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Moqbul Ahmed and another Vs. Ahmed Impex (Pvt.) Ltd. and ors, 1996, 25 CLC (AD)
.... of the learned Single Company Judge, if so advised. The appeal is therefore allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 82 ......Division Bench was incompetent. Murshed, CJ further observed: “As we have stated above, this High Court derives jurisdiction to try matters relating to the Companies Act under the provisions of section 3 of the Act itself, and not under the Letters Patent. The necessary corol..Category: Business or Commercial Law | Date: | Hits: 118
Government of Bangladesh Vs. A H M Amir Hossain, 1996, 25 CLC (AD)
....ection he relied upon Jatinder Kumar and others vs. State of Punjab and others (1985) 1 SCC 122 for the proposition that the advice given by the Public Service Commission is only directory and not mandatory. Finally, the learned Additional Attorney-General submitted that in no case the High Cour......rules for the said purpose and this will be evident from the Education Ministry’s letter dated 30-4-1979 Annexure “A”. Article 133 of the Constitution provides that subject to the provisions of the Constitution Parliament may by law regulate the appointment and conditions of ser..Category: Constitutional Law | Date: | Hits: 174
Raziul Hasan Vs. Badiuzzaman Khan and others, 1996, 25 CLC (AD)
....nt and hearing respondent No. 1 and the appellant afresh. The other parts of the Tribunal’s order will remain and not be reopened. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 71. ......ted on 30-6-90; that the claim of respondent No. 1 was time-barred and the Administrative Tribunal could neither have admitted his application nor could decision be given in violation of the specific provisions of the statute. 5. Administrative Tribunal case was filed on 29-12-90. In this case, ..Category: Administrative Law | Date: | Hits: 167
Moti Mia Vs. Ayesha Khatun and another, 1996, 25 CLC (AD)
....easonings therefor. For the reasons stated above, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 64 ...... on her by the plaintiff. 9. The learned Single Judge of the High Court Division observed in his judgment. “In the absence of any evidence of force, coercion or intimidation, the provisions of section 23 of the Contract Act cannot be attracted in a case.” 10...Category: Property Law | Date: | Hits: 72
Managing Director, Rupali Bank Ltd. Vs. Md. Nazrul Islam Patwary & others, 1996, 25 CLC (AD)
....ide the order of termination on merit has been upheld upto the High Court Division. As a result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 62. ......able. 7. Rupali Bank is undoubtedly a commercial establishment and the plaintiff being a security guard his condition of service, in addition to the Bank Service Rules, Is also regulated under the provisions of the Act. The term “worker”, as is defined in section 2(v) of the Act does contempl..Category: Labour and Industrial Law | Date: | Hits: 152
Mohammad Brothers Vs. Collector of Customs and another, 1996, 25 CLC (AD)
....missions made by him before the appellate body which will not be inhibited by any observation or finding on the merit of the petitioner’s case. The petition is dismissed. Ed. ......s in support of all his submissions. 5. The fact that the petitioner has to deposit the full amount of penalty before filing appeal is not an absolute provision in the Customs Act. There are provisions in the said Act its mitigating the rigour of the said provision. It is only when a prov..Category: Business or Commercial Law | Date: | Hits: 111
A K Mohammad Idris Vs. Bangladesh Krishi Bank and Others, 1996, 25 CLC (AD)
....e Appellate Tribunal are set aside and those of the Administrative Tribunal are restored. The appeal is allowed with cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 48 ......ring necessary papers for the scheme. It was after the retirement of the appellant on 30 March 1987 the Bangladesh Krishi Bank Service Regulations 1988 introduced pension scheme in addition to the provisions for provident fund. 2. Sub-Regulation (2) of Regulation 48 provides that the Bank..Category: Employment/Service Law | Date: | Hits: 150
Bangladesh Telecom (Pvt.) Ltd. Vs. Bangladesh T & T Board & others, 1993, 21 CLC (AD)
....etition in respect of this system is allowed. No order as to costs. Civil Appeal No. 3 of 1993 is dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 20......pany with HBTL for installation and operation of other cellular radio telephone systems are all admitted facts. 30. Section 3 of Act No. XVII of 1989 by which BOI was established provides that the provisions of this Act and the rules made thereunder shall have effect notwithstanding anything to t..Category: Information Technology Law | Date: | Hits: 242
Attar Mia and another Vs. Mahmuda Khatun Chowdhury, 1996, 25 CLC (AD)
....to cannot be accepted. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 16 ...... in the Second Court of Subordinate Judge, Sylhet for pre-emption of the suit land measuring. 1450 acre of Plot No.5699 Khatian No.34 17 of Mohalla Zinda Bazar within Sylhet Municipality under the provisions of the Mohammedan Law alleging, inter alia, that defendant Nos.2-9 who were owners of th..Category: Property Law | Date: | Hits: 84
Hasina Khatoon and others Vs. Bangladesh and others, 1996, 25 CLC (AD)
....t follows that the Court of Settlement must now dispose of this matter according to law. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 13 ......t follows that the Court of Settlement must now dispose of this matter according to law. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 13 ..Category: Property Law | Date: | Hits: 53
Government of Bangladesh Vs. Md. Jalil and others, 1995, 24 CLC (AD)
