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Bangladesh Parjatan Corporation Vs. Mofizur Rahman and another, 1993, 22 CLC (AD)
.... delay. In the result, the appeal succeeds, the impugned judgment and order are set aside but there will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 46. ......ngs contradictory to each other. Now the facts of the case may be noticed in details. Respondents No. 1 in his writ petition No.1990, inter alia, averred that while working as a Journalist in the Pakistan Observer (nor Bangladesh Observer) he was selected by the Central Public Service Commission...... delay. In the result, the appeal succeeds, the impugned judgment and order are set aside but there will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 46. ..Category: Employment/Service Law | Date: | Hits: 126
Rear Admiral AA Mustafa Vs. Bangladesh, 1994, 23 CLC (AD)
.... 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........ The petitioner is now seeking leave against the impugned order dated January 19, 1992 of the High Court Division summarily rejecting his writ petition. His case is that he got his Commission in the Pakistan Navy on May 10, 1963 and he was awarded the Sword of Honour, being the best all round Midsh...... 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 Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)
....ing Public Works, Composition and Cadre Rules, 1980 is referred to in this judgment. Rule 3 thereof describes the constitution of the Service; sub‑rule (2) includes three Classes of persons who are members of the Service. Sub‑rule 2(a) includes persons who were members of the erstwhile Pakistan ......te of Haryana, AIR 1987,(SC) 415; Manzoor Qadir, 22 DLR (SC) 65, Mujibur Rahman Vs. Bangladesh, 44 DLR (AD) I 11; Sk. Abdus Sabur Vs. Returning Officer, 41 DLR (AD) 30; Jibendra KA Chowdhury Vs. East Pakistan, 9 DLR (SC) 21 and Pravakaran Vs. State of Tamil Nadu, AIR 1987 (SC) 2117; Abdul Majid Vs. ......declared ultra vires the Constitution as these Amendments sought to take away the appellant's "accrued right" of seniority with retrospective effect. It was observed: "The persons who joined the Army during the emergency as commissioned officers and who after serving the Indian Army for more ..Category: Employment/Service Law | Date: | Hits: 97
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. ......uly 12, 1993. Cases Referred to- Abdul Hannan Sikder and Ershad Ali Vs. Bangladesh Bank 31 DLR (AD) 298; Abdul 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 ......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
Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)
....t and order dated 6-2-2000 passed by the High Court Division in Writ Petition No. 937 of 1995 discharging the Rule and vacating the order of injunction issued therein. 2. The petitioner, a member of central reorganising committee of Jatiya Samajtantric Dal (JSD) having its office at 35-3......this order. The respondent Nos. 1 and 5 are directed to stop construction of the multi-storied building and to demolish the structure, if any, already constructed. Ed. ......this order. The respondent Nos. 1 and 5 are directed to stop construction of the multi-storied building and to demolish the structure, if any, already constructed. Ed. ..Category: Environmental Law | Date: | Hits: 293
Sheikh Farid (Md) & others Vs. Abdul Wadud Sikder and others, 2006, 35 CLC (AD)
....n money Taka 600. It was the case of the plaintiff that after executing bainapatra and receiving the part of the consideration money Karuna Moyee Dasi left the then East Pakistan for India with the members of her family and started living there, that Karuna Moyee Dasi executed a Power of Attorne......balance of the consideration money Taka 600. It was the case of the plaintiff that after executing bainapatra and receiving the part of the consideration money Karuna Moyee Dasi left the then East Pakistan for India with the members of her family and started living there, that Karuna Moyee Dasi ......is lack of evidence to show that he possessed the land denying title of Karuna Moyee Dasi or her sons to their knowledge. Accordingly, the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 59
Kader Textiles (Pvt) Ltd. and another Vs. Md. Lehajuddin Miah, and others, 2006, 35 CLC (AD)
....aking profit but the Managing Director and the majority shareholders were telling that the company was running at a loss and it did not disclose any dividend and even the minority members were not allowed any access to the account of the company and a salish was held on 18th Aug......ection 233 of the Company law and thus in passing the impugned judgment and order. Therefore, we do not find merits in this leave petition. Accordingly, this leave petition is dismissed. Ed. ......ection 233 of the Company law and thus in passing the impugned judgment and order. Therefore, we do not find merits in this leave petition. Accordingly, this leave petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 86
Supreme Court of Bangladesh, Appellate Division, Dhaka Vs. Election Commission, 2006, 35 CLC (AD)
