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Bank of Credit & Com. (Overseas) Ltd now Eastern Bank Ltd Vs. Tajul I Chy & anr, 1993, 22 CLC (AD)
....rom this Court on 27.3.91 against the judgment and order of the High Court Division, but during the pendency of the appeal all commercial activities of the appellant- Bank BCCI were stopped by the Government of Bangladesh with effect from 20.8.91 in exercise of powers under section 77(2) of the ......dhury, a cashier of the appellant-Bank, Bank of Credit and Commerce (Overseas) Ltd., shortly the BCCI and at the relevant time the General Secretary of the BCCI Employees Union, was dismissed from service on 16.2.88 for misconduct. Upon his filing complaint Case No. 19 of 1988, the First Labour ..Category: Labour and Industrial Law | Date: | Hits: 100
Altaf Hussain Vs. Abul Kashem and others, 1993, 22 CLC (AD)
....ral power of "direction, control and superintendence" over all matters relating to election for Union Parishads. 2. Elections of Union Parishads are held by the Election Commission under the Local Government (Union Parishads) Ordinance, 1983 and the rules framed thereunder, called Union Parishads......s restored. All other appeals namely, Civil Appeals Nos. 35, 43, 54, 55, 56, 57, 58 and 64 of 1992 are dismissed. No Order as to costs. Ed. This Case is also reported in: 45 DLR (AD) (1993) 53. ..Category: Election Law | Date: | Hits: 117
Hossain Mohammed Ershad Vs. State, 1993, 22 CLC (AD)
....dge has the exclusive jurisdiction to take cognizance of the offence under the Prevention of Corruption Act punishable under section 5(2) of the Act 11 of 1947. In State represented by the Solicitor, Government of the People's Republic of Bangladesh Vs. Divisional Special Judge, Khulna Division and ......e proceeding to continue. There is no cause or occasion for an interference for the ends of justice. All the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 48 ..Category: Anti-Corruption Laws | Date: | Hits: 302
Abu Taleb Vs. Government of Bangladesh and others, 1993, 22 CLC (AD)
....t Appellate Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Abu Taleb ............Appellant Vs. Government of Bangladesh and others..............Respondents Judgment January 31st, ....... 2. The Government set up an Inquiry Committee on March 1, 1987. The Committee submitted a report to the Government. On the basis of that report the appellant was compulsorily retired from service under the Public Servants Retirement Act, 1974 by an order of the President of Bangladesh d..Category: Administrative Law | Date: | Hits: 125
Government of Bangladesh Vs. Shakhipur Islamia High School, 1993, 22 CLC (AD)
....ase is also reported in: 45 DLR (AD) (1993) 23 ......e appeal is allowed. The trial Court will decide the suit in the light of the judgment of the appellate Court. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 23 ..Category: Property Law | Date: | Hits: 64
State Vs. MM Rafiqul Hyder, 1992, 21 CLC (AD)
....the Pakistan case, Foreign Exchange Regulation (Amendment) Act, 1956 was declared unconstitutional in that this Act by adding Sections 22A, 23A and 23B to the original Act gave power to the Executive Government to determine whether an offender was to be tried under the ordinary law, or by an Adjudi......ustoms officers had forced/threatened or coerced him in any manner to write the statement as dictated by them. The respondent was not an ordinary, uninitiated traveler but a member of a sophisticated service in International Flights of the Bangladesh Biman. It was easy for him to reach any superior ..Category: Criminal Law | Date: | Hits: 132
Begum Asia Rahman Vs. Abdul Bashir Bhuiyan and others, 1974, 3 CLC (AD)
....ding on 7.7.62 taking recourse to section 88 A of the Bengal Tenancy Act. Section 88 A of the Bengal Tenancy Act runs thus:— ''88A. Sub-division of holding.- where the Provincial Government is the sole landlord.— (1) Notwithstanding anything contained in sectio......consideration: 1. Whether the sub-division of a holding under sec 88A of the Bengal Tenancy Act nullifies the right to pre-empt already accrued, 2. What is the effect of non-service of notice under section 88A of the Bengal Tenancy Act on the co-sharer? 3. Wheth..Category: Property Law | Date: | Hits: 60
Kazi Mukhlesur Rahman Vs. Bangladesh and another, 1974, 3 CLC (AD)
....ticle 103 (2) (a) of the Constitution is granted” 2. In his application the appellant prayed before the High Court Division for a declaration that the recent agreement between the Governments of the People's Republic of Bangladesh and the Republic of India signed on the 16th day......he same race or occupation. It is the fact, clearly established, of injury to the complainant—not to others—which justifies judicial intervention." ..Category: Constitutional Law | Date: | Hits: 716
Solicitor, Government of Bangladesh Vs. A. T. Mirdha, 1974, 3 CLC (AD)
.... set aside Ed. ......e result, therefore, is that both the appeals are allowed and the orders passed by the High Court Division in Criminal Revision Case No. 264 of 1972 and 13 of 1973 are set aside Ed. ..Category: Criminal Law | Date: | Hits: 125
Hafez Maulana Md. Noor-uddin Vs. State, 1974, 3 CLC (AD)
