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Bangladesh Biman Corporation & others Vs. Md. Yousuf Haroon & others, 2002, 31 CLC (AD)
....as no reason for the orders or that there was no material to show that the authority considered it necessary in the interest of the Corporation or that the orders were discriminatory are all based on erroneous assumption, misreading and mistaken view of the impugned order and further on non-applicat......r Kazi Ebadul Hoque J. Bimalendu Bikash Roy Choudhury J.- I have gone through the judgment proposed to be delivered by my learned brother Kazi Ebadul Hoque, J and I am constrained not to agree. My views would be as under: 3. The facts of the cases have been fully set out in the judgment of my ..Category: Employment/Service Law | Date: | Hits: 186
Moulana Abdul Mannan Vs. Halima Khatun and ors, 2002, 31 CLC (AD)
.... The appeal is therefore allowed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 158. ...... The appeal is therefore allowed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 158. ..Category: Trust/Waqf Law | Date: | Hits: 209
Bangladesh Vs. Md. Naziur Rahman and others, 2002, 31 CLC (AD)
...., and the same is accordingly dismissed. Stay granted earlier is hereby vacated. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 157. ......sion but this is not an appropriate case where this proposition may be decided. This Division will decide this in an appropriate case but this is not an appropriate case. 5. In view of the aforesaid we find no merit in this petition, and the same is accordingly dismissed. ..Category: Criminal Law | Date: | Hits: 66
Abu Siddique and anr Vs. Government of the People’s Republic of Bangladesh, 2002, 31 CLC (AD)
.... Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 154. ......Constitution. The High Court Division upon observing- "It is only an accused in a trial who cannot be compelled to be a witness against himself. Therefore it is our considered view that a person cannot seek the protection of Article 35(4) when a notice is sent by the Bureau..Category: Criminal Law | Date: | Hits: 58
Bangladesh and others Vs. Dr. Shamima Sultana Rita, 2002, 31 CLC (AD)
.... Appeal has become infructuous and accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 151. ......ality and wrong in the same. An allegation has been made that this accused/detenu was tortured and the writ petition was accordingly filed and a Rule was issued. In such circumstances we are of the view that the High Court Division is fully competent to know the state of health of the accused/de..Category: Criminal Law | Date: | Hits: 65
Giasuddin and another Vs. State, 2002, 31 CLC (AD)
....on. There is no merit in this petition and the same accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 146. ......hing on record to hold that these three eyewitnesses were interested witnesses or they have any enmity with the condemned prisoners. Admittedly, the occurrence took place in broad day light and in view of the present state of circumstances in our country we hold that these three witnesses had th..Category: Criminal Law | Date: | Hits: 47
Hiran Chandra Dey and anothers Vs. Md. Abdul Quyum and others, 2002, 31 CLC (AD)
....ame are allowed. There is no order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 126. ......terest of deceased Ilias Miah or not would be sorted out in the aforesaid Title Suit No. 245 of 1979 and Title Suit No. 344 of 1990 but for the purpose of these Miscellaneous Cases. I am of the view that the pre-emptors have, prima facie made out a case that Rahima and Kulsuma are the sister..Category: Property Law | Date: | Hits: 55
Kazi Shahjahan (Md) and another Vs. Md. Khalilur Rahman Madbar and others, 2002, 31 CLC (AD)
.... is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 125. ...... is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 125. ..Category: Property Law | Date: | Hits: 49
Bangladesh Road Transport Corporation and another Vs. Md. Shahidullah, 2002, 31 CLC (AD)
.... reported decision. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 124. ...... reported decision. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 124. ..Category: Employment/Service Law | Date: | Hits: 75
Government of Bangladesh and others Vs. Md. Sharfuddin Mollah, 2002, 31 CLC (AD)
.... The order of dismissal in respect of the respondent is maintained. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 120. ......ng reliance upon the provision of section 3 of the Police Officers (Special Provisions) Ordinance, 1976 (Ordinance No. LXXXIV of 1976), hereinafter referred to in short as the Ordinance, was of the view that because of the provision of the said section of the Ordinance “the discipline matte..Category: Administrative Law | Date: | Hits: 116
Category: Property Law | Date: | Hits: 54
