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Habibur Rahman (Md.) Vs. Government of Bangladesh and ors., 1999, 28 CLC (AD)
.... 9. No point of law of public importance is involved in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 39. ...... 9. No point of law of public importance is involved in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 39. ...... 9. No point of law of public importance is involved in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 39. ..Category: Constitutional Law | Date: | Hits: 158
Chairman, National Board of Revenue and others Vs. Beximco Infusions Ltd., 1999, 28 CLC (AD)
....e benefit of SRO dated 25-7-1990 it amounts to a decision of the National Board of Revenue itself “which shall be implemented This being the position in law and fact., we fail to see on what good reason and why the National Board of Revenue became so adamant. As for the non-issuance of a r......thoughtless manner in which the Government affairs are conducted. For the reasons, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 36. ......thoughtless manner in which the Government affairs are conducted. For the reasons, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 36. ..Category: Business or Commercial Law | Date: | Hits: 112
Calmare Navigation Co. Ltd. Vs. Mohammad Nurul Hoque and another, 1999, 28 CLC (AD)
....and the submission of the learned Advocate is devoid of any reason. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 35. ......and the submission of the learned Advocate is devoid of any reason. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 35. ......and the submission of the learned Advocate is devoid of any reason. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 35. ..Category: Others | Date: | Hits: 74
Abdur Rahman and others Vs. State, 1999, 28 CLC (AD)
....and sentence passed against the appellants are not sustainable in law. Consequently, the appeal is allowed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 33. ......the informant by the appellants was disbelieved by the High Court Division. The learned Judges also found that the appellants were falsely implicated in this case on a reference to the evidence on record. Thus, the conviction and sentence passed against the appellants are not sustainable in law.......and sentence passed against the appellants are not sustainable in law. Consequently, the appeal is allowed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 33. ..Category: Criminal Law | Date: | Hits: 76
Governing Body of Kapilmuni College Vs. Sheikh Roushan Ali & Others, 1997, 26 CLC (AD)
....same by the impugned order. In the facts and circumstances of the case we find little merit in his leave petition. It is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 31.......same by the impugned order. In the facts and circumstances of the case we find little merit in his leave petition. It is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 31.......Sheikh Roushan Ali while serving as an Assistant Professor in the Department of Political Science at Kapilmuni College Khulna, the Governing Body of the College, petitioner herein, dismissed him from service with effect from 7-10-81 in pursuance of a departmental proceeding against him under the Rec..Category: Employment/Service Law | Date: | Hits: 79
Saitan Bibi and others Vs. Chairman Bewa and others, 1999, 28 CLC (AD)
.... Court, thereby dismissing the suit. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 28. ......uddin Mondal and Easin All Mondal possessed the suit jote in equal share and the CS khatian was prepared in their names accordingly. During the revisional rent roll operation the suit jote was also recorded in the names of the defendants and the paddy rent has been commuted into money rent of Rs ......dinance No.XXXIII of 1951. For this offence defendant No.1 was fined, as he did not pay the fine in time. A Certificate Case No. 6 AM159-60 was started in the Bogra Certificate Court and after due service of the processes and observance of the relevant provisions of law the suit land and other l..Category: Property Law | Date: | Hits: 52
Asiman Begum Vs. State, represented by the Deputy Commissioner, 1999, 28 CLC (AD)
....anded to the High Court Division for disposal at an early date in the light of the observations made above. Ed. This Case is also Reported in: 51 DLR (AD) (1999)18. ......nt at the Barisal Medical College Hospital but she ultimately succumbed to her injuries. 7. It appears that besides oral evidence prosecution proved a dying declaration, Ext. 2, which was recorded by a Magistrate PW 4 in the presence of several Advocates of the Legal Aid Unit, Barisal, ......anded to the High Court Division for disposal at an early date in the light of the observations made above. Ed. This Case is also Reported in: 51 DLR (AD) (1999)18. ..Category: Criminal Law | Date: | Hits: 83
Abdul Haque (Md) Deputy Commissioner Vs. District Judgeship, 1999, 28 CLC (AD)
