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Abdur Rouf (Md) Vs. Abdul Hamid and others, 1997, 26 CLC (AD)

.... Suit No. 71 of 1989 under section 9 of the Specific Relief Act for restoration of possession of his suit shop by evicting defendant No. 1 Md. Abdur Rouf and the suit was decreed by the Additional Assistant Judge, Sylhet, Sadar. On 31-5-1989, a earned Single Judge of the High Court Division in C......tted any illegality in affirming the decision of the trial Court. The petition is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 423, 49 DLR (AD) (1997) 133 ......tted any illegality in affirming the decision of the trial Court. The petition is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 423, 49 DLR (AD) (1997) 133 ..

Category: Property Law | Date: | Hits: 61

Shamsul Arafin Khan Vs. Kazal Miah and others, 1997, 26 CLC (AD)

....ourt, Brahmanbaria in Election Tribunal Appeal No. 5 of 1993 dismissing the said appeal for default which arose from the judgment and order of Election Tribunal Case No. 13 of 1992 of the Court of Assistant Judge and Election Tribunal allowing the election petition on 31-5-93. 2. The shor...... the appellant. Accordingly, the appeal is allowed and the impugned order set aside without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 175 ...... the appellant. Accordingly, the appeal is allowed and the impugned order set aside without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 175 ..

Category: Others | Date: | Hits: 87

Azizul Haque Sikder and others Vs. Collector of Customs, Chittagong and others, 1997, 26 CLC (AD)

.... House, Chittagong, wherein Appraisers are shown in Grade XVI and Preventive Officers are shown in Grade XX, although the scale of pay in both the cases is Taka 470-1135. In the same list Chemical Assistant, Inspector and Master (1st class) are placed in different grades, although the scale of p......own by both the Tribunals below. For the foregoing reasons, the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 172 ......18-12- which was subsequently amen by an SRO dated 3-1-83 certain percentage of Appraisers are to be recruited by direct recruitment and certain percentage by promotion from amongst the Preventive Officers at all times, the proportion varying at various stages. The petitioners were all Preventiv..

Category: Administrative Law | Date: | Hits: 160

Shamsuddin Ahmed Chowdhury Vs. State and another, 1997, 26 CLC (AD)

....ourt Division did not commit any illegality in discharging the Rule. The appeal is dismissed. Ed. This Case is also Reported in: 2 MLR (AD) 1997, 119, 49 DLR (AD) (1997) 159 ......ourt Division did not commit any illegality in discharging the Rule. The appeal is dismissed. Ed. This Case is also Reported in: 2 MLR (AD) 1997, 119, 49 DLR (AD) (1997) 159 ......he basis of this petition of complaint dated 27-9-93 complainant Nurul Anwar was examined by the learned Magistrate. Thereafter the petition of complaint was referred to the Thana Rural Development Officer for enquiry. 4. Leave was granted to consider submission of the learned Advocate for..

Category: Criminal Law | Date: | Hits: 72

Sayeed Farook Rahman Vs. Sessions Judge of the Court of Sessions, Dhaka & other, 1997, 26 CLC (AD)

....ifur Rahman, Advocate instructed by Azra Ali, Advocate-on-Record — For the Petitioner. KS Nabi, Attorney General, (Abdul Wadud Bhuiyan, Additional Attorney-General and Shar Chaklader, Assistant Attorney-General with him), instructed by Mvi Md Wahidullah, Advocate-on -Record — ...... substantial point of law which calls for granting of leave for detailed consideration. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 157 ...... substantial point of law which calls for granting of leave for detailed consideration. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 157 ..

Category: Constitutional Law | Date: | Hits: 179

State Vs. Abdul Khaleque alias Abdul Khaleq Howlader, 1997, 26 CLC (AD)

....nt Bench. The respondent will continue to remain on the same bail already granted to him till the disposal of the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 154 ......nt Bench. The respondent will continue to remain on the same bail already granted to him till the disposal of the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 154 ......nt Bench. The respondent will continue to remain on the same bail already granted to him till the disposal of the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 154 ..

