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Bangladesh Parjatan Corporation, Dhaka Vs. AKM Abul Kalam, 1995, 24 CLC (AD)
....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 ......the principle of natural justice and the respondent having not filed any affidavit‑in ‑reply denying the said contentions, the learned Judges of the High Court Division acted wrongly in holding that the order of discharge was passed without giving any opportunity to the respondent an..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 ......osed on the petitioner with a stigma of misconduct." 5. Mr. Shafique Ahmed, learned Counsel for the petitioner submits that the High Court Division was in error both in law and fact in holding that the order of removal was not in reality an order of removal simpliciter under Regulati..Category: Employment/Service Law | Date: | Hits: 101
Bangladesh Vs. Dr. Dhiman Chowdhury and others, 1993, 22 CLC (AD)
.... Accordingly, the appeal is allowed and the impugned judgment of the High Court Division set aside. There will be no order as to cost. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 52 ......to enter into the said facts for deciding the writ petition. Finally the Rule was made absolute. 15. Leave was granted to consider whether the High Court Division was justified in law and facts in holding that the grounds of detention served on the detenu were vague, indefinite and unspecified re..Category: Constitutional Law | Date: | Hits: 185
Sova Rani Guha alias Sova Rani Gupta Vs. Abdul Awal Mia and others, 1995, 24 CLC (AD)
....er entitlement under section 4 of the Partition Act, .1893 was not at all satisfactory. The appeal is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 45 ......r, having no authority to sign on behalf of the other defendants, and that the predecessor‑ in ‑interest of defendant No. 6, not being a party to the compromise, there was no basis for holding that the compromise decree in Title Suit No. 145 of 1954 was valid and legal. It is urged t..Category: Property Law | Date: | Hits: 51
Rabjel Mondal Vs. Didar Mondal and others, 1994, 23 CLC (AD)
....p; With this modification in the decree the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 41; 15 BLD (AD) 5. ......and by Ext. 1. Hence the plaintiff got 2.081/2 acres of land by the deed of gift. Alep Mondal had no heritable interest in the suit properties and so defendant No. 12 acquired no interest in the suit holding by purchase from the heirs of Aser Mondal. The plaintiff has been possessing her share in th..Category: Property Law | Date: | Hits: 146
Syed Mohammad Salem Azam and others Vs. Secretary, Ministry of Works, Govt. of BD, 1995, 24 CLC (AD)
.... 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 ...... 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)
....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. ......and 27.9.90 are Annexures H(1) and H(2) to the writ petition. The appeal to the President was not disposed of due to political situation in the country and subsequent change of the Government and the holding of general election to Parliament. The writ Petition was filed challenging the aforesaid..Category: Property Law | Date: | Hits: 79
Babul Kanti Das and others Vs. Abul Hashem and others, 1995, 24 CLC (AD)
....extent of pulling down the entire roof of the building within the time and upon conditions directed by the trial Court. Ed. This case is also reported in: 47 DLR (AD) (1995) 06 ......its of the main case as it is one of the main concerns of a Court of law to see that no one dares to interfere with the course of justice by presenting the Court with a fait accompli.” In so holding we relied upon two English cases, namely, Daniel vs. Ferguson (1891) 2 Ch. 27 and Von Jeel ..Category: Civil Law | Date: | Hits: 106
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 ......hose who hold post "connected with defence". 8. The appellant is not entitled to any remedy under Article 102 not because he was a member of a disciplined force but because he was holding a service under the pleasure of the President, unrestricted by any constitutional provision..Category: Constitutional Law | Date: | Hits: 203
Collector of Customs, Chittagong and Others Vs. Ahmed Hossain and 39 Others, 1996, 25 CLC (AD)
.... above, we do not find it necessary to grant leave. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 253, 48 DLR (AD) (1996) 199 ......r in A Hannan’s case. 15. The learned Additional Attorney-General relying upon Md. Brothers vs. Collector of Customs 48 DLR (AD) 58 submitted that the High Court Division was wrong in holding that the writ-petitions were maintainable. It has been noticed that the High Court Division..Category: Business or Commercial Law | Date: | Hits: 126
Arabinda Sarker Vs. Bimalendu Bhowmik and others, 1996, 25 CLC (AD)
....sion dismissed the appeal only on the ground of locus standi without entering into the merit of the case. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 182 ......n Subodh Ranjan Sarker and in presence of the testator’s son the petitioner could not claim any interest in the property left by Shashi Kanta Sarker and disallowed the application of the petitioner holding that the objector has no locus standi to file the petition of revocation of the will. 5. ..Category: Others | Date: | Hits: 99
