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Salma Khatun and others Vs. Zilla Parishad, Chittagong, 1999, 28 CLC (AD)
....d settlement of the suit land in raiyati right in favour of one Noor Hossain under defendant No.1, Zilla Parishad, and Chittagong. The RS record was prepared in his name. While in possession, he sold part of the suit land to one Mokbul Ahmed by a registered kabala dated 22-01-44 and Mokbul Ahmed con....... They are not entitled to a declaration of title. 6. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 257. ..Category: Tenancy Law | Date: | Hits: 82
Abdul Kader Mondal & ors Vs. Shamsur Rahman Chowdhury alias Shamsur Rahman Saha, 1999, 28 CLC (AD)
....scretion and that also after compensating the defendant by payment of compensation of Taka 500.00 and (iii) that abatement in respect of plaintiff Nos. 9 and 19 could, if at all, have the effect of partial abatement of the suit. The learned Counsel for the respondent, on the other hand, contends ......and the impugned judgment and order of the High Court Division be set aside. We, however, make no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 253. ..Category: Property Law | Date: | Hits: 72
Bashu Dev Chatterjee Vs. Umme Salma and others, 1999, 28 CLC (AD)
....a Chatterjee) filed an application under section 491 of the Code of Criminal Procedure, Criminal Miscellaneous case No. 5382 of 1998, claiming custody of the victim girl. The appellant was not made a party in the said Miscellaneous Case but upon an application filed by him he was permitted to assist......sent the case record to the learned Special Tribunal and Sessions Judge. Tangail for disposal. 8. The appellant filed a Naraji petition against the final report and following an order for further investigation passed by the Special Tribunal, the police submitted charge sheet dated 10-2-98 agains..Category: Criminal Law | Date: | Hits: 71
Shamsunnahar Salam and others Vs. Mohammad Wahidur Rahman and others, 1999, 28 CLC (AD)
.... writ petitions calling in question the action of the Land Acquisition Officer and a Magistrate First Class (respondents No. 6 and 7 in the writ petitions) in forcibly entering their premises being part of CS plot Nos. 199,200,201 and 202 of Mouza Sukrabad and comprising Dhaka Municipal Corporati...... the writ to be illegal and without jurisdiction. The petitions are dismissed with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 232. ..Category: Property Law | Date: | Hits: 64
Moulana Delwar Hossain Saydee Vs. Sudhangshu Shekhar Halder and others, 1999, 28 CLC (AD)
....il Procedure will apply to appeals as well. Learned Judges of the High Court Division do not appear to have committed any illegality in dispensing with the service of notice upon the non-contesting parties in terms of the principle underlying Order 41, rule 4(3) of the Code of Civil Procedure&he...... be expeditiously disposed of. We, therefore, find no substance in this petition which is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 171. ..Category: Election Law | Date: | Hits: 117
Junnur Rahman Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others, 1999, 28 CLC (AD)
....administrative circular as the same provided for interview allocating 25 marks out of 100 marks for interview and making 18 marks as pass mark. This system paved the way for arbitrary action on the part of the promotion committee and it was thus violative of the fundamental rights guaranteed und......her in law or on fact. The High Court Division has rightly discharged the Rule. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 166. ..Category: Employment/Service Law | Date: | Hits: 63
Government of Bangladesh Vs. Idrisur Rahman Advocate and others, 1999, 28 CLC (AD)
....olation of Article 116 of the Constitution. As it was a case of continuing violation, the High Court Division found that it was in seisin of the matter to prevent recurrence of such practice on the part of the executive authority. The High Court Division also found no merit in the plea that the P...... taken in the public interest. The petition is dismissed with the aforesaid observations and declarations. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 163. ..Category: Employment/Service Law | Date: | Hits: 72
Nurul Afsar Vs. Rafiqul Ahmed & ors, 1999, 28 CLC (AD)
.... Vs. Rafiqul Ahmed & ors…………………….. Respondents Judgment June 9, 1999. Partition Suit Hotchpotch A partition suit should embrace all the joint properties of the parties concerned and it is indeed a ......nterfere with the order of the High Court Division passed in its discretion. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 155. ..Category: Property Law | Date: | Hits: 65
Chandan Mondal Vs. Abdus Samad Talukder & others, 1999, 28 CLC (AD)
.... plaintiffs. 4. The trial Court decreed the instant suit for eviction by its judgment and decree passed on July 27, 1981 on the finding that relationship of landlord and tenant exists between the parties on the basis of a firisti showing filing of a case under section 107 Cr.P.C against the plai......ree of the learned Judge of the High Court Division and dismiss the suit. The appeal is allowed and without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 150. ..Category: Tenancy Law | Date: | Hits: 62
Rear Admiral AA Mustafa Vs. Bangladesh, 1999, 28 CLC (AD)
....w of judicial review, if the other provisions of the Constitution are not a bar…………………(7) (ii) There is no basis of malafide maneuver on the part of the President passing the order of compulsory retirement of the petitioner, on the event of......h allegation. 9. For the aforesaid reasons we do no find any ground for review. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 146. ..Category: Employment/Service Law | Date: | Hits: 89
