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Rafiqul Islam Vs. State, 1992, 21 CLC (AD)
....ich the appellant did not share. In the result, the appeal is allowed. The appellant is acquitted. Let him be released at once if not wanted in connection with any other case. Ed. ......ich the appellant did not share. In the result, the appeal is allowed. The appellant is acquitted. Let him be released at once if not wanted in connection with any other case. Ed. ..Category: Criminal Law | Date: | Hits: 65
Managing Director, Rupali Bank Limited and others Vs. Tafazal Hossain and others, 1992, 21 CLC (AD)
....arty must adopt the form of remedy given by the statute". This principle has been followed all through by our Courts. Reference may be made to the case of Jogesh Chandra Dutta vs. Government of Bangladesh, 30 DLR 219. In that case civil Court's jurisdiction was held ousted ...... an Assistant Cashier of this Bank is the main respondent, (No. 1). The matter arises from a suit filed by the respondent before the Assistant Judge challenging his termination from the appellants' service. He got a decree declaring his "termination" void. The decree has been upheld by ..Category: Administrative Law | Date: | Hits: 130
Subash Chandra Halder & another Vs. Abdul Bari & others, 1992, 21 CLC (AD)
.... his brother Abdul Malik in the revision case. It was, inter alia, stated that the respondent and his brother have been possessing part of the suit land for a long time on the basis of lease from the Government on payment of annual lease money, that inspite of concurrent decision against the plainti......hus cannot be sustained. The order is, accordingly, set aside. The appeal is allowed without any order as to Cost. Ed. This Case is also Reported in: (1992) 12 BLD (AD) 174; 44 DLR (AD) 253. ..Category: Property Law | Date: | Hits: 67
Mozahar Ali Howlader Vs. Lal Miah Talukder and another, 1992, 21 CLC (AD)
....2. The learned Judges relied upon an earlier decision of the High Court Division in Criminal Appeal No. 224 of 1988 to the effect that for exercise of power of a Special Judge the Notification of the Government must be produced. The learned Judges do not appear to be aware of the fact that the requi......rt Division is modified accordingly and it is directed that the accused‑petitioner be tried by the Sessions Judge and Ex‑officio Senior Special Judge, Jhalakati. The petition is dismissed. Ed. ..Category: Anti-Corruption Laws | Date: | Hits: 100
Guiness Peat (Trading) Limited Vs. Md. Fazlur Rahman, 1992, 21 CLC (AD)
....thin the jurisdiction of the court where the plaint was filed. We find no good ground to interfere with the concurrent order of the courts below. The appeal is dismissed with costs. Ed. ...... that a plaint may be rejected under the inherent jurisdiction of the court where the suit is impliedly barred. In that case the suit for declaration that the terms and conditions imposed upon the service of the members of the plaintiff Union by defendant No. 1 was held as not maintainable under..Category: Business or Commercial Law | Date: | Hits: 124
....in respect of Criminal Miscellaneous Case No. 173 of 1988 was received by the jail authority on 20.2.89 and immediate action for release was taken by the jail authority after giving intimation to the Government over telephone. The detenu was brought to the jail gate to enable him to go out. As soon ......ted in the memo of appeal before us that the appellant was promoted as Deputy Inspector‑General (Prison) in February, 1987 and has been working as such at Dhaka, with an unblemished and untarnished service record. Previous to the present Rule he was never called upon to show cause why he should no..
