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Sadharan Bima Corporation Vs. Sanjib Kumar Das & another, 1995, 24 CLC (AD)
....nterpretation given by the High Court Division, we dismiss the appeal for the reasons above without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 97 ......n no case whatever shall the Corporation be liable for any loss or damage after the expiration of twelve months from the happening of the loss or damage unless the claim is the subject of pending action or arbitration." 7. The appellant contended that the loss took place on 12.1..Category: Business or Commercial Law | Date: | Hits: 114
Bangladesh Parjatan Corporation, Dhaka Vs. AKM Abul Kalam, 1995, 24 CLC (AD)
....nce with the Rules we uphold the ultimate order of the High Court Division. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 67 ...... "57. Enquiry procedure.‑ (1) Major penalties may not be imposed on any officer or employee unless he has been informed in writing the grounds on which it is proposed to take action and he was afforded adequate opportunity to defend himself. (2) The officer or ..Category: Employment/Service Law | Date: | Hits: 134
Bangladesh Road Transport Corporation Vs. Aminur Rahman & another, 1995, 24 CLC (AD)
..... 7. In the circumstances, we do not think it to be a fit case for interference. The Petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 66 ......at the High Court Division failed to appreciate the fact that reference of misconduct in the office note or other communication does not make an order of termination under Regulation 55(2) a penal action or an action tainted with blame or stigma unless the order itself contains some such things...Category: Employment/Service Law | Date: | Hits: 101
Sirajul Islam (Md). Alias Siraj Madbar and others Vs. Keramat Ali Bhuiyan & ors, 1995, 24 CLC (AD)
....ned transfer. In the result, the appeal is allowed and the impugned order of the High Court Division is set aside. Ed. This case is also reported in: 47 DLR (AD) (1995) 64 ......rney ‑ General, and Mr, Shamsul Alam, Deputy Attorney General, in charge of this case appeared before us. We have heard them. Mr. Shamsul Alam has submitted that he cannot approve of the action of the Assistant Attorney‑General who without getting any instruction from the Attorn..Category: Criminal Law | Date: | Hits: 67
Bangladesh Vs. Dr. Dhiman Chowdhury and others, 1993, 22 CLC (AD)
.... Accordingly, the appeal is allowed and the impugned judgment of the High Court Division set aside. There will be no order as to cost. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 52 ...... detenu joined the Chittagong Port Authority in December, 1962 as Assistant Medical Officer and ultimately became Deputy Chief Medical Officer since 24.1.85. He was serving the Authority to the satisfaction of all concerned and given the charge of Chief Medical Officer on 5.12.92. It has been allege..Category: Constitutional Law | Date: | Hits: 185
State Vs. MA Malik, 1995, 24 CLC (AD)
....onably or unfairly. There is no compelling reason to interfere with the impugned order. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 33 ......and order dated 28 August, 1994 passed by a Division Bench of the High Court Division in Criminal Misc. Case No.1402 of 1994 enlarging the accused‑respondent on anticipatory bail to the satisfaction of the Deputy Commissioner, Sylhet and further directing him to surrender before the Court b..Category: Criminal Law | Date: | Hits: 64
Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)
....arned brother ATM Afzal J. Order of the Court By the majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ......he land covered by the Appellant's Lay‑out Plan be excluded from acquisition. Copies of this order were forwarded to all concerned including the appellant and it was further directed that necessary action be taken as per this order. But seven months after, the same Ministry issued an order dated 1..Category: Property Law | Date: | Hits: 79
Col. Md. Hashmat Ali (Retired) of Bangladesh Army Medical Corps Vs. Bangladesh, 1995, 24 CLC (AD)
....uring the proper discharge of their duties. There is no merit in this appeal and, accordingly, it is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 01 ...... allowed an appeal by the minister. The House of Lords dismissed the appeal of the applicants. The learned counsel for the appellant, however, asserted that in this case it was held that executive action was not immune from judicial review merely because it was carried out in pursuance of a powe..Category: Constitutional Law | Date: | Hits: 203
Khaledur Reza Chowdhury (Md) Vs. Saleha Begum and others, 1996, 25 CLC (AD)
....t and order are set aside and the order dated 6-2-93 passed by the learned Subordinate Judge in Title Suit No.415 of 1984 is restored. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 209. ......rt Division appeared to have conveniently overlooked that the two suits are inextricably linked and are not suits of different nature fought against stranger, the earlier suit on a different cause of action and upon seeking prayers of a different nature, so that one suit is so different from the oth..Category: Property Law | Date: | Hits: 59
Collector of Customs, Chittagong and Others Vs. Ahmed Hossain and 39 Others, 1996, 25 CLC (AD)
.... above, we do not find it necessary to grant leave. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 253, 48 DLR (AD) (1996) 199 ......ed 13 April, 1994 passed by a Division Bench of the High Court Division making the Rules absolute in the respective writ-petitions filed by the respective respondents herein. 2. The cause of action for the said writ-petitions arose when the Customs authority assessed the customs duty on t..Category: Business or Commercial Law | Date: | Hits: 126