Sujit Kumar Majumdar Vs. Ministry of Local Government and Rural Development, 1999, 28 CLC (AD)
....prior permission of the authority. He challenged his order of dismissal from service before the Administrative Tribunal, Bogra in Administrative Tribunal Case No. 3 of 1992. The case was allowed in part on 16-6-93 reinstating the petitioner in his service without granting any financial benefits.......ribunal committed no illegality in passing the impugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 145. ..Category: Administrative Law | Date: | Hits: 144
State Vs. Md. Minhazuddin Khan, 1999, 28 CLC (AD)
....ays. The reasons shown for condonation of such delay are also far from satisfactory. The petition is therefore dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 142. ......deposited in the said account on the same date without any knowledge of the said office of the District Inspector of Schools. 3. PW 4 AB Siddique, Inspector DAB Mymensingh after completing investigation submitted charge sheet on 16-11-82 against accused Minhazuddin under sections 409146..Category: Criminal Law | Date: | Hits: 59
Managing Director, Janata Bank Vs. Md. Bazlur Rahman and others, 1997, 26 CLC (AD)
....order of termination was illegal and for reinstatement in service on payment of arrears dues. The Bank Employees Federation called strike throughout the country on 9-9-81. The respondent did not take part in that strike, rather he performed official duties. He was sent to Gaibandha for bringing a hi......In the face of such finding of fact we do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 141; 50 DLR (AD)(1998) 17. ..Category: Employment/Service Law | Date: | Hits: 98
GM, Janata Bank Vs. Md. Shah Alam Sarker, 1999, 28 CLC (AD)
....l resulting in an injustice. For the above reason, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 138. ......l resulting in an injustice. For the above reason, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 138. ..Category: Administrative Law | Date: | Hits: 148
Abul Hossain and 3 others Vs. Bangladesh, 1999, 28 CLC (AD)
....not entitled to any further notice. 6. It is contended on behalf of the petitioners that the service of the notices under section 5(1a) and 5(3) of the Act cannot be presumed under the law particularly when the same is an integral part of the due process before one can be deprived of one...... permissible in law. The review petitions therefore merit no consideration. The petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 116. ..Category: Property Law | Date: | Hits: 69
Government of Bangladesh and Ors Vs. Mohammad Faruque, 1999, 28 CLC (AD)
.... 4th class employees would not be transferred from one place to another. Having noticed that the policy was being violated the Establishment Division by a Notification dated 10-9-86 specified the departments and posts which would be henceforth entitled to transfer the specified employees from one......other points need not be decided by us. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 112. ..Category: Employment/Service Law | Date: | Hits: 68
State, rep. by the Solicitor, Govt. of Bangladesh Vs. Giasuddin and others, 1999, 28 CLC (AD)
....shot at PW 4 Somraj with a gun causing damage to his left eye. Accused Majid taking the gun from accused Alam Gazi fired at PW 3 Alauddin causing injury. PWs 1-4 and 6-11 resisted when the accused party tried to take away the dead bodies. At that time accused Nurul Islam and Akkal Ali, son of Sw......ons Case No. 67 of 1984 were transferred to the Court of Additional Sessions Judge for simultaneous trial. PW 19 Md Toyub Ali, successor investigating officer of the present case, on completion of investigation submitted charge- sheet against the accused persons. 8. The defence case is o..Category: Criminal Law | Date: | Hits: 80
Elias(Md) Vs. Jesmin Sultana, 1999, 28 CLC (AD)
....s of the High Court Division indulged in the discussion on polygamy in Islam totally unnecessary which was neither an issue in the suit nor required to be decided in the context of pleadings of the parties. In the circumstances of the case, we feel compelled to observe that the discussion on poly......the mind of the Subordinate Courts and the people at large. With these observations, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 99. ..Category: Family Law | Date: | Hits: 158
Jahir Gazi and others Vs. Belal Hossain, Advocate and others, 1999, 28 CLC (AD)
....hreatened the local eye witnesses not to give evidence. 4. Before the High Court Division the Rule was opposed by the accused-petitioners on the ground that it will cause difficulty on the part of the accused persons and the concerned authority to come from Barisal to Dhaka if the Rule ......hich they are suffering now. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 87. ..Category: Criminal Law | Date: | Hits: 63
Bangladesh Vs. Chairman, Court of Settlement, First Court and others, 1999, 28 CLC (AD)
....ned order dated 20 April 1998 awarded cost of Taka 5,000.00. The petitioner is aggrieved by the said order awarding cost. 2. Mr. B Hossain, learned Deputy Attorney-General, submits that no particular reason has been assigned for awarding such a heavy cost against the petitioner. He furth......vision is otherwise maintained except that part awarding cost. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 87. ..Category: Property Law | Date: | Hits: 64
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