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Ashequr Rahman (Md) Vs. Bangladesh Agricultural Research Institute, 2006, 35 CLC (AD)

....ment:                 Md Ruhul Amin J.-This appeal by the writ petitioner by leave is against the judgment and order dated April 11, 2000 of a Division Bench of the High Court Division in Writ Petition No. 2417 of 1...... that proceeding against him was not concluded within 180 days as per Regulation 43(8) of the Regulations. Accordingly, the appeal is dismissed without any order as to costs. Ed. ..

Category: Employment/Service Law | Date: | Hits: 92

Paper Converting & Packaging Ltd. Vs. Govt. of the People’s Repub of BD and ors, 2006, 35 CLC (AD)

....ve to appeal is hereby condoned for the reasons stated in the application for condonation of delay. 2. The plaintiff-petitioner seeks leave to appeal against the impugned judgment and decree dated 13-5-2001 passed by the High Court Division in First Appeal No. 97 of 1990 setting aside thos...... been accrued to the plaintiff-petitioner in respect of the same for any declaration or any permanent injunction as sought for in the instant suit. The petition is dismissed. Ed. ..

Category: Procedural Law | Date: | Hits: 93

Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)

....r. Amir-ul-Islam contended that the amended Article had destroyed the unitary character of the republic. He contended that the people of Bangla­desh in the proclamation of independence at Mujibnagar dated 10.4.71 incorporated fundamental norms of Government of the country including equality, so­ci......Petition No. 3 of 1989 is disposed of in terms of this Order. 6. There will be no order as to costs. Ed. This Case is also Reported in: (1989) BLD (Special Issue) 1, 41 DLR (AD) (1989) 165. ..

Category: Constitutional Law | Date: | Hits: 1934

Mizazul Islam @ Dablu Vs. State, 1989, 18 CLC (AD)

....fuddin Chaklader, Advocate-on-Record— For the Appellant. Bakhtiar Hossain, Advocate-on-Record — For the Respondent (State). Criminal Appeal No. 18 of 1988. (From The Judgement and order dated 11.5.87 passed by the High Court Division, Jessore Session, Jessore in Death Reference No. 2 o...... High Court Division is set aside. Conviction and sentence of ac­cused Mizazul Islam @ Dablu is set aside and he is acquitted of the charge. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 157..

Category: Criminal Law | Date: | Hits: 159

Md. Badruddin Moral and others Vs. Santosh Kumar Sen and others, 1989, 18 CLC (AD)

....8/85. The suit was for declaration of Title and further that the S.A. Khatian was wrong. Some of the defendants filed written statement raising, amongst others, the plea of res-Judicata. 3. On the date of peremptory hearing of the suit (9.3.85) the plaintiffs filed a petition for with­drawing th......he suit they may do so and it will be disposed of in accor­dance with law. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 156. ..

Category: Procedural Law | Date: | Hits: 110

Tayeb Ali and others Vs. State, 1989, 18 CLC (AD)

....or the Appellants. B. Hossain, Assistant Attorney-General, in­structed by M.R. Khan, Advocate-on-Record— For the Respondent. Criminal Appeal No. 27 of 1986. (From the Judgement and order dated 4 August 1985 passed by the High Court Division, Dhaka, in Criminal Ap­peal No. 132 of 1983).......and s.148 in the case of Tayeb Ali, are maintained. The appeal is dismissed in the case of Budhai alias Abdul Jabbar, Lokman Ali and Pir Ali. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 147..

Category: Criminal Law | Date: | Hits: 49

Bangladesh House Build­ing Finance Corporation Vs. Abdul Mannan, 1989, 18 CLC (AD)

....tructed by Sharifuddin Chaklader, Advocate-on-Record—For the Respondent Nos. 1-6 and 9-10. Respondent Nos, 7, 8, 11-17: Ex-parte. Civil Appeal No. 1 of 1987. (From the Judgement and order dated 17.2.1986 passed by the High Court Division, Chittagong Bench, Chittagong in Civil Revision No......here. There is no scope for advancing any argument on supposed notions. In the result, therefore, this appeal is allowed with cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 143. ..

