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Bangladesh Vs. AKM Yousuf Mia & others, 1998, 27 CLC (AD)
....nied the charge in writing and participated in the enquiry proceeding. The enquiry officer found him guilty of the charge. Accordingly, second show cause notice was issued on 17-7-86 by registered post. On consideration of the evidence and other materials on record the concerned authority dismis......trative Appellate Tribunal is set aside and that of the Administrative Tribunal is restored. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 200; II ADC (2005) 520. ......trative Appellate Tribunal is set aside and that of the Administrative Tribunal is restored. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 200; II ADC (2005) 520. ......trative Appellate Tribunal is set aside and that of the Administrative Tribunal is restored. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 200; II ADC (2005) 520. ..Category: Administrative Law | Date: | Hits: 119
Bangladesh Krishi Bank Vs. Meghna Enterprises and another, 1998, 27 CLC (AD)
....ertificate Officer, Comilla sent notices under section 10A of the Act upon respondent No.1. As per section 10A(1) of the Act notice was served upon certificate debtor-respondent No.1 by registered post with acknowledgment due requiring the Certificate debtor to deposit with the Certificate Offic......ourt Division is not sustainable in law. Consequently, both the appeals are allowed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 194; 52 DLR (AD) (2000) 57. ......ourt Division is not sustainable in law. Consequently, both the appeals are allowed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 194; 52 DLR (AD) (2000) 57. ......ourt Division is not sustainable in law. Consequently, both the appeals are allowed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 194; 52 DLR (AD) (2000) 57. ..Category: Business or Commercial Law | Date: | Hits: 150
....eived because he himself could set aside the order of the CMM which was actually prayed for.
All the petitions are dismissed.
Ed.
This Case is also Reported in: 50 DLR (AD) (1998) 189.
...... and the Commission immediately thereafter authorised the Chairman to initiate the legal proceeding? After all, who is the Chairman? The Chairman is not a stranger to the Commission. He is not only a member of the Commission but he is the Chief Executive thereof. The Chairman, therefore, occupies a ......eived because he himself could set aside the order of the CMM which was actually prayed for.
All the petitions are dismissed.
Ed.
This Case is also Reported in: 50 DLR (AD) (1998) 189.
......eived because he himself could set aside the order of the CMM which was actually prayed for.
All the petitions are dismissed.
Ed.
This Case is also Reported in: 50 DLR (AD) (1998) 189.
..
Category: Business or Commercial Law | Date: | Hits: 163
Meghna Petroleum Limited Vs. Commissioner of Taxes (East Zone) Dhaka, 1998, 27 CLC (AD)
....CT also noticed that the agreement between the BPC and the appellant as required under the aforesaid decision was executed long after on 25-10-82 which was beyond the accounting year and that such post-dated agreement can have no validity in the eye of law as it was not even executed during the ......face of the case in the light of the principles stated by him thus: “In our opinion, the present case is one in which the wife and children of the assessee who continued to be members of the family received a portion of the income of the assessee, after the assessee had rec...... forthwith to the High Court Division for taking necessary steps in accordance with the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 165. ...... forthwith to the High Court Division for taking necessary steps in accordance with the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 165. ..Category: Fiscal/Taxation Law | Date: | Hits: 97
Bangladesh Vs. Mahbubuddin Ahmed, 1998, 27 CLC (AD)
....aid writ petition on the averments, inter alia, that he qualified in the Central Superior Service and joined the Police service of Pakistan in 1967. He joined the liberation war in 1971 when he was posted as Sub-Divisional Police Officer at Jhenidah. Because of his gallantry and heroic performan......any relief as a civil servant. The learned Additional Attorney-General drew our attention to Article 66(2)(d) of the Constitution which provides for disqualification for election as or for being a member of parliament if one holds any office of profit in the service of the Republic other than an......against him at any time. For the reasons, however, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 154. ......against him at any time. For the reasons, however, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 154. ..Category: Administrative Law | Date: | Hits: 125
Bangladesh Railway and ors. Vs. Pranab Kumur Chakraborty and ors., 1996, 25 CLC (AD)
