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Motasim Ali Chowdhury Vs. Md. Ismail, 2001, 30 CLC (AD)

....der dated 13-1-93 passed by a Single Bench of the High Co Division in Civil Revision No.826 of 1989 making the Rule absolute and setting aside thereby the order dated 16-8-89 passed by the learned Assistant judge, 2nd Court, Dhaka in Title Suit No.226 of 1985 (originally numbered as Title Suit N...... appeal. Accordingly, it is dismissed with cost.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 74.   ...... appeal. Accordingly, it is dismissed with cost.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 74.   ..

Category: Property Law | Date: | Hits: 58

Bangladesh Bank and others Vs. Zafar Ahmed Chowdhury and another, 2001, 30 CLC (AD)

....iew of this agreement. It is the further case of respondent No. 1 that one Akhteruzzaman Chowdhury claiming himself as chairman of the said Bank filed Title Suit No. 210 of 1999 in the 4th Court of Assistant Judge, Dhaka which was subsequently renumbered as Title Suit No. 81 of 2000 of the First......this petition and the same is accordingly dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 70.   ......this petition and the same is accordingly dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 70.   ..

Category: Business or Commercial Law | Date: | Hits: 131

Zainal Abedin & another Vs. Md. Abdur Rahim, 2001, 30 CLC (AD)

....ibly enter into the suit land violating the decree of injunction respondent filed Miscellaneous Case No.8 of 1993 under rule 32(1) of Order 21 of the Code of Civil Procedure in the court of Senior Assistant Judge, Sylhet. Petitioners contested the said case by filing written objection denying th......   The leave petition is dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 69.   ......   The leave petition is dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 69.   ..

Category: Property Law | Date: | Hits: 57

Mustafa Zamil Ahmed Vs. Governor of Bangladesh Bank and others, 2001, 30 CLC (AD)

.... under section 3 of the Foreign Exchange Regulation Act from the Bangladesh Bank initially for a period of 1 year with provision for renewal.   2. Upon an allegation made by the Assistant Manager, Security, Bangladesh Biman that valuable Bank securities were stolen from the st......it is of criminal nature.   The petition is dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 66. ......it is of criminal nature.   The petition is dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 66. ..

Category: Business or Commercial Law | Date: | Hits: 83

Abdul Alim Vs. State and others, 2001, 30 CLC (AD)

....party.   The Petition is, therefore, dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 64. ......party.   The Petition is, therefore, dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 64. ......iminal Procedure in making the Rule absolute and quashing the proceeding of Motijheel PS Non FIR Case No. 793 of 1997 under section 145 of the Code of Criminal Procedure and directing the receiver, Officer-in-Charge, Motijheel PS to hand over possession of Holding No. 59 and 59/1 Purana Paltan, D..

Category: Criminal Law | Date: | Hits: 62

Zaher Ahmed Vs. Manik Sardar, 2001, 30 CLC (AD)

....e appellant raised rent to Taka 375.00 and an agreement was executed on 1-5-1980. However, this agreement was not renewed further.   4. The suit was decreed by the SCC Judge and Assistant Judge, Khulna by his judgment and decree dated 28-5-1990 allowing a sum of Taka 50.00 per...... suit.   In the result the appeal is allowed with cost.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 63. ...... suit.   In the result the appeal is allowed with cost.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 63. ..

Category: Property Law | Date: | Hits: 69

Abul Khair (Md) Vs. Pubali Bank Ltd and another, 2000, 29 CLC (AD)

....earned Single Judge of the High Court Division found that averments made in the plaint do not disclose a cause of action for the suit and made the Rule absolute setting aside the order of the learned Assistant Judge and consequently rejected the plaint. 6. Mr. Shafique Ahmed, learned Advocate for......gned judgment and order. The submissions of the learned Advocate do not merit any consideration. The petition is dismissed. Ed. This Case is also Reported in:53 DLR (AD) (2001) 62.   ......gned judgment and order. The submissions of the learned Advocate do not merit any consideration. The petition is dismissed. Ed. This Case is also Reported in:53 DLR (AD) (2001) 62.   ..

