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....gainst certain observation in the aforementioned judgment "We recommend that a Unified Marriage and Divorce Act for all the citizens should be enacted by the Parliament keeping in pace with the modem time''.
2. In our view, instead of granting leave to appeal, petitioner’s anxiety reflected in......eby expunged.
The leave petition, with the above observations and upon expunging the impertinent recommendation, is disposed of.
Ed.
This Case is also Reported in: 54 DLR (AD) (2002) 168. ..
Category: Family Law | Date: | Hits: 192
Bangladesh Biman Corporation & others Vs. Md. Yousuf Haroon & others, 2002, 31 CLC (AD)
.... to retire from service after completion of 25 years of service by giving 30 day’s prior notice. Similarly, Corporation may if it considers expedient so to do retire from service an employee at any time after he has completed 25 years of service without assigning any reason……(25) (ii) When......d without any order as to cost. Order of the Court By a majority decision the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 161. ..Category: Employment/Service Law | Date: | Hits: 186
Moulana Abdul Mannan Vs. Halima Khatun and ors, 2002, 31 CLC (AD)
.... two karants of land by a registered Waqfnama on 30 Ashar 1324 BS for the maintenance of a mosque which he established in the waqf property. The waqf deed, inter alia, provided that during his lifetime he would remain Mutwalli and if he died without leaving any son, then among his daughters who ......or the appellant that the learned Single Judge of the High Court Division has misread the deed of Waqf and disturbed the decision of the District Judge who is the appellate authority in respect of appointment of Mutwalli of Waqf Estate. 2. The facts of the case, in short, ar..Category: Trust/Waqf Law | Date: | Hits: 209
Bangladesh Vs. Md. Naziur Rahman and others, 2002, 31 CLC (AD)
....ed Rule upon the opposite parties asking them to show cause why the detenu Hussain Muhammad Ershad should not be brought before that Division to be dealt with in accordance with law and at the same time on hearing the learned Advocate of both the sides granted ad interim bail for one month or ti......, and the same is accordingly dismissed. Stay granted earlier is hereby vacated. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 157. ..Category: Criminal Law | Date: | Hits: 66
Abu Siddique and anr Vs. Government of the People’s Republic of Bangladesh, 2002, 31 CLC (AD)
....y officer of the Bureau is authorised to exercise, subject to any orders made by the Government, “any of the powers of officer- in-charge of police station in the area in which he is for the time being and when so exercising such power shall”, subject to any orders made by the Govern...... Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 154. ..Category: Criminal Law | Date: | Hits: 58
Bangladesh and others Vs. Dr. Shamima Sultana Rita, 2002, 31 CLC (AD)
....en days where it was noted. Admittedly the diary is being maintained by the Investigating Officer and legally this cannot be looked into by any one except of course, by the Public Prosecutor at the time of trial and at any time by the appropriate Court if it is so desired. This diary is not a pub...... Appeal has become infructuous and accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 151. ..Category: Criminal Law | Date: | Hits: 65
Giasuddin and another Vs. State, 2002, 31 CLC (AD)
....he Penal Code and sentenced each of them to death and thereafter reported the matter to the High Court Division under section 374 of the Code of Criminal Procedure for confirmation and at the same time the condemned prisoners Giasuddin and Jamal Uddin alias Abullah preferred Criminal Appeal No. ......on. There is no merit in this petition and the same accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 146. ..Category: Criminal Law | Date: | Hits: 47
Hiran Chandra Dey and anothers Vs. Md. Abdul Quyum and others, 2002, 31 CLC (AD)
....nts in the case land. 9. PW 1 in his evidence has stated that Ilias Miah died leaving wife Ful Banu, two sisters Rahima Bibi and Kulsuma Bibi and brother Yunus. But at the same time PW 1 has stated that he has not filed paper to show that Rahima Bibi and Kulsuma Bibi are the......ame are allowed. There is no order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 126. ..Category: Property Law | Date: | Hits: 55
Government of Bangladesh and others Vs. Md. Sharfuddin Mollah, 2002, 31 CLC (AD)
....ppeal to the Deputy Inspector General of Police, Khulna (Appellant No. 2) and the same was dismissed on 23rd April, 1996. 3. It may be mentioned the respondent at the relevant time i.e. when the disciplinary proceeding was initiated against him and was dismissed from service...... The order of dismissal in respect of the respondent is maintained. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 120. ..Category: Administrative Law | Date: | Hits: 116
.... land will be necessary for the completion of BRI scheme and for that the society may be allotted more or less equal area of land contiguous of their land so that none may be inconvenienced. Although time passed but because of the procedural matters involved towards the materialisation of the formul...... evicted, in writ jurisdiction which is not permitted.
In the result the appeals are allowed.
There is no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (AD) (2002) 111.
..
