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M/s Amin Jute Mills Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
....e of the enactment of the Basic Democracies Order. We, therefore, do not find any substance in all these appeals which are dismissed, but there shall be no order as to costs. Ed. ...... was to the following effect: "Notwithstanding any judgment and decree, order or decisions of any court, including the High Court, to the contrary, anything done, action taken, order passed, notification issued or purporting to have been done, taken, passe..Category: Fiscal/Taxation Law | Date: | Hits: 244
Serajuddin Bepari & ors Vs. Mizanur Rahman & ors, 1977, 6 CLC (AD)
.... 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. ......eputy Commissioner had granted permission to Respondents 1 to 6 without any public auction to hold Tarabo hat on Tuesdays as well, nor could a hat be established within a distance of 500 yards. The action of the Additional Deputy Commissioner is not only in violation of the instructions of the Go..Category: Civil Law | Date: | Hits: 106
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
....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. ......owing cases referred to him:- "(i) Case of Mr. Sattar Weaving Factory The noting (2 bales may be allotted') of Mr. Choudhury, does not appear to be regular, since he is not authorised to take any action on the letter of the party addressed Narsingdi Centre, thus Mr. Choudhury has not maintai..Category: Employment/Service Law | Date: | Hits: 170
A.K.M. Muklesur Rahman Vs. Govt. of Bangladesh, 1977, 6 CLC (AD)
.... 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. ......as placed before the Deputy Solicitor on 20.6. 1976 he referred it to the Solicitor who by his order dated 32.6. 1976 sent the file to the Ministry of Home Affairs for their comments and necessary action. The Ministry of Home Affairs send back the file of the case to the office of the Solicitor ..Category: Criminal Law | Date: | Hits: 69
Abul Layes Vs. Mst. Anwara Khatun & legal representatives: Abu Sayed Ahmed & ors, 1977, 6 CLC (AD)
....ises. In the result, the appeal is allowed with costs althrough. The judgement of the High Court is hereby set-aside and those of the Trial Court and the first appellate Court are restored. Ed. ......Petition was filed was passed on the ground that the property in question was forfeited to the Government under section 75A of the State Acquisition and Tenancy Act. The Government treated the transaction between the appellant and his vendors to be a pure and simple lease which was said to have ..Category: Tenancy Law | Date: | Hits: 76
Ansar (Md) Chan Mia Vs. State, 2001, 30 CLC (AD)
....ife, on maintaining the conviction the convict under section 302 of the Penal Code. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 115. ...... glass at the front of the bus hit the driver in the driver’s seat. It is also seen that the shot that was fired by the condemned prisoner was not the result of pre-planned and pre meditated action rather it appears that in the heat of the moment while the driver defying command of the con..Category: Criminal Law | Date: | Hits: 74
Syed Abdur Rahim Vs. Secretary, Ministry of Works, Government of Bangladesh & ors, 2001, 30 CLC (AD)
....llegality in the judgment and orders passed by the High Court Division. The petitions are therefore dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 106. ......High Court Division in Writ Petition No. 452 of 1994 and Writ Petition No. 564 of 1994 discharging the Rules. 2. The petitioners in the said writ petitions challenged the respondent’s action of challenging the original layout plan No. 53 dated 16-4-1980 and dividing 60 feet wide ro..Category: Constitutional Law | Date: | Hits: 138
Syed Al Nesar Ahmed, MD, United Food Complex Ltd. Vs. Nafisa Choudhury and others, 2001, 30 CLC (AD)
.... interference. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 83. ...... power to the Court under section 233 for the protection of the interest of the minority share holders. The High Court Division passing the order directing the respondent company to take necessary action to conduct the company’s affairs in the manner prescribed in the articles of associati..Category: Business or Commercial Law | Date: | Hits: 95
Rajdhani Unnayan Kartipakhya and another Vs. Mohshinul Islam and another, 2001, 30 CLC (AD)
.... The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 79. ......blic interest or the necessity of doing it in the light of guidance provided by the Act and rules may not require intimation to person affected yet the exercise of discretion is vitiated if the action is bereft of rationality lacks objective and purposive approach. The action or decision mus..Category: Property Law | Date: | Hits: 56
Government of Bangladesh and others Vs. Abu Musa, 2001, 30 CLC (AD)
....issued in the said Writ Petition stands discharged. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 77. ......a representation in writing (or if the person concerned indicates in writing his preference for it orally) within such reasonable time as the appropriate officer may specify, against the proposed action; and (c) is given a reasonable opportunity of being heard person..Category: Business or Commercial Law | Date: | Hits: 99
Bangladesh Bank and others Vs. Zafar Ahmed Chowdhury and another, 2001, 30 CLC (AD)
