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Bangladesh Vs. AKM Yousuf Mia & others, 1998, 27 CLC (AD)
....trative Appellate Tribunal is set aside and that of the Administrative Tribunal is restored. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 200; II ADC (2005) 520. ...... not maintainable as respondent had ceased to be a government servant under Rule 18 of the Fundamental Rules because of his continuous absence from duty for more than 5 years since 23-8-79; that in view of the bifurcation of the office of the General Manager, Postal Life Insurance into two zones,..Category: Administrative Law | Date: | Hits: 119
Akhteruzzaman Vs. Ali Amjad Khan and others, 1998, 27 CLC (AD)
....case to call for an interference. The petitions, therefore, merit no leave and are dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 199. ......case to call for an interference. The petitions, therefore, merit no leave and are dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 199. ..Category: Property Law | Date: | Hits: 87
Monir Ahmed Fakir and others Vs. Abdul Jalil Munshi and others, 1998, 27 CLC (AD)
.... having been exercised judiciously there is nothing for our interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 198. ...... having been exercised judiciously there is nothing for our interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 198. ..Category: Civil Law | Date: | Hits: 150
Bangladesh Krishi Bank Vs. Meghna Enterprises and another, 1998, 27 CLC (AD)
....ourt Division is not sustainable in law. Consequently, both the appeals are allowed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 194; 52 DLR (AD) (2000) 57. ......stitution of Bangladesh, 1972, Article 65(1) Articles 27 & 31 All the defaulting borrowers of Krishi Bank are entitled to equal protection of law provided by the Act by way of appeal, review and revision as contained in sections 51, 52 and 54 of the said Act and as such the learned Ju..Category: Business or Commercial Law | Date: | Hits: 150
Category: Business or Commercial Law | Date: | Hits: 163
Fazlul Karim Chowdhury and (Md) and others Vs. Lutfunnessa Begum and others, 1998, 27 CLC (AD)
....urthermore, the instant case does not involve any question of law of public importance. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 188. ...... of the dispute is not sufficiently specified. In cases of injunctions the court must always be very cautious in specifying the property so that on account of vagueness disputes do not erupt. In this view of the matter we find no reason to interfere with the impugned judgment. Furthermore, the insta..Category: Property Law | Date: | Hits: 101
Abdus Sattar Vs. State and another , 1998, 27 CLC (AD)
....n has rightly refused the prayer for quashment of the proceeding. The petition is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 187. ......iminal Court of competent jurisdiction in Bangladesh can take cognizance in the case in accordance with illustration (c) of section 179 of the Code of Criminal Procedure. We are, therefore, of the view that the High Court Division has rightly refused the prayer for quashment of the proceeding.&n..Category: Criminal Law | Date: | Hits: 79
Mokaddesh Mondal and Others Vs. State and Others, 1998, 27 CLC (AD)
.... at the time of framing charge or even there-after. The petition is dismissed with observation as above. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 186. ......f the Code of Criminal Procedure. A Division Bench, by the impugned order dated 17 August, 1997, deleted that part of the order of the learned Magistrate directing further investigation taking the view that the charge-sheet having been accepted there was no scope for further investigation. The ..Category: Criminal Law | Date: | Hits: 74
Sharashibala Sarkar and others Vs. Patani Sundari Dassaya and another, 1998, 27 CLC (AD)
....d above, we do not find any illegality in the impugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 171. ......ellip;…..Defendant Judgment April 28, 1997. Principle of Hindu Law, Section 205 Learned judges of the High Court Division are correct in holding that in view of the provision of section 205 of the Hindu Law alienation of the suit land to the transfere..Category: Property Law | Date: | Hits: 61
Meghna Petroleum Limited Vs. Commissioner of Taxes (East Zone) Dhaka, 1998, 27 CLC (AD)
.... forthwith to the High Court Division for taking necessary steps in accordance with the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 165. ...... long after on 25-10-82 which was beyond the accounting year and that such post-dated agreement can have no validity in the eye of law as it was not even executed during the accounting year under review. Finally the DCT held: “In my view, neither the decision at inter-M..Category: Fiscal/Taxation Law | Date: | Hits: 97
Shahidullah (Md) Vs. Md. Yunus and others , 1998, 27 CLC (AD)
