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Major Syed Walayat Shah Vs. Muzaffar Khan, 1973, 2 CLC (AD)
....ourt. The appeal is accordingly, dismissed but having regard to the facts and circumstances of the case we make no order as to costs; Ed. This Case is also Reported in: 25 DLR (SC) (1973) 5. .........................................................................Respondents Judgment December 9, 1970. The Displaced Persons (Compensation and Rehabilitation) Act, 1958, section 2(3) A person in order to qualify himself as a “displaced person” must have a permanent residence or su..Category: Property Law | Date: | Hits: 61
M/S. Bulbul Electric Market and others Vs. Rupali Bank Ltd. and another, 2006, 35 CLC (AD)
....dings and decisions arrived at by the High Court Division and as such the impugned judgment does not call for our interference. 8. This petition is therefore dismissed. Ed. ......in Adalat Ain (subject to section 7 of the said Ain) the proceedings, order, judgment and decree is not amenable to scrutiny by any other court. However Section 7 of the said Ain provides that any person aggrieved by judgment and decree passed by the Artha Rin Adalat may file an appeal to the Hi..Category: Banking Law | Date: | Hits: 112
Santipada Datta & others Vs. Satish Chandra Das and others, 2002, 31 CLC (AD)
....out any order as to costs and the suit is decreed without any costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 173. ......nbsp; 9. In the case of Mir Laik Ali vs. Standard Vacuum Oil Co. reported in 16 DLR (SC) 287 it has been held that: "When there is an invalid transfer in favour of a person and he holds possession of the property transferred as transferee, his possession is in his..Category: Property Law | Date: | Hits: 53
Bangladesh Biman Corporation & others Vs. Md. Yousuf Haroon & others, 2002, 31 CLC (AD)
....d without any order as to cost. Order of the Court By a majority decision the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 161. ......t petitions. In arriving at the above conclusion High Court Division found Regulation 11A(2) does not provide any principle or guideline nor fixed any criteria as to when, how and in respect of which persons an order of retirement can be made. Learned Advocate for the appellants referring to the afo..Category: Employment/Service Law | Date: | Hits: 186
Moulana Abdul Mannan Vs. Halima Khatun and ors, 2002, 31 CLC (AD)
.... The appeal is therefore allowed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 158. ...... and Afia also died. Therefore Halima Khatun, daughter of Afia Khatun applied for Mutwalliship of the waqf estate. The High Court Division observed that the Waqf Administrator could make any other person as Mutwalli from outside the category mentioned in the deed in the interest of the Waqf Esta..Category: Trust/Waqf Law | Date: | Hits: 209
Bangladesh Vs. Md. Naziur Rahman and others, 2002, 31 CLC (AD)
...., and the same is accordingly dismissed. Stay granted earlier is hereby vacated. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 157. ...... managed to pay 50% of the fine imposed and thereafter the order of detention was passed. From the judgment of the High Court Division it appears that it is in the back of mind of the Judges that a person who was in custody of the State as a prisoner cannot be a factor for deterioration of law an..Category: Criminal Law | Date: | Hits: 66
Abu Siddique and anr Vs. Government of the People’s Republic of Bangladesh, 2002, 31 CLC (AD)
.... Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 154. ......er. 4. In support of the Rule obtained by the writ petitioners it was also contended that power to make enquiry by the Bureau is not available against a private person. The High Court Division upon placing reliance on the decision of the Appellate Division rep..Category: Criminal Law | Date: | Hits: 58
Giasuddin and another Vs. State, 2002, 31 CLC (AD)
....on. There is no merit in this petition and the same accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 146. ......lice force came at the cross road at Khirodiya at about 16-35 hours where blood-stained dead body of deceased Mostafizur Rahman was found and also found rickshaw puller Jamaluddin along with other persons. On interrogation of the people present he came to know that on 18-4-1990 at about 10 in th..Category: Criminal Law | Date: | Hits: 47
Hiran Chandra Dey and anothers Vs. Md. Abdul Quyum and others, 2002, 31 CLC (AD)
....ame are allowed. There is no order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 126. ......said to be the daughter of Meherullah and thereupon full sister of Ilias Miah, the fact of PW 2’s being husband of Kulsuma remains legally unestablished. The Kabinnama or any other competent person if would have deposed about the fact of Kulsuma’s being wife of PW 2 that could have b..Category: Property Law | Date: | Hits: 55
Category: Property Law | Date: | Hits: 54
Jitendra Nath Mistry Vs. Abdul Malek Howlader and ors., 2002, 31 CLC (AD)
