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Abdul Mannan alias Manu Vs. Sajedul Hoque and others, 1994, 23 CLC (AD)
....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 ......nan alias Manu by a narrow margin. Besides, respondent Nos. 5‑13(both in the Writ petition and in this appeal) were elected as members thereof in the same election. The names of those elected persons were published in the Official Gazette on 5.3.92. The writ petitioner came to know from a ..Category: Election Law | Date: | Hits: 136
Rekha Datta and others Vs. Chittagong Urban Co-operative Bank Ltd., 1994, 23 CLC (AD)
.... and the balance amount to be paid within 6 months from the date. There will be no order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 133 ......ced in support of the contention of the plaintiffs. The trial Court, however, built up a third case by saying: "It is well known to everybody that in our country most of the persons have at least two names …..They must have pet names and I am inclined to hold that ..Category: Property Law | Date: | Hits: 130
Post Office High School Vs. Asgar Ali & others, 1994, 23 CLC (AD)
....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. ......otice was served before passing the order of dismissal. 2. The case of the appellant, the school committee, is that the plaintiff, as the Headmaster, was the drawing and disbursing officer and was personally responsible for accounts of the school and he was to approve the audit report. From 3 Jan..Category: Employment/Service Law | Date: | Hits: 101
Helaluddin Ahmed alias Swapan. Vs. Bangladesh, 1993, 22 CLC (AD)
....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 ......All orders made, acts and things done, and actions and proceeding taken, or purported to have been made, done or taken, by the President or the Chief Martial Law Administrator or by any other person or authority during the said period, in exercise or purported exercise of the powers derive..Category: Constitutional Law | Date: | Hits: 174
Abdul Aziz Vs. Abdul Majid, 1994, 23 CLC (AD)
....he basic reason why a notice under section 106 of the Transfer of Property Act is mandatory in a case of eviction under the Ordinance. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 121. ......en pleaded as a ground for eviction other than expiry of the period of lease as per agreement. Tenant has been defined in section 2(Uma) of the Premises Rent Control Ordinance, which also says that a person continuing in possession after termination of a tenancy in his favour is also a tenant. It is..Category: Tenancy Law | Date: | Hits: 87
AKM Nurul Alam Vs. Bangladesh, 1993, 22 CLC (AD)
....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. ...... the hierarchy of Government before it need be accepted as the final expression of the Government's will." 12. Sub-section (2) of section 4 of the Act No. VII of 1981 reads as follows: "(2) A person in the service of the Republic may make an application to an Administrative Tribunal under su..Category: Administrative Law | Date: | Hits: 129
Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)
....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 ......ive much wider powers to an Arbitrator including power to award interest for any pre‑reference period, though this question was not an issue in the said case. Some of these principles are: A person deprived of the use of money to which he is legitimately entitled has a right to be compensa..Category: Business or Commercial Law | Date: | Hits: 98
Borhanuzzaman and others Vs. Ataur Rahman Chowdhury and others, 1994, 23 CLC (AD)
.... 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 ......powers or impose all or any of the duties entrusted to the Registrar of Co‑operative Societies by or under the Ordinance other than those specified in the First Schedule upon, inter alia, any person appointed under section 6 to assist the Registrar. In exercise of the said power the Govern..Category: Others | Date: | Hits: 89
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. ......emished record of 22 years of service is a good ground for altering the nature of the sentence which may reduce the hardship. But it can never be considered to be a good exercise of discretion when a person is reinstated in an institution like a bank by way of altering an order of dismissal from ser..Category: Administrative Law | Date: | Hits: 143
Mafizuddin and others Vs. Alauddin and another, 1994, 23 CLC (HCD)
....er made by the Sessions Judge under section 439A of the Code. The application is, accordingly summarily rejected for lack of jurisdiction. Mohammad Golam Rabbani J I agree ......h Court from a revisional order of the Sessions Judge. It is therefore, found, in Pakistan second revision by the High Court is totally barred, in India it is partially barred, that is, against a person who has already moved the Sessions Judge, but in Bangladesh the conflict has resulted fro..Category: Criminal Law | Date: | Hits: 76
Sher Ali (Md) and other Vs. State, 1994, 23 CLC (AD)
