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Kamrul Hasan Vs. Bangladesh and others, 1997, 26 CLC (AD)
....having already been decided by this Division, the petition does not merit consideration and accordingly, it is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 44 ......sit the rest of the money in Bangladesh Bank. He was unsuccessful in the review preferred to the President. Thereafter he filed the above mentioned case in the Administrative Tribunal and filed an application, with a prayer to stay the operation of the impugned Notification pending disposal of t..Category: Administrative Law | Date: | Hits: 149
Mofizul Huq Vs. Mofizur Rahman and others, 1997, 26 CLC (AD)
....cost and the impugned judgment and order; are set aside. Ed. This case is also reported in: 48 DLR (AD) (1996) 121, 49 DLR (AD) (1997) 38 ......whether the Sainik School Society, the overall control of which vests in the governmental authority, is ‘State’ within the meaning of Article 12 of the Constitution so as to attract the application of Article 14 and the directive principles. The question was answered in the affirmati..Category: Others | Date: | Hits: 85
State Vs. Golam Mostafa & ors., 1997, 26 CLC (AD)
.... at one stage the State and the defence lawyers agreed that since PWs were already examined in the Special Martial Law Court and argument was partly heard there, there was no necessity of adducing fresh evidence in the case and accordingly, no evidence was taken and it was treated as closed. The......btained upon submitting that the High Court Division mis directed itself by relying upon paragraph 4 of the Proclamation of Withdrawal of Martial Law dated 10 November, 1986 in that the same had no application having come into force after the disposal of the case by learned Sessions Judge on 13-9..Category: Criminal Law | Date: | Hits: 120
Bangladesh Vs. Abdul Latif Chokder , 1997, 26 CLC (AD)
.... was granted. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 393, 49 DLR (AD) (1997) 29 ......required to be submitted to the President and therefore, the Administrative Appellate Tribunal erred in law in holding that Comptroller and Auditor General’s Manual of Standing Orders has, no application in the case and he had no authority to remove the respondent from service. Leave was gr..Category: Administrative Law | Date: | Hits: 106
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. ......rty is not before it, will enquire as to why the affected party is not coming before it and if it finds no satisfactory reason for non-appearance of the affected party, it may refuse to entertain the application …………..(9) Per BB Roy Chowdhury J (agreeing): The inescapable conclusion, ther..Category: Constitutional Law | Date: | Hits: 450
Siddiqur Rahman (Md) and others Vs. Profulla Bala Devi & others, 1998, 27 CLC (AD)
....lt. During pendency of the said Miscellaneous Case, the sole plaintiff-petitioner died on 18-4-85. The appellants on 28-4-85 as the heirs of the said deceased plaintiff filed an application with a fresh power, seeking permission to proceed with the said Miscellaneous Case as the heirs of the sai......January 26, 1997. The Code of Civil 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 par..Category: Property Law | Date: | Hits: 88
Shahinur Alam (Md) Vs. People’s Republic of Bangladesh and others, 1998, 27 CLC (AD)
....he submission of the learned Advocate. No case for leave has been made out. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 211. ......consultation with the Public Service Commission dismissed the petitioner from service with effect from 11-4-88 under Rules 4(3)(d) of the aforesaid Rules, 1985. On 18-3-89, the petitioner filed an application to the Hon’ble President of Bangladesh for reviewing the order of the dismissal f..Category: Administrative Law | Date: | Hits: 133
Nur Begum Vs. Dr. Yusuf Ahmed & another, 1998, 27 CLC (AD)
....e plaintiff. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 210. ......Sadar, Chittagong which was affirmed on appeal, other Appeal No. 9 of 1995, by the 3rd Court of Subordinate Judge, Chittagong by judgment and decree dated 23-9-96. The petitioner’s revision application, Civil Order No. 1924 of 1997, was dismissed summarily by a Division Bench of the High ..Category: Property Law | Date: | Hits: 71
Government of Bangladesh and another Vs. Mashiur Rahman and others, 1998, 27 CLC (AD)
....ing that there was collusion and fraud in obtaining the ex parte decree in Title Suit No.142 of 1986, the court illegally refused to set aside the ex parte decree and directed the defendant to file fresh suit for setting aside the decree. The High Court Division seriously erred in holding that t......he Official Gazette. 4. Since 8-1-87 after several shifting of the date for setting the date of hearing, briefly SD December 26, 1987 was ultimately fixed for SD. Thereafter upon an application, filed by the plaintiff under section 151 of the Code of Civil Procedure, on an off-dat..Category: Property Law | Date: | Hits: 76
Bangladesh Vs. AKM Yousuf Mia & others, 1998, 27 CLC (AD)
