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Kamrul Hasan Vs. Bangladesh and others, 1997, 26 CLC (AD)
....having already been decided by this Division, the petition does not merit consideration and accordingly, it is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 44 ......n 7(1) thereof so far exercising its authorities under the Code of Civil Procedure only in respect of the matters expressly provided therein. 5. It has been held by this Division in a number of cases that Administrative Tribunal has, no doubt, all the trappings of a court but it is ..Category: Administrative Law | Date: | Hits: 149
Mofizul Huq Vs. Mofizur Rahman and others, 1997, 26 CLC (AD)
....s) Ordinance), 1983, briefly, the Ordinance and that the appellant being a full time teacher disqualified from being a Chairman of Union Parishad thereunder. 2. Respondent No. 1 who is a voter in the concerned Union filed Writ Petition No. 21 of 1995 calling upon the respondents includ......cost and the impugned judgment and order; are set aside. Ed. This case is also reported in: 48 DLR (AD) (1996) 121, 49 DLR (AD) (1997) 38 ..Category: Others | Date: | Hits: 85
Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)
....ellant should be given locus standi to maintain the writ petition on their behalf. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 1, 17 BLD (AD) 1997, 1; 1 BLC (AD) (1996) 189. ......a collective and consolidated personality will be a stand taken against the Constitution. Insofar as it concerns public wrong or public injury or invasion of fundamental rights of an indeterminate number of people, any member of the public, being a citizen, suffering the common injury or common i..Category: Constitutional Law | Date: | Hits: 450
Siddiqur Rahman (Md) and others Vs. Profulla Bala Devi & others, 1998, 27 CLC (AD)
....porating the appellants’ name thereof plaintiffs in place of the deceased sole Munshi Abdul Khair Faraji. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 213. ......laintiff-petitioner. On being allowed, they prosecuted the Miscellaneous Case, which was allowed on contest on 27-6-85 and thereby the original suit, TS No. 6 of 1984, was restored to its file and number. They also prosecuted the ‘suit, which was ultimately decreed on contest on 27-12-87, ..Category: Property Law | Date: | Hits: 88
Government of Bangladesh and another Vs. Mashiur Rahman and others, 1998, 27 CLC (AD)
....udge, 1st Court. Dhaka is allowed and Title Suit No.142 of 1986 is restored to its original file and number. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 205. ......ing of the Suit ex parte was not placed before the Judge concerned before hearing of the suit ex parte and even the said application is missing from the case record and that a manipulation in suit number in the daily cause list has been noted by the trial Court whereby TS No.142 of 1986 was show..Category: Property Law | Date: | Hits: 76
Bangladesh Vs. Mahbubuddin Ahmed, 1998, 27 CLC (AD)
....against him at any time. For the reasons, however, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 154. ......ension passed against a Government servant takes effect when it is made or when it is actually served on and received by him. In that case, the order was upheld but it was observed upon noticing a number of decisions that “in all the decisions cited before us it was the communication of th..Category: Administrative Law | Date: | Hits: 125
Akhtar Masood Vs. Mrs. Bilkis Jahan Ferdous, 1998, 27 CLC (AD)
.... access to his son during pendency of the suit. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 145. ......itioner’s prayer for visitation was refused by the High Court Division on the ground that in view of the strained relation between husband and wife and pending litigation between them over a number of matters the prayer of the petitioner if allowed will lead to complications and the petiti..Category: Family Law | Date: | Hits: 156
Ali Akbar (Md) Vs. Government of Bangladesh and others, 1996, 25 CLC (AD)
....ioner was not entitled to retain its possession. The petition is therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 143; 1 MLR (AD) 1996, 379. ......on in the official Gazette under sub-section (2) of section 43. The Notification referred to hereinbefore is a notification under sub-section (2) of said Section 43.This notification relates to a number of villages including Jarulia in which the disputed Bazar situates. Sub-section (2) of se..Category: Property Law | Date: | Hits: 90
Showkat Hossain Akanda Chowdhury Vs. State, 1997, 26 CLC (AD)
....The order of conviction is therefore set aside. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 128. ......ound by the High Court Division which, we find, is clearly not sufficient to sustain the conviction. Now that the petitioner has been discharged, we do not like to prolong the matter and add to the number of pending cases by granting leave to appeal in a case where the conviction is found to be ..Category: Criminal Law | Date: | Hits: 92
Altaf Hossain Vs. State, 1997, 26 CLC (AD)
....nd order are set aside. Let the appellant be released forthwith if not wanted in any other case. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 120. ......ase”. It seems that the High Court Division was inclined to accept the defence version or at least was opposed to the prosecution case. 10. The prosecution not having examined a large number of persons whose statements were recorded under section 161 Cr.P.C. and PW 1 in his evidence..Category: Criminal Law | Date: | Hits: 104
Chalna Marine Products Ltd. Vs. Reliance Insurance Ltd. and others, 1997, 28 CLC (AD)
