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Hafizuddin (Md) & 3 ors Vs. Bangladesh Bank, represented by Governor & ors, 1997, 26 CLC (AD)

.... made any submission on this finding. 15. We find no ground for interference. The petitions are dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 147 ...... made any submission on this finding. 15. We find no ground for interference. The petitions are dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 147 ......one the highest administrative authority of the Bangladesh Bank. It is his submission that the Appellate Tribunal did not appreciate his submission and wrongly held that the terms and conditions of service can only be violated by an order or decision or action of an administrative authority and t..

Category: Administrative Law | Date: | Hits: 159

Ansarul Haque Vs. Abdur Rahim and 4 others, 1997, 26 CLC (AD)

....t’s the special circumstance of this particular case. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 145 ......t’s the special circumstance of this particular case. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 145 ......ss transaction they sold to each other and purchased from each other and made payments to each other, received payments from each other in cash, by cheque and by sale of materials and equipment and services of each other’s employees. In 1980 the informant’s company was awarded contrac..

Category: Criminal Law | Date: | Hits: 93

Primal Ranjan Das Vs. Nasima Khatun, 1997, 26 CLC (AD)

....t this stage because the question was never raised either in appeal or in revision. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 144 ......t this stage because the question was never raised either in appeal or in revision. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 144 ......t this stage because the question was never raised either in appeal or in revision. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 144 ..

Category: Tenancy Law | Date: | Hits: 70

Sorbesh Ali and anr. Vs. Jarina Begum and anr., 1997, 26 CLC (AD)

.... his submissions were not considered by the learned Judge of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 143 ...... his submissions were not considered by the learned Judge of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 143 ...... his submissions were not considered by the learned Judge of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 143 ..

Category: Criminal Law | Date: | Hits: 53

Abdur Rahman (Md) Vs. Md. Iqbal Ahmed and others, 1997, 26 CLC (AD)

....e benefits of the decree obtained after protracted litigation. The petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 142 ......e benefits of the decree obtained after protracted litigation. The petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 142 ......e benefits of the decree obtained after protracted litigation. The petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 142 ..

Category: Property Law | Date: | Hits: 84

Abdul Kaiyum (Md) Vs. Krishnadhan Banik being dead, his heirs Bijan K Banik & ors, 1997, 26 CLC (AD)

....ugned judgment or in the revision petition before the High Court Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 140 ......ugned judgment or in the revision petition before the High Court Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 140 ......ugned judgment or in the revision petition before the High Court Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 140 ..

Category: Property Law | Date: | Hits: 64

Dhaka Vegetable Oil Ind. Ltd. Vs. Commissioner of Taxes, Dhk. (North) Zone, Dhaka, 1997, 26 CLC (AD)

....vanced by Mr. Rafiqul Huq. In the result both the appeals are allowed without any order as to costs.   Ed. This case is also reported in: 49 DLR (AD) (1997) 136 ......vanced by Mr. Rafiqul Huq. In the result both the appeals are allowed without any order as to costs.   Ed. This case is also reported in: 49 DLR (AD) (1997) 136 ......vanced by Mr. Rafiqul Huq. In the result both the appeals are allowed without any order as to costs.   Ed. This case is also reported in: 49 DLR (AD) (1997) 136 ..

Category: Fiscal/Taxation Law | Date: | Hits: 120

Nur Islam (Md) Vs. Agrani Bank, 1995, 24 CLC (AD)

.... such a situation. The application under section 151 is found to have been rightly dismissed. This petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 135.   ...... such a situation. The application under section 151 is found to have been rightly dismissed. This petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 135.   ...... such a situation. The application under section 151 is found to have been rightly dismissed. This petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 135.   ..

Category: Civil Law | Date: | Hits: 120

Abdul Khaleque and Others Vs. Md. Hanif and Others, 1997, 26 CLC (AD)

.... can be made on the merit as well. The petition is dismissed and the stay order granted earlier is hereby vacated. Ed. This case is also reported in: 49 DLR (AD) (1997) 134 ......must be filed by the Public Prosecutor on behalf of the State and the Court is to accord consent. It has been already noticed that trial Court after giving an elaborate judgment on the materials on record refused to accord sanction. The trial Court having not accorded sanction for withdrawal of t...... can be made on the merit as well. The petition is dismissed and the stay order granted earlier is hereby vacated. Ed. This case is also reported in: 49 DLR (AD) (1997) 134 ..

Category: Criminal Law | Date: | Hits: 63

Abdur Rouf (Md) Vs. Abdul Hamid and others, 1997, 26 CLC (AD)

....tted any illegality in affirming the decision of the trial Court. The petition is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 423, 49 DLR (AD) (1997) 133 ....... The defendant being aggrieved by the impugned judgment of the High Court Division is seeking leave to appeal. 2. The suit was filed on the averments, inter alia that the suit property was recorded in the name of plaintiff’s father Abdul Aziz as the forcible possessor since 1956. O......tted any illegality in affirming the decision of the trial Court. The petition is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 423, 49 DLR (AD) (1997) 133 ..

