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Bangladesh Biman Corporation & others Vs. Md. Yousuf Haroon & others, 2002, 31 CLC (AD)
....t petitions. In arriving at the above conclusion High Court Division found Regulation 11A(2) does not provide any principle or guideline nor fixed any criteria as to when, how and in respect of which persons an order of retirement can be made. Learned Advocate for the appellants referring to the afo......d without any order as to cost. Order of the Court By a majority decision the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 161. ......e is also Reported in: 54 DLR (AD) (2002) 161. ......d without any order as to cost. Order of the Court By a majority decision the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 161. ..Category: Employment/Service Law | Date: | Hits: 186
Abu Siddique and anr Vs. Government of the People’s Republic of Bangladesh, 2002, 31 CLC (AD)
....The provision of the said sub-section authorises the officers of the Bureau while enquiring into, and investigation of, the offences described in the schedule to make seizure, search and arrest of persons concerned in the said offences and that it is competent to exercise all other powers, dutie...... Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 154. ......rt Appellate Division (Civil) Present: Mahmudul Amin Choudhury CJ Md. Ruhul Amin J ...... Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 154. ..Category: Criminal Law | Date: | Hits: 58
Giasuddin and another Vs. State, 2002, 31 CLC (AD)
....lice force came at the cross road at Khirodiya at about 16-35 hours where blood-stained dead body of deceased Mostafizur Rahman was found and also found rickshaw puller Jamaluddin along with other persons. On interrogation of the people present he came to know that on 18-4-1990 at about 10 in th......ce very thoroughly cross-examined these witnesses but they failed to bring out anything to doubt or disbelieve their evidence. There is nothing on record to hold that these three eyewitnesses were interested witnesses or they have any enmity with the condemned prisoners. Admittedly, the occurren......: 54 DLR (AD) (2002) 146. ......on. There is no merit in this petition and the same accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 146. ..Category: Criminal Law | Date: | Hits: 47
Hiran Chandra Dey and anothers Vs. Md. Abdul Quyum and others, 2002, 31 CLC (AD)
.... Ilias Miah and that being so it cannot be said in the absence of legally establishing that Kulsuma Bibi and Rahima Bibi are the sisters of Ilias Miah, the pre-emptors by purchase from the said two persons have become co-sharers in the land left by Ilias Miah and that inherited by Ful Banu wife ......ame are allowed. There is no order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 126. ...... Reported in: 54 DLR (AD) (2002) 126. ......ame are allowed. There is no order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 126. ..Category: Property Law | Date: | Hits: 55
....d residence to rehabilitate the Muhazirs but instead of constructing colony and residential accommodation for rehabilitating the Muhazirs the office-bearers of the Society gave the land to some other persons who were not Muhazirs, that with the liberation of Bangladesh purpose of the Society became ...... evicted, in writ jurisdiction which is not permitted.
In the result the appeals are allowed.
There is no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (AD) (2002) 111.
......ppeals are allowed.
There is no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (AD) (2002) 111.
...... evicted, in writ jurisdiction which is not permitted.
In the result the appeals are allowed.
There is no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (AD) (2002) 111.
..
Category: Property Law | Date: | Hits: 54
Jitendra Nath Mistry Vs. Abdul Malek Howlader and ors., 2002, 31 CLC (AD)
....le for the parties to the document and that also for the beneficiaries under the document to establish the recital relating to necessities stated in the document by calling them and that also other persons of the relevant time, but because of the lapse of time calling of the persons of the relev......smissed. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 106. ...... DLR (AD) (2002) 106. ......smissed. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 106. ..Category: Property Law | Date: | Hits: 47
Delower Hossain Khan Vs. State, 2002, 31 CLC (AD)
....or life and to pay a fine of Taka 3000 in default to suffer rigorous imprisonment for 3 months. The learned Additional Sessions Judge by the same judgment also convicted 3 other absconding accused persons namely, Akkel Ali, Kashem Ali and Omar Ali under sections 302/34 Penal Code and sentenced t......tance in the petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 101. ......LR (AD) (2002) 101. ......tance in the petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 101. ..Category: Criminal Law | Date: | Hits: 76
Mahbubur Rahman and others Vs. Taslimuddin Ahmad and others, 2002, 31 CLC (AD)
