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Bangladesh Bridge Authority & another Vs. Mukul Kumar Biswas and others, 2009, 38 CLC (AD)
....r previous post and position and it is practically impossible to carry out the Judgment and order of the High Court Division. He lastly submits that the case involves important questions of law of public importance as to the interpretation regarding regularisation of Government servants appointe......rrived at a correct decision. We therefore find no reason to interfere with same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 86. ..Category: Labour and Industrial Law | Date: | Hits: 90
Mvi. Amzad Ali and others Vs. Shamsuddin alias Shamsuddoha and others, 2005, 34 CLC (AD)
....Advocate for the second party petitioner are valid grounds for review and accordingly, this criminal review petition is dismissed. Ed. This Case is also Reported in: II ADC (2005) 615. ...... is salt bed. The second party men who are dangerous and desperate in nature collected unauthorized arms and hired goondas to oust the first party from possession. Thus apprehending breach of peace and loss of lives the first party filed N. G. R. Case No. 132 of 1978. 3. The Sub-Divi..Category: Criminal Law | Date: | Hits: 34
BADC Vs. Abdur Razzaque, 1996, 25 CLC (AD)
....subsist unless it was set aside by a competent Civil Court. 3. The respondent thereupon filed the aforementioned writ petition under Article 102 (2) (a) of the Constitution of the Peoples Republic of Bangladesh for a declaration that the said Memo dated 18 May 1986 refusing to reinstate h...... In the result we allow the appeal and set aside the judgment and order of the High Court Division without any order as to cost. Ed This Case is also Reported in: II ADC (2005) 607. ..Category: Employment/Service Law | Date: | Hits: 97
Bangladesh Co-Operative Insurance Ltd & ors Vs. Md. Abdul Khaleque Khan & ors, 1997, 26 CLC (AD)
....performed by it and also because the appellant-society does not come within the definition of "person", contained in Clause (5) of Article 102 of the Constitution or as a "statutory public authority", as defined in Article 152 thereof. Dr. Hossain finally submits that wh......ason stated above we find little substance in this appeal. Accordingly it is dismissed without, however, any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 574. ..Category: Others | Date: | Hits: 224
Md. Jahangir Alam (Selim) Vs. Md. Hebjul Bari and others, 2004, 33 CLC (AD)
.... has tried to argue that the appellant having accepted the advance of Tk. 20,000/- on 13-05-2002 as Chairman of the Union Parishad and non utilization of money amounts to misappropriation of public money and as such the provision of Section 7 (2) (f) of the Ordinance is very much attracted......and order dated 13-04-2003 passed in Writ Petition No. 536 of 2003 are hereby set aside and the rule so issued is hereby recalled. Ed. This case is also Reported in: II ADC (2005) 514. ..Category: Election Law | Date: | Hits: 282
Serajul Huq and others Vs. Bangladesh, 2007, 36 CLC (AD)
....thereof be delivered to the appellants. 12. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 88; 14 MLR (AD) (2009) 191. ......pur, Dhaka, which he got under a lease deed dated 1.12.1961 for a period of 99 years on payment of full cost of Tk. 2700/- to the Government; while the said Md. Hanif and his wife and sons were in peaceful possession of the said house, Bangladesh was liberated on December 16, 1971 followed by so..Category: Property Law | Date: | Hits: 30
Hussain Muhammad Ershad Vs. Bangladesh and others, 2000, 29 CLC (AD)
....ur Rahman J. - This appeal by leave is directed against the judgment dated 14 June, 2000 rejecting the Writ Petition No. 3159 of 2000 summarily. 6. The appellant, an ex-President of the People's Republic of Bangladesh and an elected Member of the Parliament of the Jatiya Party ticket, filed the......are hereby directed to return the passport to the appellant immediately. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 371, 7 BLC (AD) 67, 2001 BLD (AD) 70...Category: Constitutional Law | Date: | Hits: 208
Mohammed Abdul Naim Vs. Chairman, Board of Directors, Sonali Bank, 1997, 26 CLC (AD)
....n the following reasoning's:- "Under Section 4(2) of the said Act the jurisdiction of the Administrative Tribunal can be invoked only by a person in the service of the Republic or in the service of a statutory public authority. In other words, his employer is a ......n the face of our decision and are also unable to take a differential view. The appeal is dismissed without any order as to cots. Ed. This Case is also Reported in: II ADC (2005) 369. ..Category: Administrative Law | Date: | Hits: 124
Begum Khodeza Akhter Vs. Hajera Khatun & ors., 1985, 14 CLC (AD)
.... 4½ decimals of land from plot No. 329 and thereby became co-sharers of Sarala Bala Pal. Area of land in Plot No. 332 was 7 decimals, but about one decimal of land was covered up by a public road. While going to take possession they found 9 decimals of land out of 6 decimals of Plot......limitation and other as to partial pre-emption, have been finally decided in favour of the Pre-emptors. No order as to costs. Ed This Case is also Reported in: 37 DLR (AD) (1985) 212. ..Category: Property Law | Date: | Hits: 35
Shafiullah and others Vs. Sultan Ahmed Mir, 1985, 14 CLC (AD)
....d that of the trial Court is restored. In view of the nature of the questions involved we do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 193. ......d that of the trial Court is restored. In view of the nature of the questions involved we do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 193. ..Category: Property Law | Date: | Hits: 55
Ali Jan Khan & others Vs. Bangladesh, 1984, 13 CLC (AD)
