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....hority passes an order on a competent appeal.
We therefore find no ground for ultimate interference. The petition is dismissed.
Ed.
This Case is also Reported in: 51 DLR (AD) (1999) 144.
......guable case on that score, but we find from the copy of the order dated 18-6-88 that the petitioner’s appeal was withheld by the Appellate Authority as per Rules for preferring the same outside the period of limitation of 6 months. He therefore, did not prefer a competent appeal before the Appella..
Category: Employment/Service Law | Date: | Hits: 83
State Vs. Md. Minhazuddin Khan, 1999, 28 CLC (AD)
....2, 1998. The Criminal Law Amendment Act, 1987 (XIII of 1987), Section 8 The High Court Division rightly acquitted the accused as trial of the case could not be completed within the stipulated period of limitation fixed for conclusion of trial. Furthermore prosecution could not p...... The Criminal Law Amendment Act, 1987 (XIII of 1987), Section 8 The High Court Division rightly acquitted the accused as trial of the case could not be completed within the stipulated period of limitation fixed for conclusion of trial. Furthermore prosecution could not prove the cas..Category: Criminal Law | Date: | Hits: 59
Managing Director, Janata Bank Vs. Md. Bazlur Rahman and others, 1997, 26 CLC (AD)
....In the face of such finding of fact we do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 141; 50 DLR (AD)(1998) 17. ......bringing a hijack light and some confidential letters and he returned to Bhurungamari Branch on 11-9-81, continued to perform his duties and also drew his TA bill for his journey to Gaibandha for the period from 9-9-81 to 11-9-81. He was terminated from service illegally. 2. Defendant Nos. 1-3 an..Category: Employment/Service Law | Date: | Hits: 98
GM, Jamuna Oil Company Ltd. Vs. Chairman, Labour Court, Chittagong Div. & ors, 1999, 28 CLC (AD)
....eek to get the overtime allowance at double the ordinary rate of his wages. For him the working hour fixed by settlement is the normal working hour and any extra hour of work beyond the settled and stipulated working hour will be overtime work and the manner of calculating overtime allowance for......e 4 of the Rules. For the reasons stated above both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 91. ..Category: Labour and Industrial Law | Date: | Hits: 134
Brahmanbaria Pourashava Vs. Secretary, Ministry of Land Reforms, 1999, 28 CLC (AD)
....lared to have been made without lawful authority. This appeal is allowed accordingly without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 84; 1999 BLD (AD) 87. ...... by rehabilitating shop-keepers and also earning revenue for the purpose of public utility. Section 63 of the Municipal Administration Ordinance, 1960 which governed the appellant during the material period has empowered it to establish and maintain public markets and provide places for use as publi..Category: Property Law | Date: | Hits: 63
Abdul Hafez Howlader alias Habibur Rahman and others Vs. State, 1999, 28 CLC (AD)
....hem pending disposal of the Government appeal in the High Court Division. The appeal is, accordingly, allowed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 67. ......or for granting them fresh bail. The learned Judges, however, did neither and by the impugned order dated 30 May, 1995 observed that when the Appellate Division had granted them bail for a limited period of 6 months they could not entertain their prayer and that if they so desired they could mov..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. Khondaker Tajuddin Ahmed and others, 1999, 28 CLC (AD)
....in the High Court Division itself we are not inclined to interfere with the matter. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 64. ......mpugned order dated 3-3-98 the Division Bench did not pass any order against the promotions already made but restrained respondent Nos. 1-3 of the writ petition from making future promotions for a period of 4 weeks from date and allowed the application for injunction partly with a direction to m..Category: Employment/Service Law | Date: | Hits: 67
Board of Intermediate and Secondary Education, Dhaka Vs. Md. Faizur Rahman & ors., 1999, 28 CLC (AD)
.... 26. At the end of the detailed hearing we do not find any ground for interference. The petition is dismissed Ed. This Case is also Reported in: 51 DLR (AD) (1999) 59. ......the Governing Body dismissed a teacher and suspended 7 teachers. One of them filed Writ Petition No. 3066 of 1996 challenging the extension of service of respondent No.1 by the Governing Body for a period of 2 years by a resolution dated 27-12-95. The said writ petition was rejected summarily on..Category: Constitutional Law | Date: | Hits: 155
Shafi A Chowdhury and another Vs. Government of Bangladesh, 1999, 28 CLC (AD)
....facts of the present case we do not think that the matter warrants our interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 21. ......998. The Code of Civil Procedure, 1908 (V of 1908) Order XXXIX, rule 7 When plaintiff obtained possession five years before and after having enjoyed possession thereof for such period, it will be impossible for any surveyor to estimate what was the state of the machineries, t..Category: Criminal Law | Date: | Hits: 68
Abdur Rahman and others Vs. State, 1999, 28 CLC (AD)
....and sentence passed against the appellants are not sustainable in law. Consequently, the appeal is allowed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 33. ......en (Deterrent Punishment) Ordinance, 1983 and sentenced thereunder to rigorous imprisonment for 10 years and a fine of Taka 5,000.00 each, in default, to suffer rigorous imprisonment for a further period of one year in Special Tribunal Case No. 668 of 1992 on 10-5-94. 3. Miss Gour..Category: Criminal Law | Date: | Hits: 76