....e judgment and decree of the trial Court is restored. Civil Petition for Leave to Appeal No.236 of 1997 is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 100. ...... Section 47B The Code of Civil Procedure, 1908 (V of 1908), Section 34 The failure of power supply in the freezing plant is in fact failure of public power supply as per endorsement number 903 of DOS Policy, consequently causing damage of huge quantity of shrimp kept stored in the..Category: Business or Commercial Law | Date: | Hits: 147
Enjaheruddin Mia alias Md. Enjaheruddin Mia Vs. Mohammad Hossain and others, 1998, 27 CLC (AD)
.... appellate Court. The impugned judgment of the High Court Division thus, does not call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 84. ......Kulsum Bibi out of the land of the said deed of gift. According to the contesting defendants, the suit as framed is not maintainable. 3. On consideration of the oral evidence. 3 PWs and 5 DWs and number of documentary evidence the trial Court by its judgment and decree dated 30-6-91 decreed the ..Category: Property Law | Date: | Hits: 93
Moulvi Md Khurshid Alam Vs. Bangladesh, 1997, 26 CLC (AD)
....vernment’s powers under section 4 of the Act is concerned. This petition, thus, merits little consideration. It is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 82. ......of Rule 10 of the Rules. Section 4 of the Act runs as follows: “4. Nikah Registrars.—For the purpose of Registration of marriages under this Act, the Government shall grant licenses to such number of persons, to be called Nikah Registrars, as it may deem necessary for such areas as it may ..Category: Employment/Service Law | Date: | Hits: 137
Aung Shwe Prue Chowdhury Vs. Kyaw Sain Prue Chowdhury and others, 1997, 26 CLC (AD)
....gladesh Gazette on 21-11-96 is declared to have been made and issued without lawful authority and of no legal effect. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 73. ......during a critical juncture in the history of the tribal people. The appellant was subsequently elected as a member of the legislature by his own people and his son defeated respondent No.1 by a large number or votes in the election of local body. The considerations in paragraph 6 of the Summary are ..Category: Civil Law | Date: | Hits: 203
Bangladesh Vs. AM Mansur Ahmed & others, 1997, 26 CLC (AD)
.... without any order as to costs and the orders of the Administrative Tribunal and the Administrative Appellate Tribunal be set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 65. ......support of the appeal the learned Additional Attorney-General submitted that respondent No. 1 was found guilty of charges of corruption, insubordination, etc. amounting to misconduct spreading over a number of years at different stations where he was posted. The penalty of compulsory retirement was ..Category: Administrative Law | Date: | Hits: 145
Abdul Jalil and others Vs. Sharon Laily Begum Jalil, 1997, 26 CLC (AD)
....Court concerned, the British High Commission at Dhaka and the Ministry of Home Affairs (for attention of the immigration authorities). Ed. This Case is also Reported in: 50 DLR (AD)(1998) 55. ......ith the allowance from the Department of Social Security. The father of the petitioner is now permanently living in Bangladesh and he has taken a second wife and they have now their own family with a number of children. The petitioner has no financial support either in Bangladesh or in the United Ki..Category: Family Law | Date: | Hits: 250
Bangladesh Vs. Shafiuddin and Others, 1997, 26 CLC (AD)
....d. In view of our decision as above the three applications for being added as parties to the appeals are rejected. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 27, 3 BLC (AD) 6. ......aid Committees selected only those who were sympathetic to the political party in power, no materials could be produced before us to show that was so”. 44. Md. Hamidul Haque J observed that the number of promotees exceeded the actual number of vacancies. Most of the promotees continued to serv..Category: Constitutional Law | Date: | Hits: 185
Abdul Jalil and others Vs. Islamic Bank Bangladesh Ltd and others, 2000, 29 CLC (AD)
....rrect appreciation of both law and fact. There is therefore no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 12. ......ure for rejection of the plaint or in the alternative for hearing on law point first which prayer was rejected by the learned Subordinate Judge by Order dated 27-7-1999. The present petitioners 40 in number previously filed Title Suit No. 92 of 1991 which was subsequently re-numbered as Title Suit N..Category: Property Law | Date: | Hits: 101
Shah Sufi Taj Islam Vs. Begum Rokeya Chowdhury and another, 2000, 29 CLC (AD)
....missions made by Mr. Mahbubey Alam, the learned Advocate for the petitioner, do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 7. ......and his disciple and that the plea of the office of the Sub- Registrar that the same was lying in the Court of Subordinate Judge, Dhaka in connection with another suit was false and that a fictitious number of the suit was given and that the office of the Sub-Registrar reported that the original kab..Category: Civil Law | Date: | Hits: 162
Mahmudul Islam alias Ratan vs. State, 2000, 29 CLC (AD)
....ge of the High Court Division. Let a copy of this judgment be transmitted to the author Judge of the High Court Division forthwith. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 1. ......ecific defence of accused Ratan is that deceased Munir was a hijacker of the locality and due to his illegal activities he was murdered by others. 4. In this case, the prosecution examined a large number of eye-witnesses of both the incidents to prove the death of Munir and Khaled. The learned Ad..Category: Criminal Law | Date: | Hits: 108
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