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State Vs. Abu Musa @ Musaya @Shapir Bap & ors, 2001, 30 CLC (AD)

....396 of the Penal Code and acquitting them from the sentence of death.   2. The High Court Division passed the judgment on 8-5-1994 and though the leave petition was field in time, yet the State did not take any step during the period of about seven years to get the leave p......ed persons.   This leave petition is accordingly, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 81.  ..

Category: Business or Commercial Law | Date: | Hits: 99

Rajdhani Unnayan Kartipakhya and another Vs. Mohshinul Islam and another, 2001, 30 CLC (AD)

.... centre, school etc but subsequently the respondents- appellant either converted the entire or part of the vacant space into plots in violation of the promise made to the respondent allottee at the time of allotment. Being aggrieved by the change in the layout plan the respondent filed the writ ...... The appeal is dismissed without any order as to costs.   Ed.  This Case is also Reported in: 53 DLR (AD) (2001) 79.  ..

Category: Property Law | Date: | Hits: 56

Government of Bangladesh and others Vs. Abu Musa, 2001, 30 CLC (AD)

....   (b) is given an opportunity of making a representation in writing (or if the person concerned indicates in writing his preference for it orally) within such reasonable time as the appropriate officer may specify, against the proposed action; and   ......issued in the said Writ Petition stands discharged.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 77.   ..

Category: Business or Commercial Law | Date: | Hits: 99

Motasim Ali Chowdhury Vs. Md. Ismail, 2001, 30 CLC (AD)

....7-89 the plaintiff as PW 1 in his deposition claimed that he had purchased 0.1125 acres of land. The defendant raised serious objection, being contrary to his averments made in the plaint. At that time the plaintiff sought for adjournment of hearing for the purpose of amending his plaint further...... appeal. Accordingly, it is dismissed with cost.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 74.   ..

Category: Property Law | Date: | Hits: 58

Monir Ahmed and ors. Vs. Forest Research Institute, Chittagong and ors. 2001, 30 CLC (AD)

.... the impugned judgment and agitating questions which were not agitated before the High Court Division, the honorable Court is not inclined to interfere on the factual question raised for the first time……………… (6)      Lawyers I......   The leave petition is dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 68.  ..

Category: Property Law | Date: | Hits: 80

Momtazuddin Sarker and others Vs. Abdur Rob and others, 2001, 30 CLC (AD)

....cy Act, 1950 (XXVII of 1951), Section 96 Petitioners not being themselves pre-emptors but being merely legal representatives of the pre-emptor they were not co-sharers by inheritance at the time of filing of the case for pre-emption. As such their subsequently becoming cosharers by inheri......he petitioners.   The leave petition is dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 67  ..

Category: Property Law | Date: | Hits: 65

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......e 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 Commissioners (if any) shall, su..

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 ......Senior Mechanics in Pay Group IV of the Corporation.   3. Petitioners were appointed Bench Fitters in Pay Group 3(11) on 10-11-80 and were confirmed with effect from the date of appointment by the letter dated 8-7-81 and 16-10-81 respectively. Later on they were promoted as Se..

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 ......t given any opportunity to defend himself under the 1976 Rules. Further, there is no such punishment called "discharge" in the said Rules. The appellate Court below found from a letter of appointment filed by the plaintiff in the appellate Court that he was appointed by the Chief Engine..

Category: Property Law | Date: | Hits: 124