....smissed. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 106. ......e of oral evidence led by the defendants or in the absence of proof of any surrounding circumstances necessitating transfer of the property to meet the.situation in which transfer can be made by a person having limited interest, that recital in the patta Ext B dated 25th March, 1944 does not pro..Category: Property Law | Date: | Hits: 47
Delower Hossain Khan Vs. State, 2002, 31 CLC (AD)
....tance in the petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 101. ......or life and to pay a fine of Taka 3000 in default to suffer rigorous imprisonment for 3 months. The learned Additional Sessions Judge by the same judgment also convicted 3 other absconding accused persons namely, Akkel Ali, Kashem Ali and Omar Ali under sections 302/34 Penal Code and sentenced t..Category: Criminal Law | Date: | Hits: 76
Government of Bangladesh and others Vs. Bibi Marium and other, 2002, 31 CLC (AD)
....ause delay to the prejudice to the parties. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 100. ......ary Provision) Ordinance, 1985 (LIV of 1985), Section 5(1) (b) Since no notice as contemplated under section 5(1)(b) of the Ordinance was issued to the respondent or any other person inclusion of disputed property in the ‘Kha’ list of the abandoned building..Category: Property Law | Date: | Hits: 46
Government of the People’s Republic of Bangladesh Vs. SM Fariduddin, 2002, 31 CLC (AD)
....Nos. 4165 and 4380 of 2000 respectively are hereby set aside and the writ petitions are found to be not maintainable. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 95. ......houdhury CJ.- These two appeals are taken up for disposal as common question of facts and law are involved. 2. Both the writ petitioners were appointed Appraisers from surplus personnel and promoted to the post of Principal Appraiser on 26-11-1996 and their names have been ..Category: Employment/Service Law | Date: | Hits: 57
Hyundai Corporation Vs. Sumikin Bussan Corporation & others, 2001, 30 CLC (AD)
....he High Court Division. In aforestated view of the matter this petition is dismissed with the observations made hereinbefore. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 88. ......cise of the same for collateral purpose, transparency of the decision making authority is a recognized matter to find the right balance between administrative discretion and interest of the aggrieved person……………..(14) Lawyers Involved: Rokanuddin Mahmud, Senior Advocate, instructed..Category: Others | Date: | Hits: 130
Ilias Hussain (Md) Vs. State, 2002, 31 CLC (AD)
.... There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 78. ......ng on 5-10-1989 deceased Sabila Khatun died and from the evidence of PW 3 Dr Ahmed Ali Akon it appears that the death was the result of strangulation and the Doctor also found some injuries on the person of the deceased and the Doctor opined that the injuries he found were ante mortem and homici..Category: Criminal Law | Date: | Hits: 52
Bangabir Kader Siddiqui, Bir Uttam Vs. Government of Bangladesh, 2002, 31 CLC (AD)
..... There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 64. ......ladesh, 1972, Article 116 The Representation of the People Order, 1972, Article 91A The petitioner who fought the by-election cannot have any choice in the persons who are to act as members of the committee. The Election Commission accepted the formation ..Category: Election Law | Date: | Hits: 158
BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)
....se appeals. Accordingly, the same are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 36. ......2, Article 102 Petitioner cannot move the High Court Division under Article 102 of the Constitution to protect the interest of well-to-do people of the country, not having been personally aggrieved terming the same as Public Interest Litigation…………..Category: Constitutional Law | Date: | Hits: 199
Osman Gani Vs. State, 2002, 31 CLC (AD)
.... appellant and acquit him. The appellant be set at liberty if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 34. ......ppellant guilty. They are (1) that after the occurrence the appellant remained absconding till the filing of the charge sheet; (2) that the post mortem examination of the exhumed body shows on the person of the deceased marks of throttling; and (3) that the occurrence took place in the house of ..Category: Criminal Law | Date: | Hits: 55
Commissioner of Taxes, Dhaka (South) Zone, Dhaka Vs. Ujala Match Factory, 2002, 31 CLC (AD)
.... The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 23. ......llowance, conveyance allowance and leave which shall be payable or admissible to any worker employed in any State-owned manufacturing industry, and no such worker shall receive or enjoy, and no person shall allow to such worker any wage, bonus, leave, medical allowance, house rent allowance ..Category: Fiscal/Taxation Law | Date: | Hits: 66