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Abdul Alim Vs. State and others, 2001, 30 CLC (AD)
....er of the Magistrate for handing over possession of holding Nos. 59 and 5911 to second party Humayun Kabir. It was submitted before the High Court Division that as the proceeding was stayed at the time of issuing the Rule, the possession of holding Nos. 59 and 59/1 Purana Paltan was not handed o......party. The Petition is, therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 64. ..Category: Criminal Law | Date: | Hits: 62
Abul Khair (Md) Vs. Pubali Bank Ltd and another, 2000, 29 CLC (AD)
....ourt Division passed in Civil Revision No. 2786 of 1996 making the Rule absolute. 2. Plaintiff filed Other Suit No. 53 of 1996 for declaration and permanent injunction stating that at the relevant time he was AGM of the respondent Pubali Bank a Public Limited Company and not of a Nationalised Ban......gned judgment and order. The submissions of the learned Advocate do not merit any consideration. The petition is dismissed. Ed. This Case is also Reported in:53 DLR (AD) (2001) 62. ..Category: Civil Law | Date: | Hits: 105
Government of Bangladesh Vs. Nurul Haque Miah and another, 2001, 30 CLC (AD)
....re-II on 7-10-63 After the amalgamation of the Agricultural Income Tax Department with General Income Tax Department he was absorbed as an Extra Assistant Commissioner of Taxes on 1-7-76. At that time seniority was not determined. In the gradation list prepared on 24-1-85 respondent No. 1 was s......the facts of this case. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 59. ..Category: Administrative Law | Date: | Hits: 93
State Vs. Shahjahan, 2001, 30 CLC (AD)
....ecution case is that, on 23-8-1989 about 2-00 PM deceased Mahfuzul Islam alias Rafiz along with his brother PW 7 Saiful Islam were going to catch fish in a pond by the side of their house. At that time accused Shahjahan of the neighbouring house called Mahfuz and took him to his house on t......ed to interfere with the impugned judgment. The leave petitioner is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 58. ..Category: Criminal Law | Date: | Hits: 55
Nuruzzaman (Md) Vs. Moazzem Hossain and others, 2001, 30 CLC (AD)
....eirs were not substituted in the said appeal. It was argued that the judgment in appeal itself was a nullity as the judgment was obtained by the appellants of whom one of them was not alive at the time of hearing and judgment of the appeal. The present appellant who was the petitioner in civil r...... of the Civil Revision No. 1900 of 1991 before the High Court Division. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 56. ..Category: Property Law | Date: | Hits: 46
Rajib Kamrul Hasan and 3 others Vs. State, 2001, 30 CLC (AD)
....amp; 9 (Ka) (ga) The Code of Criminal Procedure, 1898 (V of 1898), Sections 236, 237, 238 & 337 The offence of rape could not be proved but at the same time it is proved on evidence beyond reasonable doubt that the accused- appellants committed immora...... and sentence are maintained. Criminal Appeal No.31 of 1999 is allowed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 50. ..Category: Criminal Law | Date: | Hits: 72
Moyenuddin Torafdar (Md) & others Vs. Tamijuddin Milky and others, 2001, 30 CLC (AD)
....tiff-petitioner did not file the suit within three years of his attaining majority the suit being filed challenging the solenama forty-fifty years after it was made. So whether he was minor at the time of filing of the solenama is irrelevant. Lawyers Involved: ...... the submission. The leave petitioner is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 49 ..Category: Property Law | Date: | Hits: 49
Jatiya Party Vs. Election Commission for Bangladesh and others, 2001, 30 CLC (AD)
....quot;118. (1) There shall be an Election Commission for Bangladesh consisting of a Chief Election Commissioner and such number of other Election Commissioners, if any, as the President may from time to time direct, and the appointment of the Chief Election Commissioner and other Election Com......sion is set aside and the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 38. ..Category: Election Law | Date: | Hits: 144
Bangladesh Biman Corporation and others Vs. Md. Tipu Sultan & others, 2001, 30 CLC (AD)
....of posts in Pay Group V of the 3 separate trades on the basis of the requirement of manpower and that separate seniority list of the 3 trades issued under the memo dated 13-12-1995 is not the first time one, as prior to the issuance of Organisation Order 13 of 1995 separate seniority list was in ......n made herein before the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001)31. ..Category: Employment/Service Law | Date: | Hits: 63
Haripada Ghose and another Vs. Gopal Chandra Ghose, 1995, 24 CLC (AD)
....;daughters of Khenta Bewa claimed any interest in the property either before the District Delegate or before the learned Subordinate Judge. They simply filed a Vokalatnama, and an application for time to enable them to file objection, but in fact no objection was filed before the District De...... just and proper and calls for no interference. The appeal is accordingly dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 164 ..Category: Property Law | Date: | Hits: 67
