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Abdul Alim Vs. State and others, 2001, 30 CLC (AD)
....absolute and quashing the proceeding of Motijheel PS Non FIR Case No. 793 of 1997 under section 145 of the Code of Criminal Procedure and directing the receiver, Officer-in-Charge, Motijheel PS to hand over possession of Holding No. 59 and 59/1 Purana Paltan, Dhaka to Humayun Kabir, second party......party. The Petition is, therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 64. ..Category: Criminal Law | Date: | Hits: 62
Zaher Ahmed Vs. Manik Sardar, 2001, 30 CLC (AD)
....lant needed the shop room for purpose of re-building and that the requirement was a malafide one. 7. Mr. Nawab Ali, learned Advocate-on- Record for the respondent, on the other hand, tried to support the judgment of the High Court Division submitting that the High Court Divi...... suit. In the result the appeal is allowed with cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 63. ..Category: Property Law | Date: | Hits: 69
State Vs. Shahjahan, 2001, 30 CLC (AD)
....called by accused Akbar who was waiting in his hut. PW 7 Saiful follow them and found from outside the hut that as soon as Mahfuz entered inside the hut accused Akbar caught hold of his hair by one hand and pressed his mouth by the other hand and thereupon ordered Shahjahan to kill Mahfuz and ot......ed to interfere with the impugned judgment. The leave petitioner is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 58. ..Category: Criminal Law | Date: | Hits: 55
Secretary, Ministry of Establishment Vs. A M Nurunnabi, 2001, 30 CLC (AD)
....respect of the submission. It is difficult for this Court to enter into this matter. 7. Mr. Abdul Wadud Bhuiyan, the learned Advocate appearing for the respondent, on the other hand, shows from gazette notifications that some Government officers who were removed under MLO No......s condoned but there being no merit in the petition the same is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 41. ..Category: Administrative Law | Date: | Hits: 117
Mohammad Ali Vs. ADC (Revenue), Dhaka & others, 2001, 30 CLC (AD)
.... 18-12-73. Subsequently, by order dated 1-9-90 respondent Nos.3 and 4 were appointed Joint Mutwalli. By order dated 3-11-97 Additional Deputy Commissioner (Revenue),Dhaka directed the petitioner to hand over the charge of Mutwalli to respondent Nos. 3 and 4 in pursuance of the order of the Admin......therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 27 ..Category: Property Law | Date: | Hits: 47
Mahmudul Islam Chowdhury Vs. Md. Sultanur Kabir Chowdhury and others, 1995, 24 CLC (AD)
....d that the change has materially affected the election result. The tribunal therefore ordered re‑election in the disputed 11 polling stations. 5. The High Court Division, on the other hand, held that the Tribunal acted on surmise. The assertion of the petitioner that the result of t...... whether the election of respondent No.1 was liable to be set aside on that ground. The petitioner gave up his other allegations in the election petition. The Tribunal accepted the application and noted that at the time of hearing the arguments of both sides only this question of law was agitate..Category: Others | Date: | Hits: 119
Forkan alias Farhad and and another Vs. State, 1995, 24 CLC (AD)
....bellishment, Leave was also granted to consider the P.W. 2 Jaj Mia, the son of deceased Abdur Rashid who accompanied the deceased at the time of occurrence and who himself got severe injuries in the hands of the appellants and another could recognise the appellants at the firne of occurrence in a r......of recognition. It appears to us that P.W.s 3 and 4 who were in the homestead independently heard about the names of the assailants from Jaj Mia within a gap of a few minutes. It is very important to note the evidence of P.W. 2 when he said that “তখন আমার মিলন কাকাও..Category: Criminal Law | Date: | Hits: 49
Director (Est. & Admin.) T & T Board, Tele Com Building Vs. Hasan Ahmed & anr, 1995, 24 CLC (AD)
....n any opportunity to defend himself before the enquiry officer. 9. Mr. Miah Abdul Gafur, the learned Advocate‑on‑Record appearing on behalf of the respondent No. 1, on the other hand, contended that the Appellate Tribunal rightly found that the respondent No.1 was not given an......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
Abu Taleb Vs. Government of Bangladesh, 1995, 24 CLC (AD)
....is a colourable exercise of power having been passed for a collateral purpose. 10. Mr. Abdul Wadud Bhuiyan, learned Additional Attorney‑General on behalf of the respondent submits, on the other hand, that colourable exercise of power, in the words of VR Krishna Iyer, J in the case of State of ......by the appellant. In that view of the matter we do not find any ground for interference. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 138..Category: Administrative Law | Date: | Hits: 175
Special Reference No. 1 of 1995, 24 CLC (AD)
.... was the proper person to be addressed in such matter and it was for him to take the initial steps under the Rules as above. This we want to point out for future guidance of all concerned. However, I handed over the order of the President to the Registrar on the following morning and he gave notice ......ive) years since that date as provided in Article 72 (3) of the Constitution; D. And Whereas Parliament comprised of members belonging to different political parties and elected as independent as noted below: BNP-170 Awami League-92 Jatiya Party-35 Jamaat‑e‑Islami-20 Comm..Category: Constitutional Law | Date: | Hits: 248
Sadharan Bima Corporation Vs. Sanjib Kumar Das & another, 1995, 24 CLC (AD)
