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Abul Bashar and another Vs. Hasanuddin Ahmed and ors., 1999, 28 CLC (AD)
.... proceedings. The impugned judgment does not warrant any interference. All the 3 leave petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 14. ...... proceedings. The impugned judgment does not warrant any interference. All the 3 leave petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 14. ...... All the 3 leave petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 14. ...... proceedings. The impugned judgment does not warrant any interference. All the 3 leave petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 14. ..Category: Criminal Law | Date: | Hits: 68
Mostafizur Rahman Vs. BD, represented by Sec., Min. of Home Affairs & anr, 1999, 28 CLC (AD)
....s on bail. This appeal has, therefore, no bearing on the release of the erstwhile detenu but seeks to settle some principles and law relating to preventive detention which are alleged to have been wrongly decided in the majority judgments. 7. Leave was granted to consi......ds and is, accordingly, allowed. There will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 1. ......u Bikash Roy Choudhury J Mostafizur Rahman...........Appellant Vs. Bangladesh, represented by the Secretary Ministry of Home Affairs and another……. Respondents Ju......ds and is, accordingly, allowed. There will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 1. ..Category: Constitutional Law | Date: | Hits: 191
Bangladesh Vs. Shirely Anny Ansari, 2000, 29 CLC (AD)
.... an alleged gift failed to prove that there was actually a valid gift and the deed of gift has been acted upon. He further submits that the High Court Division while disposing of the writ petition wrongly observed that as the deed of gift is a registered one it has a presumptive value as regards......gh Court Division in Writ Petition No. 7756 of 1997 is hereby set aside and that of the Court of Settlement restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 180. ...... This Case is also Reported in: 52 DLR (AD) (2000) 180. ......gh Court Division in Writ Petition No. 7756 of 1997 is hereby set aside and that of the Court of Settlement restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 180. ..Category: Property Law | Date: | Hits: 64
Zenith Packages Limited Vs. Member Labour Appellate Tribunal Dhaka and others, 2000, 29 CLC (AD)
....etation Case No. 30 of 1998 filed under Section 50 of the Industrial Relations Ordinance, 1969. 2. This petition is founded on the grounds: that while refusing to grant leave this Division wrongly relied upon the observations made in the cases of the Life Insurance Corporation of India ......e reason as given by us, find any reason to admit this petition for review. The review petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 160. ...... Supreme Court Appellate Division (Civil) Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Mahmudul Amin Choudhury J Zenith Packages Limited ……………….Petit......e reason as given by us, find any reason to admit this petition for review. The review petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 160. ..Category: Labour and Industrial Law | Date: | Hits: 127
Bangladesh and others Vs. Mizanur Rahman, 2000, 29 CLC (AD)
....preciate the ratio decidendi of the aforecited decision in 48 DLR (AD) 199 . 6. Leave was also granted to consider that section 33 of the Customs Act provides for remedy of refund of duty wrongly realised from the importer. The respondent did not avail of this remedy which is equally ef......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. ...... Supreme Court Appellate Division (Civil) Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Mahmudul Amin Chowdhury J Kazi Ebadul Hoque J Bangladesh and others................ Appellants ......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. ..Category: Fiscal/Taxation Law | Date: | Hits: 94
Abdul Khaleque (Md) Vs. Sec, Ministry of Law, Justice and Parliamentary Affairs, 2000, 29 CLC (AD)
....nue in the up-graded post till the framing of the Recruitment Rules on 5-9-90 and, as such, there was no scope of consultation with the Public Service Commission. The Administrative Tribunal wrongly held that the Government ought to have consulted with the Public Service Commission before ...... 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. ...... Abdul Khaleque (Md)………………………….. Petitioner Vs. Secretary, Ministry of Law, Justice and Parliamentary Affairs, Government of the People’s Republic of Ban...... 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. ..Category: Administrative Law | Date: | Hits: 125
Billal Vs. State, 2000, 29 CLC (AD)
