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Altaf Hussain Vs. Abul Kashem and others, 1993, 22 CLC (AD)
....s restored. All other appeals namely, Civil Appeals Nos. 35, 43, 54, 55, 56, 57, 58 and 64 of 1992 are dismissed. No Order as to costs. Ed. This Case is also reported in: 45 DLR (AD) (1993) 53. ......s restored. All other appeals namely, Civil Appeals Nos. 35, 43, 54, 55, 56, 57, 58 and 64 of 1992 are dismissed. No Order as to costs. Ed. This Case is also reported in: 45 DLR (AD) (1993) 53. ......o- AFM Shah Alam Vs. Mujibul Huq and others 41 DLR (AD) 68; Abdur Rab Mia Vs. Fazlur Rahman 43 DLR (AD) 23, AC Jose Vs. Sivan Pillai AIR 1984 SC 921. Lawyes Involved: Dr. Kamal Hossain, Senior Advocate, instructed by Mvi. Wahidullah, Advocate-on-Record- For the Appellant (In Civil Appeal...... and the next to the highest number of votes obtained was only one. According to respondent No. 8 of the writ petition he got 852 votes in that centre as declared by the Presiding Officer who however reduced his total by 5 votes and showed the reduced number, that is, 847 in the prescribed form whic..Category: Election Law | Date: | Hits: 117
Abu Taleb Vs. Government of Bangladesh and others, 1993, 22 CLC (AD)
....ect from February 19, 1987. 2. The Government set up an Inquiry Committee on March 1, 1987. The Committee submitted a report to the Government. On the basis of that report the appellant was compulsorily retired from service under the Public Servants Retirement Act, 1974 by an order of the......uary 19, 1987. 2. The Government set up an Inquiry Committee on March 1, 1987. The Committee submitted a report to the Government. On the basis of that report the appellant was compulsorily retired from service under the Public Servants Retirement Act, 1974 by an order of the President of......d others AIR 1953 Allahabad 416, Surendra Singh Vs. State of Uttar Pradesh AIR 1954 (SC) 194 at P 197, Faulad and another Vs. State AIR 1961 Allahabad P 326, Rukan Din Vs. Hafiz-ud-Din PLD 1962 Lahore 161, Sangam Lal Vs. Rent Control and Eviction Officer, AIR 1966 Allahabad (FB) 221; Jai Karan V......he matter is sent back to the Appellate Administrative Tribunal for rehearing by its Chairman and two Members. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 45 ..Category: Administrative Law | Date: | Hits: 125
AFM Naziruddin Vs. Mrs. Hameeda Banu, 1993, 22 CLC (AD)
....he suit building where he is now residing during his life Lime. With the above direction we dismiss the appeal. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 38 ......he suit building where he is now residing during his life Lime. With the above direction we dismiss the appeal. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 38 .........Appellant vs. Mrs. Hameeda Banu..................Respondent Judgment February 3rd, 1992 Cases Referred to- Hafiz Manzoor Vs. Md. Abdul AIR 1933 All. 942; Mathuri Vs. Bhola Nath AIR 1934 All 517(519); Hine Vs. Hine [1......he suit building where he is now residing during his life Lime. With the above direction we dismiss the appeal. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 38 ..Category: Property Law | Date: | Hits: 80
Abdul Baten Vs. Abdul Latif Sheikh and others, 1993, 22 CLC (AD)
....Division cannot be taken exception to. 9. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 26 ......Division cannot be taken exception to. 9. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 26 ..........................Respondents Judgment December 1st, 1992. Cases Referred to- ILR 44 Cal 47 & 19 DLR (SC) 36. Lawyers Involved: Moksum-ul-Hakim, Senior Advocate (Abdul Hamid, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on- Record -......Division cannot be taken exception to. 9. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 26 ..Category: Property Law | Date: | Hits: 56
State Vs. MM Rafiqul Hyder, 1992, 21 CLC (AD)
....0 in default RI for 6 (six) months more. The respondent is directed to surrender to his bail bond forthwith and serve out the sentence. Ed. This Case is also Reported in: 45 DLR (AD) (1993) 13. ......0 in default RI for 6 (six) months more. The respondent is directed to surrender to his bail bond forthwith and serve out the sentence. Ed. This Case is also Reported in: 45 DLR (AD) (1993) 13. ......dgment May 27, 1992. Cases Referred to- Waris Meah Vs. State PLD (1957) SC 157 & Meenakshi Mills Vs. Visvanatha Sastri AIR 1955 (SC) 13. Lawyers Involved: M Shamsul Alam, Deputy Attorney-General, instructed by Zinnur Ahmed, Advocate-on- Record-For the Appellant. Serajul Huq, ...... In the result, therefore, die appeal is allowed and the impugned judgment and order are set aside. The conviction of the respondent under section 25B(1) of the Act is maintained but the sentence is reduced to rigorous imprisonment for 7 (seven) years with fine of Tk. 50,000.00 in default RI for 6 ..Category: Criminal Law | Date: | Hits: 132
