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Chairman, Zilla Chora Chalan Daman Samanaya Committee, Mymensingh and another Vs. Md. Kabirul Islam Beg and 5 others, 1997, 26 CLC (AD)

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

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

Category: Procedural Law | Date: | Hits: 98

Sudangshu Kumar Saha Vs. Government of Bangladesh, 1997, 26 CLC (AD)

....llegality in the impugned judgment and order. The petition is also barred by 12 days. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 129 ......llegality in the impugned judgment and order. The petition is also barred by 12 days. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 129 ......bsp;                 Latifur Rahman J The petitioner who was an Operator in the Foreign Post Office was dismissed from his service with effect from 11-6-88 by an order passed by respondent No. 3. The petitioner challenged ..

Category: Administrative Law | Date: | Hits: 120

Government of Bangladesh Vs. Hosne Ara Begum, 1997, 26 CLC (AD)

....ment and decree of the High Court Division be set aside and those of the trial Court be restored. Ed. This Case is also Reported in: 2 MLR (AD) 1997, 56, 49 DLR (AD) (1997) 127 ......ment and decree of the High Court Division be set aside and those of the trial Court be restored. Ed. This Case is also Reported in: 2 MLR (AD) 1997, 56, 49 DLR (AD) (1997) 127 ......ment and decree of the High Court Division be set aside and those of the trial Court be restored. Ed. This Case is also Reported in: 2 MLR (AD) 1997, 56, 49 DLR (AD) (1997) 127 ..

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 ......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 ......88 passed by the Administrative Tribunal  Dhaka in Tribunal Case No. 90 of 1987 allowing the appellant’s application in part, directing the respondents to r the appellant’s period service as Upper Division Assistant from 29.9.70 for the purpose of counting his seniority in the p..

Category: Administrative Law | Date: | Hits: 140

State Vs. Jobaida Rashid, 1997, 26 CLC (AD)

....f Maj. Gen. (Retd.) KM Shafiullah, A (Retd.) AK Khandker, Maj. Gen. (Retd.) M. Khalilur Rahman and also the submissions made by the parties held that the respondent had succeeded in making out a very good case for bail and that mere naming her in the charge-sheet without any prima fade material cann......d a Rule in the Misc. case. 6. It appears that a counter-affidavit was on behalf of the State to which the respondent gave a reply. 7. The High Court Division after considering the materials on record against the respondent, namely, the FIR, charge-sheet, the alleged confessional statement and......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. ..

Category: Criminal Law | Date: | Hits: 115

Alimuddin and others Vs. State, 1997, 26 CLC (AD)

....o reason to interfere with the impugned order upon time-barred petition. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 118 ......o reason to interfere with the impugned order upon time-barred petition. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 118 ......o reason to interfere with the impugned order upon time-barred petition. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 118 ..

Category: Criminal Law | Date: | Hits: 74

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

Category: Property Law | Date: | Hits: 63

AKM Azizul Islam and another Vs. State, 1997, 26 CLC (AD)

.... Cr. P. C. Thus the impugned judgment does not call for any interference. The petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 115 ......Government Primary Schools. Treating the same as the First Information Report, Pangsha PS Case No. 7 dated 29-4-89 under sections 419/465/466/170 of the Penal Code was started, which was ultimately recorded as OR Case No. 22 of 1989 of the Court of Magistrate, Rajbari, Subsequently, the petitione...... Cr. P. C. Thus the impugned judgment does not call for any interference. The petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 115 ..

Category: Criminal Law | Date: | Hits: 87

Nesar Ahmed also known as Babul Vs. Government of Bangladesh, 1997, 27 CLC (AD)

.... more are set aside. The appellant be set at liberty forth with if not required in connection with any other case. Ed. This case is also reported in: 49 DLR (AD) (1997) 111 ......before the Tribunal or his release on bail, the accused person absconds or fails to appear before it, the procedure as laid down in sub-section (6) shall not apply and the Tribunal shall, after recording its decision so to do, try such person in his absence.”  10. But t...... more are set aside. The appellant be set at liberty forth with if not required in connection with any other case. Ed. This case is also reported in: 49 DLR (AD) (1997) 111 ..

