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Abu Taher Vs. Abdur Razzak and others, 1995, 24 CLC (AD)

....8209;on‑Record- For the Respondent No.1. Not Represented ‑Respondent Nos. 2‑4. Civil Petition for leave to Appeal No. 188 of 1995. (From the Judgment and Order dated 12.12.94 passed by the High Court Division in Civil Revision No.3107 of 1993). Judgmen......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 ......rd ‑ For the Petitioner. Shamsul Haque Siddique, Advocate‑on‑Record- For the Respondent No.1. Not Represented ‑Respondent Nos. 2‑4. Civil Petition for leave to Appeal No. 188 of 1995. (From the Judgment and Order dated 12.12.94 passed by ..

Category: Others | Date: | Hits: 101

Shaikh Mustainul Haque Vs. Inspector General of Police and others, 1995, 24 CLC (AD)

....es the matter under section 7A. And in this case the final decision was taken on 14-9-89 enabling the petitioner to bring the case with the Administrative Tribunal within six months from 14-9-89, the date of decision under section 7A. So the case has been brought rightly within the period of limitat......all pensionary benefits under the Rules. 4. An appeal, being No.62 of 1992, was taken by respondent No. 1 against the said judgment and order and the Administrative Appellate Tribunal, as already noticed, set them aside by the impugned judgment and order only on the ground that the case before t......­nance, 1976 (LXXXIV of 1976), section 7A A revision lies to the Government under section 7A of the Ordinance from the Appellate order. Thus the appellant cannot go to the Administrative Tribunal for relief till the government finally decides the matter under section 7A. And in this case the fin..

Category: Administrative Law | Date: | Hits: 111

Shahana Hossain Vs. AKM Asaduzzaman, 1995, 24 CLC (AD)

....rul Islam, Senior Advocate, instructed by Miah Abdul Gafur, Advocate‑on‑Record ‑ For the Respondent.   Civil Appeal No.90 of 1994. (From the Judgment and order dated 4.9.94 passed by the High Court Division, Dhaka in Appeal from Original Order No.95 of 1993.)......pplication filed under section 144 of the Code for restitution of possession when the application is legally maintainable and the appellant is lawfully entitled to possession. 6. As already noticed, in Title Suit No.177 of 1984 the suit was decreed ex parte in favour of the plaintiff‑...... No.255 of 1985 now Title Suit No.212 of 1994). 2. Appellant Mrs. Shahana Hossain was a defendant in Title Suit No.177 of 1984 in the Fourth Court of Subordinate Judge, Dhaka. The suit was for specific performance of contract for sale of house at Pallabi, Dhaka. On transfer to the Court ..

Category: Property Law | Date: | Hits: 68

Superintending Engineer and others Vs. Kazi Asaduzzaman and others, 1995, 24 CLC (AD)

....Wahidullah, Advocate‑on‑Record- For the Respondent No.1. Not represented ‑ Respondent Nos. 2 & 3. Civil Appeal No.19 of 1993. (From the Judgment and Order dated 25.11.91 passed by the High Court Division in Civil Revision No.4012 of 1991 (Dhaka)/Civil R...... that the plaintiff was removed from service on the charge of prolonged and continued absence from duties. He was directed to join his duties several times but he did not care. At last a show cause notice was issued after drawing up a proceeding against him. The notice was sent to his permanent ......rom 1.7.76 to 3.7.76 on account of the illness of his father who along with his mother and his wife and children were at that time living at Magura Town. Enclosing medical certificates he applied for extension of leave till 8.7.76 as the condition of his alling father and wife deteriorated. The..

Category: Property Law | Date: | Hits: 124

Director (Est. & Admin.) T & T Board, Tele Com Building Vs. Hasan Ahmed & anr, 1995, 24 CLC (AD)

....Miah Abdul Gafur, Advocate‑on‑Record ‑ For Respondent No.1. Not represented ‑Respondent No. 2. Civil Appeal No.55 of 1993. (From the judgment and order dated 31.3.1993 passed by the Administrative Appellate Tribunal Appeal No.53 of 1992). Judgm......t the respondent No. 1 admitted the first charge leveled against him and except the charge of threatening over telephone to the Divisional Engineer the other charges were also proved. The Tribunal noticed that the respondent No. 1 was served with a second show cause notice in reply to which he s......ministrative Tribunal in Administrative Tribunal Case No. 29 of 1990. 2. Respondent No.1 Hasem Ahmed Bhuiyan filed an application under section 4(1) of the Administrative Tribunal Act. 1980 for a declaration that the order of the appellant dated 31.11.1988 compulsorily retiring him from s..

