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Mansur Ali Vs. Bangladesh and another, 1977, 6 CLC (AD)
.... Judgment Kemaluddin Hossain J.- In this appeal the question of law involved is, whether the appellant who is a government officer and therefore a public servant and was on deputation on foreign service basis to serve the Chittaranjan Cotto...... For the reasons we allow the appeal, set aside the orders of the High Court Division, accept the reference of the Sessions Judge Dacca, and quash the proceedings. Ed. ..Category: Employment/Service Law | Date: | Hits: 81
Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
....lal vs. Jaganaath of the Calcutta High Court, Sinha, C.J. (A.K. Mokherjee concurring) after a review of a decisions of the sub-continent sum-his conclusions in the following- "(1) In the case of a public limited Company registered under the (Companies) Act, the Company is a separate entity from......er to set aside the sale. The result, therefore, is that this appeal is dismissed. There shall, however, be no order as to costs. Ed. This Case is also Reported in: 29 DLR (SC) (1977) 185. ..Category: Property Law | Date: | Hits: 118
Bangladesh and another Vs. M/S. A. T. J. Industries Ltd. and others, 1977, 6 CLC (AD)
....ol, Management and Disposal) Order, 1972 (P.O. 16 of 1972), and the company was put under the management of an Administrator. In the course of representations by the Company for its release, a public notice was advertised in the daily newspaper on August 25, 1974 for the sale of the Company ......show its lawful authority to dispossess forcibly the company from the property upon an alleged plea of cancellation of the lease. For these reasons this petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 57
Kumar Ram Narain Roy Chowdhury & anr. Vs. Sonatannessa Bibi & ors., 1977, 6 CLC (AD)
....amination of witnesses in India, whether or not there is any reciprocal arrangement between Bangladesh and India for examination of witnesses on commission. 6. As the matter is of public importance, the learned Attorney-General was requested to appear in this case to assist the ......e, is that the appeal is allowed, and the order of the Subordinate Judge dated 31-5-75 is set aside. There shall not however be any order as to costs in this appeal. Ed. ..Category: Civil Law | Date: | Hits: 108
Mosharraf Hossain Vs. Bangladesh Jute Industries Corporation and others, 1977, 6 CLC (AD)
....was wrong in holding that the balance of convenience and inconvenience lay in favour of the grant of temporary injunction. It is to be observed that where the question of the smooth working of public administration or national economy is involved, the rule of balance of convenience......gned order has anything to do with the non-suiting of the plaintiff, if he has an arguable case on merit. For these reasons we find no merit in this petition. It is dismissed. Ed. ..Category: Procedural Law | Date: | Hits: 107
Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)
....m, and whereas it is just to relieve all such Hindus from the said legal incapacity and removal of all obstacles to the marriage of Hindu widows will tend to the promotion of good morals and public welfare, the enactment, is made. The immediate cause of this enactment, as is recited......nbsp; ..Category: Property Law | Date: | Hits: 59
Bangladesh Vs. Abdul Khaleque and ors., 1977, 6 CLC (AD)
....;missioner in the manner provided in the section. Sub-section 5(1 a) says, that the Deputy Commissioner shall if he considers, the acquisition of any requisitioned property is expedient for a public purpose, he may cause a public notice to be given, stating that the property is propose......he matter in the manner indicated above. The appeal No. 26 of 1976 subject to the observation made above is dismissed. We however make no order as to costs in all the appeals. Ed. ..Category: Property Law | Date: | Hits: 70
Akhtar Hossain Khan & others Vs. The State, 1977, 6 CLC (AD)
....created under P. O. 50 but new forum was also created for trial of those offences. The learned counsel urged that after a lapse of certain period since the enactment of P. O. 50 there was a strong public demand for repeal of P. O. 50 as the object and reasons for which P. O. 50 was enacted were ......which charge-sheet has been, submitted and cognizance has been taken under P.O. 50 after its repeal is' be tried by the Special Magistrate or the Special Tribunal as the case may be. Ed. ..Category: Criminal Law | Date: | Hits: 113
Serajuddin Bepari & ors Vs. Mizanur Rahman & ors, 1977, 6 CLC (AD)
.... and this had been done in violation of the instructions contained in the Government Estate Manual and this amounts to the creation of a new hat. A new hat could not be established except by a public auction, whereas the Additional Deputy Commissioner had granted permission to Respondents 1 ...... must claim, inter alia, a legal right, and allege an injury which is not ordinarily reparable by monetary compensation; with these observations, these petitions are dismissed. Ed. ..Category: Civil Law | Date: | Hits: 106
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