....er the care-free manner in which the learned counsel made the submissions. The Judges of the Appellate Division expect more circumspection undertaken on the part of the learned Counsel as a senior member of the Bar and the Court sound word of caution to him for the future………......Senior Member of the Bar and also as an Officer of this Court and we sound word of caution to him for the future. With the aforesaid observations, the Rule is disposed of. Ed. ......Senior Member of the Bar and also as an Officer of this Court and we sound word of caution to him for the future. With the aforesaid observations, the Rule is disposed of. Ed. ..Category: Election Law | Date: | Hits: 108
Rajdhani Unnayan Kartripakha Vs. Abdul Jakir and others, 2006, 35 CLC (AD)
...., therefore, allowed. The impugned judgment and order of the High Court Division is set aside. Resultantly the suit stands dismissed. Parties do bear their respective costs. Ed. ...... favour of the previous owner…….(35) Cases Referred to- Nur Muhammad vs. Moulvi Mainuddin 39 DLR (AD) 1; Mian Muhammad Latif vs. Province of West Pakistan, PLD 1970 SC 180; Al-Haj Abul Basher being dead his heirs Hosne Ara Begum vs. Bangladesh 5......, therefore, allowed. The impugned judgment and order of the High Court Division is set aside. Resultantly the suit stands dismissed. Parties do bear their respective costs. Ed. ..Category: Property Law | Date: | Hits: 51
Abdul Kader Vs. Secretary, Election Commission and others, 2006, 35 CLC (AD)
....t of loans taken from State-owned banks, the national economy has been badly affected. One of the functions of Union Parishad is to help collection of Government dues, rents and taxes. Besides, members of the Union Parishad are directly involved in financial transaction in the course of thei......f their duties." 8. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. The petition is dismissed Ed. ......f their duties." 8. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. The petition is dismissed Ed. ..Category: Election Law | Date: | Hits: 106
Sec., Min. of Food, Government of BD & ors Vs. Md. Sirajuddin Ahmed & ors, 2006, 35 CLC (AD)
....aka 3,000 in favour of the plaintiff-respondent No. 1 within two months from the date of receipt of this order by the trial Court, in default, this appeal shall stand dismissed. Ed. ......Kaknorak Company which used to deal in jute in the matter of construction of Jute Godown and excavation of canal; that subsequently, the said company became defunct and the then Government of East Pakistan, filed three certificate cases Nos. 3 of 60-61, 9 of 60-61 and 12 of 60-61 against the sai......aka 3,000 in favour of the plaintiff-respondent No. 1 within two months from the date of receipt of this order by the trial Court, in default, this appeal shall stand dismissed. Ed. ..Category: Property Law | Date: | Hits: 66
AHS Rahman Vs. State, 2006, 35 CLC (AD)
...., no tender was called for appointing the consultant. That on inspection of the said Ministry's file No. PT. Shaka-5/4-6/98 (Part-2) held on 30-3-1999 it is revealed that committee opined that as the members of the Committee are all engaged in important Government assignment the necessity of a consu......World Tel Holding Ltd. Bermuda, (2) China Telecom Consortium (Joint Venture of three companies) and (3) Joint Venture between Karnaphuly Ltd Bangladesh, HRC, Bangladesh Ltd. and Telecom Foundation of Pakistan. That on inspection of Post and Telecommunication Ministry file No. PT/Shakha 5/4-6/98(Part......o that effect the charge-sheet has been submitted, we find no substance in the submission of the learned Counsel for the petitioner for quashing the proceedings. The petition is dismissed. Ed. ..Category: Anti-Corruption Laws | Date: | Hits: 89
Bangladesh Agricultural Development Corporation (BADC) Vs. AKM Abdus Salam & ors, 2006, 35 CLC (AD)
....se. We are fully in agreement with the above finding of the High Court Division. In such view of the matter, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......writ-petitioner-respondent for promotion, contending, inter alia, that the petitioner-respondent is a Diploma Engineer and on his appointment as Sub-Assistant Engineer under the erstwhile East Pakistan Agricultural Development Corporation (EPADC), he joined his service on 30-10-1967. He was......se. We are fully in agreement with the above finding of the High Court Division. In such view of the matter, this petition merits no consideration. Accordingly, it is dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 66
Government of Bangladesh Vs. Amora Holding Inc. Panama and other, 2006, 35 CLC (AD)
....e was served upon the said Captain and the Chief Officer of MV Alba by the Collector of Customs to show cause as to why penalty would not be imposed on them for smuggling. The Captain and the crew members replied to the show cause notice denying all the allegations stating that as per instructio...... not sustainable in law and the same is accordingly, set aside and accordingly, the Rule is recalled. In the result, the appeal is allowed without any order as to costs. Ed. ...... not sustainable in law and the same is accordingly, set aside and accordingly, the Rule is recalled. In the result, the appeal is allowed without any order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 96
