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Mahmudul Islam Chowdhury Vs. Md. Sultanur Kabir Chowdhury and others, 1995, 24 CLC (AD)
....on of the said Order and was therefore an illegal order. The Election Tribunal found that the petitioner obtained 2795 votes higher than respondent No.1 in the remaining 72 polling stations. In the disputed I I polling stations he obtained 2040 votes and respondent No.1 obtained 5501 votes. As su......e matter we do not find any cogent reason to accept the submission of Mr. AR Yousuf. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 161 ..Category: Others | Date: | Hits: 119
Shaikh Mustainul Haque Vs. Inspector General of Police and others, 1995, 24 CLC (AD)
.... Police Officers (Special Provisions) Ordinance 1976 (Ordinance No.LXXXIV of 1976) as amended by the Public Officers (Special Provisions) Ordinance, 1982 (Ordinance No.XXII of 1982). 6. It is not disputed that the appellant filed his case before the Administrative Tribunal on 28.11.1989, that is...... briefly, the Act, impugning the said order of dismissal. 3. The Tribunal after hearing the parties allowed the case and set aside the order of dismissal by its judgment and order dated 11.8.1992 holding, inter alia, relying on the case of SA Ali vs. Secretary Establishment reported in 31 DLR (A..Category: Administrative Law | Date: | Hits: 111
Shahana Hossain Vs. AKM Asaduzzaman, 1995, 24 CLC (AD)
.... Division is set aside. The appellant is entitled to restitution in view of the disposal of the Miscellaneous Case by us. Ed. This case is also reported in: 47 DLR (AD) (1995) 155 ......of the Miscellaneous Case No. 275 of 1992 for restitution of possession under section 144 of the Code of Civil Procedure with Title Suit No.177 of 1994 in which the appellant was a defendant after holding that the trial Court dismissed the miscellaneous case on an erroneous view of law and there..Category: Property Law | Date: | Hits: 68
Superintending Engineer and others Vs. Kazi Asaduzzaman and others, 1995, 24 CLC (AD)
....e appellant sent a show cause notice to the respondent asking him to show cause why he shall not be removed from service on the charge of prolonged and continued absence from dudes. It is also not disputed that before the issuance of the show cause notice the respondent was directed to join his ......illness and the lower appellate Court having erroneously held that it was unnecessary to consider whether the plaintiff's absence was authorised or not, the High Court Division acted illegally in upholding the decree upon overlooking the same. 8. Heard Mr. Shamsul Haque Siddique, learned A..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. ......hands of the appellants and the absconding accused Golap. He stated in his examination‑in‑chief that at about 9‑00 PM he was returning from the bazar with a trunk on his head and his father was holding a hurricane lamp in his hand. His father was behind him. When leaving the main road they ent..Category: Criminal Law | Date: | Hits: 49
Director (Est. & Admin.) T & T Board, Tele Com Building Vs. Hasan Ahmed & anr, 1995, 24 CLC (AD)
....jurisdiction in setting aside the findings of the Tribunal. 13. In the result, the appeal is allowed with costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 143 ......ocate further contended that without any finding that the enquiry officer acted unfairly and against the principle of natural justice, the Appellate Tribunal acted in excess of its jurisdiction in holding that the respondent No.1 was not given any opportunity to defend himself before the enquiry..Category: Administrative Law | Date: | Hits: 138
Abu Taleb Vs. Government of Bangladesh, 1995, 24 CLC (AD)
....limit. 19. We have perused the entire synopsis as a whole, which it should be, including paragraphs 8 and 9 of the report, as the two Tribunals below have done. It is stated therein, which is not disputed, that, the radio telephone machineries of the Airport were made unserviceable by a section ......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..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. ...... parties were being held for resolving the problem, the opposition parties added yet a new demand namely, the ruling party must introduce a Bill in Parliament amending the Constitution to provide for holding at least three future parliamentary elections under a caretaker government; K. And Where..Category: Constitutional Law | Date: | Hits: 248
Halid Hamidul Huq Vs. Nafisa Chowdhury & ors., 1995, 24 CLC (AD)
....properties. They have also proposed themselves to be appointed as Trustees. 5. Respondent No. 8 the Editor of Bangladesh Observer, which is a commercial concern and which forms 'part of the disputed property, admits the creation of the Trust and supports the appointment of the appellant o......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 ..Category: Property Law | Date: | Hits: 76
Sadharan Bima Corporation Vs. Sanjib Kumar Das & another, 1995, 24 CLC (AD)
....ught on record many documents which were marked as exhibits,5. The trial Court found that the fact of taking out of the fire policy and the fact of fire and resulting loss to the plaintiff are not disputed matters. The survey report was not challenged by the appellant. Consequently the trial Cou......es of litigation, thereby substantially altering his position since the receipt of Ext.11. The appellant will now be estopped from taking refuge in condition No. 19. Hence although we are upholding the contention of the appellant with regard to the meaning of the words "pending actio..Category: Business or Commercial Law | Date: | Hits: 114
