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Akhtar Masood Vs. Mrs. Bilkis Jahan Ferdous, 1998, 27 CLC (AD)

.... chance to see his growing son only twice. In the meanwhile he is being reared up at the residence of his maternal grandfather at Mohammadpur where he is residing with his mother, the respondent, a Government servant. The couple has also been divorced in 1993. The petitioner’s prayer for vi...... access to his son during pendency of the suit.  The petition is dismissed with the above observations. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 145. ..

Category: Family Law | Date: | Hits: 156

Ali Akbar (Md) Vs. Government of Bangladesh and others, 1996, 25 CLC (AD)

....hellip;…………………………………………………… Petitioner Vs. Government of Bangladesh and others…………………&hellip......ioner was not entitled to retain its possession. The petition is therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 143; 1 MLR (AD) 1996, 379. ..

Category: Property Law | Date: | Hits: 90

Frank Shipping Limited Vs. Government of the People’s Republic of Bangladesh, 1997, 26 CLC (AD)

....ourt Appellate Division (Civil) Present: Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Frank Shipping Limited ………………..Petitioner Vs. Government of the People’s Republic of Bangladesh and others……………Respondents Judgme......subjugated to the private interest of the writ petitioner. No such case has been made out anywhere. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 140. ..

Category: Others | Date: | Hits: 113

Mohibul Ahsan (Md) (Shawan), Director, Ittefaq Group of Publication and others Vs. Ittefaq Group of Publication Ltd., 1998, 27 CLC (AD)

....erit of reminding an old wisdom of joining even unfriendly hands for protecting a common inheritance. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 138.......b initio, etc. 6. The defendant-petitioners denied the allegations made by the plaintiffs and asserted that the impugned resolution was validly passed in a validly held meeting of the Board upon service of notice to the plaintiffs. 7. It is not necessary to notice all the various allegatio..

Category: Business or Commercial Law | Date: | Hits: 121

Commissioner of Customs, Chittagong Vs. Giasuddin Chowdhury and another, 1998, 27 CLC (AD)

....gh Court Division will consider whether in spite of prima facie case and balance of convenience the individual interest should be subjugated to public interest…….[21(8)] (iii) Governments are not run on bank guarantees but on liquid cash. Article 83 of the Constitution guara......pon furnishing a proper bank guarantee for the balance as already assessed by the Customs Authority on the respondent. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 129. ..

Category: Criminal Law | Date: | Hits: 119

Altaf Hossain Vs. State, 1997, 26 CLC (AD)

....sp; 4. It is necessary to observe at the outset that we do not agree with many things as found, held and observed in the impugned judgment, but those are not in issue in this appeal as the Government has not preferred any appeal against the acquittal of the other accused. The issue here ......nd order are set aside.  Let the appellant be released forthwith if not wanted in any other case.  Ed. This Case is also Reported in: 50 DLR (AD) (1998) 120. ..

Category: Criminal Law | Date: | Hits: 104

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

....ounds of forfeiture of the books are not covered by the requirements of section 99A of the said Code…………….. (4) Under section 99A of the Code of Criminal Procedure no satisfaction of the Government is to be indicated to forfeit a publication. It is enough if it “appears to the Governm......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. ..

Category: Others | Date: | Hits: 122

Abdul Motaleb Sheikh Vs. Md. Hasan Bali & another, 1998, 27 CLC (AD)

....ellip;….Petitioner Vs. Md. Hasan Bali & another……………...Respondents  Judgment February 24, 1998. The Local Government (Union Parishads) Ordinance, 1983 (LI of. 1983), Section 78 The provision of noti......luding one of outraging the modesty of one Rahima Khatun. On enquiry, they were found to be true and it appears the Union Parishad out of disgust by its resolution dated 17-9-87 dismissed him from service, which was approved by the Local Upazila Nirbahi Officer.  2. The petitioner ..

Category: Employment/Service Law | Date: | Hits: 94

Nurul Islam (Md) Vs. Md. Ali Hossain Mia being dead his heirs Amir Hossain & ors., 1997, 26 CLC (AD)

.... of reversal and is not sustainable in law. Accordingly, we allow the appeal without, however, any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 114. ......nce (XX of 1963) Section 18 The notice sent by post at the address of the suit premises having been returned unserved with the remark of the postal authority ‘left’ was presumed to be good service, for the purpose of this Ordinance…………………………(12) The rent admitte..

Category: Tenancy Law | Date: | Hits: 93

Vice Chairman, Export-Promotion Bureau and Govt. of BD Vs.

....J Latifur Rahman J Md Abdur Rouf J BB Roy Choudhury J Vice Chairman, Export-Promotion Bureau………………….Petitioner Government of Bangladesh………………………&he......ification (Annexure-A to the writ petition) cannot stand, even without a challenge of the Government’s action.  The leave petitions are, therefore, dismissed. Ed.  ..

