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Abdus Sobhan Vs. Anwar Rahim & others, 2001, 30 CLC (AD)
....for our interference. There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 110. ......for our interference. There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 110. ......ision (Civil) Present: Bimalendu Bikash Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Abdus Sobhan........for our interference. There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 110. ..Category: Property Law | Date: | Hits: 74
Habibur Rahman Khan (Md) Vs. Bangladesh, represented by the Secretary & other, 2001, 30 CLC (AD)
....iculation Certificate. 5. The submission for leave has no merit. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 105. ......employer to look into the personal record of the declarant to see if the declaration made in the verification roll is correct or not. The petitioner having failed to prove that his date of birth as recorded in the Matriculation Certificate was wrong the High Court Division rightly held that the p......s also Reported in: 53 DLR (AD) (2001) 105. ......iculation Certificate. 5. The submission for leave has no merit. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 105. ..Category: Employment/Service Law | Date: | Hits: 71
Mozibur Rahman Moznu (Md) Vs. Abdul Halim and others, 2001, 30 CLC (AD)
....atter which is contrary to the law declared by the Appellate Division in the case of AFM Shah Alam reported in 41 DLR (AD) 68, that even rule 39(4) of the Union Parishad (Election) Rules, 1983 was wrongly construed by the High Court Division in holding that the provision of sub- rule (4) of rule......ent and order of the Court Division is set aside and the writ is recalled. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 93. ......ase is also Reported in: 53 DLR (AD) (2001) 93. ......ent and order of the Court Division is set aside and the writ is recalled. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 93. ..Category: Election Law | Date: | Hits: 124
Category: Civil Law | Date: | Hits: 109
Motasim Ali Chowdhury Vs. Md. Ismail, 2001, 30 CLC (AD)
....es on the boundary given in the kabala. 11. Thus, in the facts and circumstances of the case the learned Judge of the High Court Division has rightly held that the trial Judge wrongly allowed the amendment in question to the great prejudice of the defendant. ......essing only 0.19 acres. Since 1968 the defendant had been possessing 5 decimals of land on the extreme western portion of the suit plot on the basis of two registered kabalas and the same has been recorded in his name in SA Plot No.1. He further denied that the western boundary of the suit plot ......Judgment December 10, 1996. The Code of Civil Procedure, 1908 (V of 1908), Order VI rule 17 Though amendment of the pleadings of the parties can be allowed at any stage of the proceedings which may be necessary for deter...... appeal. Accordingly, it is dismissed with cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 74. ..Category: Property Law | Date: | Hits: 58
Monir Ahmed and ors. Vs. Forest Research Institute, Chittagong and ors. 2001, 30 CLC (AD)
.... The leave petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 68. ......ot from Md. Islam or his transferees and thus they claimed that they were in possession of 4.84 acres of land out of 7.80 acres. During the revisional settlement operation the said land was wrong! recorded in the name of Forest Department; that by notification dated 14 published in Calcutta Gaze......sp; Mainur Reza Chowdhury J &...... The leave petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 68. ..Category: Property Law | Date: | Hits: 80
Abdul Alim Vs. State and others, 2001, 30 CLC (AD)
....party. The Petition is, therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 64. ......ing. 2. The short facts of the case are that, the respondent No. 2 the informant first party Mr. Azizur Rahman, Sub-Inspector of Police, Motijheel Police Station on 12-11-1997 recorded a General Diary of Entry No. 1100 and after investigation of the matter submitted Motijhee...... Ed. This Case is also Reported in: 53 DLR (AD) (2001) 64. ......party. The Petition is, therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 64. ..Category: Criminal Law | Date: | Hits: 62
Moyenuddin Torafdar (Md) & others Vs. Tamijuddin Milky and others, 2001, 30 CLC (AD)