Category: Administrative Law | Date: | Hits: 138

Special Reference No. 1 of 1995, 24 CLC (AD)

....eference which was allowed. Mr. Rowshan Ali, another learned Counsel, also came, but very late, when Mr. Asrarul Hossain was in the midst of giving his reply. Therefore, it was not possible to accommodate him but he had left a written submission for our consideration. We must thank all of them for t......s, 1988, in Part VI‑Order XXVIII provide, inter alia, as follows: 1. On receipt by the Registrar of the order of the President referring a question of law to the Court, the Registrar shall give notice to the Attorney‑General of Bangladesh to appear before the Court on a day specified in the ......he same thing, i.e. absent as provided in Article 67(1)(b) and would result in vacation of seat in the parliament if other conditions are present, namely, being absent without leave of the parliament for ninety consecutive sittings days. In computing ninety consecutive sitting days the period betwee..

Category: Constitutional Law | Date: | Hits: 248

Halid Hamidul Huq Vs. Nafisa Chowdhury & ors., 1995, 24 CLC (AD)

....; For the Respondent Nos. 4‑7. Shamsul Hoque Siddique, Advocate‑on‑Record For the Respondent No. 8. Civil Appeal No.30 of 1994. (From the Judgment and Order dated 9.5.93 passed by the High Court Division in Civil Order No. 2807 of 1993). Judgment: ......ay be made before the Court where the tide suit is pending. The appeal is dismissed without any order as to cost. Ed. This case is also reported in: 47 DLR (AD) (1995) 104 ......              M H Rahman CJ: The appellant filed a miscellaneous case under section 74 of the Trusts Act, 1882, FMA No. 74 of 1992 before the Court of Additional District Judge, First Court Dhaka, praying for his appointment as a tr..

Category: Property Law | Date: | Hits: 76

Sadharan Bima Corporation Vs. Sanjib Kumar Das & another, 1995, 24 CLC (AD)

....– Record-For the Respondent No. 1. Md. Nawab Ali, Advocate‑on‑Record ‑For the Respondent No. 2. Civil Appeal No.4 of 1994 (From the Judgment and Order dated 24.8.93 passed by the High Court Division in Appeal from Original Decree No.267 of 1992). ......oo by a letter informed the plaintiff that his claim was under active consideration of the authority. The appellant remained silent for a long time which prompted the plaintiff to issue a lawyer's notice on 10. 11.91, but the appellant without replying to the same directly repudiated the claim o......cturer and seller of homeopathic medicines under the name and style of SB Memco Laboratory at his village Kulkurmal, Police Station Rangunia, District Chittagong. He obtained a loan from pro‑forma defendant No. 2 Janata Bank, Laldighi East, Chittagong on an equitable mortgage of the land a..

Category: Business or Commercial Law | Date: | Hits: 114

Abdul Munern Chowdhury @ Momen Vs. State, 1995, 24 CLC (AD)

....ate‑on‑Record‑ For the Petitioner. Not represented ‑For the Respondent. Criminal Petition for Leave to Appeal No. 13 of 1995. (From judgment and order dated 4th December, 1994 passed by the High Court Division, Dhaka in Criminal Revision No. 1450 of ......ars to be a child or not and then to proceed accordingly. In the instant case the learned Additional Sessions Judge observed that the age of the petitioner could not be less than 16 years. He also noticed that there was sign of interpolation in the registration card and the certificate issued fr......(appeared with leave of the Court) instructed by Md. Nawab Ali, Advocate‑on‑Record‑ For the Petitioner. Not represented ‑For the Respondent. Criminal Petition for Leave to Appeal No. 13 of 1995. (From judgment and order dated 4th December, 1994 passed..

Category: Criminal Law | Date: | Hits: 66

Abdul Hakim (Md) Vs. Genandra Nath Bashu Roy, 1995, 24 CLC (AD)

....te‑on‑ Record ‑ For the Petitioners. Not represented ‑For the Respondents. Civil Petition for Leave to Appeal No. 50 of 1995. (From judgment and order dated 8th November, 1994 passed by the High Court Division, Dhaka in Civil Revision No. 3418 of 199......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 ......d. Fazlul Karim, Senior Advocate, instructed by Md. Nawab Ali, Advocate‑on‑ Record ‑ For the Petitioners. Not represented ‑For the Respondents. Civil Petition for Leave to Appeal No. 50 of 1995. (From judgment and order dated 8th November, 1994 passe..

