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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. ......ase No.396 of 1989 under section 4(2) of the Administrative Tribunals Act, 1980, for declaration of the said order of dismissal from service as illegal, alleging, inter alia, that the disciplinary proceeding against him was not lawful and that he was not given proper opportunity to defend himsel..Category: Administrative Law | Date: | Hits: 133
Government of Bangladesh and another Vs. Mashiur Rahman and others, 1998, 27 CLC (AD)
....udge, 1st Court. Dhaka is allowed and Title Suit No.142 of 1986 is restored to its original file and number. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 205. ......dgment June 4, 1997. The Code of Civil Procedure, 1908 (V of 1908), Or. IX r. 13 It is a cardinal principle of administration of justice that no result of any judicial proceeding should be allowed to receive judicial approval from any court of law whenever it is obta..Category: Property Law | Date: | Hits: 76
Bangladesh Vs. AKM Yousuf Mia & others, 1998, 27 CLC (AD)
....trative Appellate Tribunal is set aside and that of the Administrative Tribunal is restored. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 200; II ADC (2005) 520. ......ative Tribunals Act, 1980 (V of 1981), Section 4(2) In the absence of any legal bar either by express provision or under necessary implication under any law or rules, initiation of a second proceeding when the first one ended on a mere technicality owing to efflux of time, without any fa..Category: Administrative Law | Date: | Hits: 119
Bangladesh Krishi Bank Vs. Meghna Enterprises and another, 1998, 27 CLC (AD)
....ourt Division is not sustainable in law. Consequently, both the appeals are allowed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 194; 52 DLR (AD) (2000) 57. ......nd also prayed for one month’s time. But that prayer was not allowed by the General Certificate Officer. Hence, these two writ petitions were filed by the company challenging the certificate proceedings taken by the appellant-Bank. 3. The case was contested by Bangladesh Krishi Bank..Category: Business or Commercial Law | Date: | Hits: 150
.... Court Division rejecting Criminal Reference Nos. 1-3 of 1997 made by the Sessions Judge, Dhaka by his 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 ......rejecting Criminal Reference Nos. 1-3 of 1997 made by the Sessions Judge, Dhaka by his 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 Metropolit..
Category: Business or Commercial Law | Date: | Hits: 163
Abdus Sattar Vs. State and another , 1998, 27 CLC (AD)
....n has rightly refused the prayer for quashment of the proceeding. The petition is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 187. ......nbsp; Bimalendu Bikash Roy Choudhury J.- The accused-petitioner’s application, Criminal Misc. Case No.4924 of 1997, for quashment of the proceeding in CR Case No.65 of 1997 under sections 323/417/418/419/420/406/348/109 of the Penal Cod..Category: Criminal Law | Date: | Hits: 79
Rafique (Md) Vs. Syed Morshed Hossain and another, 1998, 27 CLC (AD)
....This petition for leave by the informant-petitioner is from the judgment and order dated 2-1-96 of a Division Bench of the High Court Division passed in Criminal Miscellaneous Case No. 1505 of 1996 quashing the proceeding taken against respondent No. 1 in GR Case No. 1857 of 1994 of the Court of ......ndent never denied to repay the balance amount to the petitioner. No allegation of initial deception has been alleged in the F.I.R. The learned Judges of the High Court Division rightly quashed the proceeding……………………(5) Lawyers Involve..Category: Criminal Law | Date: | Hits: 88
Niman Ali Vs. Ramizuddin and another, 1998, 27 CLC (AD)
....essions Judge, affirmed by the High Court Division, calls for our interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 162. ...... of 1898), Section 540 Even though a gazette notification was published showing the accused as absconder there is no materials on record to find that the accused had any knowledge about the proceeding because of the fact that at the relevant time he was living abroad. So the learned Addit..Category: Criminal Law | Date: | Hits: 73
Bangladesh Vs. Mahbubuddin Ahmed, 1998, 27 CLC (AD)
....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. ......e Establishment Division but he was not allowed to join and was informed by the Ministry that he was suspended from service by a Memo. dated 20-3-76 which was unknown hithertofore. No departmental proceeding was drawn up against him. On 4-1-87 a Memo. under the signature of Deputy Secretary, Est..Category: Administrative Law | Date: | Hits: 125
Sunil Chandra Mondal and others Vs. Narayan Chandra Shil & others, 1996, 25 CLC (AD)
.... High Court Division was far from justified in upholding the order of amendment. The appeal is, accordingly, allowed with cost. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 148. ......ed to consider, as indicated in the beginning, whether the amendment of the plaint was rightly allowed in the facts and circumstances of the case. 6. It is true that court may at any stage of the proceeding allow a party to alter or amend his pleading in such manner and on such terms as may be j..Category: Procedural Law | Date: | Hits: 149
Frank Shipping Limited Vs. Government of the People’s Republic of Bangladesh, 1997, 26 CLC (AD)
....subjugated to the private interest of the writ petitioner. No such case has been made out anywhere. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 140. ......t petitioner to appear and ought not to have disposed of the application on hearing only the respondents. 5. We find considerable merit in the second submission of Mr. Ahmed and do hope that in a proceeding of this kind some priority will be maintained so that such grievances may not come to our..Category: Others | Date: | Hits: 113
....erit of reminding an old wisdom of joining even unfriendly hands for protecting a common inheritance.
