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Zahiruddin son of Abdu Hye Vs. State, 1995, 24 CLC (AD)
....ife. On Thursday the 14th May, 1987 at about 3‑00 AM he along with his wife went out for clearing the jungle situated at the end of Block‑B of the garden for jhoom cultivation. At that time his wife was walking ahead of him. In that position, the accused hit his wife with a dao from ......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 ..Category: Criminal Law | Date: | Hits: 73
Lt. Col. (Retd) Nazimuddin Ahmed Vs. Bangladesh and Others, 1995, 24 CLC (AD)
....Chairman of the Corporation subject to the fulfillment of the conditions of the Rules of the Corporation. The Corporation, respondent No.3, informed respondent No. I that the appellant was at that time working as a Director and, as such, it would not be reasonable to appoint him, one step below,......Court Division, we uphold the order impugned in the writ petition. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 87 ..Category: Employment/Service Law | Date: | Hits: 117
C Q M H Md. Ayub Ali Vs. Bangladesh and others, 1995, 24 CLC (AD)
....dent‑Government filed appeal against the ex parte decree in the Court of the District Judge, Dhaka being Title Appeal No.176 of 1986 which was once dismissed for default on 30.8.1987. At the time of hearing of this appeal the learned Advocate for the appellant informed the Court that the s......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
Bangladesh Parjatan Corporation, Dhaka Vs. AKM Abul Kalam, 1995, 24 CLC (AD)
....formed in writing the grounds on which it is proposed to take action and he was afforded adequate 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 ......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 ..Category: Employment/Service Law | Date: | Hits: 134
Bangladesh Road Transport Corporation Vs. Aminur Rahman & another, 1995, 24 CLC (AD)
.... Bangladesh Road Transport Corporation, removing petitioner‑respondent No. 1 from service to be without lawful authority and of no legal effect. 2. Respondent No. 1 who at the relevant time was the Manager (Technical) Bangladesh Road Transport Corporation. Training Institute, Joydebp....... 7. In the circumstances, we do not think it to be a fit case for interference. The Petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 66 ..Category: Employment/Service Law | Date: | Hits: 101
Sirajul Islam (Md). Alias Siraj Madbar and others Vs. Keramat Ali Bhuiyan & ors, 1995, 24 CLC (AD)
....against the Public Prosecutor is totally baseless, he further contends. Mr. Wahidullah also contends that it is the duty of' a State Lawyer to Oppose transfer of a criminal case pending for a long time, and in which the date for examination of witnesses has been fixed. 5. As to the meri......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 ..Category: Criminal Law | Date: | Hits: 67
Afia Khatoon Vs. Mobasswir Ali and others, 1995, 24 CLC (AD)
.... investigation report which amount to a final report that the Assistant Superintendent of Police Criminal Investigation Department, was out to prove that Mukhlesur Rahman was in hospital at the time when the occurrence took place. This shows that the Assistant Superintendent of Police Crimin......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 ..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. Dr. Dhiman Chowdhury and others, 1993, 22 CLC (AD)
....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 sentiment was created against him because be was a member of the minority community. 4. On 20.3.93 w...... Accordingly, the appeal is allowed and the impugned judgment of the High Court Division set aside. There will be no order as to cost. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 52 ..Category: Constitutional Law | Date: | Hits: 185
Quazi Din Mohammad Vs. Al_haj Arzan Ali and another, 1995, 24 CLC (AD)
....ve hardship on the appellant. 2. Plaintiff‑respondent is a Bangladeshi businessman residing in London where he acquired a residential house and usually resides there. At the relevant time, in the 'seventies' he had a partnership business with one Asgar Hossain Khondkar who resides ......(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)
.... Court nor before the High Court Division, this point was raised disputing the jurisdiction of the learned Magistrate. The petitioner will not be permitted to raise the question here for the first time. Further, the learned Advocate admits that section 448 was not triable by the Village Court. ......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 ..Category: Criminal Law | Date: | Hits: 74
Rabjel Mondal Vs. Didar Mondal and others, 1994, 23 CLC (AD)
....) and gift of usufruct, ariyal in Muslim Law, stemming from some basic distinctions between the concept of property in English law and Muslim Law. Where corpus of the property is transferred for life time and the conditions are attached thereto, the gift is valid but the conditions are void. However......p; With this modification in the decree the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 41; 15 BLD (AD) 5. ..Category: Property Law | Date: | Hits: 146
Syed Mohammad Salem Azam and others Vs. Secretary, Ministry of Works, Govt. of BD, 1995, 24 CLC (AD)
