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GM, Jamuna Oil Company Ltd. Vs. Chairman, Labour Court, 2001, 30 CLC (AD)
....ation. The petitioners are dismissed by this judgment. Ed. This Case is also Reported in: 53 DLR (AD) (2001)28. ......p;(3) Lawyers Involved: Shafique Ahmed, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on -Record — For the Petitioner (In both the cases). Abdul Momen Chowdhury, Advocate instructed by Aftab Hossain, Advocate-......ation. The petitioners are dismissed by this judgment. Ed. This Case is also Reported in: 53 DLR (AD) (2001)28. ..Category: Labour and Industrial Law | Date: | Hits: 128
Mohammad Ali Vs. ADC (Revenue), Dhaka & others, 2001, 30 CLC (AD)
....therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 27 ......therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 27 ......therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 27 ..Category: Property Law | Date: | Hits: 47
Government of Bangladesh Vs. Chairman, Court of Settlement and others, 2001, 30 CLC (AD)
....imitations. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 26. ......e judgment and order dated 7-1-1989 passed by the Court of Settlement in Case No. 176 of 1988 (Ka 7-Motijheel), Dhaka. 2. Respondent Nos. 2 to 5 filed the aforesaid case before the Court of Settlement for excluding holding No. 55, Motijheel Commercial Area, Dhaka......g No. 55, Motijheel Commercial Area, Dhaka from the ‘Ka’ list of abandoned buildings. Their case, in short, is that their mother, late Zarina Khatoon, obtained lease of the said plot of land from the Government on 20-5-1963 and thereafter she orally gifted the same to them with the p..Category: Property Law | Date: | Hits: 61
Miah Lutfi Hossain Kasru and others Vs. Bangladesh, 2001, 30 CLC (AD)
....o consideration. Both the petitions are dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 25. ......d that section 21(1) of the Ordinance is not mandatory but directory and that the variation of 10% of population are to be taken m consideration as far as practicable depending on facts of a given case and that there was no violation section 21 of the Ordinance. 7. Moudud Ahm......o consideration. Both the petitions are dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 25. ..Category: Election Law | Date: | Hits: 111
Board of Intermediate & Secondary Education Vs. Md. Mirajul Alam, 1995, 24 CLC (AD)
....dvanced by Mr. Majumder. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 41, 47 DLR (AD) (1995) 167 ......in Title Appeal No. 167 of 1994 affirming those dated 28.5.94 of the Senior Assistant Judge, Sadar, Rajshahi in Other Class Suit No. 42 of 1994 decreeing the suit. 2. It is the respondents case that he appeared in the Higher Secondary Certificate Examination of 1993 in Commerce Group und......dvanced by Mr. Majumder. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 41, 47 DLR (AD) (1995) 167 ..Category: Constitutional Law | Date: | Hits: 182
Haripada Ghose and another Vs. Gopal Chandra Ghose, 1995, 24 CLC (AD)
.... just and proper and calls for no interference. The appeal is accordingly dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 164 ......Case No.12 of 1990 rejecting the caveat (filed by the respondent) and further directing him to follow the provisions as laid down in section 288 of the Succession Act, 1925. 2. Facts of the case, briefly, are that one late Dayal Chose the alleged testator died unmarried on 27.6.1990. He w...... just and proper and calls for no interference. The appeal is accordingly dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 164 ..Category: Property Law | Date: | Hits: 67
....y comment.
The appeal is allowed with cost and the case is sent back to the High Court Division for disposal in accordance with law.
Ed.
This case is also reported in:47 DLR (AD) (1995) 162.
......eration of some material evidence then it was incumbent on the revisional court to consider the same and to arrive at a proper finding on the material evidence on record and to finally dispose of the case. . . The suit being an old case of 30 years the remand order ought not to have been made so lig......etting aside the concurrent judgments and decrees of the courts below.
2. The predecessor of the appellant as plaintiff instituted the Title Suit stating, inter alia, that she got the Schedule‑1 land from her husband Abdul Quddus Chowdhury in consideration of her dower money, by a registered ka..
