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Post Office High School Vs. Asgar Ali & others, 1994, 23 CLC (AD)
....t and decree of the trial Court are restored and those of the appellate Court and the High Court Division are set aside. No costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 127. ......paper in his presence. It was further urged that Mr. Harun-ur-Rashid Talukdar, the teacher representative in the enquiry committee, was absent on 7 April 1988, but the enquiry committee continued its proceeding without adjourning it and without giving a reasonable opportunity to the plaintiff to def..Category: Employment/Service Law | Date: | Hits: 101
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 ......d to. 12. The learned Additional Attorney General, appearing for the respondents, has submitted that the provision for review under Regulation 3 of MLR No. 1 of 1982 is part of the original proceeding and the powers conferred upon the reviewing authority under Regulation 3(4) are quite co..Category: Constitutional Law | Date: | Hits: 174
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. ......ow disposed of by this judgment. 2. In CA No. 24 of 1992 the appellant, as Assistant Judge in the Bangladesh Civil Service (Judicial), was found guilty for antedating the date of the hearing of a proceeding in his court. After a second show cause notice he was dismissed from service by an order ..Category: Administrative Law | Date: | Hits: 129
Zahirul Islam and Abul Kalam Azad Vs. National Bank Limited and others , 1994, 23 CLC (AD)
....er Order 41, rule 22 of the Code of Civil Procedure. The cited case has got no relevance. The petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 110 ......tion 6 of the Artha Rin Adalat Act a defendant can only challenge the decree of the Artha Rin Adalat by filing an appeal under section 7 of the Act. The High Court Division correctly held that the proceeding, initiated by filing a cross‑objection under Order 41, rule 22(1) of the Code, is,..Category: Civil Law | Date: | Hits: 122
Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)
....ree as the power to grant interest after passing of the decree vests exclusively in the court under section 29 of the Act. Ed. This case is also reported in: 46 DLR (AD) (1994) 97 ......tration clause (Clause No. 17) of the Agreement. A retired Judge of the Supreme Court was appointed the Arbitrator by mutual consent of the parties, and the Arbitrator entered upon the arbitration proceeding from 30 June 1990 and gave his Award on 20 September 1990. By his award, the Arbitrator ..Category: Business or Commercial Law | Date: | Hits: 98
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. ......, Barisal or before the Ministry when it took the decision to resume land on July 10, 1983, and (3) the Government illegally allowed a stranger, Tarini to act and operate as a party to the resumption proceeding between the lessor and the lessee. 6. The appellant's first contention is, that the H..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. ......th the main question as to whether the Tribunal was justified in interfering with and varying die order of dismissal even after finding further that there was no procedural defect in the departmental proceeding, we would like to dispose of the first contention of Mr. Asrarul Hossain questioning the ..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 ......f 1978) reads as under: "Nothing in this section shall be deemed to authorise the High Court Division to convert a finding of acquittal into one of conviction or to entertain any proceedings in revision with respect to an order made by the Sessions Judge under section 439A&quo..Category: Criminal Law | Date: | Hits: 76
Sher Ali (Md) and other Vs. State, 1994, 23 CLC (AD)
....ents, one in appeal and one by court of first instance and then there was a revision which also went against him" "How many times the petitioner will challenge the judgment and lastly in quashing the conviction which is not at all maintainable," the High Court Division concluded. ......n as second revision is section, that is, sub‑section (4) of section 439, says that "nothing in this section shall be deemed to authorise the High Court Division " to entertain any proceeding in revision with respect to an order made by the Sessions Judge under section 439A"..Category: Criminal Law | Date: | Hits: 98
Bangladesh Vs. Subash Chandra Das & ors, 1993, 22 CLC (AD)
....f abatement will follow only when the Government fails to "pay" or "deposit" compensation in terms of section 10. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 63. ......lidly acquired for a public purpose and that on reconsideration the order dated June 4, 1985 was cancelled by the Government by another order dated September 9, 1985, and, thereafter, the acquisition proceedings were completed by issuing the impugned Notification dated November 6, 1986. 4. The Hi..Category: Property Law | Date: | Hits: 64
