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Bangabir Kader Siddiqui, Bir Uttam Vs. Government of Bangladesh, 2002, 31 CLC (AD)
.... of the parliament belonging to the ruling party and the Government servants in breach of Article 86 of Presidents Order 155 of 1972 took up their residence in the constituency 15 days prior to the holding of by- election and manifestly misused their official position to influence the result of ......sp; Bangabir Kader Siddiqui, Bir Uttam ………….……………. Petitioner Vs. Government Bangladesh represented by the Secretary Ministry of Law & others… ...…R..Category: Election Law | Date: | Hits: 158
BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)
....ve to Appeal No.375 of 2000 and Mr Rokanuddin Mahmud in Civil Petition for Leave to Appeal No.441 of 2000 leave was granted in the following terms: (i) The High Court Division erred in holding that for a society registered under the SRA 1860 to start a commercial enterprise like a b...... with the SRA 1860. Their objection is that the writ petition as filed is not maintainable on the ground of locas standi to the petitioner to file the writ petition and laches as it was filed after over eight months of issuance of the alleged impugned order and after seven months of the date of t..Category: Constitutional Law | Date: | Hits: 199
Akbar Hossain (Md) Vs. MD, Agrani Bank and others, 2002, 31 CLC (AD)
....oner moved this Court with this petition. 4. Mr. Moksudur Rahman, learned Counsel appearing for the petitioner, submitted that the High Court Division erred in law in not holding that whether the error crept through Court’s oversight or counsel mistake if it is ap......; 4. Mr. Moksudur Rahman, learned Counsel appearing for the petitioner, submitted that the High Court Division erred in law in not holding that whether the error crept through Court’s oversight or counsel mistake if it is apparent on the face of the record it could be cured without ..Category: Employment/Service Law | Date: | Hits: 83
Khairullah (Md) Vs. ADC (Revenue) and another, 2001, 30 CLC (AD)
.... High Court Division by judgment dated 26-6-1997 condoned the delay. 6. We have gone through the judgment of the High Court Division and it appears that the High Court Division condoned the delay holding that there was no negligence on the part of the Government-respondent but it was due to the ......Act, 1908 (IX of 1908) Section 5 Condonation of delay under section 5 of the Limitation Act is a highly discretionary matter and the High Court Division exercised the discretion in favour of the Government respondent so the Appellate Division has nothing to interfere. Lawyers Involved: ..Category: Procedural Law | Date: | Hits: 121
S. M. Iqbal Hossain Vs. Managing Director, I F I C Bank Ltd., 2006, 35 CLC (AD)
....reducing him to the lowest stage in the time scale. Against the judgment of the AAT the Agrani Bank moved the Appellate Division. The Appellate Division after hearing the parties allowed the appeal holding, inter alia- 10. It may be mentioned the AAT while observing "the order......it appears that all the necessary legal formalities were complied with by the petitioner Bank in respect of the departmental proceeding initiated against the plaintiff opposite party No. 1. Moreover, in his deposition, the plaintiff opposite party No.1 admitted his negligence. On the face of..Category: Employment/Service Law | Date: | Hits: 78
Md. Marfat Ali Miah Vs. Sree Jagadish Chandra Sheel and others, 2006, 35 CLC (AD)
....CR (HCD), 43. 16. In the reported case in a certificate proceeding property belonging to the member of the Hindu community was sold and after 5 years, as it appears, a tenant of the holding approached the Revenue authority for setting aside the auction sale and the applicatio......e door of the Plaintiff in the present case to file and maintain the suit……………….(33 & 34) If an immovable property is acquired validly by the Government the plea of non using it by the requiring body for the purpose for which it was acquired ..Category: Civil Law | Date: | Hits: 77
Government of Bangladesh and others Vs. Md. Shahjahan Gazi, 2006, 35 CLC (AD)
....ality and as such he is not to cancel the License No. 7/84 at least till the conclusion of the aforesaid case; that the writ-petitioner suddenly got a notice under the impugned memo dated 8-4-1990 holding that the authority did not find the reply satisfactory and as such cancelled the Licence No......ismissed. Ed. ..Category: Criminal Law | Date: | Hits: 42
