.... 2. The common case of all the writ petitioners as found in Writ Petition No. 21 of 1993 was that response to a Notification of the Ministry of Finance dated 3 1-12-89 they applied for various posts in the temporary Additional Benches of the Taxes Appeal Tribunal created by the appellant. O......d) “public servant” means any person who is, for the time being in the service of the Republic or of any local authority, but does not include any person who— (i) is a member of any defence service, (ii) is employed in or under a commission, committee or b......Prime Minster (Annexure D), after proper scrutiny of their service record, before any necessary new recruitment is made. Ed. This case is also reported in: 48 DLR (AD) (1996) 171 ......Prime Minster (Annexure D), after proper scrutiny of their service record, before any necessary new recruitment is made. Ed. This case is also reported in: 48 DLR (AD) (1996) 171 ..Category: Constitutional Law | Date: | Hits: 161
Abdur Rahim @ Md. Abdur Rahim Vs. State, 1996, 25 CLC (AD)
....and killed several persons. The accused persons in order to screen the alleged offenders of Yasmin murder indulged in various acts knowing that they were unlawful. They also did not take any step for post mortem examination of one Abdul Kader who had died in police firing and further removed his dea......ed Senior Special Judge will now proceed in accordance with law and in the light of the observation made above. Ed. This case is also reported in: 48 DLR (AD) (1996) 167, 49 DLR (AD) (1997) 51. ......ed Senior Special Judge will now proceed in accordance with law and in the light of the observation made above. Ed. This case is also reported in: 48 DLR (AD) (1996) 167, 49 DLR (AD) (1997) 51. ......ed Senior Special Judge will now proceed in accordance with law and in the light of the observation made above. Ed. This case is also reported in: 48 DLR (AD) (1996) 167, 49 DLR (AD) (1997) 51. ..Category: Anti-Corruption Laws | Date: | Hits: 92
Mahmudul Haque (Md) Vs. Md. Hedayetullah and others, 1996, 25 CLC (AD)
....t jurisdiction in interfering with a parliamentary election process. The appeal is allowed without, however, any order as to costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 128. ......t jurisdiction in interfering with a parliamentary election process. The appeal is allowed without, however, any order as to costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 128. ......t jurisdiction in interfering with a parliamentary election process. The appeal is allowed without, however, any order as to costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 128. ......t jurisdiction in interfering with a parliamentary election process. The appeal is allowed without, however, any order as to costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 128. ..Category: Election Law | Date: | Hits: 129
Irfan Sayed (Md) Vs. Mrs. Rukshana Matin and others, 1996, 25 CLC (AD)
....f legal acumen and hence the same is set aside. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 134 ......he plaintiff again went to see his minor son in that house, he was not allowed to see the child. Rather, defendant No.1 insulted him. Since 1.6.94 defendant No.1 did not allow the plaintiff and any member of his family to see the child. She did not also send the child to the house of the plaintif......f legal acumen and hence the same is set aside. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 134 ......f legal acumen and hence the same is set aside. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 134 ..Category: Family Law | Date: | Hits: 162
Jamila Khatun Vs. Rustom Ali, 1996, 25 CLC (AD)
....emaining unchanged. In the result the appeal is allowed in part. No Costs. The trial Court’s decree is to be amended accordingly. Ed. This case is also reported in: 48 DLR (AD) (1996) 110. ......emaining unchanged. In the result the appeal is allowed in part. No Costs. The trial Court’s decree is to be amended accordingly. Ed. This case is also reported in: 48 DLR (AD) (1996) 110. ...... then. A year later she approached the village matbars for a salish which failed. Thereafter the dispute was successively referred, twice each, to a Village Peace Committee and to the Chairman of the Union Parishad, but for four years the dispute remained unresolved. The respondent never gave her po...... A year later she approached the village matbars for a salish which failed. Thereafter the dispute was successively referred, twice each, to a Village Peace Committee and to the Chairman of the Union Parishad, but for four years the dispute remained unresolved. The respondent never gave her possessi..Category: Family Law | Date: | Hits: 198
State Vs. Md. Iqbal Hossain alias Iqbal Hossain and others, 1993, 22 CLC (AD)