Category: Criminal Law | Date: | Hits: 88
Chairman, Kushtia Cooperative Industrial Union Ltd Vs. Mujibur Rahman & others, 1992, 21 CLC (AD)
.... the superior Court. Normally, therefore, an advocate's information will be honoured by the Court, unless a strong case for refusal is made out by the Court in its order of refusal. Ed. ...... MH Rahman J: At the instance of the petitioner a rule was issued on 15th February, 1990 upon the opposite parties to show‑cause 'within one month from the date of the service why they will not be committed for contempt for violating this Courts order dated 25.1.90, ..Category: Property Law | Date: | Hits: 98
State Vs. Divisional Special Judge, Khulna Division and anr, 1992, 21 CLC (AD)
.... Appellate Division (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J The State, represented by the Solicitor, Government of the People's Republic of Bangladesh ......... ......Appellant Vs. Divisi...... aside and it is held that the Senior Special Judges got power to transfer the cases which they had earlier transferred to the Divisional Special Judge. The appeal is allowed. Ed. ..Category: Criminal Law | Date: | Hits: 118
BD Chemical Industries Corporation & another Vs. M/s Sattar Match Works & ors, 1992, 21 CLC (AD)
.... of the trade mark "Cock" (word and device) registered under No. 1294 in class‑ 34 in respect of safety matches in the names of the appellants. The Registrar of Trade Marks and the Government of Bangladesh (respondent Nos. 4 and 5 in CA No. 100/90 respectively) were respondents N......a period of six months from the date of filing of the application. Civil Appeal No. 36 of 1991 is dismissed. There will be no order as to cost in either of the appeals. Ed. ..Category: Intellectual Property Law | Date: | Hits: 227
Shamsuddin Ahmed, Advocate Vs. People's Republic of Bangladesh, 1992, 21 CLC (AD)
....(AD) Rules 1973, replaced by the Supreme Court (AD) Rules 1988. He then filed a Writ Petition before the High Court Division (WP No. 1270 of 1989) seeking, among other things, a direction upon the Government and the Registrar of the Supreme Court to allow him to practice in the Appellate Divisio...... Advocate of the Appellate Division of the Bangladesh High Court from 3.8.72 and of the Appellate Division of the Supreme Court from 16.12.72. The Appeal is allowed. No cost. Ed. ..Category: Others | Date: | Hits: 92
Muhammad Muslim Ali Vs. Bangladesh and others, 1992, 21 CLC (AD)
....ative Tribunal dated 6.8.89 in Administrative Tribunal Case No. 172 of 1988. 2. The petitioner, a former Upazila Magistrate and Officer on Special Duty, Ministry of Establishment, Government of the People's Republic of Bangladesh, appeared in Person. 3. Following de......d Officer on Special Duty, Ministry of Establishment, Government of the People's Republic of Bangladesh, appeared in Person. 3. Following departmental inquiry, he was removed from service on 4.8‑85 on charges of inefficiency and misconduct. He filed case No. 264 of 1985 be..Category: Administrative Law | Date: | Hits: 123
Ishaque Khan (Md) and another Vs. Trading Corporation of Bangladesh, 1992, 21 CLC (AD)
.... them. Appellant, No. 1 was suspended on 12 November, 1981 and Appellate No 2 was suspended on 26 December, 1981. Formal charge‑ sheet was submitted against them on 26th April, 1982 under the Government Servants (Discipline and Appeal) Rules, 1976 for "misconduct corruption". ......1985, 137/1985, 21/1986 and 33/1986 refusing thereby to interfere with the order of provisional removal of all the petitioners of those Writ Petitions including the appellants before us from their service under the respondent, the Bangladesh Trading Corporation, briefly the "Corporation&quo..Category: Employment/Service Law | Date: | Hits: 68
Shaikh Shahidul Islam Vs. State, 1992, 21 CLC (AD)
....on and another collusively made a deal and that the appellant in particular by abusing his power and position helped them in the transaction and thereby caused a loss of Tk. 29,56,98,000.00 to the Government. Thus he committed offences under sections 409/406/423/218/109 of the Penal Code read wi......will continue to remain on the same bail already granted by this Court until commencement of the trial, if any. The trial Court will pass necessary orders as deemed fit at that time. Ed. ..Category: Constitutional Law | Date: | Hits: 150
.... the drums factory from the leasehold land for handing over the same to the Works Ministry. By a further Notice dated 18.6.88 (Annexure 'B' to the Writ Petition) issued under section 3 of the Central Government Lands and Buildings (Recovery of Possession) Ordinance, 1965, shortly the Ordinance, resp......eal is dismissed without any order as to costs. Four months' time from date is granted to remove the structures, machineries, etc. from the disputed land.