Government of Bangladesh and others Vs. A.K.M. Fazlul Haque, 2006, 35 CLC (AD)
....vernment invoking the provision of Rule 11 (3) of the Government Servant's (Discipline and Appeal) Rules 1985 placed the respondent under suspension and commenced a fresh proceeding with a view to holding an inquiry on the charges as per Government order as contained in Memo dated 11.11.1999, wh......as to cost. Ed. ..Category: Administrative Law | Date: | Hits: 124
Md. Ashaduzzaman Vs. Bangladesh, 2006, 35 CLC (AD)
....passed by a Division Bench of the High Court Division in Writ Petition No. 3179 of 2005 summarily rejecting the writ petition. 2. The writ petitioner filed the Writ Petition challenging the holding of office of Chairman, Jhalakati Pourashava by Respondent No.4 on the grounds, inter alia, ...... Husain CJ MM Ruhul Amin J Amirul Kabir Chowdhury J Md. Ashaduzzaman................ Petitioner. Vs. Bangladesh, representedby the Secretary, Ministry of local Government, Engineering and Rural Development Bangladesh, Secretariat, Ramna, Dhaka and others&helli..Category: Election Law | Date: | Hits: 120
Md. Habibur Rahman Vs. M/S. Uttara Bank Ltd., 2005, 34 CLC (AD)
....he judgment-debtor is to file the suit seeking setting aside the decree passed in the previous suit in the jurisdiction of the Court which passed the decree. The proposition of law as stated above is holding the field from long back, at least from 1902. The suit by the appellant having not been file......s not legally sound since evidence as regard the case of the parties would easily, readily, timely and conveniently be available at the place where the goods was delivered i.e. at the port city. Moreover cause of action wholly arose where the goods said to have been delivered after inordinate delay..Category: Civil Law | Date: | Hits: 130
Al-haj Mohammad Seraj-ud-Dowla and others Vs. The Secretary, Ministry of works, 2006, 35 CLC (AD)
.... 1992 in the Court of Assistant Judge, 4th Court, Dhaka on 11-7-1992 against the present respondent for a declaration that the tender accepted by the defendant-respondent on 28-5-1985 in respect of holding No. 68, Motijheel Commercial Area, Dhaka from Mr. Altaf Hossain is illegal, collusive and v......e Suit No.7 of 1994. 3. The plaintiff-petitioner's case in shot is that the property of 68, Motijheel Commercial Area, Dhaka measuring an area of 7 kathas of land originally belonged to the Government of the then East Pakistan; that the Government leased out the said property for 99 years ..Category: Property Law | Date: | Hits: 54
People's Republic of Bangladesh Vs. Sri Sri Madan Gopal Jew Bigraha and ors., 1981, 10 CLC (AD)
....bsp; K. Hossain CJ.- In this appeal the question is whether the learned Single Judge of the High Court Division was well founded in law in holding that an amendment of a plaint, when no such application was made either before the trial Co......notification under section 3 of the Act, all rent receiving interests including that of Debuttor and waqf estate stood acquired and all non-retainable khas land also stood vested in the Government. This part of the proposition was overlooked by the Courts below. 4. There is anot..Category: Property Law | Date: | Hits: 44
Siddique Ahmed Chowdhury & others Vs. Gani Ahmed and others, 1979, 8 CLC (AD)
....affixed her thumb impression without obtaining independent advice. After review of the evidence, the Privy Council reversed the opinion of the Chief Court of Oudh and restored that of the trial Court holding that the deed was a valid one, and in so doing it was held that there was no doubt that the ......s correct in not applyÂing the rule to the facts of the case; and whether the rule has been adequately stated in the case of Ayani Dasi vs. Arena Bala Dasi 12 D.L.R. 603. 2. Facts bereft of controversial matters, are that the land in suit belonged to Sujan Bibi. Defendants 1 and 2 are her grand..Category: Property Law | Date: | Hits: 53
Government of Bangladesh Vs. Md. Abdus Subhan &. others, 1979, 8 CLC (AD)
....VI of 1972) Martial Law Regulation No. VII of 1977 Owner in possession in pursuance of a valid agreement and the agreement culminated into a valid deed of transfer executed by the owner and the holding never abandoned by the owner before, forcible eviction of the possessors of such right from ......l Leave to Appeal No. 339 of 1979. (From the judgment and order dated the 14th August, 1979 passed by the High Court Division in Writ Petition No. 42 of 1977). Judgment KM Subhan, J.—The Government is the petitioner and challenges the judgment of the High Court Division passed in a petit..Category: Property Law | Date: | Hits: 67
