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Special Reference No. 1 of 1995, 24 CLC (AD)
.... to the Election Commission and the Election Commission after causing enquiry and having found the allegations not true declared the final result whereupon the opposition parties declared that unless fresh election was held in Magura by canceling the result declared by the Election Commission, they ......for interference enunciated in Baker Vs. Carr, 369 US 186, or "the sixteen great maxims of Judicial self restraint" presented by Henry J. Abraham in his book The Judicial Process, 3rd Edition have no application on all fours in the Bangladesh Constitution. The makers of our Constitution, with their ..Category: Constitutional Law | Date: | Hits: 248
Shameen Vs. Government of Bangladesh & others, 1995, 24 CLC (AD)
....l is allowed, but without any order as to costs. The detenu be released forthwith, if not wanted in connection with any other case. Ed. This case is also reported in: 47 DLR (AD) (1995) 109. ......e respondents do not appear to have understood the seriousness of the matter. They did not either appear before the High Court Division or before us. It is a distinctive norm in our Court system that application for habeas corpus should get top priority over all other business and be expeditiously d..Category: Criminal Law | Date: | Hits: 75
Golam Rahman Vs. Hazera Khatun, 1995, 24 CLC (AD)
....ent of a Single Judge of the High Court Division passed in Civil Revision No. 3823 of 1991 (Dhaka), remanding Title Suit No. 912 of 1975 to the Assistant Judge, Chuadanga, for hearing of the suit afresh. 2. Plaintiff‑respondent instituted the aforesaid suit for declaration of title ......r is set aside and the appeal is allowed without any order as to costs. The suit is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 211, 47 DLR (AD) (1995) 108 ..Category: Property Law | Date: | Hits: 47
Halid Hamidul Huq Vs. Nafisa Chowdhury & ors., 1995, 24 CLC (AD)
....ay be made before the Court where the tide suit is pending. The appeal is dismissed without any order as to cost. Ed. This case is also reported in: 47 DLR (AD) (1995) 104 ......perties mentioned in the declaration as the Trust property, rather he treated them as his personal properties till his death. Hence respondent Nos 1‑3 had no other alternative but to file an application for amendment of the plaint of their suit on 20 June 1992 for a declaration that the al..Category: Property Law | Date: | Hits: 76
Abdul Munern Chowdhury @ Momen Vs. State, 1995, 24 CLC (AD)
..... 5. There is thus absolutely no reason to interfere in this matter. The petition is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 96 ......the Children Act, 1974 is facing trial along with others in Sessions Case No. 14 of 1994 in the Court of Additional Sessions Judge, Moulvi Bazar. On the date of framing of the charge on 31.8.94 an application was filed by the petitioner to discharge him on the ground that he being a minor was li..Category: Criminal Law | Date: | Hits: 66
Abdul Hakim (Md) Vs. Genandra Nath Bashu Roy, 1995, 24 CLC (AD)
....ve no locus standi in the matter (Other Class Execution Case No.4 of 1993). The petition is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 95 ......ischarging the Rule in Civil Revision No. 3418 of 1993. The petitioners challenged two orders dated 13.11.1993 and 21.11.1993 respectively in the revision case. The petitioners by filing an application on 24.9.1991 raised the objection of limitation for executing the decree dated 31.3.197..Category: Civil Law | Date: | Hits: 109
Yakub Ali Vs. State, 1995, 24 CLC (AD)
.... those cases that the course adopted by the Magistrate in the present case was illegal. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 94 ......tions 302/201/114 of the Penal Code which is pending in the Court of a Magistrate. First Class 'Ua' area Bogra unsuccessfully moved the High Court Division for quashing of the said proceeding. The application for quashing under section 561A of the Code of Criminal Procedure has been summarily re..Category: Criminal Law | Date: | Hits: 62
Lt. Col. (Retd) Nazimuddin Ahmed Vs. Bangladesh and Others, 1995, 24 CLC (AD)
....on contract basis, and that also retrospectively with effect from the date of his joining on contract basis, was done arbitrarily and it was not in the public interest. The appellant did not join afresh or file joining report after the notifications dated 4th August and 4Lh September, 1990 and h...... of three years. The appointment was made under section 6(l) of the Bangladesh Oil, Gas and Minerals Corporation Ordinance, 1985 (Ordinance No.XXI of 1985). On 3 December 1989 the appellant made an application to the President of Bangladesh for absorption/ appointment as a permanent employee of ..Category: Employment/Service Law | Date: | Hits: 117
C Q M H Md. Ayub Ali Vs. Bangladesh and others, 1995, 24 CLC (AD)
....ied upon and further that there has been a failure of fair trial in the Court of Settlement which arrived at its conclusion in violation of the principles of natural justice. ...... brother ATM Afzal J. ATM Afzal J.- These two appeals by leave involve mainly consideration of a common question of law, namely, application of section 5 of the Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 (Ord..Category: Property Law | Date: | Hits: 86
Sirajul Islam (Md). Alias Siraj Madbar and others Vs. Keramat Ali Bhuiyan & ors, 1995, 24 CLC (AD)
....ned transfer. In the result, the appeal is allowed and the impugned order of the High Court Division is set aside. Ed. This case is also reported in: 47 DLR (AD) (1995) 64 ......before us are the accused‑persons in that sessions case. Hearing of the case was last adjourned to 6 July 1994 for examination of prosecution witnesses, but the informant of the case filed an application on 31 May 1994 before the High Court Division for transferring the case to any Court of..Category: Criminal Law | Date: | Hits: 67