Category: Civil Law | Date: | Hits: 105

Government of Bangladesh Vs. Nurul Haque Miah and another, 2001, 30 CLC (AD)

....he Administrative Appellate Tribunal. 2. Respondent No. 1 filed the aforesaid case praying for three declarations namely, (1) declaration that he was entitled to get ante-dated seniority as Assistant Commissioner of Taxes with effect from 5-8-74 and as Deputy Commissioner of Taxes with ef......the facts of this case.   The petition is dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 59. ......mo No. 3(27) Admin 3/76-453 dated 29-7- 1991 AD was illegal and without jurisdiction.   3. The case of respondent No. 1 is that, he joined the service as Agricultural Income Tax Officer, Cadre-II on 7-10-63 After the amalgamation of the Agricultural Income Tax Department with ..

Category: Administrative Law | Date: | Hits: 93

Rajib Kamrul Hasan and 3 others Vs. State, 2001, 30 CLC (AD)

.... and sentence are maintained. Criminal Appeal No.31 of 1999 is allowed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 50. ...... and sentence are maintained. Criminal Appeal No.31 of 1999 is allowed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 50. ...... and sentence are maintained. Criminal Appeal No.31 of 1999 is allowed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 50. ..

Category: Criminal Law | Date: | Hits: 72

Secretary, Ministry of Establishment Vs. A M Nurunnabi, 2001, 30 CLC (AD)

....tled to all arrear pay and other allowances. The case of the respondent-applicant is that while he was serving as Deputy Secretary, Ministry of Food he received a letter dated 27-8-82 signed by an Assistant Inspector General of Police intimating him that he had been retired from service under Ma......s condoned but there being no merit in the petition the same is dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 41. ......s condoned but there being no merit in the petition the same is dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 41. ..

Category: Administrative Law | Date: | Hits: 117

Jatiya Party Vs. Election Commission for Bangladesh and others, 2001, 30 CLC (AD)

....sion is set aside and the appeal is allowed without any order as to costs.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 38. ......sion is set aside and the appeal is allowed without any order as to costs.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 38. ......n Meherpur-1, by-election one Motassim Billah, a candidate of Jatiya Party requested for allocation of symbol “Langol” and as there was no other candidate of Jatiya Party, the Returning Officer by order dated 19-4-1999 refused to allocate the said symbol “Langol” to him an..

Category: Election Law | Date: | Hits: 144

Bangladesh Biman Corporation and others Vs. Md. Tipu Sultan & others, 2001, 30 CLC (AD)

....n made herein before the appeals are allowed without any order as to costs.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001)31. ......n made herein before the appeals are allowed without any order as to costs.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001)31. ...... 17-3-86 and 16-3-86 respectively.   4. By Organisation Order 15 of 1994 Organisation Chart of GSE Department of the Corporation was revised and thereupon 6(six) posts of Junior Officers Maintenance (previously there were 3) in Pay Group V were created. In the revised Organisa..

Category: Employment/Service Law | Date: | Hits: 63

Miah Lutfi Hossain Kasru and others Vs. Bangladesh, 2001, 30 CLC (AD)

....o consideration.   Both the petitions are dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 25. ......o consideration.   Both the petitions are dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 25. ......p; The Pourashava Ordinance, 1977 (XXVI of 1977), Section 21(1) Section 21 of the Pourashava Ordinance, 1977 is Directory and not mandatory, it is within province of the Delimitation Officer to take into consideration distribution of population as far as practicable vis-a-vis the ..

Category: Election Law | Date: | Hits: 111

Board of Intermediate & Secondary Education Vs. Md. Mirajul Alam, 1995, 24 CLC (AD)

....d thereby affirming the judgment and decree of affirmance dated 30.10.94 of the 1st Court of Subordinate Judge, Rajshahi in Title Appeal No. 167 of 1994 affirming those dated 28.5.94 of the Senior Assistant Judge, Sadar, Rajshahi in Other Class Suit No. 42 of 1994 decreeing the suit. 2. ......dvanced by Mr. Majumder. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 41, 47 DLR (AD) (1995) 167 ......dvanced by Mr. Majumder. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 41, 47 DLR (AD) (1995) 167 ..

