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Akhtar Masood Vs. Mrs. Bilkis Jahan Ferdous, 1998, 27 CLC (AD)

.... chance to see his growing son only twice. In the meanwhile he is being reared up at the residence of his maternal grandfather at Mohammadpur where he is residing with his mother, the respondent, a Government servant. The couple has also been divorced in 1993. The petitioner’s prayer for vi...... 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. ..

Category: Family Law | Date: | Hits: 156

Ali Akbar (Md) Vs. Government of Bangladesh and others, 1996, 25 CLC (AD)

....hellip;…………………………………………………… Petitioner Vs. Government of Bangladesh and others…………………&hellip......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. ..

Category: Property Law | Date: | Hits: 90

Frank Shipping Limited Vs. Government of the People’s Republic of Bangladesh, 1997, 26 CLC (AD)

....ourt Appellate Division (Civil) Present: Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Frank Shipping Limited ………………..Petitioner Vs. Government of the People’s Republic of Bangladesh and others……………Respondents Judgme......subjugated to the private interest of the writ petitioner. No such case has been made out anywhere. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 140. ..

Category: Others | Date: | Hits: 113

Commissioner of Customs, Chittagong Vs. Giasuddin Chowdhury and another, 1998, 27 CLC (AD)

....gh Court Division will consider whether in spite of prima facie case and balance of convenience the individual interest should be subjugated to public interest…….[21(8)] (iii) Governments are not run on bank guarantees but on liquid cash. Article 83 of the Constitution guara......pon furnishing a proper bank guarantee for the balance as already assessed by the Customs Authority on the respondent. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 129. ..

Category: Criminal Law | Date: | Hits: 119

Khandoker Saiful Islam Vs. State, 1997, 26 CLC (AD)

....o other point has been urged. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 126. ......er 21st, 1997.  The Penal Code, 1860 (XLV of 1860) Sections 96—106 Right of Private Defence Under section 100 of the Penal Code the right of private defence of the body extends to the voluntary causing of death if the offence which occasions the exercise of the ..

Category: Criminal Law | Date: | Hits: 96

Cantonment Board Dhaka and another Vs. Sayeda Rahat Ara Quamrun Nahar and another, 1998, 27 CLC (AD)

....sion.  This petition is otherwise barred by limitation. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 124. ......sion.  This petition is otherwise barred by limitation. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 124. ..

Category: Property Law | Date: | Hits: 74

Altaf Hossain Vs. State, 1997, 26 CLC (AD)

....sp; 4. It is necessary to observe at the outset that we do not agree with many things as found, held and observed in the impugned judgment, but those are not in issue in this appeal as the Government has not preferred any appeal against the acquittal of the other accused. The issue here ...... PM at PS Dhamrai. The OC of the Police Station then came to the house of the deceased with a cameraman and thereafter an FIR was lodged with the police at 6-15 PM, Police made inquest on the dead body of deceased Hyder Ali, sent the same to the morgue for post-mortem examination, seized alamats..

Category: Criminal Law | Date: | Hits: 104

Sadaruddin Ahmed Chisty Vs. Bangladesh and others, 1998, 27 CLC (AD)

....ounds of forfeiture of the books are not covered by the requirements of section 99A of the said Code…………….. (4) Under section 99A of the Code of Criminal Procedure no satisfaction of the Government is to be indicated to forfeit a publication. It is enough if it “appears to the Governm......ed to in sub-section (1) of section 99A. We therefore do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 119. ..

Category: Others | Date: | Hits: 122

Abdul Motaleb Sheikh Vs. Md. Hasan Bali & another, 1998, 27 CLC (AD)

....ellip;….Petitioner Vs. Md. Hasan Bali & another……………...Respondents  Judgment February 24, 1998. The Local Government (Union Parishads) Ordinance, 1983 (LI of. 1983), Section 78 The provision of noti......In any view of the matter the suit appeared to be doomed from the beginning.  The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 118. ..

Category: Employment/Service Law | Date: | Hits: 94

Vice Chairman, Export-Promotion Bureau and Govt. of BD Vs.

....J Latifur Rahman J Md Abdur Rouf J BB Roy Choudhury J Vice Chairman, Export-Promotion Bureau………………….Petitioner Government of Bangladesh………………………&he......ification (Annexure-A to the writ petition) cannot stand, even without a challenge of the Government’s action.  The leave petitions are, therefore, dismissed. Ed.  ..

Category: Business or Commercial Law | Date: | Hits: 117

Subash Chandra Das & ors Vs. Bangladesh, 1994, 23 CLC (AD)

....l J Latifur Rahman J Subash Chandra Das & ors ……………………..Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Land Administration and Land Reforms, Government of the People’s Republic of Bangladesh and others……………. Respondents. Jud......in that behalf to determine as to whether the proceeding stood abated under section 12. For the reasons, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 106...

