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Miah Lutfi Hossain Kasru and others Vs. Bangladesh, 2001, 30 CLC (AD)
....imitation Officer without taking into consideration territorial unity, distribution of population and administrative convenience and that without making any enquiry pd obtaining any opinion of the local people and at respondent No. 2, Deputy Secretary (Poura) also did not consider the report alo......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
Forkan alias Farhad and and another Vs. State, 1995, 24 CLC (AD)
....Penal Code against the appellants have been proved beyond the shadow of reasonable doubt. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 149. ...... he disclosed that Forkan, Golap and Seraj assaulted him and his father. In cross‑examination he stated that when he went to JaJ Mia at that time his Bhabi (P.W. 3) had already gone to see the dead body of her husband. From the evidence of P.W. 3 it appears that she stated in her examination – i..Category: Criminal Law | Date: | Hits: 49
Abu Taleb Vs. Government of Bangladesh, 1995, 24 CLC (AD)
....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......tion Department on the 15th March, 1960 and it is his case that by dint of merit he was gradually promoted to the post of Director, Civil Aviation Authority. In 1985 the Government formed a corporate body, namely, Civil Aviation Authority of Bangladesh, by abolishing the Department of Civil Aviation..Category: Administrative Law | Date: | Hits: 175
Special Reference No. 1 of 1995, 24 CLC (AD)
....s precisely for this reason that we rejected the contention of the, learned Attorney‑General in the case of Kudrat‑e‑Elahi Paneer Vs. Bangladesh, 44 DLR (AD) 319, that there can be two kinds of local governments, one within the meaning of Articles 59 and 60 of the Constitution and the other Ou......ng in a judicial review, a fortiori, it will not be done in the advisory jurisdiction. But here a legal question has been raised as to the title of a person to remain a member of the Parliament and nobody has said that this matter has been a part of the "formal transaction of business" of the parlia..Category: Constitutional Law | Date: | Hits: 248
Shameen Vs. Government of Bangladesh & others, 1995, 24 CLC (AD)
....agistrate, Dhaka, was served on him on 12 June 1994. On 26 June 1994 a memorandum of grounds was served on the detenu alleging, inter alia, that he was an illegal possessor of unauthorised arms; that local public are much dissatisfied with him; that he along with his associates has created panic in ...... It is a distinctive norm in our Court system that application for habeas corpus should get top priority over all other business and be expeditiously disposed of. It is no longer common to direct the body of the prisoner to be produced before the court but the respondents having the custody of the p..Category: Criminal Law | Date: | Hits: 75
Zahiruddin son of Abdu Hye Vs. State, 1995, 24 CLC (AD)
....ollowing 14 May 1987. The appellant informed her brother Nazir Hossain about the same on 17 May 1997. He along with Nazir Hossain went to Ramu Police Station with a letter from the Chairman of the local Union Parishad and made a General Diary entry. The Police arrested the appellant and produced......ith a letter from the Chairman of the local Union Parishad and made a General Diary entry. The Police arrested the appellant and produced him before the Upazila Magistrate on 18 May 1987. The dead body of Velua Khatun was recovered on 18 May 1987 at 3‑30 PM from the fountain of Rajarkul Ta..Category: Criminal Law | Date: | Hits: 73
Lt. Col. (Retd) Nazimuddin Ahmed Vs. Bangladesh and Others, 1995, 24 CLC (AD)
.... "An ex‑officer of any Defence Service, whether commissioned, junior commissioned or non‑commissioned, appointed on contract in any Government post or office or in any local authority at any time before the commencement of this Order and in service on such contract ......hing contained in this Order an ex‑officer of the Defence Services, who is holding any post or office as Chairman, member, director, including managing director, or trustee of the governing body, by whatever name called of any local authority shall, subject to the other provisions of thi..Category: Employment/Service Law | Date: | Hits: 117
Samsun Shipping Corporation Vs. Hossain and Sons and others, 1995, 24 CLC (AD)
....e any relevance to the matter in issue. We do, not find any ground to interfere. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 31 ......ejecting the application of the petitioner. 5. Mr. Moudud Ahmed, learned Counsel for the petitioner, submits that even if the date of the Charter Party Agreement was not incorporated in the body of the bills of lading, the experienced consignee, the plaintiff, has the obligation to take ..Category: Admiralty Law or Maritime Law | Date: | Hits: 228
Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)
....heme has been framed and giving some particulars and the map of the area comprised in the scheme shall cause a notice to be published weekly for three consecutive weeks in the Official Gazette and in local newspapers and also send a copy of the notice to the Mayor of the Corporation or Chairman of t......t be entitled to back up on it. This principle of promissory estoppel is available by way of defence and also as a cause of action. This principle is applicable against the government and a statutory body as well as against a private individual. In the case of government or a public authority, mere ..Category: Property Law | Date: | Hits: 79
Babul Kanti Das and others Vs. Abul Hashem and others, 1995, 24 CLC (AD)
