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Abdul Mannan Vs. Bangladesh and others, 2003, 32 CLC (AD).

....ile disposing of the petitions for leave to appeal. These petitioners are accordingly dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 143. ......istry of Local Government and Co‑operatives was arbitrary and that it was prepared at the instance of some interested quarters. 2. The High Court Division on perusal of materials on record found that the population census of 1991 showed 3% increase of population per year and the qu......ile disposing of the petitions for leave to appeal. These petitioners are accordingly dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 143. ..

Category: Election Law | Date: 22 Jan, 2002 | Hits: 109

Mia Lutfi Hossain Khasru and others Vs. Bangladesh and others, 2003, 32 CLC (AD).

....posing of the petitions for leave to appeal. These petitions are accordingly, dismissed. Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 58.  ...... the Ministry of Local Government and Co-operative was arbitrary and that it was prepared at the instance of some interested quarters. 2. The High Court Division on perusal of materials on record found that the population Census of 1991 showed 3% increase of population per year and the q......posing of the petitions for leave to appeal. These petitions are accordingly, dismissed. Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 58.  ..

Category: Procedural Law | Date: 22 Jan, 2002 | Hits: 122

Monsur Ali (Md) and others Vs. State, 2001, 30 CLC (AD)

....onment. In view of afore state of the matter we find no substance in this petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in:  55 DLR (AD) (2003) 131.  ......onment. In view of afore state of the matter we find no substance in this petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in:  55 DLR (AD) (2003) 131.  ......onment. In view of afore state of the matter we find no substance in this petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in:  55 DLR (AD) (2003) 131.  ..

Category: Criminal Law | Date: 12 Dec, 2001 | Hits: 123

Moni Begum @ Moni Vs. The State, Represented by the Deputy Commissioner, 2001, 30 CLC (HCD)

....gistrate Dhaka in Complaint case No.1807 of 1999 and complaint case No.2261 of 2000 in the absence of the High Police Officer and Police representative. Ed. This case is also Reported in: ......ions of complaints against some Police persons charged for indictable offence ordered for Judicial Inquiry in the presence of High Police Officer and Police representative and the vires of the orders recorded by Metropolitan Magistrate. Dhaka for holding Judicial Inquiry in presence of High Police O......ued against him or not. 24. Police Regulations Bengal, 1943 are Regulations for Police in Bengal now Bangladesh. Police Regulations are attracted only for Police personnel’s and for Police service. Provisions of statutory Regulations governing Police discipline are embodied in Police Regu..

Category: Constitutional Law, Procedural Law | Date: 11 Dec, 2001 | Hits: 7

KM Obaidur Rahman Vs. State, 2003, 32 CLC (AD).

....ithout any excuse and in case of his failure the trial Court will be at liberty to cancel the bail and take the appellant into custody and proceed with the case in accordance with law. Ed. ......ahbubuddin Ahmed, learned Counsel appearing on behalf of the petitioner, submits that the case is pending before the learned Metropolitan Sessions Judge for about 930 days from the date of receipt of record by that court and out of 75 witnesses only six witnesses have so far been examined. The learn......ithout any excuse and in case of his failure the trial Court will be at liberty to cancel the bail and take the appellant into custody and proceed with the case in accordance with law. Ed. ..

Category: Criminal Law | Date: 1 Dec, 2001 | Hits: 83

Mahbubur Rahman and others Vs. Agrani Bank and another, 2003, 32 CLC (AD).

....ity in the impugned order.   The petition is accordingly dismissed.   Ed. Same Case Cited in:  55 DLR (AD) (2003) 61.  ......ity in the impugned order.   The petition is accordingly dismissed.   Ed. Same Case Cited in:  55 DLR (AD) (2003) 61.  ......ity in the impugned order.   The petition is accordingly dismissed.   Ed. Same Case Cited in:  55 DLR (AD) (2003) 61.  ..

Category: Procedural Law | Date: 19 Nov, 2001 | Hits: 101

Shankar Lal Das Vs. Janata Bank and others, 2001, 30 CLC (HCD)

.... of trucks. 10. The application was heard on 11-8-94. Hearing the parties, the executing Court was of the view that the petitioner failed to prove that the trucks were handed over to the Bank in good and running condition and the Bank was allowed to run and earn income out of the trucks and als......on of the trucks. 14. In a mortgage suit, it may be noted, such final decree could only be passed after the accounts taken and for a specified balance, if any due. In spite of such final decree, record shows that a preliminary decree was drawn and signed on 26-9-82. In preliminary decree the ab......he judgment debtor, the execution will only proceed to recover the amount in accordance with law. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 371. ..

