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Abdul Kader Rabbani and others Vs. Ebaruddin and others, 2003,32 CLC (HCD)

....ance with law and in the light of the observation made in the body of the judgment. Send down the LC record at once. Ed. This Case is also Reported in: 57 DLR (2005) 307.   ......ellaneous Appeal No.8 of 1992 is hereby set aside and the case is sent back on remand to the said Court to dispose of the matter in accordance with law and in the light of the observation made in the body of the judgment. Send down the LC record at once. Ed. This Case is also Reported..

Category: Civil Law | Date: 1 Jul, 2003 | Hits: 4

Mrs. Razia Satter Vs. Mr. Azizul Huq and two others, 2003, 32 CLC (HCD)

....e plot No.753 which is the case-plot was originally owned by Amiruddin and others and the aforesaid land was requisi­tioned and acquired in L.A. Case No.138/1961-62 and at the time of acquisition Government found structures of Aminuddin, Amiruddin Raj, Sona Banu and Nearbi Bibi and they have bee......ion i.e. within jurisdiction and if the order is erro­neous or irregular or illegal that can not be a ground for flouting the order though on merit it may not stand the scrutiny of law and if any body violates any such order would amount to contempt because such an order does not lack total juri..

Category: Constitutional Law, Contempt of Court Law | Date: 30 Jun, 2003 | Hits: 13

Zahed Ali Foreman (Driver) and ors. Vs. State, 2004, 33 CLC (AD)

....terference is called for by this Division in respect to the judgment and order of the High Court Division.      Accordingly, the petition is dismissed. Ed. ......med with lethal weapons and fire arms as well as bombs surrounded the rickshaw and pulled him down from the rickshaw and inflicted indiscriminate blows by a Chinese axe in the different places of the body of victim Sabuj and while the victim raised alarm for help then the informant and his cousin ru..

Category: Criminal Law | Date: 24 May, 2003 | Hits: 84

Chan Miah (Md) Vs. Md. Dabirul Islam Khan & ors., 2004, 33 CLC (AD)

....it any consideration and we also do not find any illegality or infirmity to interfere with the impugned judgment of the High Court Division. The petition is dismissed.   Ed. ......in 14 DLR 204 it has been held that from the scheme of section 96 of the Act it is patently clear that the intention of the legislature was that pre‑emption should be available to the entire body of the co‑sharer‑tenants and in certain cases also to the tenants holding lands co..

Category: Property Law | Date: 5 May, 2003 | Hits: 141

Bangladesh Biman Corporation, represented by MD Vs. Rabia Bashri Irene and others, 2003, 32 CLC (AD)

....inal contract of employment. It has been stated by the writ‑petitioners that they were not aware of Corporation's resolution dated July 18, 1993 and that the said resolution was not approved by the Government, nor the same was published in the official gazette. 5. The Rules have been contested ......sion. In the afore state of the matter we find no substance in these petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in:  55 DLR (AD) (2003) 132. ..

Category: Employment/Service Law | Date: 30 Apr, 2003 | Hits: 164

United Commercial Bank Ltd. Vs. Jahangir Alam Khan & ors., 2004, 33 CLC (AD)

.... 2. The facts leading to the filing of this application are that, the share holders of UCBL are divided into three groups, the Sponsors/Directors are in Group 'A' holding 50% of the shares, the Government of Bangladesh and Public Sector Financial Institutions are in Group 'B' holding 5% shar......t would be better in the overall interest of the UCBL which is a well‑known bank in Bangladesh, to appoint a neutral person to preside over it Annual General Meetings, without prejudice to anybody as it was done in similar other occasions. In support of his contention the learned Counsel re..

