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Khandaker G. Najib Vs. Chair., Board of Directors, Agrani Bank, HO, Dhk & ors, 1997, 26 CLC (AD)
....ourt there was no direction to the respondent-Bank to confer on the appellant’s promotion and other service benefits now being asked for by the appellant after his re-instatement. 9. This is the root cause of refusal of the appellant’s representation and therefore the moot point is, whether t......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..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 ...... 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. Facts of the case have been set out in the order which is the subject matter of the present review. The petition..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 ......n 16-1-88 the Investigating Officer recovered 69 spurious Ranidin tablets from Asia Medical Hall of which the petitioner is the proprietor. The Chief Metropolitan Magistrate, Dhaka transferred the case to the Court of the Senior Special Tribunal and Sessions Judge, Dhaka where it was numbered as..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. ......t the accused-petitioners in the Court of Magistrate, 1st Class, Sadar, South and Narayanganj. The petitioners filed an application under section 561A Cr.P.C. for quashing the proceedings of the said case which was rejected summarily by a Division Bench of the High Court Division by judgment and ord..Category: Criminal Law | Date: | Hits: 149
Nasima Begum Vs. Government of Bangladesh, 1997, 26 CLC (AD)
....ing leave to the appellant. In such circumstances the first point urged by Mr. Md. Joynal Abedin, learned Counsel for the appellant, is that the allegations of fact which strike at the very root of the continued orders of detention having not been refuted by the respondents by filing any ......tended for another 6 months with effect from 3-9-95 by an order dated 9-7-95. 3. The grounds on which the writ petition was pressed before the High Court Division are that, several criminal cases filed against the detenu and mentioned in the grounds of detention are false and that the det..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 ......spiracy of the defendants to dispossess them from the suit land they instituted a proceeding under section 144 of the Code of Criminal Procedure and Ultimately the Upazila Magistrate dismissed that case on 10-6-85 with the observation that the dispute should be resolved between the parties in the..Category: Property Law | Date: | Hits: 79
Chitta R Chakraborty being dead, his heirs Ashish C. & ors Vs. Md. A. Rob, 1997, 26 CLC (AD)
.... 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 ......ame for Taka 20,000.00. It was agreed between the parties that the plaintiffs would execute the kabala but the defendant would pay the entire consideration after completion of the pending requisition case in respect of the property and till then the defendant would pay rent at the rate of Tab 40.00 ..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. ...... (the present petitioner) as to the extension of his service stating therein that although extension of the service of a teacher is the subject matter of the Managing Committee but due to pendency of cases in the higher Court as regards formation of the Managing Committee a Government decision is ne..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 ......r reconveyance relating to two pieces of land described in schedules I and II to the plaint. The suit was filed on 12 February 1962 and registered as Title Suit No. 63 of 1962. 2. Plaintiffs case in a nutshell is that, he transferred the schedule I land comprising 1.44 acre to the defendan..Category: Property Law | Date: | Hits: 60
.... 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.
...... under the Board of Intermediate and Secondary Education, Rajshahi. Respondent Nos. 1-9 as teachers and respondent Nos. 10-11 as daphtaries of the said school moved the aforesaid writ petition. Their case is that the school was completely damaged in 1980 due to flood. It was then shifted to village ..