....s first posting to the high office of the executive head of a district and being burdened with the responsibilities of that high office with little experience, wrote the letters in question, in good faith believing that he had to do so for discharging his duties as the chief executive office......on with the order of his conviction in Misc. (violation) Case No. 31 of 1994 and sentenced to 3 months civil imprisonment and fine of Taka 5,000.00 passed by the Assistant Judge of Ulipur. It is on record that an appeal, Misc. Appeal No. 76 of 1994, against the said order of conviction and sente......penitent and overtaken with remorse for his indiscreet act. Praying for compassion for his client, Mr. Ahmed submitted that because of inexperience and lack of proper training at the entry point of service, such indiscretion is committed by young officers but as they gain more experience, they be..Category: Criminal Law | Date: | Hits: 70
Abul Bashar and another Vs. Hasanuddin Ahmed and ors., 1999, 28 CLC (AD)
.... proceedings. The impugned judgment does not warrant any interference. All the 3 leave petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 14. ...... proceedings. The impugned judgment does not warrant any interference. All the 3 leave petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 14. ...... proceedings. The impugned judgment does not warrant any interference. All the 3 leave petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 14. ..Category: Criminal Law | Date: | Hits: 68
Mostafizur Rahman Vs. BD, represented by Sec., Min. of Home Affairs & anr, 1999, 28 CLC (AD)
....nd if any charges are found to be true, law will take its own course. 12. The detention of the detenu is not only unlawful and illegal, but also malafide and against all good conscience and democratic norms. It was done for a collateral purpose in order to create hurdl...... was taken in the interest of public safety and public order. It has to satisfy the High Court Division which is an obligation cast upon that court by the Constitution that there were materials on record as would satisfy a reasonable person to justify the order of detention……&helli......ds and is, accordingly, allowed. There will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 1. ..Category: Constitutional Law | Date: | Hits: 191
Bangladesh Vs. Shirely Anny Ansari, 2000, 29 CLC (AD)
....gh Court Division in Writ Petition No. 7756 of 1997 is hereby set aside and that of the Court of Settlement restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 180. ...... such an act by the donee as would in law amount to taking of possession. When the property is not capable of being delivered physically, acceptance may be shown by mutation of name in the official record, municipal papers or with the Revenue authority……(8) Lawyers Invo......gh Court Division in Writ Petition No. 7756 of 1997 is hereby set aside and that of the Court of Settlement restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 180. ..Category: Property Law | Date: | Hits: 64
Abul Bashar Vs. Investment Corporation of Bangladesh & another, 2000, 29 CLC (AD)
....sel for the petitioner are distinguishable on facts. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 178. ......sel for the petitioner are distinguishable on facts. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 178. ......hury.- In exercise of powers under regulation 56(2) of the Investment Corporation of Bangladesh(Officers and Employees) Service Regulations. The Investment Corporation of Bangladesh terminated the service of the petitioner, an Assistant General Manager of the Corporation, on 23 April 1995. The p..Category: Administrative Law | Date: | Hits: 121
Jamir Ali (Md) and others Vs. Secretary, Ministry of Land & others, 2000, 29 CLC (AD)
.... 1953 Act as amended by sections 22 and 23 of the 1987 Act. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 176; 6 MLR (AD) 2001, 41. ......in possession. Respondent-Government and other respondents stated that 90% of the compensation was paid to the owners but award regarding 74 decimals of land could not be made for non-submission of records by the owner claiming compensation. 4. A Division Bench of the High Court Division...... 1953 Act as amended by sections 22 and 23 of the 1987 Act. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 176; 6 MLR (AD) 2001, 41. ..Category: Property Law | Date: | Hits: 94
Bangladesh and another Vs. Habib Zamil, 2000, 29 CLC (AD)
....the result, the appeal is allowed and the impugned judgment and order set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 174. ......the result, the appeal is allowed and the impugned judgment and order set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 174. ......the result, the appeal is allowed and the impugned judgment and order set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 174. ..Category: Property Law | Date: | Hits: 73
Government of Bangladesh and others Vs. Hussain Mohammad Ershad, 2000, 29 CLC (AD)
