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Government of Bangladesh and others Vs. Md. Sharfuddin Mollah, 2002, 31 CLC (AD)
.... 2. Respondent filed the aforesaid AT Case challenging legality of the order of his dismissal dated 30th December, 1995 passed by Superintendent of Police, Khulna (appellant No. 3) following a departmentally enquiry in respect of 12 charges out of which 7 were found to have been proved. The re...... The order of dismissal in respect of the respondent is maintained. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 120. ..Category: Administrative Law | Date: | Hits: 116
....etitioner Society and /or pass such other or orders as to this court may seem fit and proper.”
4. The Rule is made returnable within six weeks from date.
5. Pending hearing of the Rule, the parties are directed to maintain status-quo in respect of the suit property.
6. Office order (An...... evicted, in writ jurisdiction which is not permitted.
In the result the appeals are allowed.
There is no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (AD) (2002) 111.
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Category: Property Law | Date: | Hits: 54
Jitendra Nath Mistry Vs. Abdul Malek Howlader and ors., 2002, 31 CLC (AD)
.....(19) Lawyers Involved- Mahbubey Alam, Senior Advocate, instructed by Md Nawab Ali, Advocate-on-Record—For the Appellant. Ex parte—The Respondents. Civil Appeal No. 84 of 1998. ......smissed. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 106. ..Category: Property Law | Date: | Hits: 47
Delower Hossain Khan Vs. State, 2002, 31 CLC (AD)
....abibur Rahman arrived at the finding that the prosecution case against Omar Ali, Akkel Ali and Kashem Ali and the present petitioner has been established by the evidence of the reliable witnesses, particularly witnesses as mentioned above, and thereupon dismissed the appeal filed by the present ......i at 22-15 hours and thereupon Jhalokathi PS Case No. 5 dated 17th May, 1989 under different sections, including 307/34, of the Penal Code was registered. The investigating agency on completion of investigation submitted prosecution report against 15 persons including the present petitioner unde..Category: Criminal Law | Date: | Hits: 76
Hyundai Corporation Vs. Sumikin Bussan Corporation & others, 2001, 30 CLC (AD)
.... Field against the judgment and order of 4th June, 2001 by a division Bench of the High Court Division in Writ Petition No. 7 of 2001 making the Rule absolute declaring Memo No. CPA/PMU (EQPT)/P-120 (part-1/372) dated 1-1-2001 (Annexure – D to the writ petition) to have been made without lawful......he High Court Division. In aforestated view of the matter this petition is dismissed with the observations made hereinbefore. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 88. ..Category: Others | Date: | Hits: 130
Ilias Hussain (Md) Vs. State, 2002, 31 CLC (AD)
....rmant lived at different places. So, it was not possible for them to produce the neighbouring people to prove that the deceased was assaulted and then strangulated. But the facts and circumstances particularly the evidence of PW 3 and the conduct of the petitioner clearly indicate that the decea...... examination. On receipt of the postmortem examination report a regular case was started by SI Rabiul Islam when it was found that the death was homicidal in nature. Thereafter, the police took up investigation of the case and on completion of the same submitted charge-sheet against the petition..Category: Criminal Law | Date: | Hits: 52
Akitullah and others Vs. Zafala Begum and others, 2002, 31 CLC (AD)
.... 1908), Order VI rule 17 Before allowing any amendment to the plaint the Court must come to a finding that such amendment is necessary for determining the real question in controversy between the parties and that the same shall not change the nature and character of the suit…….(15) The C......dispose of the First Appeal No. 100 of 1995 arising out of Suit No. 185 of 1988 in accordance with law expeditiously as possible. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 74. ..Category: Procedural Law | Date: | Hits: 114
Gooryonly (BD) Textile Ltd. Vs. Chartkar Information Holding Ltd. and ors., 2002, 31 CLC (AD)
....avit or otherwise, that the defendant, with intent to obstruct or delay the execution of any decree that may be passed against him, (a) is about to dispose of the whole or any part of his property, or (b) is about to remove the whole or any part of his proper......dit in this suit concerning dispute between the buyer and seller. The petition dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 70; 22 BLD (AD) 2002, 89. ..Category: Civil Law | Date: | Hits: 115
State Vs. Monu Miah and others, 2001, 30 CLC (AD)
....ho did not state about seizure of gamsa from near the house of accused Monu or that it was seized stained with blood. This witness has been contradicted by PW 26, investigation officer as to material particulars. 9. Moreover, PW 26 investigation officer Hafizullah when entered into the house of M......s further submitted that the High Court Division erred in discarding PWs. 12 and 13 regarding recognition of Monu and Abdul Ahad who saw them carrying a bag on the plea of their being examined by the investigation officer after two and half months which have not dislodged the circumstantial evidence..Category: Criminal Law | Date: | Hits: 59
BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)
....No.2 of the writ petition has legally given the certificate of incorporation. Neither the Bangladesh Bank Order (President’s Order 127 of 1972) nor the Banking Companies Act 1991 imposes any particular requirement for a person to be a sponsor of a banking company. Respondent Nos. 8, 9 and ......se appeals. Accordingly, the same are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 36. ..Category: Constitutional Law | Date: | Hits: 199