Ed.
This Case is also Reported in:
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Category: Property Law | Date: | Hits: 68
State Vs. Abdul Mannan @ A Mannan and others, 1992, 21 CLC (AD)
.... (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J State, represented by the Solicitor to the Government of the People's Republic of Bangladesh ......................Petitioner. Vs ...... should not normally differ from sobriety, moderation and reserve. A Judge is not expected to import his own notions and ideas into law, as we are not making legislative enactments. Ed. ..Category: Criminal Law | Date: | Hits: 92
Sec, Min of Food, Food Div., Govt. of Bangladesh, Dhaka & others Vs. M/s. MF Ltd, 1992, 21 CLC (AD)
.... Supreme Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J Latifur Rahman J Secretary, Ministry of Food, Food Division, Government of Bangladesh, Dhaka and others .......... Appellants. Vs. M/s. MF ......f the Pakistan Supreme Court in Md. Ismail vs. Province of East Pakistan, 16 DLR SC 438 to the effect that "when the party concerned came to know about the order of requisition of a property, service of the notice was not of much importance. It was a case of requisition of immovable propert..Category: Fiscal/Taxation Law | Date: | Hits: 92
Hussain Mohammad Ershad Vs. The State, 1992, 21 CLC (AD)
.... Dhanmondi Residential Area for the Jatiyo Party office. The Jatiyo Party filed a Money Suit, No. 16 of 1991, in the 3rd Court of the Subordinate Judge, Dhaka on 9.2.91 against the petitioner and the Government of Bangladesh claiming a sum of taka two crores which was kept with the petitioner as afo......smissed. Stay granted by this Court on 26.1.92 is vacated. No observation in the interlocutory proceedings binds the trial Court on the merit of the case. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: | Hits: 88
Mackinnon Mackenzie & C. (Pak.) Ltd Vs. Com. of Taxes Ctg (South) Zone, Chtg, 1992, 21 CLC (AD)
.... incurred for carrying on the business in this country. The High Court Division's answer to the question referred to is upheld. The appeal is dismissed with costs. Ed. ......,21,859.00 incurred respectively against the following two item, Nos. 6 and 7 of the Agreement: “6. Ex Gratis 1‑1/2 month's gross salary for, each completed year of service or part therefor. 7. Cyclone/Flood Loans: All deductions to be waived as..Category: Fiscal/Taxation Law | Date: | Hits: 84
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....ate Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Mujibur Rahman (Md)……………………………………. Appellant Vs. Government of Bangladesh and others……….. Respondents (In Civil Appeal No. 35 of 1987) Nazm......n a simpler form: Whether Article 117 of the Constitution applies to the Appellate Tribunal? 2. The appellant in Civil Appeal No. 35 of 1987, Md. Mujibur Rahman, was compulsorily retired from his service as the Collector of Customs. The Administrative Tribunal set aside the order of retirement b..Category: Administrative Law | Date: | Hits: 203
Jamuna Oil Company Limited and another Vs.SK Dey and another, 1992, 21 CLC (AD)
.... 1972), read with the Bangladesh Industrial Enterprises (Nationalisation) (Second Amendment)Act, 1974 (Act No. LXVIII of 1974). The abandoned property, Pakistan National Oils Ltd., vested in & Government but there is no evidence that it was ever placed under Petrobangla for management Petrob......ge, 3rd Court, Dhaka dated 31.10.89 in Title Suit No. 169 of 1984, decreeing the suit. 2. Respondent No. 1 as plaintiff instituted the suit for a declaration that the order of dismissal from service passed by defendant No. 1 Appellant Jamuna. Oil Company Ltd. on 23.3.79 is illegal, malafi..Category: Employment/Service Law | