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Abu Taher Vs. Abdur Razzak and others, 1995, 24 CLC (AD)
....any illegality in upholding the judgment and order of the Election Appellate Tribunal. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 160 ......any illegality in upholding the judgment and order of the Election Appellate Tribunal. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 160 ......was elected as Chairman and the Gazette Notification was published on 3.3.92. Respondent No. 1filed Election Tribunal Case No.7 of 1992 before the Election Tribunal and Additional Senior Assistant Judge, Sadar, Comilla against the petitioner on the self‑same ground, namely, that he was a d..Category: Others | Date: | Hits: 101
Shaikh Mustainul Haque Vs. Inspector General of Police and others, 1995, 24 CLC (AD)
....y further order. No costs. The impugned judgment and order arc set aside and those of the Administrative Tribunal are restored. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 157. ......others...................Respondents Judgment June 14, 1995. Result: The Appeal is allowed. The Administrative Tribunal Act, 1980 (VII of 1981), section 4(2) The Police Officers (Special Provisions) Ordinance, 1976 (LXXXIV of 1976), section 7A A revision lies to the Governm......y further order. No costs. The impugned judgment and order arc set aside and those of the Administrative Tribunal are restored. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 157. ..Category: Administrative Law | Date: | Hits: 111
Shahana Hossain Vs. AKM Asaduzzaman, 1995, 24 CLC (AD)
.... Division is set aside. The appellant is entitled to restitution in view of the disposal of the Miscellaneous Case by us. Ed. This case is also reported in: 47 DLR (AD) (1995) 155 ...... Division is set aside. The appellant is entitled to restitution in view of the disposal of the Miscellaneous Case by us. Ed. This case is also reported in: 47 DLR (AD) (1995) 155 ......Bench of the High Court Division passed on 4.9.94 in First Miscellaneous Appeal No.95 of 1993 allowing the appeal, after setting aside the judgment and order dated 10.3.93 passed by the Subordinate Judge and Artha Rin Adalat No. 2 in Miscellaneous Case No.27_5 of 1992 under section 144 of the Cod..Category: Property Law | Date: | Hits: 68
Superintending Engineer and others Vs. Kazi Asaduzzaman and others, 1995, 24 CLC (AD)
....sons the impugned judgment and order of the High Court Division cannot be sustained. The appeal is allowed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 152 ......sons the impugned judgment and order of the High Court Division cannot be sustained. The appeal is allowed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 152 ......nbsp; Mustafa Kamal J: This appeal by leave by the defendants is from the judgment and order of a learned Single Judge of the High Court Division dated 25.11.91 in Civil Revision No.4012 of 1991 (Dhaka)/Civil Rev..Category: Property Law | Date: | Hits: 124
Forkan alias Farhad and and another Vs. State, 1995, 24 CLC (AD)
....Penal Code against the appellants have been proved beyond the shadow of reasonable doubt. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 149. ......Penal Code against the appellants have been proved beyond the shadow of reasonable doubt. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 149. ......assed by a Division Bench of the High Court Division in Criminal Appeal No.28 of 1990 dismissing the appeal, thereby confirming the judgment and order dated 14.11.85 passed by the Additional Sessions Judge, Gazipur in Sessions Case No.3 of 1989 convicting the appellants along with one Golap under se..Category: Criminal Law | Date: | Hits: 49
Director (Est. & Admin.) T & T Board, Tele Com Building Vs. Hasan Ahmed & anr, 1995, 24 CLC (AD)
....ring him from service was illegal, malafide and invalid and that he was still in service. 3. The case of the respondent No. 1, in short, is that he had been in service in the Office of the Divisional Engineer (Air Condition) T & T Board, Dhaka as Telecommunication Mechanic, in short T......jurisdiction in setting aside the findings of the Tribunal. 13. In the result, the appeal is allowed with costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 143 ......jurisdiction in setting aside the findings of the Tribunal. 13. In the result, the appeal is allowed with costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 143 ..Category: Administrative Law | Date: | Hits: 138
Abu Taleb Vs. Government of Bangladesh, 1995, 24 CLC (AD)
....by the appellant. In that view of the matter we do not find any ground for interference. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 138......by the appellant. In that view of the matter we do not find any ground for interference. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 138......n of materials by the Government, the Court is of the opinion that the impugned order has not been passed in the public interest, it can declare it to be so. Shahabuddin Ahmed, J [who is the author‑Judge of the case reported in 34 DLR (AD) 321], opined that it is the Government who is the better j..Category: Administrative Law | Date: | Hits: 175
Special Reference No. 1 of 1995, 24 CLC (AD)
.... Mohammad Ismailuddin Sarker J. - I am in complete agreement with the learned Chief Justice and I have nothing more to add. Ed. This Reference is also Reported in: 47 DLR (AD) (1995) 111. ...... (1995) 111. ......ical provisions. 15. We have heard some argument from Dr. Kamal Hossain as to jurisprudential objection to the advisory jurisdiction of Courts entertained by some Jurists, text‑book writers and Judges in the American and English Jurisdictions mainly on the ground of inexpediency, inconvenience..Category: Constitutional Law | Date: | Hits: 248
Shameen Vs. Government of Bangladesh & others, 1995, 24 CLC (AD)
....l is allowed, but without any order as to costs. The detenu be released forthwith, if not wanted in connection with any other case. Ed. This case is also reported in: 47 DLR (AD) (1995) 109. ......n Writ Petition No. 1079 of 1994). Judgment M H Rahman CJ.- In Writ Petition No.1079 of 1994, appellant Md. Shameem unsuccessfully challenged the detention of his brother Md. Shaheen under the Special Powers Act, 1974. His case, in brief, is that on 9 June 1994 when his brother, a businessman......ween the order of detention and the grounds of detention that was served on the detenu, the High Court Division discharged the rule issued in the matter. 3. The appellant contends that the learned Judges of the High Court Division failed to consider that since a specific criminal case had already..Category: Criminal Law | Date: | Hits: 75
Golam Rahman Vs. Hazera Khatun, 1995, 24 CLC (AD)
....r is set aside and the appeal is allowed without any order as to costs. The suit is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 211, 47 DLR (AD) (1995) 108 ......r is set aside and the appeal is allowed without any order as to costs. The suit is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 211, 47 DLR (AD) (1995) 108 ......bsp; Latifur Rahman J.- This appeal at the instance of defendant‑appellant is directed against the judgment of a Single Judge of the High Court Division passed in Civil Revision No. 3823 of 1991 (Dhaka), remanding Title..Category: Property Law | Date: | Hits: 47
Halid Hamidul Huq Vs. Nafisa Chowdhury & ors., 1995, 24 CLC (AD)
....ay be made before the Court where the tide suit is pending. The appeal is dismissed without any order as to cost. Ed. This case is also reported in: 47 DLR (AD) (1995) 104 ......ay be made before the Court where the tide suit is pending. The appeal is dismissed without any order as to cost. Ed. This case is also reported in: 47 DLR (AD) (1995) 104 ......bsp; M H Rahman CJ: The appellant filed a miscellaneous case under section 74 of the Trusts Act, 1882, FMA No. 74 of 1992 before the Court of Additional District Judge, First Court Dhaka, praying for his appointment as a trustee of a Trust created by his father..Category: Property Law | Date: | Hits: 76
Sadharan Bima Corporation Vs. Sanjib Kumar Das & another, 1995, 24 CLC (AD)
....nterpretation given by the High Court Division, we dismiss the appeal for the reasons above without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 97 ......nterpretation given by the High Court Division, we dismiss the appeal for the reasons above without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 97 ......judgment and order dated 24.8.93 of the High Court Division passed in Appeal from Original Decree No. 267 of 1992, affirming the judgment and decree dated 3.11.92 passed by the learned Subordinate Judge, Chittagong in Money Suit No. 2 of 1992, decreeing the suit. 2. Plaintiff‑respo..Category: Business or Commercial Law | Date: | Hits: 114
Abdul Munern Chowdhury @ Momen Vs. State, 1995, 24 CLC (AD)
..... 5. There is thus absolutely no reason to interfere in this matter. The petition is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 96 ....... 5. There is thus absolutely no reason to interfere in this matter. The petition is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 96 ......accused‑petitioner who claims to be a child within the meaning of the Children Act, 1974 is facing trial along with others in Sessions Case No. 14 of 1994 in the Court of Additional Sessions Judge, Moulvi Bazar. On the date of framing of the charge on 31.8.94 an application was filed by th..Category: Criminal Law | Date: | Hits: 66
Abdul Hakim (Md) Vs. Genandra Nath Bashu Roy, 1995, 24 CLC (AD)