Afia Khatoon Vs. Mobasswir Ali and others, 1995, 24 CLC (AD)
....o oppose their prayer for quashing of the proceeding against them. 15. For the reasons this petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 62 ......y report to the effect that the Criminal Investigation Department had taken up re‑investigation of the case and he was assigned with the re‑investigation. It is found that a revisional application was filed before the Sessions Judge against reinvestigation which was undertaken on the..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. Dr. Dhiman Chowdhury and others, 1993, 22 CLC (AD)
.... Accordingly, the appeal is allowed and the impugned judgment of the High Court Division set aside. There will be no order as to cost. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 52 ......r of detention as "absolutely irrelevant" and justifying the grounds upon which the order was made and contending further that the detention order was passed by the appropriate authority after proper application of mind, that the Government has valuable incriminating documents in its possession in..Category: Constitutional Law | Date: | Hits: 185
Quazi Din Mohammad Vs. Al_haj Arzan Ali and another, 1995, 24 CLC (AD)
....(b) and 28(a) of the Specific Relief Act. In the result, the appeal is dismissed without, however, any costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 48. ......ome‑tax and gain‑tax clearance certificates and that whenever these formalities would be complete the respondent would pay the balance of Taka 2 lakh. The appellant accordingly filed an application to the Income‑tax Authority for a clearance certificate and gave its photo copy t..Category: Property Law | Date: | Hits: 69
Haider Ali Khan vs. State, 1995, 24 CLC (AD)
....ass the order of conviction and sentence. 5. There is no substance in this petition which is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 47 ...... conviction and sentence having been dismissed by the Additional District Magistrate, Dhaka, a revision was taken to the Sessions Judge which also proved unsuccessful. The petitioner then filed an application under section 561A of the Code of Criminal Procedure, Criminal Misc. Case No. 904 of 19..Category: Criminal Law | Date: | Hits: 74
Rabjel Mondal Vs. Didar Mondal and others, 1994, 23 CLC (AD)
....p; With this modification in the decree the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 41; 15 BLD (AD) 5. ......ions concurred with the lower appellate Court that Ext, 1 confers on the plaintiff the right of enjoyment of usufruct during her lifetime only, The Rule was discharged. It appears from the revisional application before the High Court Division that it was filed by the appellant, being a son of plaint..Category: Property Law | Date: | Hits: 146
Syed Mohammad Salem Azam and others Vs. Secretary, Ministry of Works, Govt. of BD, 1995, 24 CLC (AD)
.... order of respondent No. 1 dated 9.11.93 is set aside as being without lawful authority and of no legal effect. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 38 ...... Karim, learned Advocate for the appellants, submits that the disputed premises to the extent of 50% of the share of the appellants' father was declared as an abandoned property on 15.11.82 upon an application filed by respondent No. 4. The Abandoned Property Management Board, Bogra took a unani..Category: Property Law | Date: | Hits: 62
State Vs. MA Malik, 1995, 24 CLC (AD)
....onably or unfairly. There is no compelling reason to interfere with the impugned order. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 33 ......9;respondent on anticipatory bail to the satisfaction of the Deputy Commissioner, Sylhet and further directing him to surrender before the Court below within 14 days. 2. Respondent filed an application under section 498 of the Code of Criminal Procedure praying for anticipatory bail in co..Category: Criminal Law | Date: | Hits: 64
Samsun Shipping Corporation Vs. Hossain and Sons and others, 1995, 24 CLC (AD)
....e any relevance to the matter in issue. We do, not find any ground to interfere. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 31 ......nbsp; Mustafa Kamal J : The petitioner describing itself as defendant No.3 as a party interested in Admiralty Suit No.20 of 1994 filed an application on 31.8.94 for recording the right or lien exercised by it on the cargo on board MV. Glo..Category: Admiralty Law or Maritime Law | Date: | Hits: 228
Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)
....arned brother ATM Afzal J. Order of the Court By the majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ......missory estoppel is now well established in the Administrative Law. It has been evolved by Courts on the basis of 'equity' to avoid gross injustice particularly when the injustice results from strict application of any rule or procedure of law. This principle applies to a case where a promise is mad..Category: Property Law | Date: | Hits: 79
Engineer Afsaruddin Ahmed Vs. State, 1995, 24 CLC (AD)
....found to have acted rightly observing that the proceeding against him cannot be quashed. In the result, the appeal is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 10 ......fence of misappropriation, cheating or forgery. The High Court Division, after hearing the parties, by the impugned order dated 15 July 1993, discharged the Rule issued earlier on the said revisional application observing that at this stage the question of mala fide intention could not be determined..Category: Criminal Law | Date: | Hits: 76
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