Solicitor, Government of Bangladesh Vs. A. T. Mirdha, 1974, 3 CLC (AD)
....e result, therefore, is that both the appeals are allowed and the orders passed by the High Court Division in Criminal Revision Case No. 264 of 1972 and 13 of 1973 are set aside Ed. ......e result, therefore, is that both the appeals are allowed and the orders passed by the High Court Division in Criminal Revision Case No. 264 of 1972 and 13 of 1973 are set aside Ed. ...... are set aside Ed. ......e result, therefore, is that both the appeals are allowed and the orders passed by the High Court Division in Criminal Revision Case No. 264 of 1972 and 13 of 1973 are set aside Ed. ..Category: Criminal Law | Date: | Hits: 125
Hafez Maulana Md. Noor-uddin Vs. State, 1974, 3 CLC (AD)
....ppointed; and be Collaborators Order was also a valid piece of legislation. We are unable accordingly to find any merit in these petitions. Both the petitions dismissed. Ed. ......ppointed; and be Collaborators Order was also a valid piece of legislation. We are unable accordingly to find any merit in these petitions. Both the petitions dismissed. Ed. ...... the petitions dismissed. Ed. ......ppointed; and be Collaborators Order was also a valid piece of legislation. We are unable accordingly to find any merit in these petitions. Both the petitions dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 63
Bangladesh Vs. Luxmi Bibi and others., 1994, 23 CLC (AD)
....lised. Subject to this reduction in amount and direction for payment, the appeal is dismissed without, however, any cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 158 ......lised. Subject to this reduction in amount and direction for payment, the appeal is dismissed without, however, any cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 158 ...... 28th, 1994. Cases Referred to- Ishaque Vs. Bangladesh 43 DLR (AD) 28; Tincowri Halder Vs. Nani Gopal Mondal, AIR 1960 Cal. 258; Kedar Nath Vs. Golam Hossain 40 CWN 83; Ramji Lal and ors. Vs. Giani and another, AIR 1921 Lab 250; Abdul Gafur Vs. Bangladesh 42 DLR (AD) 100. La......ken by the appellant before us have failed, we think that ends of justice of the matter will be met if the amount of compensation given by the Arbitrator, and upheld by the High Court Division, is reduced by 50%. We, therefore, reduce the amount of the award to Taka 17 (seventeen) lakh, minus th..Category: Procedural Law | Date: | Hits: 104
Chairman, Civil Aviation Authority of Bangladesh Vs. Kazi Abdur Rouf and others, 1994, 23 CLC (AD)
....e public? The writ petition itself was misconceived. For all the above reasons the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 145. ......e public? The writ petition itself was misconceived. For all the above reasons the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 145. ...... (1994) 145. ......e public? The writ petition itself was misconceived. For all the above reasons the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 145. ..Category: Property Law | Date: | Hits: 86
AKM Nurul Alam Vs. Bangladesh, 1993, 22 CLC (AD)
....rector at the Dhaka Office of the Civil Defence Directorate, was directed to show cause for making a false statement in his bio data that he passed the BA Examination. After inquiry the appellant was compulsorily retired on June 1, 1986 by an order under the authority of the President of the Republi...... Dhaka Office of the Civil Defence Directorate, was directed to show cause for making a false statement in his bio data that he passed the BA Examination. After inquiry the appellant was compulsorily retired on June 1, 1986 by an order under the authority of the President of the Republic. He preferr......and High Ways and Others …Respondent (In Civil Petition No. 346 of 1992) Judgment July 26, 1993. Result: The two appeals, CA Nos. 24 and 82 of 1992 are allowed. The Civil Petition for leave to appeal No.346 of 1992 is dismissed. The Administrative Tribunal Act, 1981 (VII of 198......he Act itself it is to be strictly followed. With the above observations. I agree with the ultimate order of my learned brother. Ed. This case is also reported in: 46 DLR (AD) (1994) 113. ..Category: Administrative Law | Date: | Hits: 129
Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)
