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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. ...... 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......ep and 3 ½” x 1 ½” x muscle deep supported by medical certificate the plea of right of private defence of life of the accused Shahjahan cannot be brushed aside. Moreover, the accused was acquitted on 15-8-1994 and state petitioner did not take any step for hearin......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...... Latifur Rahman CJ.- This civil petition for leave to appeal by the Secretary, Ministry of Establishment, Government of Bangladesh is directed against the judgment and order dated 31-5- 2000 passed by the A......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......1962), Section 43 The petitioner should continue to take part in the affairs of the estate as joint Mutwalli in collaboration with the chief Mutwalli after making over his charge to the chief Mutwalli as there is no illegality in the order of making over charge.......he Chief Mutwalli and the Joint Mutwallis should assist the Chief Mutwalli in discharging the functions of the Waqf Estate. The impugned order does not mean that the petitioner is excluded from the management of the Waqf Estate. The petitioner as stated hereinabove should continue to take part in..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......e matter we do not find any cogent reason to accept the submission of Mr. AR Yousuf. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 161 ......e matter we do not find any cogent reason to accept the submission of Mr. AR Yousuf. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 161 ..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......Penal Code against the appellants have been proved beyond the shadow of reasonable doubt. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 149. ......Penal Code against the appellants have been proved beyond the shadow of reasonable doubt. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 149. ..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...... for that. He was placed under suspension by an order dated 3.5.1988 on the allegations of misconduct and breach of office discipline. Thereafter he was served with charges under Rule 3(b) of the Government Servants (Discipline and Appeal) Rules, 1985 on 13.6.1988 bringing allegations on four he......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 ...... Present: ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Md. Ismailuddin Sarker J Abu Taleb.................................................................Appellant Vs. Government of Bangladesh, represented by the Secretary, Ministry of Civil Aviation and Tourism and an......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 ......e 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 to the ......vely ostracised a British estate manager, Charles Cunnigham Boycott. 51. The boycott is used most frequently by labour organisations as a tactics to win improved wages and working conditions from management. US law distinguishes between primary and secondary labour boycotts. A primary boycott is..Category: Constitutional Law | Date: | Hits: 248
Halid Hamidul Huq Vs. Nafisa Chowdhury & ors., 1995, 24 CLC (AD)
....ay be made before the Court where the tide suit is pending. The appeal is dismissed without any order as to cost. Ed. This case is also reported in: 47 DLR (AD) (1995) 104 ......ndency to limit proceedings under the Trustee Act. In one other case, (1875) 10 Ch A 273, and in yet a second case, (1875) 10 Ch A 55 the proceedings appear summary and the facts not disputed. Moreover, referring to the words of section 74 itself, it would appear that a petition is to be made by......, praying for his appointment as a trustee of a Trust created by his father, Hamidul Huq Chowdhury, or in the alternative for appointment or election of a suitable person as the Trustee for proper management of the Trust property. Mr. Hamidul Huq Chowdhury had one son, the appellant Khaled Hamid..Category: Property Law | Date: | Hits: 76
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......ng to short circuit of electricity and that the damage was to the tune of Taka 37, 23,320.91 and recommended for payment of compensation to the plaintiff. Fire caused by electric short circuit was covered by the policy of insurance. The plaintiff requested the appellant to pay the aforesaid amoun......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
C Q M H Md. Ayub Ali Vs. Bangladesh and others, 1995, 24 CLC (AD)
....nd transferring to him by hire purchase the house built thereon on payment of cost of the house. Md. Zahooruddin paid the entire cost of construction and the possession of the disputed property was handed over to him on 29.1.1963. While in possession he entered into an agreement on 19.1.1971 with.......668 of 1988 should not be declared to have been made/passed without lawful authority, etc. 4. The case of the appellant, briefly, is that the disputed house was originally allotted by the Government to one Md. Zahooruddin under memo dated 12.6.1962 followed by a proper deed of conveyanc......iberation his where about was not known and the case property vested in the Government as abandoned property under President's Order No. 16 of 1972 and the same had been under the absolute control, management and supervision of the Government through different allottees. The appellant filed the s..Category: Property Law | Date: | Hits: 86
