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Haripada Ghose and another Vs. Gopal Chandra Ghose, 1995, 24 CLC (AD)

....8209; Record‑ For the Appellants. Santi Ranjan Karmarkar, Advocate‑on‑Record ‑For the Respondent. Civil Appeal No. 10 of 1994 (From judgment and order dated 3rd November, 1993 passed by the High Court Division, Dhaka in First Appeal No. 802 of 1991).......is empowered to proceed with the probate proceeding as a non‑contentious one. 4. Caveator‑respondent Goapl Ghose took the aforesaid appeal to the High Court Division against the decision of the District Delegate. It appears that relying on section 286 of the Succession Act it..

Category: Property Law | Date: | Hits: 67

Abu Taher Vs. Abdur Razzak and others, 1995, 24 CLC (AD)

....8209;on‑Record- For the Respondent No.1. Not Represented ‑Respondent Nos. 2‑4. Civil Petition for leave to Appeal No. 188 of 1995. (From the Judgment and Order dated 12.12.94 passed by the High Court Division in Civil Revision No.3107 of 1993). Judgmen......any illegality in upholding the judgment and order of the Election Appellate Tribunal. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 160 ..

Category: Others | Date: | Hits: 101

Shaikh Mustainul Haque Vs. Inspector General of Police and others, 1995, 24 CLC (AD)

....es the matter under section 7A. And in this case the final decision was taken on 14-9-89 enabling the petitioner to bring the case with the Administrative Tribunal within six months from 14-9-89, the date of decision under section 7A. So the case has been brought rightly within the period of limitat...... Ordinance from the Appellate order. Thus the appellant cannot go to the Administrative Tribunal for relief till the government finally decides the matter under section 7A. And in this case the final decision was taken on 14-9-89 enabling the petitioner to bring the case with the Administrative Trib..

Category: Administrative Law | Date: | Hits: 111

Shahana Hossain Vs. AKM Asaduzzaman, 1995, 24 CLC (AD)

....rul Islam, Senior Advocate, instructed by Miah Abdul Gafur, Advocate‑on‑Record ‑ For the Respondent.   Civil Appeal No.90 of 1994. (From the Judgment and order dated 4.9.94 passed by the High Court Division, Dhaka in Appeal from Original Order No.95 of 1993.)...... Division is set aside. The appellant is entitled to restitution in view of the disposal of the Miscellaneous Case by us. Ed. This case is also reported in: 47 DLR (AD) (1995) 155 ..

Category: Property Law | Date: | Hits: 68

Superintending Engineer and others Vs. Kazi Asaduzzaman and others, 1995, 24 CLC (AD)

....Wahidullah, Advocate‑on‑Record- For the Respondent No.1. Not represented ‑ Respondent Nos. 2 & 3. Civil Appeal No.19 of 1993. (From the Judgment and Order dated 25.11.91 passed by the High Court Division in Civil Revision No.4012 of 1991 (Dhaka)/Civil R......ecorded address of the plaintiff there was no requirement of sending the same to his Magura address or for publishing the same in any newspaper. The High Court Division was wrong in not giving its decision on the issue of service of show cause notice. As the plaintiff on the finding of the trial..

Category: Property Law | Date: | Hits: 124

Director (Est. & Admin.) T & T Board, Tele Com Building Vs. Hasan Ahmed & anr, 1995, 24 CLC (AD)

....Miah Abdul Gafur, Advocate‑on‑Record ‑ For Respondent No.1. Not represented ‑Respondent No. 2. Civil Appeal No.55 of 1993. (From the judgment and order dated 31.3.1993 passed by the Administrative Appellate Tribunal Appeal No.53 of 1992). Judgm......ng when the incident occurred. 11. It is to be mentioned that the enquiry officer is not to follow the procedure of trial by court. In appropriate cases, the enquiry officer may arrive at a decision simply by questioning the delinquent officer and considering his explanation. It is not co..

Category: Administrative Law | Date: | Hits: 138

Abu Taleb Vs. Government of Bangladesh, 1995, 24 CLC (AD)

....ral with him) instructed by Md. Sajjadul Huq, Advocate‑on-­Record ‑ For Respondent No.1. Not Represented ‑Respondent No.2. Civil Appeal No. 22 of 1994. (From the Judgment and Order dated 30.8.93 passed by the Administrative Appellate Tribunal in Appeal No.34 of 1988). Judgment......ed number of years in Government service. The cases from the Indian jurisdiction are indeed cases as to whether the guidelines have been followed or not and often, with respect, there are conflicting decisions of the Indian Supreme Court as to the interpretation of these guidelines. For example, in ..