....vision were just, correct and proper and caused no miscarriage of justice. In the result, therefore, all the appeals are dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 100. ......be offered to Bashir &. Co. (Pvt) Ltd. at the price quoted by M/s Iqbal Engineering Works and the tender committee headed by the Pro-Vice Chancellor of the University (respondent Mohammad Ali was member-secretary as he was then acting Chief Engineer) took a resolution to that effect on 25-4-87. ......vision were just, correct and proper and caused no miscarriage of justice. In the result, therefore, all the appeals are dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 100. ......vision were just, correct and proper and caused no miscarriage of justice. In the result, therefore, all the appeals are dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 100. ..Category: Anti-Corruption Laws | Date: | Hits: 92
Government of Bangladesh Vs. A H M Amir Hossain, 1996, 25 CLC (AD)
.... The respondent was transferred to BM College, Barisal in January 1981 and having served there till 25 January 1989 was again transferred to A K Fazlul Haque College, Chakhar, Barisal in the same post of lecturer in Economics. There he found his erstwhile colleague A K M Saidur Rahman, who was ......ve to Appeal No. 431 of 1992 filed by the respondent which is also barred by 353 days is disposed of. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 152, 48 DLR (AD) (1996) 75 ......ve to Appeal No. 431 of 1992 filed by the respondent which is also barred by 353 days is disposed of. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 152, 48 DLR (AD) (1996) 75 ......ve to Appeal No. 431 of 1992 filed by the respondent which is also barred by 353 days is disposed of. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 152, 48 DLR (AD) (1996) 75 ..Category: Constitutional Law | Date: | Hits: 174
Raziul Hasan Vs. Badiuzzaman Khan and others, 1996, 25 CLC (AD)
....epatriated to Bangladesh; that thereafter he was appointed Section Officer in the Ministry of Commerce; that he was transferred to the Ministry of Foreign Affairs as Section Officer on 9-5-74 and was posted at the Embassy of Bangladesh in Senegal as Second Secretary on 15-2-1979; that he was then po......h 6 others; that he was absorbed as a Section Officer and not as Deputy Secretary; that he was given option as to whether he would remain in BCS (Secretariat) Cadre and join as Deputy Secretary or be member of BCS (Foreign Affairs) Cadre and in spite of repeated remainders given by the Establishment......nt and hearing respondent No. 1 and the appellant afresh. The other parts of the Tribunal’s order will remain and not be reopened. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 71. ......nt and hearing respondent No. 1 and the appellant afresh. The other parts of the Tribunal’s order will remain and not be reopened. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 71. ..Category: Administrative Law | Date: | Hits: 167
Moti Mia Vs. Ayesha Khatun and another, 1996, 25 CLC (AD)
....easonings therefor. For the reasons stated above, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 64 ......easonings therefor. For the reasons stated above, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 64 ......……………Respondents Judgment July 13th , 1995 Cases Referred To: AIR 1916 (Patna) 284; Ouseph Poulo vs. Catholic Union Bank Ltd., AIR 1965 (SC) 166; Ramchandra Laxman and others vs. Bank of Kolhapur. AIR 1952 (B......easonings therefor. For the reasons stated above, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 64 ..Category: Property Law | Date: | Hits: 72
Managing Director, Rupali Bank Ltd. Vs. Md. Nazrul Islam Patwary & others, 1996, 25 CLC (AD)
....s, either by nature of the duties attached to the office or by reason of power vested in him, functions mainly of managerial or administrative nature. Considering the nature of work attached with the post of security guard of the appellant-bank, unhesitatingly it can be said that the plaintiff clear......ide the order of termination on merit has been upheld upto the High Court Division. As a result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 62. ......ide the order of termination on merit has been upheld upto the High Court Division. As a result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 62. ......ide the order of termination on merit has been upheld upto the High Court Division. As a result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 62. ..Category: Labour and Industrial Law | Date: | Hits: 152
Muzaffar Hossain Vs. Md. Humayun Kabir and others , 1996, 25 CLC (AD)
....d Judge rightly set aside the judgment and order of the Election Appellate Tribunal. The petition is, therefore dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 59 ......d Judge rightly set aside the judgment and order of the Election Appellate Tribunal. The petition is, therefore dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 59 ...... Judgment: Md. Ismailuddin Sarker J: This petition for leave to appeal is by one of the defeated candidates petitioner and other candidates of the Union went to for election to the Office of Chairman of No.10 Tamtu Union Parishad held on February......in Sarker J: This petition for leave to appeal is by one of the defeated candidates petitioner and other candidates of the Union went to for election to the Office of Chairman of No.10 Tamtu Union Parishad held on February 3, 1992 against the judgment and order dated November 14, 1994 passed by ..Category: Others | Date: | Hits: 98