....sion of the learned Additional Attorney-General leave was granted to consider in Civil Appeal No. 34 of 1996, the question of maintainability of the case when respondent No. 1 did not impleaded 29 persons who were given seniority to him and the said 29 persons are directly affected by the order ...... For the reasons stated above, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 97. ......p; Present: Latifur Rahman J Bimalendu Bikash Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J Mahbubur Rahman and others................ Appellants ...... For the reasons stated above, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 97. ..Category: Administrative Law | Date: | Hits: 91
Bangabir Kader Siddiqui, Bir Uttam Vs. Government of Bangladesh, 2002, 31 CLC (AD)
....ladesh, 1972, Article 116 The Representation of the People Order, 1972, Article 91A The petitioner who fought the by-election cannot have any choice in the persons who are to act as members of the committee. The Election Commission accepted the formation ....... There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 64. ......so Reported in: 54 DLR (AD) (2002) 64. ....... There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 64. ..Category: Election Law | Date: | Hits: 158
State Vs. Monu Miah and others, 2001, 30 CLC (AD)
....ughter of Hossain Ahmed after taking meal went out of the house on 28-5-1993 at about 10-30 hours for playing but she did not return home till the evening. The informant, Salmas mother and some other persons of the house made search for her in the nearby places but could not trace her out. They went......ral also could not point out any illegality or infirmity therein for our interference. Thus the petition is, accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 60. ......r infirmity therein for our interference. Thus the petition is, accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 60. ......ral also could not point out any illegality or infirmity therein for our interference. Thus the petition is, accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 60. ..Category: Criminal Law | Date: | Hits: 59
BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)
....l other criteria in order to be considered eligible to be a banking company. Further, BRAC Bank Limited is not a lawfully constituted public limited company since it is composed of less than seven persons inasmuch as Respondent No.7, 8, 9 in the writ Petition not being separable from BRAC are in......onations in a manner not contemplated under this Ordinance. There is also no prohibition clause in the Ordinance itself. He also submits that the writ petitioner has been used as a ploy by certain interested quarters and he himself is not an aggrieved party. Furthermore, no public interest is in......so Reported in: 54 DLR (AD) (2002) 36. ......mage and destruction to the detriment of the countless number of poor and disadvantaged persons including women and children who are beneficiaries of their programes donated to poverty alleviation, education, heath and income and employment generation for the poor. 5. Appeari..Category: Constitutional Law | Date: | Hits: 199
State Vs. Abdul Barek and Others, 2001, 30 CLC (AD)
....y commence with the two premises. One is the finding of facts arrived at by the learned Sessions Judge with which we find ourselves in agreement that there was unlawful assembly formed by the accused persons i.e. respondents and others and that the common object thereof was to attack the house of Fa...... respective bail bond and the warrant of arrest issued against respondent Nos. 4 and 5 are recalled and cancelled. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 28; 7 MLR (AD) 17. ......st issued against respondent Nos. 4 and 5 are recalled and cancelled. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 28; 7 MLR (AD) 17. ...... respective bail bond and the warrant of arrest issued against respondent Nos. 4 and 5 are recalled and cancelled. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 28; 7 MLR (AD) 17. ..Category: Criminal Law | Date: | Hits: 55
Government of Bangladesh and other Vs. Nidhi Ram Moni and others, 2002, 31 CLC (AD)
....o be in possession of the case land for many years through bargadars but threw away the case of the petitioners stating that it is wholly unauthorised and illegal and directed to lease out to other persons, namely, Sadek Ali and others.” The High Court Division also found that the alleged d......e High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 14. ......so Reported in: 54 DLR (AD) (2002) 14. ......e High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 14. ..Category: Property Law | Date: | Hits: 43
S. M. Iqbal Hossain Vs. Managing Director, I F I C Bank Ltd., 2006, 35 CLC (AD)
....ental proceeding." The AAT has also not recorded any finding as to irrationality of the punishment awarded nor it has held that the decision of the' appellant No.1 is one which no sensible persons who weighed the pros and cons could have arrived at and that there is no finding, based on......that the High Court Division took a correct view in the matter and as such the impugned judgment does not call for our interference. The petition is, therefore, dismissed. Ed. ......terference. The petition is, therefore, dismissed. Ed. ......that the High Court Division took a correct view in the matter and as such the impugned judgment does not call for our interference. The petition is, therefore, dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 78
Md. Marfat Ali Miah Vs. Sree Jagadish Chandra Sheel and others, 2006, 35 CLC (AD)
