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Nuruzzaman (Md) Vs. Moazzem Hossain and others, 2001, 30 CLC (AD)
.... of the Civil Revision No. 1900 of 1991 before the High Court Division. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 56. ...... 9 the Rule in Civil Revision No. 1900 of 1991 was obtained for setting aside the judgment and decree of the Appellate Court and the High Court Division by order dated 28-7-1997 discharged the Rule holding that the same had become infructuous as the Rule was obtained against a dead person showing..Category: Property Law | Date: | Hits: 46
Bangladesh Vs. Amela Khatoon and ors., 2001, 30 CLC (AD)
....pugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 55 ...... 1987 to have been made without lawful authority’ and of no legal effect. 2. Respondent Nos. 1-6 tiled the aforesaid case before the Court of Settlement for exclusion of holding No. R/29 Block-D, Moharnmadpur, Dhaka from the “Kha” list of abandoned building..Category: Property Law | Date: | Hits: 69
Jatiya Party Vs. Election Commission for Bangladesh and others, 2001, 30 CLC (AD)
....sion is set aside and the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 38. ......; stating that he was a candidate of the appellant. The said candidate not having been allocated “Langol” as its symbol filed Writ Petition No. 3933 of 1999 which was summarily rejected holding the same to be the election dispute. Respondent No. 5 on 4-11-1999 filed an application be..Category: Election Law | Date: | Hits: 144
Bangladesh Biman Corporation and others Vs. Md. Tipu Sultan & others, 2001, 30 CLC (AD)
....n made herein before the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001)31. ......ssuance of Organisation Order 13 of 1995 separate seniority list was in existence, that in view of the Provisions in Regulation 12 and 15 of the Regulations 1979 High Court Division was in error in holding that promotion to Pay Groups V from Pay Group IV to be made on the basis of seniority and o..Category: Employment/Service Law | Date: | Hits: 63
DG, Prisons & others Vs. Md. Nasim Uddin, 2001, 30 CLC (AD)
....out request helped this Division in the proper disposal of this matter. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 30. ......e 135 The Jail Code, Rule 205 On the event of dismissal, removal or reduction in rank a person holding a civil post is entitled to a second show cause notice…………&hell..Category: Administrative Law | Date: | Hits: 137
Government of Bangladesh Vs. Chairman, Court of Settlement and others, 2001, 30 CLC (AD)
....imitations. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 26. ......Government petitioner seeks leave to appeal from judgment and order dated 25-6-1996 passed by a Division Bench of the High Court Division in Writ Petition No. 192 of 1991 discharging the Rule and upholding the judgment and order dated 7-1-1989 passed by the Court of Settlement in Case No. 176 of..Category: Property Law | Date: | Hits: 61
Miah Lutfi Hossain Kasru and others Vs. Bangladesh, 2001, 30 CLC (AD)
....o consideration. Both the petitions are dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 25. ...... 7. Moudud Ahmed, learned Advocate for the petitioners, submits that there being violation section 21(1) of Pourashava Ordinance, 1977 the learned Judges of the High Court Division fell in en in holding that the dispute regarding variation population is a disputed question of fact which cannot..Category: Election Law | Date: | Hits: 111
Board of Intermediate & Secondary Education Vs. Md. Mirajul Alam, 1995, 24 CLC (AD)
....dvanced by Mr. Majumder. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 41, 47 DLR (AD) (1995) 167 ......d Examiner had increased the marks after submitting the report and marksheet. The Head Examiner by his reply dated 5.12.93 denied the allegations made by the re‑Examiner. By deliberately withholding the said reply of the Head Examiner dated 5.12.93 an adverse presumption was drawn against ..Category: Constitutional Law | Date: | Hits: 182
Haripada Ghose and another Vs. Gopal Chandra Ghose, 1995, 24 CLC (AD)
.... just and proper and calls for no interference. The appeal is accordingly dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 164 ......ing the District Delegate to act according to the provisions of section 288 of the Succession Act on a misconception of facts and law. Mr. Pal also argued that the High Court Division was wrong in holding that the District Delegate erred in its finding that the respondent had no locus standi to..Category: Property Law | Date: | Hits: 67
Shaikh Mustainul Haque Vs. Inspector General of Police and others, 1995, 24 CLC (AD)
....y further order. No costs. The impugned judgment and order arc set aside and those of the Administrative Tribunal are restored. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 157. ...... briefly, the Act, impugning the said order of dismissal. 3. The Tribunal after hearing the parties allowed the case and set aside the order of dismissal by its judgment and order dated 11.8.1992 holding, inter alia, relying on the case of SA Ali vs. Secretary Establishment reported in 31 DLR (A..Category: Administrative Law | Date: | Hits: 111
Shahana Hossain Vs. AKM Asaduzzaman, 1995, 24 CLC (AD)