....) Supervision in respect of distribution of ration cards by the Y. D. Cs and checking up of the statements and returns thereto to apprise J. D. Y. (P & A) of the weekly progress; (3) Attending to public complaints and investigation of the same as and when necessary with the approval of J. D. Y......e the scope of the leave order and so we abstain from entering into it. In the result this appeal is dismissed with no order as to cost. Ed. This Case is also Reported in: 29 DLR (SC) 41. ..Category: Employment/Service Law | Date: | Hits: 170
Managing Director, Janata Bank Vs. Hafijuddin Ahmed and others, 1977, 6 CLC (AD)
....titled to a show cause notice before his dismissal, whether there is any statutory justice rule or not, and also because of the cumulative effect of diverse legislative enactments his service has a public character. The Respondent No. 1 is, therefore, entitled to a legal character and can ma......sons set out in Civil Appeal No. 9 of 1975 and they need not be repeated here. With the modification set out above the appeal is dismissed without any order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 70
A.K.M. Muklesur Rahman Vs. Govt. of Bangladesh, 1977, 6 CLC (AD)
....the High Court Division found that all the detention orders had been made with a view to preventing the detenu from acting in a manner prejudicial to the security or interest of Bangladesh or the public safety or the maintenance of law and order." 3. It was contended before the High...... forthwith. We cannot, therefore, agree that the reasons shown by the petition for condonation of delay are at all satisfactory. The petition is, accordingly, dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 69
Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)
....dinance III of 1965, the learned Attorney-General has rightly abandoned the point, as the governing law will be two years average in terms of the amended law and in force before the final publication of the notification under clause (h) of sub-section (4). 6. The al......rder as to costs the decision of the High Court is set aside and the case is sent back to the High Court Division for treating the matter as an appeal and dispose it of accordingly. Ed. ..Category: Property Law | Date: | Hits: 135
Government of Bangladesh Vs. Member, Administrative Tribunal, Dhaka and others, 2001, 30 CLC (AD)
....bsp; Government of the Peoples Republic of Bangladesh represented by the Secretary, Ministry of Home Affairs, Dhaka...... ................hat view of the matter, we no merit in this petition and the same is accordingly dismissed Ed. This Case is also Reported in: 53 DLR (AD) (2001) 112. ..Category: Administrative Law | Date: | Hits: 132
Mozibur Rahman Moznu (Md) Vs. Abdul Halim and others, 2001, 30 CLC (AD)
....votes of the respective candidates and that according to the consolidated result the appellant got 2961 votes and respondent No.1 got 2751 votes and the same was sent to the Election Commission for publication of the result. The appellant was declared elected Chairman of No.3, Citholia Union Par......y respondent No.6, Returning Officer, declaring the appellant (respondent No. 8 in the writ petition) elected Chairman, stating, inter alia, that election of No.3, Citholia Union Parishad was held peacefully in all Centres on 1-12-1997 except in the centre in Aloka Government Primary School Cen..Category: Election Law | Date: | Hits: 124
Rajdhani Unnayan Kartipakhya and another Vs. Mohshinul Islam and another, 2001, 30 CLC (AD)
....n Improvement Act, 1953 under which RAJUK was constituted. 4. The preamble of the Act was to provide for the development, improvement and expansion of the Capital of the Republic and Narayanganj and Tongi Municipalities and certain areas in their vicinity and the Constit...... The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 79. ..Category: Property Law | Date: | Hits: 56
Bangladesh Bank and others Vs. Zafar Ahmed Chowdhury and another, 2001, 30 CLC (AD)
....ed by the present petitioners that the writ petitioner obtained illegal financial benefit from UCBL between 1-9-1997 and 20-8-1999 causing obstruction in the management of the bank which is against public interest and also against the interest of the customers and depositors. It is the further ca......this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 70. ..Category: Business or Commercial Law | Date: | Hits: 131
Abul Khair (Md) Vs. Pubali Bank Ltd and another, 2000, 29 CLC (AD)
....gned judgment and order. The submissions of the learned Advocate do not merit any consideration. The petition is dismissed. Ed. This Case is also Reported in:53 DLR (AD) (2001) 62. ......gned judgment and order. The submissions of the learned Advocate do not merit any consideration. The petition is dismissed. Ed. This Case is also Reported in:53 DLR (AD) (2001) 62. ..Category: Civil Law | Date: | Hits: 105
Government of Bangladesh Vs. Nurul Haque Miah and another, 2001, 30 CLC (AD)
....the facts of this case. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 59. ......the facts of this case. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 59. ..Category: Administrative Law | Date: | Hits: 93
State Vs. Faisal Alam Ansari, 2001, 30 CLC (AD)
....cordance with law” as mentioned in Article 32 of the Constitution not only refers to criminal law but also civil law which provides for arrest and detention for recovery of decreetal dues and public dues………………(10) Lawyers Involved: ......ntly, the appeal is allowed and the impugned judgment and order set aside. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 43. ..Category: Criminal Law | Date: | Hits: 68