.... the submission. The leave petitioner is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 49 ...... the submission. The leave petitioner is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 49 ......e Court Appellate Division (Civil) Present: Bimalendu Bikash Roy Choudhury J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Moyenuddin Torafdar ...... the submission. The leave petitioner is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 49 ..Category: Property Law | Date: | Hits: 49
DG, Prisons & others Vs. Md. Nasim Uddin, 2001, 30 CLC (AD)
....out request helped this Division in the proper disposal of this matter. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 30. ...... Code wherein there is no scope for issuance of a second show cause notice this has not in any way prejudiced the defence. But the Tribunal found that the Deputy Inspector General of Prison has not recorded any reason for not issuing a second show cause notice thereby violated the constitutional......bsp; Mahmudul Amin Choudhury J &n......out request helped this Division in the proper disposal of this matter. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 30. ..Category: Administrative Law | Date: | Hits: 137
GM, Jamuna Oil Company Ltd. Vs. Chairman, Labour Court, 2001, 30 CLC (AD)
.... of 1908), Order XLVII rule I What the petitioner failed to get in the appeal after a full-fledged argument can not be obtained in a review petition. Reconsideration of points wrongly or rightly considered in an appeal decided by this Division without betraying apparent erro......ation. The petitioners are dismissed by this judgment. Ed. This Case is also Reported in: 53 DLR (AD) (2001)28. ......bsp; Mahmudul Amin Choudhury J &n......ation. The petitioners are dismissed by this judgment. Ed. This Case is also Reported in: 53 DLR (AD) (2001)28. ..Category: Labour and Industrial Law | Date: | Hits: 128
Government of Bangladesh Vs. Chairman, Court of Settlement and others, 2001, 30 CLC (AD)
.... The Constitution of Bangladesh, 1972, Article 104 The government admitted the property in question not being abandoned property and that has been wrongly included in the ‘ka’ list of abandoned buildings and justice having been done q......imitations. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 26. ...... (Civil) Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Governmen......imitations. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 26. ..Category: Property Law | Date: | Hits: 61
Board of Intermediate & Secondary Education Vs. Md. Mirajul Alam, 1995, 24 CLC (AD)
.... by Memo dated 17.1.94 the petitioner No. 2 conveyed the, decision of the Examination Committee that his result remained unchanged after scrutiny. The letter did not reach the respondent as it was wrongly addressed to one "Sirajul Alam", whereas the respondent's name is "Mirajul A......dvanced by Mr. Majumder. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 41, 47 DLR (AD) (1995) 167 ......6, 41, 47 DLR (AD) (1995) 167 ......dvanced by Mr. Majumder. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 41, 47 DLR (AD) (1995) 167 ..Category: Constitutional Law | Date: | Hits: 182
Category: Property Law | Date: | Hits: 46
Shahana Hossain Vs. AKM Asaduzzaman, 1995, 24 CLC (AD)
....y illegally refused restitution of the suit property to the appellant which she is entitled to get back under the law, 5. It may be stated that the learned Judges of the High Court Division wrongly used the words "for doing complete justice" between the parties. Under ‑th...... Division is set aside. The appellant is entitled to restitution in view of the disposal of the Miscellaneous Case by us. Ed. This case is also reported in: 47 DLR (AD) (1995) 155 ......orted in: 47 DLR (AD) (1995) 155 ...... Division is set aside. The appellant is entitled to restitution in view of the disposal of the Miscellaneous Case by us. Ed. This case is also reported in: 47 DLR (AD) (1995) 155 ..Category: Property Law | Date: | Hits: 68
Superintending Engineer and others Vs. Kazi Asaduzzaman and others, 1995, 24 CLC (AD)
....erefore find that the High Court Division did not apply its mind as to the facts of the case and the interpretation and applicability of the 1976 Rules. 15. The trial Court in a similar vein wrongly held that the impugned order of discharge from service, which was sent to the recorded addr......duties. He was directed to join his duties several times but he did not care. At last a show cause notice was issued after drawing up a proceeding against him. The notice was sent to his permanent recorded address kept in the department. He did not reply to the charges. The ground of his illness......ivision (Civil) Present: ATM Afzal J Mustafa Kamal J Latifur Rahman J Judgment: April 6th, 1995. Superintending Engineer and others....................Appellants &n......sons the impugned judgment and order of the High Court Division cannot be sustained. The appeal is allowed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 152 ..Category: Property Law | Date: | Hits: 124
