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Sudangshu Kumar Saha Vs. Government of Bangladesh, 1997, 26 CLC (AD)
....llegality in the impugned judgment and order. The petition is also barred by 12 days. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 129 ......ribunal Case. 3. The Post Master General, C Circle, Dhaka, respondent No. 2 by filing a written objection contested the case by contending that the dismissal order was passed properly under Rule 25(2) (3) of the Government Servants (Discipline and Appeal) Rules, 1985 and, as such, the cas..Category: Administrative Law | Date: | Hits: 120
AFB Jahan Mia (Md) Vs. Chairman, National Board of Revenue and others, 1997, 26 CLC (AD)
....all the above reasons we do not find any ground for interference. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 122 ......-73, 13-8-73, 11-3-74, 4-6- 76, 14-10-84 and 7-4-87, Ministry of Finance Memos dated 15 9-79 and 1-1-84, the meaning of the word equivalent from Law Lexicon, the Bangladesh Civil Service Seniority Rules 1983, and two unreported decisions of this Division in the case of Chairman, T&T Board vs..Category: Administrative Law | Date: | Hits: 140
State Vs. Jobaida Rashid, 1997, 26 CLC (AD)
....t Division committed no error either in law or on fact as would call for interference by this Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 119. ...... ATM Afzal CJ. - State is seeking leave to appeal from judgment and order dated 23 March, 1997 passed by a Division Bench of the High Court Division in Criminal Misc. Case No. 552 of 1997 making the Rule absolute and granting bail to the accused respondent, Mrs. Jobaida Rashid, pending disposal of ..Category: Criminal Law | Date: | Hits: 115
Jalaluddin alias Faruque and ors. Vs. Ehsanuddin and others, 1996, 25 CLC (AD)
.... of Order XLVII Rule I of the Code of Civil Procedure. We do not find any substance in this petition. It is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 116 ......ted 18.2.92 passed by a Single Bench of the High Court Division rejecting the application for reviewing its Judgment and Order dated 12.11.91 passed in Civil Revision No. 1136 of 1990 discharging the Rule. 2. Predecessor of respondent Nos. 1-5 as plaintiff No. 1 and respondent No. 6 as plaintiff ..Category: Property Law | Date: | Hits: 63
AKM Azizul Islam and another Vs. State, 1997, 26 CLC (AD)
.... Cr. P. C. Thus the impugned judgment does not call for any interference. The petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 115 ......pholding the order of the Magistrate. Thereafter the petitioners moved the High Court Division under section 561A Cr. P. C. for quashing the proceeding of the aforesaid OR Case, and obtained Rule, Criminal Revision No. 382 of 1992. A Division Bench of the High Court Division by the impugne..Category: Criminal Law | Date: | Hits: 87
Ashraf Ali @ Asraf Ali Vs. State, 1997, 26 CLC (AD)
.... proceedings, although the reasons given are not the right reasons for doing the same. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 107 ......Powers Act and fixed 16-4-90 for witnesses. 2. The petitioner filed Criminal Revision No. 288 of 1990 under Section 561 A Cr. P. C. for quashing the said criminal proceedings and obtained a Rule, but a Division Bench of the High Court Division by judgment and order dated 9-7-95 discharged..Category: Criminal Law | Date: | Hits: 99
Nasima Begum Vs. Government of Bangladesh, 1997, 26 CLC (AD)
....ld in custody without lawful authority. Let the detenu be set at liberty forthwith if not wanted in any other connection. Ed. This case is also reported in: 49 DLR (AD) (1997) 102 ......etention were served on him. On 16-2-95 the Government extended the earlier order of detention for further 3 months under section 3(3) of the said Act. The writ petitioner thereafter obtained the Rule Nisi in February, 1995, but the order of detention was extended thereafter from time to time a..Category: Criminal Law | Date: | Hits: 99
Surat Sarder and others Vs. Afzal Hossain and others, 1997, 26 CLC (AD)
....dgment and decree dated 3-8-86 passed by the learned Munsif in Title Suit No. 117 of 1985 decreeing the suit are restored. Ed. This case is also reported in: 49 DLR (AD) (1997) 99 ......bsp; Md. Abdur Rouf J: This appeal by leave by the plaintiffs is from the judgment and order dated May, 11, 1993 passed by the High Court Division in Civil Revision No. 384 of 1990 discharging the Rule and upholding thereby the judgment and decree passed on October 11, 1989 by the learned Subord..Category: Property Law | Date: | Hits: 79
Chitta R Chakraborty being dead, his heirs Ashish C. & ors Vs. Md. A. Rob, 1997, 26 CLC (AD)
.... result, this appeal is allowed without any order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 96 ......Roy Choudhury J: This appeal by leave is directed against the judgment and order dated 4 November 1992 passed by a Single Bench of the High Court Division in Civil Revision No. 51 of 1991, making the Rule absolute and restoring the judgment and decree dated 3 January 1987 passed by the Additional Mu..Category: Tenancy Law | Date: | Hits: 88
Fazlur Rahman (Md) Vs. Government of Bangladesh, 1997, 26 CLC (AD)