Jitendra Nath Mistry Vs. Abdul Malek Howlader and ors., 2002, 31 CLC (AD)
....smissed. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 106. ......smissed. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 106. ..Category: Property Law | Date: | Hits: 47
Delower Hossain Khan Vs. State, 2002, 31 CLC (AD)
....tance in the petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 101. ......etitioner is liable to be set aside. The learned Advocate in support of his submission that there should have been separate charges for the two distinct offences ie, causing death of two persons in view of the provision of section 233 CrPC and that failure to do so caused the trial to be illegal ..Category: Criminal Law | Date: | Hits: 76
Government of Bangladesh and others Vs. Bibi Marium and other, 2002, 31 CLC (AD)
....ause delay to the prejudice to the parties. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 100. ......squo; list of the abandoned building and that no notice having been served to the petitioner or other predecessor, the said inclusion is without any lawful authority. 6. In view of the above, no useful purpose other than what has been held by the High Court Division on me..Category: Property Law | Date: | Hits: 46
Mahbubur Rahman and others Vs. Taslimuddin Ahmad and others, 2002, 31 CLC (AD)
.... For the reasons stated above, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 97. ...... Against those persons, respondent No. 1 has positive grievance that direct recruits were given seniority to respondent No. 1 while respondent No. 1 is entitled to his seniority above them. In that view of the matter, it is undisputed that 29 Assistant Commissioners of Taxes who are directly rec..Category: Administrative Law | Date: | Hits: 91
Government of the People’s Republic of Bangladesh Vs. SM Fariduddin, 2002, 31 CLC (AD)
....Nos. 4165 and 4380 of 2000 respectively are hereby set aside and the writ petitions are found to be not maintainable. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 95. ...... “Mr Mahmudul Islam, learned Attorney-General for the petitioners in both the petitions, submits that the order dated 30-7-2000 relates to the terms and, conditions of service and in view of the provision of Article 113 (sic) of the Constitution the High Court Division has no ju..Category: Employment/Service Law | Date: | Hits: 57
Santosh Kumar Das Vs. Hajee Badiur Rahman, 2002, 31 CLC (AD)
....setting aside the impugned judgment of the High Court Division and restoring those of the Courts below decreeing the suit. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 93. ......r alter its terms and conditions. He cannot work out a period of his own choice for termination of determination of the tenancy in utter violation of the terms as set further in Exhibit 1. So in my view. Exhibit 2 is not a valid and legal notice under section 106 of the Transfer of Property Act ..Category: Tenancy Law | Date: | Hits: 76
Hyundai Corporation Vs. Sumikin Bussan Corporation & others, 2001, 30 CLC (AD)
....or final decision and approval and only after that awarding of the contract will be finalised and the letter of award would be issued. He further submits that High Court Division acted illegally and erroneously in not considering the evaluation process which is at a very early stage, and, in fact, ......sult: The petition is dismissed. The Constitution of Bangladesh, 1972, Articles &102 Since question of financial interest of the State is seriously involved in the instant case, in our view the Chittagong Port Authority should place the papers relating to the bid of the petitioner alo..Category: Others | Date: | Hits: 130
Abdur Rashid (Md) and others Vs. Bainchitala Junior High School, 2002, 31 CLC (AD)
....er be allowed under Order I rule 10 or under Order XXII, rule 4 of the Code of Civil Procedure and the learned appellate Court below, misdirecting himself on a total misconception of law and facts erroneously allowed the application filed by the opposite parties for adding them as appellants in ......roperty of deceased Badaruddin and it did never belong to him. So, no question of inheritance does arise in respect of the suit land by the opposite parties as heirs of deceased Badaruddin. In that view of the matter the application filed by them can neither be allowed under Order I rule 10 or u..Category: Property Law | Date: | Hits: 63
Ilias Hussain (Md) Vs. State, 2002, 31 CLC (AD)
.... There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 78. ......Division it appears considered every aspect of the matter, particularly the legal position and the conduct of the petitioner, and rightly found the petitioner guilty of the offence alleged. In that view of the matter we find no force in the submission made by the learned Advocate for the petition..Category: Criminal Law | Date: | Hits: 52