Abdur Rashid Mollah Vs. Bangladesh, 2003, 32 CLC (AD)
.... affirmed an affidavit before Magistrate, 1st Class, Dhaka declaring that she was a permanent resident of Bangladesh and also declared her intention to live in Bangladesh along with her entire family members for the remaining period of her life. On being refused by the successors of the deceased Abd...... 24/10, Block-C, Tajmahal Road, Mohammadpur, Dhaka. 2. The case of the appellant is that the case property previously belonged to Abdul Hafiz who got the same from the Government of the then East Pakistan by registered deed of lease dated 15-1-69 and constructed a tin shed house and lived there.......r the appellant in the case of Bangladesh vs. Amena Khatun reported in 55 DLR (AD) 55. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 108
Begum Shamsunnahar Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....nbsp;7-1-95 ing tarikhe amar dayittobhar prodaner jonno aabedan janai;19-1-1995 tarikhe jothajotho Kartipokher maddhome preroner jonno Appeal dakhila kari” Therefore, the majority members of the appellate Tribunal committed wrong in observing that the appellant did not at all pr...... and non-consideration of the materials on record arrived at an erroneous decision requiring interference by us. Accordingly, the appeal is allowed without any order as to costs. Ed. ...... and non-consideration of the materials on record arrived at an erroneous decision requiring interference by us. Accordingly, the appeal is allowed without any order as to costs. Ed. ..Category: Administrative Law | Date: | Hits: 128
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
....ila Parishad". Among other things, the, Ordinance (No. 59 of 1982) provided for constitution of a local body, Upazila Parishad, for each Upazila to consist of an elected Chairman, some representative members namely, Chairmen of Union Parishads, some nominated members, such as woman and some official......of were made the “constituency" for election of members of the National Parliament as well as of the President of the country. All these bodies functioned till Bangladesh achieved Independence from Pakistan in 1971‑72. 16. Immediately after Independence the President made and promulgated ...... down the Repealing Ordinance as void under Article 7(2) of the Constitution in the face of clear constitutional mandate of Article 8(2). Ed. This Case is also Reported in: 44 DLR (AD) 319. ..Category: Constitutional Law | Date: | Hits: 655
Saleem Ullah Vs. The State, 1992, 21 CLC (AD)
....pect for the Court." "But whether the authority and position of an individual Judge or the due administration of justice is concerned, no wrong is committed by any member of the public who exercising the ordinary right of criticising in good faith in private or ......nd the judgment and decree of the Court below was confirmed with some modification. Due title of the plaintiffs was confirmed. Thereafter the defendants preferred appeal to the Supreme Court of Pakistan but the same was dismissed as they did not proceed with the appeal." ......r updating the law of Contempt of Courts in the light of our Constitution, recent changes in media communications, and practice in comparable jurisdictions in other countries. Ed. ..Category: Criminal Law | Date: | Hits: 141
Controller of Examinations, University of Dhaka and others Vs. Mahinuddin & ors, 1992, 21 CLC (AD)
....College Centre. On certain allegations of adoption of unfair means in the examination the appellants withheld the result of 425 examinees including the respondents. The appellants appointed a seven member Committee to enquire into the allegations. They also asked the Principal of the College and o......minees who did not challenge it is sustainable in law. Obvious answer is in the negative. Parties will bear their own cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 305. ......minees who did not challenge it is sustainable in law. Obvious answer is in the negative. Parties will bear their own cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 305. ..Category: Constitutional Law | Date: | Hits: 169
Qazi Karnal Vs. Rajdhani Unnayan Kartripakha and another, 1992, 21 CLC (AD)
....bsolute and it is hereby directed that the name of the appellant be mutated in place of the original lessee Md. Abdul Matin, in the relevant registers and papers of the respondents. Ed. ......bsolute and it is hereby directed that the name of the appellant be mutated in place of the original lessee Md. Abdul Matin, in the relevant registers and papers of the respondents. Ed. ......bsolute and it is hereby directed that the name of the appellant be mutated in place of the original lessee Md. Abdul Matin, in the relevant registers and papers of the respondents. Ed. ..Category: Property Law | Date: | Hits: 110