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Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
....2B of the Order and the learned Attorney‑General having accepted the position, I refrain from saying anything on this score. Ed. This case is also Reported in: 46 DLR (AD) (1994) 192. ......nd prevailed upon him not to recognise Bangladesh or give any assistance to her. On 23 March 1992 he was lawfully asked to show cause why he should not be externed from Bangladesh and why other legal actions should not be taken against him. 5. In his affidavit‑in‑reply the respondent reitera..Category: Immigration and Citizenship Law | Date: | Hits: 522
Rupali Bank Ltd. Vs. Tobacco Industries Ltd. and others , 1994, 23 CLC (AD)
....petitioner bank, which should better take action against its own wrong doers, if any. The Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 190 ......the names of the defendants guarantors. The High Court Division found that the order dated 12 June, 1990, striking these defendant's names was passed in presence of the petitioner's lawyer, but no action was taken within 10 months after which the review Petition was filed and further that in the..Category: Banking Law | Date: | Hits: 106
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 ......nce that the notice was published under section 5(1) or serve under section 5(3), took the average of the value during the twenty‑four months preceding the date of acquisition. Legally, this action is not defendable; in a previous case, Abdul Gafur Vs. Bangladesh 42 DLR (AD) 100, we also m..Category: Procedural Law | Date: | Hits: 104
Abdul Mannan alias Manu Vs. Sajedul Hoque and others, 1994, 23 CLC (AD)
....out any order as to costs. The impugned order of the High Court Division is set aside and the Writ Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 138 ...... instructed to oppose the Rule Nisi and their submission in the Court to the contrary was without authority for which they have already filed an application to the Bar Council for taking necessary action against the learned Advocates. Leave was also granted to consider the appellant's submission..Category: Election Law | Date: | Hits: 136
Helaluddin Ahmed alias Swapan. Vs. Bangladesh, 1993, 22 CLC (AD)
....thout any order as to cost (in CA No. 51/89). The petition for leave to appeal No. 119/91 is also dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 01 ......on (7th Amendment) Act 1986 (Act 1 of 1986). Sub‑para (2) of Paragraph 19 which is relevant for our present purpose reads thus: "All orders made, acts and things done, and actions and proceeding taken, or purported to have been made, done or taken, by the President or t..Category: Constitutional Law | Date: | Hits: 174
Abdul Aziz Vs. Abdul Majid, 1994, 23 CLC (AD)
....he basic reason why a notice under section 106 of the Transfer of Property Act is mandatory in a case of eviction under the Ordinance. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 121. ...... Act, as the landlord merely wanted the tenant to quit and vacate on the expiry of the term of lease. The trial Court then hold that in any view of the matter no notice to quit is necessary where the action of ejectment is brought after the term of the lease has expired and the tenancy has come to a..Category: Tenancy Law | Date: | Hits: 87
AKM Nurul Alam Vs. Bangladesh, 1993, 22 CLC (AD)
....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. ...... deemed as the higher authority when he review his own order. The second proviso indicates that a Government Servant may come to the Tribunal within six months from the date of an order, decision, or action made or taken against him where there is no provision for appeal. He can also come straight t..Category: Administrative Law | Date: | Hits: 129
Borhanuzzaman and others Vs. Ataur Rahman Chowdhury and others, 1994, 23 CLC (AD)
.... and circumstances of the case. We, therefore, find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 94 ......ded in law in making the Rule absolute on this ground. 6. The second ground on which the Rule Nisi was made absolute is that in serving the Managing Committee with a notice to show cause why action shall not be taken against it under section 22 of the Ordinance, the enquiry report which wa..Category: Others | Date: | Hits: 89
Khondaker Mahtabuddin Ahmed, MD Vs. Matin Tea and Trading Company , 1994, 23 CLC (AD)
............... .....Respondent-Plaintiff Judgment January 18, 1994. Result: The petition is dismissed. The Code of Civil Procedure, 1908 (V of 1908), section 20 & Or. VII r. 10 Cause of action for the suit arose from the stoppage of supply of tea to the plaintiff from the tea ........ .....Respondent-Plaintiff Judgment January 18, 1994. Result: The petition is dismissed. The Code of Civil Procedure, 1908 (V of 1908), section 20 & Or. VII r. 10 Cause of action for the suit arose from the stoppage of supply of tea to the plaintiff from the tea estate wi..Category: Procedural Law | Date: | Hits: 91
Bangladesh Vs. Commercial Trust of Bangladesh Ltd. and others, 1994, 23 CLC (AD)
