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Mozibur Rahman Moznu (Md) Vs. Abdul Halim and others, 2001, 30 CLC (AD)
....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. ......olation of rule 39(4) of the Rules and that on receiving the result of the two centres where poll was not held the Returning Officer consolidated the result of the candidates who contested for the post of Chairman in Form ‘L’ and had declared the appellant, who was said to have got h......the High Court Division also acted illegally in assuming jurisdiction in the matter which is contrary to the law declared by the Appellate Division in the case of AFM Shah Alam reported in 41 DLR (AD) 68, that even rule 39(4) of the Union Parishad (Election) Rules, 1983 was wrongly construed by ..Category: Election Law | Date: | Hits: 124
Syed Al Nesar Ahmed, MD, United Food Complex Ltd. Vs. Nafisa Choudhury and others, 2001, 30 CLC (AD)
....ority cancelled the meeting only a day before the meeting was due to be held and since then the respondent No. 2 has prevented the petitioner and her husband respondent No. 3 from entering into the registered office of the company as well as the premises of the company’s farm. The petitione...... interference. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 83. ......94 and calls for no interference. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 83. ..Category: Business or Commercial Law | Date: | Hits: 95
Motasim Ali Chowdhury Vs. Md. Ismail, 2001, 30 CLC (AD)
.... acres of land, equivalent to 512 square feet from the extreme western portion of suit plot No.110 out of his purchased land of 0.08 1/4 acres, purchased on 24-3-64 from Hazi Moran Ali Bepari by a registered kabala. It is alleged, inter alia, that the defendant is an unauthorised and illegal pos...... appeal. Accordingly, it is dismissed with cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 74. ......We do not find any substance in this appeal. Accordingly, it is dismissed with cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 74. ..Category: Property Law | Date: | Hits: 58
Bangladesh Bank and others Vs. Zafar Ahmed Chowdhury and another, 2001, 30 CLC (AD)
....this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 70. ......writ petitioner filed writ petition challenging the aforesaid orders of the present petitioners issued purportedly under section 46 of the Bank Companies Act, 1991 for his removal from the present post and position i.e. Chairman of the bank, on the basis of an ex parte report prepared in gross v......ellip;………………………(10) Cases Referred to- Dr. Nurul Islam vs. Bangladesh and others 33 DLR (AD) 201; Attorney-General vs. Times Newspapers Ltd & another (1991) 2 All England Law Reports 3..Category: Business or Commercial Law | Date: | Hits: 131
Momtazuddin Sarker and others Vs. Abdur Rob and others, 2001, 30 CLC (AD)
....cquisition and Tenancy Act for pre-emption of the case land on the allegation that he is a co-sharer on the basis of a deed of gift and that the pre-emptee purchased the suit land on the basis of a registered deed of sale dated 3-3-1983 executed in pursuance of a decree passed in Title Suit No. ......he petitioners. The leave petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 67 ......e learned Advocate for the petitioners. The leave petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 67 ..Category: Property Law | Date: | Hits: 65
Government of Bangladesh Vs. Nurul Haque Miah and another, 2001, 30 CLC (AD)
....the facts of this case. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 59. ...... In the gradation list prepared on 24-1-85 respondent No. 1 was shown at serial No. 2 while respondent No. 2 Mr. Anwaruddin Ahmed was shown at Serial No. 4. Respondent No. 2 joined the non-gazetted post on 10-12-1945 and he was promoted to the post of Grade-II on 17-4-65. Thereafter respondent No......ation that the order passed by petitioner No. 2 the Secretary. Internal Resources Division and Ex officio Chairman, National Board of Revenue vide his Memo No. 3(27) Admin 3/76-453 dated 29-7- 1991 AD was illegal and without jurisdiction. 3. The case of respondent No. 1 is t..Category: Administrative Law | Date: | Hits: 93
Bangladesh Vs. Amela Khatoon and ors., 2001, 30 CLC (AD)
