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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. ......ers Involved: B Hossain, Deputy Attorney-General instructed by Md. Sajjadul Huq, Advocate-on -Record—For the Petitioners. Nurul Haque Miah appeared in person—For the Respondent No. 1. Not represented—Respondent No. 2...Category: Administrative Law | Date: | Hits: 93
Nuruzzaman (Md) Vs. Moazzem Hossain and others, 2001, 30 CLC (AD)
.... of the Civil Revision No. 1900 of 1991 before the High Court Division. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 56. ......gment and decree of the Appellate Court and the High Court Division by order dated 28-7-1997 discharged the Rule holding that the same had become infructuous as the Rule was obtained against a dead person showing him as alive. The fact revealed that in the appeal filed on behalf of the responden..Category: Property Law | Date: | Hits: 46
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 ......sp; The Abandoned Buildings (Supplementary Provision) Ordinance, 1985 (LIV of 1985), Section 5(1) (b) An abandoned property in possession of a person can only be included in the “Kha” list of abandoned buildings in respect of whic..Category: Property Law | Date: | Hits: 69
Rajib Kamrul Hasan and 3 others Vs. State, 2001, 30 CLC (AD)
.... and sentence are maintained. Criminal Appeal No.31 of 1999 is allowed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 50. ......hman). 2. The prosecution case, in short, is that Shiriu Kona Biswas lodged a first information report on 18-9-1995 at 22-15 hours at Motbaria Police Station against 8 accused persons on the allegations that on 9-8-1995 at about 11-00 AM she went to Barisal BM College to pr..Category: Criminal Law | Date: | Hits: 72
State Vs. Faisal Alam Ansari, 2001, 30 CLC (AD)
....ntly, the appeal is allowed and the impugned judgment and order set aside. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 43. ......on of Bangladesh. 9. The learned Advocate has argued about the constitutional validity of the arrest and detention in custody. Article 32 reads as follows ‘No person shall be deprived of life or personal liberty saved in accordance with law”. ..Category: Criminal Law | Date: | Hits: 68
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. ...... the Commission shall be subject to the provisions of any law made in that behalf by the President. Sub-article (9) of Article 118 speaks that when the Election Commission consists of more than one person, the Chief Election Commissioner shall act as the Chairman thereof. This is about the estab..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. ......s 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 maintain separate list of seniority of different categories of personnel for promotion and respondents 1 and 2 are not entitled to be promoted on the basis of non..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. ...... Article 135 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………&helli..Category: Administrative Law | Date: | Hits: 137
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 ......t otherwise appears to him that probate or letters of administration ought not to be granted in his Court. Explanation.‑"Contention" means the appearance of any one in person, or by his recognized agem, or by a pleader duty appointed to act on his behalf, to oppose ..Category: Property Law | Date: | Hits: 67
Superintending Engineer and others Vs. Kazi Asaduzzaman and others, 1995, 24 CLC (AD)
....not require the authority to do so. Rule 7(2) of the 1976 Rules provides as follows: 7(2). If the accused so desires, or if the authority so directs, an inquiry officer or a Board of Inquiry, to be appointed under rule 10, shall hold an inquiry at which oral evidence shall be hear......admitted and documentary evidence relevant or material in regard to the charge shall be considered. The accused shall be entitled to cross examine the witnesses against him, to give evidence in person and to have such witnesses called for the defence as he may wish. The person presenting the..Category: Property Law | Date: | Hits: 124
Forkan alias Farhad and and another Vs. State, 1995, 24 CLC (AD)
....Penal Code against the appellants have been proved beyond the shadow of reasonable doubt. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 149. ......bdur Rashid and also inflicted number of blows on Jaj Mia. As a result of those blows Abdur Rashid died on the spot. Jaj Mia who was critically injured came home running with bleeding injuries on his person and disclosed that his father Abdur Rashid had been murdered on the eastern side of their hom..Category: Criminal Law | Date: | Hits: 49
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......azette Notification dated 1.3.87 the Government constituted a 4‑Member Enquiry Committee (a) to determine the reasons of the incident that took place on the 19th February, 1987; (b) to identify the persons responsible for the incident and (c) to enquire into any other matter which the Committee th..Category: Administrative Law | Date: | Hits: 175
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. ......d Parliamentary Affairs with a request to place the Reference before the Chief Justice. The reference could not be addressed in that manner because the Reference was not to be to the Chief Justice in person but to the Court and the Registrar was the proper person to be addressed in such matter and i..Category: Constitutional Law | Date: | Hits: 248
Halid Hamidul Huq Vs. Nafisa Chowdhury & ors., 1995, 24 CLC (AD)
....ay 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 ......District Judge, First Court Dhaka, praying for his appointment as a trustee of a Trust created by his father, Hamidul Huq Chowdhury, or in the alternative for appointment or election of a suitable person as the Trustee for proper management of the Trust property. Mr. Hamidul Huq Chowdhury had on..Category: Property Law | Date: | Hits: 76
Abdul Munern Chowdhury @ Momen Vs. State, 1995, 24 CLC (AD)
..... 5. There is thus absolutely no reason to interfere in this matter. The petition is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 96 ......s wrongly rejected ignoring the age of the petitioner as entered in the registration card produced by him. 3. Under section 66 of the Children Act it is for the Court to consider whether a person charged with an offence and brought before it for trial appears to be a child or not and the..Category: Criminal Law | Date: | Hits: 66
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 ...... the execution case ought to have been allowed. We see no substance in this contention of Mr. Karim, for, the High Court Division has rightly held that rule 29 of Order 21 applies only in case of a person who challenges the decree under execution in a subsequent suit which is not the case here. ..Category: Civil Law | Date: | Hits: 109
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. ......n abandoned property under that Order to be illegal or invalid or directing the Government or any officer or authority subordinate to it to return, restore or transfer the building to any person, or (b) a suit, appeal, application or other legal proceeding is pending befor..Category: Property Law | Date: | Hits: 86
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 ......ic charges contained in the charge‑sheet dated 8.5.86 requiring him to submit his written reply within 7 days and asking him to indicate if he wishes to be heard before the Enquiry Officer in person. The respondent submitted a reply to the charge‑sheet on 14.5.86. Thereafter he was gi..Category: Employment/Service Law | Date: | Hits: 134
Afia Khatoon Vs. Mobasswir Ali and others, 1995, 24 CLC (AD)
....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 ......er the name of 'Elahi Timber' at Biswanath Bazar with a view to Like forcible possession thereof and in course of the occurrence there the accused opened gun fire which resulted in the death of two persons, namely, Mahabbat Ali and Jamshed Ali. This First Information Report gave rise to GR Case ..Category: Criminal Law | Date: | Hits: 57
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 ......ent and Anti‑State activities. The words "Anti Government" and "Anti‑State activities" without any particulars of the manner of the activities are too vague and broad to be understood by any person. So, unless the particulars constituting the alleged Anti‑Government and Anti‑State acti..Category: Constitutional Law | Date: | Hits: 185
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