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Abu Taleb Vs. Government of Bangladesh, 1995, 24 CLC (AD)
....nder the order of the President retiring him from service under section 9(2) of the Public Servants (Retirement) Act, 1974 (Act XII of 1974), briefly the Act. 2. The appellant was appointed as an Assistant Communication Engineer in the Civil Aviation Department on the 15th March, 1960 and it is ......by the appellant. In that view of the matter we do not find any ground for interference. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 138......slam Vs. Bangladesh, 33 DLR (AD) 201; Habibullah Khan vs. Shah Azharuddin Ahmed, 35 DLR (AD) 72; Brij Mohan Singh Vs. State of Punjab, AIR 1987 (SC) 948; Baikuntha Nath Das Vs. Chief District Medical Officer, Baripada, AIR 1992 (SC) 1020; Union of India Vs. ME Reddy, AIR 1980 (SC) 563; Union of Indi..Category: Administrative Law | Date: | Hits: 175
Golam Rahman Vs. Hazera Khatun, 1995, 24 CLC (AD)
....efendant‑appellant is directed against the judgment of a Single Judge of the High Court Division passed in Civil Revision No. 3823 of 1991 (Dhaka), remanding Title Suit No. 912 of 1975 to the Assistant Judge, Chuadanga, for hearing of the suit afresh. 2. Plaintiff‑respondent i......r is set aside and the appeal is allowed without any order as to costs. The suit is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 211, 47 DLR (AD) (1995) 108 ......r is set aside and the appeal is allowed without any order as to costs. The suit is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 211, 47 DLR (AD) (1995) 108 ..Category: Property Law | Date: | Hits: 47
Sadharan Bima Corporation Vs. Sanjib Kumar Das & another, 1995, 24 CLC (AD)
....nterpretation given by the High Court Division, we dismiss the appeal for the reasons above without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 97 ......nterpretation given by the High Court Division, we dismiss the appeal for the reasons above without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 97 ......extinguish the fire without success and tried to inform the Fire Brigade of Karnaphuli Paper Mills through Rangunia Police Station. On 12.10.90 a GD entry was lodged at Rangunia Police Station. An Officer of Karnaphuli Fire Brigade, a Narcotic Inspector and the Police visited the place of occurr..Category: Business or Commercial Law | Date: | Hits: 114
Abdul Hakim (Md) Vs. Genandra Nath Bashu Roy, 1995, 24 CLC (AD)
....; ATM Afzal J: This petition at the instance of 3rd party‑objectors in Other Class Execution Case No.4 of 1993 of the Court of the Senior Assistant Judge, Additional Court, Sadar Mymensingh arises out of judgment and order dated 8 Novemb......ve no locus standi in the matter (Other Class Execution Case No.4 of 1993). The petition is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 95 ......ve no locus standi in the matter (Other Class Execution Case No.4 of 1993). The petition is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 95 ..Category: Civil Law | Date: | Hits: 109
Yakub Ali Vs. State, 1995, 24 CLC (AD)
.... those cases that the course adopted by the Magistrate in the present case was illegal. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 94 ...... those cases that the course adopted by the Magistrate in the present case was illegal. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 94 ...... those cases that the course adopted by the Magistrate in the present case was illegal. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 94 ..Category: Criminal Law | Date: | Hits: 62
Zahiruddin son of Abdu Hye Vs. State, 1995, 24 CLC (AD)
....prisonment. The appeal is allowed. The sentence of death imposed on the appellant is commuted to one of life imprisonment. Ed. This case is also reported in: 47 DLR (AD) (1995) 92 ......prisonment. The appeal is allowed. The sentence of death imposed on the appellant is commuted to one of life imprisonment. Ed. This case is also reported in: 47 DLR (AD) (1995) 92 ......itnesses are mostly formal witnesses including the doctor PW 11 who held post mortem examination of the deceased Velua Khatun, PW 12 the Magistrate who recorded the confession, and PW I the Police Officer who investigated the case. The accused retracted from his confession and suggested t..Category: Criminal Law | Date: | Hits: 73
Lt. Col. (Retd) Nazimuddin Ahmed Vs. Bangladesh and Others, 1995, 24 CLC (AD)
....Court Division, we uphold the order impugned in the writ petition. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 87 ......Court Division, we uphold the order impugned in the writ petition. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 87 ...... appellant that even assuming that he could not be appointed on a regular basis under section 6(l) of the Ordinance, his service could well be absorbed on a regular basis under the Defence Service Officers (Appointment and Fixation of Seniority in Civil Post) Rules 1983 the High Court Division w..Category: Employment/Service Law | Date: | Hits: 117