....marily rejecting the appellants' Writ Petition No.1997 of 1993. 2. The appellants' case, in brief, is that they are brother and sister. Their parents were married on 30.6.61 at Bogra. At the time of marriage their mother Syeda Begum was serving as an Inspector of Customs and Excise and the...... order of respondent No. 1 dated 9.11.93 is set aside as being without lawful authority and of no legal effect. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 38 ..Category: Property Law | Date: | Hits: 62
State Vs. MA Malik, 1995, 24 CLC (AD)
....ided that the dispute would be finally settled after the return of the respondent from London where he was to go in connection with some business. He returned from London on 31.8.92 and in the meantime she had left for her father's house at Sylhet for better treatment. The respondent, however, r......onably or unfairly. There is no compelling reason to interfere with the impugned order. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 33 ..Category: Criminal Law | Date: | Hits: 64
Samsun Shipping Corporation Vs. Hossain and Sons and others, 1995, 24 CLC (AD)
....endant No. 7 Al Baraka Bank (Bangladesh) Limited favouring defendant No.6 which is the Hongkong supplier of cement. Defendant No. 6 chartered the vessel MV Global Trader, defendant No. 1, under a time charter and shipped the cement and issued bills of lading on behalf of the Master of defendant......e any relevance to the matter in issue. We do, not find any ground to interfere. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 31 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 228
Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)
.... suppressed in the Acquisition proposal. Again, seven months after the issuing of the rectification order (Annexure‑E), the Government, obviously at the instance of the RAJUK, raised, for the first time, the question of the appellant's title to the land. This is a lame excuse, for in the case of a......arned brother ATM Afzal J. Order of the Court By the majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ..Category: Property Law | Date: | Hits: 79
Babul Kanti Das and others Vs. Abul Hashem and others, 1995, 24 CLC (AD)
....r local inspection and accordingly, one Mr. Abdul Huq, Advocate was appointed as Commissioner to file report within 3 days. The Advocate Commissioner filed his report on 22.10.90 swing that at the time of inspection of the suit land the defendants and many local persons were present and that a p......extent of pulling down the entire roof of the building within the time and upon conditions directed by the trial Court. Ed. This case is also reported in: 47 DLR (AD) (1995) 06 ..Category: Civil Law | Date: | Hits: 106
Col. Md. Hashmat Ali (Retired) of Bangladesh Army Medical Corps Vs. Bangladesh, 1995, 24 CLC (AD)
....illegally”, the second “irrationality” and the third "procedural impropriety". That is not to say that further development on a case by case basis may not in course of time add further grounds. I have in mind particularly the possible adoption in the future of......uring the proper discharge of their duties. There is no merit in this appeal and, accordingly, it is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 01 ..Category: Constitutional Law | Date: | Hits: 203
Khaledur Reza Chowdhury (Md) Vs. Saleha Begum and others, 1996, 25 CLC (AD)
.... in the suit land. 3. The deceased defendant Habiba Banu and respondent Nos. 1 and 2 filing written statements contended that the appellant having not performed his part of the contract within the time stipulated and time being of the essence of the contract was not entitled to specific performan......t and order are set aside and the order dated 6-2-93 passed by the learned Subordinate Judge in Title Suit No.415 of 1984 is restored. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 209. ..Category: Property Law | Date: | Hits: 59
AKM Mayeedul Islam Vs. Bangladesh Election Commission and others, 1996, 25 CLC (AD)
....947 in Special Case No. 7 of 1991, Special Case No. 11 of 1992 and Special Case No. 19 of 1993 and sentenced to suffer 3 years, 7 years and 3 years simple imprisonment respectively thereunder. At the time scrutiny the petitioner filed objection before respondent No. 2 and submitted that respondent N......ot on the grounds stated in the impugned judgment, but on the ground that the writ petition was not maintainable. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 230; 48 DLR (AD) (1996) 208 ..Category: Election Law | Date: | Hits: 133
Haji Kasimuddin Mandal Vs. Md. Jalaluddin Pramanik, 1996, 25 CLC (AD)
.... in the second schedules as suits excepted from the cognizance of a Court of Small Causes. (2) Subject to the exceptions specified in that schedule and to the provisions of any enactment for the time being in force, all suits of a civil nature of which the value does not exceed two thousand f......der of the High Court Division and restore the judgment and decree of the Court of Small Causes, Bogra. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 305, 48 DLR (AD) (1996) 205 ..Category: Tenancy Law | Date: | Hits: 87
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