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Government of Bangladesh Vs. Ashraf Ali @ Ashraf Ali and another, 1997, 26 CLC (AD)
.... those of the Court of Settlement are restored. Accordingly, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 161 ......ment of the Tribunal as a court of appeal and reversed the findings of fact of the Court of Settlement. The learned Judges on consideration of the materials and evidences on record took a different view that Md. Nasim was the son of original allottee Yahiya as the original title deed and origina..Category: Property Law | Date: | Hits: 89
Shamsuddin Ahmed Chowdhury Vs. State and another, 1997, 26 CLC (AD)
....ourt Division did not commit any illegality in discharging the Rule. The appeal is dismissed. Ed. This Case is also Reported in: 2 MLR (AD) 1997, 119, 49 DLR (AD) (1997) 159 ......cument was produced in the Court of Upazila Magistrate, Anwara in CR Case No. 116 of 1983 by filing firisti and, as such, the present case against the appellant and others was not maintainable, in view of the provisions of section 476 read with section 195(1) (c) of the Code of Criminal Procedur..Category: Criminal Law | Date: | Hits: 72
State Vs. Abdul Khaleque alias Abdul Khaleq Howlader, 1997, 26 CLC (AD)
....nt Bench. The respondent will continue to remain on the same bail already granted to him till the disposal of the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 154 ...... none of the more substantial points in favour of the respondent, in fact, no argument made by him was even noticed in the judgment and the learned Judges decided the appeal from their own point of view. The condemnation of the impugned judgment is thus from both sides and since we find, not wit..Category: Criminal Law | Date: | Hits: 77
Chairman, Chittagong Port Authority & another Vs. Ministry of Defence and others, 1997, 26 CLC (AD)
....s No. 5, 6 & 7 and all other concerned authorities are directed to give effect to this order immediately.” Ed. This case is also reported in: 49 DLR (AD) (1997) 152 ......ecial cases. We find no provision in the Ordinance which empowers the court to exempt any vessel from payment of her dues payable to the Chittagong Port Authority. 6. We are therefore of the view that the learned Admiralty Judge, in allowing the vessel MV Fong Yun to leave the territorial..Category: Admiralty Law or Maritime Law | Date: | Hits: 184
....igh Court Division they cannot be heard to make any excuse now for their actions.
All the petitions are, accordingly, dismissed.
Ed.
This Case is also Reported in: 49 DLR (AD) (1997) 131.
......before sealing of their Mills. If the action was taken for preventing smuggling then no licence should have been given at all, or, if already given, they could be cancelled with proper notice. In any view of the matter, the petitioners have been found to have taken the actions in an arbitrary manner..
Category: Others | Date: | Hits: 128
Karnafuli Cotton Mills Ltd. Vs. United Commercial Bank Ltd. and others, 1997, 26 CLC (AD)
....nbsp; Subject to this modification of the order of the High Court Division the petition is disposed of. Ed. This case is also reported in: 49 DLR (AD) (1997) 130 ......ly insists that the plants and machineries of the petitioner have not been pledged, hypothecated or mortgaged with the respondent-Bank and so an inventory thereof is uncalled for. 6. In that view of the matter the Advocate Commissioner will make an inventory of only those objects which ar..Category: Procedural Law | Date: | Hits: 98
Sudangshu Kumar Saha Vs. Government of Bangladesh, 1997, 26 CLC (AD)
....the Administrative Appellate Tribunal erred in law in interpreting and, considering the provisions of Rule 25(2)(3) of the Government Servants (Discipline and Appeal) Rules, 1985 and arrived at an erroneous decision on misreading and misconstruing the provisions of the said Rule and as such the ......the authority decides to punish him under this Rule without drawing up any departmental proceeding or giving an opportunity to the Government Servant to show cause against the proposed penalty. In view of Sub-Rule (2)(3) of Rule 25, we do not find that the Administrative Appellate Tribunal commi..Category: Administrative Law | Date: | Hits: 120
Government of Bangladesh Vs. Hosne Ara Begum, 1997, 26 CLC (AD)
....dred) only per month upto the delivery of possession of the property. 5. The defendant appellants then made this appeal only to consider whether the High Court Division decreed the suit on erroneous assumptions and conjectures when there was no evidence to substantiate the plaintiff&rsqu...... the minimum rent for the 65 rooms would be Taka 20,000.00 per month, with regard to other damages, compensation, mesne profits of the vacant land she produced no document to support her claim. In view of the assertions in the plaint and her evidence as PW 1 the High Court Division had rightly f..Category: Property Law | Date: | Hits: 72
