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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. ......tion 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 provisions of section 4 to 25……..(8) Cases referred to- ..Category: Administrative Law | Date: | Hits: 121
Jamir Ali (Md) and others Vs. Secretary, Ministry of Land & others, 2000, 29 CLC (AD)
.... 1953 Act as amended by sections 22 and 23 of the 1987 Act. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 176; 6 MLR (AD) 2001, 41. ......of any land or interest in land for any scheme shall be deemed to be acquisitioned for public purpose within the meaning of The Acquisition and Requisition of Immovable Property Ordinance, 1982 and provisions of the Ordinance shall apply to all proceedings relating to acquisition of property for..Category: Property Law | Date: | Hits: 94
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. ......pur, Dhaka. After the promulgation of the Abandoned Properties (Supplementary Provisions) Ordinance, 1985 (briefly the Ordinance), the said property was enlisted as an abandoned property under the provisions of section 5(1)(a) of the Ordinance and published in the official Gazette, dated 28 Apr..Category: Property Law | Date: | Hits: 73
Bangladesh and others Vs. Mizanur Rahman, 2000, 29 CLC (AD)
....of any excess duty under section 33 of the Act within six months of such payment his writ petition is not maintainable. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 149. ......he Act nor filed any application for refund of the alleged extra duty under section 33 of the Act nor gave any explanation for non-filing of any appeal or application for refund on the face of the provisions for appeal or refund within time his writ petition was not maintainable……&..Category: Fiscal/Taxation Law | Date: | Hits: 94
Syed Jahangir Hossain Vs. Md. Moyenuddin and others, 2000, 29 CLC (AD)
.... from his service. Thereafter respondent No. 1 as plaintiff filed the aforesaid suit for declaring his order of removal as void, illegal collusive, fraudulent and without jurisdiction and also for mandatory injunction on the ground that no notice was served on him and he was not given any opport......d Conditions of Service of Teachers of Non- Government Colleges by the Governing Body is wholly illegal. On the other hand, Court of appeal below found that the plaintiff failed to prove under the provisions of which law he got appointment as teacher of Kalashkati Degree College; that he having ..Category: Others | Date: | Hits: 84
ASF Rahman and another Vs. AM Agha Yousuf and others, 2000, 29 CLC (AD)
....garding locus standi of the appellants. In the result, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 127. ...... before the Company Judge against the report of the Chairman so far as it relates to the election of directors illegally overruling, his objection on the ground that there has been violation of the provisions of Article 114 of the Articles of Association of the said Bank Company in accepting the..Category: Business or Commercial Law | Date: | Hits: 107
Delwar Hossain Mia (Md) and another Vs. Bangladesh, 2000, 29 CLC (AD)
.... substantial question of law has been made out for grant of leave in this case. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 120. ......ive effect from 20 March 1991. 4. The petitioners challenged the said order of the Home Ministry (Annexure-B) in the writ petition. They alleged that the impugned order was contrary to the provisions of the BCS (Police) Composition and Cadre Rules 1980, the BCS Recruitment Rules, 1981 an..Category: Constitutional Law | Date: | Hits: 151
Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)
....ndence for effective and meaningful discharge of its constitutional functions. For the above reasons, I concur with the judgment. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 82. ...... Order 1980 with amendment of 1986 is ultra vires the Constitution……..76(3) Article 115 Necessary steps be taken forthwith for the president to make Rules under Article 115 to implement its provisions which is a constitutional mandate. Nomenclature of the judicial service shall be desi..Category: Constitutional Law | Date: | Hits: 829
Islami Bank Bangladesh Limited Vs. Al-Haj Md Shafiuddin Howlader& another, 2000, 29 CLC (AD)
....pugned judgment of the High Court Division is set aside and the judgment and order of the Artha Rin Adalat is restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 76. ......t. 4. According to sub-section (4) of section 5 of the Act the Artha Rin Adalat is a Civil Court having all the powers and jurisdiction under the Civil Procedure Code, 1908 subject to the provisions of the Act. Sub-section (5) of section 5 thereof makes the provisions of the said Code a..Category: Business or Commercial Law | Date: | Hits: 104
Abdur Rahim Chowdhury Vs. Bangladesh Bank and others, 2000, 29 CLC (AD)
....gment and order requires no interference by this Court. The appeal is dismissed with cost to the respondents. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 71. ......f respondent No. 1. Bangladesh Bank dated 22-12-96 directing the appellant to refrain from performing functions of the Managing Director of Arab Bangladesh Bank Ltd. until further orders under the provisions of section 46(2) of the Banking Companies Act, 1991. 2. Appellant while serving..Category: Business or Commercial Law | Date: | Hits: 116
Nur Israil Talukder (Md) Vs. State, 2000, 29 CLC (AD)
....t Division are set aside and further proceedings of the case stand stopped and the accused appellant stands released. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 51. ......ovision for revival of the case after lapse of two years under section 8(a) of the Criminal Law Amendment Act. So the learned Divisional Special Judge had no authority to revive the case under the provisions of the Code of Criminal Procedure………………&hellip..Category: Criminal Law | Date: | Hits: 59
Abul Qayum Khan and others Vs. Md. Abu Yousuf Mridha and others, 2000, 29 CLC (AD)
....sed, for what it is worth, at the earliest opportunity. But it was not done. This petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 48. ......ommitted an error of law in holding that the suit was not bad for non-joinder of party. 5. The object of the President’s Order, as stated in the preamble and also in its substantive, provisions, is to prevent certain transfer of immovable property in derogation of some legislative ..Category: Property Law | Date: | Hits: 47
Shafiuddin Chowdhury (Md) Vs. Md. Abdul Karim and others, 2000, 29 CLC (AD)
.... basis of co-sharer ship is not maintainable. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 41. ....... Leave was granted in the review petition to consider the submission of Mr. Khandker Mahbubuddin Ahmed, learned Advocate appearing for the pre-emptee-appellant, to consider whether in view of the provisions of section 2(2) of the Code of Civil Procedure read with section 24(11) of the Non-Agri..Category: Property Law | Date: | Hits: 57
....such, they were competent to participate in the present election for determination of, CBA and that the provision of section 22(5)(a) of the Industrial Relations Ordinance, 1969 was directory and not mandatory.