....ion of the defendant-petitioners, it was contended on behalf of the plaintiff opposite party that the suit filed by him is very much maintainable as setting aside of auction sale was sought by the persons who are not of the category of the persons as in section 37 of the PDR Act. The High Court ......treated as a person whose interests had been affected by the sale. Thus the application for setting aside the sale having been made by respondent No. 1 who has been found to be a person not legally interested in the property as such, the revisional authorities could not set aside the auction at t...... suit expeditiously. There is no order as to costs. Ed. ....... The Other Class Suit No. 82 of 1991 is restored to its file and number. The trial Court is directed to dispose of the suit expeditiously. There is no order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 77
Government of the People’s Republic of Bangladesh Vs. Abdur Rahman and others, 2006, 35 CLC (AD)
.... Tk.7, 26,000/-. 10. It was contended before the Arbitrator that the Arbitration revision case was barred by limitation and that the same was not maintainable since the Respondents, i.e. affected persons, without protest received the amount earlier awarded by the Deputy Commissioner. The Arbitra......itration Appellate Tribunal. In view of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with cost to be paid by the appellant No. 1. Ed....... find no merit in the appeal. Accordingly the appeal is dismissed with cost to be paid by the appellant No. 1. Ed.......itration Appellate Tribunal. In view of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with cost to be paid by the appellant No. 1. Ed...Category: Property Law | Date: | Hits: 58
A. R. A. Jute Mills Limited Vs. Janata Bank and others, 2006, 35 CLC (AD)
....Judge shall be deemed to be the Artha Rin Adalat under the Ain 15. Let us now examine Articles 115 and 116 of the Constitution which read as follows:- "115. Appointments of persons to offices in the judicial service or as magistrates exercising judicial functions shall......t the High Court Division correctly decided the matter and as such it does not call for our interference. 24. In view of the discussion made above, the petition is dismissed. Ed. ......erference. 24. In view of the discussion made above, the petition is dismissed. Ed. ......t the High Court Division correctly decided the matter and as such it does not call for our interference. 24. In view of the discussion made above, the petition is dismissed. Ed. ..Category: Banking Law | Date: | Hits: 121
Udaypur Halima Darul Ulum Madrasha and others Vs. Bangladesh, 1981, 10 CLC (AD)
.... Madhumati, the local people shifted the cattle market to the land measuring an area of 1.05 acre comprising Plot Nos. 166, 167, 168, 350 and 353 of Mouza Golarchak belonging to different persons since transferred to the appellant by registered deeds of gift. It may be mentioned th......ust succeed. Therefore, the appeal is allowed and the order of the High Court Division is set aside. Let the Government proceed in accordance with law. We make no order as to costs. Ed. ...... set aside. Let the Government proceed in accordance with law. We make no order as to costs. Ed. ......ust succeed. Therefore, the appeal is allowed and the order of the High Court Division is set aside. Let the Government proceed in accordance with law. We make no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 93
Siddique Ahmed Chowdhury & others Vs. Gani Ahmed and others, 1979, 8 CLC (AD)
....iary relationship with the pardanashin lady. It is only in such cases, the donee or transferee will carry the additional burden or to prove that the lady had independent and disinterested advice from persons other than the recipient of the document. As to the quantum of evidence to discharge th......grandsons, defendants 1 and 2 in order to be valid, required to be proved by the grandsons that the lady made intelligent execution of the documents, and that in so doing she got independent and disinterested advice. The trial Court held, that the grandsons (defendants 1 and 2) carried burden of p......e. For the foregoing reason, we dismiss the appeal with costs. Ed. This Case is also Reported in: 33 DLR (AD) 1. ......is is a question of fact and hardly arises in this appeal by special leave. For the foregoing reason, we dismiss the appeal with costs. Ed. This Case is also Reported in: 33 DLR (AD) 1. ..Category: Property Law | Date: | Hits: 53
Abdul Jabbar Khan @ Jabbar Khan & ors Vs. State and another, 1980, 9 CLC (AD)
.... to enable him to decide whether to take cognizance or not against the present appellants. 2. Facts giving rise to proceedings are as follows: The respondent lodged a Complaint petition against 24 persons On the allegations that they formed an unlawful assembly and trespassed into his house and l......oned in the original complaint petition and sent up for trial by the police and he will be guided by the principles enunciated above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 247 ......sent up for trial by the police and he will be guided by the principles enunciated above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 247 ......oned in the original complaint petition and sent up for trial by the police and he will be guided by the principles enunciated above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 247 ..Category: Criminal Law | Date: | Hits: 60
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