....this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 70. ......dvocate placing reliance in the case of Dr Nurul Islam vs. Bangladesh represented by the Secretary Ministry of Health and Population Control and others reported in 33 DLR (AD) 201 submits that the action now being taken under section 46 of the Bank Companies Act, 1991 was an action to circumvent..Category: Business or Commercial Law | Date: | Hits: 131
Mustafa Zamil Ahmed Vs. Governor of Bangladesh Bank and others, 2001, 30 CLC (AD)
....it is of criminal nature. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 66. ...... February 14, 2000. The Foreign Exchange Regulation Act, 1947 (V of 1947), Section 3 The principal has always a right to take action against his agent for misdemeanour, especially when it is of criminal nature……..Category: Business or Commercial Law | Date: | Hits: 83
Abul Khair (Md) Vs. Pubali Bank Ltd and another, 2000, 29 CLC (AD)
..................... .Petitioner Vs. Pubali Bank Ltd. and another.................. Respondents Judgment June 26, 2000. The Code of Civil Procedure, 1908 (V of 1908), Order VII rule 11 Cause of action Only the averments made in the plaints are to be considered to come to a finding .............. .Petitioner Vs. Pubali Bank Ltd. and another.................. Respondents Judgment June 26, 2000. The Code of Civil Procedure, 1908 (V of 1908), Order VII rule 11 Cause of action Only the averments made in the plaints are to be considered to come to a finding as to whe..Category: Civil Law | Date: | Hits: 105
Jatiya Party Vs. Election Commission for Bangladesh and others, 2001, 30 CLC (AD)
....sion is set aside and the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 38. ...... 2. Jatiya Party represented by its Secretary General Anwar Hossain Manju had impugned an order dated 23-2-2000 passed by respondent No. 2 awarding the symbol “Langol” to Jatiya Party faction headed by Mr. HM Ershad for all by-elections for the present Parliament referring to Article..Category: Election Law | Date: | Hits: 144
DG, Prisons & others Vs. Md. Nasim Uddin, 2001, 30 CLC (AD)
....out request helped this Division in the proper disposal of this matter. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 30. ......p; 4. It is an admitted fact that before passing the order of dismissal no second show cause notice was issued. Mr. B Hossain learned Deputy Attorney-General submits that as the disciplinary action was taken under the Jail Code wherein there is no scope for issuance of a second show cause..Category: Administrative Law | Date: | Hits: 137
Shaikh Mustainul Haque Vs. Inspector General of Police and others, 1995, 24 CLC (AD)
....y further order. No costs. The impugned judgment and order arc set aside and those of the Administrative Tribunal are restored. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 157. ......ication under section 4(1) of the Act before the Tribunal. 9. The two provisos under section 4(2) of the Act read as follows: "Provided that no application in respect of an order, decision or action which can be set aside, varied or modified by a higher administrative authority under any law..Category: Administrative Law | Date: | Hits: 111
Superintending Engineer and others Vs. Kazi Asaduzzaman and others, 1995, 24 CLC (AD)
....sons the impugned judgment and order of the High Court Division cannot be sustained. The appeal is allowed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 152 ......ority to appoint an enquiry officer. If the appellant had acted without appointing an enquiry officer in view of the preposterous facts presented by the respondent, then it cannot be said that the action taken was wholly without authority or in violation of the 1976 Rules. 12. It is true ..Category: Property Law | Date: | Hits: 124
Abu Taleb Vs. Government of Bangladesh, 1995, 24 CLC (AD)
....by the appellant. In that view of the matter we do not find any ground for interference. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 138...... challengeable. 4. Both the two Tribunals below on perusal of the synopsis of the inquiry report annexed by the respondent held that there were enough materials before the President for his satisfaction that in the public interest the appellant should be retired from service. The appellant faile..Category: Administrative Law | Date: | Hits: 175
Special Reference No. 1 of 1995, 24 CLC (AD)
.... Mohammad Ismailuddin Sarker J. - I am in complete agreement with the learned Chief Justice and I have nothing more to add. Ed. This Reference is also Reported in: 47 DLR (AD) (1995) 111. ......is entirely his which cannot be doubted or questioned. The expediency, or the motive, political or otherwise, or bona fides of making the Reference cannot be gone into by Court. The President's satisfaction that a question of law has arisen, or is likely to arise, and that it is of public importance..Category: Constitutional Law | Date: | Hits: 248
Halid Hamidul Huq Vs. Nafisa Chowdhury & ors., 1995, 24 CLC (AD)
....ay be made before the Court where the tide suit is pending. The appeal is dismissed without any order as to cost. Ed. This case is also reported in: 47 DLR (AD) (1995) 104 ...... consider that there was no suit pending for declaration of the Trust deed to be void and that Title Suit No. 78 of 1992 of the 4th Court of Subordinate Judge, Dhaka was filed on different cause of action and prayer for amendment of the suit is yet to be allowed. It is further contended that the ..Category: Property Law | Date: | Hits: 76