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Mawlana Abdul Hye Vs. State, 1999, 28 CLC (AD)
.... 5. Mr. Abdus Sobhan, learned Advocate appearing for the other two accused- petitioners in Criminal Petition No. 108 of 1997 argues that the trial having not been completed within the prescribed time as granted under Ordinance XIII of 1987 the conviction and sentence of the accused-petitioners...... show that they are old. There is no illegality in the impugned judgment. These two petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 65. ..Category: Criminal Law | Date: | Hits: 67
Bangladesh Vs. Khondaker Tajuddin Ahmed and others, 1999, 28 CLC (AD)
....promotions for a period of 4 weeks from date and allowed the application for injunction partly with a direction to make the Rule Nisi ready for hearing and allowing the respondents one week’s time to file an affidavit-in-opposition. 4. KS Nabi learned Attorney-General moving this p......in the High Court Division itself we are not inclined to interfere with the matter. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 64. ..Category: Employment/Service Law | Date: | Hits: 67
Board of Intermediate and Secondary Education, Dhaka Vs. Md. Faizur Rahman & ors., 1999, 28 CLC (AD)
....ons, 1979, the age of superannuation of a teacher shall be sixty years. Under Regulation 27 thereof extension may be allowed but not beyond the age of 65 years and for not more than two years at a time. Respondent No.1 was given the first extension from 1-1-91 to 31-12-92 and the second extens...... 26. At the end of the detailed hearing we do not find any ground for interference. The petition is dismissed Ed. This Case is also Reported in: 51 DLR (AD) (1999) 59. ..Category: Constitutional Law | Date: | Hits: 155
Kochi Mia @ Khocha Mia Vs. Suruj Mia being dead his heirs Md Fazlur Rahman & ors., 1999, 28 CLC (AD)
....misconceived the pleading and the implication of Order 6, rule 7 of the Code of Civil Procedure in arriving at his conclusion that the plaintiff had given a complete go by to his plaint case at the time of hearing and introduced a new case without amending the plaint. 9. Secondly, he urge......ment and order of the High Court Division be set aside and the judgment and decree of the appellate Court be restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 57. ..Category: Property Law | Date: | Hits: 65
BD Oil, Gas and Mineral Cooperation (Petro Bangla) Vs. Nuruzzaman Khan Brothers, 1999, 28 CLC (AD)
....rect that part of the impugned judgment and order relating to interest. Mr. Shafique Ahmed has been very fair enough to suggest that instead of going through the process of an appeal, which will be time-consuming, it will be in the interest of justice and a favour done to the lessor-respondent, ......rators and made a rule of the Court by the Subordinate, Judge. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 52. ..Category: Alternative Dispute Resolution | Date: | Hits: 249
Bangladesh Vs. Abul Hossain and others, 1999, 28 CLC (AD)
....of the Act were once again taken. On 9 November 1964, Shah Sufi Emaduddin Ahmed Chisty who was also a claimant was called upon to produce documents in support of his claim. 3. In the meantime Shah Sufi Emaduddin Ahmed Chisty made several petitions to the Ministry of Lands for de-requis......he High Court Division in Writ Petition Nos. 41, 59, 84 and 86 of 1989 be set aside without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 25. ..Category: Property Law | Date: | Hits: 50
Government of Bangladesh Vs. Syed Chand Sultana and others, 1999, 28 CLC (AD)
...., SF (C), Road No. 138, Gulshan from the then Dhaka Improvement Trust, now Rajdhani Unnayan Kartripakkhya, shortly RAJUK, by a deed of lease dated 19-7-66 on payment of all premium. During his lifetime late, Syed Mozaffar Hossain orally gifted the said plot to the petitioner-respondents and affi...... is also barred by 12 days and the explanation given for the delay is not satisfactory. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 24. ..Category: Property Law | Date: | Hits: 56
Abdur Rouf and others Vs. Jalaluddin and another, 1999, 28 CLC (AD)
....Procedure that three accused petitioners were present at the Bank on the date of occurrence for business transaction and accused-petitioner Golam Rabbani was under the treatment of a doctor at the time of occurrence and in this regard a medical report was kept in the case diary by the police off......rected by the learned Judges of the High Court Division suffers from no illegality. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 22. ..Category: Criminal Law | Date: | Hits: 66
Faruk (Md) Vs. Abdul Hamid and others, 1999, 28 CLC (AD)
.... soyabean oil but it was not shown in the company’s account. No dividend was declared by respondent No.2. He defalcated the company’s fund and committed various other irregularities sometimes by forging the signatures of other directors. He failed to hold Board Meetings and so the pet......ral meeting is for prospective auditing of a company. When the minority shareholders apply under section 233 of the Companies Act, the Court has inherent power to make alternative arrangements for appointment of Auditors for past years if no auditing has taken place……….(10) ..Category: Business or Commercial Law | Date: | Hits: 100
Bangladesh Vs. Anwar Ahmed and others, 1999, 28 CLC (AD)
....section 5 of Ordinance LIV of 1985 cannot mean a decree simpliciter that the building in question is not an abandoned property when the plaintiff admittedly was not in possession thereof at the time of filing of the suit and that the proviso speaks of an executable and/or effective decree an......ugned judgment and order of the High Court Division are set aside. Writ Petition No. 204 of 1989 is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 42. ..Category: Property Law | Date: | Hits: 48