.... to the writ-petition had been issued without any lawful authority and is of no legal effect. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 92. ......nt Md. Abdur Rouf J.- This petition for leave to appeal by respondent No. 8—petitioner is from the judgment and order dated 20.8-96 passed by a Division Bench of the High Court Division making, Rule Nisi, issued earlier, in Writ Petition No. 1320 of 1996 absolute and declaring thereby the memo..Category: Constitutional Law | Date: | Hits: 163
Category: Employment/Service Law | Date: | Hits: 95
Bangladesh House Building Finance Corpn. Vs. Jahan Ara Akhtar & others , 1997, 26 CLC (AD)
....d calls for no interference. The appeal is accordingly dismissed without any order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 293, 49 DLR (AD) (1997) 80 ......angladesh House Building Finance Corporation from judgment and order dated 5 January, 1995 passed by a Division Bench of the High Court Division in Civil Revision No. 1419 of 1993 making the Rule absolute. Facts of the case, briefly, are that the appellant-Corporation filed five app..Category: Business or Commercial Law | Date: | Hits: 117
Khairunnessa being dead, her heirs F. Alam & ors Vs. Zobaida Nahar @ Zharna & ors, 1997, 26 CLC (AD)
....t be restored. The defendant may take back the amount if already deposited in the trial Court. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 430, 49 DLR (AD) (1997) 77 ......t be restored. The defendant may take back the amount if already deposited in the trial Court. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 430, 49 DLR (AD) (1997) 77 ..Category: Property Law | Date: | Hits: 82
Rupe Jahan Begum and others Vs. Lutfe Ali Chowdhury and others, 1997, 26 CLC (AD)
.... result, this appeal is allowed with costs and the impugned judgment and order of the High Court Division stand set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 73 ......ed against the judgment and order dated 18 April 1993 passed by a learned Single Judge of the High Court Division in Civil Revision Nos. 89 of 1987 (Chittagong) and 1894 of 1991 (Dhaka) making the Rule absolute and sending the suit back to the trial Court for disposal in accordance with law and ..Category: Procedural Law | Date: | Hits: 140
Abdus Salam Sheikh and others Vs. Puspa Rani Shil and others, 1997, 26 CLC (AD)
....h Court Division in its judgment impugned before us. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 436, 49 DLR (AD) (1997) 71 ......ached the High Court Division with the aforementioned Writ Petition No. 64 of 1994 praying for a declaration that the order of the Land Appeal Board was without any lawful authority and obtained a Rule Nisi thereupon. The petitioners resisted the writ petition by filing an affidavit in-oppositio..Category: Property Law | Date: | Hits: 72
Mohsin Mia Vs. Bangladesh, 1997, 26 CLC (AD)
....foresaid principles and not on any legal right before any order of restraint is passed. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 66 ......sp; ATM Afzal CJ: This petition is from an order dated 5 January, 1997 passed by a Division Bench of the High Court Division refusing the prayer for ad-interim injunction while issuing Rule in Writ Petition No. 182 of 1997 filed by the petitioner. 2. The Petitioner filed the s..Category: Constitutional Law | Date: | Hits: 149
Reazuddin Ahmed (Md) Vs. State and another, 1996, 25 CLC (AD)
....on as well as the order of conviction and sentence passed against the appellant under section 406 of the Penal Code. Ed. This Case is also reported in: 49 DLR (AD) (1997) 64; 1997 BLD (AD) 123. ......on as well as the order of conviction and sentence passed against the appellant under section 406 of the Penal Code. Ed. This Case is also reported in: 49 DLR (AD) (1997) 64; 1997 BLD (AD) 123. ..Category: Criminal Law | Date: | Hits: 78
Abdul Jalil Miah (Md) Vs. Niropama Ritchil and ors., 1997, 26 CLC (AD)
....sion, although on different reasonings. In the result the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 426, 49 DLR (AD) (1997) 61 ......sion, although on different reasonings. In the result the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 426, 49 DLR (AD) (1997) 61 ..Category: Property Law | Date: | Hits: 72
Resima Sultana Vs. Khaez Ahmed Mojumder, 1997, 26 CLC (AD)
.... The contentions raised by the appellant fail and accordingly the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 57 ...... that it was not maintainable. The respondent then took a revision from the order of the learned District Judge, Civil Revision No. 1676 of 1990, before the High Court Division and obtained a Rule but there was no order of stay of the execution proceeding; even then the execution case was s..Category: Family Law | Date: | Hits: 144
Abu Talukder Vs. Bangladesh, 1997, 26 CLC (AD)
.... The petition is dismissed but the order of payment of cost of Taka 2,500.00 to respondent No. 9 is deleted. Ed. This case is also reported in: 49 DLR (AD) (1997) 56 ......nvestigation Department (CID) before the High Court Division Writ Petition No. 2647 of 1995. A Division Bench of the High Court Division by its judgment and order dated 30-6-96 discharged the Rule. The accused-petitioner is now seeking leave to appeal from the impugned judgment of the High ..Category: Criminal Law | Date: | Hits: 78