....of the said Code. But the sentence as awarded shall remain unaltered. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 143. ......ons have been falsely implicated in the case. 4. Prosecution examined 6 PWs including the informant and the investigating officer Accused Saiful Islam made confessional statement which was recorded by a Magistrate 1st Class consideration of the evidence on record trial Court convicted th...... In the result, the appeal is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 143. ......of the said Code. But the sentence as awarded shall remain unaltered. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 143. ..Category: Criminal Law | Date: | Hits: 58
Syed Jahangir Hossain Vs. Md. Moyenuddin and others, 2000, 29 CLC (AD)
....d to obtain requisite qualification for valid appointment as a Lecturer in Economics in the said College.” “That the learned Single Judge of the High Court Division acted wrongly in setting aside the judgment of the lower appellate Court which arrived at findings on ......de above we find no merit in this appeal. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 140. ...... is also Reported in: 52 DLR (AD) (2000) 140. ......de above we find no merit in this appeal. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 140. ..Category: Others | Date: | Hits: 84
Asmat Ali Vs. Abdur Rafique Mridha and others, 2000, 29 CLC (AD)
.... filed within 60 years from the date of accrual of cause of action the learned Single Judge correctly held that the suit is barred by limitation. (3) Whether the learned Single Judge acted wrongly in reversing the concurrent findings of fact of the courts below to the effect that the de......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. ...... (Civil) Present : Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Mahmudul Amin Choudhury J Asmat Ali………………&hel......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. ..Category: Property Law | Date: | Hits: 64
Abdus Samad & ors Vs. Dt. Com. & Custodian of Vested Pty & Non-Res Pty, 2000, 29 CLC (AD)
....ision of the High Court Division. The petition is devoid of any force and the same is accordingly dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 120. ...... lower appellate Court’s decree that of the trial Court was restored, dismissing the plaintiffs’ suit. 2. The dispute in this case relates to a pond comprising 0.32 acre of land recorded in CS Plot No. 2495. It originally belonged to Govinda Chandra Datta and others who had le...... Appellate Division (Civil) Present: Mustafa Kamal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Mahmudul Amin Choudhury J Abdus Samad (Md) and others……………….......ision of the High Court Division. The petition is devoid of any force and the same is accordingly dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 120. ..Category: Property Law | Date: | Hits: 59
Abdul Hashem (Md) @ Bachchu Fakir and others Vs. State, 2000, 29 CLC (AD)
....n and sentence is based on other sufficient and reliable legal evidence on record. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 117. ......ged between 20 and 35 years. The police investigated the case and the accused- petitioners including others were arrested by the Mirpur Police on 2-5-89 and were produced before the Magistrate who recorded their confessional statements and remanded them to police custody for Test Identification ......cord. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 117. ......n and sentence is based on other sufficient and reliable legal evidence on record. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 117. ..Category: Criminal Law | Date: | Hits: 64
Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)
....awful authority. Fourthly, upon a complete misinterpretation of the provisions of the Constitutional and its scheme as made explicit in Parts VI and IX of the Constitution the High Court Division wrongly held that the inclusion of Judicial officers in the Bangladesh Civil Service (Re-organisatio......onduct which has led to his conviction in a criminal offence; or (ii) where the authority empowered dismiss or remove a person or to reduce him in rank is satisfied that, for a reason recorded by that authority in writing, it is not reasonably practicable to give that person an o......is also Reported in: 52 DLR (AD) (2000) 82. ......ndence for effective and meaningful discharge of its constitutional functions. For the above reasons, I concur with the judgment. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 82. ..Category: Constitutional Law | Date: | Hits: 829
Islami Bank Bangladesh Limited Vs. Al-Haj Md Shafiuddin Howlader& another, 2000, 29 CLC (AD)