Category: Employment/Service Law | Date: | Hits: 95
Ezaher Meah & others Vs. Shaher Banu and others, 1997, 26 CLC (AD)
.... legal position we find no substance in the contention of the petitioners. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 85 ......rs, AIR 1931 Cal. 67 = 34 CWN 698. A Division Bench of the said court answered it in the following manner- “It would appear that the procedure adopted in passing decrees in such cases is not uniform but it is proper that the English procedure supported by the Specific Relief ..Category: Property Law | Date: | Hits: 73
Bangladesh House Building Finance Corpn. Vs. Jahan Ara Akhtar & others , 1997, 26 CLC (AD)
....d calls for no interference. The appeal is accordingly dismissed without any order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 293, 49 DLR (AD) (1997) 80 ......rporation from judgment and order dated 5 January, 1995 passed by a Division Bench of the High Court Division in Civil Revision No. 1419 of 1993 making the Rule absolute. Facts of the case, briefly, are that the appellant-Corporation filed five applications before learned District ..Category: Business or Commercial Law | Date: | Hits: 117
Khairunnessa being dead, her heirs F. Alam & ors Vs. Zobaida Nahar @ Zharna & ors, 1997, 26 CLC (AD)
....t be restored. The defendant may take back the amount if already deposited in the trial Court. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 430, 49 DLR (AD) (1997) 77 ...... her claim. The defendant did not examine any witness nor did she produce any evidence besides cross-examining PW 1. 5. The trial Court, on consideration of the facts and circumstance of the case and the evidence on record came to the conclusion that the right, tide and interest in the su..Category: Property Law | Date: | Hits: 82
Rupe Jahan Begum and others Vs. Lutfe Ali Chowdhury and others, 1997, 26 CLC (AD)
.... result, this appeal is allowed with costs and the impugned judgment and order of the High Court Division stand set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 73 ......n exercise of its powers under section 115 of the Code of Civil Procedure, acted beyond its jurisdiction, in setting aside the concurrent findings of the first two courts below and sending back the case on remand. 3. The facts are brief. One Ali Akbar Chowdhury instituted Other Suit No. 10..Category: Procedural Law | Date: | Hits: 140
Abdus Salam Sheikh and others Vs. Puspa Rani Shil and others, 1997, 26 CLC (AD)
....h Court Division in its judgment impugned before us. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 436, 49 DLR (AD) (1997) 71 ......gistrate or, after the expiry of the period of such mortgage, to any officer authorised in this behalf by the Government, for such redemption or restoration and, on such application and, in the case of redemption also on payment by the applicant of the amount due to the mortgage under the sa..Category: Property Law | Date: | Hits: 72
Rezaul Karim and others Vs. Shamsuzzoha and others, 1997, 26 CLC (AD)
....not be sustained. The appeal is allowed with costs. The impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 68 ......ourts below “committed a serious error of law in dismissing the suit”, as found, the High Court Division could itself pass a decree for partition as prayed for by the plaintiffs. In any case the concurrent findings of the courts below were not set aside at all. 8. Md. Aftab Ho..Category: Property Law | Date: | Hits: 77
Mohsin Mia Vs. Bangladesh, 1997, 26 CLC (AD)
....foresaid principles and not on any legal right before any order of restraint is passed. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 66 ......No. 5. 4. Rule Nisi was issued but the prayer for injunction was rejected. 5. Syed Ishtiaq Ahmed, learned Counsel for the petitioner, submits that the petitioner having a prima facie case for issuance of Rule Nisi and the High Court Division having, in fact, issued the Rule it was ..Category: Constitutional Law | Date: | Hits: 149
Reazuddin Ahmed (Md) Vs. State and another, 1996, 25 CLC (AD)
....on as well as the order of conviction and sentence passed against the appellant under section 406 of the Penal Code. Ed. This Case is also reported in: 49 DLR (AD) (1997) 64; 1997 BLD (AD) 123. ......cted the revisional application. 3. Leave was granted to consider the following points: (i) the rule of practice relating to 60 days limitation for filing revisional application in criminal case not being an inflexible rule, whether the learned Single Judge of the High Court Division was j..Category: Criminal Law | Date: | Hits: 78
Abdul Jalil Miah (Md) Vs. Niropama Ritchil and ors., 1997, 26 CLC (AD)
....sion, although on different reasonings. In the result the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 426, 49 DLR (AD) (1997) 61 ......ional Court, Mymensingh in Other Class Suit No. 270 of 1979 and thereby dismissing the said suit. 2. The plaintiff brought the suit for declaration of his title to the suit land. His case, as disclosed in the plaint, is that defendant No. 1 Hemanta Kumar Arang being the owner in p..Category: Property Law | Date: | Hits: 72
Resima Sultana Vs. Khaez Ahmed Mojumder, 1997, 26 CLC (AD)
.... The contentions raised by the appellant fail and accordingly the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 57 ......istrict Judge, Comilla against the aforesaid judgment and decree but the appeal was dismissed by judgment and decree dated 17-4-1990. 4. On 19-10-89 the appellant filed family decree execution case No. 7 of 1989 under section 16 (3) (b) of the Ordinance. The respondent filed an application u..Category: Family Law | Date: | Hits: 144
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