....d thereby respondent No.1 stood released from the said charges. He did not join thereafter in service, even after the dismissal of the aforesaid appeal on 20-8-85. Then on 20-4-86 he was charged afresh under Rule 3(b) of the Government Servants (Discipline and Appeal) Rules, 1985, briefly the 1......he was not an unauthorised absentee from duties, rather he had been on leave, granted from time to time by the concerned authority of Dhaka Office till 31-12-79 and thereafter he submitted several applications to allow him to resume duties at Dhaka Office, even on the basis of the order of tempo..Category: Administrative Law | Date: | Hits: 119
Akhteruzzaman Vs. Ali Amjad Khan and others, 1998, 27 CLC (AD)
....case to call for an interference. The petitions, therefore, merit no leave and are dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 199. ......nate Judge, Munshiganj, Respondent No.1 brought the suits for enforcement of a contract for sale of 10.73 acres of land against its owner respondent No. 2 Shibajee Prasad Dam alias Shibu. Upon two applications for temporary injunction restraining the petitioner from interfering with the responde..Category: Property Law | Date: | Hits: 87
Monir Ahmed Fakir and others Vs. Abdul Jalil Munshi and others, 1998, 27 CLC (AD)
.... having been exercised judiciously there is nothing for our interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 198. ......sion No. 718 of 1998). Judgment Latifur Rahman J.- The defendant-petitioners filed an application for recording an order of abatement in Civil Revision No. 718 of 1988, which was finall..Category: Civil Law | Date: | Hits: 150
Bangladesh Krishi Bank Vs. Meghna Enterprises and another, 1998, 27 CLC (AD)
....ourt Division is not sustainable in law. Consequently, both the appeals are allowed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 194; 52 DLR (AD) (2000) 57. ......squo;s Order No.27 of 1973 read as follows: “Sub-article (2): All sums due to the bank shall be recoverable as arrears of rent revenue; “Clause (3) : In the application of the Public Demands Recovery Act, l913(Bengal Act III of 1913), for the purpose of t..Category: Business or Commercial Law | Date: | Hits: 150
....eived because he himself could set aside the order of the CMM which was actually prayed for.
All the petitions are dismissed.
Ed.
This Case is also Reported in: 50 DLR (AD) (1998) 189.
......the view that MA Rashid Khan, Executive Director was not legally authorised to make the reports under section 25 of the Ordinance, that the provisions of law were not complied with, that there was no application of mind by the CMM in taking cognizance, that the issuance of warrant of arrest against ..
Category: Business or Commercial Law | Date: | Hits: 163
Fazlul Karim Chowdhury and (Md) and others Vs. Lutfunnessa Begum and others, 1998, 27 CLC (AD)
....urthermore, the instant case does not involve any question of law of public importance. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 188. ......malendu Bikash Roy Choudhury J.- The petitioners are the plaintiffs in Title Suit No. 366 of 1991 pending before the Subordinate Judge, Fourth Court, Dhaka, which is for declaration of title. Upon an application by the plaintiffs for temporary injunction against defendant Nos. 1 and 2 the Subordinat..Category: Property Law | Date: | Hits: 101
Abdus Sattar Vs. State and another , 1998, 27 CLC (AD)
....n has rightly refused the prayer for quashment of the proceeding. The petition is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 187. ......Appeal No. 27 of 1998. Judgment Bimalendu Bikash Roy Choudhury J.- The accused-petitioner’s application, Criminal Misc. Case No.4924 of 1997, for quashment of the proceeding in CR Case No.65 ..Category: Criminal Law | Date: | Hits: 79
Mokaddesh Mondal and Others Vs. State and Others, 1998, 27 CLC (AD)
.... at the time of framing charge or even there-after. The petition is dismissed with observation as above. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 186. ......r Police Station, Police upon completion of investigation submitted charge-sheet against the accused-petitioner 10-10-96 under sections 147/447/323/427/114 of the Penal Code. The informant made an application before the Magistrate concerned on 21-10-96 praying to accept the charge-sheet after su..Category: Criminal Law | Date: | Hits: 74
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. ......f the person diverting it. 10. The Appellate Tribunal without applying its mind to the points raised almost mechanically dittoed the order of the DCT whereupon the appellant made the application before the High Court Division under section 160 of the Income Tax Ordinance, 1984 ref..Category: Fiscal/Taxation Law | Date: | Hits: 97
Niman Ali Vs. Ramizuddin and another, 1998, 27 CLC (AD)
....essions Judge, affirmed by the High Court Division, calls for our interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 162. ......mant-petitioner. 4. When the case was taken up on remand the accused-respondent Ramizuddin surrendered before the Court and also surrendered his passport before the Court. He submitted an application under section 540 Cr.P.C for an opportunity to cross-examine the prosecution witnesses ..Category: Criminal Law | Date: | Hits: 73
Bangladesh Railway and ors. Vs. Pranab Kumur Chakraborty and ors., 1996, 25 CLC (AD)
....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. ......ishad which was formed with the object of eradicating unemployment problem of the locality by setting 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 ex..Category: Administrative Law | Date: | Hits: 130
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