....d further issued an order for maintaining status quo till the disposal of the application. Later on the same (lay the plaintiff filed an application for appointment of an Advocate Commissioner for local inspection and accordingly, one Mr. Abdul Huq, Advocate was appointed as Commissioner to file......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
Khaledur Reza Chowdhury (Md) Vs. Saleha Begum and others, 1996, 25 CLC (AD)
....t and order are set aside and the order dated 6-2-93 passed by the learned Subordinate Judge in Title Suit No.415 of 1984 is restored. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 209. ......d. In the application for amendment of the plaint all the events that took place after the evidence was adduced at the trial of the suit in June, 1986 were stated and sought to be incorporated in the body of the plaint. The appellant also filed an application under section 24 of the Code of Civil Pr..Category: Property Law | Date: | Hits: 59
AKM Mayeedul Islam Vs. Bangladesh Election Commission and others, 1996, 25 CLC (AD)
....of law raised in this petition is one of general public importance. 7. In the case of AFM Shah Alam vs. Majibul Huq and others, 41 DLR (AD) 68, this Court has in very clear terms laid down that in local government elections no step in the election process can be challenged under Article 102 of th......ot on the grounds stated in the impugned judgment, but on the ground that the writ petition was not maintainable. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 230; 48 DLR (AD) (1996) 208 ..Category: Election Law | Date: | Hits: 133
Sec, Internal Resources Div., Min. of Finance & Chair, Vs. Nasrin Banu & 5 ors., 1996, 25 CLC (AD)
....ect on 20 defines “public servant” as follows: “2(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 defen......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)
.... Association, Dinajpur filed a petition of complaint before the learned Senior Special Judge, Dinajpur on 14-9-1995 against the Deputy Commissioner, Superintendent of Police, Dinajpur and some, other local officials alleging offences under sections 166/217/114 of the Penal Code and section 5(2) of t......der 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 dead body from the morgue of the general hospital for concealing the same. Those and several other wrongf..Category: Anti-Corruption Laws | Date: | Hits: 92
Fazlur Rahman Shah Vs. Md. Arifur Rahman @ Badsha Chairman, 1996, 25 CLC (AD)
....ferred the suit premises to the plain and delivered symbolic possession thereof. Plain orally informed the defendant about his purchase on 15-2-1983 and published news about the said kabala in the local dailies. Thereafter by a registered notice dated 14-8-1983 the plaintiff informed the defenda......able in law. For the reasons aforesaid the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 258, 48 DLR (AD) (1996) 138 ..Category: Property Law | Date: | Hits: 52
Jamila Khatun Vs. Rustom Ali, 1996, 25 CLC (AD)
....amizul Huq Vs. Shamsul Huq, 43 DLR (AD) 34.) But in respect of “suits section 3 of the Limitation Act will apply or section 29(2) of the said Act will apply, if the suit is filed under a special or local law, unless the Limitation Act has been expressly excluded from the purview of such Suits. Sec......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. ..Category: Family Law | Date: | Hits: 198
State Vs. Md. Iqbal Hossain alias Iqbal Hossain and others, 1993, 22 CLC (AD)
....llers Ltd. gave an estimate for the supply of English made Sumo pumps at a cost of Taka 29,45,760. 6. M/s Iqbal Engineering Works thus became the lowest tenderer again but as the firm was not the local agent of EMU pumps and as Bashir & Co. (Pvt.) Ltd. was the local agent of that company the......acts as found earlier it is difficult to attribute any culpability to the respondent-engineers for the mere fact that they were also parties to the passing of the bill of Iqbal Hossain. 38. If anybody among the respondent-engineers was liable to be made directly responsible for receiving the dis..Category: Anti-Corruption Laws | Date: | Hits: 92
Government of Bangladesh Vs. A H M Amir Hossain, 1996, 25 CLC (AD)
....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 ......colleges with effect from 7 May, 1979 among which Bhola College was one and it got the approval of the President for such nationalisation. In pursuance of the said Government decision the governing body of the Bhola College caused transfer of the college to the Government and the college was take..Category: Constitutional Law | Date: | Hits: 174
Moti Mia Vs. Ayesha Khatun and another, 1996, 25 CLC (AD)
.... a decree in his suit. 8. Further, from the evidence of DWs I and 2 it appears that at the instance of the plaintiff ii village salish was held in presence of respectable people of the locality for settlement of disputes between the parties and it was decided that the plaintiff would......osecution and hence the kabalas are void and hence the suit. 3. The case of defendant Nos. 1 and 2 was that the plaintiff and his wife willfully caused injury on different parts of the body of defendant No.1 by a Sharp-cutting weapon for which she remained in hospital for several day..Category: Property Law | Date: | Hits: 72
Mohammad Brothers Vs. Collector of Customs and another, 1996, 25 CLC (AD)
....missions made by him before the appellate body which will not be inhibited by any observation or finding on the merit of the petitioner’s case. The petition is dismissed. Ed. ...... petitioner in pursuing the writ petition may be a good cause for entertaining the appeal beyond time and the petitioner will be free to agitate all the submissions made by him before the appellate body which will not be inhibited by any observation or finding on the merit of the petitioner&rsquo..Category: Business or Commercial Law | Date: | Hits: 111
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