Abdul Jabbar Khan @ Jabbar Khan & ors Vs. State and another, 1980, 9 CLC (AD)
.... only by the I-O. An application under Section 436 of the Code of Criminal Procedure was filed before the Sessions Judge, Barisal and the learned Additional Sessions Judge rejected the petition by holding that the process against an accused is to be issued by the Magistrate who was taking cogniza......ssain, Magistrate, 1st class for disposal. Section 528(2) Cr.P.C. provides that the DisÂtrict Magistrate or Sub-Divisional Magistrate may withdraw any case from or re-call any case which he has made over to any Magistrate subÂordinate to him and may enquire into or try such case himself or refer i..Category: Criminal Law | Date: | Hits: 60
Bangladesh Vs. Hail Abdul Gani Biswas and others, 1980, 9 CLC (AD)
....d 136 of 1972 and 24 of 1973 are all valid legislations, effecting necessary amendment in the E.B.S.A. and T. Act and those laws cannot be challenged on the ground of ultra-virus. Any transfer of the holding or a part thereof by an out and out sale with an agreement of re-conveyance on valuable cons......llowed on 30-3-73 and thereafter the respondent No. 1 filed the writ petition urging inter alia that the said order is without lawful authority, inasmuch as section 95A of the aforesaid Act does not cover the case of the pure sale with an agreement to recovery. An out and out sale accompanied by an ..Category: Property Law | Date: | Hits: 85
Belayet Hossain and another Vs. Md. Abu Taher and others, 1980, 9 CLC (AD)
....order dismissing an application under Order, 9 rule 13 of the Code for restoring a proceeding under section, 26F of the Bengal Tenancy Act which had been disposed of ex parte. The reason given for so holding is that an order dismissing an apÂplication under section 26F of the B.T. Act is not a decr......side and the case is remitted back to the High Court Division for disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 231. ..Category: Property Law | Date: | Hits: 55
Abdur Rashid Vs. Secretary, Ministry of Cabinet Affairs, EstaÂblishment Div & ors, 1980, 9 CLC (AD)
....ort and the appellant was discharged from the case, proceedings were initiated under Article 5(a) of the President's Order No 67 of 1972 against the appellant. The Screening Board recommenÂded withholding of three increments of the appellant but the appointing authority passed the impugned order ......………..Appellant. Vs. Secretary, Ministry of Cabinet Affairs, EstaÂblishment Division & ors...........Respondents Judgment Jan 7, 1980. Awarding Higher Punishment to Delinquent Government Servant than prescribed in the inquiry proceeding. It is for the appointing authority t..Category: Employment/Service Law | Date: | Hits: 70
Bangladesh and ors Vs. Somboon Asavaham, 1980, 9 CLC (AD)
....ication issued under the Territorial Waters and Maritime Zones Act are not different as Mr. Asrarul Hossain wants to contend. The learned Judges of the High Court Division were perfectly justified in holding that they are synonymous; we would rather prefer to use the expression, co-termÂinus. There......rities. The question is whether they were capÂtured within the territorial waters of BanglaÂdesh. 2. Facts are that the Bangladesh Navy captured three Thai Fishing Trawlers and they were handed over by the Navy to the Customs authorities at Chittagong, for necessary action. The Collector of Cu..Category: Admiralty Law or Maritime Law | Date: | Hits: 246
Afzal Khan Vs. Election Tribunal and Munsif. 3rd Court, Comilla and other , 1980, 9 CLC (AD)
....ficer defeating his nearest rival Afzal Khan by a merging of 61 votes. 3. The defeated candidate Afzal Khan filed election petition making number of allegations of corrupt and illegal practices in holding the election including improper and perfunctory counting of votes. His grievance was that at......Âdhury J Afzal Khan ………………………….Appellant. Vs. Election Tribunal and Munsif. 3rd Court, Comilla and other .......Respondents Judgment December 11, 1979. Local Government Election (Paurashova), Counting of votes. The Election Tribunal cannot count the ballot..Category: Election Law | Date: | Hits: 136