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University of Rajshahi Vs. Md. Abdul Mannan Bhuiyan and others, 2006, 35 CLC (AD)
....have no respect for the ethics and values of the profession. In the background of the aforesaid discussions the petition for leave to appeal is dismissed with cost of Tk. 15,000/-. Ed. ......tioner's answer script of the 13th paper, namely, Administrative Law of the Examination of LL.B (Hon's) Part-IV of the year, 1999, examination held in the year 2000 in accordance with the relevant provisions for re-examination within the period of two months from the date of receipt of the judgm..Category: Civil Law | Date: | Hits: 97
Abdus Salam Vs. Samala Bibi and others, 2008, 37 CLC (AD)
....nations offered for condonation of delay are far from satisfactory. 10. In the aforesaid premises, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......for taking cognizance of the case which was not considered by the High Court Division. 7. It is further submitted that the Magistrate accepted the report which was not contemplated under the provisions of sections 173 of the Code of Criminal Procedure and thus the impugned proceeding is no..Category: Criminal Law | Date: | Hits: 37
Hotel Agrabad Ltd. CTG Vs. Chairman, First Labour Court, Khatungonj, CTG & ors, 2008, 37 CLC (AD)
....ce the impugned Judgment passed in the aforesaid two writ petitions deserves no interference by this court. Both the appeals are accordingly dismissed without any order as to costs. Ed. ......nd 7 are therefore reproduced below for proper appreciation of the contentions raised on behalf of both the parties. "5. Penalty. - (1) Where any company fails to comply with the provisions of section 3, the Government may, by order in writing, require it to comply with those ..Category: Labour and Industrial Law | Date: | Hits: 95
Government of the People's Republic of Bangladesh Vs. Md. Fariduddin Talukder, 2008, 37 CLC (AD)
....ground to interfere with the judgment of the High Court Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 111. ...... Union Parishad on 26.01.1998. While he was performing his official functions and public duties as Chairman of the Union Parishad, the respondent No.2 issued impugned order of suspension under the provisions of section 65(1) of the Local Government (Union Parishad) Ordinance, 1983 (shortly the O..Category: Civil Law | Date: | Hits: 104
Capt. Mir Mazharul Huq Vs. Bangladesh Biman Corporation And Others, 2008, 37 CLC (AD)
.... The appeal is allowed with the aforesaid direction to the Respondents. There is no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 21. ...... the meaning of the definition of "public servant" as given in the Public Servant (Retirement) Act, 1974 (Act No. XII of 1974), and section 3 of the said Act having provided that the provisions of the said Act and the rules made thereunder shall have effect notwithstanding an..Category: Employment/Service Law | Date: | Hits: 79
Sahera Khatun & others Vs. Abdur Rahim SK and another, 2008, 37 CLC (AD)
....try. In the background of the discussions made hereinabove, we find no merit in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 21. ...... with the view expressed in the case reported in 38 DLR 270 (Idrish Ali's case). 14. In the case of Nur Ahmed vs Kalimuddin Ahmed and another reported in 1987 BCR (AD) 152 it was held "Reading the provisions of Rules 30 and 39 of the Tenancy Rules 1954, there could be no difficulty in holding tha..Category: Criminal Law | Date: | Hits: 48
Abdul Motalib Vs. Iman Ali Mollah and others, 1990, 19 CLC (AD)
.... Court and the lower appellate Court correctly decided the issue of limitation. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 123. ......e the certificate is endorsed thereon and signed, sealed and dated in terms of section 60, nor has it to wait for acquiring the character of a registered document till after compliance with the other provisions that follow section 60. Their Lordships of the Privy Council having had an occasion to re..Category: Procedural Law | Date: | Hits: 119
Nur Mohammad Vs. Badruddoza Chowdhury and anr., 1990, 19 CLC (AD)
....erefore, this appeal is allowed and the judgment and order of the High Court Division is set aside without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 116 ...... "When a borrower or his surety makes default in repayment beyond 24 monthly instalments or otherwise fails to comply with the terms of the agreement........., the Corporation notwithstanding the provisions of any other law may, without the intervention of any Court, sell any property pledged, m..Category: Election Law | Date: | Hits: 124
Comilla Electric Supply Ltd. Vs. Commissioner of Income Tax, Chittagong Zone, 1982, 11 CLC (AD)
....Income Tax Authority was perfectly correct in making the assessment. In the result, therefore, this appeal is dismissed with costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 112. ......sualised either by the High Court Division or by the Tribunal though section 10(2) (vii) was considered by them. Section 10 of the Income Tax Act is in the following terms: "10. (1) Subject to the provisions of this Act, the tax shall be payable, by an assessee under the head business, profits ..Category: Fiscal/Taxation Law | Date: | Hits: 80
Sree Shushil Ranjan Dutta Vs. Al-Haj Moulvi Idris Mia, 1986, 15 CLC (AD)
....result, therefore, these appeals are allowed. The judgment and order of the High Court Division are set aside. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 110. ......f the basis of the claim or of the pleading, in our view, has assumed a complexion wholly different from the original cause of action." Reliance was placed on PLD 1948 (PC) 73, 15 DLR (SC) 120 and provisions of Order 6, rule 17 C.P.C. Reasons for refusing amendment was framed thus: "If the app..Category: Procedural Law | Date: | Hits: 84
