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Mansur Ali Vs. Bangladesh and another, 1977, 6 CLC (AD)
.... For the reasons we allow the appeal, set aside the orders of the High Court Division, accept the reference of the Sessions Judge Dacca, and quash the proceedings. Ed. ...... by the company on payment of rent at the rate of 7-1/2 of his basic pay. The foreign employer will pay contribution towards pension, and leave salary of the officer concerned. The appellant's period of deputation was of three years in the first instance. It is, therefore, manifest tha..Category: Employment/Service Law | Date: | Hits: 81
Abdur Rahim Afroze Vs. B. C. Aga and Co. Ltd. and others, 1977, 6 CLC (AD)
....tipuÂlated time. It was contended that in view of para 3 of the First Schedule the Arbitration proceeding would be void. It was, however, held that if appointment of au umpire is not made within the stipulated time then that can not ipso facto render the arbitration proceeding void. It was further ...... provisions of section 8 would have been completely meanÂingless. 7. It is evident that there is a conflict of views regarding the effect of the omission to appoint an umpire within the specified period. One view is that the word "shall" in para 3 of Schedule I does not make the provision mandaÂ..Category: Business or Commercial Law | Date: | Hits: 86
Kumar Ram Narain Roy Chowdhury & anr. Vs. Sonatannessa Bibi & ors., 1977, 6 CLC (AD)
....e, is that the appeal is allowed, and the order of the Subordinate Judge dated 31-5-75 is set aside. There shall not however be any order as to costs in this appeal. Ed. ......tive countries ordinarily have a higher sanctity than a reciprocal arrangement concluded between the Executive authorities of the respective countries. It may, of course, so happen that during any period of hostilities or conflicts or a complicated state of International relationship, the E..Category: Civil Law | Date: | Hits: 108
Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)
....nbsp; ...... 4th Century A.D. Whatever may have been the exact date of its compilation, there is no doubt that it gives us some inkling of the Hindu society existing during the early Mourjya period of Indian history, where the legal sanction against the remarriage of a w..Category: Property Law | Date: | Hits: 59
Ashraf Ali Sikdar and another Vs. The State, 1977, 6 CLC (AD)
....e instant case falls within the ambit of a special enactment, namely, the Bangladesh Scheduled Offences (Special Tribunals) Order, 1972. In the result the appeal is dismissed. Ed. ...... in possession of appellant Amir Ali. They were convicted and sentenced to rigorous imprisonment for five years each and also to pay a fine of Tk. 1,000/- each, in default to suffer a further period of six months rigorous imprisonment under article 7 of the President's Order No. 50 of 1972...Category: Criminal Law | Date: | Hits: 63
Bangladesh Vs. Abdul Khaleque and ors., 1977, 6 CLC (AD)
....he matter in the manner indicated above. The appeal No. 26 of 1976 subject to the observation made above is dismissed. We however make no order as to costs in all the appeals. Ed. ......ed property. On and from the beginning of the day on which the notice is published, the requisitioned property shall vest absolutely in the Government free from all encumbrances, and the period of requisition of such property shall end. Section 5B provides for payment of compensation i..Category: Property Law | Date: | Hits: 70
Akhtar Hossain Khan & others Vs. The State, 1977, 6 CLC (AD)
....which charge-sheet has been, submitted and cognizance has been taken under P.O. 50 after its repeal is' be tried by the Special Magistrate or the Special Tribunal as the case may be. Ed. ......O. 50. It is thus evident that not only new offences were created under P. O. 50 but new forum was also created for trial of those offences. The learned counsel urged that after a lapse of certain period since the enactment of P. O. 50 there was a strong public demand for repeal of P. O. 50 as t..Category: Criminal Law | Date: | Hits: 113
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. ......bstance of both being the same. The Respondents denied the existence of the wakf hat. It was further urged that on the prayer of the Tarabo Union Council, Noapara hat was allowed to sit for a short period, and the permissive period expired on 13.4.72, and its continuation was illegal. It was fur..Category: Civil Law | Date: | Hits: 106
Bangladesh Small Industries CorporaÂtion, 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. ......UniverÂsity Council were empowered to institute profeÂssorship, and every appointment of professor was to be by agreement in writing between the University and the Professor, and was to be for such period and for such terms as the Council might resolve. By s. 18 (e) of the Act of 1958 the Council ..Category: Employment/Service Law | Date: | Hits: 170