....wed without any order as to costs. The impugned judgment and decree passed by the High Court Division are set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 150. ......eing the suit. 2. The plaintiff-respondents brought the aforesaid suit for specific performance of contract for transfer of the suit land on the averments, inter alia, that they are members of the executive committee of Jinardi Union Unnayan Parishad which was formed with the obje......f-respondents brought the aforesaid suit for specific performance of contract for transfer of the suit land on the averments, inter alia, that they are members of the executive committee of Jinardi Union Unnayan Parishad which was formed with the object of eradicating unemployment problem of the......rought the aforesaid suit for specific performance of contract for transfer of the suit land on the averments, inter alia, that they are members of the executive committee of Jinardi Union Unnayan Parishad which was formed with the object of eradicating unemployment problem of the locality by se..Category: Administrative Law | Date: | Hits: 130
Shahida Khatun Vs. Abdul Malek Howlader and others, 1998, 27 CLC (AD)
....High Court Division rightly did not encourage a transfer on a mere apprehension. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 147. ......ge to which exception was taken without considering the background, circumstances, hardship, apprehensions and genuine grievances of the petitioner. 5. There may be transactions in which a member of the lower judiciary may himself be a party and if such transactions are impugned in the l......High Court Division rightly did not encourage a transfer on a mere apprehension. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 147. ......High Court Division rightly did not encourage a transfer on a mere apprehension. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 147. ..Category: Property Law | Date: | Hits: 71
Commissioner of Customs, Chittagong Vs. Giasuddin Chowdhury and another, 1998, 27 CLC (AD)
....pon furnishing a proper bank guarantee for the balance as already assessed by the Customs Authority on the respondent. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 129. ......pon furnishing a proper bank guarantee for the balance as already assessed by the Customs Authority on the respondent. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 129. ......ise, Chandan Nagar, West Bengal vs. Dunlop India Ltd AIR 1985 (SC) 330, Siliguri Municipality vs Amalendu Das AIR 1984 (SC) 653; Titaghur Paper Mills Co. Ltd. State of Orissa vs. AIR 1983 (SC) 603; Union of India vs. Oswal Woollen Mills Ltd. AIR 1984 (SC) 1264, State of West Bengal and others vs......pon furnishing a proper bank guarantee for the balance as already assessed by the Customs Authority on the respondent. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 129. ..Category: Criminal Law | Date: | Hits: 119
Khandoker Saiful Islam Vs. State, 1997, 26 CLC (AD)
....o other point has been urged. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 126. ......o other point has been urged. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 126. ......h and others went to cut jute plants in the decretal land of PW 1 being plot No.31 to the south-west of his house. At this time the accused-petitioner Khandoker Saiful Islam, Chairman of the local Union Parishad, along with the other accused persons being armed with falas, lathis, daggers, axes,...... others went to cut jute plants in the decretal land of PW 1 being plot No.31 to the south-west of his house. At this time the accused-petitioner Khandoker Saiful Islam, Chairman of the local Union Parishad, along with the other accused persons being armed with falas, lathis, daggers, axes, etc. ..Category: Criminal Law | Date: | Hits: 96
Altaf Hossain Vs. State, 1997, 26 CLC (AD)
.... the house of the deceased with a cameraman and thereafter an FIR was lodged with the police at 6-15 PM, Police made inquest on the dead body of deceased Hyder Ali, sent the same to the morgue for post-mortem examination, seized alamats from the place of occurrence and after investigation submit......nd order are set aside. Let the appellant be released forthwith if not wanted in any other case. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 120. ...... two witnesses were examined in support of the defence case. The Trial Court disbelieved their evidence on the ground that one was a relation of the accused and the other was an ex-chairman of the Union Council like accused Hafizur Rahman. The High Court Division commented that “these grou......nd order are set aside. Let the appellant be released forthwith if not wanted in any other case. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 120. ..Category: Criminal Law | Date: | Hits: 104
Abdul Motaleb Sheikh Vs. Md. Hasan Bali & another, 1998, 27 CLC (AD)