Mostafizur Rahman Vs. Government of Bangladesh and 6 ors., 1999, 28 CLC (AD)
....al duties and taxes leviable on the said consignment on the basis of the enhanced tariff value introduced by the notification dated 10-3-90. Nothing was, however, done in the matter and in the meantime different Chambers of Commerce and Industry submitted representations to respondent No. 3 pray......decided in a proper case. For the above reasons, all these appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 40. ..Category: Business or Commercial Law | Date: | Hits: 99
Habibur Rahman (Md.) Vs. Government of Bangladesh and ors., 1999, 28 CLC (AD)
....y Act, 1882 (IV of 1882) Section 105 A licensee under the lessee of the Government cannot be a lessee under the Government and that lessee can revoke the licence of the licensee at any time…………………(7) Lawyers Involved ...... 9. No point of law of public importance is involved in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 39. ..Category: Constitutional Law | Date: | Hits: 158
Chairman, National Board of Revenue and others Vs. Beximco Infusions Ltd., 1999, 28 CLC (AD)
.... of Industries. Section 3 of the Act says that the provisions of the Act and the rules made thereunder shall have effect notwithstanding anything to the contrary contained in any other law for the time being in force. Section 11(5) provides that at the time of approving an industrial project und......thoughtless manner in which the Government affairs are conducted. For the reasons, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 36. ..Category: Business or Commercial Law | Date: | Hits: 112
Governing Body of Kapilmuni College Vs. Sheikh Roushan Ali & Others, 1997, 26 CLC (AD)
....same by the impugned order. In the facts and circumstances of the case we find little merit in his leave petition. It is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 31....... The relevant Regulation 12 runs as follows: “12. Power to impose penalty.- The power to impose penalty upon a teacher under regulation 11 shall vest in the authority competent to make appointment: Provided that the penalties of dismissal or removal from service shall not be impo..Category: Employment/Service Law | Date: | Hits: 79
Saitan Bibi and others Vs. Chairman Bewa and others, 1999, 28 CLC (AD)
.... jote to the Government. Defendant No.1 transferred more than 10 bighas of land in violation of Ordinance No.XXXIII of 1951. For this offence defendant No.1 was fined, as he did not pay the fine in time. A Certificate Case No. 6 AM159-60 was started in the Bogra Certificate Court and after due s...... Court, thereby dismissing the suit. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 28. ..Category: Property Law | Date: | Hits: 52
Asiman Begum Vs. State, represented by the Deputy Commissioner, 1999, 28 CLC (AD)
....ied the deceased who was admitted into the hospital. 4. On enquiry injured Mariam told the informant that at about 7-00/7-30 AM in the morning she felt unwell and was lying in bed. At that time having felt heat down her legs, she got up and saw her mother-in-law, the accused-appellant, s......anded to the High Court Division for disposal at an early date in the light of the observations made above. Ed. This Case is also Reported in: 51 DLR (AD) (1999)18. ..Category: Criminal Law | Date: | Hits: 83
Abdul Haque (Md) Deputy Commissioner Vs. District Judgeship, 1999, 28 CLC (AD)
....nd fine of Taka 5,000.00 passed by the Assistant Judge of Ulipur. It is on record that an appeal, Misc. Appeal No. 76 of 1994, against the said order of conviction and sentence was pending at that time. 3. Copies of the aforesaid memo were sent to various other authorities of the Governm...... censured for his objectionable remarks against the judicial officers of Kurigram and warned to be careful is future. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 15. ..Category: Criminal Law | Date: | Hits: 70
Mostafizur Rahman Vs. BD, represented by Sec., Min. of Home Affairs & anr, 1999, 28 CLC (AD)
.... 120 days) passed by the Government on the same day (11-12-90) under section 3(1)(a) of the Special Powers Act 1974 (Act No. XIV of 1974), briefly, the Act. The order of detention was extended from time to time. 3. The aforesaid writ petition was filed under Article 10......ds and is, accordingly, allowed. There will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 1. ..Category: Constitutional Law | Date: | Hits: 191
Abul Bashar Vs. Investment Corporation of Bangladesh & another, 2000, 29 CLC (AD)
....marily rejected on 13 December 1995. 2. Being unsuccessful, the petitioner filed Case No. 242 of 1995 before the Administrative Tribunal, Dhaka, on 31 December 1995, which was beyond time. He, however, sought to have the benefit of section 14 of the Limitation Act on the ground tha......sel for the petitioner are distinguishable on facts. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 178. ..Category: Administrative Law | Date: | Hits: 121
Jamir Ali (Md) and others Vs. Secretary, Ministry of Land & others, 2000, 29 CLC (AD)
....d 14 bighas of land and 6 bighas and 13 decimals remained unutilised. They further stated that by constructing pucca and semi pucca structures they were carrying on their business therein from the time of their predecessor. The writ-petitioners of Writ Petition No. 1579 of 1999 stated that their...... 1953 Act as amended by sections 22 and 23 of the 1987 Act. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 176; 6 MLR (AD) 2001, 41. ..Category: Property Law | Date: | Hits: 94