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Sudangshu Kumar Saha Vs. Government of Bangladesh, 1997, 26 CLC (AD)
....llegality in the impugned judgment and order. The petition is also barred by 12 days. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 129 ......strative Appellate Tribunal erred in law in interpreting and, considering the provisions of Rule 25(2)(3) of the Government Servants (Discipline and Appeal) Rules, 1985 and arrived at an erroneous decision on misreading and misconstruing the provisions of the said Rule and as such the judgment o..Category: Administrative Law | Date: | Hits: 120
AFB Jahan Mia (Md) Vs. Chairman, National Board of Revenue and others, 1997, 26 CLC (AD)
....all the above reasons we do not find any ground for interference. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 122 ......present service from 22-11-76 i.e the date he joined the post of Inspector of Taxes and that there is no scope of counting his previous service for seniority. The appellant came to know of the said decision by a Memo. dated 12-11-86 from the Commissioner of Taxes, Dhaka (East Zone). The appella..Category: Administrative Law | Date: | Hits: 140
Jalaluddin alias Faruque and ors. Vs. Ehsanuddin and others, 1996, 25 CLC (AD)
.... of Order XLVII Rule I of the Code of Civil Procedure. We do not find any substance in this petition. It is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 116 ...... grounds, inter alia, that the suit was filed on without serving any notice to the defendants under section 106 of the Transfer of Property Act, that although the High Court Division relying on the decision of this court reported in 32 DLR (AD) 170 discharged the Rule on the basis that a monthly t..Category: Property Law | Date: | Hits: 63
Nesar Ahmed also known as Babul Vs. Government of Bangladesh, 1997, 27 CLC (AD)
.... more are set aside. The appellant be set at liberty forth with if not required in connection with any other case. Ed. This case is also reported in: 49 DLR (AD) (1997) 111 ......this application the facts of the case although are different but the points mooted at the Bar are similar to that of earlier petition i.e. Writ Petition No. 721 of 1994. Therefore, the decision just given in the earlier application will govern the fate of the present application.&qu..Category: Criminal Law | Date: | Hits: 98
Chitta R Chakraborty being dead, his heirs Ashish C. & ors Vs. Md. A. Rob, 1997, 26 CLC (AD)
.... result, this appeal is allowed without any order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 96 ......aintiff in such a case is required to pray for cancellation, by way of a consequential relief, where, however, the plaintiff is not a party to the instrument no such difficulty arises.” 14. This decision was followed in Abdul Hamid vs Dr. Sadeque Ali Ahmed 21 DLR 507. 15. The view in Daibaki..Category: Tenancy Law | Date: | Hits: 88
Fazlur Rahman (Md) Vs. Government of Bangladesh, 1997, 26 CLC (AD)
.... to the writ-petition had been issued without any lawful authority and is of no legal effect. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 92. ...... the same to the former Headmaster of the School (the present petitioner) (Annexure-J). In the meantime on 27-1-96 respondent No. 3 wrote to the Secretary Ministry of Education (Annexure-M) seeking a decision from the Government on an application of the former Headmaster, (the present petitioner) as..Category: Constitutional Law | Date: | Hits: 163
Ali Ahmed & ors Vs. Nazimuddin P. being dead, his heirs Azimuddin P. & ors., 1997, 26 CLC (AD)
....f the said court. In the result, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 433, 49 DLR (AD) (1997) 90 ......suit having been filed within the extended period was not barred by limitation. Accordingly, he allowed the appeal in part. 6. The defendants preferred SA No. 1095 of 1964 in respect of the decision regarding schedule I land while the heirs of the plaintiff preferred SA No. 1156 of 1964 ..Category: Property Law | Date: | Hits: 60
Ezaher Meah & others Vs. Shaher Banu and others, 1997, 26 CLC (AD)
.... legal position we find no substance in the contention of the petitioners. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 85 ......the learned Assistant Judge, First Additional Court, Sadar, Chittagong, decreed the suit and directed defendant Nos. 1-3, 9 and 10 to execute and register the kabala in favour of the plaintiff. The decision was upheld by the learned Subordinate Judge, First Commercial Court, Chittagong, in Other..Category: Property Law | Date: | Hits: 73
Khairunnessa being dead, her heirs F. Alam & ors Vs. Zobaida Nahar @ Zharna & ors, 1997, 26 CLC (AD)
....t be restored. The defendant may take back the amount if already deposited in the trial Court. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 430, 49 DLR (AD) (1997) 77 ...... 8. The leaned Counsel for the appellants Mr. Shamsul Huda submits that the order of remand in question is not under Order 41, rule 23 of the Code of Civil Procedure, the trial Court’s decision not being one on preliminary point but on merit. The order is one under section 151 of the..Category: Property Law | Date: | Hits: 82
Rupe Jahan Begum and others Vs. Lutfe Ali Chowdhury and others, 1997, 26 CLC (AD)
.... result, this appeal is allowed with costs and the impugned judgment and order of the High Court Division stand set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 73 ...... 1894 of 1991 (Dhaka) making the Rule absolute and sending the suit back to the trial Court for disposal in accordance with law and in the light of observations made in the judgment. 2. The decision of this appeal turns upon the question whether the High Court Division, in exercise of its..Category: Procedural Law | Date: | Hits: 140
