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Additional Deputy Commissioner (Revenue), Manikgonj Vs. Md. Siddiqur Rahman & ors, 1994, 23 CLC (AD)
....ant No. 7. Plaintiffs-respondents claim title and possession of the land by Pattan from the admittedly original owner, Sunil Chandra Ghosh. But when defendant No. 7, claiming to be a lessee of the Government, threatened the plaintiffs with dispossession, they filed the suit in question (Title Su......dur Rahman. The summary rejection of the revisional application is perfectly justified. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 179 ..Category: Property Law | Date: | Hits: 62
Abul Basher Howlader Vs. The State and another, 1994, 23 CLC (AD)
....) This Act may be called the Dowry Prohibition Act, 1961. (2) It extends to the whole of India except the State of Jammu and Kashmir. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. 2. Definition of "dowry".‑I...... The appeal is dismissed. The appellant is directed to surrender to his bail bond and serve out the remainder of the sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 169 & 244 ..Category: Criminal Law | Date: | Hits: 69
Bangladesh Vs. Luxmi Bibi and others., 1994, 23 CLC (AD)
....l from Original Order (Award) No. 224 of 1990). Judgment: Shahabuddin Ahmed CJ.- Government is the appellant in this appeal by special leave. The main question raised here is wheth......lised. Subject to this reduction in amount and direction for payment, the appeal is dismissed without, however, any cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 158 ..Category: Procedural Law | Date: | Hits: 104
Moni Begum and others Vs. Rajdhani Unnayan Kartripakha and others, 1994, 23 CLC (AD)
.... 4.7.87 issued by respondent No. 1 Rajdhani Unnayan Kartripakha asking the appellants to vacate the requisitioned land. A Rule Nisi was issued thereupon on 15.7.87. Neither respondent No. 1 nor the Government-respondent Nos. 2 and 3 submitted any affidavit-in‑opposition and no one appeared ......ing justice in a case and whether the court will exercise such power is a matter of judicial discretion for that court. Ed. This case is also reported in: 46 DLR (AD) (1994) 154 ..Category: Procedural Law | Date: | Hits: 102
Secretary, Min of Ind., Nationalised Industries Division Vs. Saleh Ahmed & anr, 1994, 23 CLC (AD)
....der passed by the High Court Division in Writ Petition No. 701 of 1977. 2. The Respondent No. 1 as petitioner filed an application under Article 102(1)(a)(i) of the Constitution against the Government and other proforma-respondents for giving effect to the order of release and to deliver ......t;to do that which is required by law to do." 12. In the result, therefore, both the petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 148 ..Category: Constitutional Law | Date: | Hits: 157
Chairman, Civil Aviation Authority of Bangladesh Vs. Kazi Abdur Rouf and others, 1994, 23 CLC (AD)
....n of a regular Managing Committee of the Staff Welfare High School in terms of Regulation 20(1) of the Board of Intermediate and Secondary Education, Dhaka (Managing Committee of the recognised Non‑Government Secondary Schools) Regulations, 1977, hereinafter called the Regulations. Simply stated t......e public? The writ petition itself was misconceived. For all the above reasons the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 145. ..Category: Property Law | Date: | Hits: 86
Abdul Mannan alias Manu Vs. Sajedul Hoque and others, 1994, 23 CLC (AD)
....mbers had fallen vacant owing to their failure to take oath within the prescribed period and a fresh election should be held for those offices. 3. It was his case that section 9 of the Local Government (Union Parishads) Ordinance, 1983 (Ordinance No. LI of 1983), hereinafter called the Ord......out any order as to costs. The impugned order of the High Court Division is set aside and the Writ Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 138 ..Category: Election Law | Date: | Hits: 136
Post Office High School Vs. Asgar Ali & others, 1994, 23 CLC (AD)
....uracy of factual basis of statement was not disputed. In RJ Singh Vs. State of Delhi AIR 1971 (SC) 1552 (1553) a jurisdictional point as to whether the sanction for the prosecution was granted by the Government was allowed to be raised for the first time in the Supreme Court. The new plea need to be......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. ..Category: Employment/Service Law | Date: | Hits: 101
Helaluddin Ahmed alias Swapan. Vs. Bangladesh, 1993, 22 CLC (AD)
....oresaid order of conviction and sentence. An allegation of malafide was raised in the writ petition stating that respondent No. 4 of whose behalf the FIR was lodged was a very high official of the Government and he had exercised undue influence in bringing about the reversal of the order of the ......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 ..Category: Constitutional Law | Date: | Hits: 174
AKM Nurul Alam Vs. Bangladesh, 1993, 22 CLC (AD)
.... J AKM Nurul Alam……………..Appellant Vs. Bangladesh ………….Respondent (In Civil Appeal No. 24 of 1992) Mohammad Jahangir Kabir.......................Appellant Vs. Government of Bangladesh and Others …………..Respondents (In Civil Appeal No. 82 of 1992) U......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. ..Category: Administrative Law | Date: | Hits: 129
Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)
.... (SC) 2464 and State of Orissa Vs. BN Agarwalla, AIR 1993, (SC) 2521; Md. Eunus Vs. University of Chittagong, 44 DLR (AD) 296; Kamaphuli Works Ltd. Vs. Sonali Bank 46 DLR (AD) 55; KM Shafi Ltd. Vs. Government of Bangladesh, (1983) BLD (AD) Page 109; Chamsey Bhara Co. Vs. Jibraj Ballo Co. Ltd. (19......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 ..Category: Business or Commercial Law | Date: | Hits: 98
Borhanuzzaman and others Vs. Ataur Rahman Chowdhury and others, 1994, 23 CLC (AD)
....h the Managing Committee was given a show cause notice having been conducted by an incompetent official the impugned order could not be sustained. 3. Section 7 of the Ordinance empowers the Government, by general or special order, to confer all or any of the powers or impose all or any of...... and circumstances of the case. We, therefore, find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 94 ..Category: Others | Date: | Hits: 89
Bangladesh Vs. Commercial Trust of Bangladesh Ltd. and others, 1994, 23 CLC (AD)
....ly duly received by the owner no order can be made for de-requisition of such acquired land……….(10) Case Referred to- Abdul Mannan Vs. Ministry of Land Administration and Land Reforms, Government of Bangladesh, 27 DLR 597. Lawyers Involved: B Hossain, Deputy Attorney‑General......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. ..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. ......nd the Board of Directors who heard the appeal in the absence of any allegation of malafide must have considered all the circumstances and even then found the respondent unsuitable to continue in the job. It is true that the bank did not prosecute the respondent for any criminal offence nor made him..Category: Administrative Law | Date: | Hits: 143
Bangladesh Vs. Subash Chandra Das & ors, 1993, 22 CLC (AD)
....ivision in Writ Petition No. 343 of 1987). Judgment MH Rahman J.- The appeal and the two petitions were heard together and are now disposed by this judgment. The appeal, at the instance of the Government, is directed against the High Court Division's judgment and order dated November 28, 1991......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. ..Category: Property Law | Date: | Hits: 64
Sonali Bank Vs. Karnaphuli Works Ltd., 1993, 22 CLC (AD)
....rt which, on consideration of evidence, ascertained it by reducing the plaintiffs claim in that case reference was made to the Interest Act, 1839 also. 9. The Interest Act, 1839 was passed by the Government of East India Company during the heyday of their rule over India, and obviously, it was i......ation as per the existing bank rate when the sum due to the plaintiff was ascertainable by the Court after hearing the parties. Ed. This case is also reported in: 46 DLR (AD) (1994) 55. ..Category: Business or Commercial Law | Date: | Hits: 128
Bangladesh Parjatan Corporation Vs. Mofizur Rahman and another, 1993, 22 CLC (AD)
....as a Journalist in the Pakistan Observer (nor Bangladesh Observer) he was selected by the Central Public Service Commission of Pakistan to the post of Assistant Director in the Department of Tourism, Government of Pakistan and he joined in the said post on 7.12.68. The Department of Tourism was abol...... 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. ..Category: Employment/Service Law | Date: | Hits: 126
Rear Admiral AA Mustafa Vs. Bangladesh, 1994, 23 CLC (AD)
....nkata Rao Vs. Secretary of State AIR 1937 PC 31, Bangladesh Small Industries Corporation Vs. Mahbub Hossain Chowdhury 29 DLR (SC) 41, JamiI Haq Vs. Bangladesh, 34 DLR (AD) 125, Md. Mujibur Rahman Vs. Government of Bangladesh and others 1992 RLD (AD) 96. Lawyers Involved: Asrarul Hossain, Senio......overnment may retire any officer at any time without assigning any reason whatsoever." The rule clearly excludes the application of principle of audi alteram partem. In view of the nature of the job the naval personnel's function, this law can not be termed as unreasonable and it does not suffe..Category: Employment/Service Law | Date: | Hits: 107
Bangladesh Shilpa Rin Sangstha Vs. Haque Brothers (Carbide) Ltd., 1994, 23 CLC (AD)
....f Article 28 was substituted by Ordinance No. L of 1983 thus: "(ii) in Bangladesh currency at the rate of exchange prevailing on the date of payment or at such other rate as the Government may, by order, determine from time to time in this behalf". 13. It is arg......find that our judgment does not need a review. The review petitions are accordingly dismissed. No costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 39 ..Category: Banking Law | Date: | Hits: 125
Abdul Bari Sarker Vs. Bangladesh, 1994, 23 CLC (AD)
.... Mustafa Kamal J Latifur Rahman J. Abdul Bari Sarker .............................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Establishment, Government of the People's Republic of Bangladesh, Bangladesh Secretariat, Dhaka and others…......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
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