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Displaying 1961-1980 of 1984 results.
Government of Bangladesh and others Vs. Md. Tajul Islam, 1997, 26 CLC (AD)
....section 26 of the Ordinance it is the Special Court which is vested with the authority to pass the impugned order canceling the licence and not appellant No.2, it was held that the appellant acted in excess of his jurisdiction and accordingly, the impugned orders were declared to have been passed wi......this appeal should be dismissed. Order of the Court By majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 177. ..Category: Constitutional Law | Date: | Hits: 192
Hafizuddin (Md) & 3 ors Vs. Bangladesh Bank, represented by Governor & ors, 1997, 26 CLC (AD)
.... made any submission on this finding. 15. We find no ground for interference. The petitions are dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 147 ......peal Case No. 38 of 1988 that it is in consonance with law, equity and justice that Bangladesh Bank is responsible for resolving the complexities arising out of their own action, it is the further duty of the Administrative Tribunal to ignore technicalities and oversee that the Bangladesh Bank a..Category: Administrative Law | Date: | Hits: 159
Government of Bangladesh Vs. Ashraf Ali @ Ashraf Ali and another, 1997, 26 CLC (AD)
....uildings has been done in accordance with law. 4. Leave was granted on the following submissions of the learned Additional Attorney-General— (i) The High Court Division acted in excess of its jurisdiction in interfering with the findings of fact made by the Court of Settlement...... 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
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 ...... Barguna town and having gone there met Chairman Kader Meah and Khaleq Khan whom he reported about the incident. Being accompanied by them PW 1 went to the Police Station and informed the Police on duty. The OC assured that he would visit the place of occurrence. 4. Police visited the poll..Category: Criminal Law | Date: | Hits: 77
Mobarak Ali and others Vs. Mobaswir Ali and others, 1997, 26 CLC (AD)
....s under section 245(1) of the Code of Criminal Procedure. For the foregoing reasons, the appeal is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 36 ...... had any locus standi to represent the State and depose that he would not prosecute the case or adduce any evidence in the case on his behalf. Leave was also granted to consider whether it was the duty of the police officer under section 171 of the Code of Criminal Procedure to produce the prose..Category: Criminal Law | Date: | Hits: 68
State Vs. Golam Mostafa & ors., 1997, 26 CLC (AD)
....ave already taken place. For the reasons stated above the appeal is dismissed subject to the modification as above. Ed. This case is also reported in: 49 DLR (AD) (1997) 32 ......pondent No. 2 immediately left the place under the cover of darkness and respondent No. 1 washed his blood-stained lungi, ganji, etc. After about half an hour respondent No. 1 informed the Ansar on duty (PW 5) that Syed Nuruddin was not in his room and asked him to search for Nuruddin, who then ..Category: Criminal Law | Date: | Hits: 120
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. ......Result: The appellant is given locus standi to maintain the writ petition. The Constitution of Bangladesh, 1972, Article 8 Absolute trust and faith in the Almighty Allah necessarily mean the duty to protect His creation and environment. The appellant is aggrieved, because Allah’s creation..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. ......il Procedure, 1908 (V of 1908) Section 152 & Order XXII rule 3 It is the right of the heirs of the deceased plaintiff to file in court an application for substitution and a corresponding duty has been cast upon the court to make them parties in the legal proceeding, when the right to s..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. ......vitiates all judicial proceedings. When the trial Court itself on consideration of the materials on record was satisfied that a fraud had been committed in obtaining the ex parte decree it was the duty of the trial Court to set aside the ex parte decree…….(18) Lawyers Involv..Category: Property Law | Date: | Hits: 76
Bangladesh Vs. AKM Yousuf Mia & others, 1998, 27 CLC (AD)
....trative Appellate Tribunal is set aside and that of the Administrative Tribunal is restored. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 200; II ADC (2005) 520. ......nder Rule 4(3) of the Government Servants (Discipline and Appeal) Rules, 1984, briefly, 1984 Rules, charging him with the offence under Rule 3 (Ga) and 3 (Kha) thereof for unauthorised absence from duty and misconduct. He, however, denied the charges. The enquiry proceeding, due to pendency of t..Category: Administrative Law | Date: | Hits: 119
Meghna Petroleum Limited Vs. Commissioner of Taxes (East Zone) Dhaka, 1998, 27 CLC (AD)
.... forthwith to the High Court Division for taking necessary steps in accordance with the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 165. ......10,000.00 out of the income on the occasion of his Addya Sradh and also the costs of taking out probate of his will. The executors paid Rs.5,537.00 for Sradh expenses and Rs.1,25,000.O0 for probate duty and claimed deduction of this money to determine the assessable income. Their Lordships of th..Category: Fiscal/Taxation Law | Date: | Hits: 97