....llate Division must be obeyed without any criticism and comments as has been done in the present case. Ed. This case is also reported in: 46 DLR (AD) (1994) 67 ......harge-sheet against these three appellants under sections 323 and 379 of the Penal Code. The Informant filed a naraji-petition before the Haluaghat Thana Magistrate alleging that some other accused persons were excluded from the charge‑sheet in spite of evidence against them and praying th..Category: Criminal Law | Date: | Hits: 98
Bangladesh Vs. Subash Chandra Das & ors, 1993, 22 CLC (AD)
....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. ......visional Commissioner, or the Deputy Commissioner, as the case, may be, for acquisition of the property under section 5 or the proviso to section 4(3) (b), as the case may be, for no fault of the person interested, all proceedings in respect of such acquisition shall, on the expiry of that per..Category: Property Law | Date: | Hits: 64
Sonali Bank Vs. Karnaphuli Works Ltd., 1993, 22 CLC (AD)
....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. ......rtain and definite, no such interest can be allowed by the Court. Reason for imposing these conditions is obvious; it is that unless a definite amount of the principal is there, how the debtor or the person from whom it is demanded, will know how much he is to pay and by what time. In the Privy Coun..Category: Business or Commercial Law | Date: | Hits: 128
Bangladesh Parjatan Corporation Vs. Mofizur Rahman and another, 1993, 22 CLC (AD)
.... 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. ......o did not accept the joining report of the respondent on the plea that he could not accept his joining before official communication was received by the Corporation from the Ministry. He (respondent) personally communicated the said fact to the Ministry of Establishment which sent the order by speci..Category: Employment/Service Law | Date: | Hits: 126
Bangladesh Shilpa Rin Sangstha Vs. Haque Brothers (Carbide) Ltd., 1994, 23 CLC (AD)
....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 ...... would be due if the rate of conversion on the date of payment was ordered. When the petitioner is unmindful of Article 28, a court of law no independent duty to enforce Article 28, like section 3 person of the Limitation Act. If an applicant wants enforcement of Article 28 and any contract in t..Category: Banking Law | Date: | Hits: 125
Abdul Bari Sarker Vs. Bangladesh, 1994, 23 CLC (AD)
....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 ......’ did he become a public servant after retirement; he was a Judge appointed under the provisions of Chapter VI of the Constitution; he was not a public servant, that is, "a person in the service of the Republic" appointed under the provisions of Chapter IX of the Con..Category: Employment/Service Law | Date: | Hits: 73
Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)
....e 4(1) (Kha) and 5(2) of the impugned Rules of 1990 cannot be declared to be void as those are not violative of the fundamental rights. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 19. ......rview and got recommendation for regular appointment With effect from 16 August, 1977. They are called direct recruits. According to the General Principles of Seniority (1970), the seniority of these persons counted from the date of the recommendation of the PSC and their inter se seniority was dete..Category: Employment/Service Law | Date: | Hits: 97
Amjad Molla Vs. Syeduzzaman Molla and others, 1994, 23 CLC (AD)
....re on bail are directed to surrender to their bail bonds to serve their sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 17 ......eved that it was executed on July 5, 1975 i.e. earlier than the appellant's sale-deed. Accused Ibrahim, husband of Amatun Nessa, was one of the attesting witnesses of this sate-deed, other accused persons are closely inter-related with her. On the strength of the ante-dated sale deed the accused..Category: Criminal Law | Date: | Hits: 61
Bangladesh Bank and others Vs. Mohammad Abdul Mannan, 1994, 23 CLC (AD)
....unal is set aside and that of the Administrative Tribunal is restored. Parties are to bear their respective costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 1. ......stan (Government), his case was governed by Article 177 of the Constitution which like Article 181 of the Constitution of 1956 and section 240 (3) of the Government of India Act, 1935, protected a person against punishment by way of dismissal, removal and reduction in rank, without show‑ca..Category: Administrative Law | Date: | Hits: 149
Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)
....this order. The respondent Nos. 1 and 5 are directed to stop construction of the multi-storied building and to demolish the structure, if any, already constructed. Ed. ......dy; as per tender notice dated 19-5-1993 construction work of car parking place at the basement floor had already been completed before issuance of the Rule on 2-5-1995; the petitioner, not being a person "aggrieved" within the meaning of Article 102 of the Constitution, has no locus s..Category: Environmental Law | Date: | Hits: 293
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