Category: Business or Commercial Law | Date: 22 Apr, 2003 | Hits: 201

Abdul Jalil Sarder Vs. State, 2003, 32 CLC (AD)

.... of Act II of 1947 is set aside and he is acquitted of the charges leveled against him. The appellant is discharged from his bail bond. Ed. This Case is also Reported in: 1 ADC (2004) 9. ...... of Act II of 1947 is set aside and he is acquitted of the charges leveled against him. The appellant is discharged from his bail bond. Ed. This Case is also Reported in: 1 ADC (2004) 9. ..

Category: Anti-Corruption Laws | Date: 12 Apr, 2003 | Hits: 158

Suo Moto Order No. 248 of 2003, 32 CLC (HCD)

.... Result: The suo moto order is disposed of with certain observations. Lawyers Involved: A. F. Hassan Ariff, Attorney General with Adilur Rahman, Deputy Attorney General - for the Government. M. Idrisur Rahman and Dr. Nayeem Ahmed - for Oparajoy Bangladesh. Md. Asaduzza......ey General for Bangladesh for necessary action. With the aforesaid observations and directions the matters is disposed of. Ed. This Case is also Reported in: 11 BLT (HCD) (2003) 281. ..

Category: Women and Children | Date: 9 Apr, 2003 | Hits: 148

Sazzadul Haque Liku (Md.) and others Vs. Sarder Anwar Hossain, 2003, 32 CLC (HCD)

....mmunication available to the people of the area defendant No.8, Returning Officer after making spot inquiry decided to set up two now polling stations Debipur Primary School and Joypur Registered Non-Government Primary School. The Returning Officer sent the names of the polling station of defendant ......his Rule is made absolute. The impugned judgment and order is set aside and the plaint is rejected. No order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 273.   ..

Category: Civil Law, Election Law | Date: 24 Mar, 2003 | Hits: 2

Motiur Rahman and others Vs. Chowdhury Md Mahfuzul Islam and ors., 2003, 32 CLC (AD).

....tioner­ respondent, on the other hand, argues that the Regulation 1(3) of the BADC Regulations of 1968 gives the BADC the right to modify, cancel or amend the regulations with the approval of the Government, provided that the terms and conditions of service of a person already in service, are no...... The learned Counsel by referring to the case of Bangladesh vs. Shafiuddin Ahmed reported in 50 DLR (AD) 27 relevant paras 36, 41 and 42, has argued that it is not unknown in our country for a public body to provide administrative instruction for the administration of the same and the said administr..

Category: Others | Date: 24 Mar, 2003 | Hits: 87

Mobarak Hossain alias Mobarak Vs. State, 2004, 33 CLC (AD)

....titioner and other convicts unsustainable in law we find no reason to interfere with the judgment and order sought to be appealed.  Accordingly, the petition is dismissed. Ed. ...... also slept in the east verandha of her bedroom upon bolting the door from outside, that in the early hours (at about 1.30 hours) of the night of February 26, 1997 she sensed that someone touched her body and thereupon while woke up she was threatened to keep quiet and at one stage while she called ..

Category: Procedural Law | Date: 24 Mar, 2003 | Hits: 121

Govt. of BD rep. by the Sec., Min. of Housing & Pub. Work & ors Vs. Md. Javed Alam, 2004, 33 CLC (AD

....e aforesaid manner. Ed. ......ing direction to restore vacant possession of the property in question to tile respondent is maintained. Accordingly, the leave petition is disposed of in the aforesaid manner. Ed. ..

Category: Property Law | Date: 24 Mar, 2003 | Hits: 463

Syeda Mazeda Khatun Vs. Bangladesh Shilpa Rin Sangstha, 2003, 32 CLC (AD).

....ne through the decisions as referred by the learned Counsel for the petitioner‑appellant and are of the opinion that in all the cases referred above the incumbents or the aggrieved persons were Government employees whereas the petitioner‑ appellant was an employee or librarian of a priva......   In that view of the matter, this petition is dismissed.   Ed.   Same Case Cited in:  55 DLR (AD) (2003) 82. ..

