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M. A. Hai Md. Wazed Ali Miah & Md. Moslem Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (AD)
....line and Appeal) Rules for their employees and that they applied these Rules in drawing he proceedings, holding enquiries and in issuing second show cause notices; as such they are bound to apply the rules for concluding the proceedings. the High Court Division however upheld the other contention of..Category: Employment/Service Law | Date: | Hits: 112
Md. Insan Ali Vs. Mir Abdus Salam, 1987, 16 CLC (AD)
....s examination as a witness is not mandatory, although the court may at its discretion call him as a witness. This question as to examination of the process - server when the summons is served under rules 17 and 19 of Order V, has been decided by this Court in the cases of Santosh Kumar Chakraborty..Category: Procedural Law | Date: | Hits: 89
Category: Criminal Law | Date: | Hits: 88
Bangladesh Vs. Md. Afzal & others, 1988, 17 CLC (AD)
....of supersession, vest in the Government. (3) On the expiry of the period of supersession the Paurashava shall be reconstituted in accordance with the provisions of this Ordinance and rules." This is the extreme measure that can be taken by way of superseding the Paurashava. 27..Category: Election Law | Date: | Hits: 118
Government of Bangladesh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)
....nment which decision shall be final. 4. The Government may, upon an application made to it in this behalf in the manner prescribed, grant citizenship to any person. 5. The Government may make rules for carrying out the purposes of the Order. 18. The respondent although mentioned that his ..Category: Immigration and Citizenship Law | Date: | Hits: 214
M/s Binning & Co.(Bangladesh) Ltd. Vs. M/s Nasirabad Properties Ltd., 1988, 17 CLC (AD)
....escence I am inclined to take the view that in the facts of this case, a case of waiver has been made out. 30. Mr. Sen took the ground that the waiver was not pleaded in the written-statement. The rules of pleading do not require the question of fact to be narrated in the pleading which can be es..Category: Tenancy Law | Date: | Hits: 109
Category: Business or Commercial Law | Date: | Hits: 95
Amirul Islam Vs. Sec, Min. of Land Administration & Land Reforms, Bangladesh, 1988, 17 CLC (AD)
....e modified and recalled for which no exception could be taken. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 52 ..Category: Property Law | Date: | Hits: 49
Sr. Manager, M/s. Dosta Tex Mills Ltd., Ranirhat, Feni & ors Vs. Sudhansu B Nath, 1988, 17 CLC (AD)
....by the Subordinate Judge, Feni; the suit was decreed on a finding that the plaintiff-respondent was not a "worker" but was an employee of the Corporation and was governed by the Corporation's Service rules. The defendant came with a revisional application before the High Court Division but it was di..Category: Labour and Industrial Law | Date: | Hits: 122
Rahima Akhter and others Vs. Asim Kumar Bose and others, 1988, 17 CLC (AD)
....nate legislation and the Statute lies in the fact that a subordinate law making object is bound by the terms and its gated or derived authority and courts of law as a rule will not give effect to the rules etc. made unless satisfied that all the conditions precedent to making of the rules have been ..Category: Property Law | Date: | Hits: 47
Mohammad Mobarak Hossain and others Vs. Mohammad Mustafa Hossain and others, 1988, 17 CLC (AD)
....rt Division correctly refused to interfere with the discretionary order passed by the lower court. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 20 ..Category: Civil Law | Date: | Hits: 94
Md. Mostafa Hossain Vs. Sikder Md. Faruque and another, 1988, 17 CLC (AD)
....he is not a person competent to file election petition against a returned candidate. An election petition is filed to question the election itself, whether it has been properly held, according to the rules and procedures, or whether any corrupt practices have been adopted by any candidate. In the ma..Category: Election Law | Date: | Hits: 132
Kalitara Biswas Vs. Mrinal Kanti Biswas and others, 1987, 16 CLC (AD)
....t below are set aside and that of the trial Court is restored. The original suit will now proceed expeditiously from the stage where it was left. There will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 32
Sonali Bank, Local Office, Dhaka Vs. Gazi Abdur Rashid & others, 1987, 16 CLC (AD)
....ection 35A which, according to Mr. Asrarul Hossain, became useless and inoperative. Is it possible to hold that the Legislature was not aware of section 35A while amending the Schedules? According to rules of construction, it must be presumed that the Legislature is in full knowledge of all existing..Category: Procedural Law | Date: | Hits: 124
Priyatosh Talukdar Vs. Asst. Custodian, Vested & Non-Resident Propty, Ctg & ors., 1987, 16 CLC (AD)
....nt Custodians of Enemy Property for such local areas as may be prescribed and may by order:— (a) require the payment to the prescribed Custodian of money which would but for these rules be payable to or for the benefit of an enemy firm or which would but for the provisions..Category: Property Law | Date: | Hits: 70
Bangladesh Biman Corporation Vs. Syed Aftab Ali and others, 1987, 16 CLC (AD)
....ion 30 of the Bangladesh Biman Corporation Ordinance, 1977 the appellant Corporation framed Regulation on 20th December 1979 for the purpose of regulating the services of Biman employees All previous rules and regulations were superceded by these Service Regulations. 4. For determining the senior..Category: Employment/Service Law | Date: | Hits: 97
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
....ulpatory element is not inherently incredible, the court cannot accept the inculpatory element and reject the exculpatory element. According to the Full Bench of the Allahabad High Court the two rules above stated had been applied during the last one hundred years and the Full Bench answered th..Category: Criminal Law | Date: | Hits: 124
Md. Ayub Vs. Bangladesh, 1987, 16 CLC (AD)
.... appeal is, therefore, allowed in part and the impugned order of the High Court Division adding respondent No. 7 as a party is set aside. There will, however, be no order as to cost. Ed. ..Category: Property Law | Date: | Hits: 31
Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
....897 regulated the protection and conservation of fish. The East Bengal Protection and Conservation of Fish Act 1930 repealed Fishery Act 1897 and by section 3 the Government was empowered to make rules for protection of fish and the breach of any such rule is to be visited by penalties. In 1959 ..Category: Property Law | Date: | Hits: 87
Nur Muhammad & others Vs. Moulvi Moinuddin Ahmed & others, 1986, 15 CLC (AD)
....s possession on setting aside an order of requisition of the suit property under section 3 of the (Emergency) Requisition of Property Act, 1948. Plaintiffs also filed an application under Order 39, rules 1 and 2 read with section 151 of the Code of Civil Procedure for temporary injunction restrain..Category: Property Law | Date: | Hits: 48