Category: Criminal Law | Date: | Hits: 77

Safaruddin and others Vs. Fazlul Huq and others , 1997, 26 CLC (AD)

....ts by means of several registered Kabalas of the year 1978. They further plead that the suit was bad for defect of party and also non inclusion of all joint properties. 4. The learned Senior Assistant Judge, Third Court, Kapasia dismissed the Suit on 30 July 1994. Upon appeal therefrom bei......round for interference with the impugned order of the High Court Division. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 151 ......round for interference with the impugned order of the High Court Division. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 151 ..

Category: Property Law | Date: | Hits: 71

AFB Jahan Mia (Md) Vs. Chairman, National Board of Revenue and others, 1997, 26 CLC (AD)

....ative Tribunal  Dhaka in Tribunal Case No. 90 of 1987 allowing the appellant’s application in part, directing the respondents to r the appellant’s period service as Upper Division Assistant from 29.9.70 for the purpose of counting his seniority in the post of Inspector of Taxes,......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 ......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 ..

Category: Administrative Law | Date: | Hits: 140

Jalaluddin alias Faruque and ors. Vs. Ehsanuddin and others, 1996, 25 CLC (AD)

....n No. 1136 of 1990 discharging the Rule. 2. Predecessor of respondent Nos. 1-5 as plaintiff No. 1 and respondent No. 6 as plaintiff No. 2 brought SCC Suit No. 112 of 1986 in the First Court of the Assistant Judge, Dhaka for ejectment of the respondents from the suit premises alleging, inter alia,...... 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 ...... 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 ..

Category: Property Law | Date: | Hits: 63

AKM Azizul Islam and another Vs. State, 1997, 26 CLC (AD)

....ajbari, on 16-3-89 wrote to the Officer-in-Charge, Pangsha Police Station, against eight persons, alleging, inter alia, that they by fabricating certain transfer orders got themselves appointed as Assistant Teachers in different Government Primary Schools. Treating the same as the First Informa...... Cr. P. C. Thus the impugned judgment does not call for any interference. The petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 115 ......nd order dated 28-5-96 passed by the High Court Division in Criminal Revision No. 382 of 1992). Judgment:        Md. Abdur Rouf J: The District Education Officer, Rajbari, on 16-3-89 wrote to the Officer-in-Charge, Pangsha Police Station, against eight ..

Category: Criminal Law | Date: | Hits: 87

Nesar Ahmed also known as Babul Vs. Government of Bangladesh, 1997, 27 CLC (AD)

....nst the appellant and Anwarullah under section 19(f) of the Arms Act, 1878 read with section 26 of the Special Powers Act, 1974. The case was transferred to the Court of Special Tribunal No. 3 and Assistant Sessions Judge, Noakhali for trial. It is the appellant’s case that when the case v...... 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 ...... 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 ..

Category: Criminal Law | Date: | Hits: 98

Khandaker G. Najib Vs. Chair., Board of Directors, Agrani Bank, HO, Dhk & ors, 1997, 26 CLC (AD)

....e matter. The appeal is allowed with costs and remanded to the Administrative Tribunal for hearing the case in accordance with law. Ed. This case is also reported in: 49 DLR (AD) (1997) 109. ......e matter. The appeal is allowed with costs and remanded to the Administrative Tribunal for hearing the case in accordance with law. Ed. This case is also reported in: 49 DLR (AD) (1997) 109. ......ed absorption in the new National Pay Scale of Taka 1400.00-2225.00 also claimed promotion as a matter of right in respect of officers of category and was aggrieved by his placement as Grade-V Senior Officer carrying the new scale of pay of Taka 425-1275.00 instead of his proper scale of pay of Taka..

Category: Administrative Law | Date: | Hits: 131

Nurul Hussain Vs. Government of the Republic of Bangladesh, 1997, 26 CLC (AD)

....mitted to raise the same questions in different form. There is no occasion for review. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 108 ......mitted to raise the same questions in different form. There is no occasion for review. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 108 ......p; ATM Afzal CJ: This is a petition for review of the order passed on 25 August, 1994 dismissing CPLA. No. 111 of 1993 filed by the petitioner. 2. The petitioner was a District Co-operative Officer who was dismissed from service by order dated 16-11-1990 on the charge of misconduct follo..