....In any view of the matter the suit appeared to be doomed from the beginning. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 118. ......ernment (Union Parishads) Ordinance, 1983 (LI of. 1983), Section 78 The provision of notice under section 78 is a pre-condition for instituting a suit against a Union Parishad or against any member thereof. The petitioner under the rule is not exempted from issuance of such a notice himse......p;.Petitioner Vs. Md. Hasan Bali & another……………...Respondents Judgment February 24, 1998. The Local Government (Union Parishads) Ordinance, 1983 (LI of. 1983), Section 78 The provision of notice under sec......itioner Vs. Md. Hasan Bali & another……………...Respondents Judgment February 24, 1998. The Local Government (Union Parishads) Ordinance, 1983 (LI of. 1983), Section 78 The provision of notice under section 7..Category: Employment/Service Law | Date: | Hits: 94
Nurul Islam (Md) Vs. Md. Ali Hossain Mia being dead his heirs Amir Hossain & ors., 1997, 26 CLC (AD)
....ondents Judgment March 9, 1997. The General Clauses Act, 1897 (X of 1897) Section 27 Premises Rent Control Ordinance (XX of 1963) Section 18 The notice sent by post at the address of the suit premises having been returned unserved with the remark of the postal...... of reversal and is not sustainable in law. Accordingly, we allow the appeal without, however, any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 114. ...... of reversal and is not sustainable in law. Accordingly, we allow the appeal without, however, any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 114. ...... of reversal and is not sustainable in law. Accordingly, we allow the appeal without, however, any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 114. ..Category: Tenancy Law | Date: | Hits: 93
Syed Hedayet Ali Vs. Chief Election Commissioner and others, 1994, 23 CLC (AD)
...., without good cause shown, fail to take oath on that date. 5. There is no substance in the petition. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 89. ...... on 27-1-92 he could not come out successful against respondent No.5. The name of respondent No. 5 and Members elected were published in the Official Gazette on 22-3-92, but as the names of 8 elected members, i.e. respondent Nos. 7-14 were incorrect, their names were subsequently published in the Of......¦â€¦â€¦.Petitioner Vs. Chief Election Commissioner and others……………….. Respondents Judgment May 5, 1994. Result: The petition is dismissed. The Local Government (Union Parishads) Ordinance, 1983 (LI of 1983), Sections 6(2), 9 & 13(b) The Oath of Office (......¦.Petitioner Vs. Chief Election Commissioner and others……………….. Respondents Judgment May 5, 1994. Result: The petition is dismissed. The Local Government (Union Parishads) Ordinance, 1983 (LI of 1983), Sections 6(2), 9 & 13(b) The Oath of Office (Union ..Category: Election Law | Date: | Hits: 110
Moulvi Md Khurshid Alam Vs. Bangladesh, 1997, 26 CLC (AD)
....vernment’s powers under section 4 of the Act is concerned. This petition, thus, merits little consideration. It is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 82. ......vernment’s powers under section 4 of the Act is concerned. This petition, thus, merits little consideration. It is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 82. ......ladesh by an order dated 25-10-95 (Anex. “C” to the Writ Petition) appointed temporarily respondent No. 5, Md. Rabiul Haque Patwary as Nikah Registrar in respect of the newly constituted Amjadhat Union within Fulgazi PS Dist Feni by curtailing, under section 4 of the Muslim Marriages and Divorce......iver from the rest three Unions of the nikah registration area of the petitioner, on the demand and for the convenience of the local people and upon a proposal rent by the local Chairman of the Union Parishad, recommended by the Thana Nirbahi Officer, the District Registrar and the Deputy Commission..Category: Employment/Service Law | Date: | Hits: 137
Advocate Md. Abdul Hamid Vs. Md. Fazlur Rahman, 1998, 27 CLC (AD)
....ion petition— (a) all contesting candidates; and (b) any other candidate against whom any allegation, if any corrupt or illegal practice is made, and shall serve personally or by registered post on each such respondent a copy of his petition.” Article 51(2) reads: “A petitioner......udgment and order dated 19 November 1997 passed by the High Court Division in Civil Order No. 4167 of 1997). Judgment Bimalendu Bikash Roy Choudhury J. - The Petitioner was declared elected as member of Parliament in the general election held on 12 June 1990 from No. 169, Kishoreganj-5 (which......reason to differ from the said view. For all these reasons we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 80. ......reason to differ from the said view. For all these reasons we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 80. ..Category: Election Law | Date: | Hits: 168
Aung Shwe Prue Chowdhury Vs. Kyaw Sain Prue Chowdhury and others, 1997, 26 CLC (AD)
