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Government of Bangladesh and others Vs. Md. Hafizur Rahman and another, 2001, 30 CLC (AD)

.....   We accordingly dismiss the petition, the delay having been condoned.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 99. .......   We accordingly dismiss the petition, the delay having been condoned.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 99. ..

Category: Property Law | Date: | Hits: 57

Mozibur Rahman Moznu (Md) Vs. Abdul Halim and others, 2001, 30 CLC (AD)

.... Officer.   5. The High Court Division by the judgment and order dated 6th January, 1999 made the Rule absolute holding that- “the provision of rule 39(4) is a mandatory one consequently we also hold that without compliance of the requirements of sub-rule (4......ent and order of the Court Division is set aside and the writ is recalled.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 93. ..

Category: Election Law | Date: | Hits: 124

Rajdhani Unnayan Kartipakhya and another Vs. Mohshinul Islam and another, 2001, 30 CLC (AD)

.... The appeal is dismissed without any order as to costs.   Ed.  This Case is also Reported in: 53 DLR (AD) (2001) 79.  ...... by large number of city dwellers and therefore there was no illegality in altering the layout plan in such manner. The High Court Division did not accept this contention and examined the relevant provisions of the Town Improvement Act, 1953 under which RAJUK was constituted.   ..

Category: Property Law | Date: | Hits: 56

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 ......pugned judgment.   The petition is dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 55 ..

Category: Property Law | Date: | Hits: 69

Nurul Islam and others Vs. Jamila Khatun and others, 2001, 30 CLC (AD)

.... plaintiffs.   The petition is dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 45. ......h was dismissed by the impugned judgment. Being aggrieved by the same petitioners seek leave to appeal.   5. Learned Advocate for the petitioners submits that in view of the provisions of section 2 of the Succession Act 1925 plaintiff having not produced probate of the wil..

Category: Property Law | Date: | Hits: 64

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. ......elections for the present Parliament referring to Article 20(1), 61(b) of the Representation of the People Order, 1972 and Rule 9(1) of the Conduct of Election Rules, 1972 being the existing legal provisions for allocation of symbols in the parliament election. The symbol “Langol” wa..

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. ...... to the post of Junior Officers Maintenance in Pay Group V and, as such, they have not been deprived of any guaranteed right or discriminated. That being the position the contention of violation of provisions in Articles 27, 29 and 31 of the Constitution is not a well founded one.   ..

Category: Employment/Service Law | Date: | Hits: 63

GM, Jamuna Oil Company Ltd. Vs. Chairman, Labour Court, 2001, 30 CLC (AD)

....ation.   The petitioners are dismissed by this judgment.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001)28. ......ork for 48 hours per week while clerical staff of the Chittagong main office and the terminal office would work for 38 1/2 hours per week and that the overtime rate would be paid in accordance with provisions of Factories Act, 1965 and the Shops and Establishments Act, 1965. Pursuant to the sett..

Category: Labour and Industrial Law | Date: | Hits: 128

Miah Lutfi Hossain Kasru and others Vs. Bangladesh, 2001, 30 CLC (AD)

....March 5, 2000.   The Pourashava Ordinance, 1977 (XXVI of 1977), Section 21(1) Section 21 of the Pourashava Ordinance, 1977 is Directory and not mandatory, it is within province of the Delimitation Officer to take into consideration distributio......o consideration.   Both the petitions are dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 25. ..

Category: Election Law | Date: | Hits: 111

Board of Intermediate & Secondary Education Vs. Md. Mirajul Alam, 1995, 24 CLC (AD)

....English and that the decision given by the Board after scrutiny was not based on the said report and hence die suit for a declaration that he has passed the said Examination held in 1993 and for a mandatory injunction directing the petitioners to issue a pass certificate. 3. The petitione......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 ..

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 ......assed by the District Delegate and learned Subordinate Judge, 3rd Court, Dhaka in Probate Case No.12 of 1990 rejecting the caveat (filed by the respondent) and further directing him to follow the provisions as laid down in section 288 of the Succession Act, 1925. 2. Facts of the case, br..

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. ......riod of limitation from the date of the appellate order (21.10.1988) and not from the date (14.9.1989) when the Government rejected the application of the appellant being under a misconception of the provisions of section 4(2) of the Act and further being unaware of the provisions of the Police Offi..

Category: Administrative Law | Date: | Hits: 111

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. ......tution; M. And Whereas the opposition parties continued boycott of the sessions of Parliament; N. And Whereas all negotiations to arrive at a settlement within the framework of constitutional provisions did not yield any fruitful result; O. And Whereas on 28.12.94 leaders of the three op..

Category: Constitutional Law | Date: | Hits: 248

Abdul Hakim (Md) Vs. Genandra Nath Bashu Roy, 1995, 24 CLC (AD)

....ve no locus standi in the matter (Other Class Execution Case No.4 of 1993). The petition is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 95 ......at the execution case could nor proceed at the instance of an Indian national through an invalid power of attorney. Their further case is that they are in possession of the suit land and under the provisions of Order 21 rule 99 of the Code of Civil Procedure they could not be evicted by executin..

Category: Civil Law | Date: | Hits: 109

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 ....... When a complaint is filed before a Magistrate and he decides to take cognizance of the offence complained against he shall examine the complainant upon oath, etc. and follow thereafter the other provisions under Chapter XVI as may be found appropriate. But without taking cognizance the Magistr..

Category: Criminal Law | Date: | Hits: 62

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 ...... Martial Law Orders Nos.103, 132 and 135 for inducting army personnel and for their absorption in the civilian administration. Paragraph 2 of Martial Law Order No. 103 provided, subject to certain provisions: "An ex‑officer of any Defence Service, whether commissioned, ju..

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.   ...... says that the aforesaid provision shall not apply where the order or decree of the Court has been duly executed. In his case, the decree has been executed long ago in 1982. Reference to all these provisions were made to support the contention that a suit for specific performance of contract alt..

Category: Property Law | Date: | Hits: 86

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 ......the Home Minister and the latter also accepted the responsibility of passing of the order in his statement made in the Bengal Legislative Assembly. The High Court Division, it appears, in view of the provisions of Article 55 of the Constitution (same as now) and the decisions in the case of Shibnat ..

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 ......eception of such evidence will be of a weak character in place of the registered document evidencing the sale. 11. Where a case for the reception of secondary evidence is made out under the provisions of section 65, a certified copy of a registered document becomes admissible in proof of ..

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. ......ble.  It, therefore, follows that validity of limited interest or life estate depended upon the rule of custom, and not Shariat. Custom no longer holds the field, and apart from the statutory provisions, as contained in section 2 of the NWFP Muslim Personal Law (Shariat) Application Act, 193..

Category: Property Law | Date: | Hits: 146