....ildings. Their case is that, the said holding was originally leased out to one Enayetulah Khan by the Government on 25-7-1960. Thereafter the said lessee sold the said property to Bibi Homaira by a registered sale deed dated 11-6-1968. Thereafter while in such title and possession Bibi Homaira s......pugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 55 ......nbsp; Cases Referred to- Government of Bangladesh represented by the Secretary, Ministry of Works vs. Md Jalil and others, 48 DLR (AD) 10; Mostafa Kamal (Md) vs. First Court of Settlement and others, 48 DLR (AD) 61; Hazerullah and..Category: Property Law | Date: | Hits: 69
Nurul Islam and others Vs. Jamila Khatun and others, 2001, 30 CLC (AD)
....cution Case No.19 of 1959 and sold the property in auction and one Rahema Begum purchased the same and took delivery of possession on 26-1-1961. Thereafter she sold the defendant Nos. 3 and 4 by a registered sale deed and delivered the possession of the same to the defendants. Case of defendant ...... plaintiffs. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 45. ......lip;…(7 & 9) Cases Referred to- Prem Sukh Gulgulia vs Habib Ullah AIR 1945 Calcutta 355 & Golam Kader vs Abdul Khaleque Choukder 43 DLR (AD) 107. Lawyers Involved: Fazlul Karim, Senior A..Category: Property Law | Date: | Hits: 64
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. ...... The Bangladesh Biman Corporation Employees (Service) Regulations, 1979, Regulation 12(1) & 15 Promotion of the Employees of the corporation to the higher posts is not a vested right as per rule 12(1) of the regulation. Requirement of Regulation 15 is to...... of the discussion 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. ..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. ......; 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......;……………………(4) Case Referred to- Jamuna Oil Company Limited and another vs. SK Dey and another 44 DLR (AD). Lawyers Involved: B Hossain Deputy Attorney-General i..Category: Administrative Law | Date: | Hits: 137
....essor of the appellant as plaintiff instituted the Title Suit stating, inter alia, that she got the Schedule‑1 land from her husband Abdul Quddus Chowdhury in consideration of her dower money, by a registered kabala dated 12.6.45 and that her husband purchased the same land by a registered kabala ......y comment.
The appeal is allowed with cost and the case is sent back to the High Court Division for disposal in accordance with law.
Ed.
This case is also reported in:47 DLR (AD) (1995) 162.
...... remand. The learned Advocate appearing for the defendant‑respondents also submits that the remand order being not in a0cordance with the principle of law enunciated in the case reported in 43 DLR (AD) 78, he has no objection if the case is sent back to the High Court Division for disposal.
7. ..
Category: Property Law | Date: | Hits: 46
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 ......e suit. 2. Respondent No.l. Kazi Asaduzzaman, instituted the suit on the allegations, inter alia, that he was a permanent employee of the Public Health Engineering Department and joined his post on 12.3.58 as a mechanic. On gradual promotion he was working as an Lower Division Assistant h...... all the above reasons 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 ..Category: Property Law | Date: | Hits: 124
Abu Taleb Vs. Government of Bangladesh, 1995, 24 CLC (AD)
....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....... The appellant was appointed as an Assistant Communication Engineer in the Civil Aviation Department on the 15th March, 1960 and it is his case that by dint of merit he was gradually promoted to the post of Director, Civil Aviation Authority. In 1985 the Government formed a corporate body, namely, ......€¦â€¦â€¦â€¦â€¦..................Respondents Judgment June 26, 1995. Result: The appeal is dismissed. Cases Referred to- Mofizur Rahman Khan Vs. Government of Bangladesh, 34 DLR (AD) 321; State of Punjab Vs. Gurdial Singh, AIR 1980 (SC) 319; Dr. Nurul Islam Vs. Bangladesh, 33 DL..Category: Administrative Law | Date: | Hits: 175
Golam Rahman Vs. Hazera Khatun, 1995, 24 CLC (AD)
....ubashini Debya acquired 12 annas interest therein and she subsequently executed a Power of Attorney in favour of one Md. Abdul Gafur who sold the suit land to one Nurul Huda on 26.7‑1951 by a registered deed, that Nurul Huda being a minor at that time his grandfather Eshaque Miah made the p......r is set aside and the appeal is allowed without any order as to costs. The suit is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 211, 47 DLR (AD) (1995) 108 ......sed. Consequently, the remand order is set aside and the appeal is allowed without any order as to costs. The suit is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 211, 47 DLR (AD) (1995) 108 ..Category: Property Law | Date: | Hits: 47