....e. 4. The learned Judges of the High Court Division found that the respondent No. 2 on 7-5- 92 raided the house, seized the articles from the house prepared an inventory of the seized goods and evicted the care taker and that respondent No. 2 went to the house on 7-5-1992 without a......e petitioner on 19-5-92 filed a petition unsuccessfully in the Court of Chief Metropolitan Magistrate praying for unlocking the house but no order of search warrant and seizure was available on the record. 3. Respondents opposed the Rule by filing an affidavit-in-opposition denying...... the learned Additional Attorney-General merit no consideration. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 162. ..Category: Constitutional Law | Date: | Hits: 170
Zenith Packages Limited Vs. Member Labour Appellate Tribunal Dhaka and others, 2000, 29 CLC (AD)
....e reason as given by us, find any reason to admit this petition for review. The review petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 160. ......e Ordinance and in doing so this Division made a departure from the actual point involved in the leave petition and thereby stated that this Division committed error of law apparent on the face of record and sought for review of the Judgment. 3. In order to appreciate the grounds upon w......e reason as given by us, find any reason to admit this petition for review. The review petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 160. ..Category: Labour and Industrial Law | Date: | Hits: 127
Yaqub Mohammad and another Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....been issued without any lawful authority. We see no ground for grant of leave and dismiss the petitions accordingly. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 159; 5 MLR (AD) 137. ......d to be that after the rescheduling of the loan, 10% of the overdue loan had already been paid and that consequently the petitioners did not make any default. On consideration of the materials on record a Division discharged the Rules by a common and Judgment dated 19 July 1999. The petition......t was specifically mentioned therein that in the event of their failure to pay the money their Directorship in Pubali Bank would be deemed to have been vacated after the expiry of two months from the service of the notice under section 17(1) of the Act. These letters were challenged in two separate ..Category: Banking Law | Date: | Hits: 191
Bangladesh and others Vs. Mizanur Rahman, 2000, 29 CLC (AD)
.... with an inviolable and non-relaxable condition of payment of fine or extra-duty in full then it can be said that the petition has no equally efficacious remedy. The petitioner having released the goods on payment of additional customs duty and sales tax he ought to have asked for refund under s......of any excess duty under section 33 of the Act within six months of such payment his writ petition is not maintainable. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 149. ......round. When fundamental right is sought to be enforced only to avoid the alternative remedy available under the law such as by a public servant in respect of any of the terms and conditions of his service by filing a writ petition without going to the Administrative Tribunal constituted under th..Category: Fiscal/Taxation Law | Date: | Hits: 94
Abdul Khaleque (Md) Vs. Sec, Ministry of Law, Justice and Parliamentary Affairs, 2000, 29 CLC (AD)
.... find any substance in the submissions of the learned Advocate for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 147. ......ide the order of Administrative Tribunal and confirmed the order of compulsorily retirement on the findings, that the petitioner was served with a second show cause notice along with a copy of the record of the authority’s decision, that the petitioner was not, prejudiced and that there wa......for declaration that the order of compulsory retirement dated 26-11-88 passed by the Assistant Secretary, Ministry of Law and Justice was illegal and void and also for a declaration that he was in service. His case was that while he was a Sheristader in the Court of District Judge, Patuakhali he..Category: Administrative Law | Date: | Hits: 125
Billal Vs. State, 2000, 29 CLC (AD)
....of the said Code. But the sentence as awarded shall remain unaltered. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 143. ......ons have been falsely implicated in the case. 4. Prosecution examined 6 PWs including the informant and the investigating officer Accused Saiful Islam made confessional statement which was recorded by a Magistrate 1st Class consideration of the evidence on record trial Court convicted th...... his house half an hour before his murder is in the evidence of PW 3 Rabiul Alam, a co-villager of the victim and informant and he came to the house of the victim from his village home to join his service in the Army. At the time of deposing in Court he was serving as a Sepoy in the Army. We hav..Category: Criminal Law | Date: | Hits: 58
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