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....Order No.67 of 1972. In this view of the matter the contention of Mr. Karim fails. We find no merit in this petition. It is dismissed.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 64.
......ssal and in pursuance of that recommendation of the First Screening Board the Government dismissed the petitioner from his service on 26-6-75. Against the order of dismissal the petitioner filed an application before the Review Board for reviewing his dismissal order but it was of no effect.
T..
Category: Employment/Service Law | Date: | Hits: 72
Controller of the Customs and ors Vs. Shamsur Rahman, 1978, 7 CLC (AD)
....he appeal is allowed and the order appealed against is set aside. We direct the writ to be recalled. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 60. ......on 167(8)(b) of the Sea Customs Act. 8. We have given our anxious consideration to the facts of the case to find out as to what was the purpose of issuing the permit. The permit was issued on the application of the respondent under the heads ‘Industrial Consumer’ with one of the conditions b..Category: Fiscal/Taxation Law | Date: | Hits: 68
Abdul Latif Mirza Vs. Government of Bangladesh and other, 1979, 8 CLC (AD)
....d co-extensive with the detention. 22. A controversy has been raised by the learned Deputy Attorney-General in that there is a distinction between the continuance of an order of detention and a fresh order of detention, even though there may be a continuity of the detention. He says, that th......o consider the questions under leave we think that a brief reference to the scope of habeas corpus petitions under Article 102 of the Constitution may be made. Article 102 (3)(b)(i) says that on an application of any person, the High Court may make an order, directing a person in custody be brough..Category: Constitutional Law | Date: | Hits: 408
Commissioner of Income Tax, Chittagong Vs. Mst. Safiya Bai, 1978, 7 CLC (AD)
....n of the applicants as the question has been rightly answered by the High Court. Therefore, the appeal is dismissed without costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 41. ......ondent, however, submits that the legislative intention for creating this legal fiction for inclusion of income of spouse or a minor child in computation of a total income of any individual, has no application to the facts of the case. The learned Counsel submits that it is not correct to say that..Category: Fiscal/Taxation Law | Date: | Hits: 85
Bangladesh Vs. Moslem Mia, 1978, 7 CLC (AD)
....dinary litigant. We do not find any substance in this appeal. In the result, the appeal is dismissed. We make no order as to cost. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 45. ...... Rahul Islam J.- This appeal by special leave is from the judgment dated July 20, 1970 passed by a Division Bench of the High Court of East Pakistan is Civil Rule No.729 (f) of 1970 rejecting the application for condonation of delay in filing the appeal from the award dated September 10, 1969 gi..Category: Procedural Law | Date: | Hits: 101
Matiur Rahman Vs. Habibur Rahman and others, 2006, 35 CLC (AD)
.... holder in the suit land. 7. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. 8. The petition is dismissed. Ed. ......sioner (Revenue), Bakerganj; that the Settlement Case No.479 of 1960 had been destroyed due to the devastating cyclone of the year 1965; that the plaintiff under a compelling circumstances filed an application to the defendant No.2, the Additional Deputy Commissioner (Revenue) for the reconstruc..Category: Property Law | Date: | Hits: 24
Md. Abdur Razzaque Vs. Chief Election Commissioner, 2006, 35 CLC (AD)
....ter, there is no substance in the submission of the learned Counsel for petitioner. The petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 416. ......ch he filed the nomination paper as on 01.01.2003 and the authority concerned has issued the impugned notification for holding the said election to the post of Chairman. Thus there is no scope for application of rule 9(3) of the Rules or allowing the petitioner to contest as a candidate at the s..Category: Election Law | Date: | Hits: 116
Government of Bangladesh Vs. Md. Osimuddin, 2005, 34 CLC (AD)
....g and that it was obtained by perjury committed by, or at the instance of, the other parry, which is of course fraud of the worst kind, that he can obtain a rehearing of the questions in dispute in a fresh action by merely changing the form in which he places it before the Court, and alleging in his......e materials on record that the defendant of the Title Suit No. 860 of 1981 entered appearance in the said suit and that on the date when the suit was taken up for final hearing the defendant filed an application seeking adjournment for filing written statement but the said prayer was rejected and th..Category: Property Law | Date: | Hits: 38
Azizullah @ Azizur Rahman Vs. Abu Taher Chowdhury and others, 2006, 35 CLC (AD)
....itle Appeal No.150 of 1978 and the learned Subordinate Judge, who heard the appeal, allowed the same by judgment and decree dated 26-12-1981 and sent back the case on remand to the trial court for fresh decision. Thereafter, the suit was heard afresh and the learned Munsif upon consideration of ......e Supreme Court of Bangladesh (Appellate Division) Rules 1988 and therefore is not maintainable. Consequently, the Review Petition merits no consideration and accordingly it is dismissed. Ed. ..Category: Procedural Law | Date: | Hits: 71
Badsha Miah (Md) Vs. Sonali Bank and others, 2006, 35 CLC (AD)
....cisions arrived at by the Administrative Appellate Tribunal and, as such, we find no substance in this appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ......th all benefits for the period he was out of service. 4. The appellant, being encouraged by the aforesaid order allowing the financial benefits to Mr Kobad Ali submitted an application before the Hon'ble President for review of his order dated 15-1-1997 by which the appel..Category: Administrative Law | Date: | Hits: 103
