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Hafizuddin (Md) & 3 ors Vs. Bangladesh Bank, represented by Governor & ors, 1997, 26 CLC (AD)
.... made any submission on this finding. 15. We find no ground for interference. The petitions are dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 147 ......ed for violation of their service condition if no order or decision or action was taken/passed against them by an administrative authority. Mr. Amirul Islam further submits that an aggrieved person can come directly to the Administrative Tribunal without having to wait for a decision order..Category: Administrative Law | Date: | Hits: 159
Ansarul Haque Vs. Abdur Rahim and 4 others, 1997, 26 CLC (AD)
....t’s the special circumstance of this particular case. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 145 ......lip;……………….. Respondents Judgment January 29th, 1997 Lawyers Involved: Ansarul Huque, Petitioner in person. Awlad Ali, Senior Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record..Category: Criminal Law | Date: | Hits: 93
Dhaka Vegetable Oil Ind. Ltd. Vs. Commissioner of Taxes, Dhk. (North) Zone, Dhaka, 1997, 26 CLC (AD)
....vanced by Mr. Rafiqul Huq. In the result both the appeals are allowed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 136 ......made after receipt of the Circular dated 2-8-80 and on the basis of the audit reports as instructed in the Circular. The Appellate Joint Commissioner of Taxes noted in the appellate order that he personally looked into the audit reports. In other words, he was satisfied that the appellant was p..Category: Fiscal/Taxation Law | Date: | Hits: 120
Abdul Khaleque and Others Vs. Md. Hanif and Others, 1997, 26 CLC (AD)
.... can be made on the merit as well. The petition is dismissed and the stay order granted earlier is hereby vacated. Ed. This case is also reported in: 49 DLR (AD) (1997) 134 ......e and Anti-Terrorism Tribunal, Comilla and at that stage an application under section 494 of the Code of Criminal Procedure was filed by the Public Prosecutor for withdrawal of the case against 43 persons out of 62 accused. The trial Judge found that 37 accused persons were absconding and the Co..Category: Criminal Law | Date: | Hits: 63
Abdur Rouf (Md) Vs. Abdul Hamid and others, 1997, 26 CLC (AD)
....tted any illegality in affirming the decision of the trial Court. The petition is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 423, 49 DLR (AD) (1997) 133 ...... to collect rent from defendant No. 2 Abdul Khaleque at Taka 60.00 per month. Plaintiff served an Advocate’s notice to defendant No. 2 to hand over vacant possession to the plaintiff for his personal necessity. Defendant No. 2 paid rent to the plaintiff upto the month of November, 1981 on ..Category: Property Law | Date: | Hits: 61
Sirajul Islam Chowdhury and others Vs. Md. Jainal Abedin & ors., 1997, 26 CLC (AD)
....age. The defendant- appellants are directed to pay the said amount within one month. There will be no order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 164 ......to put the appeal in its true perspective. 10. Trespass is a wrong in tort to another’s possession and it is actionable per se without proof of actual or special damage, because every person’s land is presumed to be surrounded by a fence, and the law encircles the land with an..Category: Admiralty Law or Maritime Law | Date: | Hits: 213
Shamsuddin Ahmed Chowdhury Vs. State and another, 1997, 26 CLC (AD)
....ourt Division did not commit any illegality in discharging the Rule. The appeal is dismissed. Ed. This Case is also Reported in: 2 MLR (AD) 1997, 119, 49 DLR (AD) (1997) 159 ......omplaint case No. 116 of 1983 arises out of a petition of complaint filed by Nurul Anwar who was accused No. 1 in OR Case No. 835 of 1984, 1 This petition of complaint was filed against 11 accused persons including Jafar Ahmed who was the complainant in other OR Case No. 835 of 1984 before the C..Category: Criminal Law | Date: | Hits: 72
State Vs. Abdul Khaleque alias Abdul Khaleq Howlader, 1997, 26 CLC (AD)
....nt Bench. The respondent will continue to remain on the same bail already granted to him till the disposal of the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 154 ......, however, again started and at about mid-day respondent Abdul Khaleq Howlader aimed with a gun and accompanied by his companions who were variously armed again came to the polling centre. The said persons entered into the polling centre and started committing ‘vote dacoity’. The dece..Category: Criminal Law | Date: | Hits: 77
AFB Jahan Mia (Md) Vs. Chairman, National Board of Revenue and others, 1997, 26 CLC (AD)
....all the above reasons we do not find any ground for interference. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 122 ......n may be made by law for the reorganization of the service of the Republic by the creation, amalgamation or unification of services and such law may vary or revoke any condition of service of a person employed in the service of the Republic.” 10. To provide for the reorgani..Category: Administrative Law | Date: | Hits: 140
State Vs. Jobaida Rashid, 1997, 26 CLC (AD)
....t Division committed no error either in law or on fact as would call for interference by this Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 119. ......ided in giving a short reply to the submissions made before us on behalf of the State. 11. It appears from the charge-sheet the respondent who has been lastly named in the long list of the accused persons was alleged to have entered into a criminal conspiracy along with the army officers and the ..Category: Criminal Law | Date: | Hits: 115