5. Similar affidavit-in-opposition was filed by the Employees Union who was subsequen......e ground that the letter of the Registrar asking KPM to supply the list of contractor’s workers and enlistment of the Contractor’s workers as voters for determination of CBA were violative of the provisions of section 22(5)(a) of the Ordinance inasmuch as the said workers were not workers of KPM..
Category: Labour and Industrial Law | Date: | Hits: 163
University of Dhaka and another Vs. Professor AK Monwaruddin Ahmed, 2000, 29 CLC (AD)
....he decision sought to be appealed from does not suffer from any infirmity of law. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 17. ......at the respondent being a Teacher of the University should have preferred an appeal before the Chancellor for redress of his grievance which is an equally efficacious remedy provided by law as per provisions contemplated in Article 52 of the Dhaka University Order, 1973, as has been upheld in th..Category: Constitutional Law | Date: | Hits: 201
Mirza Abdul Hakim, Son of Jamal Mondal and others Vs. State, 2000, 52 CLC (AD)
.... and they are acquitted of the same. The appellants be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 14. ...... is an inordinate delay in holding TI parade and secondly there was chance for PW 1 to see the accused persons in Court lock up before the identification in the TI parade. In view of the aforesaid provisions of Police Regulation and the facts and circumstances of the case before us and consideri..Category: Criminal Law | Date: | Hits: 92
Mustafa Kamal and another Vs. Commissioner of Customs and others, 1999, 28 CLC (AD)
.... lawful authority insofar as they relate to Soda Ash Light. In the result, the two appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 1. ......ime the fixation of tariff value at US $ 220 per metric ton cannot be called an arbitrary decision. The Division Bench desired that the National Board of Revenue should frame rules with regard to the provisions of section 25(1) of Customs Act to avoid further complications. 4. Leave was granted t..Category: Business or Commercial Law | Date: | Hits: 165
Government of Bangladesh and others Vs. Md. Tajul Islam, 1997, 26 CLC (AD)
....this appeal should be dismissed. Order of the Court By majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 177. ......ed by the High Court Division may be considered in this appeal by the Government instead of making an order of remand. 8. At the hearing of the appeal, it appeared clearly upon reading the various provisions of the Ordinance, particularly sections 14 and 26 thereof, and Mr. Ahmed also expressed t..Category: Constitutional Law | Date: | Hits: 192
Abdul Kaiyum (Md) Vs. Krishnadhan Banik being dead, his heirs Bijan K Banik & ors, 1997, 26 CLC (AD)
....ugned judgment or in the revision petition before the High Court Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 140 ......der passed in Miscellaneous Case No 6 of 1994. As already noticed the prayer was rejected both by the trial Court and the appellate Court. 3. The High Court Division upon noticing the provisions of rules 101 and 103 of Order CPC interpreted the said rules holding: &ldqu..Category: Property Law | Date: | Hits: 64
Dhaka Vegetable Oil Ind. Ltd. Vs. Commissioner of Taxes, Dhk. (North) Zone, Dhaka, 1997, 26 CLC (AD)
....vanced by Mr. Rafiqul Huq. In the result both the appeals are allowed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 136 ...... 589 (Bom), Commissioner of Income-tax vs. Ganga Jamuna, (1986)157 ITR 225 (Cal) and Jwaladutt Jiwankumar vs. Commissioner of Wealth-Tax, (1974) 95 ITR 183 (Cal). 19. In view of the express provisions of section 31(2) and (2B) of the said Act we find that the appellate powers of the Appel..Category: Fiscal/Taxation Law | Date: | Hits: 120
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