M Sahabuddin Vs. State, 2006, 35 CLC (AD)
....nations offered in the application for condonation of delay are far from satisfactory. For all the above reasons, we find no substance in this petition. Accordingly, it is dismissed. Ed. ......Munshi defendant No. 21, Jabbar Munshi defendant No. 18, Delwar Munshi defendant No. 34, Farid Munshi defendant No. 23 in the aforesaid suit. The petitioner, on the date of framing charge, filed an application before the Tribunal under section 265C of the Code of Criminal Procedure, stating, that..Category: Criminal Law | Date: | Hits: 34
Mustafizur Rahman Vs. Md. Amjad Hossain, 2006, 35 CLC (AD)
....the suit. 20. 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. ...... and effect of the transaction. It is to be observed that independent advice by itself is not an essential burden to be discharged, unless there are some special circumstances calling for its application, in that the donee or the transferee stood in a position of active confidence or had fi..Category: Property Law | Date: | Hits: 30
Tahedul Islam (Md) and others Vs. Md. Mojibar Rahman and others, 2006, 35 CLC (AD)
....s it". This is the plain grammatical reading of the sub-clause. The legitimate occasion for the exercise of this discretion is not whenever before the appeal is heard a party applies to adduce fresh evidence, but "when on examining the evidence as it stands, some inherent lacuna or def......e Appeal No. 45 of 1988 whereby the appellate Court sent the suit back to the trial Court for disposal of the same in the light of the discussion and direction made in the judgment. The revisional application was filed against the judgment and decree of the appellate Court reversing the judgment..Category: Property Law | Date: | Hits: 36
Abdul Mazid Khan (Md) Advocate Vs. State and another, 2006, 35 CLC (AD)
....g the needful in accordance with law, who is directed to inform this Court through the Registrar of the Supreme Court as to the action taken in the matter within 3 months from date. Ed. ......ed AKM Abdul Quayum and 7 others under sections 120B/302/307/324, 326,114,109/34 of the Penal Code. 5. The informant petitioner, however, being not satisfied with the investigation filed an application on 30-4-2005 praying for further investigation of the case. The learned Magistrate afte..Category: Criminal Law | Date: | Hits: 43
Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)
....on itself i.e., 16th December, 1972 by the founding fathers of the Constitution initially for a period of 15 years from the date of commencement of the Constitution. After expiry of the said period a fresh similar sub-clause (3) was substituted by the Constitution 10th Amendment Act of 1990 publishe......le rules without allowing for exceptional cases. If a law is applicable to all persons of a well defined class, then it cannot be criticised on the ground that similar law has not been made for application to members of other classes. Exclusion of members of the other class, namely, the Parl..Category: Constitutional Law | Date: | Hits: 221
Abdul Kashem Vs. Amirun Nahar and others, 2006, 35 CLC (AD)
.... view of the discussion made above, the petition is found to be without merit. The petition is, therefore, dismissed. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 86. ......om the said judgment also it does not appear that any such ground on point of limitation was at all argued on behalf of the preemptee. 13. We have also perused the memorandum of revisional application filed before the High Court Division wherein we do not find that any ground whatsoever ..Category: Property Law | Date: | Hits: 38
State Vs. Muhibur Rahman Manik and another, 2006, 35 CLC (AD)
....e set aside. In view of the discussion made above, the appeal is allowed. The impugned order of the High Court Division is set aside. Ed. This Case is also Reported in:11 MLR (AD) 2006, 203. ......uffer rigorous imprisonment for 6 (six) months. 3. The convict-respondent preferred Criminal Appeal No. 3653 of 2004 against the order of conviction and sentence before the High Court Division. An application for bail was also moved before the said Division and by the impugned order the convict-r..Category: Criminal Law | Date: | Hits: 184
Ali Akbar (Md) Vs. Shajirannessa Bewa and others, 2006, 35 CLC (AD)
....nsidered unsustainable. 14. In the background of our discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of Taka 5,000. Ed. ...... Ruhul Amin J. - This is a plaintiff's appeal by leave against the order dated January 11, 1999 of a Single Bench of the High Court Division in Civil Order No.1451 of 1999 dismissing the revisional application summarily. The revisional application was filed against the judgment and decree dated ..Category: Property Law | Date: | Hits: 26
Capt. (Retd.) B. Akram Ahmed Khan Vs. BD Oil, Gas & Mineral Resources Corpn. & or, 2006, 35 CLC (AD)
....is accordingly, allowed without any order as to costs, the connected Civil Petition No. 400 of 2003 is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) 2008, 126. ......of respondent No. 2 the pension rules are applicable to him, especially because the petitioner himself requested respondent No. 2 to accept him as a beneficiary of the said Pension Rules through an application dated 16-3-92. In that view of the matter, the question of applicability of the Service..Category: Employment/Service Law | Date: | Hits: 109
Election Commission Vs. Alhaj Advocate Md. Rahmat Ali, MP and others, 2006, 35 CLC (AD)
.... 5. The moot point in the appeal was whether keeping in view the next parliamentary election or, in other words, for the ensuing parliamentary election the Election Commission would prepare a fresh voter-list without having any regard to the existing voter list or the Election Commission wo......on, as above, in the findings and observations/ directives given by the High Court Division in the impugned judgment and order. The parties will bear their respective costs. Ed. ..Category: Election Law | Date: | Hits: 159
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