Category: Business or Commercial Law | Date: | Hits: 117

Major (Retd) Ashrafuddin Sekander & Bernhard Rudigar and another Vs. State, 1998, 27 CLC (AD)

....ce of accused-appellant is reduced to rigorous imprisonment for 7 years and fine is remitted. Ed.     This Case is also Reported in: 50 DLR (AD) (1998) 108. ......High Court Division must have had knowledge that the two foreigner-appellants were engaged in the clandestine business of carrying gold and that they needed a exit through the Airport for which the service of the appellant Airport Manager was requisitioned by some members of the criminal gang or..

Category: Criminal Law | Date: | Hits: 130

Subash Chandra Das & ors Vs. Bangladesh, 1994, 23 CLC (AD)

....l J Latifur Rahman J Subash Chandra Das & ors ……………………..Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Land Administration and Land Reforms, Government of the People’s Republic of Bangladesh and others……………. Respondents. Jud......in that behalf to determine as to whether the proceeding stood abated under section 12. For the reasons, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 106...

Category: Property Law | Date: | Hits: 89

Jalaluddin (Md) and others Vs. Laily Begum and others, 1998, 27 CLC (AD)

....in refusing to set aside the ex-parte decree.  The petition is dismissed.  Ed. This Case is also Reported in: 48 DLR (AD) (1996) 163, 50 DLR (AD) (1998) 105. ......ry injunction but on his failure to file written statements in the original suit, the suit was decreed ex-parte. In a case under Order 9 rule 13 challenging the ex parte decree on the ground of non-service of summons on the given circumstance is not tenable in law…………&..

Category: Property Law | Date: | Hits: 74

Chalna Marine Products Ltd. Vs. Reliance Insurance Ltd. and others, 1997, 28 CLC (AD)

.... the surveyors took from the total stock of 5309 master cartons of shrimps and prawns 10 samples at random and sent it to the Deputy Director, Quality Control and Fish Inspection Department of the Government for Laboratory tests. On 28-5-91 the said Deputy Director submitted report to the effect......lt. Rule 29.4 of Rules and Rates for the supply of electricity as approved by the Ministry of Energy and Mineral Resources, Government of Bangladesh reads as follows: 29.4 underground service lateral “29-4-1 As and when the connection of the consumer’s electri..

Category: Business or Commercial Law | Date: | Hits: 147

Bangladesh Vs. Chairman, Court of Settlement and others, 1997, 26 CLC (AD)

.... Judgment                  Mustafa Kamal J.- This petition for leave to appeal by the writ petitioner-Government, which is barred by 32 days and the delay in filing which is condoned because of the exp...... already determined by a Court of law. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 93. ..

Category: Property Law | Date: | Hits: 58

Syed Hedayet Ali Vs. Chief Election Commissioner and others, 1994, 23 CLC (AD)

....i……………….Petitioner Vs. Chief Election Commissioner and others……………….. Respondents Judgment May 5, 1994. Result: The petition is dismissed. The Local Government (Union Parishads) Ordinance, 1983 (LI of 1983), Sections 6(2), 9 & 13(b) The Oath......, without good cause shown, fail to take oath on that date. 5. There is no substance in the petition. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 89. ..

Category: Election Law | Date: | Hits: 110

Moulvi Md Khurshid Alam Vs. Bangladesh, 1997, 26 CLC (AD)

....r dated August 4, 1997 passed by a Division Bench of the High Court Division in Writ Petition No. 2319 of 1995 discharging the Rule. 2. The Ministry of Law Justice and Parliamentary Affairs of the Government of Bangladesh by an order dated 25-10-95 (Anex. “C” to the Writ Petition) appointed t......vernment’s powers under section 4 of the Act is concerned. This petition, thus, merits little consideration. It is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 82. ..

Category: Employment/Service Law | Date: | Hits: 137

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

....ext eldest male blood relative and does not follow in the direct line. 3. In a letter bearing No. 2549 p dated Calcutta, the 22nd February, 1917 Mr. JH Kerr ICS officiating Chief Secretary to the Government of Bengal wrote to the Commissioner of Chittagong Division as follows: “that the st...... support of the majority of Raj family for respondent No.1 have been stated. 21. Khandker Mahbubuddin Ahmed submits that the appellant in his affidavit-in-reply stated that the appellant rendered service to his people to protect them from the onslaught of the Pakistan regime and he had to underg..

Category: Civil Law | Date: | Hits: 203

Government of Bangladesh Vs. Paresh Chandra Gharami and others, 1998, 27 CLC (AD)

....R (AD) (1998) 70. ......the High Court Division. No point of law of public importance is involved in this case. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 70. ..

Category: Property Law | Date: | Hits: 73

Golam Sarwar (Md) & others Vs. Md Liakat Ali and others, 1997, 26 CLC (AD)

....suit land by 3 registered kabalas to the contesting defendants and since purchase, they have been possessing the suit land by mutating their names in the relevant record and on payment of rent to the Government. 4. On consideration of the testimonies of 4 PWs and 5 DW5 and other documentary evi......te Court, We do not find any legal infirmity in the impugned judgment which calls for any interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 67. ..

Category: Property Law | Date: | Hits: 74