....ve no locus standi in the matter (Other Class Execution Case No.4 of 1993). The petition is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 95 ......ve no locus standi in the matter (Other Class Execution Case No.4 of 1993). The petition is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 95 ......sp; ATM Afzal J: This petition at the instance of 3rd party‑objectors in Other Class Execution Case No.4 of 1993 of the Court of the Senior Assistant Judge, Additional Court, Sadar Mymensingh arises out of judgment and order dated 8 November 1994, p..Category: Civil Law | Date: | Hits: 109
Zahiruddin son of Abdu Hye Vs. State, 1995, 24 CLC (AD)
....prisonment. The appeal is allowed. The sentence of death imposed on the appellant is commuted to one of life imprisonment. Ed. This case is also reported in: 47 DLR (AD) (1995) 92 ......prisonment. The appeal is allowed. The sentence of death imposed on the appellant is commuted to one of life imprisonment. Ed. This case is also reported in: 47 DLR (AD) (1995) 92 ...... Judgment: M H Rahman CJ: Appellant was condemned to death by the Additional Sessions Judge, Cox's Bazar under section 302 of the Penal Code by his judgment and order dated 28 May 1990 ..Category: Criminal Law | Date: | Hits: 73
C Q M H Md. Ayub Ali Vs. Bangladesh and others, 1995, 24 CLC (AD)
....ied upon and further that there has been a failure of fair trial in the Court of Settlement which arrived at its conclusion in violation of the principles of natural justice. ......ied upon and further that there has been a failure of fair trial in the Court of Settlement which arrived at its conclusion in violation of the principles of natural justice. ......g all formalities but subsequently he avoided to perform his part of the contract which compelled the appellant to file Title Suit No. 249 of 1984 in the First Court of Munsif, Dhaka (now Assistant Judge) for specific performance of contract impleading the Government as defendant No.2. 5...Category: Property Law | Date: | Hits: 86
Shahidul Islam (Md) & anr Vs. Md. Sayedur Rahman and others, 1995, 24 CLC (AD)
.... we are reluctant to interfere with the interlocutory order of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 70 ...... we are reluctant to interfere with the interlocutory order of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 70 ......bsp; Latifur Rahman J- Plaintiff‑Respondents filed a suit for perpetual injunction in the Court of Assistant Judge, Faridpur, being Title Suit No. 21 of 1993, and prayed for temporary injunction in that suit..Category: Civil Law | Date: | Hits: 95
Hasan Ali and others Vs. State, 1995, 24 CLC (AD)
....ready undergone; as to the sentence of fine, it is maintained. The appeal in respect of the other appellants is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 69 ......of 1991). Judgment: Shahabuddin Ahmed CJ: These four appellants were convicted by Special Tribunal and Assistant Sessions Judge, Kurigram, under section 15 of the Special Powers Act......nbsp; Shahabuddin Ahmed CJ: These four appellants were convicted by Special Tribunal and Assistant Sessions Judge, Kurigram, under section 15 of the Special Powers Act and sections 431, 143 and 447 of the Pe..Category: Criminal Law | Date: | Hits: 60
Bangladesh Parjatan Corporation, Dhaka Vs. AKM Abul Kalam, 1995, 24 CLC (AD)
....nce with the Rules we uphold the ultimate order of the High Court Division. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 67 ......nce with the Rules we uphold the ultimate order of the High Court Division. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 67 ......roceedings were conducted in full compliance with the principle of natural justice and the respondent having not filed any affidavit‑in ‑reply denying the said contentions, the learned Judges of the High Court Division acted wrongly in holding that the order of discharge was passed w..Category: Employment/Service Law | Date: | Hits: 134
Sirajul Islam (Md). Alias Siraj Madbar and others Vs. Keramat Ali Bhuiyan & ors, 1995, 24 CLC (AD)
....ned transfer. In the result, the appeal is allowed and the impugned order of the High Court Division is set aside. Ed. This case is also reported in: 47 DLR (AD) (1995) 64 ......ned transfer. In the result, the appeal is allowed and the impugned order of the High Court Division is set aside. Ed. This case is also reported in: 47 DLR (AD) (1995) 64 ......; Shahabuddin Ahmed CJ: This appeal by leave calls in question an order of the High Court Division dated 12 June 1994 transferring a criminal case from the Court of Sessions Judge, Shariatpur to that of the Sessions Judge, Madaripur, under section 526 of the Criminal Proc..Category: Criminal Law | Date: | Hits: 67
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