Category: Banking Law | Date: 18 Nov, 2001 | Hits: 146

Bangladesh Legal Aid and Services Trust and another Vs. Bangladesh and others, 2001, 30 CLC (HCD)

....em to discuss on “The Children Act, 1974” with judicial officials working under their respective judgeship. Ed. This Case is also Reported in: 22 BLD (HCD) 2002, 206; 7 BLC (2002) HCD, 85. ......referred above, in the case of Shiplu and another Vs. State reported in 49 DLR (HCD) 55 a Division Bench of this Court held that: “Having considered this question in the light of the evidence on record, we hold that the trial Court failed to apply its judicial mind as to the age of appellant Sh......em to discuss on “The Children Act, 1974” with judicial officials working under their respective judgeship. Ed. This Case is also Reported in: 22 BLD (HCD) 2002, 206; 7 BLC (2002) HCD, 85. ..

Category: Women and Children | Date: 6 Nov, 2001 | Hits: 75

Hussain Mohammad Ershad Vs. Zahedul Islam Khan and others, 2001, 30 CLC (AD)

....to interfere with the same. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed.  This Case is also Reported in:  54 DLR (AD) (2002) 1. ......ehind the screen and the writ petitioners are not aggrieved persons and their fundamental right has not been infringed in any way. 5. The High Court Division on consideration of the materials on record and on materials on record and on learning the learned advocates of both the sides made the R......to interfere with the same. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed.  This Case is also Reported in:  54 DLR (AD) (2002) 1. ..

Category: Anti-Corruption Laws | Date: 22 Aug, 2001 | Hits: 111

Islami Bank Bangladesh Ltd. Vs. Md. Habib & ors., 2003, 32 CLC (AD).

....ties of Taka 12,61,00,000 by the appellant Bank and with the said loan he imported Dano Full Cream Powder Milk. Respondent No. 1 stood guarantor for the loan. The cartons containing the said imported goods were kept in the godown owned by another accused Mohammad Islam. There was a tripartite agreem......here is clear allegation that the accused persons in collusion with each other misappropriated the goods"  7. We have heard the learned Advocates for both the parties and we need not record their submissions in the judgment as the issue before us is a very simple one. It is found fr......ment and order as aforesaid are set aside. The aforesaid criminal proceedings shall continue against all the accused including the respondent Nos. 1 and 2 in accordance with law.  Ed. ..

Category: Criminal Law | Date: 22 Aug, 2001 | Hits: 95

Chief Engineer, C & B and another Vs. Shah Hingul Mazar Sharif and others, 2001, 30 CLC (AD)

.... the respective parties would remain open to be decided in an appropriate forum. With this observation this petition is disposed of. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 73. ......that the Khadem is residing with the members of his family in the structure within Mazar premises and the shops are let out to different tenants. Their case is that CS and SA Khatian has been wrongly recorded in the name of the Government but the plaintiff is in possession of the suit property and t...... the respective parties would remain open to be decided in an appropriate forum. With this observation this petition is disposed of. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 73. ..

Category: Trust/Waqf Law | Date: 9 Aug, 2001 | Hits: 211

Dudu Mia and others Vs. Ekram Miah Chowdhury and others, 2002, 31 CLC (AD)

....r Class Suit No. 1969 are restored. There is no order as to costs.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 7.  ......isfactory and also unsustainable in that the High Court Division has reversed the finding of the trial Court as regard possession of the parties of the land in suit without discussing the evidence on record at all, but merely on assumption and hypothesis premised contrary to the materials on record....... the facts of the case it has been observed; “At best, the relief claimed ‘might be stretched to a declaration of legal character. Since the terms and conditions of the respondent’s service were not regulated by any legal instrument, it could not be said that the declaration asked ..

Category: Civil Law | Date: 5 Aug, 2001 | Hits: 136

Suhel Ahmed Chowdhury Vs. Salahuddin Ayubi and others, 2002, 31 CLC (AD)

....y set aside and he is exonerated from all the liabilities with honour and dignity.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 82.  ......first notice of contempt was served by the contempt petitioner. The appellant joined as Secretary, Ministry of Works on 20-7-1999 and second notice was served on 30-11-1999. So, from the materials on record it appears that when the Rule was made absolute on 9-6-1999 the appellant was not the Secreta......ere was a direction from the vested property authority to contemner No. 3 to the premises by 5-7-2000. It appears from the judgment that the High Court Division found that there was no dispute on the service of notice dated 18-7-1999 but on 18-7-1999 this appellant was not the Secretary and there is..

Category: Criminal Law | Date: 30 Jul, 2001 | Hits: 95

Mobarak Ali Vs. BD House Building Fin. Corpn. & anr. 2003, 32 CLC (AD).