Yakub Ali Vs. State, 1995, 24 CLC (AD)
....may be considered proper in a particular case. In the instant case these provisions under Chapter XVI are not applicable because the Magistrate has not taken cognizance under section 200. It is not disputed that upon receiving a complaint of facts a Magistrate without taking cognizance under sect......xamined while the order was passed on the said complaint the proceeding is illegal and liable to be quashed. Mr. Karim in this connection submits that the High Court Division was entirely wrong in holding that the petition dated 1.10.1994 (Annexure‑"F") was not a petition of comp..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 ......death of his wife Velua Khatun on an unfounded suspicion that his wife was a woman of bad character". 7. Leave was granted to consider whether the High Court Division was right in holding that the suspicion of the accused appellant as to his wife's character was really unfounded..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 ...... 11. The High Court Division omitted to notice sub‑paragraph (6) and read it with sub‑paragraph (10) of the paragraph 19 of the Fourth Schedule of the Constitution. It clearly erred in holding that the said Rules of 1983 was repealed with the withdrawal of Martial Law on 10 November,..Category: Employment/Service Law | Date: | Hits: 117
C Q M H Md. Ayub Ali Vs. Bangladesh and others, 1995, 24 CLC (AD)
....89 passed by the Court of Settlement in Case No.668 of 1988 should not be declared to have been made/passed without lawful authority, etc. 4. The case of the appellant, briefly, is that the disputed house was originally allotted by the Government to one Md. Zahooruddin under memo dated 12......me abandoned property by operation of President's Order No. 16 of 1972 and vested in the Government. 7. The Court of Settlement by its judgment and order dated 23.5.1989 dismissed the case holding, inter alia, that the appellant has not acquired any right or interest in the disputed pro..Category: Property Law | Date: | Hits: 86
Shahidul Islam (Md) & anr Vs. Md. Sayedur Rahman and others, 1995, 24 CLC (AD)
.... we are reluctant to interfere with the interlocutory order of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 70 ......Division. 2. Plaintiffs filed the suit in a representative capacity and prayed for perpetual injunction restraining the defendants from installing or running any Rice, Dal and Wheat Mill in holding No. 40/1, Chawkbazar within Faridpur Municipal Area, on the allegations that the said holdi..Category: Civil Law | Date: | Hits: 95
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 ......the principle of natural justice and the respondent having not filed any affidavit‑in ‑reply denying the said contentions, the learned Judges of the High Court Division acted wrongly in holding that the order of discharge was passed without giving any opportunity to the respondent an..Category: Employment/Service Law | Date: | Hits: 134
Bangladesh Road Transport Corporation Vs. Aminur Rahman & another, 1995, 24 CLC (AD)
..... 7. In the circumstances, we do not think it to be a fit case for interference. The Petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 66 ......osed on the petitioner with a stigma of misconduct." 5. Mr. Shafique Ahmed, learned Counsel for the petitioner submits that the High Court Division was in error both in law and fact in holding that the order of removal was not in reality an order of removal simpliciter under Regulati..Category: Employment/Service Law | Date: | Hits: 101
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 ......to enter into the said facts for deciding the writ petition. Finally the Rule was made absolute. 15. Leave was granted to consider whether the High Court Division was justified in law and facts in holding that the grounds of detention served on the detenu were vague, indefinite and unspecified re..Category: Constitutional Law | Date: | Hits: 185
Sova Rani Guha alias Sova Rani Gupta Vs. Abdul Awal Mia and others, 1995, 24 CLC (AD)
....er entitlement under section 4 of the Partition Act, .1893 was not at all satisfactory. The appeal is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 45 ......r, having no authority to sign on behalf of the other defendants, and that the predecessor‑ in ‑interest of defendant No. 6, not being a party to the compromise, there was no basis for holding that the compromise decree in Title Suit No. 145 of 1954 was valid and legal. It is urged t..Category: Property Law | Date: | Hits: 51
Rabjel Mondal Vs. Didar Mondal and others, 1994, 23 CLC (AD)
....p; With this modification in the decree the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 41; 15 BLD (AD) 5. ......and by Ext. 1. Hence the plaintiff got 2.081/2 acres of land by the deed of gift. Alep Mondal had no heritable interest in the suit properties and so defendant No. 12 acquired no interest in the suit holding by purchase from the heirs of Aser Mondal. The plaintiff has been possessing her share in th..Category: Property Law | Date: | Hits: 146
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