....nce, 1982 (Ordinance No. II of 1982), sections 5 & 44 Section 5 of the Ordinance provides that the decision of the Government shall be the conclusive evidence that the property is needed for a public purpose. Once a property has been acquired for a valid public purpose under section 44 of the...... that no contempt had been committed and the petition is therefore dismissed. The order of this court dated 31.10.84 is hereby vacated. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 161...Category: Property Law | Date: | Hits: 55
Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder and others, 1983, 12 CLC (AD)
.... others...................Respondents Judgment April 18, 1983. Result: The Appellate Division has the power to review its judgment acting suo motu. The Constitution of the People’s Republic of Bangladesh, 1972, Article 105 The Appellate Division of the Supreme Court of Bangladesh...... above variations in the judgment of this Court passed in the aforesaid appeals on July 13, 1982 the judgment will remain operative. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 145. ..Category: Constitutional Law | Date: | Hits: 149
Planters (Bangladesh) Ltd. Vs. Mahaluxmi Bank Ltd. (in liquidation) and others, 1984, 13 CLC (AD)
....foreclosure of mortgage on the total claim of Tk.6,40,000/-. Under the provisions of the Banking Companies Ordinance, 1962 the suit was transferred to the Dhaka High Court. Appellant, a public limited company, purchased the entire assets of the defendant company in 1959 and was, ......n three months, in default decretal amount will be paid with interest at the rate of 15% till realisation of the amount. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 129. ..Category: Business or Commercial Law | Date: | Hits: 139
Ummu Kawsar Salabil Vs. Shams Corporation (Pvt.) Ltd. and ors., 1984, 13 CLC (AD)
....ccordingly, the learned Subordinate Judge held that such an opportunity to carry on a business dishonestly is barred under section 23 of the Contract Act inasmuch as the same is opposed to the public policy particularly when the transaction is with the Government". He, therefore, found ......quo; Trial of the suit is to be concluded on or before 20th December, 1984. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 117. ..Category: Others | Date: | Hits: 84
Joynal Abedin and others Vs. State, 1985, 14 CLC (AD)
....eport lodged on 15 July 1970 at Gaibandha Police Station by the complainant Abul Hossain who however died before deposing in Court. It was alleged that Abul Hossain and his brothers wanted to use a public pathway leading to Gaibandha Town. This path however ran through the land of the accused Joy......e result the appeal is allowed in part only in respect of Abdul Wadud. The appeal is dismissed in respect of other appellants. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 113. ..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. KM Zaker Hossain and others, 2002, 31 CLC (AD)
....etition No. 41 of 1993 filed Writ Petition No. 2300 of 1990 challenging legality of listing of the holding No. NE (C)-2 Road No.71 Gulshan Model Town, Dhaka in the list of abandoned buildings and the publication of the list in the Bangladesh Gazette dated September 23, 1986 and also the judgment and...... and order of the High Court division dated August 31, 1977 in writ petition no. 41 of 1973 is set aside. The appellant shall get costs. Ed. This Case is also Reported in: I ADC (2004) 371...Category: Property Law | Date: | Hits: 40
Moudud Ahmed and others Vs. Md Anwar Hossain Khan (dead) and others, 2007, 36 CLC (AD)
.... Vs Md Anwar Hossain Khan (dead) and others……………...Respondents Judgment December 11, 2007. The Constitution of the People’s Republic of Bangladesh, 1972, Article 78 Participation or non-participation by a member of Par......e Constitution and they are performing their functions in connection with the affairs of the Republic and, as such, the petition is maintainable as against the respondent Nos. 3-5". ..Category: Constitutional Law | Date: | Hits: 147
M/s. House Building Finance Corporation Vs. Commissioner of Income Tax, Dhaka, 1984, 13 CLC (AD)
....truction of houses in cities and towns by granting loans on security by mortgaging land and the house to be constructed thereon. Accordingly, the appellant advanced loan to the members of the public on mortgage of properties and earned income from "Interest on Mortgage" along with......rofits and gains cannot properly be deduced there from, then the computation shall be made upon each basis and in such manner as the Income-tax Officer may determine." ..Category: Fiscal/Taxation Law | Date: | Hits: 102
State Vs. Abul Kashem, 1985, 14 CLC (AD)
....in question is whether the act and conduct of the accused persons, even if admitted, do constitute any offence, under section 79 of the Chittagong Metropolitan Police Ordinance, of disturbing public peace and order or of obstructing passers-by in the street. 2. Accused respondent Ab......stion is whether the act and conduct of the accused persons, even if admitted, do constitute any offence, under section 79 of the Chittagong Metropolitan Police Ordinance, of disturbing public peace and order or of obstructing passers-by in the street. 2. Accused respondent Abul Kash..Category: Criminal Law | Date: | Hits: 39
Hazer Ali Mandal and others Vs. State, 1984, 13 CLC (AD)
....Ali Mondal under section 302 of the Penal Code, and the sentence of transportation for life passed thereunder is confirmed. Ed. This Case is also Reported in: 37 DLR (AD) 87. ......oyed and his entire family members would be eliminated. P.W.8 Md. Ebad Ali Biswas also stated in his evidence that few days before the occurrence Hazer told him that he would find peace if he could murder Dud Mallick. 8. The learned trial Court held that the aforesaid evi..Category: Criminal Law | Date: | Hits: 52
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