C Q M H Md. Ayub Ali Vs. Bangladesh and others, 1995, 24 CLC (AD)
.... completing all formalities but subsequently he avoided to perform his part of the contract which compelled the appellant to file Title Suit No. 249 of 1984 in the First Court of Munsif, Dhaka (now Assistant Judge) for specific performance of contract impleading the Government as defendant No.2. ......ied upon and further that there has been a failure of fair trial in the Court of Settlement which arrived at its conclusion in violation of the principles of natural justice. ......ied upon and further that there has been a failure of fair trial in the Court of Settlement which arrived at its conclusion in violation of the principles of natural justice. ..Category: Property Law | Date: | Hits: 86
Shahidul Islam (Md) & anr Vs. Md. Sayedur Rahman and others, 1995, 24 CLC (AD)
....p; Latifur Rahman J- Plaintiff‑Respondents filed a suit for perpetual injunction in the Court of Assistant Judge, Faridpur, being Title Suit No. 21 of 1993, and prayed for temporary injunction in...... we are reluctant to interfere with the interlocutory order of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 70 ...... we are reluctant to interfere with the interlocutory order of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 70 ..Category: Civil Law | Date: | Hits: 95
Hasan Ali and others Vs. State, 1995, 24 CLC (AD)
....ment: Shahabuddin Ahmed CJ: These four appellants were convicted by Special Tribunal and Assistant Sessions Judge, Kurigram, under section 15 of the Special Powers Act and sections 431, 1......ready undergone; as to the sentence of fine, it is maintained. The appeal in respect of the other appellants is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 69 ......ready undergone; as to the sentence of fine, it is maintained. The appeal in respect of the other appellants is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 69 ..Category: Criminal Law | Date: | Hits: 60
Bangladesh Parjatan Corporation, Dhaka Vs. AKM Abul Kalam, 1995, 24 CLC (AD)
....rom the judgment and order dated 22.10.91 passed by a Division Bench of the High Court Division in Writ Petition No. 128 of 1987 making the Rule Nisi absolute. 2. The respondent, who was an Assistant Commercial Officer of the Corporation, was proceeded against in a departmental proceeding......nce with the Rules we uphold the ultimate order of the High Court Division. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 67 ......order dated 22.10.91 passed by a Division Bench of the High Court Division in Writ Petition No. 128 of 1987 making the Rule Nisi absolute. 2. The respondent, who was an Assistant Commercial Officer of the Corporation, was proceeded against in a departmental proceeding on three specific ch..Category: Employment/Service Law | Date: | Hits: 134
Sirajul Islam (Md). Alias Siraj Madbar and others Vs. Keramat Ali Bhuiyan & ors, 1995, 24 CLC (AD)
....8209;For Respondent No. 1. M Sharnsul Alam, Deputy Attorney‑General, instructed by Md. Sajjadul Huq, Advocate‑on‑Record-For the Respondent No.2 Matiul Islam, Assistant Attorney- General - Amicus Curiae, Criminal Appeal No. 10 of 1994. (From t......ned transfer. In the result, the appeal is allowed and the impugned order of the High Court Division is set aside. Ed. This case is also reported in: 47 DLR (AD) (1995) 64 ......ned transfer. In the result, the appeal is allowed and the impugned order of the High Court Division is set aside. Ed. This case is also reported in: 47 DLR (AD) (1995) 64 ..Category: Criminal Law | Date: | Hits: 67
Afia Khatoon Vs. Mobasswir Ali and others, 1995, 24 CLC (AD)
....89. 6. It appears that after the submission of charge‑sheet in GR Case No. 76 of 1986, on the prayer of the wife of accused Mukhlesur Rahman, petitioner before us, one Moksedul Islam, Assistant Superintendent of Police Criminal Investigation Department, Comilla Camp submitted a prel......o oppose their prayer for quashing of the proceeding against them. 15. For the reasons this petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 62 ......engthy consideration of the facts and law involved in the case observed: “In the second charge‑sheet as indicated above there has been effort on the part of Investigation Officer to clear off Mokhlesur Rahman by creating an alibi for him. The Investigation Officer in h..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. Dr. Dhiman Chowdhury and others, 1993, 22 CLC (AD)