Category: Civil Law | Date: | Hits: 109

Zahiruddin son of Abdu Hye Vs. State, 1995, 24 CLC (AD)

.... M Shamsul Alam, Deputy Attorney‑General, instructed by Shamsul Haque Siddique, Advocate-on-Record-For the Respondent. Jail Appeal No.1 of 1994 (From the Judgment and Order dated 11 January 1994 passed by the High Court Division, Dhaka in Death Reference No. 2 of 1990 (Ch......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 ......n CJ: Appellant was condemned to death by the Additional Sessions Judge, Cox's Bazar under section 302 of the Penal Code by his judgment and order dated 28 May 1990 passed in ST Case No.35 of 1987 for intentionally killing his wife Velua Khatun in the night following 14 May 1987. The High Court ..

Category: Criminal Law | Date: | Hits: 73

Lt. Col. (Retd) Nazimuddin Ahmed Vs. Bangladesh and Others, 1995, 24 CLC (AD)

....orney‑General, instructed by Mvi. Md. Wahidullah, Advocate‑on ‑Record ‑ For the Respondents 1‑2. Civil Appeal No.6 of 1994. (From the Judgment and Order dated 9 December 1993 passed by the High Court Division in Writ Petition No.3181 of 1991). J......in the service of the Corporation beyond 31 December 1991 and he could not be reverted to his contract service, cancelled earlier; that his vested right cannot be taken away without any show cause notice and/or any opportunity of Personal hearing to him; and that his appointment was neither with...... On 18 December 1988 he was appointed as a Director of the Bangladesh Oil, Gas and Minerals Corporation (respondent No.3), in brief, the BOGMC, with effect from 1 January, 1989 on a contract basis for a period of three years. The appointment was made under section 6(l) of the Bangladesh Oil, Gas..

Category: Employment/Service Law | Date: | Hits: 117

C Q M H Md. Ayub Ali Vs. Bangladesh and others, 1995, 24 CLC (AD)

....the Respondents(In Civil Appeal No. 49 of 1994). Abdul Wadud Bhuiyan, Additional Attorney General‑ Amicus Curiae. Civil Appeal No. 80 of 1993. (From Judgment and order dated 29th July, 1993 passed by the High Court Division, Dhaka in Writ Petition No.688 of 1989). ......tuted Title Suit No.588 of 1982 in the First Court of Munsif, Dhaka for specific performance of contract and obtained an ex-parte decree on 10.4.1982. The Government was party thereto and received notice of the suit. She obtained a deed through Court on 19.6.1982 and possession of the case prope......w, namely, application of section 5 of the Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 (Ordinance No. LIV of 1985), briefly, the Ordinance. Accordingly they are taken up together for disposal although the facts of the two cases are different and they arise out of two different..

Category: Property Law | Date: | Hits: 86

Bangladesh Parjatan Corporation, Dhaka Vs. AKM Abul Kalam, 1995, 24 CLC (AD)

.... the Appellant. A Rab Chowdhury, Advocate instructed by ANM Manjurul Hasan Advocate- on- Record- For the Respondent. Civil Appeal No. 24 of 1993 (From the Judgment and Order dated 22.10.91 passed by the High Court Division in Writ Petition No. 128 of 1987). Judgment......ng him to indicate if he wishes to be heard before the Enquiry Officer in person. The respondent submitted a reply to the charge‑sheet on 14.5.86. Thereafter he was given a second show cause notice dated 12.6.86 asking him to show cause why he shall not be dismissed from the service of the...... proceeding on three specific charges contained in the charge‑sheet dated 8.5.86 requiring him to submit his written reply within 7 days and asking him to indicate if he wishes to be heard before the Enquiry Officer in person. The respondent submitted a reply to the charge‑sheet on 1..

Category: Employment/Service Law | Date: | Hits: 134

Sirajul Islam (Md). Alias Siraj Madbar and others Vs. Keramat Ali Bhuiyan & ors, 1995, 24 CLC (AD)

....e‑on‑Record-For the Respondent No.2  Matiul Islam, Assistant Attorney- General - Amicus Curiae, Criminal Appeal No. 10 of 1994. (From the Judgment and order dated 12.6.1994 passed by the High Court Division in Criminal Revision No 982 of 1994). Judg......taking the ground that the public prosecutor in charge 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 transfer......e, Madaripur, under section 526 of the Criminal Procedure Code. The said case is Sessions Case No. 29 of 1990 under various sections of the Penal Code including section 302. 2. Appellants before us are the accused‑persons in that sessions case. Hearing of the case was last adjourned..