Category: Administrative Law | Date: | Hits: 175

Special Reference No. 1 of 1995, 24 CLC (AD)

....eference which was allowed. Mr. Rowshan Ali, another learned Counsel, also came, but very late, when Mr. Asrarul Hossain was in the midst of giving his reply. Therefore, it was not possible to accommodate him but he had left a written submission for our consideration. We must thank all of them for t...... Parliament; L. And Whereas the ruling party took the stand that it is against the very concept of democracy that minority members by resorting to boycott of the Sessions should try to impose its decision upon the majority members and if such undemocratic demand was accepted it would destroy the..

Category: Constitutional Law | Date: | Hits: 248

Golam Rahman Vs. Hazera Khatun, 1995, 24 CLC (AD)

....Md. Fazlul Karim, Senior Advocate, instructed by Md. Aftab Hossain, Advocate‑on‑Record‑For the Respondent. Civil Appeal No. 24 of 1994. (From the judgment and order dated 2.12.1993 passed by the High Court Division in Civil Revision No. 3823 of 1991). Judgm...... claim. The Appellate Court having decreed the suit on the basis of his finding of adverse possession in favour of the plaintiff has committed an error of law resulting (sic) in an error in the decision occasioning failure of justice and, as such, the impugned judgment and decree of the appe..

Category: Property Law | Date: | Hits: 47

Halid Hamidul Huq Vs. Nafisa Chowdhury & ors., 1995, 24 CLC (AD)

....; For the Respondent Nos. 4‑7. Shamsul Hoque Siddique, Advocate‑on‑Record For the Respondent No. 8. Civil Appeal No.30 of 1994. (From the Judgment and Order dated 9.5.93 passed by the High Court Division in Civil Order No. 2807 of 1993). Judgment: ...... In this case the creation, validity, existence and excitability of the trust itself is being disputed. The trial Court correctly held that if the miscellaneous case is proceeded with, conflicting decisions may be given which may lead to serious complications. Our Trusts Act is the same as the I..

Category: Property Law | Date: | Hits: 76

Sadharan Bima Corporation Vs. Sanjib Kumar Das & another, 1995, 24 CLC (AD)

....– Record-For the Respondent No. 1. Md. Nawab Ali, Advocate‑on‑Record ‑For the Respondent No. 2. Civil Appeal No.4 of 1994 (From the Judgment and Order dated 24.8.93 passed by the High Court Division in Appeal from Original Decree No.267 of 1992). ......he suit was filed on 2.1.92. Therefore, the appellant was not liable for any loss or damage after the expiry of 12 months from 12.10.90. The trial Court held that as the appellant did not give any decision on the claim of the plaintiff before 16.11.91 (Ext. 11), the claim was the subject of pend..

Category: Business or Commercial Law | Date: | Hits: 114

Abdul Munern Chowdhury @ Momen Vs. State, 1995, 24 CLC (AD)

....ate‑on‑Record‑ For the Petitioner. Not represented ‑For the Respondent. Criminal Petition for Leave to Appeal No. 13 of 1995. (From judgment and order dated 4th December, 1994 passed by the High Court Division, Dhaka in Criminal Revision No. 1450 of ....... 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 ..

Category: Criminal Law | Date: | Hits: 66

Abdul Hakim (Md) Vs. Genandra Nath Bashu Roy, 1995, 24 CLC (AD)

....te‑on‑ Record ‑ For the Petitioners. Not represented ‑For the Respondents. Civil Petition for Leave to Appeal No. 50 of 1995. (From judgment and order dated 8th November, 1994 passed by the High Court Division, Dhaka in Civil Revision No. 3418 of 199......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 ..

Category: Civil Law | Date: | Hits: 109

Zahiruddin son of Abdu Hye Vs. State, 1995, 24 CLC (AD)

.... M Shamsul Alam, Deputy Attorney‑General, instructed by Shamsul Haque Siddique, Advocate-on-Record-For the Respondent. Jail Appeal No.1 of 1994 (From the Judgment and Order dated 11 January 1994 passed by the High Court Division, Dhaka in Death Reference No. 2 of 1990 (Ch......n failed to consider this aspect of the matter and wrongly held that the accused caused the death of his wife on an unfounded suspicion. 11. The learned counsel for the appellant cited a few decisions for commutation of sentence. In Ghulam Muhammad vs. Emperor, 36 CrLJ (1935) 683 where the..

