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State Vs. Golam Mostafa & ors., 1997, 26 CLC (AD)
....Golam Mostafa who produced before him a bati dao, a wet lungi, a wet ganji and a wet pair of sandals and confessed that the relationship respondents with the deceased had become strained for a long time and that was why they were looking for an opportunity to teach Nuruddin a good lesson. They m......ave already taken place. For the reasons stated above the appeal is dismissed subject to the modification as above. Ed. This case is also reported in: 49 DLR (AD) (1997) 32 ..Category: Criminal Law | Date: | Hits: 120
Bangladesh Vs. Abdul Latif Chokder , 1997, 26 CLC (AD)
....ditor General returned the appeal saying that the respondent having been removed from service for criminal conviction, there was no provision of appeal. The respondent asserted that at the relevant time he was a Class I Officer and the President was his appointing authority and, as such, he was t......as removed from service by order dated 25-9-78. Although the respondent’s post was upgraded to a Class I post since 1-7-73, he and other officers of his rank are governed regarding matters of appointment, promotion, etc, by the Auditor General’s Manual Standing Orders since no recruit..Category: Administrative Law | Date: | Hits: 106
Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)
....ull Court Judgment.……………………..(43) Per Latifur Rahman J (agreeing): The Constitution is a living document and therefore its interpretation should be liberal to meet the needs of the time and demands of the people. ……….(72) Per BB Ray Chowdhury J (agreeing): A Constitution ...... without the proposed amendment, the Supreme Court of Sri Lanka has of late been extending the scope of standing. Thus it has granted standing to a member of parliament seeking issuance of letters of appointment to 53 persons who were selected to the public service on the basis of competitive examin..Category: Constitutional Law | Date: | Hits: 450
Siddiqur Rahman (Md) and others Vs. Profulla Bala Devi & others, 1998, 27 CLC (AD)
.... the Court, on an application made in that behalf, shall cause the legal representative of the deceased plaintiff to be made a party and shall proceed with the suit. (2) Where within the time limited by law no application is made under sub-rule (1), the suit shall abate so far as the ......porating the appellants’ name thereof plaintiffs in place of the deceased sole Munshi Abdul Khair Faraji. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 213. ..Category: Property Law | Date: | Hits: 88
Nur Begum Vs. Dr. Yusuf Ahmed & another, 1998, 27 CLC (AD)
....ed by the Courts below as proper service of notice terminating the lease. 7. Defendant No. 1 respondent No. 2 was the chairman of the Governing Body of the Kindergarten school at the time when the lease deed was executed between the parties. When the notice under section 106 of the......e plaintiff. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 210. ..Category: Property Law | Date: | Hits: 71
Government of Bangladesh and another Vs. Mashiur Rahman and others, 1998, 27 CLC (AD)
....e and another day would as usual be fixed for peremptory hearing as prayed for by the defendants and that in the cause list of the court no next date or note of any order had been shown for a long time and that the defendant on February 22, 1988 came to know, for the first time, from Syed Shamsu......udge, 1st Court. Dhaka is allowed and Title Suit No.142 of 1986 is restored to its original file and number. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 205. ..Category: Property Law | Date: | Hits: 76
Bangladesh Vs. AKM Yousuf Mia & others, 1998, 27 CLC (AD)
....any legal bar either by express provision or under necessary implication under any law or rules, initiation of a second proceeding when the first one ended on a mere technicality owing to efflux of time, without any fault on the part of the punishing authority, is fully maintainable. …&hel......trative Appellate Tribunal is set aside and that of the Administrative Tribunal is restored. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 200; II ADC (2005) 520. ..Category: Administrative Law | Date: | Hits: 119
Akhteruzzaman Vs. Ali Amjad Khan and others, 1998, 27 CLC (AD)
....case to call for an interference. The petitions, therefore, merit no leave and are dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 199. ......llip;Respondents Judgment March 11, 1998. The Code of Civil Procedure, 1908 (V of 1908), Or. XL r. 1 The Appellate Division is reluctant to interfere in the matter of appointment of a receiver unless the circumstances are of such exceptional character that refusal ..Category: Property Law | Date: | Hits: 87
Bangladesh Krishi Bank Vs. Meghna Enterprises and another, 1998, 27 CLC (AD)
....statement of the loan amount. Thereafter respondent No.1 again on 4- 12-88 filed a petition praying for directing the bank to submit the statement of accounts and also prayed for one month’s time. But that prayer was not allowed by the General Certificate Officer. Hence, these two writ pet......ourt Division is not sustainable in law. Consequently, both the appeals are allowed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 194; 52 DLR (AD) (2000) 57. ..Category: Business or Commercial Law | Date: | Hits: 150
....uthority in the present case was bad because the Commission empowered the Chairman on 2nd April but the Chairman executed the letter of authority in favour of the Executive Director on 1st April at a time when the Chairman was not empowered. So the contention is that the report was filed with unauth......eived because he himself could set aside the order of the CMM which was actually prayed for.
