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Governing Body of Kapilmuni College Vs. Sheikh Roushan Ali & Others, 1997, 26 CLC (AD)
....same by the impugned order. In the facts and circumstances of the case we find little merit in his leave petition. It is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 31.......e Department of Political Science at Kapilmuni College Khulna, the Governing Body of the College, petitioner herein, dismissed him from service with effect from 7-10-81 in pursuance of a departmental proceeding against him under the Recognised Non-Government Intermediate College Teachers (Board of I..Category: Employment/Service Law | Date: | Hits: 79
Saitan Bibi and others Vs. Chairman Bewa and others, 1999, 28 CLC (AD)
.... Court, thereby dismissing the suit. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 28. ......lieved the certified copy of MR Khatian No. 421, Ext. B recorded in the name of Pasiran Bibi in respect of the suit land. Ext. C, the certified copy of the order of the Revenue Circle Officer in a proceeding under section 19(1) of the State Acquisition Act, 1950 shows that the MR Khatian was pre..Category: Property Law | Date: | Hits: 52
Abdul Haque (Md) Deputy Commissioner Vs. District Judgeship, 1999, 28 CLC (AD)
.... censured for his objectionable remarks against the judicial officers of Kurigram and warned to be careful is future. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 15. ...... It was, of course, part of his official duty to report to higher authority for guidance about the difficulties and problems he might have been facing in running the local administration because of proceedings in Court but that would never justify using indecorous language and making comments ag..Category: Criminal Law | Date: | Hits: 70
Abul Bashar and another Vs. Hasanuddin Ahmed and ors., 1999, 28 CLC (AD)
....rt Division making the Rules, issued under section 561A Cr.P.C. in Criminal Miscellaneous Case No. 1770 of 1997, Criminal Revision No. 41 of 1997 and Criminal Revision No. 258 of 1997 absolute and quashing thereby the proceedings drawn up under section 145 Cr.P.C. by the Chief Metropolitan Magis...... The Code of Criminal Procedure, 1898. (V of 1898), Sections 145 & 561A In a civil suit pending between the parties an order for maintaining status quo has been passed prior to proceeding under section 145 between the same parties so the magistrate acted without jurisdiction ..Category: Criminal Law | Date: | Hits: 68
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. ......he Limitation Act, 1908 (Act No. IX of 1908) Sections 4-25, 14, 29(2) The view of the Administrative Appellate tribunal that section 14 of the Limitation Act was not applicable to the proceedings before it is held to be correct. Under section 3 of the Limitation Act, every suit inst..Category: Administrative Law | Date: | Hits: 121
Jamir Ali (Md) and others Vs. Secretary, Ministry of Land & others, 2000, 29 CLC (AD)
.... 1953 Act as amended by sections 22 and 23 of the 1987 Act. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 176; 6 MLR (AD) 2001, 41. ......hall be deemed to be acquisitioned for public purpose within the meaning of The Acquisition and Requisition of Immovable Property Ordinance, 1982 and provisions of the Ordinance shall apply to all proceedings relating to acquisition of property for such purpose. In spite of repeal of section 93A..Category: Property Law | Date: | Hits: 94
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. ......nment of Bangladesh and others 44 DLR (AD) 111 ]. 27. But when a writ petition is filed under sub-article (2) of Article 102 of the Constitution for a direction or for declaring any act or proceeding to be without lawful authority and of no legal effect then the question of exhaustion o..Category: Fiscal/Taxation Law | Date: | Hits: 94
Abdul Khaleque (Md) Vs. Sec, Ministry of Law, Justice and Parliamentary Affairs, 2000, 29 CLC (AD)
.... find any substance in the submissions of the learned Advocate for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 147. ......s case against the order of compulsory retirement from service. 3. The Government-respondent contested the case by filing written statement stating that for specific allegations department proceeding was started against the petitioner, an enquiry was held, charges were established and th..Category: Administrative Law | Date: | Hits: 125
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. ......e fail to understand how the learned Single Judge could hold like this in an independent civil suit for redemption of mortgage and opine that the suit is not maintainable. These are two independent proceedings. The reference of President’s Order 88 of 1972 is wholly irrelevant for the purpo..Category: Property Law | Date: | Hits: 64
Chowdhury Nasimul Baqui Vs. Bangladesh Steel and Engineering Corporation& others, 2000, 29 CLC (AD)
....t of the learned Counsel for the appellant. We accordingly, dismiss the appeal without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 125. ......s 42(8) It is well settled that any procedural law is retrospective in its operation. A subsequent omission by way of amendment of a procedure cannot be of any consequence in respect of the proceeding against the appellant. Section 6 of the General Clauses Act contemplates repeal of an Ac..Category: Employment/Service Law | Date: | Hits: 69
Fazlur Rahman Akhond (Md) and five others Vs. Government of Bangladesh and others, 2000, 29 CLC (AD)