Category: Criminal Law | Date: | Hits: 73

Lt. Col. (Retd) Nazimuddin Ahmed Vs. Bangladesh and Others, 1995, 24 CLC (AD)

....orney‑General, instructed by Mvi. Md. Wahidullah, Advocate‑on ‑Record ‑ For the Respondents 1‑2. Civil Appeal No.6 of 1994. (From the Judgment and Order dated 9 December 1993 passed by the High Court Division in Writ Petition No.3181 of 1991). J......Court Division, we uphold the order impugned in the writ petition. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 87 ..

Category: Employment/Service Law | Date: | Hits: 117

C Q M H Md. Ayub Ali Vs. Bangladesh and others, 1995, 24 CLC (AD)

....the Respondents(In Civil Appeal No. 49 of 1994). Abdul Wadud Bhuiyan, Additional Attorney General‑ Amicus Curiae. Civil Appeal No. 80 of 1993. (From Judgment and order dated 29th July, 1993 passed by the High Court Division, Dhaka in Writ Petition No.688 of 1989). ......aded on the basis of an ex parte decree. In a decree for specific performance of contract delivery of possession of the disputed property is implied and can be enforced. Mr. Ahmed referred to some decisions to support the aforesaid propositions which are respectively, Mofizur Rahman vs. Governme..

Category: Property Law | Date: | Hits: 86

Shahidul Islam (Md) & anr Vs. Md. Sayedur Rahman and others, 1995, 24 CLC (AD)

....Advocate‑on‑Record‑ For the Petitioner. The Respondents‑Not represented. Civil Petition for Leave to Appeal No. 338 of 1994 (From the Judgment and order dated 11.5.94 passed by the High Court Division, Dhaka in Civil Revision No. 2093 of 1993 with Civ......he question of health hazard does not arise and that the defendants have set up Mills in that area after purchasing a running Mill. 4. On the averments of the parties, the main question for decision is whether injunction should be granted in this case or not. 5. It appears that th..

Category: Civil Law | Date: | Hits: 95

Bangladesh Parjatan Corporation, Dhaka Vs. AKM Abul Kalam, 1995, 24 CLC (AD)

.... the Appellant. A Rab Chowdhury, Advocate instructed by ANM Manjurul Hasan Advocate- on- Record- For the Respondent. Civil Appeal No. 24 of 1993 (From the Judgment and Order dated 22.10.91 passed by the High Court Division in Writ Petition No. 128 of 1987). Judgment......respect of which he received a reply on 31.8.86 stating that he has to file an appeal to the appellate authority designated by the Chairman. On 23.11.86 the respondent prayed to the chairman for a decision on his appeal which was not replied to. Then after serving a notice for demand of justice ..

Category: Employment/Service Law | Date: | Hits: 134

Sirajul Islam (Md). Alias Siraj Madbar and others Vs. Keramat Ali Bhuiyan & ors, 1995, 24 CLC (AD)

....e‑on‑Record-For the Respondent No.2  Matiul Islam, Assistant Attorney- General - Amicus Curiae, Criminal Appeal No. 10 of 1994. (From the Judgment and order dated 12.6.1994 passed by the High Court Division in Criminal Revision No 982 of 1994). Judg......se to the Court of Sessions Judge, Madaripur, observing, among other things, that the issuing of any Rule would cause delay in the final disposal of the case. The learned Judges mainly based their decision upon a submission by the Assistant Attorney ‑General (Mr. Syed Matiul Islam) and obs..

Category: Criminal Law | Date: | Hits: 67

Afia Khatoon Vs. Mobasswir Ali and others, 1995, 24 CLC (AD)

....ent, a close relation of accused Mukhlesur Rahman. The leaned Magistrate after considering the submission of the parties accepted both the original and supplementary charge‑sheet by his order dated 11.2.1989. 8. Being aggrieved by the acceptance of the supplementary charge‑shee......uch circumstances, the second charge‑sheet in the instant case in which the present petitioners are charge‑sheeted are considered as re‑investigation which is barred by law. The decision in the case of Sultan Ahmed Matbar vs. State, reported in 37 DLR 185 and Slate vs Kashem ..

Category: Criminal Law | Date: | Hits: 57