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Government of Bangladesh Vs. A H M Amir Hossain, 1996, 25 CLC (AD)
....ve to Appeal No. 431 of 1992 filed by the respondent which is also barred by 353 days is disposed of. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 152, 48 DLR (AD) (1996) 75 ......nts (In Civil Petition for Leave to Appeal No. 431 of 1992). Civil Appeal No. 52 of 1991. (From the judgment and order dated 12.11.1990 passed by the Nigh Court Division, Dhaka in Review Petition No. 8 of 1990 (arising out of Writ Petition No. 48 1 of 1989). With Civ..Category: Constitutional Law | Date: | Hits: 174
Raziul Hasan Vs. Badiuzzaman Khan and others, 1996, 25 CLC (AD)
....nt and hearing respondent No. 1 and the appellant afresh. The other parts of the Tribunal’s order will remain and not be reopened. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 71. ......ees. The purported seniority to be given to the opposite party Nos. 6-7 above that of the petitioner appears to be one not based on any valid papers and contrary to their appointment letters. In that view of the matter the placement of the Opposite Party Nos. 6-7 at serial Nos. 80 and 81 in the Grad..Category: Administrative Law | Date: | Hits: 167
Managing Director, Rupali Bank Ltd. Vs. Md. Nazrul Islam Patwary & others, 1996, 25 CLC (AD)
....ide the order of termination on merit has been upheld upto the High Court Division. As a result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 62. ......d order contending, inter alia, that the High Court Division has rightly upheld the judgment and decree of the courts below. 6. With reference to the meaning of the term ‘worker’ we are of the view that the learned Judge has clearly fallen into an error importing qualification thereat of the ..Category: Labour and Industrial Law | Date: | Hits: 152
Muzaffar Hossain Vs. Md. Humayun Kabir and others , 1996, 25 CLC (AD)
....d Judge rightly set aside the judgment and order of the Election Appellate Tribunal. The petition is, therefore dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 59 ......e case of Md. Shajahan vs. Md. Sadeq and another reported in 38 DLR (AD) 275 in as much as the instant case is distinguishable from the said reported case. 7. It is further submitted that in view of findings of the Election Appellate Tribunal, after a careful consideration of the pleading..Category: Others | Date: | Hits: 98
Moinuddin (Md) Vs. Bangladesh, 1996, 25 CLC (AD)
....he petitioner. Thus the impugned judgment and order warrant no interference. The petition is ,therefore, dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 56 ......perty and also the plaintiffs claim thereto is not only binding upon the present petitioner but also upon the Court of Settlement. The learned Judges of the High Court Division rightly held that in view of the decision of the civil Courts between the Government and the present petitioner the Cou..Category: Property Law | Date: | Hits: 58
Yusuf A Hassan Vs. KM Rezaul Firdous, 1996, 25 CLC (AD)
....of the learned Sessions Judge are set aside and the order of the Chief Metropolitan Magistrate dated 10.5.94 is affirmed. Ed. This case is also reported in: 48 DLR (AD) (1996) 53 ......urporting to be official does not require sanction under section 197 Cr. P. C. It further held that it was clear that the allegations made in the petition of complaint are that the appellant with a view to defaming the respondent sent letters alleging that the respondent indulged in corruption wh..Category: Criminal Law | Date: | Hits: 60
Golam Murtaza Bhuiyan and Others Vs. Government of Bangladesh and Others, 1996, 25 CLC (AD)
....e informed of the working of the Ministry/Division and shall work under his supervision. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 47 ......office there are a number of offices and institutions. In the budget of 1992-93 the Government sanctioned about Taka 6 lakh for development of Salimabad Union Parishad-cum-Community Centre. With a view to building the proposed centre at his locality, the Chairman of the Union Parishad, responden..Category: Property Law | Date: | Hits: 71
Moudud Ahmed Vs. State, 1996, 25 CLC (AD)
.... P. C. the three learned Judges have expressed divergent views and particularly the views of the learned Junior Judge of the Division Bench and the learned Third Single Judge are seriously flawed and erroneous. This Court as the apex Court ought to dispel the misconception and confusion thus arisen ...... International Hotel Holdings Ltd. without holding a public auction at a price much lower than the previously-determined price and on payment of the price of land on interest-free instalments, with a view to deriving pecuniary benefits for themselves or to confer pecuniary benefits to the said Compa..Category: Anti-Corruption Laws | Date: | Hits: 105
Government of Bangladesh Vs. Hasan Movies Ltd. and others, 1995, 24 CLC (AD)
....allowed without any order as to costs. The judgment of the High Court Division stands modified only to the extent as mentioned above. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 40. ......ider as to whether the learned Judges of the High Court Division upon proper interpretation of the term “যাতায়াত ভাতা” as ‘travelling allowance’ legally declared that in view of the provision of section 2(8) (b) of the Ordinance the recommendation of the Board for such ..Category: Labour and Industrial Law | Date: | Hits: 130
Principal, Chittagong Medical College and others Vs. Shahrayar Murshed and others, 1995, 24 CLC (AD)
....pugned judgment and order passed by the High Court Division. Accordingly all the appeals are dismissed without any order as to costs. Ed. This Case is also reported in: 48 DLR (AD) (1996) 33. ......r. Amirul Islam, as to the content and extent of the rule of natural justice, particularly as are applicable in the facts of the present case. Mr. Islam read out passages from De Smith’s Judicial Review of Administrative Action, 4th Edition, Page 190 and from the opinion of Lord Hodson in Ridge vs..Category: Constitutional Law | Date: | Hits: 169