Category: Property Law | Date: | Hits: 46
Mahmudul Islam Chowdhury Vs. Md. Sultanur Kabir Chowdhury and others, 1995, 24 CLC (AD)
....e matter we do not find any cogent reason to accept the submission of Mr. AR Yousuf. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 161 ......me direct evidence in the matter. Where direct evidence is not available or cannot even with due diligence be made available, reliance can be placed upon circumstantial evidence, but it is not the case of the petitioner that no direct evidence was available to prove his assertion. On the contrar......e matter we do not find any cogent reason to accept the submission of Mr. AR Yousuf. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 161 ..Category: Others | Date: | Hits: 119
Abu Taher Vs. Abdur Razzak and others, 1995, 24 CLC (AD)
....any illegality in upholding the judgment and order of the Election Appellate Tribunal. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 160 ......against the petitioner on the self‑same ground, namely, that he was a defaulter in the payment of the said loan on the date of submission of nomination paper and the petitioner contesting the case contended in his written objection that in repayment of the loan he deposited Taka 30,000.00 ......any illegality in upholding the judgment and order of the Election Appellate Tribunal. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 160 ..Category: Others | Date: | Hits: 101
Shaikh Mustainul Haque Vs. Inspector General of Police and others, 1995, 24 CLC (AD)
....y further order. No costs. The impugned judgment and order arc set aside and those of the Administrative Tribunal are restored. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 157. ......ction 7A of the Ordinance from the Appellate order. Thus the appellant cannot go to the Administrative Tribunal for relief till the government finally decides the matter under section 7A. And in this case the final decision was taken on 14-9-89 enabling the petitioner to bring the case with the Admi......y further order. No costs. The impugned judgment and order arc set aside and those of the Administrative Tribunal are restored. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 157. ..Category: Administrative Law | Date: | Hits: 111
Shahana Hossain Vs. AKM Asaduzzaman, 1995, 24 CLC (AD)
.... Division is set aside. The appellant is entitled to restitution in view of the disposal of the Miscellaneous Case by us. Ed. This case is also reported in: 47 DLR (AD) (1995) 155 ......ection 151 of the Code of Civil Procedure. The learned Subordinate Judge, 2nd Artha Rin Adalat vide judgment and order dated 10.3.93 in Miscellaneous Case No. 275 of 1992 dismissed the appellant's case for restitution and damages. Aggrieved by that order the appellant filed FMA No.95 of 1993 bef...... Division is set aside. The appellant is entitled to restitution in view of the disposal of the Miscellaneous Case by us. Ed. This case is also reported in: 47 DLR (AD) (1995) 155 ..Category: Property Law | Date: | Hits: 68
Superintending Engineer and others Vs. Kazi Asaduzzaman and others, 1995, 24 CLC (AD)
....sons the impugned judgment and order of the High Court Division cannot be sustained. The appeal is allowed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 152 ......und that no proceedings were instituted against him for unauthorised absence or on any other allegations. 3. The Government‑appellants in their written statement denied the plaintiffs case and stated that the plaintiff was removed from service on the charge of prolonged and continu......oin his duties several times but he did not care. The defence of the respondent is that he did not receive those letters. The trial Court has found that the illness of the respondent was unfounded land that he was carrying on business during the period of his so‑called illness. The appella..Category: Property Law | Date: | Hits: 124
Forkan alias Farhad and and another Vs. State, 1995, 24 CLC (AD)
....Penal Code against the appellants have been proved beyond the shadow of reasonable doubt. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 149. ......isonment for seven years and to pay a fine of Taka 100.00 in default to suffer rigorous imprisonment for one month more and both the sentences are directed to run concurrently. 2. The prosecution case, in short, is that deceased Abdul Rashid used to run grocery shops in different 'hats' and Baza......Penal Code against the appellants have been proved beyond the shadow of reasonable doubt. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 149. ..Category: Criminal Law | Date: | Hits: 49
Director (Est. & Admin.) T & T Board, Tele Com Building Vs. Hasan Ahmed & anr, 1995, 24 CLC (AD)
....jurisdiction in setting aside the findings of the Tribunal. 13. In the result, the appeal is allowed with costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 143 ......t. 1980 for a declaration that the order of the appellant dated 31.11.1988 compulsorily retiring him from service was illegal, malafide and invalid and that he was still in service. 3. The case of the respondent No. 1, in short, is that he had been in service in the Office of the Divisio......jurisdiction in setting aside the findings of the Tribunal. 13. In the result, the appeal is allowed with costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 143 ..Category: Administrative Law | Date: | Hits: 138
