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AKM Ali Imam Vs. DG, Bangladesh Agricultural Research Institute & another, 2002, 31 CLC (AD)
....There is no merit in this petition and the same is accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 5. ......There is no merit in this petition and the same is accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 5. ......New Zealand for Post Graduate training but within the period fixed he did not return to this country and was absent for more than five years. A departmental proceeding was initiated by the Director General of the aforesaid Institute and by order dated 13-1-1988 the petitioner was removed from ser......There is no merit in this petition and the same is accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 5. ..Category: Administrative Law | Date: | Hits: 104
Md. Marfat Ali Miah Vs. Sree Jagadish Chandra Sheel and others, 2006, 35 CLC (AD)
....l, void, without jurisdiction and not binding upon the plaintiff. 2. The Second Certificate Appeal No.88 of 1984 was filed against the order dated February 9, 1984 passed by the Additional Deputy Commissioner" Mymensingh in Certificate Appeal No.3/77-78 dismissing the same. The Cert....... The Other Class Suit No. 82 of 1991 is restored to its file and number. The trial Court is directed to dispose of the suit expeditiously. There is no order as to costs. Ed. ......e the contention of the appellant and for examining the correctness of the judgment of the High Court Division the provision of section 37 of the PDR Act is reproduced below: "37. General bar to jurisdiction of Civil Courts, save where Fraud alleged.- Except as otherwise expres......ered to the auction purchaser i.e. plaintiff, herein appellant, on January 17, 1966. The Certificate Case No. 1723 (I) 63-64 was started in respect of the land of plot No. 1503 of Mouza Dattapara, Police Station-Iswarganj, Mymensingh. The aforesaid plot was listed in C.S. Khatian No.264 and late..Category: Civil Law | Date: | Hits: 77
Md. Yousuf Ali Vs. Kazi Syed Shamsul Hoque and others, 2006, 35 CLC (AD)
....n cannot be sustained and so the appeal should be allowed. 22. The appeal is, therefore, allowed. In the facts and circumstances we direct the parties to bear their own costs. Ed. ......n cannot be sustained and so the appeal should be allowed. 22. The appeal is, therefore, allowed. In the facts and circumstances we direct the parties to bear their own costs. Ed. ......n cannot be sustained and so the appeal should be allowed. 22. The appeal is, therefore, allowed. In the facts and circumstances we direct the parties to bear their own costs. Ed. ...... subject English and logic from Darul Ulum Madrasha in the district of Chittagong. His father was appointed as Marriage Registrar of Patenga, Halishar, Agrabad and Rampur area under Double Mooring Police Station of Chittagong District and on his leave from December 17, for 10 weeks for illness t..Category: Constitutional Law | Date: | Hits: 178
Government of the People’s Republic of Bangladesh Vs. Abdur Rahman and others, 2006, 35 CLC (AD)
....me Court Appellate Division (Civil) Present: Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzul Islam J Government of the People’s Republic of Bangladesh represented by the Deputy Commissioner, Dhaka and other.................................Appellants. Vs. Abdur R......itration Appellate Tribunal. In view of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with cost to be paid by the appellant No. 1. Ed.......itration Appellate Tribunal. In view of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with cost to be paid by the appellant No. 1. Ed.......itration Appellate Tribunal. In view of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with cost to be paid by the appellant No. 1. Ed...Category: Property Law | Date: | Hits: 58
Government of Bangladesh and others Vs. Md. Shahjahan Gazi, 2006, 35 CLC (AD)
....cided the case and there is no legal infirmity or illegality in the impugned judgment of the High Court Division to warrant our interference. Accordingly, this petition is dismissed. Ed. ......cided the case and there is no legal infirmity or illegality in the impugned judgment of the High Court Division to warrant our interference. Accordingly, this petition is dismissed. Ed. ......Cases Referred To- Sk. All Ahmed vs. Secretary, Ministry of Home Affairs, Government of Bangladesh, 40 DLR (AD) 170. Lawyers Involved: Abdur Razzaque Khan, Additional Attorney General, instructed by Md. Ahsan Ullah Patwary, Advocate-on-Record- For the Petitioners ......d 4 of the Explosive Substance Act was started. The case of the petitioner was that his father was a respectable person and had a licensed gun and upon his death the gun was deposited in the local Police Station. While it was felt necessary for protection of the person and property of the petiti..Category: Criminal Law | Date: | Hits: 42