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. ...... him as well. Thereafter he became senseless and he regained his senses at the Dhaka Medical College Hospital. In cross‑examination he stated that he was taken from the hospital to a Magistrate who recorded his statement. He also stated that the police recorded his statement 9/10 days after the oc......ved beyond the shadow of reasonable doubt. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 149. ......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. ..Category: Criminal Law | Date: | Hits: 49
Director (Est. & Admin.) T & T Board, Tele Com Building Vs. Hasan Ahmed & anr, 1995, 24 CLC (AD)
.... that the Appellate Tribunal after proper scrutiny of the records, came to the conclusion that the reply of the respondent No.1 to the first charge had no incriminating ingredient and the Tribunal wrongly found the same to be an admission of the respondent No. 1 of the first charge. 10. ...... enquiry report that the respondent No.1 was present during the enquiry wherein he admitted the enquiry officer to be an impartial one. All answers to the questions put by the enquiry officer were recorded in the report. From the report it appears that 14 witnesses were examined including 4 addu......995) 143 ......jurisdiction in setting aside the findings of the Tribunal. 13. In the result, the appeal is allowed with costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 143 ..Category: Administrative Law | Date: | Hits: 138
Special Reference No. 1 of 1995, 24 CLC (AD)
.... Mohammad Ismailuddin Sarker J. - I am in complete agreement with the learned Chief Justice and I have nothing more to add. Ed. This Reference is also Reported in: 47 DLR (AD) (1995) 111. ......responsible for prolonging and thereby adding to the "political crisis" by consuming a long time over the hearing, we decided to hear the matter with all expedition. 6. Accordingly, on the 6th we recorded the following order in presence of the learned Attorney-General, Mr. Aminul Huq, since de......ed in: 47 DLR (AD) (1995) 111. ...... Mohammad Ismailuddin Sarker J. - I am in complete agreement with the learned Chief Justice and I have nothing more to add. Ed. This Reference is also Reported in: 47 DLR (AD) (1995) 111. ..Category: Constitutional Law | Date: | Hits: 248
Golam Rahman Vs. Hazera Khatun, 1995, 24 CLC (AD)
....ter amending the plaint and adducing fresh evidence when the learned Judge himself found that the plaintiff had nowhere made out any case of adverse possession and further that the appellate Court wrongly decreed the suit upon finding adverse possession and thereby illegally gave the plaintiff a......r is set aside and the appeal is allowed without any order as to costs. The suit is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 211, 47 DLR (AD) (1995) 108 ........Respondent Judgment March 21, 1995. Lawyers Involved: Abul Quasem, Advocate‑on‑Record ‑ For the Appellant. Md. Fazlul Karim, Senior Advocate, instructed by Md. Aftab Hossain, Advocate‑on‑Record‑For the Respondent. Civ......r is set aside and the appeal is allowed without any order as to costs. The suit is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 211, 47 DLR (AD) (1995) 108 ..Category: Property Law | Date: | Hits: 47
Abdul Munern Chowdhury @ Momen Vs. State, 1995, 24 CLC (AD)
.... by the impugned order dated 4 December 1994. 2. Mr. AKM Foiz, learned Advocate for the petitioner appearing with the leave of the Court, submits that the application of the petitioner was wrongly rejected ignoring the age of the petitioner as entered in the registration card produced b....... 5. There is thus absolutely no reason to interfere in this matter. The petition is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 96 ......rfere in this matter. The petition is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 96 ....... 5. There is thus absolutely no reason to interfere in this matter. The petition is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 96 ..Category: Criminal Law | Date: | Hits: 66