.... Division is set aside. The appellant is entitled to restitution in view of the disposal of the Miscellaneous Case by us. Ed. This case is also reported in: 47 DLR (AD) (1995) 155 ......of the Miscellaneous Case No. 275 of 1992 for restitution of possession under section 144 of the Code of Civil Procedure with Title Suit No.177 of 1994 in which the appellant was a defendant after holding that the trial Court dismissed the miscellaneous case on an erroneous view of law and there..Category: Property Law | Date: | Hits: 68
Superintending Engineer and others Vs. Kazi Asaduzzaman and others, 1995, 24 CLC (AD)
....sons the impugned judgment and order of the High Court Division cannot be sustained. The appeal is allowed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 152 ......illness and the lower appellate Court having erroneously held that it was unnecessary to consider whether the plaintiff's absence was authorised or not, the High Court Division acted illegally in upholding the decree upon overlooking the same. 8. Heard Mr. Shamsul Haque Siddique, learned A..Category: Property Law | Date: | Hits: 124
Forkan alias Farhad and and another Vs. State, 1995, 24 CLC (AD)
....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. ......hands of the appellants and the absconding accused Golap. He stated in his examination‑in‑chief that at about 9‑00 PM he was returning from the bazar with a trunk on his head and his father was holding a hurricane lamp in his hand. His father was behind him. When leaving the main road they ent..Category: Criminal Law | Date: | Hits: 49
Director (Est. & Admin.) T & T Board, Tele Com Building Vs. Hasan Ahmed & anr, 1995, 24 CLC (AD)
....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 ......ocate further contended that without any finding that the enquiry officer acted unfairly and against the principle of natural justice, the Appellate Tribunal acted in excess of its jurisdiction in holding that the respondent No.1 was not given any opportunity to defend himself before the enquiry..Category: Administrative Law | Date: | Hits: 138
Special Reference No. 1 of 1995, 24 CLC (AD)
.... Mohammad Ismailuddin Sarker J. - I am in complete agreement with the learned Chief Justice and I have nothing more to add. Ed. This Reference is also Reported in: 47 DLR (AD) (1995) 111. ...... parties were being held for resolving the problem, the opposition parties added yet a new demand namely, the ruling party must introduce a Bill in Parliament amending the Constitution to provide for holding at least three future parliamentary elections under a caretaker government; K. And Where..Category: Constitutional Law | Date: | Hits: 248
Yakub Ali Vs. State, 1995, 24 CLC (AD)
.... those cases that the course adopted by the Magistrate in the present case was illegal. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 94 ......xamined while the order was passed on the said complaint the proceeding is illegal and liable to be quashed. Mr. Karim in this connection submits that the High Court Division was entirely wrong in holding that the petition dated 1.10.1994 (Annexure‑"F") was not a petition of comp..Category: Criminal Law | Date: | Hits: 62
Zahiruddin son of Abdu Hye Vs. State, 1995, 24 CLC (AD)
....prisonment. The appeal is allowed. The sentence of death imposed on the appellant is commuted to one of life imprisonment. Ed. This case is also reported in: 47 DLR (AD) (1995) 92 ......death of his wife Velua Khatun on an unfounded suspicion that his wife was a woman of bad character". 7. Leave was granted to consider whether the High Court Division was right in holding that the suspicion of the accused appellant as to his wife's character was really unfounded..Category: Criminal Law | Date: | Hits: 73
Lt. Col. (Retd) Nazimuddin Ahmed Vs. Bangladesh and Others, 1995, 24 CLC (AD)
....Court Division, we uphold the order impugned in the writ petition. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 87 ...... 11. The High Court Division omitted to notice sub‑paragraph (6) and read it with sub‑paragraph (10) of the paragraph 19 of the Fourth Schedule of the Constitution. It clearly erred in holding that the said Rules of 1983 was repealed with the withdrawal of Martial Law on 10 November,..Category: Employment/Service Law | Date: | Hits: 117
C Q M H Md. Ayub Ali Vs. Bangladesh and others, 1995, 24 CLC (AD)
....ied upon and further that there has been a failure of fair trial in the Court of Settlement which arrived at its conclusion in violation of the principles of natural justice. ......me abandoned property by operation of President's Order No. 16 of 1972 and vested in the Government. 7. The Court of Settlement by its judgment and order dated 23.5.1989 dismissed the case holding, inter alia, that the appellant has not acquired any right or interest in the disputed pro..Category: Property Law | Date: | Hits: 86
Shahidul Islam (Md) & anr Vs. Md. Sayedur Rahman and others, 1995, 24 CLC (AD)
.... we are reluctant to interfere with the interlocutory order of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 70 ......Division. 2. Plaintiffs filed the suit in a representative capacity and prayed for perpetual injunction restraining the defendants from installing or running any Rice, Dal and Wheat Mill in holding No. 40/1, Chawkbazar within Faridpur Municipal Area, on the allegations that the said holdi..Category: Civil Law | Date: | Hits: 95
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