Halid Hamidul Huq Vs. Nafisa Chowdhury & ors., 1995, 24 CLC (AD)
....e Suit No. 78 of 1992 of the 4th Court of Subordinate Judge, Dhaka was filed on different cause of action and prayer for amendment of the suit is yet to be allowed. It is further contended that the registered deed of Trust, admitted to have been executed by the author of the Trust, will alone de......e registered deed of Trust, admitted to have been executed by the author of the Trust, will alone determine the creation of the Trust and that the delinquent beneficiaries should not be allowed to postpone the jurisdiction of the principal court of original jurisdiction by filing a partition sui......ppropriate remedy may 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 ..Category: Property Law | Date: | Hits: 76
Yakub Ali Vs. State, 1995, 24 CLC (AD)
....he same. 2. It appears that there was an First Information Report lodged in Shibganj Police Station on 26.1.1993 over the death of one Nawab Ali and an unnatural death Case No.4 of 1993 was registered. On 1.10.1994 a daughter of the deceased filed a petition of complaint in the Court of t...... 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 ...... no proposition in 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 ..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 ......5. The prosecution produced 12 witnesses at the trial out of whom PW 10 was only tendered for cross‑examination. The witnesses are mostly formal witnesses including the doctor PW 11 who held post mortem examination of the deceased Velua Khatun, PW 12 the Magistrate who recorded the confess......ellip;……..Respondent Judgment February 12th, 1995. Cases Referred to- Ghulam Muhammad vs. Emperor, 36 CrLJ (1935) 683; Nawsher Ali Sarder vs. State 39 DLR (AD) 196; Abul Khair vs. State 44 DLR (AD) 225. Lawyers Involved: MA Wahab Miah, Adv..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 ......d as a Director on permanent basis and that his prayer cannot be considered because there was no such provision in the Rules of the Corporation though there was scope for absorption in the civilian post according to Martial Law Orders Nos. 103, 132 and 135. After the specified period of his cont......1989. Respondent No.2 by letter dated 24 December 1989 informed respondent No.1 for taking necessary steps. Respondent No.1 after obtaining reports from the Chairman of the BOGMC and the Director (ADMN) of the said Corporation dated 25 January 1990 and 21 April 1990 absorbed the service of the..Category: Employment/Service Law | Date: | Hits: 117
C Q M H Md. Ayub Ali Vs. Bangladesh and others, 1995, 24 CLC (AD)
....by the Government under section 5 of the Ordinance included the disputed building as being an abandoned property. The appellant filed an application under section 7 of the said Ordinance which was registered as Case No.668 of 1988 in the Court of Settlement. The Government did not file any writt......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. ......uted property is implied and can be enforced. Mr. Ahmed referred to some decisions to support the aforesaid propositions which are respectively, Mofizur Rahman vs. Government of Bangladesh 34 DLR (AD) 321. Amir Khan vs. Controller of Estate Duty, 13 DLR (SC) 105; Maksud Ali vs. Eskandar Ali, 28 ..Category: Property Law | Date: | Hits: 86
Afia Khatoon Vs. Mobasswir Ali and others, 1995, 24 CLC (AD)
....ed and the case on transfer to Dhaka was renumbered as Criminal Revision No. 3332 of 1991. 9. The accused in the original charge‑sheet also filed an application for quashing which was registered as Criminal Revision No. 46 of 1993. 10. Both the cases were heard together by a ......o oppose their prayer for quashing of the proceeding against them. 15. For the reasons this petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 62 ...... the respondents to oppose their prayer for quashing of the proceeding against them. 15. For the reasons this petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 62 ..Category: Criminal Law | Date: | Hits: 57
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