....his submission in the appeal for no fault of his own. The petition is disposed of with observation as above. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 164. ......Civil Petition for Leave to Appeal No.775 of 1997. Judgment ATM Afzal CJ.- In view of the order we propose to make in this petition for leave to appeal, it will be sufficient t..Category: Procedural Law | Date: | Hits: 94
Rafique (Md) Vs. Syed Morshed Hossain and another, 1998, 27 CLC (AD)
....n rightly quashed the proceeding. We find no merit in the petition. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 163. ......n rightly quashed the proceeding. We find no merit in the petition. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 163. ..Category: Criminal Law | Date: | Hits: 88
Niman Ali Vs. Ramizuddin and another, 1998, 27 CLC (AD)
....essions Judge, affirmed by the High Court Division, calls for our interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 162. ......aterials to support the informant-petitioner’s allegations that accused respondent Ramizuddin contested the informant petitioner’s various applications at any time. 11. In that view of the matter we do not think that the discretion exercised by the learned Additional Sessions..Category: Criminal Law | Date: | Hits: 73
Bangladesh Vs. Mahbubuddin Ahmed, 1998, 27 CLC (AD)
....against him at any time. For the reasons, however, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 154. ......f dismissal from service under MLO No. 9 was effective or not for non-communication of the same on the affected person can be decided by the Administrative Tribunal and for this exercise judicial review was not necessary. Indeed the matter being one relating to the terms and conditions of servic..Category: Administrative Law | Date: | Hits: 125
Bangladesh Railway and ors. Vs. Pranab Kumur Chakraborty and ors., 1996, 25 CLC (AD)
....wed without any order as to costs. The impugned judgment and decree passed by the High Court Division are set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 150. ......ministration” or ‘Administration” means the manager of the Bangladesh Railway and includes the Government.” The High Court Division apparently took the view that since “Railway Administration” included ‘the Government”, anythi..Category: Administrative Law | Date: | Hits: 130
Sunil Chandra Mondal and others Vs. Narayan Chandra Shil & others, 1996, 25 CLC (AD)
.... High Court Division was far from justified in upholding the order of amendment. The appeal is, accordingly, allowed with cost. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 148. ......ourt Division in revision, Civil Revision No. 7342 of 1991, and a Single Judge, by the impugned judgment and order dated 30th August, 1993 discharged the Rule issued earlier upon merely endorsing the view of the learned Assistant Judge that the proposed amendment does not change the nature and chara..Category: Procedural Law | Date: | Hits: 149
Shahida Khatun Vs. Abdul Malek Howlader and others, 1998, 27 CLC (AD)
....High Court Division rightly did not encourage a transfer on a mere apprehension. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 147. ......he High Court Division itself. 3. Taking exception to some of the language employed by the petitioner in the petition the Division Bench rejected the application summarily taking the view that a reflection has been made on the entire lower judiciary. 4. Mr. MA Wahha..Category: Property Law | Date: | Hits: 71
Shahidullah (Md) Vs. Abdus Sobhan Talukder and others, 1996, 25 CLC (AD)
....ing arrived at a correct finding as to the position of law we find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 146. ......the submissions made before High Court Division, namely, that the Suit was bared under section 102 of the Waqfs Ordinance, which was rightly negatived by the High Court Division upon taking a correct view that section 102 is no bar to a determination by the Civil Court as to whether the provisions o..Category: Property Law | Date: | Hits: 91
Akhtar Masood Vs. Mrs. Bilkis Jahan Ferdous, 1998, 27 CLC (AD)
.... access to his son during pendency of the suit. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 145. ......is mother, the respondent, a Government servant. The couple has also been divorced in 1993. The petitioner’s prayer for visitation was refused by the High Court Division on the ground that in view of the strained relation between husband and wife and pending litigation between them over a ..Category: Family Law | Date: | Hits: 156
Ali Akbar (Md) Vs. Government of Bangladesh and others, 1996, 25 CLC (AD)
....ioner was not entitled to retain its possession. The petition is therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 143; 1 MLR (AD) 1996, 379. ......irecting the district administration to lease out the said fishery. Reliance was placed on the decision of Shah Md. Elias vs. Province of East Pakistan reported in 17 DLR 277 wherein the following view was taken- “A close reading of the provisions points to inevitable conc..Category: Property Law | Date: | Hits: 90