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....d 12.6.45 and that her husband purchased the same land by a registered kabala dated 16 Chaitra, 1350 BS and that since then they had been possessing the suit land in exercise of this right, title and interest therein; that while the plaintiff (mother of the appellant) had been in exclusive possessio......y comment.
The appeal is allowed with cost and the case is sent back to the High Court Division for disposal in accordance with law.
Ed.
This case is also reported in:47 DLR (AD) (1995) 162.
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Category: Property Law | Date: | Hits: 46
Abu Taher Vs. Abdur Razzak and others, 1995, 24 CLC (AD)
....the case contended in his written objection that in repayment of the loan he deposited Taka 30,000.00 on 1.12.91 and Taka 20,000.00 on 18.12.91 and that he prayed for remission of normal and penal interest which was still pending with the Krishi Bank. By judgment and order dated 10.11.92 the Ele......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
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. ......te Division (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Forkan alias Farhad and another…………………………...Accused‑Appellants Vs. State............................................................Respondent Judgment June 15..Category: Criminal Law | Date: | Hits: 49
Abu Taleb Vs. Government of Bangladesh, 1995, 24 CLC (AD)
....ercise of power. 3. Respondent No.2 the Chairman, Civil Aviation Authority in its written statement contended that the appellant was retired under section 9(2) of the said Ordinance in the public interest without assigning any reason. He has been given all pensionary and other benefits and the o......€¦â€¦..................Respondents Judgment June 26, 1995. Result: The appeal is dismissed. Cases Referred to- Mofizur Rahman Khan Vs. Government of Bangladesh, 34 DLR (AD) 321; State of Punjab Vs. Gurdial Singh, AIR 1980 (SC) 319; Dr. Nurul Islam Vs. Bangladesh, 33 DLR (AD) 20..Category: Administrative Law | Date: | Hits: 175
Special Reference No. 1 of 1995, 24 CLC (AD)
....within the limits set down in the Constitution, not because they arrogate to themselves any claim of infallibility but because the Constitution itself charges them with this necessary function in the interests of collective security and stability. In this process, extreme and anxious care is invaria...... 18 DLR (SC) (1966) 62 (68); Anwar Hossain Khan vs. Speaker Jatiya Sangsad, 47 DLR (1995) 42; Laurence Claude Levack, AIR 1954 (Mad) 898; Anwar Hossain vs. Bangladesh, 1989 BLD (Spl) I; AT Mridha Vs. State, 25 DLR (AD) 335; & Kudrat‑e‑Elahi Paneer Vs. Bangladesh, 44 DLR (AD) 319.  Special R..Category: Constitutional Law | Date: | Hits: 248
Shameen Vs. Government of Bangladesh & others, 1995, 24 CLC (AD)
....l is allowed, but without any order as to costs. The detenu be released forthwith, if not wanted in connection with any other case. Ed. Â This case is also reported in:Â 47 DLR (AD) (1995) 109. ......ts Judgment March 14, 1995. Result: The appeal is allowed. Cases Referred to- Md. Shahabuddin Vs. District Magistrate, 24 Parganas and others (1975) 4 SCC 114; Altaf Ahmad Matoo Vs. State and others, 1989 Crl LJ 1270. Lawyers Involved: Mainul Hosein, Advocate (Md. Joynul Abed..Category: Criminal Law | Date: | Hits: 75
Golam Rahman Vs. Hazera Khatun, 1995, 24 CLC (AD)
....o the suit land and for other relief’s on the averments, inter alia, that the suit land originally belonged to Kalipada Biswas and Hemanta Biswas, that one Shubashini Debya acquired 12 annas interest therein and she subsequently executed a Power of Attorney in favour of one Md. Abdul Gafur......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)
....llant without replying to the same directly repudiated the claim of the plaintiff by a letter dated 16.11.91 Ext, 11. It was stated therein that Janata Bank without having any insurable inoperable interest in the insured properties became a signatory to the insurance proposal and the plaintiff s......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 ..Category: Business or Commercial Law | Date: | Hits: 114
Abdul Munern Chowdhury @ Momen Vs. State, 1995, 24 CLC (AD)
..... 5. There is thus absolutely no reason to interfere in this matter. The petition is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 96 ...... Present : MH Rahman CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdul Munern Chowdhury @ Momen ..............Accused‑Petitioner Vs. State…………………….Respondent Judgment ..Category: Criminal Law | Date: | Hits: 66
