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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 ......hat from 1977 to 1986 there was direct recruitment of 35 officers but the vacant posts of Appraisers were not filled up by promotion. The appellants were promoted as Appraisers in 1986. It is their case that they would be deemed to have been promoted to the posts of Appraisers in the years in wh......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 ..Category: Administrative Law | Date: | Hits: 160
Sirajul Islam Chowdhury and others Vs. Md. Jainal Abedin & ors., 1997, 26 CLC (AD)
....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 ......t. 10, the second notice Ext. 10(b) and Ext. 11, the copy of the C Sheet in Money Suit No. 48 of 1984 dated and held that “there were some reasonable basis for assessment of compensation in a case like rejected the appellant’s contention that there was basis for assessment of compens......I and Taylor vs. 0’ Connor, (1970) 1AI1ER 365. Salmond on Torts, 19th Edition (p.59); McGregor on Damages, 15th Edition, at p. 249; The Mediana (1900) AC 113 (116); Halsbury’ Laws of England (4th Edition); Salmond Torts at page 592 (19th Edition); Salmond Torts at page 593 (19th, Edit..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 ......uo;s house at Holding No. 10-A/9-8, Mirpur was enlisted in the “Ka” list of Abandoned Buildings vide notification in the Bangladesh Gazette Extraordinary dated 23rd September, 1986. His case is that, the disputed building originally belonged to one Md. Yahiya who had acquired it by wa...... 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 ...... facts relevant for disposal of this appeal are that, respondent No. 2 Jafar Ahmed filed a petition of complaint before the Chief Metropolitan Magistrate, Chittagong alleging that he purchased the case land in 1970 and had been possessing the same. He allowed his cousin Nurul Anwar to set up a S......s relevant for disposal of this appeal are that, respondent No. 2 Jafar Ahmed filed a petition of complaint before the Chief Metropolitan Magistrate, Chittagong alleging that he purchased the case land in 1970 and had been possessing the same. He allowed his cousin Nurul Anwar to set up a Soap F..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 ......rst floor of holding No. 3/13, Works Ministry Building No. 10/141 situated in the middle of Begum Bazar and Nazimuddin Road of Dhaka. 2. The petitioner, an accused of the aforesaid Sessions case, challenged the Notification in Writ Petition No. 2032 of 1997 mainly on two grounds, namely, ...... 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 ......say with respect, has been disposing of appeals (also other matters) in a manner to which objection is being raised not only by the losing side but sometimes also by the winning party. Facts of the case sometimes are not even carefully stated, arguments are but little noticed and often the case ......dicial notice. Then it provides: In all these cases and also on all matters of public history, literature, science or art, the coup may resort to appropriate books or documents of reference. In England living authors are not regarded as authorities for purpose of admissibility as he so be examin..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 ......learance certificate before she is allowed to leave the Port. Under section 24 the Port Authority has, however, been invested with the power of remission of tolls, dues, rates or charges in special cases. We find no provision in the Ordinance which empowers the court to exempt any vessel from pa......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 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 184
Safaruddin and others Vs. Fazlul Huq and others , 1997, 26 CLC (AD)
....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 ......d judgment which was disposed of by the impugned order. 5. Mr. SR Paul, learned Counsel for the petitioners, first argues that the High Court Division was wrong in disposing of the revision case on merit in the absence of the learned Advocate for the petitioners. He next argues that the s......cting an application for review of its judgment and order dated 13 November 1996 in Civil Revision No. 1993 of 1996. 2. The suit out of which the petition has arisen relates to 5.35 acres of land comprised within CS Khatian No. 34 of Mouza Khajahaji under PS Kapasia of the district of Gazi..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 ......roceeding would be an abuse of the process of the Court. 5. The same grounds were urged before us as before the High Court Division. The charge other materials indicate that there is a prima facie case of criminal offence against the petitioners and other Again there is nothing in law precluding ......ioners in collusion with the Bank officials got the entire sum released without deduction of 10% of the sanctioned amount which was in violation of one of the conditions Furthermore, the value of the land mortgaged for securing the Loan was over-stated to show the same as proper security. 3. Afte..Category: Anti-Corruption Laws | Date: | Hits: 75
....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.