Category: Property Law | Date: | Hits: 61

Shamsul Arafin Khan Vs. Kazal Miah and others, 1997, 26 CLC (AD)

.... the appellant. Accordingly, the appeal is allowed and the impugned order set aside without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 175 ......that he has instruction not to pass this application. Hence this application is rejected as being not pressed.” 7. Later on the unsigned order was recalled. There is in fact nothing on record to show whether the unsigned order was recalled suo motu or on the prayer of the learned Ad...... the appellant. Accordingly, the appeal is allowed and the impugned order set aside without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 175 ..

Category: Others | Date: | Hits: 87

Azizul Haque Sikder and others Vs. Collector of Customs, Chittagong and others, 1997, 26 CLC (AD)

....own by both the Tribunals below. For the foregoing reasons, the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 172 ......ts The post of preventive officer is also treated as a feeder post to the post of appraiser Even in the memo dated 26-6-83 the two posts have been shown as distinctly separate posts. It is also on record that the appellants after being qualified in the examinations held by the relevant authority......was granted to consider the submission of the learned Advocate for the appellants that under the provisions of the Services (Re-organisation and Conditions) Act 1975 (Act No. XXXII of 1975) graded services was introduced and as a result seniority in a service would count from the date of entry i..

Category: Administrative Law | Date: | Hits: 160

Sirajul Islam Chowdhury and others Vs. Md. Jainal Abedin & ors., 1997, 26 CLC (AD)

....) nor complied with the demand and hence the suit. The plaintiff averred further that ship-breaking business is a very paying business and by beaching and breaking a ship the plaintiff could earn a good profit in the neighborhood of Taka 40 lakh per ship within a period of 5/6 months. The plaint......h exhibited a fairly good number of documents. 5. Both the trial Court and the High Court Division concurrently held upon an exhaustive consideration of the oral and documentary evidence on record that the appellant’s vessel Banglar Kheya forcibly beached in the plaintiffs yard on 2......age. The defendant- appellants are directed to pay the said amount within one month. There will be no order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 164 ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 213

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 ......rit petitioner had not taken any legal steps even though the Government have been admittedly in possession of the building since 12.8-1975, that Md. Nasim had not mutated his name in the Government records including that of the Housing and Settlement Department and that there was no reliable evi...... 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 ..

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 ......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 ......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 ..

Category: Criminal Law | Date: | Hits: 72

Sayeed Farook Rahman Vs. Sessions Judge of the Court of Sessions, Dhaka & other, 1997, 26 CLC (AD)

.... substantial point of law which calls for granting of leave for detailed consideration. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 157 ...... substantial point of law which calls for granting of leave for detailed consideration. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 157 ...... substantial point of law which calls for granting of leave for detailed consideration. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 157 ..

Category: Constitutional Law | Date: | Hits: 179

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 ......amely, PWs 1-4, 6, 8 and 10. Others are official and formal witnesses and evidence of some is of corroborative nature. 10. The learned Sessions Judge upon a consideration of the evidence on record, by judgment and order dated 22-2-92, convicted the respondent under sections 302/326 of the......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 ..

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 ......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 ......tion 19(1)(a) provides for tolls, dues, rates and charges upon vessel plying within or partly within and partly without the limits of the Chittagong Port. Section 19(1)(d) provides for charges for services rendered by the Port Authority to any vessel. Section 26 empowers the Port Authority to di..

Category: Admiralty Law or Maritime Law | Date: | Hits: 184

Safaruddin and others Vs. Fazlul Huq and others , 1997, 26 CLC (AD)

....ere it is not proved that the parties will be prejudiced or inconvenienced by such partition. 7. As there was no error of law apparent on the face of judgment in the revision case we find no good ground for interference with the impugned order of the High Court Division. This petiti......round for interference with the impugned order of the High Court Division. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 151 ......round for interference with the impugned order of the High Court Division. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 151 ..

Category: Property Law | Date: | Hits: 71

Khondaker Mahtabuddin Ahmed and others Vs. State, 1997, 26 CLC (AD)

....nds for the offence, while the civil suit is for realisation money. Both can stand together. The petition is accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 132 ......e explanation offered by the petitioners the delay condoned. 2. On 26 November 1984 Anti-corruption Department Dhaka lodged an First Information Report with the Motijheel Police Station, which was recorded as PS Case No. 157(11) 84 against the petitioners and some officers of Sonali Bank under se......nds for the offence, while the civil suit is for realisation money. Both can stand together. The petition is accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 132 ..

Category: Anti-Corruption Laws | Date: | Hits: 75