....ree as the power to grant interest after passing of the decree vests exclusively in the court under section 29 of the Act. Ed. This case is also reported in: 46 DLR (AD) (1994) 97 ......oncerned. After fruitless negotiation over the Bills between the parties, the dispute was ultimately referred to an Arbitrator in terms of an arbitration clause (Clause No. 17) of the Agreement. A retired Judge of the Supreme Court was appointed the Arbitrator by mutual consent of the parties, a......on (Civil) Present: Shahabuddin Ahmed C J MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Bangladesh Agricultural Development Corporation (BADC), represented by its Secretary ....... Appellant (In both the appeals) Vs. ...... the Arbitrator by mutual consent of the parties, and the Arbitrator entered upon the arbitration proceeding from 30 June 1990 and gave his Award on 20 September 1990. By his award, the Arbitrator reduced the respondent's claim of Taka 24,51,570.00 to Taka 20,40,712.00 and thereon he allowed int..Category: Business or Commercial Law | Date: | Hits: 98
Sonali Bank Vs. Ruhul Amin Khan, 1993, 22 CLC (AD)
....f the respondent from service from the date of the order of dismissal. CA No. 51 of 1992 is dismissed. No cost in either case. Ed. This case is also reported in: 46 DLR (AD) (1994) 85. ......f the respondent from service from the date of the order of dismissal. CA No. 51 of 1992 is dismissed. No cost in either case. Ed. This case is also reported in: 46 DLR (AD) (1994) 85. ......o. 51 of 1992 is dismissed. The Constitution of Bangladesh, 1972, Article 117(1) The Administrative Tribunals Act, 1980 (Act No. VII of 1981) Section 4 A Tribunal is competent even to vary or modify an order including an order of punishment/sentence in exercise of its powers under section......f the respondent from service from the date of the order of dismissal. CA No. 51 of 1992 is dismissed. No cost in either case. Ed. This case is also reported in: 46 DLR (AD) (1994) 85. ..Category: Administrative Law | Date: | Hits: 143
Sher Ali (Md) and other Vs. State, 1994, 23 CLC (AD)
....llate Division must be obeyed without any criticism and comments as has been done in the present case. Ed. This case is also reported in: 46 DLR (AD) (1994) 67 ......llate Division must be obeyed without any criticism and comments as has been done in the present case. Ed. This case is also reported in: 46 DLR (AD) (1994) 67 ...... Vs. State, represented by the Deputy Commissioner, Mymensingh and another….Respondents Judgment March 8th, 1994. Lawyers Involved: Maksum-ul-Hakim, Senior Advocate (Zakir Hossain, Advocate with him) instructed by Md. Nawab Ali Advocate-on-record -For ......llate Division must be obeyed without any criticism and comments as has been done in the present case. Ed. This case is also reported in: 46 DLR (AD) (1994) 67 ..Category: Criminal Law | Date: | Hits: 98
Sonali Bank Vs. Karnaphuli Works Ltd., 1993, 22 CLC (AD)
....ation as per the existing bank rate when the sum due to the plaintiff was ascertainable by the Court after hearing the parties. Ed. This case is also reported in: 46 DLR (AD) (1994) 55. ......ation as per the existing bank rate when the sum due to the plaintiff was ascertainable by the Court after hearing the parties. Ed. This case is also reported in: 46 DLR (AD) (1994) 55. ......n (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Sonali Bank...............Defendant-Appellant Vs. Karnaphuli Works Ltd................. Plaintiff-Respondent Judgment November 29, 1993. Result: Th......siderably, in view of the fact that the plaintiff, by representing to the suppliers in Japan namely, Daihatsu Company, that these cars would be used by the University students, got the original price reduced from 8.70 lac Yen to 6.64 lac Yen per unit concession would go to the actual purchasers name..Category: Business or Commercial Law | Date: | Hits: 128
Rear Admiral AA Mustafa Vs. Bangladesh, 1994, 23 CLC (AD)
.... of the letter dated July 28, 1993 of the Controller General of Defence Finance, Ministry of Defence intimating him that payment of Special Additional Pension was not available to him, because he was compulsorily retired from service due to inefficiency. It is contended that had the High Court Divis......h Court Division, Dhaka in Writ Petition No. 64 of 1992). Judgment MH Rahman J.- On June 4, 1991 the petitioner, Rear Admiral AA Mustafa, the erstwhile Chief of Naval Staff of Bangladesh, was retired by the order of the President from his service in the Bangladesh Navy under Rule 14(5) of th......h Court Building, Dhaka .................... Respondent Judgment November 23rd, 1993. Cases Referred to- Venkata Rao Vs. Secretary of State AIR 1937 PC 31, Bangladesh Small Industries Corporation Vs. Mahbub Hossain Chowdhury 29 DLR (SC) 41, JamiI Haq Vs. Bangladesh, 34 DLR (AD) 125, M...... 103 of the Constitution. The cases cited on behalf of the petitioner has no relevance in the instant case. The petition is dismissed. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 43...Category: Employment/Service Law | Date: | Hits: 107
Bangladesh Shilpa Rin Sangstha Vs. Haque Brothers (Carbide) Ltd., 1994, 23 CLC (AD)