Golam Murtaza Bhuiyan and Others Vs. Government of Bangladesh and Others, 1996, 25 CLC (AD)
....e informed of the working of the Ministry/Division and shall work under his supervision. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 47 ......gh Court Division, Dhaka in Writ Petition No. 276 of 1993). Judgment: MH Rahman J- In Writ Petition No. 276 of 1993 the four petitioners, the elected members of the Salimabad Union Parishad, challenged a direction of the Ministry of Local Governmen......n Writ Petition No. 276 of 1993). Judgment: MH Rahman J- In Writ Petition No. 276 of 1993 the four petitioners, the elected members of the Salimabad Union Parishad, challenged a direction of the Ministry of Local Government, Rural Development and C...... Petition No. 276 of 1993). Judgment: MH Rahman J- In Writ Petition No. 276 of 1993 the four petitioners, the elected members of the Salimabad Union Parishad, challenged a direction of the Ministry of Local Government, Rural Development and Co-oper..Category: Property Law | Date: | Hits: 71
Principal, Chittagong Medical College and others Vs. Shahrayar Murshed and others, 1995, 24 CLC (AD)
.... at once for their alleged involvement in the incident as demanded by the rival student organisations was not an act which can be said to be such as was required to be immediately taken to meet an ex-post criminal incident. The authorities should have exercised restraint and discretion in taking the......e conference room which was presided over by the Acting Principal since the lady Principal was away at Dhaka. While the meeting was going on the Principal arrived and after discussion all the Council members condemned the incident and demanded arrest and exemplary punishment of the persons responsib......ical College bearing Roll No. 113. Session 1988-1989, and in 1993 was elected for the 4th consecutive term as the Indoor Games Secretary of the Chittagong Medical College Chhatra Sangsad (Students’ Union). Respondent in CA No.71 of 1994 and petitioner in WP No.2142 of 1993 was a student of 4th yea......pugned judgment and order passed by the High Court Division. Accordingly all the appeals are dismissed without any order as to costs. Ed. This Case is also reported in: 48 DLR (AD) (1996) 33. ..Category: Constitutional Law | Date: | Hits: 169
Hasina Khatoon and others Vs. Bangladesh and others, 1996, 25 CLC (AD)
....t follows that the Court of Settlement must now dispose of this matter according to law. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 13 ...... case by its judgment dated 12th August, 1987 after holding that the building in question was an abandoned property. As the Court of Settlement was to be constituted with the Chairman and two other members as required Under section 9(2) of the Abandoned Building (Supplementary Provisions) Ordina......t follows that the Court of Settlement must now dispose of this matter according to law. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 13 ......t follows that the Court of Settlement must now dispose of this matter according to law. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 13 ..Category: Property Law | Date: | Hits: 53
Basiruddin Sarkar Vs. Jasimuddin Sarkar and others, 1972, 1 CLC (HCD)
....The result, therefore, is that the appeal is dismissed without any order as to costs. The judgment and decree of the trial Court as upheld by the lower appellate Court are affirmed. Ed. ......es belonged to defendant No. 1. It is true, as contended by Mr. Habibur Rahman, that presumption of jointness could not be applied in respect of Muslim undivided family and the property acquired by member of such family is not to be presumed as the property belonging to the entire family. The qu......d 'Ga' were jointly claimed to be purchased by both of them. The plaintiff contended that he was Tax Collector and had his own income. The defendant No. 1 also contended that he was a Chairman of a Union Panchayet Committee and also had his own money lending business. Apart from that, his wife ha......The result, therefore, is that the appeal is dismissed without any order as to costs. The judgment and decree of the trial Court as upheld by the lower appellate Court are affirmed. Ed. ..Category: Property Law | Date: | Hits: 51
State Vs. Lutfor Fakir, 1972, 1 CLC (HCD)