Category: Administrative Law | Date: | Hits: 112

Ashraf Ali @ Asraf Ali Vs. State, 1997, 26 CLC (AD)

.... proceedings, although the reasons given are not the right reasons for doing the same. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 107 ...... proceedings, although the reasons given are not the right reasons for doing the same. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 107 ......estigation under section 420 of the Penal Code, section 24 of the Drugs Act, 1930 and section 25C of the Special Powers Act, 1974, on the allegations, inter alia , that on 16-1-88 the Investigating Officer recovered 69 spurious Ranidin tablets from Asia Medical Hall of which the petitioner is the..

Category: Criminal Law | Date: | Hits: 99

Nasima Begum Vs. Government of Bangladesh, 1997, 26 CLC (AD)

....writ petitioner’s allegations, therefore, stand uncontroversial, making the detention illegal and unsustainable. 4. The High Court Division accepted the oral contention of the learned Assistant Attorney-General appearing for the respondents that the criminal cases were mentioned in......ld in custody without lawful authority. Let the detenu be set at liberty forthwith if not wanted in any other connection. Ed. This case is also reported in: 49 DLR (AD) (1997) 102 ......ld in custody without lawful authority. Let the detenu be set at liberty forthwith if not wanted in any other connection. Ed. This case is also reported in: 49 DLR (AD) (1997) 102 ..

Category: Criminal Law | Date: | Hits: 99

Chitta R Chakraborty being dead, his heirs Ashish C. & ors Vs. Md. A. Rob, 1997, 26 CLC (AD)

....uted property by creating pressure on the defendant. Accordingly, he caused a false criminal case to be filed by the plaintiffs. Kashem Ali also filed a suit against the defendant in the Court of the Assistant Judge. The defendant and Ashrafuz Sultan after their purchase has filed a suit in 1979 for...... 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 ...... 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 ..

Category: Tenancy Law | Date: | Hits: 88

Fazlur Rahman (Md) Vs. Government of Bangladesh, 1997, 26 CLC (AD)

....t from 1.9.95, to have been made without lawful authority and to be of no legal effect and directing further the respondents of the writ petition to allow the writ-petition, Mohammad Monirul Huq, the Assistant Headmaster, to act as the Acting Headmaster of the said school. 2. Relevant facts, in b...... 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. ...... headquarters or its Ad-hoc Managing Committee under regulation 8(2)(a)(i) the Deputy Commissioner (respondent No. 3) or an Additional Deputy Commissioner or Magistrate or Upazila (now thana) Nirbahi Officer, nominated by the Deputy Commissioner shall be the Chairman of such Committee. 8. Evident..

Category: Constitutional Law | Date: | Hits: 163

Secretary, Ministry of Education, Govt. of the People’s Republic of Bangladesh & ors Vs. Md. Anwar Hossain & ors, 1996, 25 CLC (AD)

....shift the school near the upazila complex site at village Alampur. The Deputy Commissioner, Sirajganj and the Upazila Nirbahi Officer also worked in favour of shifting the school at its new site. The Assistant Inspector of schools. Rajshahi Division held an enquiry on November 5, 1984 and by his rep...... statement and, as such, no arguments were allowed to be made on his behalf. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 87. ...... the said School by another unanimous resolution dated 2-5-84 proposed to shift the school near the upazila complex site at village Alampur. The Deputy Commissioner, Sirajganj and the Upazila Nirbahi Officer also worked in favour of shifting the school at its new site. The Assistant Inspector of sch..

Category: Employment/Service Law | Date: | Hits: 95

Ezaher Meah & others Vs. Shaher Banu and others, 1997, 26 CLC (AD)

.... entered appearance in the suit and filed a written statement but ultimately did not contest the same. Defendant Nos. 9 and 10, however, contested the suit. 4. On 28 August 1991 the learned Assistant Judge, First Additional Court, Sadar, Chittagong, decreed the suit and directed defendant...... 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 ...... 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 ..

Category: Property Law | Date: | Hits: 73

Bangladesh House Building Finance Corpn. Vs. Jahan Ara Akhtar & others , 1997, 26 CLC (AD)

....d calls for no interference. The appeal is accordingly dismissed without any order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 293, 49 DLR (AD) (1997) 80 ......d calls for no interference. The appeal is accordingly dismissed without any order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 293, 49 DLR (AD) (1997) 80 ......d calls for no interference. The appeal is accordingly dismissed without any order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 293, 49 DLR (AD) (1997) 80 ..

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