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Bangladesh Biman Corporation & others Vs. Md. Yousuf Haroon & others, 2002, 31 CLC (AD)

....d without any order as to cost. Order of the Court By a majority decision the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 161. ......d without any order as to cost. Order of the Court By a majority decision the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 161. ......f 1974) , Section 9(2) The Bangladesh Biman Corporation Employees (Service) Regulations, 1979, Regulation 11A(2) (i) From the above regulation it appears that an employee may opt to retire from service after completion of 25 years of service by giving 30 day’s prior notice. Similarly, Corpor..

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.  ....... An enquiry was held by the Inspector of Waqf in presence of both the parties and the report was submitted on 19 October 1981 to the respondent No. 2 who after hearing the parties and perusing the records by order dated 2 January 1983 appointed the appellant as Mutwalli of the Waqf Estate under ...... 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.  ......, and the same is accordingly dismissed. Stay granted earlier is hereby vacated.  Ed. This Case is also Reported in: 54 DLR (AD) (2002) 157.  ......, and the same is accordingly dismissed. Stay granted earlier is hereby vacated.  Ed. This Case is also Reported in: 54 DLR (AD) (2002) 157.  ..

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. ......said sections of the Cr.P.C. It was also contended that power under sections 94 and 160 Cr.P.C. could only be exercised by the Police Officer for the purpose of investigation where a case has been recorded and that the enquiry being not investigation, officers of the Bureau are not authorised to...... Accordingly, the petitions are dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 154. ..

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.  ...... Appeal has become infructuous and accordingly, dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 151.  ...... Appeal has become infructuous and accordingly, dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 151.  ..

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. ......trial by judgment dated 23-4-1994 found these two petitioners guilty of the charge under sections 302/34 of the Penal Code and convicted and sentenced them as aforesaid and thereafter sent the case record to the High Court Division as required under section 374 of the Code of Criminal Procedure ......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. ..

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.  ......posed the prayer for pre-emption contending inter alia that the land sought to be pre empted originally belonged to Mohiuddin and Ilias Miah came into possession of the land and thereupon land was recorded in his name during the last settlement operation. The pre-emptees denied the claim of the ......ame are allowed.   There is no order as to cost.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 126.  ..

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.  ......s is not a co-sharer to the case land and is not entitled to any preemption.   4. It appears that on the pleadings of the parties the learned Subordinate Judge started trial and recorded evidence of the witnesses and when he was about to dispose of the case on merit the presen...... 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.  ......wanted to take action for compulsory retirement under Regulation 55(2) of Service Regulations 1990 and that also having failed his service was terminated. As a matter of fact from the materials on record, the learned Judges of the High Court Division correctly held that in the present case it wa......   The Corporation failing to remove the respondent through a proceeding and thereafter failing to send him on compulsory retirement under regulation 55(2) finally terminated him from service and such termination is dismissal in the garb of termination and as such without lawful aut..

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.  ......suspend any Inspector subordinate to him, pending enquiry into his conduct and may award to him the punishment mentioned in (a)(iv) and enter it at his discretion in the officer’s service record, reporting every case to the Deputy Inspector- General of the Range, giving details explana......dismissed on 23rd April, 1996.   3. It may be mentioned the respondent at the relevant time i.e. when the disciplinary proceeding was initiated against him and was dismissed from service following said disciplinary proceeding, was a Sub-Inspector of Police.   ..

Category: Administrative Law | Date: | Hits: 116

Director, Housing and Building Research Institute Vs. Darus-Salam Co-operative Housing Society Ltd. and others, 2002, 31 CLC (AD)

....absolute upon proceeding on the general proposition that title follows possession on overlooking the facts in the background of the materials on record that the said general proposition does not hold good in the present case. 26. There is no material on the record to show that Chief Engineer act......952. The Government by a deed of conveyance of October l956 registered in November, 1956 conveyed the land for the consideration of Taka 38,047. The Society got the land so conveyed by the Government recorded in its name in SA Khatian No. 2 and that was paying Government Revenue regularly. The Socie...... evicted, in writ jurisdiction which is not permitted. In the result the appeals are allowed. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 111. ..

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.  ......matters for which transfers were made by Beloka Sundari by the Exhibit B and that by the Exhibit A (II) and A(III) relating to property Nos. 1 and 2 respectively. As against the evidence brought on record by the plaintiff to disprove the presence of condition recited in the documents in question ......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.  ......ce in affirming the conviction and sentence of the petitioner. He further submits that the High Court Division did not consider the case of the petitioner independently by assessing the evidence on record against him and that the evidence on record would have been independently assessed by the H......tance in the petition. Accordingly, the same is dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 101.  ..

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.  ......ause delay to the prejudice to the parties.   The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 100.  ......ause delay to the prejudice to the parties.   The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 100.  ..

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.  ...... 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.  ......axes on 5-10-198 1. According to the Cadre Rules, an Extra-Assistant Commissioner of Taxes becomes eligible for promotion to the rank of Assistant Commissioner of Taxes on completion of 3 years of service. Respondent No. 3 completed 3 years of service on 5-10-1984 as Extra-Assistant Commissioner..

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. ......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. ......owing terms: “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 Divis..

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. ......ct the Courts below only on the ground of error of law resulting in an error in the decision occasioning failure of justice. The findings of the Courts below based on consideration of the evidence on record is not liable to be interfered with in revision. The revisional power exercised by the High C......nor has he any explanation as to why Exhibit 2 was issued on 18-1-1974. In my opinion, the opposite party has been in a fix which path he will tread or which course he will follow in the matter of service of notice.”   “I am in full agreement what has been submitted by the learned Cou..

Category: Tenancy Law | Date: | Hits: 76

Hyundai Corporation Vs. Sumikin Bussan Corporation & others, 2001, 30 CLC (AD)

....he High Court Division. In aforestated view of the matter this petition is dismissed with the observations made hereinbefore. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 88. ......he High Court Division. In aforestated view of the matter this petition is dismissed with the observations made hereinbefore. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 88. ......t Authority (respondent No. 2) floated tender on 14-1-2000 fixing 19th June as the last date of dropping bid for supply of four units of Rail mounted Quay Gantry Cranes with necessary spare parts and service as per specification of the bidding documents. The Bidder or bidders were required to be of ..

Category: Others | Date: | Hits: 130

Abdur Rashid (Md) and others Vs. Bainchitala Junior High School, 2002, 31 CLC (AD)

....dgment of the High Court Division in any respect.   Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 80.  ......ntioned during the pendency of the civil revision defendant No. 7 Badaruddin Mandal who was the appellant in Miscellaneous Appeal No. 54 of 1985 died on 22nd December, 1992. That on receipt of the record from the High Court Division the same was shown to the learned Advocate of the defendant-app......dgment of the High Court Division in any respect.   Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 80.  ..

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. ......amad, brother of the deceased and Dr Ahmed Ali Akon who held the postmortem examination over the dead body of deceased Sabila Khatun. The trial Court thereafter on consideration of the evidence on record convicted and sentenced the petitioner as aforesaid. Against that order of conviction and se......  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. ..

Category: Criminal Law | Date: | Hits: 52