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 ...... purpose create new, services or amalgamate or unify existing services. 5. Power of Government to prescribe unified grades and scales of pay, etc.—(1) The Government may, with a view to bringing uniformity in the grades and scales of pay of different persons or classes of per..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. ......re there are such reasonable grounds for refusing bail, in the case of any woman or any sick or infirm person. However, the respondent has not been granted bail upon these considerations but upon the view that there are no reasonable grounds for believing that she has been guilty of the offence alle..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 ......ent Md. Abdur Rouf J.- This petition for leave, by the defendants, is from the judgment and Order dated 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 ..Category: Property Law | Date: | Hits: 63
AKM Azizul Islam and another Vs. State, 1997, 26 CLC (AD)
.... ABM Nurul Islam, learned Counsel for the petitioners submits that the learned Judges of the High Court Division without considering the case of the petitioners wrongly discharged the Rule upon an erroneous impression that there was no merit in the Rule notwithstanding the fact that the petition......ation of the case could not be completed during the specified time or the extended time. The concerned Magistrate by his order dated 16-10-91 rejected that application holding, inter alia , that in view of the provision of section 195 of the Code of Criminal Procedure the Investigation Agency had..Category: Criminal Law | Date: | Hits: 87
Khandaker G. Najib Vs. Chair., Board of Directors, Agrani Bank, HO, Dhk & ors, 1997, 26 CLC (AD)
....e matter. The appeal is allowed with costs and remanded to the Administrative Tribunal for hearing the case in accordance with law. Ed. This case is also reported in: 49 DLR (AD) (1997) 109. ......les an application to the Administrative Tribunal for redress of his grievances. 10. Mr. Syed Abdur Rahim, upon hearing the learned Counsel for the appellant, now finds it difficult to support the views of the two Tribunals that the appellant’s remedy lies, in executing the decree of the Civil ..Category: Administrative Law | Date: | Hits: 131
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 ...... ingredients thereof and that the Special Tribunal has jurisdiction to try the petitioner under section 25C(d) of the Special Powers Act, Ordinance No. VIII of 1982 has been promulgated not with a view to excluding all other trials on the same offence but as an additional forum for trying drug o..Category: Criminal Law | Date: | Hits: 99
Noor Jahan Begum and another Vs. State, 1996, 25 CLC (AD)
....Magistrate himself and the High Court Division acted properly in summarily rejecting the application. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 106. ......agistrate cannot be stifled by quashing. The cases cited by Mr. Aminul Haque, 128 IC 221, 1932 CrILJ 309 and 1985 BLD (AD) 278, do not apply in the facts and circumstances of the case. 5. In that view of the matter the continuation of the proceedings against the accused-petitioners cannot be sai..Category: Criminal Law | Date: | Hits: 149
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 ......fs then moved the High Court Division in revision and obtained Rule in the aforesaid civil revision case. A Single Bench of the High Court Division concurred with the lower appellate Court’s views and discharged the Rule by the impugned judgment and order. 5. Leave was granted to co..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 ......l Court decreed the suit ex parte. The defendant thereupon preferred Other Class Appeal No. 32 of 1987. The appeal was heard by the learned Subordinate Judge, First Court, and Mymensingh who took the view that the suit for declaration without a prayer for cancellation of the document and payment of ..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. .......” 9. In the facts and circumstances of the instant case, in our opinion, this Regulation does not at all help the petitioner for invoking a legal coverage for Annexure-L to the writ petition in view of the fact that the Managing Committee of the School did not refer to the Board the petitioner..Category: Constitutional Law | Date: | Hits: 163
Ali Ahmed & ors Vs. Nazimuddin P. being dead, his heirs Azimuddin P. & ors., 1997, 26 CLC (AD)
....f the said court. In the result, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 433, 49 DLR (AD) (1997) 90 ...... consideration on 28 Magh 1365 BS has litttle ground. The well settled principle of law that in the case of a contract for reconveyance time is the essence of contract is not disputed before us in view of the decisions in Abdul Rahim Sardar vs. Idris Ali Bepari, 11 DLR 169 and Abdur Rahman v Haj..Category: Property Law | Date: | Hits: 60
.... statement and, as such, no arguments were allowed to be made on his behalf.
The appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 49 DLR (AD) (1997) 87.
...... the Ministry’s memo dated 24.12-85 (Annexure. I) and brought it again into force. This memo had approved the shifting of the School to its new site at Alampur from its old site at Khubandi. In any view of the matter, the impugned memo dated 24-9-86 does not contain any reference to any legal prov..
Category: Employment/Service Law | Date: | Hits: 95
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