Mahmudul Islam Chowdhury Vs. Md. Sultanur Kabir Chowdhury and others, 1995, 24 CLC (AD)
....tion of respondent No.1 was liable to be set aside on that ground. The petitioner gave up his other allegations in the election petition. The Tribunal accepted the application and noted that at the time of hearing the arguments of both sides only this question of law was agitated by both sides. M......e matter we do not find any cogent reason to accept the submission of Mr. AR Yousuf. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 161 ..Category: Others | Date: | Hits: 119
Abu Taher Vs. Abdur Razzak and others, 1995, 24 CLC (AD)
....nal interest for remission of which his application is still pending with the Krishi Bank. He is therefore not a defaulter as he has not defaulted in repaying any loan taken by him "within the time allowed by the Bank". 3. The submission is misconceived, as according to the peti......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
Shaikh Mustainul Haque Vs. Inspector General of Police and others, 1995, 24 CLC (AD)
....Act read as follows: "Provided that no application in respect of an order, decision or action which can be set aside, varied or modified by a higher administrative authority under any law for the time being in force relating to the terms and conditions of the service of the Republic or the disci......y further order. No costs. The impugned judgment and order arc set aside and those of the Administrative Tribunal are restored. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 157. ..Category: Administrative Law | Date: | Hits: 111
Superintending Engineer and others Vs. Kazi Asaduzzaman and others, 1995, 24 CLC (AD)
....Assistant having been posted last at Kushtia Sadar. He obtained leave from 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 ......sons the impugned judgment and order of the High Court Division cannot be sustained. The appeal is allowed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 152 ..Category: Property Law | Date: | Hits: 124
Forkan alias Farhad and and another Vs. State, 1995, 24 CLC (AD)
.... previous enmity. P.W.2 Jaj Mia could not in fact recognize any accused in the night of occurrence by hurricane light. The defence has also pleaded alibi with regard to appellant Seraj Mia who at the time of alleged occurrence was at his shop at Kamarganj Bazar. 4. In this case, prosecution exam......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. ..Category: Criminal Law | Date: | Hits: 49
Abu Taleb Vs. Government of Bangladesh, 1995, 24 CLC (AD)
.... power, in the words of VR Krishna Iyer, J in the case of State of Punjab vs. Gurdial Singh, AIR 1980 (SC) 319 is as follows: "Pithily put, bad faith which invalidates the exercise of power‑sometimes called colourable exercise or fraud on power and often‑times overlaps motives, passions and ......by the appellant. In that view of the matter we do not find any ground for interference. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 138..Category: Administrative Law | Date: | Hits: 175
Special Reference No. 1 of 1995, 24 CLC (AD)
....walking out of the House first and then resorting to boycott of the Parliament. 2. Being first of its kind, it is necessary to begin from the beginning. Article 106 reads thus: 106. If at any time it appears to the President that a question of law has arisen, or is likely to arise, which is ......s to when walk‑out ended and boycott began is immaterial. It has been urged with varying emphasis by SR Pal, Asrarul Hossain and TH Khan that a walk‑out or boycott being in the nature of a mass‑scale absence from Parliament as a measure of protest and or with an element of force (in the case o..Category: Constitutional Law | Date: | Hits: 248
Shameen Vs. Government of Bangladesh & others, 1995, 24 CLC (AD)
....is activities were prejudicial to the public safety of the country and hence he was required to be detained under the Special Powers Act, 1974, subsequently the Government extended the detention from time to time. 2. Having found a nexus between the order of detention and the grounds of detention......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. This case is also reported in: 47 DLR (AD) (1995) 109. ..Category: Criminal Law | Date: | Hits: 75
Golam Rahman Vs. Hazera Khatun, 1995, 24 CLC (AD)
....e subsequently executed a Power of Attorney in favour of one Md. Abdul Gafur who sold the suit land to one Nurul Huda on 26.7‑1951 by a registered deed, that Nurul Huda being a minor at that time his grandfather Eshaque Miah made the purchase in his name and used to possess the suit land w......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)
.... compensation by a letter dated 28.3.91 and appellant too 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 withou......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
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