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Bangladesh Vs. AM Mansur Ahmed & others, 1997, 26 CLC (AD)
.... without any order as to costs and the orders of the Administrative Tribunal and the Administrative Appellate Tribunal be set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 65. ...... without any order as to costs and the orders of the Administrative Tribunal and the Administrative Appellate Tribunal be set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 65. ...... The Government Servants (Discipline and Appeal) Rules, 1985, Rules 2(f), 3(b), 3(d) & 4(5) The penalty for corruption and misconduct calls for compulsory retirement or removal, dismissal from service under rule 4(5) and none else. The disciplinary authority with proper approval awarded him p..Category: Administrative Law | Date: | Hits: 145
Bangladesh Telegraph and Telephone Board Vs. Lithi Enterprises Limited, 1997, 26 CLC (AD)
....e appeal is not well founded and liable to be dismissed. In the result, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 63. ...... the said argument and the learned Counsel except repeating his submission before us could not make any dent in the solid findings made by the High Court Division upon appreciation of the evidence on record. Further, we find that the argument assailing the invocation of the arbitration clause was fu......e appeal is not well founded and liable to be dismissed. In the result, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 63. ..Category: Alternative Dispute Resolution | Date: | Hits: 234
Abdul Jalil and others Vs. Sharon Laily Begum Jalil, 1997, 26 CLC (AD)
....efore the Family Court (Assistant Judge, 2nd Court, Dhaka) on 30-7-1995, being Family Suit No.145 of 1995 praying for custody of the children. It was submitted that since the mother was not leading a good moral life she should not be allowed the custody of the minor children and her previous conduct......Court concerned, the British High Commission at Dhaka and the Ministry of Home Affairs (for attention of the immigration authorities). Ed. This Case is also Reported in: 50 DLR (AD)(1998) 55. ......Court concerned, the British High Commission at Dhaka and the Ministry of Home Affairs (for attention of the immigration authorities). Ed. This Case is also Reported in: 50 DLR (AD)(1998) 55. ..Category: Family Law | Date: | Hits: 250
Jahanara Begum Vs. Md. Aminul Islam Chowdhury and others, 1997, 26 CLC (AD)
....id provision of law. Consequently, the appeal is dismissed without any order as to costs and the suit is decreed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 52; 2 MLR (AD) 112. ......wer appellate Court which is the final court of fact as the same is immune from interference by the revisional court unless, of course, the same is perverse, based on non-consideration of evidence on record and misreading of evidence. 5. Leave was also granted to consider whether the High Court ......id provision of law. Consequently, the appeal is dismissed without any order as to costs and the suit is decreed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 52; 2 MLR (AD) 112. ..Category: Property Law | Date: | Hits: 86
Hasna Banu & others Vs. Keamat Ullah Malitha and others, 1997, 26 CLC (AD)
.... Court on the question of limitation and decreed the suit. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 50, 18 BLD (AD) 10. ......d kabala dated 17-10-66 is void, fraudulent, without any consideration and not binding upon the plaintiff. The plaint case is that her son defendant No. 2 on the strength of the kabala dated 17-10-66 recorded the suit land in the name of his wife, defendant No. 1, on the plea that his mother execute...... Court on the question of limitation and decreed the suit. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 50, 18 BLD (AD) 10. ..Category: Procedural Law | Date: | Hits: 154
Utpal Kanti Das Vs. Monju Rani Das, 1997, 26 CLC (AD)
....ance of any of the essential ceremonies, such as Saptapadi. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 47. ......nance of the plaintiff @ 500.00 per month. 6. A learned Single Judge of the High Court Division summarily rejected the revisional application of the defendant himself scrutinizing the evidence on record and observing that the Court being the final court of fact had appropriately reversed the jud......intiff and the defendant together swore an affidavit before a Magistrate First Class, Faridpur confirming the marriage. After the plaintiff and the defendant had lived as man and wife at the place of service of the defendant, they came to the house of the plaintiff’s father. The defendant demanded..Category: Family Law | Date: | Hits: 212
Bangladesh Vs. Shafiuddin and Others, 1997, 26 CLC (AD)
