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Mrs. Halima Khatun Vs. Bangladesh and others, 1978, 7 CLC (AD)
.... rescind the declaration of Martial Law made on the morning of the 15th August, 1975, at any time, either in respect of the whole of Bangladesh or any part thereof under Martial Law by a fresh declaration. (d) this Proclamation and the Martial Law Regulations Orders (and ot...... any ground whatsoever before any authority or in any court; nor shall such taking over or vesting of property give rise to any claim to compensation. (2) All suits, appeals, petition applications and other legal proceedings pending immediately before the commencement of this regul..Category: Constitutional Law | Date: | Hits: 307
Abdul Jabbar (Md) Vs. Government of the People's Republic of Bangladesh & others, 2008, 37 CLC (AD)
....ew of the discussion made above, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed Ed. ......igh Court Division and other connected papers on record. 4. It appears that the Board of Secondary and Higher Education Jessore has conducted an investigation into the affairs of the school, on an application filed by the respondent No. 8 and the said investigation committee consisting of two(2..Category: Civil Law | Date: | Hits: 111
Azizul Hoque Vs. State and others, 2007, 36 CLC (AD)
....ned Counsel could not point at any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ......tions 143/447/379 of the Penal Code against 33 persons including the accused petitioner. Then, on 4-11-1999 the learned Magistrate framed charges against the accused persons but on the basis of the application filed by the accused petitioner under section 241A of the Code of Criminal Procedure di..Category: Criminal Law | Date: | Hits: 39
Government of Bangladesh and another Vs. Sheikh Hasina and another, 2008, 37 CLC (AD)
....ich the question is raised can be properly disposed of in some other way and Court should not give decision on any law which is not strictly necessary for the disposal of the case before it. ...... against her. 9. It was further stated that after investigation police submitted charge sheet, being charge sheet No. 271 dated 23-7-2007 under sections 385/109/34 of the Penal Code. There was no application of mind while police submitting the charge sheet under section 385 of the Penal Code. ..Category: Civil Law | Date: | Hits: 254
Government of Bangladesh Vs. Md. Shamsul Huda and others, 2008, 37 CLC (AD)
....ections and guidelines, the appeal is allowed and the order of the High Court Division appealed against is set aside. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 108. ......Constitution, ultra vires and unconstitutional and/or such other or further order or orders as to that Court may seem fit and proper. 5. The writ-petitioner-respondents thereafter filed an application for direction to the Secretary, Ministry of Law, Justice and Parliamentary Affairs and ..Category: Constitutional Law | Date: | Hits: 124
Loyal Shipping Ltd. Vs. Castrol UK Ltd. and others, 2006, 35 CLC (AD)
....owed the same and thereafter the plaintiff on 10-11-96 filed an application in the above Money Suit No. 21 of 1993 praying for withdrawal of the said suit but without seeking any permission to sue afresh and in the above circumstances, the defendant No. 2 filed a written objection to the said ap......he Admiralty Suit No. 44 of 1994 pending before it and also to release the bank guarantee unless the plaintiff withdrew the suits in Bangladesh within 6-11-96; then the plaintiff at first moved an application before the High Court Division for withdrawal of Admiralty Suit No. 20 of 1996 and vide..Category: Civil Law | Date: | Hits: 111
Chittagong Dock Sramik Parichalana Board and others Vs. Shamsul Haque and others, 2007, 36 CLC (AD)
.... sustainable and accordingly, the same is liable to be set aside. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 68. ...... on 2-10-1985 but by notice dated 19-2-1986 the Additional Deputy Commissioner (LA) informing him that his prayer has been rejected, directed him to vacate the premises; thereafter he sent an application to the Ministry of Land Administration for review of the said order but with no effect ..Category: Labour and Industrial Law | Date: | Hits: 83
Ashraf and others Vs. Md. Zahangir Alam & others , 2008, 37 CLC (AD)
.... respect of 5 items only. The writ petitioner accordingly, deposited the bid money. But the writ petitioner was surprised to know that the writ respondent No. 2, Executive Engineer, published fresh auction notice inviting quotations for sale of 252.409 metric tons of MS Rods and 40.243 metr......ve the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 66; V ADC (2008) 189; 14 MLR (AD) (2009) 86. ..Category: Others | Date: | Hits: 88
Sarder M. Hashim Zaman & ors Vs. Thana Nirbahi Officer, Mithapukur, Rangpur & ors, 2008, 37 CLC (AD)
....y;ed teachers of the said school. Accordingly, the appeal is allowed in part without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 55. ......e Managing Committee headed by the defendant No.1, Thana Nirbahi Officer, and it was approved by the Government. The local people being dissatisfied with the function of the said Committee made an application to the defendant No. 16 for dissolution of the said Committee. The defendant No.1 ..Category: Civil Law | Date: | Hits: 110
Md. Abu Alam Vs. Zarina Begum and others, 2006, 35 CLC (AD)
....pellate Court. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ...... case and the materials on record provision of section 91 of the Evidence Act was in no way relevant for consideration or in other words provision of Section 91 of the Evidence Act had on manner of application in the background of the case put forwarded by the parties. The submissions so made mer..Category: Property Law | Date: | Hits: 42
Md. Muinuddin Zulfiquer Vs. Bangladesh, 2006, 35 CLC (AD)