Nesar Ahmed also known as Babul Vs. Government of Bangladesh, 1997, 27 CLC (AD)
.... more are set aside. The appellant be set at liberty forth with if not required in connection with any other case. Ed. This case is also reported in: 49 DLR (AD) (1997) 111 ...... that the gram police of the said Union on being directed to siren patrolling in the night to prevent theft, dacoity, hijacking, etc., then taking place in various villages of the Union, found 6/7 persons moving suspiciously on the road of Bogalia Amishapara at village Paschim Doupatpur towards ..Category: Criminal Law | Date: | Hits: 98
Noor Jahan Begum and another Vs. State, 1996, 25 CLC (AD)
....Magistrate himself and the High Court Division acted properly in summarily rejecting the application. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 106. ......out jurisdiction in taking cognizance of the case. 3. Under section 23 of the Immigration Ordinance, 1982 it is an offence to demand or receive or attempt to receive, for himself or for any other person, any money or other valuable thing, if the person is not a recruiting agent, punishable with ..Category: Criminal Law | Date: | Hits: 149
Nasima Begum Vs. Government of Bangladesh, 1997, 26 CLC (AD)
....ld in custody without lawful authority. Let the detenu be set at liberty forthwith if not wanted in any other connection. Ed. This case is also reported in: 49 DLR (AD) (1997) 102 ......, several criminal cases filed against the detenu and mentioned in the grounds of detention are false and that the detenu had been falsely implicated in the said cases at the instance of interested persons inimical towards him. It was also urged that the respondents did not file any affidavit-in..Category: Criminal Law | Date: | Hits: 99
Chitta R Chakraborty being dead, his heirs Ashish C. & ors Vs. Md. A. Rob, 1997, 26 CLC (AD)
.... result, this appeal is allowed without any order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 96 ......f the impugned kabala upon payment of ad valorem court fees. 8. The most relevant provision of law in this behalf can be found in section 39 of the Specific Relief Act which reads thus: “Any person against whom a written instrument is void or voidable, who has reasonable apprehension that s..Category: Tenancy Law | Date: | Hits: 88
Ezaher Meah & others Vs. Shaher Banu and others, 1997, 26 CLC (AD)
.... legal position we find no substance in the contention of the petitioners. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 85 ......took a different view in Kali Charan Singh and another vs. Janak Deo Singh and others, AIR 1932 All 694, Sulaiman, CJ who spoke for the court expressed himself thus: “When a person with knowledge of a previous contract of sale purchases the property the purchase is voidab..Category: Property Law | Date: | Hits: 73
Rupe Jahan Begum and others Vs. Lutfe Ali Chowdhury and others, 1997, 26 CLC (AD)
.... result, this appeal is allowed with costs and the impugned judgment and order of the High Court Division stand set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 73 ......ectionate to him. He purchased schedule 1 land in her name by means of a Kabala dated 9 July 1952 on payment of the entire consideration. Similarly, he purchased schedules 2-5 lands from different persons by the kabalas dated 10 September 1956, 5 November 1956 and 9 September 1957 with his own mo..Category: Procedural Law | Date: | Hits: 140
Mohsin Mia Vs. Bangladesh, 1997, 26 CLC (AD)
....foresaid principles and not on any legal right before any order of restraint is passed. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 66 ......ernment must not act arbitrarily and to satisfy the requirement of non-arbitrariness in a State action in is necessary to consider and give weight to the reasonable or legitimate expectation of the person likely to be affected by the decision. He referred to AIR 1993 SC 1601, Food Corpn. of Indi..Category: Constitutional Law | Date: | Hits: 149
Abdul Jalil Miah (Md) Vs. Niropama Ritchil and ors., 1997, 26 CLC (AD)
....sion, although on different reasonings. In the result the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 426, 49 DLR (AD) (1997) 61 ......ion to his own to make up the period of 12 year possession. The period of adverse possession thus falls short by about 3 years. In order to claim title by adverse possession it is incumbent upon a person to prove that he has been in continuous possession of the disputed property over the statuto..Category: Property Law | Date: | Hits: 72
Mofizul Huq Vs. Mofizur Rahman and others, 1997, 26 CLC (AD)
....cost and the impugned judgment and order; are set aside. Ed. This case is also reported in: 48 DLR (AD) (1996) 121, 49 DLR (AD) (1997) 38 ......s. (1)…………………………………………………….. (2)A person shall be disqualified for election or nomination as or for being, a Chairman or a member if-..Category: Others | Date: | Hits: 85
Bangladesh Vs. Abdul Latif Chokder , 1997, 26 CLC (AD)
.... was granted. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 393, 49 DLR (AD) (1997) 29 ......e ambit of section 4 of the Act from 25th September, 1984. In that case the order of termination was challenged in suit and the respondent spent about six years’ time seeking remedies before persons or other authorities not contemplated in sub-section (2) of section 4 of the Act. In ..Category: Administrative Law | Date: | Hits: 106
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