....ody was identified by PW 2 Bano Bibi and PW, 1 Sk. Elahi Baksh to be the dead body of Dulal Fakir. On such identification, the investigating Officer PW 13 held inquest and sent it to the morgue for post mortem examination. PW 12 Dr. Md. Mohsin held post mortem on the dead body of Dulal Fakir on ......withheld material witnesses, namely, Parashullah Fakir, Saju Bibi, Asgar Ali, Dhiren Chowkider, Basu Dev Dafadar, Sariatulla, Sohrab, Akhter and Siraj. Dhiren Chowkider and Basu Dev Dafadar are the members of the rural Police to whom the accused was handed over by the witnesses subsequently. They...... allowed to the extent of sentence only and the conviction under section 302 of the Pakistan Penal Code is maintained. The appellant is sentenced to undergo transportation for life. Ed. ...... allowed to the extent of sentence only and the conviction under section 302 of the Pakistan Penal Code is maintained. The appellant is sentenced to undergo transportation for life. Ed. ..Category: Criminal Law | Date: | Hits: 62
Premhari Barman and others Vs. Commissioner of Taxation, East Pak. Dacca, 1972, 1 CLC (HCD)
....ingly, our answer to the second question is in the affirmative. 12. In view of the facts and circumstances of the present case, we direct the parties to bear their own costs. Ed. ......I) Whether in the facts and circumstances of the case viz, oral partition of Joint Family properties, separate possession and separate enjoyment of agricultural income in definite shares by the members, separate residence, separate funds, the Hindu undivided family has ceased to exist, as su......ingly, our answer to the second question is in the affirmative. 12. In view of the facts and circumstances of the present case, we direct the parties to bear their own costs. Ed. ......ingly, our answer to the second question is in the affirmative. 12. In view of the facts and circumstances of the present case, we direct the parties to bear their own costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 98
Rabiul Hossain Vs. Chairman, District Council Khulna and DC Khulna and others, 1972, 1 CLC (HCD)
.... (2) No notice shall be invalid for defect of forms. (3) Every notice shall, unless otherwise provided, be served or presented by giving or tendering the notice or sending it by post to the person for whom it is intended or by affixing it on some conspicuous part of abode or ......ing to take proper step, for removing the petitioner. Thereafter, the Deputy Commissioner, Khulna who is also the Chairman of the District Council, Khulna convened a special meeting of the elected members of the District Council for removal of the petitioner. The said meeting took place on 23.1.......-ul-Hakim J: In this Rule the petitioner challenges the legality of a resolution passed by the Khulna District Council on 23.1.1968 removing the petitioner from the office of Chairman of Islamkati Union Council under Article 25 (3) (b) of the Basic Democracies Order, 1959 as well as an order of ......s petition was passed without lawful authority and has no legal effect. The petitioner is entitled to his cost of this petition which we assess at Rs. 51.00 (Rupees fifty one-only). Ed. ..Category: Others | Date: | Hits: 92
Kasiruddin Sarkar @ Kasiruddin Fakir Vs. The State, 1972, 1 CLC (AD)
....nied by the defence that the accused appellant's third wife Altafunnessa died due to the injury sustained by her in the front part of the neck. PW 5 Dr. A Azim, Medical Officer, Gaibandha who held post mortem examination has also opined to that effect. The question is whether this wound was homi......he Crown, 5 DLR (FC) 207 observed: "Where the direct evidence relates only to minor facts, and consequently the case rests wholly on circumstantial evidence, it is necessary to remember that "processes of inference and education are essentially involved of a delicate an......ppellant is set aside and he is acquitted from the charge under section 302 of the Pakistan Penal Code. He may be set at liberty at once if not wanted in any other connection. Ed. ......ppellant is set aside and he is acquitted from the charge under section 302 of the Pakistan Penal Code. He may be set at liberty at once if not wanted in any other connection. Ed. ..Category: Criminal Law | Date: | Hits: 124
Aminul Islam Vs. State, 1972, 1 CLC (HCD)
.... the contentions raised reference has to be made to the charges, namely, the accusations under section 242 Cr.P.C. which are as follows: "The accusation against you Aminul Islam is, that while posted as Sub-divisional Officer, Sadar Jessore...you in your capacity as a public servant entruste......s not at all been proved and he is entitled to be acquitted. The appeal is allowed. The conviction and sentence passed against the appellant are set aside and he is acquitted of the charge. Ed. ......ruddin Ahmed, PW 10 Md. Momin and PW 12 Nurul Huda are the persons who received payment from the appellant out of the unclaimed amount of Rs 1360.09 paisa. PW 13 Kudiram Biswas was MUC of Narendrapur Union in 1963. He stated that there was a motor accident near Rupdia Bazar near the C & B Road o......s not at all been proved and he is entitled to be acquitted. The appeal is allowed. The conviction and sentence passed against the appellant are set aside and he is acquitted of the charge. Ed. ..Category: Anti-Corruption Laws | Date: | Hits: 83
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