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Secretary, Ministry of Home Affairs and others Vs. BSEHR, 2004, 33 CLC (AD)
....eing held in custody without lawful authority or in an unlawful manner. 4.The rule being issued, the appellant contested the rule by filing affidavits-in-opposition denying the material statements made in the writ petition and stating, inter alia, that none of the sex-workers was tak......h, calling for any interference by this Court. 17. On the reasons made above, the appeal is liable to be dismissed and hence it is dismissed without any order as to costs. Ed. ..Category: Constitutional Law | Date: | Hits: 150
Mst. Jahanara Khatun Vs. Md. Nurul Islam, 2006, 35 CLC (AD)
....ct were served on October 19, 1996 and December 2, 1996 terminating the tenancy but the defendant did not vacate the premises in suit. Hence the suit. 4. The suit was contested by filing written statement denying the material averments made in the plaint and stating, inter alia, that the defe......ereinabove the contentions, so made, in our view, are of no merit. In view of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed with costs. Ed...Category: Tenancy Law | Date: | Hits: 180
Abdul Jabbar Vs. Sultan Ahmed and others, 2006, 35 CLC (AD)
....are directly and substantially same, properties same and the matters in issue in the subse1 quent suit i.e. Title Suit No.64 of 1992 are directly and subsequently in issue in the previously instated suit i.e. Title Suit No. 213 of 1979. He further submits that the High Court Division was in...... be allowed. 19. The appeal is, therefore, allowed. The impugned judgment and order of the High Court Division is set aside. The parties do bear their respective costs. Ed. ..Category: Procedural Law | Date: | Hits: 105
Principal, Pabna Cadet College, Pabna, Bangladesh & anr Vs. A.B.M. Abdul Matin, 2006, 35 CLC (AD)
....s Court and it was held "Sonali Bank is a legal entity whereas its Assistant General Manager is not. If the petitioner's case was allowed the Assistant General Manager had no authority to re-instate him. It was not a case of mere misdescription as submitted". 13. From the aforesa...... relief to the plaintiff as against the order of dismissal from service in a suit which was not maintainable. Accordingly the appeal is allowed without any order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 113
Serjuddowla Sowdagor Vs. Administrator of Waqf & others, 2004, 33 CLC (AD)
....ove writ petition was filed impugning the order of the respondent No.1 herein issued under the signature of the respondent No. 2 asking the respondent No.3 to manage the business of the Waqf Estate of Hazrat Khaza Kalu Shah Mazar Waqf Estate, Sitakundu, Chittagong. In the impugned order it ......bmitted that the order of the respondent No.1 dated 22.07.1999 gave rise to a fresh cause of action and the order being an order passed by a person performing functions in connection with the affairs of the Republic, the aggrieved person could seek remedy as against the said order under Art..Category: Trust/Waqf Law | Date: | Hits: 190
Mahabubul Goni Vs. State, 2005, 34 CLC (AD)
....tal of the company did not correspond with the audit reports. There was anomaly/ discrepancy of TK. 74,40,000/- (seventy four lac and forty thousand) and the accused petitioner thus made false statement in the annual return of the company, knowingly and therefore committed offence punishable......ion made above we do not find that the High Court Division committed any error in the decision in discharging the rule. Hence the leave petition having no merit is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 29
State Vs. Delwar Hossain Talukder, 2003, 32 CLC (AD)
....present respondent on bail. Against the order of bail, the appellant as petitioner filed criminal petition for leave to appeal and the leave was granted to consider that in view of the fact as stated in the F.I.R. that Delwar Hossain Talukder had fired gun shot at the fighting and at his in......ndent, and we are of the view that there is merit in this appeal. Accordingly, the appeal is allowed and the judgment and order passed by the High Court Division is set aside. Ed. ..Category: Criminal Law | Date: | Hits: 68
Md. Morzul Haque Vs. Government of Bangladesh & ors , 1995, 24 CLC (AD)
....0. It also appears that a certain conduct on the part of the appellant was also in the consideration of the collector of customs while rejecting his prayer for chemical examination. It is stated that the hearing of the adjudication was fixed for 2-4-90 but the appellant or his......al remedy and no useful purpose will be served in re-opening a matter which has become stale and rusty. The appeal is therefore dismissed without any order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 112
Jamuna Knitting and Dyeing Ltd and ors Vs. Messers Yunusco K. Textile Ltd. & ors, 2006, 35 CLC (AD)
....sed the facts in the application for restoration of possession. We find no merit in the submissions of the learned counsel. Accordingly, both the petitions are dismissed. Ed. ......sed the facts in the application for restoration of possession. We find no merit in the submissions of the learned counsel. Accordingly, both the petitions are dismissed. Ed. ..Category: Property Law | Date: | Hits: 41
Chair, BoD, Rajshahi Krishi Unnayan Bank & anr Vs. Md. A Motaleb & ors., 2006, 35 CLC (AD)
.... 10. The respondents are liberty to mention the matter fixed for hearing in the chamber. The petitioners are directed to prepare paper book within 6 (six) months. Ed. ...... 10. The respondents are liberty to mention the matter fixed for hearing in the chamber. The petitioners are directed to prepare paper book within 6 (six) months. Ed. ..Category: Employment/Service Law | Date: | Hits: 81