....ame after considering the same if there are reasons for not accepting them. Then the High Court Division found as follows: “Thus it is clear that Bohmong Chief is not a holder of any Government post but as a political office and is merely nominated and recognised by the Government from amongst......p;পদ দাবি করতে পারে।” 4. The appellant is a grandson of the 9th Chief (1875-1901) and is the nephew of the 11th Chief (1916-1923). Of all the living male members of Bohmong Dynasty he is the seniormost in age being only five days younger to the last 14th...... an ex-Minister, man of social standing and aged 81 years and respondent No.1 is aged 60 years: an IA, has the support of majority members of the Raj family, an eminent social worker and ex-Chairman; Union Parishad and in that perspective respondent No.1 is physically more able than the appellant to......-Minister, man of social standing and aged 81 years and respondent No.1 is aged 60 years: an IA, has the support of majority members of the Raj family, an eminent social worker and ex-Chairman; Union Parishad and in that perspective respondent No.1 is physically more able than the appellant to disch..Category: Civil Law | Date: | Hits: 203
Gazi Shamsul Hoque Vs. Deputy Commissioner, Dhaka and another, 1997, 26 CLC (AD)
....ight of respondent No. 2 we are not inclined to interfere in the matter. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 69. ......ight of respondent No. 2 we are not inclined to interfere in the matter. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 69. ......ight of respondent No. 2 we are not inclined to interfere in the matter. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 69. ......ight of respondent No. 2 we are not inclined to interfere in the matter. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 69. ..Category: Employment/Service Law | Date: | Hits: 115
Bangladesh Vs. AM Mansur Ahmed & others, 1997, 26 CLC (AD)
....ey-General submitted that respondent No. 1 was found guilty of charges of corruption, insubordination, etc. amounting to misconduct spreading over a number of years at different stations where he was posted. The penalty of compulsory retirement was itself a lenient one for the offences calling for d......(d) of the Government Servants (Discipline and Appeal) Rules 1985 on the charges of corruption and misconduct. Respondent No.3 the Director General of Fire Service and Civil Defence appointed a three-member Inquiry Board to enquire into the charges. The enquiry ended in a report finding respondent N...... without any order as to costs and the orders of the Administrative Tribunal and the Administrative Appellate Tribunal be set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 65. ...... without any order as to costs and the orders of the Administrative Tribunal and the Administrative Appellate Tribunal be set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 65. ..Category: Administrative Law | Date: | Hits: 145
Abdul Jalil and others Vs. Sharon Laily Begum Jalil, 1997, 26 CLC (AD)
....Court concerned, the British High Commission at Dhaka and the Ministry of Home Affairs (for attention of the immigration authorities). Ed. This Case is also Reported in: 50 DLR (AD)(1998) 55. ......ldren. 3. Facts as disclosed by the mother in her writ petitions, briefly, are that, she is a British citizen having been born in England on 24-4-1968. Her father is from Bangladesh having been a member of the Dagon Bhuiyan Union Parishad and her mother being a resident in Middlesborough, Englan......osed by the mother in her writ petitions, briefly, are that, she is a British citizen having been born in England on 24-4-1968. Her father is from Bangladesh having been a member of the Dagon Bhuiyan Union Parishad and her mother being a resident in Middlesborough, England. She was married to respon......y the mother in her writ petitions, briefly, are that, she is a British citizen having been born in England on 24-4-1968. Her father is from Bangladesh having been a member of the Dagon Bhuiyan Union Parishad and her mother being a resident in Middlesborough, England. She was married to respondent N..Category: Family Law | Date: | Hits: 250
Jahanara Begum Vs. Md. Aminul Islam Chowdhury and others, 1997, 26 CLC (AD)
....id provision of law. Consequently, the appeal is dismissed without any order as to costs and the suit is decreed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 52; 2 MLR (AD) 112. ......id provision of law. Consequently, the appeal is dismissed without any order as to costs and the suit is decreed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 52; 2 MLR (AD) 112. ......n to the plaintiff. This witness also testified that defendant No.4 was aware of the agreement. PW 5 Afaluddin Mazi spoke about the possession of the plaintiff PW 6 Syed Shahed Ali, Chairman of Local Union Council proved some exhibits written in the hand of defendant Nos. 1-2. According to this witn......id provision of law. Consequently, the appeal is dismissed without any order as to costs and the suit is decreed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 52; 2 MLR (AD) 112. ..Category: Property Law | Date: | Hits: 86
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