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......charged from the service of the Corporation. 3. In exercise of the powers conferred by Article 21 of the Bangladesh Parjatan Corporation Order, 1972 (President's Order No. 143 of 1972). The Government framed the Bangladesh Parjatan Corporation Service Rules. 1980, on 12.11.80 which were p......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
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...... Mustafa Kamal J Latifur Rahman J Syed Mohammad Salem Azam and others.................................Appellants Vs. The Secretary, Ministry of Works, Government of Bangladesh and others ....Respondents Judgment June 26th, 1994. L...... 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
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...... Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afazl J Mustafa Kamal J Latifur Rahman J Grihayan Limited.........................Appellant Vs Government of Bangladesh, through the Secretary, Ministry of Public Works and Urban Development, Bang......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
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 ......reads: “a suit for the possession of immovable property other than a suit for ejectment of a tenant unless, any other court or officer has exclusive jurisdiction in the matter or for the recovery of an interest in such property;’ 11. It is manifest that sub-section (2) of se 15 re......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...... Latifur Rahman J Md. Abdur Rouf J Bangladesh National Curriculum and Text-Book Board…………. Appellant (In Civil Appeal Nos. 76 & 77 of 1993) Government of Bangladesh, represented by the Secretary, Ministry of Law & Justice, Parliamentary......sued by the petitioner offended the ordinary law of the land which could not be permitted by invocation of the right to freedom of speech and expression. The petition was accordingly dismissed. ..Category: Intellectual Property Law | Date: | Hits: 279
Abdul Mazid Howlader & another Vs. Lahajuddin Howlader & others, 1996, 25 CLC (AD)
....te of knowledge. Further, there is material contradiction between the evidence of PW 2 Sekander Ali and OPW 3 Mobarak Ali with regard to the disclosure of the first date of knowledge. On the other hand, the OPWs, proved the possession of the pre-emptees in the suit land for the last 13/14 years.......ngs of the Courts below on the vital question of limitation, we are called upon to reappraise the material evidence on record to arrive at a correct decision in the case to decide the issue in controversy. 10. PW 1 Lahajuddin Howlader (pre-emptor) deposed that Balaram after purchase did no......pplication for pre-emption is disallowed. The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 302, 48 DLR (AD) (1996) 160 ..Category: Property Law | Date: | Hits: 60
Jahangir Kabir (Md) Vs. BD, represented by The Secretary, Ministry of Home Affair, 1996, 25 CLC (AD)
....others 42 DLR (AD) 189 and also the case of AC Jose vs. Sivan Pillai AIR 1984 (SC) 921. 6. Mr. B Hossain, learned Deputy Attorney General appearing on behalf of the respondents, on the other hand, tried to distinguish the case reported in 45 DLR 112 and also the case reported in 42 DLR (A......ministrative Appellate Tribunal in Appeal No. 75 of 1991. The appellant while acting as a Director of Fire Service Civil Defence and Rescue Service was placed on suspension under Rule 11(I) of the Government Servants (Discipline and Appeal) Rules, 1985 herein after referred to as the said Rules, ......ed on his prayer. The present case before us is just the reverse. In the result, the appeal is allowed with costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 156 ..Category: Administrative Law | Date: | Hits: 138
Abul Bakar Siddique (Md) Vs. Additional Deputy Commissioner, Kurigam and others, 1996, 25 CLC (AD)
....the impugned judgment and order of the learned Single judge of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 154 ......tiff’s suit. The plaintiff being aggrieved by the impugned judgment of the High Court Division is seeking leave to appeal before us. 2. The plaint case is, that Bhadrapara Adarsha Non-Government Primary School was established in 1973 at the initiative of one Ashraf Ali who by a regi......ijoyram Tobakpur yet the school is being run under the old name. The shifting of the school was approved by the Thana Education Officer and the school is functioning at Bijoyram Tobakpur under the management of the old committee and the old teaching staffs, of whom the plaintiff is the Head Mast..Category: Property Law | Date: | Hits: 63
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