Abdus Salam Sheikh and others Vs. Puspa Rani Shil and others, 1997, 26 CLC (AD)
....ves executing an unregistered agreement for reconveyance. It was also pointed out that such an agreement is not a mortgage under section 58(c) of the Transfer of Property Act. 6. The clear legislative intent of section 95A is, that cases of sale attended with agreement for reconveyance w......h Court Division in its judgment impugned before us. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 436, 49 DLR (AD) (1997) 71 ..Category: Property Law | Date: | Hits: 72
Mohsin Mia Vs. Bangladesh, 1997, 26 CLC (AD)
....foresaid principles and not on any legal right before any order of restraint is passed. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 66 ......tioner. In this context the petitioner by a notice dated 1-1-97 requested the respondents to sell the said Bash Mahal to the petitioner at the price offered by respondent No and 5 and intimate this decision in this regard within 3 days. No reply having been received from the respondents, the peti..Category: Constitutional Law | Date: | Hits: 149
Abdul Jalil Miah (Md) Vs. Niropama Ritchil and ors., 1997, 26 CLC (AD)
....sion, although on different reasonings. In the result the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 426, 49 DLR (AD) (1997) 61 ......Several documents were also proved by the parties in support of their respective cases. 5. The trial court, besides the issues framed in the regular course, took up an additional issue for decision: “Has the plaintiff acquired any title to the suit land by adverse possession?&rdquo..Category: Property Law | Date: | Hits: 72
Resima Sultana Vs. Khaez Ahmed Mojumder, 1997, 26 CLC (AD)
.... The contentions raised by the appellant fail and accordingly the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 57 ...... the judgment and order dated 22nd and 29th April, 1993 passed by the High Court Division in Civil Revision No. 1366 of 1992). Judgment: ATM Afzal CJ: The main question raised for decision in this plaintiffs appeal by leave is whether a family court has power under sub-section (..Category: Family Law | Date: | Hits: 144
Abu Talukder Vs. Bangladesh, 1997, 26 CLC (AD)
.... The petition is dismissed but the order of payment of cost of Taka 2,500.00 to respondent No. 9 is deleted. Ed. This case is also reported in: 49 DLR (AD) (1997) 56 ...... against him in a case. Further, it is primarily for the Government to decide which case will be investigated by the CID. This is purely an executive action and the Government is free to take any decision for securing proper investigation and for the ends of justice in a case. We find no substa..Category: Criminal Law | Date: | Hits: 78
Anwaruddin Bepari Vs. Assistant Commissioner (Land) and Others, 1997, 26 CLC (AD)
....d without lawful authority and be of no legal effect. There will, however, be no order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 94, 49 DLR (AD) (1997) 48 ......f action against that order never abated unlike his writ petition. 11. Abatement of legal proceeding, inter alia, means in English Law where actions are brought to an end without any decision being arrived at on account of the cause of action ceasing to exist (Vide Aiyar’s Ju..Category: Property Law | Date: | Hits: 88
Abul Ahsan Vs. Administrator of Pabna Cham. of Com. & Ind. & anr, 1997, 26 CLC (AD)
.... decision. Accordingly, those petitions are disposed of as not being necessary for deciding the questions raised therein. Ed. This case is also reported in: 49 DLR (AD) (1997) 46 ...... this Division on 18-12-94. In view of our order passed in the leave petition both the petitions for addition of parties as well as for vacating the order of stay do not call for any further decision. Accordingly, those petitions are disposed of as not being necessary for deciding the ques..Category: Procedural Law | Date: | Hits: 122
Mofizul Huq Vs. Mofizur Rahman and others, 1997, 26 CLC (AD)
....lip;…………………….. (b) he shall not canvass or interfere or use his influence or stand as a candidate in any election to a local body or a legislative body in Bangladesh. (2) any person, who contravenes any of the conditions of ser......e meaning of section 7 (2)(e) of the Local Government Ordinance, 1983, reliance was placed on the case of Abdul Mazid vs. Abu Zaffar Mohammad Khalil & ors., 14 BLD (HCD) (1994) 488, which was a decision by a Single Judge who incidentally happened to be the presiding Judge of the Division Ben..Category: Others | Date: | Hits: 85
State Vs. Golam Mostafa & ors., 1997, 26 CLC (AD)
....ave already taken place. For the reasons stated above the appeal is dismissed subject to the modification as above. Ed. This case is also reported in: 49 DLR (AD) (1997) 32 ......entence passed by the learned Sessions Judge was alright but the High Court Division acted wrongly in ‘acquitting the respondents of the charge leveled against their inasmuch as there was no decision on the merit of the case. That part of the order is therefore liable to be set aside and t..Category: Criminal Law | Date: | Hits: 120
Bangladesh Vs. Abdul Latif Chokder , 1997, 26 CLC (AD)
.... was granted. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 393, 49 DLR (AD) (1997) 29 ......ed an application on 20-11-83. The Secretariat of the CMLA rejected the petition on the ground of the conviction of the respondent by a court of law and the same could not be considered as a final decision of his service appeal made on 8- 12-78. 9. It is not disputed before us that..Category: Administrative Law | Date: | Hits: 106
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