Abu Taleb Vs. Government of Bangladesh, 1995, 24 CLC (AD)
....by the appellant. In that view of the matter we do not find any ground for interference. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 138......irement) Act, 1974 (Act XII of 1974), briefly the Act. 2. The appellant was appointed as an Assistant Communication Engineer in the Civil Aviation Department on the 15th March, 1960 and it is his case that by dint of merit he was gradually promoted to the post of Director, Civil Aviation Authori......by the appellant. In that view of the matter we do not find any ground for interference. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 138..Category: Administrative Law | Date: | Hits: 175
Special Reference No. 1 of 1995, 24 CLC (AD)
.... Mohammad Ismailuddin Sarker J. - I am in complete agreement with the learned Chief Justice and I have nothing more to add. Ed. This Reference is also Reported in: 47 DLR (AD) (1995) 111. ......hi AIR 1945 FC 25; AIR 1992 SC 522, para 31 at page 558; (Hamilton Street Rly [1903] AC 529); [1898] AC 700 (711); AIR 1965 SC 745; M Ismail Faruqui Vs. Union of India(popularly known as Babri Masjid case) AIR 1995 SC 605; Baker Vs. Carr 1962, 369 US 186; "(Nixon vs. Herndon, 273 US 536 (1927) at 54......pt secret. Boycott Osborne's Concise Law Dictionary (Seventh Edition): Boycotting‑ A concerted refusal to have any dealings with another person; So called after Captain Boycott in Ireland. The Shorter Oxford English Dictionary (Third Edition) Boycott‑ To combine in refusi..Category: Constitutional Law | Date: | Hits: 248
Shameen Vs. Government of Bangladesh & others, 1995, 24 CLC (AD)
....l is allowed, but without any order as to costs. The detenu be released forthwith, if not wanted in connection with any other case. Ed. This case is also reported in: 47 DLR (AD) (1995) 109. ......94). Judgment M H Rahman CJ.- In Writ Petition No.1079 of 1994, appellant Md. Shameem unsuccessfully challenged the detention of his brother Md. Shaheen under the Special Powers Act, 1974. His case, in brief, is that on 9 June 1994 when his brother, a businessman, was returning home from Kazi......l is allowed, but without any order as to costs. The detenu be released forthwith, if not wanted in connection with any other case. Ed. This case is also reported in: 47 DLR (AD) (1995) 109. ..Category: Criminal Law | Date: | Hits: 75
Golam Rahman Vs. Hazera Khatun, 1995, 24 CLC (AD)
....r is set aside and the appeal is allowed without any order as to costs. The suit is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 211, 47 DLR (AD) (1995) 108 ......die suit land. The plaintiff took settlement from Eshaque Miah on 15th Aswin 1359 BS by Dhakhila and Amalnania and has been possessing the suit land through her husband and son. Plaintiffs further case is that defendant No. 12 disclosed that he had purchased the entire suit land from defendant N......itle Suit No. 912 of 1975 to the Assistant Judge, Chuadanga, for hearing of the suit afresh. 2. Plaintiff‑respondent instituted the aforesaid suit for declaration of title to the suit land and for other relief’s on the averments, inter alia, that the suit land originally belon..Category: Property Law | Date: | Hits: 47
Halid Hamidul Huq Vs. Nafisa Chowdhury & ors., 1995, 24 CLC (AD)
....ay be made before the Court where the tide suit is pending. The appeal is dismissed without any order as to cost. Ed. This case is also reported in: 47 DLR (AD) (1995) 104 ......r No. 2807 of 1993). Judgment: M H Rahman CJ: The appellant filed a miscellaneous case under section 74 of the Trusts Act, 1882, FMA No. 74 of 1992 before the Court of Additional Di......ay be made before the Court where the tide suit is pending. The appeal is dismissed without any order as to cost. Ed. This case is also reported in: 47 DLR (AD) (1995) 104 ..Category: Property Law | Date: | Hits: 76
Sadharan Bima Corporation Vs. Sanjib Kumar Das & another, 1995, 24 CLC (AD)
....nterpretation given by the High Court Division, we dismiss the appeal for the reasons above without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 97 ......nce the suit for a decree for Taka 37,23,320.91, with interest and compensation, filed on 2.1.92. 3. Pro‑forma defendant No. 2, Janata Bank, by filing a written statement supported the case of the plaintiff, but the appellant, defendant No.1 denied all the averments of the plaintiff ...... February 23rd, 1995 Cases Referred to- Roul Colinvaux in The Law of Insurance, 3rd Edition, 1970 at page 25; Black's Law Dictionary, 4th Edition, page 49; Halsbury's Laws of England, 3rd Edition, Vol. 1, at page 2; AN Ghose vs. Reliance Insurance Company, AIR 1934 (Rangoon) 1..Category: Business or Commercial Law | Date: | Hits: 114
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