Category: Constitutional Law | Date: | Hits: 182

Mahmudul Islam Chowdhury Vs. Md. Sultanur Kabir Chowdhury and others, 1995, 24 CLC (AD)

....e matter we do not find any cogent reason to accept the submission of Mr. AR Yousuf. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 161 ......e matter we do not find any cogent reason to accept the submission of Mr. AR Yousuf. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 161 ......n the Official Gazette on 6.2.91 the final list of 83 polling stations specifying the area electors whereof will be entitled to vote at each polling station. By a Memo, dated 24.2.91 the Returning Officer with the active connivance of respondent No. 1 transferred voters from one polling station ..

Category: Others | Date: | Hits: 119

Abu Taher Vs. Abdur Razzak and others, 1995, 24 CLC (AD)

....etitioner was elected as Chairman and the Gazette Notification was published on 3.3.92. Respondent No. 1filed Election Tribunal Case No.7 of 1992 before the Election Tribunal and Additional Senior Assistant Judge, Sadar, Comilla against the petitioner on the self‑same ground, namely, that ......any illegality in upholding the judgment and order of the Election Appellate Tribunal. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 160 ......any illegality in upholding the judgment and order of the Election Appellate Tribunal. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 160 ..

Category: Others | Date: | Hits: 101

Shaikh Mustainul Haque Vs. Inspector General of Police and others, 1995, 24 CLC (AD)

....y further order. No costs. The impugned judgment and order arc set aside and those of the Administrative Tribunal are restored. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 157. ......y further order. No costs. The impugned judgment and order arc set aside and those of the Administrative Tribunal are restored. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 157. ......olice and others...................Respondents Judgment June 14, 1995. Result: The Appeal is allowed. The Administrative Tribunal Act, 1980 (VII of 1981), section 4(2) The Police Officers (Special Provisions) OrdiĀ­nance, 1976 (LXXXIV of 1976), section 7A A revision lies to t..

Category: Administrative Law | Date: | Hits: 111

Superintending Engineer and others Vs. Kazi Asaduzzaman and others, 1995, 24 CLC (AD)

....ons, inter alia, that he was a permanent employee of the Public Health Engineering Department and joined his post on 12.3.58 as a mechanic. On gradual promotion he was working as an Lower Division Assistant having been posted last at Kushtia Sadar. He obtained leave from 1.7.76 to 3.7.76 on acco......sons the impugned judgment and order of the High Court Division cannot be sustained. The appeal is allowed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 152 ......y wish. The person presenting the case in support of the charge shall be entitled to cross‑examine the accused and the witnesses examined in his defence: Provided that the Inquiry Officer or the Board of Inquiry may, for reasons to be recorded in writing, refuse, to call a pa..

Category: Property Law | Date: | Hits: 124

Forkan alias Farhad and and another Vs. State, 1995, 24 CLC (AD)

....Penal Code against the appellants have been proved beyond the shadow of reasonable doubt. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 149. ......Penal Code against the appellants have been proved beyond the shadow of reasonable doubt. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 149. ...... alibi with regard to appellant Seraj Mia who at the time of alleged occurrence was at his shop at Kamarganj Bazar. 4. In this case, prosecution examined ten witnesses including the Investigating Officer and the defence examined four witnesses in support of alibi of appellant Seraj. As noticed e..

Category: Criminal Law | Date: | Hits: 49

Director (Est. & Admin.) T & T Board, Tele Com Building Vs. Hasan Ahmed & anr, 1995, 24 CLC (AD)

....the Government Servants (Discipline and Appeal) Rules, 1985 on 13.6.1988 bringing allegations on four heads, namely, that (i) on 29,8.1987 at about 9‑00 AM he abused Mr. Mofizullah, a dealing Assistant and Mr. Sarker Alauddin, an Upper Division Clerk of the Central Office T & T Board. ......jurisdiction in setting aside the findings of the Tribunal. 13. In the result, the appeal is allowed with costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 143 ......reatened LSD Clerk Mr. Jasimuddin Ahmed. A departmental proceeding was started against him in which one Mr. Md. Ashraful Alam, Divisional Engineer, Management (Termination) was appointed as Enquiry Officer to enquire into the allegations contained in the charges against him. The respondent No.1 ..

Category: Administrative Law | Date: | Hits: 138