Bangladesh Railway and ors. Vs. Pranab Kumur Chakraborty and ors., 1996, 25 CLC (AD)
....ting up industrial and commercial ventures through collective efforts. The Unnayan Parishad filed an application on 12-12-79 to the Secretary, Ministry of Railways, for getting lease of 12 acres of excess land of the Railway at village Jinardi for the purpose of setting up an industry there. The......wed without any order as to costs. The impugned judgment and decree passed by the High Court Division are set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 150. ..Category: Administrative Law | Date: | Hits: 130
Commissioner of Customs, Chittagong Vs. Giasuddin Chowdhury and another, 1998, 27 CLC (AD)
....ger of being irretrievably damaged or face extinction. An interim order can also be passed when the order under challenge is shown to suffer from an absolute lack of jurisdiction or clear or patent excess of jurisdiction or patent malafide without requirement of further proof. Interim orders may ......respondent No. 1 submitted Bills of Entry on 24-6-97. The Customs Authority computed and assessed duties and taxes thereon at the Yellow Book Value of the cars and imposed 40% to 60% supplementary duty and 2.5% development surcharge by assessment order dated 1-7-97. Respondent No. 1 challenged t..Category: Criminal Law | Date: | Hits: 119
Major (Retd) Ashrafuddin Sekander & Bernhard Rudigar and another Vs. State, 1998, 27 CLC (AD)
....ce of accused-appellant is reduced to rigorous imprisonment for 7 years and fine is remitted. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 108. ...... guilty to the charge but the appellant Airport Manager pleaded not guilty. His defence was, first, one of denial and further that whatever he did on the occasion was part of his ordinary official duty and that sometime he had to receive and help incoming passengers at the request of superior of..Category: Criminal Law | Date: | Hits: 130
Advocate Md. Abdul Hamid Vs. Md. Fazlur Rahman, 1998, 27 CLC (AD)
....d under article 50. But it appears that besides the necessary parties, as mentioned in the said Article, the Returning Officer and the Assistant Returning Officers have also been joined as parties in excess of the requirements of the said article. Learned Counsel has tried to argue that the joinder ......reason to differ from the said view. For all these reasons we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 80. ..Category: Election Law | Date: | Hits: 168
Bangladesh Vs. Shafiuddin and Others, 1997, 26 CLC (AD)
....ew held for admission in educational institutions and an interview held for selection of Officers for higher posts in Government Departments. Allocation of 40 marks for interview cannot be said to be excessive or unreasonable in the case of promotion to Selected Posts. He has cited some Indian Supre......es so made shall have effect subject to the provisions of any such Act.” 37. Article 133 of our Constitution is clearly an enabling provision which confers certain powers but does not impose any duty to legislate. It is not obligatory for the Parliament to make laws. No Court can direct the Par..Category: Constitutional Law | Date: | Hits: 185
Bangladesh Bar Council Vs. Khawja Abdul Gani and another, 1997, 26 CLC (AD)
....ent case, although offence of this nature is not compoundable. Consequently, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 18. ...... of withdrawal of the FDR and also at the time of depositing the amount in bank. In normal course of professional work, no advocate will accompany a client to do these types of works. As professional duty, the lawyer will only represent the client court but in this case respondent No. 1 was helping ..Category: Others | Date: | Hits: 105
Al-Haj Abul Basher Vs. Bangladesh and others, 1997, 49 CLC (AD)
....of the Government which the various Government departments shall follow in the case of unutilised requisitioned land. These Inter-Ministerial Communications are merely policy guidelines as to how the excess and unutilized lands are to be treated but these instructions do not create any legal right f......same cannot be said to be arbitrary, unfair and illegal. For the reasons stated above, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 11, 1997 BLD (AD) 321. ..Category: Property Law | Date: | Hits: 81
Syed S.M. Hasan Vs. Bangladesh, 2002, 31 CLC (AD)
....le of equity and good conscious. In the result, this appeal is dismissed without an order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 76. ......in the list of 1998 and deserved similar treatment. 12. Mr. A. F. Hassan Ariff, the learned Attorney General appearing for the respondents submitted that the respondent had no legal duty towards the appellants to empanel him and to promote him according to any such panel as of..Category: Administrative Law | Date: | Hits: 130
Mashuq Mia @ Iqbal Vs. The State, 2006, 35 CLC (AD)
....sion rightly convicted the appellant under section 324 of the Penal Code and we find no cogent reason to interfere with the same. The appeal is dismissed. Ed. ......ng trial. P.W. 10 Ana Mia, Police Constable carried the dead body of the deceased to the Sylhet M. A. G. Osmani Medical College Hospital, morgue and identified the dead-body to the Medical Officer on duty. P.W. 11, Dr. Abu Ahmed Adiluzzaman, Lecturer of Forensic Medicine Department, Sylhet M.A.G. Os..Category: Criminal Law | Date: | Hits: 95
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