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Displaying 4141-4160 of 4179 results.

Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)

....ellant should be given locus standi to maintain the writ petition on their behalf. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 1, 17 BLD (AD) 1997, 1; 1 BLC (AD) (1996) 189. ......ividual in common with others when the rights pervade and extend to the entire population and territory: Per Mustafa Kamal J delivering The Full Court Judgment………. (44) Article 102 “Any person aggrieved”—interpreting the words “any person aggrieved” meaning only and exclusively..

Category: Constitutional Law | Date: | Hits: 450

Shahinur Alam (Md) Vs. People’s Republic of Bangladesh and others, 1998, 27 CLC (AD)

....he submission of the learned Advocate. No case for leave has been made out.  The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 211. ......he submission of the learned Advocate. No case for leave has been made out.  The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 211. ..

Category: Administrative Law | Date: | Hits: 133

Government of Bangladesh and another Vs. Mashiur Rahman and others, 1998, 27 CLC (AD)

....udge, 1st Court. Dhaka is allowed and Title Suit No.142 of 1986 is restored to its original file and number.  Ed. This Case is also Reported in: 50 DLR (AD) (1998) 205. ......nding of fraud by the trial Court, wrongly upheld the trial Court’s judgment and order upon taking an absolutely erroneous view that without holding an inquiry to fix up the liability of the person who had committed fraud by suppressing the defendant’s application dated 4-1-88 for ad..

Category: Property Law | Date: | Hits: 76

Bangladesh Vs. AKM Yousuf Mia & others, 1998, 27 CLC (AD)

....trative Appellate Tribunal is set aside and that of the Administrative Tribunal is restored.  Ed. This Case is also Reported in: 50 DLR (AD) (1998) 200; II ADC (2005) 520. ......an, Additional Attorney-General (Sharifuddin Chaklader, Assistant Attorney-General with him), instructed by Shamsul Haque Siddique, Advocate-on-Record— For the Appellant. Appeared in person - Respondent No. 1.  Not Represented -For the Respondent Nos. 2-6. Civi..

Category: Administrative Law | Date: | Hits: 119

Akhteruzzaman Vs. Ali Amjad Khan and others, 1998, 27 CLC (AD)

....case to call for an interference.  The petitions, therefore, merit no leave and are dismissed.  Ed. This Case is also Reported in: 50 DLR (AD) (1998) 199. ......ly instituted the suits for specific performance of the contracts for sale, the trial Court as well as the appellate Court committed an error of law in appointing the Receiver upon the prayer of a person who is not the owner, inasmuch as it was not just and convenient to keep the property under ..

Category: Property Law | Date: | Hits: 87

Bangladesh Krishi Bank Vs. Meghna Enterprises and another, 1998, 27 CLC (AD)

....ourt Division is not sustainable in law. Consequently, both the appeals are allowed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 194; 52 DLR (AD) (2000) 57. ......Officer had signed the Certificate in a mechanical manner without applying his mind as to whether the amount signed was actually due when the amount was not admitted or determined by an authorised person; that Section 10A of the Public Demands Recovery Act violates the principle of natural justi..

Category: Business or Commercial Law | Date: | Hits: 150

Shinepukur Holdings Ltd. & others Vs. Securities and Exchange Commission & another, 1998, 27 CLC (AD)

....eived because he himself could set aside the order of the CMM which was actually prayed for. All the petitions are dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 189. ...... of the Ordinance, that the provisions of law were not complied with, that there was no application of mind by the CMM in taking cognizance, that the issuance of warrant of arrest against the accused persons instead of summons without showing reasonable grounds was contrary to law for which the accu..

Category: Business or Commercial Law | Date: | Hits: 163

Meghna Petroleum Limited Vs. Commissioner of Taxes (East Zone) Dhaka, 1998, 27 CLC (AD)

.... forthwith to the High Court Division for taking necessary steps in accordance with the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 165. ...... differential in favour of the Corporation was a clear case of diversion of income by over-riding title and that it is established law that income so diverted cannot be assessed in the hands of the person diverting it.  10. The Appellate Tribunal without applying its mind to the poi..

Category: Fiscal/Taxation Law | Date: | Hits: 97

Bangladesh Vs. Mahbubuddin Ahmed, 1998, 27 CLC (AD)

....against him at any time.  For the reasons, however, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 154. ...... The Constitution of Bangladesh, 1972, Article 102 (i) Whether an order of dismissal from service under MLO No. 9 was effective or not for non-communication of the same on the affected person can be decided by the Administrative Tribunal and for this exercise judicial review was not ..

Category: Administrative Law | Date: | Hits: 125

Bangladesh Railway and ors. Vs. Pranab Kumur Chakraborty and ors., 1996, 25 CLC (AD)

....wed without any order as to costs. The impugned judgment and decree passed by the High Court Division are set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 150. ......f Estate Officer of the Bangladesh Railway accepted the proposal on behalf of the Railway Administration and agreed to transfer the land to the plaintiffs; but the Chief Estate Officer or any other person on behalf of the Bangladesh Railway was not the proper authority for transferring the acqui..