The petition is dismissed.
Ed.
This Case is also Reported in: 50 DLR (AD) (1998) 138.......f 1998
(From the judgment and order dated May 5 passed by the High Court Division, Dhaka in FMA No. 1998).
Judgment
ATM Afzal CJ.- This petition by defendant Nos.2 and 3 arises Out of a proceeding for temporary injunction in the Suit No.29 of 1997 of the First Court of Subordinate Judg..
Category: Business or Commercial Law | Date: | Hits: 121
Commissioner of Customs, Chittagong Vs. Giasuddin Chowdhury and another, 1998, 27 CLC (AD)
....pon furnishing a proper bank guarantee for the balance as already assessed by the Customs Authority on the respondent. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 129. ......rations, interim order should not be made when it causes administrative burdensome inconvenience or deadlock or bottleneck, impedes or prevents assessment or collection of public revenue, stays the proceedings of inferior tribunals impeding its progress when speedy trial is the object of establi..Category: Criminal Law | Date: | Hits: 119
Subash Chandra Das & ors Vs. Bangladesh, 1994, 23 CLC (AD)
....in that behalf to determine as to whether the proceeding stood abated under section 12. For the reasons, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 106.......movable Property Ordinance, 1982 (No. II of 1982), briefly the Ordinance. 3. The High Court Division by order dated 28th November, 1991 allowed the Writ petition declaring “That the acquisition proceedings stand abated” on the ground that the compensation money was not deposited within the r..Category: Property Law | Date: | Hits: 89
Chalna Marine Products Ltd. Vs. Reliance Insurance Ltd. and others, 1997, 28 CLC (AD)
....e judgment and decree of the trial Court is restored. Civil Petition for Leave to Appeal No.236 of 1997 is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 100. ......but wrongly calculated 55% of 4232 of master cartons which does not cover 55% of the total stock, but only 55% of the amount claimed in the suit .The learned Judges of the High Court Division were proceeding under assumption that the claim amount represented the price of the total stock and cons..Category: Business or Commercial Law | Date: | Hits: 147
Shahajadpur Central Co-operative Bank Ltd. Vs. Majibur Rahman and others, 1997, 26 CLC (AD)
....laintiff’s application for amendment of the plaint is allowed. The trial Court shall proceed with the suit in accordance with law. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 86. ......………….Respondents Judgment November 17, 1997. Result: The appeal is allowed. The Code of Civil Procedure, 1908 (V of 1908), Order VI Rule 17 The Court at any stage of the proceedings may allow either party to alter or amend his pleadings as may be just and necessary for ..Category: Property Law | Date: | Hits: 83
Moulvi Md Khurshid Alam Vs. Bangladesh, 1997, 26 CLC (AD)
....vernment’s powers under section 4 of the Act is concerned. This petition, thus, merits little consideration. It is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 82. ...... Miah then submits that curtailment of Amjadhat Union from the nikah registration area of the petitioner has, in fact, revoked his licence so far as Amjadhat Union is concerned without drawing up any proceeding contemplated under Rule 8 thereof and, as such, the learned Judges of the High Court Divi..Category: Employment/Service Law | Date: | Hits: 137
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. ...... the judgment and order dated 23 February 1995 of the Administrative Appellate Tribunal passed in Appeal Nos.58 of 1990 and 3 of 1991. 2. It arises in the following circumstances. A departmental proceeding was started against respondent No.1 AM Monsur Ahmed by his authority when he held the pos..Category: Administrative Law | Date: | Hits: 145
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. ...... alleged or that the custody of the children by the father was without lawful authority or that they were being detained in an unlawful manner and further without court that there was a guardianship proceeding pending in the Family Court in respect of the said minors. 18. Khandker Mahbubuddin A..Category: Family Law | Date: | Hits: 250
Bangladesh Bar Council Vs. Khawja Abdul Gani and another, 1997, 26 CLC (AD)
....ent case, although offence of this nature is not compoundable. Consequently, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 18. ......quate in the facts of the present case. 9. The Tribunal found the appellant guilty of all the three complaints, namely, (1) Legal charges of Taka 2,38,000.00 is disproportionate in a simple legal proceeding; (2) Exhibits 3, 3(1), 3(2) and 4 show that respondent No. 1 filed hajira and petition in..Category: Others | Date: | Hits: 105
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