....rit petitions were, therefore, rightly rejected, although on different grounds. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 116. ......t Servant (Discipline and Appeal) Rules 1976 were in force. These Rules did not provide that a delinquent employee could be dismissed from service without any show cause notice or any disciplinary proceeding if they are convicted of any criminal offence or an offence under the prevailing Martial..Category: Employment/Service Law | Date: | Hits: 70
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. ......1997). Judgment Latifur Rahman CJ.- Shamsuddin Ahmed, an Advocate of this Court has filed Civil Contempt Petition No. 1 of 1999 for drawing up a contempt proceeding against the respondents. 2. In this petition, it has been stated Civil Appeal No..Category: Criminal Law | Date: | Hits: 63
Islami Bank Bangladesh Limited Vs. Al-Haj Md Shafiuddin Howlader& another, 2000, 29 CLC (AD)
....pugned judgment of the High Court Division is set aside and the judgment and order of the Artha Rin Adalat is restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 76. ......ion (1) of section 6 of the Artha Rin Adalat Ain, 1990, hereinafter referred to as the Act. 3. The literal translation of this sub-section would be Subject to the provision of section 7 no proceeding, order, judgment and decree of an Artha Rin Adalat can be called in question before any ..Category: Business or Commercial Law | Date: | Hits: 104
Jharna Rani Saha Vs. Khondaker Zayedul Hoque alias Jahangir and another , 2000, 29 CLC (AD)
....ness at trial and the Court will ensure her attendance that case. In the result, the appeal is allowed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 66. ......aying that this Court being the highest court has the best opportunity to decide the matter of custody since all the facts are before the Court and the matter need not be made a subject of further proceeding. He submits that primary evidence being there that the girl is minor and that she is the..Category: Criminal Law | Date: | Hits: 48
Nur Israil Talukder (Md) Vs. State, 2000, 29 CLC (AD)
....ial Judge on 6- 8-90 again revived the case under section 339D, Code of Criminal Procedure. 2. Being aggrieved by the last order of revival, the appellant moved the High Court Division for quashing the proceeding against him on the ground that in view of the provision of section 8(a) of ......ed Special Judge having failed to complete the trial within 2 years, from the date of coming into force of the said Act XIII of 1987, the High Court Division was justified in refusing to quash the proceedings taken against the accused petitioner under section 409 of the Penal Code read with sect..Category: Criminal Law | Date: | Hits: 59
Shafiuddin Chowdhury (Md) Vs. Md. Abdul Karim and others, 2000, 29 CLC (AD)
.... basis of co-sharer ship is not maintainable. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 41. ......takes effect and thereafter remains nothing to be done. Passing of the final decree in a partition Suit finally determines the rights of the co-sharers in the land. In a pre-emption proceeding under section 96 of the State Acquisition and Tenancy Act, the question of co-sharer shi..Category: Property Law | Date: | Hits: 57
Hazera Khatun Vs. Dr. Md. Enayetullah, 2000, 29 CLC (AD)
.... discharged also on that ground correctly by the High Court Division. On the above grounds we dismiss this petition. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 33. ......pplication in the aforesaid First Appeal No. 241 of 1998 for stay of the Execution Case but it was rejected for non- prosecution. Thereafter, the petitioner filed an application for stay of further proceeding of the said Execution Case in the court of District Judge who stayed the proceeding and ..Category: Property Law | Date: | Hits: 87
Mustafa Kamal and another Vs. Commissioner of Customs and others, 1999, 28 CLC (AD)
.... lawful authority insofar as they relate to Soda Ash Light. In the result, the two appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 1. ......tion of the Tariff Commission established under the Bangladesh Tariff Commission Act, 1992 (Act No. XLIII of 1992). The presence of as Tariff Commission in the high-powered committee has vitiated the proceeding of the committee. Dr. Kamal Hossain relies upon the decision in the Phassco Hardware Comp..Category: Business or Commercial Law | Date: | Hits: 165
Ansarul Haque Vs. Abdur Rahim and 4 others, 1997, 26 CLC (AD)
....ce of the informant-petitioner is from judgment and order dated 2nd May, 1995 passed by a Division Bench of the High Court Division making the Rule absolute in Criminal Revision No. 965 of 1991 and quashing the proceeding in GR Case No. 678 of 1984 of the Court of Metropolitan Magistrate, Dhaka.......rmant-petitioner is from judgment and order dated 2nd May, 1995 passed by a Division Bench of the High Court Division making the Rule absolute in Criminal Revision No. 965 of 1991 and quashing the proceeding in GR Case No. 678 of 1984 of the Court of Metropolitan Magistrate, Dhaka. ..Category: Criminal Law | Date: | Hits: 93
Abdur Rahman (Md) Vs. Md. Iqbal Ahmed and others, 1997, 26 CLC (AD)
....e benefits of the decree obtained after protracted litigation. The petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 142 ......ion of kabala as the attorney of defendant Nos. 1-7. The decree having been passed against him only as attorney for defendant Nos. 1-7 who were themselves parties both to the suit and the execution proceeding nothing devolved on his heirs after his Therefore the execution case cannot fail for im..Category: Property Law | Date: | Hits: 84
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