Category: Employment/Service Law | Date: 17 Mar, 2003 | Hits: 84

Moinul Haque (Md) & anr. Vs. State, 2004, 33 CLC (AD)

....ence narrated the occurrence following the general diary lodged by condemned prisoner Moinul Haque. Thereafter, he added that the victim Yasmin was found on the road to the east of Sadhana Adibashi Government Primary School and that as a result of adverse reaction in the locality the dead body o......and asked the girl to board on and though the girl was hesitant at first but later she boarded on the pick‑up and the pick‑up then left the place, but on the following morning' her dead body was found beside 'Dash Milk Maha Sarak' near BRAC office at North Gobindapur and the aforesaid..

Category: Criminal Law | Date: 13 Mar, 2003 | Hits: 316

Nahar Shipping Lines Ltd. & anr. Vs. Homera Ahmed & ors., 2004, 33 CLC (AD)

....ourt Division in the company matter, we do not find any reason to grant leave against the said judgment.  The petition is therefore, dismissed and the delay is condoned. Ed. ...... unfairly discriminatory manner or contrary to the interests of the members as a whole. The expression "affairs of the company" is widely defined in section 53 of the Act, In relation to body corporate "affairs of the company" means:  The promotion, formation, mem..

Category: Business or Commercial Law | Date: 12 Mar, 2003 | Hits: 273

Aloke Nath Dey Vs. Govt. of BD. rep. by the DC, 2004, 33 CLC (AD)

....on (Civil) Present: Mainur Reza Chowdhury CJ Syed JR Mudasir Hussain J AS Ahammed J  Aloke Nath Dey.........................Appellant Vs. Government of Bangladesh represented by the Deputy Commissioner. ...Respondent   Ju......in respect of the said goods. The expression 'security' has been explained in sub­section (2) of section 370 but the expression 'debt' has neither been explained nor defined. It was however, nobody's case that the ornaments in question fall within the category of security within the meaning ..

Category: Property Law | Date: 11 Mar, 2003 | Hits: 436

Commissioner of Customs, Customs House, Dhaka & ors Vs. Cieng Tong Chong, 2006, 35 CLC (AD)

....o the petitioner the same would be smuggled into the Bangladesh and he has also submitted that since the goods were not released on payment of the duties the same liable to be confiscated by the Government.  7. It is seen from the materials on record that writ-petitioner declared the good......mitted no illegality in making the said direction. Thus we find no ground to interfere with the judgment and order of the High Court Division.  Accordingly the petition is dismissed.  Ed. ..

Category: Others | Date: 5 Mar, 2003 | Hits: 114

Secretary, Ministry of Education, Government of People's Republic of Bangladesh and others Vs. North Point University, 2003, 32 CLC (AD)

....LR (AD) (2003) 94; 1 ADC (2004) 497. ......se of action, if any, had matured. In view of the above the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 94; 1 ADC (2004) 497. ..

Category: Others | Date: 8 Feb, 2003 | Hits: 112

Abul Hossain (Md) Vs. State, 2003, 32 CLC (AD).

....ed a notice upon the appellant to submit his papers on submission of the aforesaid certified copy of the decree of Title suit No. 663 of 1979 the Additional Deputy Commissioner (Revenue) directed the Government Pleader, Satkhira to make an enquiry as to whether Title Suit No. 663 of 1978 was at all ......urt Division 'Further enquiry" is directed to be held. Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 125.  ..

Category: Property Law | Date: 4 Feb, 2003 | Hits: 80

Abdur Rashid (Md) Vs. LGRD and Cooperatives, Local Government Division and others, 2003, 32 CLC (AD)

....   Md. Fazlul Haque J    Abdur Rashid (Md) ...............Petitioner   Vs.   Local Government Rural Development and Co­operatives, Local Government Division and others..........Re......s been passed in the background of material available to the Authority for the purpose of making the said order.   7. As regards the other contention that in an elected body the elected representative should be allowed to discharge his duty or perform his duty and that..

Category: Others | Date: 27 Jan, 2003 | Hits: 89