Category: Criminal Law | Date: | Hits: 67

Bangladesh Vs. Dr. Dhiman Chowdhury and others, 1993, 22 CLC (AD)

....te instructed by Aftab Hossain, Advocate‑on‑Record ‑ For the Respondent No. 1. Not Represented ‑ For the Respondent Nos.2-4. Civil Appeal No. 57 of 1993. (From the Judgment and Order dated 19 May, 1993 passed by a Division Bench of the High Court Division in Writ Petition No. 536 of......a Asram on 13.1.92, damaged some statues and threatened the saint and Purahit showing deadly weapons, A General Diary was made in this regard at the Bandar thana. In the meantime the Authority served notice upon the Islami Sramik Shangha to restore possession of the premises used by them and finding......ment and order dated 19 May, 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. ..

Category: Constitutional Law | Date: | Hits: 185

Quazi Din Mohammad Vs. Al_haj Arzan Ali and another, 1995, 24 CLC (AD)

....ahidullah, Advocate‑ on‑ Record ‑ For the Respondent No. 1. Not Represented ‑Respondent No. 2. Civil Appeal No. 9 of 1994. (From the judgment and order dated 14 July 1993 passed by the High Court Division in First Appeal No. 87 of 1986). Judgm......n, in collusion with each other, converted the blank stamp‑paper into an agreement for sale about which he did not know anything till he received a copy of the plaint of the suit along with a notice. 5. The learned Subordinate Judge, on consideration of the evidence, oral and docum......vision dated 14 July 1993 in first Appeal No. 87 of 1986 confirming the Subordinate Judge's Judgment and decree in Title Suit No. 46 of 1979. Questions raised in this appeal are whether specific performance of contract for sale of the land in suit should have been refused in the facts and circum..

Category: Property Law | Date: | Hits: 69

Sova Rani Guha alias Sova Rani Gupta Vs. Abdul Awal Mia and others, 1995, 24 CLC (AD)

....ga Chandra Dey, Tanu Bala Day, Indra Bala Dhar and her husband Aswini Kumar Dhar were the auction purchasers. This defendant purchased the 8 annas share of Dinesh Chandra Dey by a registered Kabala dated 1 January 1970. She is living in a dwelling house on the suit land since the settlement. Unde......er entitlement under section 4 of the Partition Act, .1893 was not at all satisfactory. The appeal is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 45 ......o. 327 of 1980 decreeing the respondent‑plaintiffs' suit in part. 2. Respondent Nos. 1‑3 filed the suit, Title Suit No. 11 of 1972 of the Court of Subordinate Judge, Patuakhali, for partition claiming 0.3077 acres in the suit property and for a declaration that the compromise ..

Category: Property Law | Date: | Hits: 51

Syed Mohammad Salem Azam and others Vs. Secretary, Ministry of Works, Govt. of BD, 1995, 24 CLC (AD)

....4. Judgment:                   Mustafa Kamal J: This appeal by leave is from the judgment and order dated November 22, 1993 passed by a Division Bench of the High Court Division summarily rejecting t......1 had the jurisdiction to review its previous order alleged to have been obtained by fraud and misrepresentation, that this property was declared as an abandoned property in November, 1982 after a notice was served under Article 7 of President's Order No. 16 of 1972, that the very fact of the de......tly purchased the premises in dispute appertaining to plot No. 2039, Mouza Sutrapur, Bogra Khatian old 81 and new 137 consisting of 0.6250 acres from its owner Al‑haj Habibur Rahman Chowdhury for Taka 85,000.00 in equal shares. They constructed a two‑storied building thereon, mutated..

Category: Property Law | Date: | Hits: 62

State Vs. MA Malik, 1995, 24 CLC (AD)

....ub Hossain, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Respondent. Criminal Petition for Leave to Appeal No. 108 of 1994. (From judgment and order dated 28th August, 1994 passed by the High Court Division, Dhaka in Criminal Misc. Case No. 1402 of......time she had left for her father's house at Sylhet for better treatment. The respondent, however, refused to come to a compromise before payment of the dowry. She received the respondent's lawyer's notice dated 21.11.1992 demanding a huge amount to which she sent a reply. The learned Judges noti......n, Advocate‑on‑Record-For the Petitioner. Kh. Mahbub Hossain, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Respondent. Criminal Petition for Leave to Appeal No. 108 of 1994. (From judgment and order dated 28th August, 1994 passed..

Category: Criminal Law | Date: | Hits: 64