Category: Property Law | Date: | Hits: 41

Syed Nizamuddin Mohsin Vs. People's Republic of Ban­gladesh, 1989, 18 CLC (AD)

.... The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), section 86(1) (2) (3) as amended by the State Acquisition and Tenancy (Fourth Amendment) Order, 1972 (President's Order No. 135 of 1972) dated 4.11.1972. The plaintiffs’ claimed that the land reformed in situ. In view of the clear fi......answer to the question raised in this case is in the affirmative. The appeal is, accordingly, dis­missed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 141 ..

Category: Property Law | Date: | Hits: 42

Maria Keshi D'Rozario Vs. Hassan Movies Ltd., 1989, 18 CLC (AD)

....rotect the tenant from ejectment for default. 2. Respondent landlord created a monthly tenancy in favour of the appellant by letting a shop room in the Balaka Building tinder an Agreement of Lease dated 1 September 1978 for the period ending by 31 December 1983 at a rent of Tk.600/- per month, wh...... do not think that these are not deposits in the eye of law. In the result, the appeal is allowed without, however, any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 135..

Category: Property Law | Date: | Hits: 45

Mozibur Rahman Vs. Chairman, Dhaka Improvement Trust, 1989, 18 CLC (AD)

.... by Md. Aftab Hossain, Advocate-on-Record— For the Respondent No.1. Respondent No. 2 — Ex-parte. Civil Appeal No. 34 of 1987. (From the Judgement passed by the High Court Division Dhaka dated 8.4.87, in Writ Petition No. 120 of 1985). Judgment: A.T.M. Afzal J. — This appeal by ......egally and without any lawful authority. Let there be a fresh selection for promotion to the post of Executive Engineer as soon as possible. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 131..

Category: Employment/Service Law | Date: | Hits: 89

Samiruddin Ahmed alias Samir Mia alias Md. Samirud­din Vs. State, 1987, 16 CLC (AD)

....e offence under section 448 Penal Code and accordingly convicted; him thereunder and sentenced him to a fine of Tk.1000/- in default to rigorous imprison­ment for one month-by his judgment and order dated 25.4.83. He further directed the appellant under sec­tion 522(1) of the Code of Criminal Proc......­lowed. The impugned orders of conviction and sen­tence as also that of restoration of possession arc set aside. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 129, 1988 BLD (AD) 157. ..

Category: Criminal Law | Date: | Hits: 59

Abdul Jalil Vs. Bangladesh House Buil­ding Finance Corporation & another, 1989, 18 CLC (AD)

....e with him, instructed by Md. Altab Hossain, Advocate-on-Record—For the respondent No. 2. Civil Appeal No. 6 of 1988 Judgement: A.T.M. Afzal J. — This appeal by leave is from an order dated 27 October, 1987 passed by a Di­vision Bench of the High Court Division, Dhaka re­jecting th......im in connection with the auction sale as also the amount of Tk. 75,000/- to be deposited by the appellant. Parties will bear their own cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 109..

Category: Property Law | Date: | Hits: 30

Soleman Miah & others Vs. Ishaque Ali being dead his heirs Jairun Nessa & ors, 1989, 18 CLC (AD)

....e Code of Civil Proce­dure which was rejected by the Learned Munsif on 9.1.85. This order has been upheld in revision by a single judge of the High Court Division, Sylhet Bench by the impugned order dated 11th February 1985. 2. Leave was granted to consider whether the stay of execution of the d......dance with law after expiration of the aforesaid period. The appeal is disposed of in the aforesaid terms without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 104..