....e fact of the judgment for review. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly the petition is dismissed. Ed. ......ade in 1986 and the writ petitioner who joined in Grade-II in January 1995 challenged the schedule of the Rules of 1980 in 2001. It is seen from the materials on record that the time of submitting application by the writ-petitioner for being appointed in the post of Engineer and Ship Surveyor he..Category: Employment/Service Law | Date: | Hits: 79
Mahfuzul Hoque and ors Vs. Collector of Customs, Customs House, Chittagong & ors, 2005, 34 CLC (AD)
.... 61. In view of the above, we do not find any substance in the submissions of the learned Counsel for the appellants. The appeals are dismissed without any order as to costs. Ed. ......dinance the Central Government was entitled to issue instruction on the PIAC with regard to the policy and carriage of goods and accordingly notifications were issued by the Central Govt. inviting application for allocation of air space for the year 1960 on PIA flight from Dhaka to Karachi ..Category: Fiscal/Taxation Law | Date: | Hits: 107
Kazi Muhammad Khokon Vs. Bangladesh, 2006, 35 CLC (AD)
.... application for mandatory injunction. On perusal of the petition for review we find that the petitioner in the garb of review petition is trying to get the petition for leave to appeal heard afresh. 2. The learned Advocate-on-record could not point out any error apparent on the face ......of the Court of District Judge, Dinajpur in Miscellaneous Appeal was filed against the order dated April 13, 1998 and April 15, 1998 of the Court of Senior Assistant Judge, Dinajpur rejecting the application for temporary injunction as well as the application for mandatory injunction. On p..Category: Civil Law | Date: | Hits: 106
Sree Girish Chandra Barman Vs. Md. Yasin Ali and other, 2006, 35 CLC (AD)
....ion of materials on record arrived at a correct decision and there is no cogent reason to interfere with the decision of the High Court Division. 9. The petition is dismissed. Ed. ...... 27.10.96 from the contents of the 1996; the other two witnesses examined by the pre-emptor did not say anything about the knowledge of the pre-emotor about the kabala in question as alleged in the application for pre-emption; the lower appellate court noticed that P.W. No. 2, one of the brother..Category: Property Law | Date: | Hits: 34
Khan Md. Firoj Kabir Vs. Rupali Bank Ltd. and others, 2006, 35 CLC (AD)
....nbsp; Accordingly, the appeal is dismissed without any order as to cost. Ed. ......Revision No. 2363 of 1998 discharging the Rule which was obtained against the order dated 14-5-98 passed by the learned Assistant Judge, 4th Court, Dhaka in Title Suit No. 278 of 1997 rejecting the application filed by the plaintiff/appellant praying for fixing the next date of the suit for ex pa..Category: Employment/Service Law | Date: | Hits: 120
Arif A. Shekha and others Vs. Secretary, Ministry of Industries and another, 2007, 36 CLC (AD)
....do not find any reason to interfere with the impugned judgment and hence the three appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 91. ......978 appellant No.1 received for the first time intimation from the Government that the prayer for release of the company in favour of the shareholders have been rejected. Appellant No.1 filed further applications dated 23-2-1978 and 18-7-1978 on receipt of which the Ministry of Industries by memos d..Category: Business or Commercial Law | Date: | Hits: 114
Shahid Hossain Khan (Md) Vs. Abdul Bashed Lashkar and others, 2006, 35 CLC (AD)
.... decree of permanent injunction. 15. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ......tions, that the High School under the law was required to apply to the Deputy Director of Secondary and Higher Secondary Education Board for according permission to start a girl school but no such application was filed and, as such, the High School was not authorised to establish any school for ..Category: Civil Law | Date: | Hits: 216
Bangladesh Vs. Md. Abdur Razzak and others, 2007, 36 CLC (AD)
....17. In view of the discussion made above, we do not find any grounds to interfere with the impugned judgement and order. The appeal is dismissed without any order as to cost. Ed. ......aggrieved by an order or decision of the Administrative Tribunal may file an appeal within 3 months from date of making of the order or decision. 13. It appears that the appellant filed the application for certified copy on 28-1-2003 and received the same on 1-2-2003 and thus is entitled ..Category: Administrative Law | Date: | Hits: 117
Kadam Rosul Silicate Works and others Vs. Sonali Bank, 1990, 19 CLC (AD)
....is set aside. The Money Execution case be struck off and the attachment of the appellants' property shall be deemed to be withdrawn. Ed. This case is also reported in: 42 DLR (AD) (1990) 294.......e refused such interest. 10. It is to be seen therefore if in the decree the Court has allowed any interest, pendente lite and/or further, in terms of section 34(1) CPC. The appellants in their application dated 12.3.81 clearly stated that the suit will be decreed of the claimed amount less th..Category: Banking Law | Date: | Hits: 134
Jashimuddin Kanchan (Md) Vs. Md. Ali Ashraf, 1990, 19 CLC (AD)
....ts and decrees of the High Court Division are set aside and those of the lower appellate Court are restored. No order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 289 ......raced out Ram Prosad's sons, who were residing at Daulatganj and obtained from them a fraudulent kabala, Ext. 1, as already referred to, and threatened him with dispossession. Thereupon he filed an application under section 145 CrPC (Misc. Case No. 34 of 1977) before the Sub-divisional Magistrate,..Category: Property Law | Date: | Hits: 38
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