Category: Administrative Law | Date: | Hits: 130

Shahidullah (Md) Vs. Abdus Sobhan Talukder and others, 1996, 25 CLC (AD)

....ing arrived at a correct finding as to the position of law we find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 146. ...... The petition is dismissed. The Waqfs Ordinance, 1962 (I of 1962), Section 64 Remedy of an appeal to the District Judge under section 64(2) of the Waqfs Ordinance is available to an aggrieved person only after his eviction by the Deputy Commissioner concerned has taken place. Section 64 does..

Category: Property Law | Date: | Hits: 91

Showkat Hossain Akanda Chowdhury Vs. State, 1997, 26 CLC (AD)

....The order of conviction is therefore set aside.  The petition is disposed of in the above terms.  Ed. This Case is also Reported in: 50 DLR (AD) (1998) 128. ......n for Leave to Appeal No.50 of 1993.  Judgment                   ATM Afzal CJ.- There was a person named Sabirul Hossain Akanda Chowdhury who had two daughters, namely, Jamuda Akhter Khatoon..

Category: Criminal Law | Date: | Hits: 92

Khandoker Saiful Islam Vs. State, 1997, 26 CLC (AD)

....o other point has been urged. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 126. ......the case must be such that the informant party was carrying on or was about to carry on an assault of such nature. Carriage of weapons by the two sides, established by evidence, saddle the accused persons with disproportionate amount of armed preparation. In the absence of any evidence that the ..

Category: Criminal Law | Date: | Hits: 96

Sadaruddin Ahmed Chisty Vs. Bangladesh and others, 1998, 27 CLC (AD)

....ed to in sub-section (1) of section 99A. We therefore do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 119. ...... 2. Eight books written by the petitioner were forfeited by the Ministry of Home Affairs by a Notification dated 8-12-93 published in the Bangladesh Gazette on 30-12-93. Two books written by another person were also similarly forfeited by the Government by a separate Notification of the same date. ..

Category: Others | Date: | Hits: 122

Atiqullah (Md) Vs. Sanawara Begum and others, 1998, 27 CLC (AD)

....ance in the contention of the learned Counsel for the petitioner.  The petition is accordingly dismissed.  Ed. This Case is also Reported in: 50 DLR (AD) (1998) 112. ......……….Respondents  Judgment July 7, 1996.  The Small Cause Courts Act, 1887 (IX of 1887) Section 25  Once it is established that the person is a tenant he cannot be permitted during the continuance of the tenancy to resist a suit fo..

Category: Property Law | Date: | Hits: 69

Advocate Md. Abdul Hamid Vs. Md. Fazlur Rahman, 1998, 27 CLC (AD)

....reason to differ from the said view. For all these reasons we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 80. ......998. Result: The petition is dismissed. The Representation of People Order, 1972, Art. 50, 51(2) & 58 (a) Article 50 provides who are to be impleaded but does not prohibit any other person to be impleaded, considered necessary by the petitioner, for proper adjudication. So joining ..

Category: Election Law | Date: | Hits: 168

Aung Shwe Prue Chowdhury Vs. Kyaw Sain Prue Chowdhury and others, 1997, 26 CLC (AD)

....gladesh Gazette on 21-11-96 is declared to have been made and issued without lawful authority and of no legal effect. Ed.   This Case is also Reported in: 50 DLR (AD) (1998) 73. ......ivision held that succession to the Chiefship of the Bohmong Circle is regulated by the customs and usages of the tribe. Fitness as well as seniority are to be considered as a custom in recognising a person as the Chief of the Bohmong Circle. In the absence of any provision in the Chittagong Hill Tr..

Category: Civil Law | Date: | Hits: 203

Bangladesh Vs. AM Mansur Ahmed & others, 1997, 26 CLC (AD)

....the Government Servants (Discipline and Appeal) Rules 1985 on the charges of corruption and misconduct. Respondent No.3 the Director General of Fire Service and Civil Defence appointed a three-member Inquiry Board to enquire into the charges. The enquiry ended in a report finding respondent No.1 gui......wances during the period from 1986 to 1987 by presenting false bills. The fifth charge established is that he sat over TA bill of one Abdul Khaleque, a Fireman, for more than a year on account of his personal grudge and thus harassed a poor employee of the department. The sixth charge established is..

Category: Administrative Law | Date: | Hits: 145

Abdul Jalil and others Vs. Sharon Laily Begum Jalil, 1997, 26 CLC (AD)

....Court concerned, the British High Commission at Dhaka and the Ministry of Home Affairs (for attention of the immigration authorities). Ed. This Case is also Reported in: 50 DLR (AD)(1998) 55. ...... applying the test of ‘welfare’, the mother was not at all entitled to the custody of the said children. Among others, reference was made to the fact that: 1) the mother is not the proper person in view of her conduct and present life; 2) She was a Muslim at the time of marriage an..

Category: Family Law | Date: | Hits: 250

Utpal Kanti Das Vs. Monju Rani Das, 1997, 26 CLC (AD)

....ance of any of the essential ceremonies, such as Saptapadi. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 47. ......he defendant alleging that the defendant who was in love with her had married her on 6th October 1988 19th Aswin 1395 BS—according to the Hindu Shastra at Tarasree Kalimandir in presence of several persons. Subsequently on 8th October 1988 the plaintiff and the defendant together swore an affidavi..

Category: Family Law | Date: | Hits: 212