Osman Gani Vs. State, 2002, 31 CLC (AD)
....k an appeal to the High Court Division which confirmed his conviction and sentence under section 304 Part II but set aside those under section 201 of the Penal Code. The appeal was thus allowed in part. 8. Counsel for the appellant has urged before us that the evidence bein......c servant, Emdadul Haque by assaulting and throttling her and then buried her on 18 March 1987. This information was recorded in General Diary No, 475 dated 19 March 1987. The Sub-Inspector took up investigation of the case and in course of investigation exhumed the dead body of Monowara Begum a..Category: Criminal Law | Date: | Hits: 55
State Vs. Abdul Barek and Others, 2001, 30 CLC (AD)
....t-I of the Penal Code for causing the bodily injury as was likely to cause death and, in fact, the death was caused and injury caused by other respondent Jahidul Hoque alias Jaju was not on the vital part of Bakul Bibi and as there was no evidence that he knew about the pregnancy of Bakul Bibi he co...... respective bail bond and the warrant of arrest issued against respondent Nos. 4 and 5 are recalled and cancelled. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 28; 7 MLR (AD) 17. ..Category: Criminal Law | Date: | Hits: 55
Ishaque (Md) Vs. Ekramul Huque Chowdhury and others, 2001, 30 CLC (AD)
....ction 111(g) In case of forfeiture of tenancy for denial of title, written notice of lessor’s intention to determine the lease is not compulsory and must be optional as the notice is not for the part of the cause of action for such eviction and cause of action is the denial of landlord’s titl......rfeiture. In view of the discussion as above the appeal fails. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in:54 DLR (AD) (2002) 26. ..Category: Tenancy Law | Date: | Hits: 70
Commissioner of Taxes, Dhaka (South) Zone, Dhaka Vs. Ujala Match Factory, 2002, 31 CLC (AD)
....n filed Income Tax Appeal Nos. 1762 and 1763 of 1981-82 and Income Tax Appeal No. 3729 of 1982-83 before the Income Tax Appellate Tribunal who by one judgment dated 13-10-83 allowed the appeals in part, inter alia, by making the following observations. “Records show that althoug...... The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 23. ..Category: Fiscal/Taxation Law | Date: | Hits: 66
Government of Bangladesh and other Vs. Nidhi Ram Moni and others, 2002, 31 CLC (AD)
.... The Transfer of Property Act,1882 (IV of 1882), Section 105 i) There is no scope in the writ petition to decide disputed question of ownership of the parties in the land in question which should be left to be decided by the civil court after conside......e High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 14. ..Category: Property Law | Date: | Hits: 43
Khairullah (Md) Vs. ADC (Revenue) and another, 2001, 30 CLC (AD)
....1997 condoned the delay. 6. We have gone through the judgment of the High Court Division and it appears that the High Court Division condoned the delay holding that there was no negligence on the part of the Government-respondent but it was due to the negligent act of the then Assistant Attorney...... Court Division in exercising the discretion. There is therefore no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 13. ..Category: Procedural Law | Date: | Hits: 121
S. M. Iqbal Hossain Vs. Managing Director, I F I C Bank Ltd., 2006, 35 CLC (AD)
....ed the appeal. 4. The defendant-respondent moved the High Court Division under Section 115(1) of the Code of Civil Procedure and a Single Bench of the High Court Division after hearing the parties made the rule absolute, thereby setting side the judgment and decree passed by the lower ap......that the High Court Division took a correct view in the matter and as such the impugned judgment does not call for our interference. The petition is, therefore, dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 78
Government of Bangladesh and others Vs. Md. Shahjahan Gazi, 2006, 35 CLC (AD)
....f public peace to cancel his licence and that the petitioner will not suffer any irreparable loss if he does not possess any licence of fire arms. 6. The High Court Division upon hearing the parties made the Rule absolute. Hence this leave-petition. 7. Mr. Abdur Razzaque Khan, the l......arted before the Upazilla Magistrate,Narayangonj against the petitioner and others; that the petitioner along with others were arrested but on 20-7-1988 they were released on bail. 4. After investigation, police submitted charge-sheet against the petitioner under Sections 3 and 4 of the ..Category: Criminal Law | Date: | Hits: 42
Md. Anarul Islam and others Vs. State and another, 2006, 35 CLC (AD)
....…….........Respondents. Judgment November 23, 2005. The Code of Criminal Procedure, 1898 (V of 1898), Section 561A The Penal Code (XLV of 1860), Sections 406 & 420. A partner can not be alleged to have misappropriated or cheated when an amount was entrusted to the ac......he company may proceed against the accused-appellants for the allegations in the petition of complaint in the appropriate forum and in accordance with law. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 50
Md. Habibur Rahman Vs. M/S. Uttara Bank Ltd., 2005, 34 CLC (AD)
.... Division. The High Court Division upon observing that the defendants in Title Suit No. 135 of 1995 only defendant No.1, Uttara Bank has its Head office at Dhaka but the said defendant No.1 was not a party in the Artha Rin Adalat Case No. 55 of 1990/82 of 1982 filed at Rangpur and in that background......our discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) 59. ..Category: Civil Law | Date: | Hits: 130
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