Category: Property Law | Date: | Hits: 89

Chalna Marine Products Ltd. Vs. Reliance Insurance Ltd. and others, 1997, 28 CLC (AD)

.... the surveyors took from the total stock of 5309 master cartons of shrimps and prawns 10 samples at random and sent it to the Deputy Director, Quality Control and Fish Inspection Department of the Government for Laboratory tests. On 28-5-91 the said Deputy Director submitted report to the effect......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. ..

Category: Business or Commercial Law | Date: | Hits: 147

Bangladesh Vs. Chairman, Court of Settlement and others, 1997, 26 CLC (AD)

.... Judgment                  Mustafa Kamal J.- This petition for leave to appeal by the writ petitioner-Government, which is barred by 32 days and the delay in filing which is condoned because of the exp...... already determined by a Court of law. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 93. ..

Category: Property Law | Date: | Hits: 58

Syed Hedayet Ali Vs. Chief Election Commissioner and others, 1994, 23 CLC (AD)

....i……………….Petitioner Vs. Chief Election Commissioner and others……………….. Respondents Judgment May 5, 1994. Result: The petition is dismissed. The Local Government (Union Parishads) Ordinance, 1983 (LI of 1983), Sections 6(2), 9 & 13(b) The Oath......, without good cause shown, fail to take oath on that date. 5. There is no substance in the petition. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 89. ..

Category: Election Law | Date: | Hits: 110

Moulvi Md Khurshid Alam Vs. Bangladesh, 1997, 26 CLC (AD)

....r dated August 4, 1997 passed by a Division Bench of the High Court Division in Writ Petition No. 2319 of 1995 discharging the Rule. 2. The Ministry of Law Justice and Parliamentary Affairs of the Government of Bangladesh by an order dated 25-10-95 (Anex. “C” to the Writ Petition) appointed t......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. ..

Category: Employment/Service Law | Date: | Hits: 137

Aung Shwe Prue Chowdhury Vs. Kyaw Sain Prue Chowdhury and others, 1997, 26 CLC (AD)

....ext eldest male blood relative and does not follow in the direct line. 3. In a letter bearing No. 2549 p dated Calcutta, the 22nd February, 1917 Mr. JH Kerr ICS officiating Chief Secretary to the Government of Bengal wrote to the Commissioner of Chittagong Division as follows: “that the st......issioner’s recommendation or in the Divisional Commissioner’s recommendation or in the Summary of the Special Affairs Division that the age of the appellant has taken the toll of his faculties of body and mind to the extent that he is unable to discharge the onerous responsibility of a Bohmong C..

Category: Civil Law | Date: | Hits: 203

Government of Bangladesh Vs. Paresh Chandra Gharami and others, 1998, 27 CLC (AD)

....R (AD) (1998) 70. ......the High Court Division. No point of law of public importance is involved in this case. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 70. ..

Category: Property Law | Date: | Hits: 73

Golam Sarwar (Md) & others Vs. Md Liakat Ali and others, 1997, 26 CLC (AD)

....suit land by 3 registered kabalas to the contesting defendants and since purchase, they have been possessing the suit land by mutating their names in the relevant record and on payment of rent to the Government. 4. On consideration of the testimonies of 4 PWs and 5 DW5 and other documentary evi......te Court, We do not find any legal infirmity in the impugned judgment which calls for any interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 67. ..

Category: Property Law | Date: | Hits: 74

Bangladesh Vs. AM Mansur Ahmed & others, 1997, 26 CLC (AD)

....Choudhury J Bangladesh ………………….Appellant Vs. AM Mansur Ahmed & others………….. Respondents Judgment May 4, 1997. Result: The appeal is allowed. The Government Servants (Discipline and Appeal) Rules, 1985, Rules 2(f), 3(b), 3(d) & 4(5) The pe...... 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. ..

Category: Administrative Law | Date: | Hits: 145

Abdul Jalil and others Vs. Sharon Laily Begum Jalil, 1997, 26 CLC (AD)

....s a British Christian; 3) the Muslim children should not be given to the custody of a Christian mother who apparently wants to take them back to England to live on the charity of the British Government; 4) the husband (petitioner No.1) has left England for good and settled in Banglad......ildren should be with their mother as long as she does not earn any disqualification for such custody and there is a breach of this normal order brought about by an unilateral act of the father or anybody on his behalf, the aggrieved mother has the right to move the High Court Division under Article..

Category: Family Law | Date: | Hits: 250