Bangladesh Vs. Shirely Anny Ansari, 2000, 29 CLC (AD)
....gh Court Division in Writ Petition No. 7756 of 1997 is hereby set aside and that of the Court of Settlement restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 180. ......rstwhile East Pakistan. Dr. Ansari was given lease of a plot of land at Dhanmondi residential area which is plot No. 500- H, Road No. 8(Old) of Plan No. 613/58 measuring an area of 14 kathas for a period of 99 years on 7-1- 1960 with the option of renewal of lease. While Dr. Ansari was in posses..Category: Property Law | Date: | Hits: 64
Abul Bashar Vs. Investment Corporation of Bangladesh & another, 2000, 29 CLC (AD)
....sel for the petitioner are distinguishable on facts. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 178. ...... Limitation Act was not applicable to the proceedings before it is held to be correct. Under section 3 of the Limitation Act, every suit instituted, appeal preferred and application made after the period of limitation prescribed therefor by the First Schedule shall be dismissed subject to the pr..Category: Administrative Law | Date: | Hits: 121
Bangladesh and another Vs. Habib Zamil, 2000, 29 CLC (AD)
....the result, the appeal is allowed and the impugned judgment and order set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 174. ......ower of Attorney on behalf of the writ petitioner. 12 Mr. KS Nabi learned Counsel for the respondent, supports the judgment of the High Court Division and contends that during the material period the Court of Settlement was duly constituted so that they had to abandon their application b..Category: Property Law | Date: | Hits: 73
Yaqub Mohammad and another Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....been issued without any lawful authority. We see no ground for grant of leave and dismiss the petitions accordingly. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 159; 5 MLR (AD) 137. ......is dismissed. The Bank Companies Act, 1991 (XIV of 1991), Section 17(1) Consequence of default of payment by the directors- Directorship of the defaulter loanee is vacated on the expiry of the period of two months notwithstanding the subsequent rescheduling of the loan and repayment of ten pe..Category: Banking Law | Date: | Hits: 191
Bangladesh and others Vs. Mizanur Rahman, 2000, 29 CLC (AD)
....tion of maintainability of the writ petition accepting the submission of the learned Advocate for the respondent that remedy under section 194 of the Act is not an equally efficacious remedy as It stipulated deposit of 50% of the penalty or duty demanded held: because the remedy provided for in ......d the respondent did not take any legal action within 6 months of making payment and, as such, the High Court Division ought to have discharged the Rule Nisi for not coming to the Court within the period of limitation. 7. At the outset it may be mentioned that in the case of Mostafizur R..Category: Fiscal/Taxation Law | Date: | Hits: 94
Syed Jahangir Hossain Vs. Md. Moyenuddin and others, 2000, 29 CLC (AD)
....de above we find no merit in this appeal. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 140. ......asters Examination held in 1983 obtaining third class. He was allowed to continue in service by the Dhaka University authority on condition of his improvement of result within 3 years and the said period was further extended for 5 years upto 22-6-1997. He along with other teachers of the colleg..Category: Others | Date: | Hits: 84
Asmat Ali Vs. Abdur Rafique Mridha and others, 2000, 29 CLC (AD)
....y dismissed without costs. Order of the Court By a majority decision the appeal with cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 132. ...... and ten years expired on 25-3-72. President’s Order No. 88, of 1972 came into operation on 3-8-72. Thus, it appears that prior to the promulgation of President’s Order 88 of 1972 the period of mortgage expired on 25 The learned Single Judge wrongly held that the mortgage money was ..Category: Property Law | Date: | Hits: 64
Bisheswar Bhattacharjee Vs. Shantimoy Bhattacharjee and others, 2000, 29 CLC (AD)
....udge refusing to strike out the defence. This petition merits no consideration and is accordingly dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 124. ......er 11, rule 21 of the Code of Civil Procedure acted illegally in failing to notice that rule 8 of the said Order clearly expresses the intent of the legislature that the Court shall not extend the period of time initially granted to the defendants to file answers to the interrogatories served up..Category: Procedural Law | Date: | Hits: 97
Abdus Sattar and others Vs. IFIC Bank Ltd., 2000, 29 CLC (AD)
....ns raised for the aforesaid reasons are of no substance. The petition is dismissed with any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 122. ......e Memorandum of Appeal before the High Court Division the appellant did not deposit half of the decretal amount in the trial Court. Nowhere in section 7 it is provided that such deposit beyond the period of 30 days from the date of decree is compliance with the requirement of section 7 for the p..Category: Business or Commercial Law | Date: | Hits: 115
Abdus Samad & ors Vs. Dt. Com. & Custodian of Vested Pty & Non-Res Pty, 2000, 29 CLC (AD)
....ision of the High Court Division. The petition is devoid of any force and the same is accordingly dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 120. ......sp; August 23, 1999. The Limitation Act, 1908 (IX of 1908), Section 28 Permissive possession for indefinite longer period can not vest title on the possessor or his successor. Such possession does not become advers..Category: Property Law | Date: | Hits: 59
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