....ose given by the learned Judges of the High Court Division, we uphold the order appealed against. The appeal is dismissed with costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 89. ......in interpreting the notice dated September 15, 1978, issued from the office of the Deputy Commissioner, Barisal to show cause "why the matter should not be referred to Government for taking necessary action" for non utilisation of the acquired land for the purpose for which it was acquired, as a not..Category: Property Law | Date: | Hits: 69
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. ......dit in the name of fictitious persons causing huge loss to the Bank, that he prepared false credit reports for the benefit of so-called importers in utter disregard of his duties, that the whole transaction was collusively made for misappropriating Bank's money and that there was no violation of any..Category: Administrative Law | Date: | Hits: 143
Mafizuddin and others Vs. Alauddin and another, 1994, 23 CLC (HCD)
....er made by the Sessions Judge under section 439A of the Code. The application is, accordingly summarily rejected for lack of jurisdiction. Mohammad Golam Rabbani J I agree ......t of confusion and absence of proper application of the legislative mind which, in our opinion, can be removed by further amendments of these two sections. 19. Pending such legislative action for amending the provisions of section 439, for removing the anomaly or conflict between th..Category: Criminal Law | Date: | Hits: 76
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. ......balance appearing "due" on the face of the accounts so exchanged and that this payment should be made by the 15th of June. A large balance became due from one company to the other to recover which an action was brought and interest claimed. This claim of interest was rejected since there was no debt..Category: Business or Commercial Law | Date: | Hits: 128
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. ......it that although the principle to above was enunciated with reference to acts indicating, only subsequent consent but it applies a fortiori in a case where the person estopped was a party to the transaction itself when he seeks to challenge and act in the transaction after a considerable interval of..Category: Employment/Service Law | Date: | Hits: 126
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 ...... Establishment. The High Court Division after hearing both the parties accepted the petitioner’s allegation that he was called by the Secretary of Works through his PA and observed that such action was extremely objectionable and improper since the Secretary had no authority to send for th..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. ......of this Court in respect of the Administrative Tribunal's jurisdiction in the case of Mujibur Rahman Vs. Bangladesh, 44 DLR (AD) 111. This Court held that though the Tribunal got power to declare any action or order illegal or violative of any law, it got no power to declare a law unconstitutional a..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. ......dhury also referred to the dissenting view expressed by Bose J of the Indian Supreme Court in PL Dhingra Vs. Union of India, AIR 1958 (SC), 36. According to that view, it does not matter whether an action is termed 'termination' of service or "dismissal/ removal " from service when the ..Category: Administrative Law | Date: | Hits: 149
Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)
....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. ......te interests in the garb of "greater public interest and for acceleration of revenue". The right to life inherent in Article 32 of the Constitution clearly stands against such respective actions. The construction of multi-storied shopping complex by the respondent Nos. 1 and 5 ..Category: Environmental Law | Date: | Hits: 293
Sheikh Farid (Md) & others Vs. Abdul Wadud Sikder and others, 2006, 35 CLC (AD)
....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. ......and admitting execution of agreement for sale in favour of the plaintiff. The plaintiff upon making the above averments filed the suit seeking the relief as stated hereinbefore. As regard cause of action for filing the suit it was stated that plaintiff was constrained to file the suit since the ..Category: Property Law | Date: | Hits: 59
Anwar Hossain Vs. Mainul Hosein & others, 2006, 35 CLC (AD)
.... question. All the appeals are therefore, allowed. There is no order as to costs. The connected civil petition is disposed of in the light of the Judgment in the appeals. Ed. ......appointing some which amounted to taking part in the management or conduct of the said Company although he was debarred from doing so as contemplated under Article 147(3) of the Constitution. These actions of Mr. Anwar Hossain terminating services of two employees and appointing a person in the ..Category: Civil Law | Date: | Hits: 103
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