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Government of Bangladesh and others Vs. Md. Sharfuddin Mollah, 2002, 31 CLC (AD)

....espondent is maintained.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 120.  ......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.  ...... 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

Director, Housing and Building Research Institute Vs. Darus-Salam Co-operative Housing Society Ltd. and others, 2002, 31 CLC (AD)

....ction 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. ...... 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. ...... 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)

....der as to costs.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 106.  ......   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 ......reed by the aforementioned judgment and decree the suit which was for declaration of title to the three items of properties described in the ‘Ka’ schedule attached to the plaint and for recovery of khas possession thereof.   2. Plaintiff-petitioner filed the sui......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)

....dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 101.  ......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 ......tance in the petition. Accordingly, the same is dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 101.  ......tance in the petition. Accordingly, the same is dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 101.  ..

Category: Criminal Law | Date: | Hits: 76

Mahbubur Rahman and others Vs. Taslimuddin Ahmad and others, 2002, 31 CLC (AD)

....peals are allowed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 97.  ......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...... For the reasons stated above, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 97.  ...... For the reasons stated above, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 97.  ..

Category: Administrative Law | Date: | Hits: 91

Government of the People’s Republic of Bangladesh Vs. SM Fariduddin, 2002, 31 CLC (AD)

....ereby set aside and the writ petitions are found to be not maintainable. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 95. ......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. ......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)

....n this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 78. ......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. ......  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)

....ispute 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.  ...... 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.  ......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)

....this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 64.  .......   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.  .......   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.  .......   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.  ..

Category: Election Law | Date: | Hits: 158

State Vs. Monu Miah and others, 2001, 30 CLC (AD)

.... 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. ......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......, though admitted in her cross-examination that PWs 8, 9 and 4 were not present in the house on the date the dead body was recovered but conversely the proved fact that absence of PW 8 on the date of recovery of dead body in any way affect the evidence of PW 8 that he has seen victim Salma going wit......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)

...., the same are dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 36.  ......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.  ......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 dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 35.  ......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.  ...... wronged.   The petition is dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 35.  ..

Category: Procedural Law | Date: | Hits: 97

Osman Gani Vs. State, 2002, 31 CLC (AD)

....set at liberty if not wanted in any other case.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 34. ......   9. Admittedly, there is no direct evidence about the appellant’s committing the murder of Monowara. Neither is there any direct evidence about his being in the house at the time of the occurrence. There is also no direct evidence that the appellant had anything to do wit...... appellant and acquit him. The appellant be set at liberty if not wanted in any other case.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 34. ...... appellant and acquit him. The appellant be set at liberty if not wanted in any other case.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 34. ..

Category: Criminal Law | Date: | Hits: 55

State Vs. Abdul Barek and Others, 2001, 30 CLC (AD)

....d the warrant of arrest issued against respondent Nos. 4 and 5 are recalled and cancelled. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 28; 7 MLR (AD) 17.  ......774-Exhibit B-it would appear that Bakul Bibi got herself admitted at 7 PM while it has been shown to be 3-45 PM by tampering the records. There is however clear marks of over writing in the Entry of time in Si Nos. 2772, 2773 and 2774.” 5. Thus there is no impediment for us not to rely on the ...... respective bail bond and the warrant of arrest issued against respondent Nos. 4 and 5 are recalled and cancelled. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 28; 7 MLR (AD) 17.  ...... respective bail bond and the warrant of arrest issued against respondent Nos. 4 and 5 are recalled and cancelled. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 28; 7 MLR (AD) 17.  ..

Category: Criminal Law | Date: | Hits: 55

Commissioner of Taxes, Dhaka (South) Zone, Dhaka Vs. Ujala Match Factory, 2002, 31 CLC (AD)

....ut any order as to costs.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 23.  ......n 10(2)(XVI) of that Act as alleged in the reference. The High Court Division also clarified the impugned judgment of the Income Tax Appellate Tribunal that in mentioning under section 10(2) second time, it was not mentioned whether the claim was allowed under clause (X) or (XVI) probably throug......  The appeals are dismissed without any order as to costs.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 23.  ......  The appeals are dismissed without any order as to costs.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 23.  ..

Category: Fiscal/Taxation Law | Date: | Hits: 66

Akbar Hossain (Md) Vs. MD, Agrani Bank and others, 2002, 31 CLC (AD)

....is dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 21.  ......short fact stating, inter alia, that the petitioner, appointed as a Stenographer was absorbed and promoted to the rank of Branch Manager and on transfer to join his place of transfer allowed 7 days time but due to illness of the mother and on reaching home found her condition serious. Petitioner ......   In view of the above, the petition is dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 21.  ......   In view of the above, the petition is dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 21.  ..

Category: Employment/Service Law | Date: | Hits: 83

Government of Bangladesh and other Vs. Nidhi Ram Moni and others, 2002, 31 CLC (AD)

....The petition is dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 14.  ......been possessing the property either by himself or through bargadar and the report of Tahsilder VP also admitted such possession and that Nidhiram cleared rental dues of the case land and so at the time of granting lease the petitioner ought to have been notified and thus directed to give prefere......e High Court Division.   The petition is dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 14.  ......e High Court Division.   The petition is dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 14.  ..

Category: Property Law | Date: | Hits: 43

Khairullah (Md) Vs. ADC (Revenue) and another, 2001, 30 CLC (AD)

....sing the discretion. 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) 13. ......lay and it is well settled that they should be treated equally with other public litigants. He submits that the Government respondent failed to make out a case for condonation of delay of such a long time and the explanation is not at all satisfactory. 5. We have gone through the judgment of the...... Court Division in exercising the discretion. 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) 13. ...... Court Division in exercising the discretion. 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) 13. ..

Category: Procedural Law | Date: | Hits: 121

AKM Ali Imam Vs. DG, Bangladesh Agricultural Research Institute & another, 2002, 31 CLC (AD)

....ame is accordingly, dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 5. ......h was allowed and the Tribunal set aside the order of removal on the ground that the borrowing authority had no jurisdiction to pass order of removal from service of the petitioner but at the same time refused to order his reinstatement and a decision was taken by the Ministry of Agriculture for......There is no merit in this petition and the same is accordingly, dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 5. ......There is no merit in this petition and the same is accordingly, dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 5. ..

Category: Administrative Law | Date: | Hits: 104

S. M. Iqbal Hossain Vs. Managing Director, I F I C Bank Ltd., 2006, 35 CLC (AD)

....the matter and as such the impugned judgment does not call for our interference. The petition is, therefore, dismissed. Ed. ......ervice and the present proceeding was the first proceeding against him. Although it cannot be said that the circumstances considered by the Tribunal were all cogent circumstances but, at the same time, it cannot also be said that there was nothing at all to sustain an alteration of the sente......that the High Court Division took a correct view in the matter and as such the impugned judgment does not call for our interference. The petition is, therefore, dismissed. Ed. ......that the High Court Division took a correct view in the matter and as such the impugned judgment does not call for our interference. The petition is, therefore, dismissed. Ed. ..

Category: Employment/Service Law | Date: | Hits: 78