.... the result, therefore, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: I ADC (2004) 415, 48 DLR (AD) (1996) 10, 49 DLR (AD) (1997) 26 ......e building is not an abandoned building and has not vested in the Government under President’s Order No. 16 of 1972 or that his right or interest in the building has not been affected by the provisions of that Order. The onus, therefore, is squarely on the claimant of the building to prove..Category: Property Law | Date: | Hits: 57
Abdul Wadud Vs. State, 1995, 24 CLC (AD)
....ded by Act No. XLII of 1992 will be applicable to the pending cases. In the result, the appeal is dismissed. Ed. This Case is also Reported in: (1995) 3 BLT (AD) 236, 48 DLR (AD) (1996) 6.......cation under section 339C (4) of the Code of Criminal Procedure, because the specified time had already expired before the passing of the impugned order by the learned Sessions Judge and that the new provisions introduced by Act XLII of 1992 will not apply in the present case. The learned Advocate f..Category: Criminal Law | Date: | Hits: 75
Basiruddin Sarkar Vs. Jasimuddin Sarkar and others, 1972, 1 CLC (HCD)
....The result, therefore, is that the appeal is dismissed without any order as to costs. The judgment and decree of the trial Court as upheld by the lower appellate Court are affirmed. Ed. ...... by an appeal to general law. Joint ness in mess, residence and property and acquisition by one member in his own name with joint funds will go a long way in attracting the application of those provisions of law which entitle a person to a beneficial interest in the property acquired by anot..Category: Property Law | Date: | Hits: 51
Abdul Gani and others Vs. State, 1972, 1 CLC (HCD)
....nt of sentence has become infructuous and it is accordingly discharged. Let a copy of this order be sent to the learned Special Judge wherever he may be in present stationed. Ed. ......s well known that this principle follows from the cardinal proposition that the accused is presumed to be innocent until his guilt is established by the prosecution beyond any shadow of doubt. The provisions of section 105 of the Evidence Act as quoted above is an important qualification of this..Category: Criminal Law | Date: | Hits: 68
Rakman Ali alias Md. Rakman Ali and others Vs. Hasib Ali Chowdhury and others, 1972, 1 CLC (HCD)
....servations made above after discussing and considering all the material evidence on record. 18. In the facts and circumstances of the case, there will be no order as to costs. Ed. ......e, and this power may be exercised in favour of all or any of the respondents or parties, although such respondents or parties may not have filed any appeal or objection. Having regard to the said provisions of law if I now consider the preliminary objection it would be found that the instant ap..Category: Property Law | Date: | Hits: 59
Safar Ali and others Vs. State, 1972, 1 CLC (HCD)
....isonment for one month. If there is default in the payment of fine under both the counts (sections 147 and 324 PPC) the sentences of two months and one month shall run consecutively. Ed. ......y was causing mischief and if in course of that occurrence hurt was caused to one of the victims no separate sentence could be passed for causing the hurt as such an order would be contrary to the provisions of section 71 of the Pakistan Penal Code. In another decision in the of case MFN R..Category: Criminal Law | Date: | Hits: 69
Dr. Rati Ranjan Choudhury Vs. Parul Bala Marwari and another, 1972, 1 CLC (HCD)
.... meet with disappointment. The result, therefore, is that the appeal is dismissed without any order as to costs, the judgment and order under appeal is hereby confirmed. Ed. ......, the plaintiff has not set out as to how he acquired his titles. The story is set out in his evidence". Then after a detailed discussion of the evidence on record and the relevant provisions of the law the learned Munsif arrived at the finding that the lease deed, Exhibit 1 (a) ..Category: Property Law | Date: | Hits: 71
Premhari Barman and others Vs. Commissioner of Taxation, East Pak. Dacca, 1972, 1 CLC (HCD)
....ingly, our answer to the second question is in the affirmative. 12. In view of the facts and circumstances of the present case, we direct the parties to bear their own costs. Ed. ......ax Tribunal under sub-section (2) of section 63 of the Agricultural Income-tax Act. The questions of law propounded by and referred to this Court are as follows: "(I) Whether the provisions of Section 30 of the Bengal Agricultural Income Tax, Act, 1944 as adopted in East Pakis..Category: Fiscal/Taxation Law | Date: | Hits: 98
Syed Modaris Ali Vs. Syed Md. Illias Ali and others, 1972, 1 CLC (HCD)
....he observations made in the judgment. The cost of this appeal will abide by the result. In view of the above order, the cross-objection has lost its importance and is, therefore, rejected. Ed. ......hereof was dispensed with, the question arises whether this document can be looked into as a piece of evidence for the purpose of contradicting the defendant No. 1 without strict compliance of the provisions of section 145 of the Evidence Act. We are of the opinion that although formal proof was..Category: Property Law | Date: | Hits: 59
Rabiul Hossain Vs. Chairman, District Council Khulna and DC Khulna and others, 1972, 1 CLC (HCD)
....s petition was passed without lawful authority and has no legal effect. The petitioner is entitled to his cost of this petition which we assess at Rs. 51.00 (Rupees fifty one-only). Ed. ...... Basic Democracies Order, 1959, and the Rules thereunder. I would, therefore, request you to kindly take necessary steps for the removal of the said Chairman from the office under the provisions of the East Pakistan Local Councils (Removal of Election Chairman Members) Rules, 1967...Category: Others | Date: | Hits: 92
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