A.K.M. Muklesur Rahman Vs. Govt. of BanglaÂdesh, 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. ......d the said orders were made not for bonafide purpose for preventing the detenu from doing any prejudicial activities but for some collateral purpose for keeping the detenu in jail for an indefinite period. 4. The Rule was opposed but the learned Judges having considered the materials ..Category: Criminal Law | Date: | Hits: 69
Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)
....rder as to costs the decision of the High Court is set aside and the case is sent back to the High Court Division for treating the matter as an appeal and dispose it of accordingly. Ed. ...... Act, 1953 is appealable; (2) what should be the proper basis of calculation of compensation of immovable property acquired for the purposes of the Act; (3) whether compensation is payable for the period during which the property remained under requisition under s. 93A of the Act. 5..Category: Property Law | Date: | Hits: 135
Hafez Abul Khair and another Vs. The State, 1977, 6 CLC (AD)
.... 302/109 Penal Code. The accused shall continue in custody even after expiry of the sentence passed on them on the charge of collaboration. The appeal is, accordingly, disposed of. Ed. ......1(b) of the said order and sentenced each of them to suffer rigorous imprisonment for two years and to pay a fine of Tk. 4,000/- in default to undergo rigorous imprisonment for a further period of six months with direction that the sentence of imprisonment under both the counts would r..Category: Criminal Law | Date: | Hits: 61
Nibir Chandra Chowdhury and others Vs. State, 2001, 30 CLC (AD)
.... a sentence of Taka 500 in default to suffer rigorous imprisonment for 1 (one) month each. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 113. ......both the appellants are altered to a conviction under part II in place of part I of section 304 of the Penal Code and their sentences of rigorous imprisonment, for 10(ten) years are reduced to the period which each of them has already undergone and the sentences of fine of Taka 5,000 are reduced..Category: Criminal Law | Date: | Hits: 59
State Vs. Abu Musa @ Musaya @Shapir Bap & ors, 2001, 30 CLC (AD)
....ed persons. This leave petition is accordingly, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 81. ...... The Constitution of Bangladesh, 1972, Article 103 The Penal Code, 1860 (XLV of 1860), Section 396 The state did not take any step during the period of about seven years to get the leave petition heard and on this very account the leave peti..Category: Business or Commercial Law | Date: | Hits: 99
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. ......houdhury J.- The petitioner proprietor of Jeni Money Exchange Company was a licensee as money changer under section 3 of the Foreign Exchange Regulation Act from the Bangladesh Bank initially for a period of 1 year with provision for renewal. 2. Upon an allegation made by th..Category: Business or Commercial Law | Date: | Hits: 83
Secretary, Ministry of Establishment Vs. A M Nurunnabi, 2001, 30 CLC (AD)
....s condoned but there being no merit in the petition the same is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 41. ...... 2. The respondent instituted the case for a declaration that the notification dated 6-6-1996 passed by the Government is void, illegal and without lawful authority and that the period of absence from service of the respondent from 1-10- 82 to 5-6-96 shall be treated as spent ..Category: Administrative Law | Date: | Hits: 117
Government of Bangladesh Vs. Chairman, Court of Settlement and others, 2001, 30 CLC (AD)
....imitations. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 26. ......sion to the donees who were in continuous possession of the same building by mutating their names in the Government record. Government’s only defence was that the case being filed beyond the period of limitation the same was not maintainable. 3. Court of Settlem..Category: Property Law | Date: | Hits: 61
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. ......-9-89 enabling the petitioner to bring the case with the Administrative Tribunal within six months from 14-9-89, the date of decision under section 7A. So the case has been brought rightly within the period of limitation……………………..(12) Case Referred to- SA Ali vs. Secretary Est..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 ......ot reply to the charges. The ground of his illness was false. He was hale and hearty at that time. He was doing the business of contract in the name of his firm "M/s KM Islam" during the period of absence. Several contractors complained to the office that he was conducting business whi..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......ists who went on a strike which continued upto the 24th February. On the 25th February the strikers resumed their duties. The appellant did not join the strike. He performed his duties throughout the period of strike. By a Gazette Notification dated 1.3.87 the Government constituted a 4‑Member Enq..Category: Administrative Law | Date: | Hits: 175
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