Category: Property Law | Date: | Hits: 54
Jitendra Nath Mistry Vs. Abdul Malek Howlader and ors., 2002, 31 CLC (AD)
.... 4. Iswar Chandra was the owner of 3.43 ½ acres of land. He died leaving son Balaram died leaving son Narayan Chandra and widow Beloka Sundari. Narayan Chandra died some time after the death of his father leaving his mother Beloka Sundari. Beloka Sundari thus acquired ......smissed. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 106. ..Category: Property Law | Date: | Hits: 47
Delower Hossain Khan Vs. State, 2002, 31 CLC (AD)
....n or whether the accused had community of purpose or design in committing the alleged offence or whether there was community of action or that series of acts were connected together by proximity of time, unity of purpose and continuity of action. The totality of the action of the petitioner and ......Senior Advocate, instructed by Md Nawab Ali, Advocate-on- Record—For the Petitioner Abdur Razaque Khan, Additional Attorney-General—For the Respondent (Special appointment). Criminal Petition for Leave to Appeal No. 191 of 2000. ..Category: Criminal Law | Date: | Hits: 76
Mahbubur Rahman and others Vs. Taslimuddin Ahmad and others, 2002, 31 CLC (AD)
....irectly as Assistant Commissioner of Taxes on 15-7-1985 and on 21-1-86, 28 Assistant Commissioners of Taxes were directly appointed by violating the quota rules. Respondent No. 1 was also granted time scale and there was no hurdle for promotion of respondent No. 1 as Assistant Commissioner of T...... 4. Government of Bangladesh contested the case asserting that BCS (Taxation) Recruitment Rules, 1981 provides for two-third posts of Assistant Commissioner to be filled up by direct appointment while the rest one-third post are to be filled up by promotion from Extra-Assistant Co..Category: Administrative Law | Date: | Hits: 91
Government of the People’s Republic of Bangladesh Vs. SM Fariduddin, 2002, 31 CLC (AD)
....as already been given effect prior to the issuance of the stay order, as such, the same is liable to be set aside.” 3. Both the parties put in their concise statements, but at the time of hearing only appellants appeared through the learned Attorney General but none appeared on ......Nos. 4165 and 4380 of 2000 respectively are hereby set aside and the writ petitions are found to be not maintainable. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 95. ..Category: Employment/Service Law | Date: | Hits: 57
Ilias Hussain (Md) Vs. State, 2002, 31 CLC (AD)
....rhoea and on getting the information he along with his son started for the house of the Convict petitioner but on way he got information that his daughter committed suicide by hanging. At the same time he also got information that on the previous night his son-in-law, who is the petitioner herea...... There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 78. ..Category: Criminal Law | Date: | Hits: 52
Gooryonly (BD) Textile Ltd. Vs. Chartkar Information Holding Ltd. and ors., 2002, 31 CLC (AD)
.... his property, or (b) is about to remove the whole or any part of his property from, the local limits of the jurisdiction of the Court the Court may direct the defendant, within a time to be fixed by it, either to furnish security, in such sum as may be specified in the ord......dit in this suit concerning dispute between the buyer and seller. The petition dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 70; 22 BLD (AD) 2002, 89. ..Category: Civil Law | Date: | Hits: 115
Bangabir Kader Siddiqui, Bir Uttam Vs. Government of Bangladesh, 2002, 31 CLC (AD)
..... There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 64. ...... of the Representation of the People Order 1972 has no manner of application in respect of any dispute other than pre poll irregularities and, as such, the Election Commission cannot insist in the appointment of judicial officers in the inquiry committee but in any view of the matter the judicia..Category: Election Law | Date: | Hits: 158
State Vs. Monu Miah and others, 2001, 30 CLC (AD)
....ed Sessions Judge, Habigonj and registered as Sessions Case No. 17 of 1994. Thereafter, it was transferred to the Court of learned Additional Sessions Judge, Habigonj for hearing and disposal. At the time of trial the charge was framed under sections 302/201/34 of the Penal Code against all the accu......ral also could not point out any illegality or infirmity therein for our interference. Thus the petition is, accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 60. ..Category: Criminal Law | Date: | Hits: 59
BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)
....ble activities of BRAC which are fully within the ambit of the activities as contemplated under SRA 1860 and, as such, are not barred by either SRA 1860 or any other law, rule or regulation for the time being in force. BRAC was given permission to sponsor BRAC Bank Limited fully in accordance wi......se appeals. Accordingly, the same are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 36. ..Category: Constitutional Law | Date: | Hits: 199
Government of Bangladesh Vs. Ramananda Sarker, 2002, 31 CLC (AD)
....s. It is Article 95 of the First Schedule to the Limitation Act which governs a suit to set aside a decree obtained by fraud or for other relief on the ground of fraud. It provides 3 years from the time when fraud becomes known to the party wronged. The petition is dismis...... wronged. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 35. ..Category: Procedural Law | Date: | Hits: 97
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