BD National Curriculum and Text-Book Board and other Vs. AM Shamsuddin & ors, 1996, 25 CLC (AD)
....sued by the petitioner offended the ordinary law of the land which could not be permitted by invocation of the right to freedom of speech and expression. The petition was accordingly dismissed. ......lation of more than one fundamental right is made the basis of a (writ) petition, the finding of violation of any one of them is sufficient to strike down and/or quash the offending law or action. For the purpose of easy reference the relevant portion of the impugned Act is reproduced be..Category: Intellectual Property Law | Date: | Hits: 279
Abdus Satter (Md) Vs. Bangladesh and others, 1996, 25 CLC (AD)
....ave been passed without lawful authority and of no legal effect. The appeal is allowed without costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 64, 48 DLR (AD) (1996) 180 ......-E), but also to give the appellant an opportunity of being heard. No hearing was given to the appellants. The impugned order dated 22-12-94 (Annexure F) was passed before expiry of 24 hours. This action was nothing but riding roughshod over the procedural safeguards guaranteed to the owners and..Category: Business or Commercial Law | Date: | Hits: 136
Sec, Internal Resources Div., Min. of Finance & Chair, Vs. Nasrin Banu & 5 ors., 1996, 25 CLC (AD)
....Prime Minster (Annexure D), after proper scrutiny of their service record, before any necessary new recruitment is made. Ed. This case is also reported in: 48 DLR (AD) (1996) 171 ......lic servants” within the meaning of the Ordinance. Some of the writ petitioners on the date of advertisement dated 25-11-92 were well below 30 years of age and, as such, they had no cause of action to file the Writ Petitions. Other respondents contended about the same. 6. By ..Category: Constitutional Law | Date: | Hits: 161
Jahangir Kabir (Md) Vs. BD, represented by The Secretary, Ministry of Home Affair, 1996, 25 CLC (AD)
....ed on his prayer. The present case before us is just the reverse. In the result, the appeal is allowed with costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 156 ......ctric Co., “lies in the fact that one party has by his conduct led the other to alter his position”. Yet he cautioned that he would not have it supposed that in “commercial transaction mere acts of indulgence are apt to create rights. A mere gratuitous indulgence shown by not..Category: Administrative Law | Date: | Hits: 138
Sadharan Bima Corporation Vs. Bengal Liner Ltd. and another, 1996, 25 CLC (AD)
.... decreed for an amount of US $ 5,87,028.00 including cost to the plaintiff-respondent which we assess at US $ 53, 366.00. Ed. This case is also reported in: 48 DLR (AD) (1996) 143 ......he plaintiff prayed for interest at 10% with yearly rests from the date of accident till realisation and costs. 5. Besides taking some usual defenses like maintainability, lack of cause of action, bar of waiver, estoppel, acquiescence and limitation, the crux of the defendant’s cas..Category: Business or Commercial Law | Date: | Hits: 151
Abdul Wadud Contractor and another Vs. Nazir Ahmed and others, 1996, 25 CLC (AD)
.... that prayer for the proposed amendment of the plaint. The appeal is, therefore, dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 120 ......vision case and the learned judge of the High Court Division by the impugned judgment and order discharged the Rule holding that the appellants introduced certain new facts and subsequent cause of action different from those made in the plaint which have the tendency to change the character of t..Category: Property Law | Date: | Hits: 52
Irfan Sayed (Md) Vs. Mrs. Rukshana Matin and others, 1996, 25 CLC (AD)
....f legal acumen and hence the same is set aside. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 134 ...... may be made to Order 7, rule 11 of the Code of Civil Procedure wherein a plaint can be rejected only on the following grounds— “(a) Where it does not disclose a cause of action; (b) Where the relief claimed is under valued, and the plaintiff, on being requir..Category: Family Law | Date: | Hits: 162
Jamila Khatun Vs. Rustom Ali, 1996, 25 CLC (AD)
....emaining unchanged. In the result the appeal is allowed in part. No Costs. The trial Court’s decree is to be amended accordingly. Ed. This case is also reported in: 48 DLR (AD) (1996) 110. ......omptly coming to the Court or has been pursuing alternative remedies out of Court cannot, in all fairness, be so construed as to deprive her of the right of maintenance from the day when the cause of action accrued to her. The Courts have thus the jurisdiction to grant such maintenance subject of co..Category: Family Law | Date: | Hits: 198
AGM, GM Office, Postal Life Insurance Dhaka and another Vs. Sheikh Mizanur Rahman, 1996, 25 CLC (AD)
....udgment and order of the Administrative Tribunal is restored. The appeal is allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 97 ......s.-(1) The Government Servants (Discipline and Appeal) Rules, 1976 are hereby repealed. (2) Such repeal shall not affect the previous operation of the said rules or anything done or any action taken thereunder, and any proceeding under the said rules pending at the commencement of ..Category: Administrative Law | Date: | Hits: 122
Managing Director, Rupali Bank Ltd. Vs. Md. Nazrul Islam Patwary & others, 1996, 25 CLC (AD)
....ide the order of termination on merit has been upheld upto the High Court Division. As a result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 62. ......s its security guard giving him all the termination benefits he was entitled to thereunder. Thus the civil suit against such order of termination simpliciter was not maintainable for want of cause of action. Moreover, section 25 of the Act is a bar for maintaining a suit under section 9 of the Code ..Category: Labour and Industrial Law | Date: | Hits: 152