....on of principle natural justice has no merit.  In view of the discussion made hereinbefore find no substance in this petition. Accordingly, the petition is dismissed.  Ed. ...... time and thereupon disciplinary proceeding was started and the notices informing him about the initiation of the proceeding and charge sheet was sent to him at the addresses available in his service record since no other address was notified by him and that he having not appeared inquiry was comple......ed 17th October, 1992 of the Administrative Tribunal in Administrative Tribunal Case No. 76 of 1989 setting aside the order compulsorily retiring the petitioner.  2. Petitioner joined the service of the House Building Finance Corporation, hereinafter in short of the Corporation, in 1967 ..

Category: Administrative Law | Date: 24 Jul, 2001 | Hits: 111

Reazuddin (Md.) and another Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)

....ration must be published. Ed. This Case is also Reported in: 57 DLR (2005) 698.                   ......ers herein used the registration number of somebody else without doing the registration for themselves. 36. The learned Advocate for the respondents next submits that since it appears from their record that registration stands in the name of others the results of the petitioners were withheld a......ration must be published. Ed. This Case is also Reported in: 57 DLR (2005) 698.                   ..

Category: Constitutional Law | Date: 19 Jul, 2001 | Hits: 2

Sahera Khatun and others Vs. Abdul Gaffar @ Abdul Gaffar and others, 2003, 32 CLC (AD).

....sp; The appeal is accordingly, dismissed without costs.   Ed.   Same Case Cited in:  55 DLR (AD) (2003) 79.  ......sp; The appeal is accordingly, dismissed without costs.   Ed.   Same Case Cited in:  55 DLR (AD) (2003) 79.  ......sp; The appeal is accordingly, dismissed without costs.   Ed.   Same Case Cited in:  55 DLR (AD) (2003) 79.  ..

Category: Procedural Law | Date: 8 Jul, 2001 | Hits: 91

BD Water Dev. Board & ors Vs. Chairman, Divisional Labour Court, Khulna & ors, 2003, 32 CLC (AD)

....sation of the benefits consequent upon retirement of the deceased worker, the predecessor of the respondent Nos. 2(a) to 2(e).  The petition is accordingly, dismissed. Ed. ......sation of the benefits consequent upon retirement of the deceased worker, the predecessor of the respondent Nos. 2(a) to 2(e).  The petition is accordingly, dismissed. Ed. ......complaint case No. 92 of 1994 on 2‑7­-1993 under section 25(1) (b) of the Employment of Labour (Standing Order) Act, 1965 for payment of all benefits like pension, gratuity and all other service benefits since date of appointment upon his retirement from service on 15‑5‑199..

Category: Employment/Service Law | Date: 4 Jul, 2001 | Hits: 78

Sirajul Hoque and other Vs. BIWTA rep. by its Chairman and others, 2002, 31 CLC (AD)

....ed timetable to be illegal and without any lawful authority. The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 30. ......ed timetable to be illegal and without any lawful authority. The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 30. ......the appellants are that for about 20 years the appellants have been plying their registered Vessels. MV Nagorik and MV Sureswar on every alternate day on Dhaka Vojeswar Angaria Route and their down service No.2 reach WAPDA Ghat at 8-00 hours and due to recession of navigation in the river the sa..

Category: Admiralty Law or Maritime Law | Date: 3 Jul, 2001 | Hits: 173

Privatisation Board Vs. AK Fazlul Huq & ors., 2003, 32 CLC (AD).

....ment is otherwise legally sustainable, hence on modification of that part of judgment and order of the High Court Division by way of deleting the same the petition is dismissed.  Ed. ...... down on 1st July, 1999 as per general practice of Privatisation Board for smooth handover of the enterprise to the buyer.  4. The High Court Division on consideration of the materials on record made the Rule absolute with the direction as stated therein above.  5. Mr. Tafail......ment is otherwise legally sustainable, hence on modification of that part of judgment and order of the High Court Division by way of deleting the same the petition is dismissed.  Ed. ..

Category: Business or Commercial Law | Date: 24 Jun, 2001 | Hits: 135

Mohashin Ali Pramanik Vs. State, 2001, 30 CLC (HCD)

....to accused petitioner is restored. The accused petitioner be released on bail on the same bail bond furnished by him on 3‑5‑2000. Ed. This Case is also Reported in: 55 DLR (2003) 259. ......p;.Opposite Party Judgment June 3, 2001. Result: Converted Criminal Revision Petition (case) is allowed. Rule issued on 5‑11‑2000 is made absolute. The order dated 21-6-2000 recorded by learned Session Judge Rajshahi in Criminal Miscellaneous case No-180 of 2000 cancelling ......2000 and 6‑5‑2000 as alleged by prosecution and holding of public meeting might be termed as threat to prosecution witnesses and petitioner misused privilege of bail. 8. Grounds pressed into service and contentions raised from the side of accused petitioner are catalogued hereunder: (i..

Category: Criminal Law | Date: 3 Jun, 2001 | Hits: 46