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 ......ellate Division (Criminal) Present : ATM Afzal J Mustafa Kamal J Latifur Rahman J Yakub Ali..................Petitioner Vs. State.................... Respondent Judgment March 30th, 1995. Lawyers Invol..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 ......) Present: M H Rahman CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J Zahiruddin son of Abdu Hye......................Appellant (In Jail) Vs. State……………………………&hellip..Category: Criminal Law | Date: | Hits: 73
Lt. Col. (Retd) Nazimuddin Ahmed Vs. Bangladesh and Others, 1995, 24 CLC (AD)
....December 1989 the appellant made an application to the President of Bangladesh for absorption/ appointment as a permanent employee of the Corporation. He was absorbed/ appointed "in the public interest" as a regular incumbent of the Corporation with effect from his date of joining the ......d counsel for the appellant has frankly conceded that if the appellant's appointment was not lawful then the Government could well cancel that appointment. 21. After considering Shahbaz vs. State 8 DLR (FC) 20=PLD 1956 FC 46; Lt. Col. GL Bhattacharya vs. State 16 DLR (SC) 442=PLD 1964 SC ..Category: Employment/Service Law | Date: | Hits: 117
C Q M H Md. Ayub Ali Vs. Bangladesh and others, 1995, 24 CLC (AD)
.... and vested in the Government. 7. The Court of Settlement by its judgment and order dated 23.5.1989 dismissed the case holding, inter alia, that the appellant has not acquired any right or interest in the disputed property. Appellant then moved the High Court Division and obtained a Rule......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
Hasan Ali and others Vs. State, 1995, 24 CLC (AD)
....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 ...... Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Hasan Ali and others ...............................Accused‑Appellants Vs. State………………Respondent Judgment November 2nd..Category: Criminal Law | Date: | Hits: 60
Bangladesh Parjatan Corporation, Dhaka Vs. AKM Abul Kalam, 1995, 24 CLC (AD)
....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 ......opportunity to defend himself. (2) The officer or employee shall be allowed seven days' time from the date of receipt of the charge to put in a written explanation of his defence and to State whether he desires to be heard in person. If he so desires or if the authority concerned s..Category: Employment/Service Law | Date: | Hits: 134
Sirajul Islam (Md). Alias Siraj Madbar and others Vs. Keramat Ali Bhuiyan & ors, 1995, 24 CLC (AD)
....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 ......rge of the case had been influenced by one of the accused, Anwar Hossain. The learned Judges of the High Court Division did not issue any Rule or notice upon the accused‑opposite party or the State, but allowed the application and transferred the case to the Court of Sessions Judge, Madari..Category: Criminal Law | Date: | Hits: 67
Afia Khatoon Vs. Mobasswir Ali and others, 1995, 24 CLC (AD)
....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 ...... in the instant case in which the present petitioners are charge‑sheeted are considered as re‑investigation which is barred by law. The decision in the case of Sultan Ahmed Matbar vs. State, reported in 37 DLR 185 and Slate vs Kashem 27 DLR 342 clearly pointed out "that ther..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. Dr. Dhiman Chowdhury and others, 1993, 22 CLC (AD)
....he Authority to the satisfaction of all concerned and given the charge of Chief Medical Officer on 5.12.92. It has been alleged in the writ petition that there developed a resistance among the vested interest against the detenu and they started discriminating him on the ground of religion and a sent......nt Vs. Dr. Dhiman Chowdhury and others.........................Respondents Judgment August 9, 1993. Cases Referred to- Abdul Latif Mirza vs Government of Bangladesh, 31 DLR (AD) 1; State of Bombay vs. Atma Ram, AIR 1951 (SC) 157; East Pakistan vs. Rowshan Bijaya, 18 DLR (SC) 214; ..Category: Constitutional Law | Date: | Hits: 185
Quazi Din Mohammad Vs. Al_haj Arzan Ali and another, 1995, 24 CLC (AD)
....(b) and 28(a) of the Specific Relief Act. In the result, the appeal is dismissed without, however, any costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 48. ......(b) and 28(a) of the Specific Relief Act. In the result, the appeal is dismissed without, however, any costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 48. ..Category: Property Law | Date: | Hits: 69
Haider Ali Khan vs. State, 1995, 24 CLC (AD)
....ass the order of conviction and sentence. 5. There is no substance in this petition which is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 47 ......bsp; ATM Afzal J Mustafa Kamal J Haider Ali Khan ........................Accused‑Petitioner Vs. State………………………….Respondent ..Category: Criminal Law | Date: | Hits: 74
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