....l occupy the field until a law is made by Parliament. If the law made by Parliament and the regulations already made by the President can co-exist without being in conflict with one another, well and good, but if there is a conflict between the law made by the Parliament and the regulations made by ......uperior Selection Board was reconstituted by Notification dated 29-8-75 it was specified in paragraph 3 thereof that the Officers suitable for promotion should be recommended along with their service record and annual confidential report. That was the guideline for selection of Officers promotion as......arted from, was lopsided and was capable of being used arbitrarily and that 15% marks for interview under the circumstances would be safe marking system for protecting the neutral character of public service…………………….(66) The Constitution of Bangladesh, Articles 102 & 117 ..Category: Constitutional Law | Date: | Hits: 185
Dr. Waliar Rahman Vs. Bangladesh and others, 1997, 26 CLC (AD)
....ly prayer that the writ-petitioner can make now is to pray for an early hearing of the writ petition. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 26. ......ly prayer that the writ-petitioner can make now is to pray for an early hearing of the writ petition. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 26. ......ly prayer that the writ-petitioner can make now is to pray for an early hearing of the writ petition. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 26. ..Category: Others | Date: | Hits: 112
Samad Sikdar and others Vs. State, 1997, 26 CLC (AD)
.... Judges of the High Court Division in appeal, the same calls for no interference. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 24. ......have disbelieved the dying declaration of deceased Harem Sikder and acquitted the petitioners. 7. In the case, we find that there are two dying declarations made by deceased Hatem Sikder, one was recorded by PW 3 AKM Moniruzzaman Magistrate and another by PW 6 Abdul Jabbar Farazi and in both the...... Judges of the High Court Division in appeal, the same calls for no interference. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 24. ..Category: Procedural Law | Date: | Hits: 157
State Vs. Raihan Ali Khandker and others, 1997, 26 CLC (AD)
....orroborated opinion of handwriting and fingerprint expert. We do not find any ground for interfere. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 23. ......orroborated opinion of handwriting and fingerprint expert. We do not find any ground for interfere. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 23. ......orroborated opinion of handwriting and fingerprint expert. We do not find any ground for interfere. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 23. ..Category: Procedural Law | Date: | Hits: 120
Islam Steel Mills Ltd. Vs. Nirman International Ltd. and others, 1998, 27 CLC (AD)
.... trying to withdraw bills from the Bangladesh Bank to defraud the plaintiff and to frustrate the suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 21. ......ts of rule 5 Order 38 CPC were not satisfied. Mr. Huq submitted that the plaintiff made out a very clear case of attachment before judgment and the conduct of defendant No. 1 and the circumstances on record clearly showed that if the attachment order was not made, there would be nothing left for the......pugned judgment and order, as referred to above, were passed. Now this petition for leave to appeal from the same. 8. In allowing the appeal the High Court Division found that there was no valid service of show cause notice upon the defendant respondents as required under Order 5 rule 17 C.P.C...Category: Procedural Law | Date: | Hits: 134
Bangladesh Bar Council Vs. Khawja Abdul Gani and another, 1997, 26 CLC (AD)
....principal was recovered after six years after much persuasion; that respondent No. 1 also induced her to pay to respondent No. 1 Taka 2,00,000.00 for investment in his jute business promising to pay good profit but did not return the principal not to speak of profit; that respondent No. 1 also indu......ent case, although offence of this nature is not compoundable. Consequently, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 18. ...... a court peon came and served upon the complainant a summon; that the said court peon warned her to be careful about respondent No. 1, that after this respondent No. 1 came to her and upon hearing of service of summons by court peon demanded the same but the complainant refused at which respondent N..Category: Others | Date: | Hits: 105
Mansur Ali Sikder Vs. Kanailal Banaajee & others, 1997, 26 CLC (AD)
....committed any error of law leading to a failure of justice. No interference is therefore called for. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 14. ......ona fide or is an abuse of the process of the court, it will not be unlawful for the court to refuse such a prayer. In the instant case the learned Subordinate Judge was satisfied on the materials on record that the prayer of the petitioner for the witness to be summoned was not bona fide. In such c......committed any error of law leading to a failure of justice. No interference is therefore called for. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 14. ..Category: Property Law | Date: | Hits: 82