....granted on 17 June, 1993 and the order of stay was extended till disposal of the appeal. 3. Material facts of the case are that the detenu joined the Chittagong Port Authority in December, 1962 as Assistant Medical Officer and ultimately became Deputy Chief Medical Officer since 24.1.85. He was s...... Accordingly, the appeal is allowed and the impugned judgment of the High Court Division set aside. There will be no order as to cost. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 52 ...... 1993 passed by a Division Bench of the High Court Division in Writ Petition No. 536 of 1993 making the Rule absolute and directing that the detenu Dr. Haripada Chowdhury, former Deputy Chief Medical Officer, Chittagong Port Authority, Chittagong be set at liberty. 2. The detenu, however, continu..Category: Constitutional Law | Date: | Hits: 185
Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)
....arned brother ATM Afzal J. Order of the Court By the majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ......arned brother ATM Afzal J. Order of the Court By the majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ......arned brother ATM Afzal J. Order of the Court By the majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ..Category: Property Law | Date: | Hits: 79
Engineer Afsaruddin Ahmed Vs. State, 1995, 24 CLC (AD)
....found to have acted rightly observing that the proceeding against him cannot be quashed. In the result, the appeal is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 10 ......found to have acted rightly observing that the proceeding against him cannot be quashed. In the result, the appeal is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 10 ......ll, alleged that they did not receive any CI sheets which indicated that the CI sheets were distributed to fictitious persons and the value thereof was misappropriated. The District Anti‑Corruption Officer, after a preliminary enquiry, lodged a first information report on 31.12.91 against the appe..Category: Criminal Law | Date: | Hits: 76
Babul Kanti Das and others Vs. Abul Hashem and others, 1995, 24 CLC (AD)
....1 affirming the judgment and order dated 15.8.91 passed by the learned District Judge, Cox's Bazar in Miscellaneous Appeal Nos. I and 2 of 1991 affirming those dated 29.11.90 passed by the learned Assistant Judge, Chakaria, Cox's Bazar in Other Suit No. 133 of 1990 allowing an application for bo......extent of pulling down the entire roof of the building within the time and upon conditions directed by the trial Court. Ed. This case is also reported in: 47 DLR (AD) (1995) 06 ......of service of notice but he struck out 21.10 90 and wrote 28.10.90 over the same. In the disciplinary proceeding the process server Pulak Chandra Das was found guilty of overwriting by the Inquiry Officer, the learned District Judge, Cox’s Bazar and upon serving a second show cause notice ..Category: Civil Law | Date: | Hits: 106
Col. Md. Hashmat Ali (Retired) of Bangladesh Army Medical Corps Vs. Bangladesh, 1995, 24 CLC (AD)
....uring the proper discharge of their duties. There is no merit in this appeal and, accordingly, it is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 01 ......uring the proper discharge of their duties. There is no merit in this appeal and, accordingly, it is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 01 ......the Effective List: Major and below 23 years Lt. Colonel 25 years Colonel 27 years Brigadier 28 years Major General 30 years 4. Officers who are not considered suitable by the Commander‑in‑Chief for retention in ser..Category: Constitutional Law | Date: | Hits: 203
Khaledur Reza Chowdhury (Md) Vs. Saleha Begum and others, 1996, 25 CLC (AD)
....d the defendants of the earlier suit as pro-forma defendants. The suit was filed before the 2nd Court of Subordinate Judge, Sylhet but as at the relevant time the pecuniary jurisdiction of the Senior Assistant Judge was increased to Taka 1 lakh the plaint was returned and the appellant had to re-fil......t and order are set aside and the order dated 6-2-93 passed by the learned Subordinate Judge in Title Suit No.415 of 1984 is restored. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 209. ......t and order are set aside and the order dated 6-2-93 passed by the learned Subordinate Judge in Title Suit No.415 of 1984 is restored. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 209. ..Category: Property Law | Date: | Hits: 59
AKM Mayeedul Islam Vs. Bangladesh Election Commission and others, 1996, 25 CLC (AD)
....ot on the grounds stated in the impugned judgment, but on the ground that the writ petition was not maintainable. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 230; 48 DLR (AD) (1996) 208 ......ot on the grounds stated in the impugned judgment, but on the ground that the writ petition was not maintainable. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 230; 48 DLR (AD) (1996) 208 ......l J.- In the ensuing General Election of Members of Parliament petitioner AKM Mayeedul Islam submitted nomination paper among others with respondent No. 3 Hussain Mohammad Ershad before the Returning Officer, respondent No. 2 for contesting parliamentary 27 Constituency, Kurigram-3, District Kurigra..Category: Election Law | Date: | Hits: 133
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