....find that our judgment does not need a review. The review petitions are accordingly dismissed. No costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 39 ......find that our judgment does not need a review. The review petitions are accordingly dismissed. No costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 39 ......s. Haque Brothers (Carbide) Ltd. …………..Respondent [In both the cases] Judgment August 5, 1993. Lawyers Involved: Rafique-ul-Huq, Senior Advocate (Tofazzal Islam, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-R......of the argument during the trial of the miscellaneous case before the learned Additional District Judge, 5th Court, Dhaka the petitioner by an amendment of the petition under Order VI, rule 17 CPC reduced the claim to Tk. 26,01,027.33 equivalent to US $ 1,66,765.66 on the ground that during pend..Category: Banking Law | Date: | Hits: 125
Abdul Bari Sarker Vs. Bangladesh, 1994, 23 CLC (AD)
....d to his case. Subject to the observations made above, the Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 37 ......o. 95 of 1993). Judgment: Shahabuddin Ahmed CJ.- Petitioner, a retired Judge of the High Court Division of the Supreme Court, was appointed Chairman of the Settle......p; Respondent Judgment November 28th, 1993. Lawyers Involved: Md. Mohsin Rashid, Advocate (appeared with leave of the Court), instructed by MG Bhuiyan, Advocate-on-Record -For the Petitioner. Not represented- Respondents. Civil Petition for Leave to A......d to his case. Subject to the observations made above, the Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 37 ..Category: Employment/Service Law | Date: | Hits: 73
Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)
....e 4(1) (Kha) and 5(2) of the impugned Rules of 1990 cannot be declared to be void as those are not violative of the fundamental rights. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 19. ......ospective effect. In support of this contention he has referred to the case of Manzoor Qadir, 22 DLR (SC) 65. In that case right of legal practice was given by the President's Order No. 21 of 1962 to retired Judges of the High Court, who had been Advocates prior to their elevation to the Bench. The ...... Present: Sahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh, represented by the Secretary, Ministry of Communications, Road and Road Transport Division and another …………Appellants (In Civil Appeal Nos. 44, 45 & 48 of 1992) Mi......r promotion. In the instant cases, the impugned Rules did not deprive the writ petitioners of their right to be considered for promotion. At best they may say that their chance for promotion has been reduced to a great extent thereby. Reduction of chance of promotion does not amount to deprivation o..Category: Employment/Service Law | Date: | Hits: 97
Momtazuddin and another Vs. Yakub Ali, 1993, 22 CLC (AD)
....uddin Ahmed, learned Advocate for the appellants, firstly, submitted that the learned Judge was in error in thinking that an application was required to be filed under section 5 of the Limitation Act compulsorily without which delay cannot be condoned. Secondly, the learned Judge erred in holding th......f limitation will remain open for decision at the hearing of the appeal and the respondent is free to take all legitimate objections. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 13. ......ion Act, 1908 (IX of 1908), Section 5 (i) The view taken by the High Court Division in the case of Chowdhury Saifuddin Ahmen vs. Shamsuddin, 40 DLR 10 that it is not absolutely essential that a formal application must be filed for condonation of delay though approved by the Appellate Division s......f limitation will remain open for decision at the hearing of the appeal and the respondent is free to take all legitimate objections. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 13. ..Category: Procedural Law | Date: | Hits: 121
Bangladesh Bank and others Vs. Mohammad Abdul Mannan, 1994, 23 CLC (AD)
....unal is set aside and that of the Administrative Tribunal is restored. Parties are to bear their respective costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 1. ......unal is set aside and that of the Administrative Tribunal is restored. Parties are to bear their respective costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 1. ......dul Majid Vs. Mushafee Ahmed 17 DLR (SC) 63; Gholam. Sarwar Vs. Pakistan PLD (1962) SC 142; Dr Nurul Islam Vs. Bangladesh 33 DLR (AD) 201; PL Dhingra Vs. Union of India AIR 1958 (SC) 36 & BSI Corporation Vs. Mahbub Hussain 29 DLR (SC) 41; West Bengal State Electricity Board and others Vs. De......unal is set aside and that of the Administrative Tribunal is restored. Parties are to bear their respective costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 1. ..Category: Administrative Law | Date: | Hits: 149
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