Government of Bangladesh and others Vs. A.K.M. Fazlul Haque, 2006, 35 CLC (AD)
....spondent to the District Social Service Office, Khagrachari as the Assistant Director. The respondent joined there and took over charge of the said office on 31.5.99 from Janab Teslim Uddin Ahmed, Deputy Director, District Social Service Office, Khagrachari. The respondent served as the Assistan......stance in the appeal in order to interfere with the impugned judgment and order of High Court Division. 24. The appeal is, accordingly, dismissed without any order as to cost. Ed. ......ne Alam Khan vs. Abdul Hamid Chowdhury, 3 BLC (AD) 55; A.B.M. Abdul Baqi vs. Government of Bangladesh, 4 BLC (AD) 213. Lawyers Involved: Abdur Razaque Khan, Additional Attorney General, (Faisal H. Khan, Assistant Attorney General with him), instructed by Md. Ahsanullah Patwar......stance in the appeal in order to interfere with the impugned judgment and order of High Court Division. 24. The appeal is, accordingly, dismissed without any order as to cost. Ed. ..Category: Administrative Law | Date: | Hits: 124
Md. Saifur Rahman Emam Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....ering the facts and circumstances of the case, we do not find any cogent reason to interfere with the judgment of the High Court Division. 8. Accordingly the petition is dismissed. Ed. ......ering the facts and circumstances of the case, we do not find any cogent reason to interfere with the judgment of the High Court Division. 8. Accordingly the petition is dismissed. Ed. ...... Mr. Munsurul Hoque Chowdhury, Senior Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record- For the Petitioner Mr. Fida M. Kamal, Additional Attorney General, instructed by Mr. A.S.M. Khalequzzaman, Advocate-on-Record- For the Respondent ......ering the facts and circumstances of the case, we do not find any cogent reason to interfere with the judgment of the High Court Division. 8. Accordingly the petition is dismissed. Ed. ..Category: Election Law | Date: | Hits: 119
Messres MS Jafar Vs. Subordinate Judge, 3rd Court, Dacca & others, 1980, 9 CLC (AD)
....l leave are dismissed. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, with Jamiruddin Ahmed, Advocate, instructed by S.M. Huq, Advocate-on-Record—For the Appellant. A.W. Bhuiyan, Deputy Attorney-General, instructed by M.S. Khan, Advocate-on-Record. — For the Respondents. ......point of view we do not find any substance in this point. This appeal and the petition for special leave are dismissed but we make no order as to costs. Ed. This Case is also Reported in: ......issed. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, with Jamiruddin Ahmed, Advocate, instructed by S.M. Huq, Advocate-on-Record—For the Appellant. A.W. Bhuiyan, Deputy Attorney-General, instructed by M.S. Khan, Advocate-on-Record. — For the Respondents. Civil Appeal No......point of view we do not find any substance in this point. This appeal and the petition for special leave are dismissed but we make no order as to costs. Ed. This Case is also Reported in: ..Category: Others | Date: | Hits: 106
Udaypur Halima Darul Ulum Madrasha and others Vs. Bangladesh, 1981, 10 CLC (AD)
....Involved: Syed Ishtiaq Ahmed, Senior Advocate (N. H. Khondaker, Advocate with him), instructed by Md. Sajjadul Huq, Advocate-on-Record.—For the Appellant. Md. Moksudur Rahman, Deputy Attorney General, instructed by B. Hossain. Advocate on-Record.—For the Respondent. ......ust succeed. Therefore, the appeal is allowed and the order of the High Court Division is set aside. Let the Government proceed in accordance with law. We make no order as to costs. Ed. ...... Syed Ishtiaq Ahmed, Senior Advocate (N. H. Khondaker, Advocate with him), instructed by Md. Sajjadul Huq, Advocate-on-Record.—For the Appellant. Md. Moksudur Rahman, Deputy Attorney General, instructed by B. Hossain. Advocate on-Record.—For the Respondent. Civil Appea......licence on payment of compensation for the land. 4. Facts in short necessary for disposal pf the appeal are like this: the site of the cattle market at Udaypur of Mouza Golarchak under Police Station Mollahat having been washed away by the rivet Madhumati, the local people shifted th..Category: Property Law | Date: | Hits: 93
People's Republic of Bangladesh Vs. Sri Sri Madan Gopal Jew Bigraha and ors., 1981, 10 CLC (AD)
....vil) Present: Kemaluddin Hossain CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J People's Republic of Bangladesh represented by the Deputy Commissioner, Sylhet and others ..........Appellants. &nbs...... of the first appellate Court is empowered to question validity of Hate Court and restore that of the trial Court recording abatement of the suit, There will be no order as to costs. Ed. ......vs. The Province of East Pakistan (1967) 19 DLR 106; Tanvir Ahmed Siddiky Vs. The Province of East Pakistan (1968)20 DLR (SC) 144. Lawyers Involve: Md. Moksudur Rahman, Dy. Attorney-General, instructed by B. Hossain, Advocate-on- Record —For the Appellants. Ex Parte&m...... of the first appellate Court is empowered to question validity of Hate Court and restore that of the trial Court recording abatement of the suit, There will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 44