Sonali Bank Vs. Mahbubul Amin and another, 1989, 18 CLC (AD)
....sion upon correct view of the law and fact discharged the rule. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 107. ......ection (2) of section 34 C.P.C is not attracted in the facts of the present case because the decree is not silent in respect of the interest mentioned therein. 10. It is necessary to examine the provisions of section 34 C.P.C. which relates to interest and reads as follows: 34. (1) Where and..Category: Civil Law | Date: | Hits: 113
Abdul Mannan Talukder Vs. BD House Building Finance Corporation and another, 1989, 18 CLC (AD)
....nd any grievance with regard to that could only be agitated before the Administrative Tribunal. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 104. ......s master, (ii) He agrees, expressly or impliedly, that in the performance of that service he will be subject to the other's control in a sufficient degree to make that other master, (iii) The other provisions of the contract are consistent with its being a contract of service." 9. Mr. Hossain h..Category: Labour and Industrial Law | Date: | Hits: 111
Government of Bangladesh Vs. Basharatullah, 1989, 18 CLC (AD)
....y legal effect and as such the title and ownership of the suit land has always rested and continues to rest with the plaintiffs and has never been vested with the defendants; (d) for an order of mandatory injunction directing the defendants to perform their statutory duties by making proper a......r a decree declaring that required and valid notices under section 5(1a) and 5(3) of Act—XIII of 1948 have not been issued or served in L.A. Case No. 63/59-60 in respect of the suit property as per provisions of law; (b) for a declaration that Gazelle Notification No. DA 72/71/355 dated 25.6.73..Category: Property Law | Date: | Hits: 38
Begum Lutfunnessa Vs. Bangladesh, 1989, 18 CLC (AD)
....nt's house at serial 41 under the heading 'Motijheel Commercial Area' has been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 86. ...... in any manner under the President's Order No. 16 of 1972. The appellant was surprised to see the public notice dated 28.4.86 published in The Bangladesh Gazelle Extra-ordinary on 28.4.86 under the provisions of section 5(1)(a) of the Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 ..Category: Property Law | Date: | Hits: 54
Aftabuddin Vs. Mahfuzus Sobhan & ors., 1990, 19 CLC (AD)
....he Appeal is allowed. The Specific Relief Act, 1877 (I of 1877), section 55 Where the use of property is permissive and not as of right no case is made out for injunction far less a question of mandatory injunction. The obligation referred to in this section means a legal obligation and not a ......ng of facts in this case the less said the better. With this observation, this appeal is disposed of without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 78. ..Category: Property Law | Date: | Hits: 30
Ziaul Huq and ors. Vs. Messers Business Resources Ltd. & ors., 1989, 18 CLC (AD)
....pinion that no further steps need be taken at this stage and in this view of the matter, the petition for special leave is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ...... 1.6.88. 3. This School was established at the initiative of the local people in 1933 and in order to make it a modern institution, the Government requisitioned 12 bighas of land in 1956 under the provisions of East Bengal (Emergency) Requisition of Property Act, 1948 in L.A. Case No. 8/55-56. Th..Category: Civil Law | Date: | Hits: 130
Mohammad Julfikar Vs. Abul Kalam Chowdhury and ors, 1989, 18 CLC (AD)
....ms. In view of the above, we dismiss both the appeals, Civil Appeal No. 40 of 1989 and Civil Appeal No. 61 of 1989. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 83. ......e earlier decision of the House in Ormond Investment Co. V. Betts [1928] A.C. 143 afforded "conclusive and Binding authority for the proposition that, in construing a provision of an earlier Act, the provisions of a later Act cannot be taken into account except in a limited class of cases, and that ..Category: Election Law | Date: | Hits: 125
The Dhaka Dyeing and Manufacturing Co. Ltd. Vs. Agrani Bank, 1990, 19 CLC (AD)
..... 75,55,020.28 paisa after adjustment. The defendant Bank also filed a money suit for realization of Tk. 94,64,543.32 paisa. The suits are pending. The plaintiff-petitioner filed an application for mandatory injunction for return of the pass book deposited with the defendant bank. The trial Court ......d and disposed of by 30th November, 1989. 8. With the above observations, this appeal is disposed of without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 60 ..Category: Banking Law | Date: | Hits: 99
Sayesta Bibi and others Vs. Juma Sha and others, 1989, 18 CLC (AD)
....permission to purchase the share of the stranger-purchaser. In view of the above, the appeal is dismissed. No costs in this appeal. Ed. This case is also reported in: 42 DLR (AD) (1990) 53 ......people, the co-sharers' attachment to their ancestral house and their anxiety to preserve the purdah and privacy of the members and inmates of the undivided dwelling house, the legislators made the provisions of section 4 of the Partition Act. The expression 'a dwelling house belonging to an undiv..Category: Property Law | Date: | Hits: 45
Liakat Ali alias Liakat Ali (Md.) Vs. State, 1990, 19 CLC (AD)
.... petition before us the learned Counsel for the appellant referred to the judgment of the trial Court and the appellate Court and argued that there was no reference to any order of sanction which was mandatory for the trial of the appellant, a public servant. Leave was, therefore, granted to see......ismissed. Stay of realization of fine is vacated and the appellant is directed to surrender to his bail bond and serve out the sentence. Ed. This case is also reported in: 42 DLR (AD) (1990) 30 ..Category: Criminal Law | Date: | Hits: 41