....l took cognizance, however, contains the following statement:- "The story of the case in brief is that on 3-8-72 at 2.00 hrs. I being complt. submitted suo motu case under order of Government against accused in col. 3 as candidate filed their nomination papers on 20-10-71 as can......ppointed; and be Collaborators Order was also a valid piece of legislation. We are unable accordingly to find any merit in these petitions. Both the petitions dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 63
A.K.M. Fazlul Hoque & others Vs. State, 1974, 3 CLC (AD)
....nister; and in the manner provided in clause (7) of the Provisional Constitution Order. 6. Learned Counsel submitted that while the Proclamation envisaged a Presidential system of Government, by promulgating the Provisional Constituent Order the President designated by......isputed. The Collaborators Order was thus promulgated by an Authority competent to do so. We are accordingly unable to find any merit in this petition which is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 53
Halcyon Steamship Co., Inc., USA Vs. Govt. of Bangladesh, 1974, 3 CLC (AD)
....taying the suit under section 14 the second defendant ought to have been held to have joined in the prayer. The learned Additional Additional-General who appeared for the respondent, now Government of Bangladesh, contended that the very fact that the second defendant filed an......er examine the question of the validity of the preliminary objection. For the reasons given earlier we find no merit in this appeal, which is dismissed with costs. Ed. ..Category: Civil Law | Date: | Hits: 110
Superintendent and Remembrancer of Legal Affairs, Govt of BD Vs. Jobed Ali & ors, 1974, 3 CLC (AD)
....on bail" "16. (1) A person convicted of any offence by a Special Tribunal or a Special Magistrate may appeal to the High Court Division of the Supreme Court. (2) The Government may direct a Public Prosecutor to present an appeal to the High Court Division fro...... to its own directions or owing to continuance of custody under the second part of clause (2) of Article 16 of the Collaborators Order. The appeals are accordingly dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 39
Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
....om the judgment and order dated April 22, 1993 passed by the High Court Division in Writ Petition No. 1316 of 1992) Judgment MH Rahman J.- This appeal by special leave at the instance of the Government is directed against the judgment and order dated April 22, 1993 of the High Court Divisio......f the requirement of notice must, therefore, fail. No notice was served on the respondent at either of the two addresses mentioned in the notification, nor any effort was made to effect a substituted service on his last known address. 19. The learned Counsel for the respondent has drawn our atte..Category: Immigration and Citizenship Law | Date: | Hits: 522
Nurul Islam and another Vs. The Secretary, Ministry of Law and Justice & others, 1994, 23 CLC (AD)
...., claiming themselves as the President and Secretary respectively of the Bangladesh Registration TC Karmachari Samity, filed the aforesaid Writ Petition, calling in question the instruction of the Government dated 14.2.90 asking the Inspector General of Registration, Respondent No. 3, to fill u......ars (vide Annexure‑D). The impugned order of the Government superseded the petitioners' claim to be appointed as permanent Muharrars vis‑a‑vis Muharrars, notwithstanding the long service as TC Muharrars. The Petitioner alleged that the impugned order was passed against the rule..Category: Employment/Service Law | Date: | Hits: 66
Farid Miah Vs. Kutubuddin, 1994, 23 CLC (AD)
....of the suit land on payment of rent. But defendant No. 2 having been influenced by defendants Nos. 3, 4 and 5 illegally cancelled the plaintiffs settlement on 18.9.72 on the allegation that he is a Government Servant and so he is not entitled to get any settlement of enemy property. But the plai......nce in the facts noticed above. 9. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 183 ..Category: Property Law | Date: | Hits: 80
Chittagong Chemical Complex Vs. The Chairman, Labour Court and another, 1994, 23 CLC (AD)
....n Complaint Case No. 193 of 1986, is declared to have been passed without any lawful authority and it is of no legal effect. No costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 182. ......rit Petition No. 118 of 1989 and refusing to interfere with the ex parte judgment and order of the Labour Court, Chittagong, passed in Complaint Case No. 193 of 1986, re-instating Respondent No. 2 in service. 2. Respondent No. 2, a Senior Accounts Clerk under the appellant, was dismissed from ser..Category: Labour and Industrial Law | Date: | Hits: 103
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......ll, among other things, take the average market value of the land of similar description and with similar advantages in the vicinity "during the twenty‑four months preceding the date of service of notice under section 5(1)(a)" of the Act; but in this case the Arbitrator had taken..Category: Procedural Law | Date: | Hits: 104
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