....urance Company, AIR 1934 (Rangoon) 15; Baroda Spinning and Weaving Co. Ltd. vs. Satynarayan Marine and Fire Insurance Co. Ltd, AIR 1914 (Bom) 225; Sree Hari Sankar Nandi Majumdar vs. Sree Promode Chandra Roy Choudhury, 4 PLR (Dacca) 595; Honuman Box vs. Eagle Star and British Dominions Insurance......nterpretation given by the High Court Division, we dismiss the appeal for the reasons above without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 97 ..Category: Business or Commercial Law | Date: | Hits: 114
Bangladesh Parjatan Corporation, Dhaka Vs. AKM Abul Kalam, 1995, 24 CLC (AD)
....lish that the charges were substantiated and grounds for removal are there for the satisfaction of the authority to discharge him from service. The concern of the High Court Division, on the other hand, should have been as to whether the principle of natural justice was followed in conducting th......nce with the Rules we uphold the ultimate order of the High Court Division. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 67 ..Category: Employment/Service Law | Date: | Hits: 134
Bangladesh Road Transport Corporation Vs. Aminur Rahman & another, 1995, 24 CLC (AD)
..... 7. In the circumstances, we do not think it to be a fit case for interference. The Petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 66 ......(2) but was a punishment imposed on respondent No.1 with stigma of misconduct. He also submits that the High Court Division failed to appreciate the fact that reference of misconduct in the office note or other communication does not make an order of termination under Regulation 55(2) a penal ac..Category: Employment/Service Law | Date: | Hits: 101
Syed Mohammad Salem Azam and others Vs. Secretary, Ministry of Works, Govt. of BD, 1995, 24 CLC (AD)
....t an abandoned property and the same may be released in favour of the appellants. In pursuance of the order dated 8.8.84 the Executive Engineer, PWD, Bogra was directed by an order dated 19.9.84 to hand over possession of the premises in dispute to the appellants. On 31.10.84 the Executive Engin...... order of respondent No. 1 dated 9.11.93 is set aside as being without lawful authority and of no legal effect. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 38 ..Category: Property Law | Date: | Hits: 62
Samsun Shipping Corporation Vs. Hossain and Sons and others, 1995, 24 CLC (AD)
....e any relevance to the matter in issue. We do, not find any ground to interfere. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 31 ......e any relevance to the matter in issue. We do, not find any ground to interfere. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 31 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 228
Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)
....t it seems that the said ground was not pressed in the High Court Division. There is no tangible material on record to infer any mala fide on the part of the officials as alleged. It is, on the other hand, found that the appellant had benefited by an equivocal report submitted by the Chairman, DIT o......arned brother ATM Afzal J. Order of the Court By the majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ..Category: Property Law | Date: | Hits: 79
Col. Md. Hashmat Ali (Retired) of Bangladesh Army Medical Corps Vs. Bangladesh, 1995, 24 CLC (AD)
....uring the proper discharge of their duties. There is no merit in this appeal and, accordingly, it is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 01 ......from the date any of his junior Applicability colleagues in the AMC was first promoted to that rank" and "compulsory retirement from the service with full benefits." On 7 July 1983 a note was sent by the Military Secretary of the Army Headquarters to the Ministry of Defence stating..Category: Constitutional Law | Date: | Hits: 203
Khaledur Reza Chowdhury (Md) Vs. Saleha Begum and others, 1996, 25 CLC (AD)
....t and order are set aside and the order dated 6-2-93 passed by the learned Subordinate Judge in Title Suit No.415 of 1984 is restored. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 209. ...... him to make his earlier suit a complete one with all parties present, all facts stated and all relevant claims made, is to punish him altogether for filing any Suit at all against the respondents We note with dismay that instead of furthering the cause of justice by allowing the plaintiff-appellant..Category: Property Law | Date: | Hits: 59
Haji Kasimuddin Mandal Vs. Md. Jalaluddin Pramanik, 1996, 25 CLC (AD)
....s to be passed. If the jurisdiction is only one relating to territorial limits or pecuniary limits, the plaint will be ordered to be returned for presentation to the proper court. If, on the other hand, it is found that, having regard to the nature of the suit, it is not cognizable by the class ......der of the High Court Division and restore the judgment and decree of the Court of Small Causes, Bogra. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 305, 48 DLR (AD) (1996) 205 ..Category: Tenancy Law | Date: | Hits: 87
BD National Curriculum and Text-Book Board and other Vs. AM Shamsuddin & ors, 1996, 25 CLC (AD)
....gned Act was violative of the right to freedom of speech and expression and also freedom of the press as provided under Article 39(2) of the Constitution. The learned Attorney-General, on the other hand, argued that the publication and, sale, etc. of ‘note-books’ are not included with......eals we may now turn to the facts of the case which are nearly common. The writ-petitioner-respondents are engaged in the business of publication, distribution and selling of books including ‘note-books’ for primary and secondary schools upto class VIII. They stated in their respectiv..Category: Intellectual Property Law | Date: | Hits: 279
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