....alat was set aside. 9. Appellant obtained leave against the said judgment to consider the submission that the High Court Division upon a misconception of the relevant provisions of the Act wrongly held that the provision of Order 9 rule 9 CPC is not applicable in a proceeding under the A......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. ......; Islami Bank Bangladesh Limited………………….Appellant Vs. Al-Haj Md Shafiuddin Howlader& another……………...Respondent Judgment Fe......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. ..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. ......rl Lata Rani Saha and accused respondent No.1 Khondaker Zayedul Hoque were arrested by the police and produced before the learned Magistrate Narayangonj on 6-10-97. The statement of the victim was recorded under section 164 of the Code of Criminal Procedure and she was remanded to (safe) custody...... the result, the appeal is allowed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 66. ......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. ..Category: Criminal Law | Date: | Hits: 48
Nur Israil Talukder (Md) Vs. State, 2000, 29 CLC (AD)
....t Division are set aside and further proceedings of the case stand stopped and the accused appellant stands released. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 51. ...... of which is deemed to be continuing at the date of commencement of this Act under clause (a) shall, if in custody, be released on bail to the satisfaction of the court unless for reasons to be recorded in writing the court otherwise directs. 6. Section 5 of the Code of Cr......nd the accused appellant stands released. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 51. ......t Division are set aside and further proceedings of the case stand stopped and the accused appellant stands released. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 51. ..Category: Criminal Law | Date: | Hits: 59
Mahbubul Haque (Md.) Vs. Md. A Kader Munshi, 2000, 29 CLC (AD)
....s, inter alia, that the suit property originally belonged to plaintiffs predecessors Boni Amin and Arab Ali who were the recorded tenants in the CS Khatian and major part of the suit land having been wrongly recorded in the name of defendant’s predecessor Wazid Ali Zamaddar plaintiff filed Title S......d, having no legal existence and not binding upon the plaintiff on the averments, inter alia, that the suit property originally belonged to plaintiffs predecessors Boni Amin and Arab Ali who were the recorded tenants in the CS Khatian and major part of the suit land having been wrongly recorded in t......il Revision No. 4687 of 1999, Here. Supreme Court Appellate Division (Civil) Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Mahbubul Haque (Md.)………………. Defendant No.1-......ce to agitate the questions at the time of trial of the suit the petition merits no consideration. The leave petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 49...Category: Civil Law | Date: | Hits: 142
Bangladesh Vs. East West Property Development Private Ltd. & others, 2000, 29 CLC (AD)
.....75 acres of land. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 43. ......ere possessing their purchased portion of the suit properties as owners and paying rent to the Government. In 1987 the writ-petitioner-respondent purchased 47.75 acres of land from the various S.A recorded owners and had established a Housing Estate known as Bashundhara which is in a development...... .......75 acres of land. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 43. ..Category: Constitutional Law | Date: | Hits: 164
Shafiuddin Chowdhury (Md) Vs. Md. Abdul Karim and others, 2000, 29 CLC (AD)
.... on the ground of co-sharer ship. 11. Mr. Khandker Mahbubuddin Ahmed, learned Advocate appearing for the pre-emptee appellant, submitted that the appellate Court as the High Court Division wrongly considered pre-emptor respondent No. 1 was a co-sharer in the suit land without considering...... 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. ......41. ...... 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. ..Category: Property Law | Date: | Hits: 57
Category: Labour and Industrial Law | Date: | Hits: 163
Narayan Chandra Das and others Vs. Abdur Jabbar Dewan and others, 2000, 29 CLC (AD)
.... the petitioner is a good point for granting lease, the petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 35. ......ate Court also did not discuss the oral evidence on record. The suit was dismissed only on the ground that the plaintiffs filed the suit long after the period of limitation after the suit land was recorded in the name of the defendants. Had the question of possession been considered by the two C...... others ………….. Respondents Judgment August 23, 1998. The Constitution of Bangladesh, 1972, Article 103(3) Consideration of evidence afresh on a point missed by the petitioner is not a good point for granting leave……..(4) ...... the petitioner is a good point for granting lease, the petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 35. ..Category: Property Law | Date: | Hits: 73