Category: Civil Law | Date: | Hits: 106

Hazi Waziullah Vs. Additional Deputy Com­missioner, Revenue, Noakhali, 1989, 18 CLC (AD)

....9-11. Civil Appeals Nos. 77 and 78 of 1984 Judgement Shahabuddin Ahmed J.- These two ap­peals by special leave, at the instance of the plain­tiffs, have arisen out of a judgment and decree dated 5 April 1984 of the High Court Division (Comilla Bench) modifying the judgment and decree date......d with costs. The impugned judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 97, 1989 BLD (AD) 135. ..

Category: Procedural Law | Date: | Hits: 146

A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)

....ent of Returning Officers, Assistant Returning Officers, Presiding Officers and Polling Officers for the conduct of election, and powers and duties of such officers; (b) the nomination of candidates, objections to nominations and scrutiny of nominations; (c) the deposits to be made by ......rting with these cases, we would like to put on record our appreciation for the valuable as­sistance rendered by the learned Counsels. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 68. ..

Category: Election Law | Date: | Hits: 165

Executive Engineer, Pub­lic Health, Barisal Divi­sion Vs. Mohammad Ali & ors, 1989, 18 CLC (AD)

....of 1980 in the Court of Munsif, Second Court, Barisal for a dec­laration that defendant No.2 Superintending Engineer, Public Health Engineering, in short P.H.E., Khulna Circle by his Memo N0.1207/KC dated 25.4.1977 (vide Annexure-A) illegally initiated a departmental proceeding against him and by h......period of the plaintiffs unauthorised absence from 21.6.75 to 25.4.77. We uphold the appellate Court's order and dismiss the appeal. No costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 64..

Category: Employment/Service Law | Date: | Hits: 103

Sheikh Abdus Sabur Vs. Returning Officer, District Education Officer-in-Charge, Gopalganj & others, 1988, 17 CLC (AD)

....ocate-on-Record— For Respondent Nos. 1-3. Not represented. —Respondent Nos. 4-3 & 10-11. Civil Appeal No. 3 of 1988 Judgement Badrul Haider Chowdhury J. — Appel­lant was a candidate for election to the office of Chairman of Borashi Union Parishad in the district of Gopalganj w......the learned Attorney-General for making available all the books cited by the parties in this case. For the reasons, the appeal fails. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 30 ..

Category: Election Law | Date: | Hits: 212

Haroon Moten Vs. Mahaluxmi Bank Ltd. & others, 1989, 18 CLC (AD)

....t moratorium from the High Court and for that purpose submitted a Scheme of Arrangement duly approved in a general meeting of the creditors. The Court sanctioned the Scheme of Arrangement by an order dated 4th August, 1950 and allowed the moratorium in terms of the Scheme of Arrangement, but the ban......s of the same transaction by fraud and collusion will fall together being void ab initio. In the result, the appeal is dismissed with costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 8..

Category: Banking Law | Date: | Hits: 103

Maqbul Hossain & others Vs. Bangladesh Milk Producers’ Co-Ope­rative Union Ltd., 1985, 14 CLC (AD)

....instructed by Syed Sakhawat Ali, Advocate-on-Record—For the Appellant. Ex-parte—For the Respondent. Criminal Appeal No. 8 of 1984. (From the judgment and order dated 27.10.83 passed by the High Court Division in Criminal Ap­peal No. 307 of 1983.) ......t, therefore, this appeal is allowed and it "is remanded to the High Court Division for disposal in accordance with law. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 38. ..

Category: Labour and Industrial Law | Date: | Hits: 98

Bangladesh Vs. Jalaluddin Ahmed, 1985, 14 CLC (AD)

..... W. Mian, Advocate-on-Record- For the appellant. Shahabuddin Ahmed, Advocate-on-Record— For the respondent. Civil Appeal No. 49 of 1983. (From the Judgment and Order dated 10 August 1981 passed by the High Court Division in F.M.A. No, 142 of 1974). Judgment......igh Court Division is set aside and that of the trial court is restored. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 27. ..

Category: Civil Law | Date: | Hits: 111