Sec, Internal Resources Div., Min. of Finance & Chair, Vs. Nasrin Banu & 5 ors., 1996, 25 CLC (AD)
....Prime Minster (Annexure D), after proper scrutiny of their service record, before any necessary new recruitment is made. Ed. This case is also reported in: 48 DLR (AD) (1996) 171 ......ed the Taxes Appellate Tribunal’s newspaper advertisement dated 25-12-92 and defended it in the Writ Petitions. Leave was also granted to consider that the High Court Division erred in law in holding that the recommendation of the Ministry of Establishment is binding upon the Taxes Appella..Category: Constitutional Law | Date: | Hits: 161
Abdur Rahim @ Md. Abdur Rahim Vs. State, 1996, 25 CLC (AD)
....ed Senior Special Judge will now proceed in accordance with law and in the light of the observation made above. Ed. This case is also reported in: 48 DLR (AD) (1996) 167, 49 DLR (AD) (1997) 51. ......ity of the case and taking of cognizance. On that date i.e., 25-9-1995, the complainant was examined on oath and the Assistant Superintendent of Police, Sadar Circle was asked to submit a report upon holding an inquiry into the complaint made and the next date was fixed on 8-11-1995. Being aggrieved..Category: Anti-Corruption Laws | Date: | Hits: 92
Akhtar Banu Vs. Habibunnessa and others, 1996, 25 CLC (AD)
....o cost. The impugned judgment and order are set aside. The suit will proceed in accordance with law. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 298, 48 DLR (AD) (1996) 164 ......al by the plaintiffs following leave is from judgment and order dated 6 March 1986 passed by a Single Judge of the High Court Divisions in Civil Revision No.420 of 1985 making the Rule absolute and holding the Title Suit No. 245 of 1985 of the 3rd Court of Subordinate Judge, Dhaka abated as a who..Category: Property Law | Date: | Hits: 70
Wazed Ali Sardar (Md) Vs. Md. Afsaruddin Sardar and others, 1996, 25 CLC (AD)
....igh Court Division is liable to be set aside. In the result, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 159 ......t were missing from the record gave much stress to the order dated 25-3-1976 and without considering the report submitted by the Bench Assistant erroneously found that the trial Court was wrong in holding that summons was not served upon the appellant. The learned Judge of the High Court Divisio..Category: Procedural Law | Date: | Hits: 133
Jahangir Kabir (Md) Vs. BD, represented by The Secretary, Ministry of Home Affair, 1996, 25 CLC (AD)
....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 ......of Home Affairs also appointed a Joint Secretary Ministry of Home Affairs as Inquiry Officer to enquire into the allegations against the appellant The Inquiry Officer did not examine any witness in holding enquiry into the allegations and submitted report finding that the allegations against app..Category: Administrative Law | Date: | Hits: 138
Sadharan Bima Corporation Vs. Bengal Liner Ltd. and another, 1996, 25 CLC (AD)
.... decreed for an amount of US $ 5,87,028.00 including cost to the plaintiff-respondent which we assess at US $ 53, 366.00. Ed. This case is also reported in: 48 DLR (AD) (1996) 143 ...... persistent in his submission that the market value at the time the policy terminates is the insured value at the commencement of the risk, as held by the Admiralty Court, we have no hesitation in holding that given the history of introduction of Clause 18 in the Time Clauses and the language em..Category: Business or Commercial Law | Date: | Hits: 151
ADC (Revenue), Pabna Vs. Md. Abdul Halim Mia, 1996, 25 CLC (AD)
....d and the respondents Execution Case No.5 of 1977 is dismissed as being barred under section 48 CPC. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 126, 48 DLR (AD) (1996) 141 ...... remand to the Executing Court for a decision as to whether the objector-appellant was a representative of the judgment-debtors. The learned Munsif again dismissed the Miscellaneous Case on 8.12.83 holding that the decree-holder was insane at the time of the judgment. On a further appeal by the ..Category: Civil Law | Date: | Hits: 133
Fazlur Rahman Shah Vs. Md. Arifur Rahman @ Badsha Chairman, 1996, 25 CLC (AD)
....able in law. For the reasons aforesaid the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 258, 48 DLR (AD) (1996) 138 ......d plaint case that title a the plaintiff on 9-2-1984 and there being assertion that rent was ever demanded from defendant before filing the suit on 4-9-1984, learned SCC Judge was clearly wrong in holding that the defendant was a defaulter. 11. Similarly, as to the question of bonafide re..Category: Property Law | Date: | Hits: 52
Monoranjan Barua Vs. Mirza Masud Hossain and others, 1996, 25 CLC (AD)
....ivision is set aside and the suit is dismissed. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 130 ......worth Taka 1203.00 and plaintiff No.1 promised to adjust the same with the rent of the disputed premises; that plaintiff No.1 during the construction work of judge, extension of the disputed holding took an advance of Taka 17,500.00 from the defendant by cheque and also in cash with a prom..Category: Property Law | Date: | Hits: 56