Category: Criminal Law | Date: | Hits: 98

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. ......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. ......appellant, a Manager in the Audit Division of the Head Office, Agrani Bank, respondent No. 2 was departmentally proceeded against by a charge-sheet dated 8-11-77 following which he was dismissed from service on 16-2-79, an appeal from which order was also rejected by the Chairman. Board of Directors..

Category: Administrative Law | Date: | Hits: 131

Nurul Hussain Vs. Government of the Republic of Bangladesh, 1997, 26 CLC (AD)

....mitted to raise the same questions in different form. There is no occasion for review. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 108 ......mitted to raise the same questions in different form. There is no occasion for review. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 108 ......tion for review of the order passed on 25 August, 1994 dismissing CPLA. No. 111 of 1993 filed by the petitioner. 2. The petitioner was a District Co-operative Officer who was dismissed from service by order dated 16-11-1990 on the charge of misconduct following a departmental proceeding...

Category: Administrative Law | Date: | Hits: 112

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

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

Category: Criminal Law | Date: | Hits: 149

Nasima Begum Vs. Government of Bangladesh, 1997, 26 CLC (AD)

....enu’s background, as the High Court Division has rightly done, the other statements in the grounds of detention are nothing but general statements as to the character of the detenu which for good or for worse is neither possible nor feasible to contradict. Considered with the background th......ld in custody without lawful authority. Let the detenu be set at liberty forthwith if not wanted in any other connection. Ed. This case is also reported in: 49 DLR (AD) (1997) 102 ......ld in custody without lawful authority. Let the detenu be set at liberty forthwith if not wanted in any other connection. Ed. This case is also reported in: 49 DLR (AD) (1997) 102 ..

Category: Criminal Law | Date: | Hits: 99

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 ......ts, inter alia, that they became owners of the suit land by inheritance as well as by purchase from the transferees of the original owners, Hemanta Kumar, Ranginimoyee Dashya and Soudamoni Deshya, recorded in CS Khatian No. 390, Mouza Kazipur, PS Gangni, Meherpur; that during SA Operation the su......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 ..

Category: Property Law | Date: | Hits: 79

Chitta R Chakraborty being dead, his heirs Ashish C. & ors Vs. Md. A. Rob, 1997, 26 CLC (AD)

....ven fraud, a compromise of a case by guardian of a minor without permission of the Court, and an alienation of ancestral property by a holder of such property under custom. All these transactions are good and valid and they do affect rights, but a person has the option to have undone what the transa......sal of the judgments pronounced by the courts below it is clear to see that the appellate Court which was the final court of fact did not give its decision on the merit of the case on the evidence on record while sending back the case on remand. Therefore the High Court Division was also bereft of f...... 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 ..

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. ...... 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. ......the Memo dated 6-2-96, Annexure-L to the Writ petition, issued by respondent No. 6, Inspector of Schools, Board of Intermediate and Secondary Education, Dhaka, purporting to extend the petitioner’s service for two years as the Head master of Hammadia High School, situated within thana Kotwali, Dis..

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 ...... decision, how the High Court shall proceed. Section 103 of the Code lays down the procedure in such a case. This section fully empowers the High Court in a second appeal, if the evidence on the record is sufficient, to determine any issue or issues of fact necessary for the disposal of the a......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 ..

Category: Property Law | Date: | Hits: 60

Secretary, Ministry of Education, Govt. of the People’s Republic of Bangladesh & ors Vs. Md. Anwar Hossain & ors, 1996, 25 CLC (AD)

.... 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. ...... 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. ......e School so long as they are the teachers and/or employees of the same. Whether the school functions at Alampur or Khudbandi is immaterial unless it is abolished in accordance with law, because their services are attached with the institution, not with the place of its functioning. Withholding of le..

Category: Employment/Service Law | Date: | Hits: 95