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. ......the case thereupon instead of basing its decision on the Various Species of the principle of estoppel which are plaintly attracted in the facts of the case as accepted by the parties in Course of the proceeding in the High Court Division. The most crucial of such fact was that the respondent was ass..Category: Employment/Service Law | Date: | Hits: 126
Rear Admiral AA Mustafa Vs. Bangladesh, 1994, 23 CLC (AD)
.... 103 of the Constitution. The cases cited on behalf of the petitioner has no relevance in the instant case. The petition is dismissed. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 43.......9, 1991; and some questions were raised in the parliament and press reports were widely published as to the cause of damage to naval vessels, the Government, in all fairness ought to have initiated a proceeding against the petitioner and given him an opportunity to explain his case. 4. In his app..Category: Employment/Service Law | Date: | Hits: 107
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 ......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 ..Category: Employment/Service Law | Date: | Hits: 73
Wahed Ali Dewan Vs. State and another, 1994, 23 CLC (AD)
....nue to remain in the Jimma of her cider sister as affirmed by the High Court Division. The appeal is disposed of in the above terms. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 10. ...... dated 2nd December, 1992 passed by the High Court Division, Dhaka in Criminal Revision No. 1663 of 1992.) Judgment ATM Afzal J.- This appeal by leave, by a distraught father, arises out of a proceeding for custody of his recalcitrant daughter, Ayesha Akhtar (Rima) alias Dolly, respondent No..Category: Criminal Law | Date: | Hits: 68
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. ......hat in computing the period of limitation prescribed for a suit or an application, the time during which the plaintiff has been "prosecuting in good faith and with due diligence another civil proceeding" in a Court having no jurisdiction shall be excluded. Section 29 of this Act says t..Category: Administrative Law | Date: | Hits: 149
Selim (Md) and others Vs. Syedul Haque Chowdhury and others, 2006, 35 CLC (AD)
....nt case. 8. We do not find any illegality or infirmity in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. ......of the High Court Division in Civil Revision No. 5326 of 2000 making the Rule absolute. 2. The facts leading to the leave petition are that the preemptor respondents initiated a preemption proceeding, being Miscellaneous Case No. 56 of 1990 for pre-emption under section 96 of the State A..Category: Property Law | Date: | Hits: 68
Harendra Nath Mahali Vs. Ramesh Chandra Haider and others, 2006, 35 CLC (AD)
.... reconveyance at all stages. 18. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of. Ed. ......reemption upon setting aside the judgment and order of the trial Court. 9. Leave was granted to consider the contention that reconveyance having been made during pendency of the preemption proceeding and as because of that right of preemption cannot be defeated the High Court Division wa..Category: Property Law | Date: | Hits: 67
Bangladesh Shilpa Rin Sangstha (BSRS) Vs. Monowara Begum and others, 2006, 35 CLC (AD)
....ed Unnecessarily which we disapprove. 14. In view of the discussion made above, we do not find any substance in this petition. The petition is, therefore, dismissed. Ed. ......instant case, the application under Article 33 of the order was filed before the learned Subordinate Judge (now Joint District Judge) and Artha Rin Adalat and, as such, from the very beginning the proceeding was invalid in the eye of law. Referring to Article 33(5) of the Order, Mr. Huq submits ..Category: Civil Law | Date: | Hits: 95
Abdur Rashid Sarker (Md) and others Vs. Dines Chandra Das and others, 2006, 35 CLC (AD)
....im earlier. The appeal is, accordingly, dismissed without any order as to costs. Ed. ......are said to be necessary parties and accordingly, the appellate Court disallowed the case for defect of parties. 13. Mr. Karim submits that impleading of necessary parties in a pre-emption proceeding is a mandatory requirement under section 96(2) of the State Acquisition and Tenanc..Category: Property Law | Date: | Hits: 64
Shahudul Haque, IG Police and others Vs. State, 2006, 35 CLC (AD)
....the unqualified apology and to censure the appellants in modifying of the sentence imposed on them. The appeals are, accordingly, dismissed without any order as to costs. Ed. ......ant Mustafizur Rahman and Sergeant Russel Arafat arrived. They were ordered to hold back Sergeant Shoaibur Rahman, so that necessary particulars could be obtained with a view to initiating contempt proceedings against him. Traffic Inspector Obaidul Huque said that he would call a senior officer. ..Category: Criminal Law | Date: | Hits: 64
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