Siddique Ahmed Chowdhury & others Vs. Gani Ahmed and others, 1979, 8 CLC (AD)
....is is a question of fact and hardly arises in this appeal by special leave. For the foregoing reason, we dismiss the appeal with costs. Ed. This Case is also Reported in: 33 DLR (AD) 1. ......is is a question of fact and hardly arises in this appeal by special leave. For the foregoing reason, we dismiss the appeal with costs. Ed. This Case is also Reported in: 33 DLR (AD) 1. ......is is a question of fact and hardly arises in this appeal by special leave. For the foregoing reason, we dismiss the appeal with costs. Ed. This Case is also Reported in: 33 DLR (AD) 1. ......is is a question of fact and hardly arises in this appeal by special leave. For the foregoing reason, we dismiss the appeal with costs. Ed. This Case is also Reported in: 33 DLR (AD) 1. ..Category: Property Law | Date: | Hits: 53
Government of Bangladesh Vs. Md. Abdus Subhan &. others, 1979, 8 CLC (AD)
....ner and the holding never abandoned by the owner before, forcible eviction of the possessors of such right from the premises is illegal under PO XVI of 1972. Lawyers Involved: Maksudur Rahman, Deputy Attorney-General, instructed by B. Hossain, Advocate-on-Record, —For the Petitioners. Md......n of P.O. 16 of 1972 is illegal and as such the provision of M.L.R. VII 1977 has no application. The petition is therefore dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 255.......ing never abandoned by the owner before, forcible eviction of the possessors of such right from the premises is illegal under PO XVI of 1972. Lawyers Involved: Maksudur Rahman, Deputy Attorney-General, instructed by B. Hossain, Advocate-on-Record, —For the Petitioners. Md. Aftab Hossain,......n of P.O. 16 of 1972 is illegal and as such the provision of M.L.R. VII 1977 has no application. The petition is therefore dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 255...Category: Property Law | Date: | Hits: 67
Abdul Jabbar Khan @ Jabbar Khan & ors Vs. State and another, 1980, 9 CLC (AD)
....Jogesh Chandra Sarkar vs Abdul Gani, 18 Cr.LJ. 626. Lawyers Involved: Md. Meser All, Senior Advocate instructed by S.M. Huq, Advocate-on-Record—For the Appellants. Md. Moksudor Rahman, Deputy Attorney-General, instructed by B. Hossain, Advocate-on- Record—For Respondent No. 1. No......oned in the original complaint petition and sent up for trial by the police and he will be guided by the principles enunciated above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 247 ......arkar vs Abdul Gani, 18 Cr.LJ. 626. Lawyers Involved: Md. Meser All, Senior Advocate instructed by S.M. Huq, Advocate-on-Record—For the Appellants. Md. Moksudor Rahman, Deputy Attorney-General, instructed by B. Hossain, Advocate-on- Record—For Respondent No. 1. Not represented—......4 persons On the allegations that they formed an unlawful assembly and trespassed into his house and looted away rice, paddy, etc. and other household goods and by dismantling removed the hut itself. Police investigated the case and submitted charge-sheet on 17.4.73 against 6 accused persons who a..Category: Criminal Law | Date: | Hits: 60
Bangladesh Vs. Hail Abdul Gani Biswas and others, 1980, 9 CLC (AD)
....ion of the High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 233 ......ion of the High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 233 ......ctions which are not alive before the promulgation of President's Order No. 88 of 1972 they are concluded by the transactions past and closed………..(11) Lawyers Involved: K. A. Bakr Attorney-General, with Abdul Wadud Bhuiyan Assistant Attorney-General, instructed by B. Hossain, Advocate o......ion of the High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 233 ..Category: Property Law | Date: | Hits: 85
Wahid Ali and ors Vs. State, 1980, 9 CLC (AD)
....e the orders of the High Court and that of the Sessions Judge and direct that the proceedings are to continue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 229 ......e the orders of the High Court and that of the Sessions Judge and direct that the proceedings are to continue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 229 ......tition under section 27 of the Special Powers Act. Lawyers Involved: A. Hasib, Advocate, instructed by B.C. Panday, Advocate-on-Record—For the Appellants. Abdus Sahan, Additional Attorney General, Matiur Rahman, Asst. Attorney-General, instructed by A Rob-I, Advocate-on-Record.—For t......uo motu take cognizance under section 27(1) of the Special Powers Act as a Special Tribunal. 2. The facts are that informant Rais Ali lodged a First Information Report on 1-7-74 at the Bianibazar Police Station, Sylhet alleging that the accused appellants formed into unlawful assembly being ar..Category: Criminal Law | Date: | Hits: 33