Mukter Hossain Khan (Md.) Vs. State, 2008, 37 CLC (AD)
....etitioner. The appeal is accordingly allowed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 44 ; V ADC (2008) 358; 13 MLR (AD) 2008, 186; 28 BLD (AD) 2008, 53. ......etitioner. The appeal is accordingly allowed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 44 ; V ADC (2008) 358; 13 MLR (AD) 2008, 186; 28 BLD (AD) 2008, 53. ..Category: Criminal Law | Date: | Hits: 71
Shafiqul Islam Chowdhury (Md.) and ors. Vs. Mustafizur Rahman and ors., 2008, 37 CLC (AD)
....appellants as plaintiffs filed Other Suit No. 184 of 1994 for declaration of title and Khas possession by evicting the defendants on removing obstructions. The defendants appeared and tiled written statement opposing the claim of the plaintiffs. The plaintiffs thereafter filed an application......tition as an alternative prayer. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 42 ; V ADC (2008) 329. ..Category: Property Law | Date: | Hits: 39
Abdul Noor (Md) @ Cunnu Mia & another Vs. Makhan Mia @ Md Laisuzzaman and others, 2008, 37 CLC (AD)
....wing to conflicting claims amongst the co-sharers. Hence is the suit. 3. The defendant Nos. 1, 3, 4, 6, 9, 10, 12, 22, 23, 47, 48, 49, 68, 69 and 2(Ka) contested the suit by filing written statement contending, inter-alia, that Mukti Miah was the original owner in possession of the suit ......ot at all tenable in the eye of law. All the appeals are, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 39. ..Category: Property Law | Date: | Hits: 48
Government of Bangladesh Vs. Md.Golam Rahaman Mallick, 1994, 23 CLC (AD)
....respondent paid a fine of Tk. 1,50,000/-. After serving out the sentences of imprisonment and after payment of fine the respondent filed various representations to the Government for his re-instatement but ultimately by an order dated 18-1-86 the authority dismissed the respondent from......produced the relevant file to show that the respondent's case was never put up before the President for his orders and that the case was disposed of at the level of the Secretary. In this state of affairs we cannot but uphold the submission of Mr. Khandker Mahbubuddin Ahmed that the respondent w..Category: Criminal Law | Date: | Hits: 33
National Tea Company Ltd. Vs. Deputy Commissioner, Habiganj and ors, 2008, 37 CLC (AD)
.... was filed impugning Memo No. AJRPOHO/Revenue/JA:MA/14/6/ll/ 981958 dated 1-11-1998 issued by the respondent No. 2 purportedly granting lease of Balumahal located within the writ petitioner's Tea Estate (Annexure "A") in favour of the respondent No. 4 and Notification No. AJRPOHO/......eement dated March 19, 1988 was not legal and the said action was taken without lawful authority. Accordingly, the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 43
Harun-or-Rashid (Md.) Vs. Pubali Bank Ltd. and others, 2008, 37 CLC (AD)
.... 1 against the appellant for realisation of the loan amount with interest. The suit was contested by the appellant and others. On 15-5-1999 the appellant filed an application for submitting a statement as to charging rate of interest by the respondent No. 1 from the appellant during 3-......accordingly, set aside. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 18. ..Category: Banking Law | Date: | Hits: 157
Golam Sarwar Hiru Vs. State and other, 2002, 31 CLC (AD)
....ant and took cognizance of the offence under Sections 406 and 420 of the Penal Code and issued warrant of arrest against the petitioner and subsequently the petitioner was granted bail. It is further stated that the charge under Section 420 of the Penal Code was framed against the petitioner and the......rmity for our interference with the impugned judgment of the High Court Division. Accordingly this petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 103; 14 BLC (AD) 26. ..Category: Criminal Law | Date: | Hits: 92
State Vs. Abdul Kader alias Kada and others, 2008, 37 CLC (AD)
....ons assaulting the deceased, that the inmates of the other huts of the house i.e. P.Ws.1,4,10 and 11 upon entering into the hut of the deceased found him in serious injured condition and the deceased stated to them about the incident and the deceased as well as the P.Ws. 2 and 6 narrated the inciden......ts are directed to surrender to their respective bail bond to serve out the remaining part of their sentence awarded by the trial Court. Ed. This Case is also Reported in: 19 BLT (AD) 2011, 38. ..Category: Criminal Law | Date: | Hits: 44
Tariqul Islam Khan Vs. Mohammad Hanif & ors, 2008, 37 CLC (AD)
....directed to appoint the petitioner M. Rafiul Karim son of late Bazlul Karim Chowdhury of Village-Barakhain, Police Station-Anwara, District-Chittagong as Mutawalli of the Ershad Ali Chowdhury Waqf Estate E.G. No.6269 (Chittagong-Cox's Bazar) from the First Group observing the stipulated rotation ......istrator of Waqfs on the basis of an application to that effect by an order dated 14.03.2000. Under the normal operation of the rotation scheme as devised in the Waqf deed in the regular course of affairs the tenure of the Third Group had fallen due from early 2000 and would have expired in 2005..Category: Trust/Waqf Law | Date: | Hits: 199
Md. Imdad Hossain and others Vs. Bangladesh, 2008, 37 CLC (AD)
.... to the post of Accounts Officer as per gradation list prepared at the time of entry into the service as Junior Accountant and as such the case is liable to be dismissed. 5. The AT as stated hereinbefore allowed the case with the direction as stated hereinabove. 6. The ......t no error was committed by the AAT in allowing the appeals and thereby in setting aside the judgment and order of the AT. Accordingly the petitions are dismissed. Ed. ..Category: Administrative Law | Date: | Hits: 125
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