All the petitions are dismissed.
Ed.
This Case is also Reported in: 50 DLR (AD) (1998) 189.
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Category: Business or Commercial Law | Date: | Hits: 163
Mokaddesh Mondal and Others Vs. State and Others, 1998, 27 CLC (AD)
....997. The Code of Criminal Procedure, 1898 (V of 1898) Section 561A It is not necessary to amend the charge sheet to include a higher offence as because that can be done at the time of framing of charge or even after that if a higher section is attracted……&helli...... at the time of framing charge or even there-after. The petition is dismissed with observation as above. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 186. ..Category: Criminal Law | Date: | Hits: 74
Meghna Petroleum Limited Vs. Commissioner of Taxes (East Zone) Dhaka, 1998, 27 CLC (AD)
....mance of any functions under the Income Tax Ordinance, 1984 shall, in the matter of discharging those functions, observe and follow such orders, directions or instructions as the NBR may issue from time to time (vide SB). Similar was the provision under section 5(8) of the repealed Income-tax Act...... forthwith to the High Court Division for taking necessary steps in accordance with the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 165. ..Category: Fiscal/Taxation Law | Date: | Hits: 97
Niman Ali Vs. Ramizuddin and another, 1998, 27 CLC (AD)
.... notification was published showing the accused as absconder there is no materials on record to find that the accused had any knowledge about the proceeding because of the fact that at the relevant time he was living abroad. So the learned Additional Sessions Judge rightly exercised his jurisdic......essions Judge, affirmed by the High Court Division, calls for our interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 162. ..Category: Criminal Law | Date: | Hits: 73
Bangladesh Vs. Mahbubuddin Ahmed, 1998, 27 CLC (AD)
....he MLO No.9 when the light gone had out of the order. Therefore the order of dismissal of the respondent communicated to him after light had gone out of it could not be effective against him at any time………………(32) Cases Referred to: Mujibur Ra......against him at any time. For the reasons, however, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 154. ..Category: Administrative Law | Date: | Hits: 125
Bangladesh Railway and ors. Vs. Pranab Kumur Chakraborty and ors., 1996, 25 CLC (AD)
....r of the Railway dated 9-1-81 upon which the plaintiffs’ claim for specific performance of contract was based was not approved by the appropriate authority of the Government at any point of time. The land being the property of the Government the Railway Administration could not make any c......wed without any order as to costs. The impugned judgment and decree passed by the High Court Division are set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 150. ..Category: Administrative Law | Date: | Hits: 130
Akhtar Masood Vs. Mrs. Bilkis Jahan Ferdous, 1998, 27 CLC (AD)
....ally when the suit is pending for the last 2 years and when it does not appear that the trial of the suit is about to take place it will not be proper to deny the petitioner to see his son for all time to come till the suit is decided. As and when the petitioner is stationed at Dhaka he will be ...... access to his son during pendency of the suit. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 145. ..Category: Family Law | Date: | Hits: 156
Commissioner of Customs, Chittagong Vs. Giasuddin Chowdhury and another, 1998, 27 CLC (AD)
....gs of inferior tribunals impeding its progress when speedy trial is the object of establishment of such tribunals, stops the implementation of a development work which has to be completed within a time-frame or which is primarily financed externally on pain of lapse of financial support if not c......pon furnishing a proper bank guarantee for the balance as already assessed by the Customs Authority on the respondent. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 129. ..Category: Criminal Law | Date: | Hits: 119
Khandoker Saiful Islam Vs. State, 1997, 26 CLC (AD)
....dshah Miah along with deceased Kadem All, his brother PW 12 Saheb Miah and others went to cut jute plants in the decretal land of PW 1 being plot No.31 to the south-west of his house. At this time the accused-petitioner Khandoker Saiful Islam, Chairman of the local Union Parishad, along wit......o other point has been urged. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 126. ..Category: Criminal Law | Date: | Hits: 96
Cantonment Board Dhaka and another Vs. Sayeda Rahat Ara Quamrun Nahar and another, 1998, 27 CLC (AD)
....which allowed the appeal and decreed the suit. The Cantonment Board, Dhaka preferred a petition for leave to appeal therefrom without any success. The Appellate Division allowed three months’ time for restoration of possession of the house to Syed Sulaiman Ashraf. In pursuance thereof he we......sion. This petition is otherwise barred by limitation. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 124. ..Category: Property Law | Date: | Hits: 74
Altaf Hossain Vs. State, 1997, 26 CLC (AD)
....e defence examined 2 witnesses. 6. The defence case which emerged Out of the cross-examination of PWs and the evidence of DWs is that the deceased Hyder Ali did not die at the place, time and in the manner alleged by the prosecution, deceased Hyder Ali was a dacoit and he might hav......nd order are set aside. Let the appellant be released forthwith if not wanted in any other case. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 120. ..Category: Criminal Law | Date: | Hits: 104
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