M/s. Hossain Ahmed Vs. M/s. H. D Hossain & Brothers, 1980, 9 CLC (AD)
....nt did not bid in the auction but went to Excise Commissioner behind the appellant's back and made a higher bid. The Excise Commissioner cancelled the sale in favour of the appellant and directed the Deputy Commissioner to accept the offer made by the 4th respondent without making any notification. ...... allowed with cost and the order of the High Court Division in staying the operation of the order of the District Judge is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 223 ......Shafiqur Rahman Advocate-on-Record—For the Appellant. Syed Ishtiaq Ahmed, senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For Respondent Nos. 1 & 2. K.A. Bakr, Attorney-General, A.W. Bhuiyan, Asstt. Attorney-General, instructed by B. Hossain, Advocate-on-Record—For R...... allowed with cost and the order of the High Court Division in staying the operation of the order of the District Judge is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 223 ..Category: Others | Date: | Hits: 94
Nasiruddin Vs. Government of the People's Republic of Bangladesh & ors, 1980, 9 CLC (AD)
....t Division and remit the case back to it for decision in the light of the observation made above. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 216 ......t Division and remit the case back to it for decision in the light of the observation made above. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 216 ......e at the time of such withdrawal or revocation. Lawyers Involved: T. H. Khan, Senior Advocate, instructed by Sajjadul Huq, Advocate-on-Record—For the Appellant. Abdus Sobhan, Addl. Attorney-General, with Matiur Rahman, Asst. Attorney-General, instructed by B. Hossain, Advocate-on-Record—......t Division and remit the case back to it for decision in the light of the observation made above. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 216 ..Category: Constitutional Law | Date: | Hits: 157
Abu Taleb Mridha Vs. State, 1980, 9 CLC (AD)
....se and the Court has quashed the proceedings on merit as against that accused. In the result, therefore, this appeal is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 209 ......se and the Court has quashed the proceedings on merit as against that accused. In the result, therefore, this appeal is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 209 ......nal Appeal Nos. 29 and 30 of 1977. Lawyers Involved: Rafiqul Huq, Senior Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record — For the Appellant. Abdus Sobhan, Additional Attorney-General, with Matiur Rahman, Assistant Attorney-General, instructed by M. R. Khan, Advocate-on-Recor......se and the Court has quashed the proceedings on merit as against that accused. In the result, therefore, this appeal is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 209 ..Category: Criminal Law | Date: | Hits: 57
Abdur Rashid Vs. Secretary, Ministry of Cabinet Affairs, Establishment Div & ors, 1980, 9 CLC (AD)
....ere will be no order as to costs. Order of the Court By Majority view the appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 201 ......ere will be no order as to costs. Order of the Court By Majority view the appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 201 ......ere will be no order as to costs. Order of the Court By Majority view the appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 201 ......ineering Supervisor brought out of the store 40 new switches on indent on 23-9-1974 but did not hand over the same to the said Division at Maghbazar, and 25 switches were recovered by the Traffic Police while the same were being carried by the said proprietor. This was a serious charge, and the ..Category: Employment/Service Law | Date: | Hits: 70
Bangladesh and ors Vs. Somboon Asavaham, 1980, 9 CLC (AD)
....espondent (in C. A. 83 of 1979) Thai Ware Industry...............Respondent (in C.A. 84 of 1979) Judgment Dec 4. 1979. Lawyers Involved: K. A. Bakr, Attorney-General with Sultan Ahmed, Deputy Attorney-General, and A. W. Bhuiyan, Asstt. Attorney-General, instructed by B.Hossain,......e foregoing reasons, the appeals are allowed with costs. The order of the High Court Division is set aside and the writs are re-called. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 194 ......ngkolnimite...............Respondent (in C. A. 83 of 1979) Thai Ware Industry...............Respondent (in C.A. 84 of 1979) Judgment Dec 4. 1979. Lawyers Involved: K. A. Bakr, Attorney-General with Sultan Ahmed, Deputy Attorney-General, and A. W. Bhuiyan, Asstt. Attorney-Genera......e foregoing reasons, the appeals are allowed with costs. The order of the High Court Division is set aside and the writs are re-called. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 194 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 246