Bangladesh Telecom (Pvt.) Ltd. Vs. Bangladesh T & T Board & others, 1993, 21 CLC (AD)
....etition in respect of this system is allowed. No order as to costs. Civil Appeal No. 3 of 1993 is dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 20......t Division may be invoked. “Provided by law” means a remedy provided in the statute in invocation of which the impugned order was passed. The Telegraph Act, 1885 does not provide for any appeal review against the order of cancellation of licence. The provision for arbitration is a term and condi..Category: Information Technology Law | Date: | Hits: 242
Attar Mia and another Vs. Mahmuda Khatun Chowdhury, 1996, 25 CLC (AD)
....to cannot be accepted. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 16 ......ircumstances of the case, we do not think that the plaintiffs are entitled to a decree in the above terms as submitted by Mr. Khan. 21. For the reasons, we are of the opinion that the view taken by the learned Judge of the High Court Division was correct and the submissions made con..Category: Property Law | Date: | Hits: 84
Kamiruddin and others Vs. Md. Mokshed Ali Biswas and others, 1996, 25 CLC (AD)
.... be set aside. In the result the appeal is allowed and the impugned order set aside without any orders as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 14 ......rocedure being MR Case No. 105 of 1976 and the learned Magistrate, First Class, Jhenidah by his order dated 22.11.1974 appointed the Circle Officer (Revenue) Sailakupa receiver of the Suit land in view of the ex parte decree. But after the disposal of Title Appeal No. 90 of 1986 by the judgment ..Category: Property Law | Date: | Hits: 61
Government of Bangladesh Vs. Md. Jalil and others, 1995, 24 CLC (AD)
.... the result, therefore, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: I ADC (2004) 415, 48 DLR (AD) (1996) 10, 49 DLR (AD) (1997) 26 ......ion observed that had this aspect of the case been taken notice of the presumption under section 5(2) of the Ordinance would have been found to have been rebutted. The High Court Division took the view that although the alleged death of Alimannessa and her burial in Mohammadpur graveyard on 10.3..Category: Property Law | Date: | Hits: 57
Abdul Wadud Vs. State, 1995, 24 CLC (AD)
....ded by Act No. XLII of 1992 will be applicable to the pending cases. In the result, the appeal is dismissed. Ed. This Case is also Reported in: (1995) 3 BLT (AD) 236, 48 DLR (AD) (1996) 6.......law manifests such a necessary intendment. With regard to the procedural laws, the general principle is that alterations in procedure are retrospective unless there be some good reason against such a view. If a statute deals merely with the procedure in an action, and does not affect the rights of t..Category: Criminal Law | Date: | Hits: 75
Bangladesh Vs. Md. Suruzzamal and others, 1996, 25 CLC (AD)
....ng the facts, circumstances and evidence in the case properly, keeping in view the definition of “abandoned property” as in President’s Order No. 16 of 1972, which resulted in an erroneous decision causing a miscarriage of justice. Further contention on which leave has been gra......onsider the submission of the appellant that the trial Court and the High Court Division fell into an error in not considering the facts, circumstances and evidence in the case properly, keeping in view the definition of “abandoned property” as in President’s Order No. 16 of 197..Category: Property Law | Date: | Hits: 61
Basiruddin Sarkar Vs. Jasimuddin Sarkar and others, 1972, 1 CLC (HCD)
....Advocate appearing for the defendant No.l appellant, has urged two points in this second appeal. Firstly, that the Courts below erred in law in deciding the case on a wrong onus of proof and on an erroneous presumption that the properties of Item No. 2 of 'kha' 'uma' and 'cha' schedules were acq......s its importance and the same need not be further pursued. See the observation of the Judicial Committee of the Privy Council in the case of Hames and another vs. Hickson AIR 1946 PC 156. The same view has been repeatedly reiterated by their Lordships of the Privy Council in the case of Kumohan ..Category: Property Law | Date: | Hits: 51
Abdul Gani and others Vs. State, 1972, 1 CLC (HCD)
....nt of sentence has become infructuous and it is accordingly discharged. Let a copy of this order be sent to the learned Special Judge wherever he may be in present stationed. Ed. ......he case of Woolmington vs. Director of Public Prosecutions is in no way inconsistent with the provisions of section 105 of the Evidence Act. In a criminal case, it is the duty of the Court to review the entire evidence that has been produced by the prosecution and the evidence. If after an e..Category: Criminal Law | Date: | Hits: 68
State Vs. Lutfor Fakir, 1972, 1 CLC (HCD)
.... allowed to the extent of sentence only and the conviction under section 302 of the Pakistan Penal Code is maintained. The appellant is sentenced to undergo transportation for life. Ed. ......'did' has been omitted by the learned Sessions Judge through inadvertence while recording the statement of this witness. This contention of the learned Deputy Legal Remembrancer seems to be true in view of the contrary positive statements made by this witnesses both in examination-in-chief and in..Category: Criminal Law | Date: | Hits: 62
Rakman Ali alias Md. Rakman Ali and others Vs. Hasib Ali Chowdhury and others, 1972, 1 CLC (HCD)
....servations made above after discussing and considering all the material evidence on record. 18. In the facts and circumstances of the case, there will be no order as to costs. Ed. ......rits of the appeal I would like to dispose of the preliminary objection made by Mr. Nasiruddin Chowdhury, the learned Advocate for the respondents, as to the maintainability of the second appeal in view of the fact that it stands abated as against the heirs and legal representatives of the defend..Category: Property Law | Date: | Hits: 59
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