......352,1355,1356 of 1993 respectively)
Judgment
ATM Afzal CJ.- Respondents in each of these petitions are Saw Mill owners in different villages of PS Haluaghat, District Mymensingh. It is their case that on obtaining permission from the Forest Department they were running the said Saw Mills. O......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 ......ut issuing any Rule and without hearing the petitioner granted all the relief that was prayed for the respondent. 3. Mr. MA Wahhab Miah, learned Advocate for the petitioner rightly cited the cases of Abdul Wahhab vs. Ali Ahmed, 44 DLR (AD) 55, Alt Ahmed Abdul Hafiz vs. MA Haque Siraji, 19......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 ......lso rejected. The petitioner thereafter preferred the Administrative Tribunal Case. 3. The Post Master General, C Circle, Dhaka, respondent No. 2 by filing a written objection contested the case by contending that the dismissal order was passed properly under Rule 25(2) (3) of the Governm......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 ..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 ...... We are therefore to examine if the claims made by the plaintiff has got any tangible basis or are merely conjectural. We may begin with a reference to the plaint which forms the foundation of the case. In para l6 of the plaint the plaintiff made out her claim in the following manner: ......result the compensation and mesne profits from the building portions will come to Taka 21, 60,000.00 from 2-3-77 to 2-3-1985. The compensation and mesne profits for the vacant portion of the suit land will come to Tab 42,00,000.00 @ Taka 2,00,000.00 per katta since the land has been trespassed..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 ......seniority, as also for some other reliefs. 3. The Ministry of Establishment, opposite party No 4 in the appellant’s petition, did not file any written statement and did not contest the case. A written statement was filed by opposite party No. 1 to the application namely the Commissio......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 ..Category: Administrative Law | Date: | Hits: 140
State Vs. Jobaida Rashid, 1997, 26 CLC (AD)
....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. ...... Khondker Abdur Rashid. who along with the respondent and many others is facing trial in the aforesaid Sessions Case which arose out of Dhanmondi PS Case No. 10(10) 96 (OR Case No. 2923 of 1996). The case started on an FIR filed on 2-10-96 by AFM Mohitul Islam, receptionist- cum-resident PA at the D......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 ......cused-persons were released upon stopping the trial on 12-11-1988 under section 339C of the Code of Criminal Procedure. On the same day the Public Prosecutor filed an application for revival of the case under section 339D and the case was revived by the learned Sessions Judge. 2. The accu......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 ......plaintiffs. Plaintiff requested to vacate the suit premises amicably but they did not vacate the suit premises. 3. The defendant-petitioners contested the suit by filing a written statement. Their case, in short, the suit was is that the suit premises originally belonged to one late Rahman Baksha...... 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 ......89 of the Court of Magistrate, Rajbari, Subsequently, the petitioners along with two others, namely Md. Abdus Sattar and Md. Zahidul Huq were arrested by the police in connection with the aforesaid case. On 16-10-91 the petitioners filed an application before the Magistrate for stopping investig...... 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 ......und that it was not maintainable, there being an alternative remedy of appeal under section 30 of the Special Powers Act, 1974 which the appellant did not avail of. 2. The appellant’s case in the writ petition was that on 19-9-91 one Tabarakullah, Chairman- in-Charge of No. 8, Sonap...... 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. ......rd of Directors of the Bank, respondent No.1 for arrear pay and other financial benefits where after he was informed on 7-9-89 that his prayer had been rejected by the Board. The appellant then filed case No. 27 of 1989 on 29-1-89 before the Administrative Tribunal. Dhaka, claiming as many as nine r......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. ..Category: Administrative Law | Date: | Hits: 131
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