Moslemuddin (Md) and others Vs. Md. Jonab Ali and another, 1997, 26 CLC (AD)
....ng with the judgment of the appellate Court, which we uphold. This appeal is, accordingly, dismissed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 13; 17 BLD (AD) 328. ......ng with the judgment of the appellate Court, which we uphold. This appeal is, accordingly, dismissed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 13; 17 BLD (AD) 328. ......ng with the judgment of the appellate Court, which we uphold. This appeal is, accordingly, dismissed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 13; 17 BLD (AD) 328. ..Category: Property Law | Date: | Hits: 88
Al-Haj Abul Basher Vs. Bangladesh and others, 1997, 49 CLC (AD)
....same cannot be said to be arbitrary, unfair and illegal. For the reasons stated above, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 11, 1997 BLD (AD) 321. ......hese instructions do not create any legal right favour of the petitioners to ask for return of the land from the Government after the same has been validity requisitioned under the law. It is also on record CDA with the approval of the Government already completed the project of distributing plots t......same cannot be said to be arbitrary, unfair and illegal. For the reasons stated above, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 11, 1997 BLD (AD) 321. ..Category: Property Law | Date: | Hits: 81
Azizur Rahman alias Md. Azizur Rahman Vs. Bangladesh, 1997, 26 CLC (AD)
....beginning of this judgment to be in the positive, namely, that there is jurisdiction to interfere, the appeals arc dismissed. No costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 8. ......beginning of this judgment to be in the positive, namely, that there is jurisdiction to interfere, the appeals arc dismissed. No costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 8. ......beginning of this judgment to be in the positive, namely, that there is jurisdiction to interfere, the appeals arc dismissed. No costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 8. ..Category: Procedural Law | Date: | Hits: 138
Abdus Samad Akand and others Vs. Abdul Halim Miji and others, 1997, 26 CLC (AD)
....ell demarcated by boundaries, so as to be entitled to retain their possession against their co-sharers till legal partition by way of permanent injunction. In view of this factual position we find no good reason to interfere with the impugned judgment of the High Court Division. In the result, t......fere with the impugned judgment of the High Court Division. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 6. ......fere with the impugned judgment of the High Court Division. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 6. ..Category: Property Law | Date: | Hits: 83
Bangladesh Shilpakala Academy Vs. Shahidul Islam and another, 1997, 26 CLC (AD)
....as liable to be declared as such. This appeal must, therefore, fail. It is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 1. ......as liable to be declared as such. This appeal must, therefore, fail. It is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 1. ...... by the Director General, Bangladesh Shilpakala Academy under Memo No. বাশি এ/বিভাগীয় মামলা নং-৫/১৬৩৩ dated 25-1-90 dismissing the said respondent from service was passed without lawful authority and of no legal effect. 2. Material facts of the ca..Category: Employment/Service Law | Date: | Hits: 145
Giasuddin (Md) Vs. MV Forum Power and ors, 2001, 30 CLC (AD)
....s Act have no manner of application in case of supply of spare parts, machineries, provision and necessaries to a vessel in distress. There is no legal bar in the Customs Act to the supply of such goods and services to the ship in distress and anchored at any port in Bangladesh……&h......nt Nos. 1 to 5 Defendant-respondent Nos. 1 to 5 did not contest the claim of the plaintiff-appellant by filing any written statement denying the claim of the plaintiff- appellant. There is nothing on record to show that defendant Nos.1 to 5 instructed defendant No.6 to contest the suit denying the c...... no manner of application in case of supply of spare parts, machineries, provision and necessaries to a vessel in distress. There is no legal bar in the Customs Act to the supply of such goods and services to the ship in distress and anchored at any port in Bangladesh………&hel..Category: Admiralty Law or Maritime Law | Date: | Hits: 202
Nazem Uddin Vs. Election Tribunal & Others, 2001, 30 CLC (AD)
.... the same. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 17 ...... the same. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 17 ...... the same. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 17 ..Category: Election Law | Date: | Hits: 109
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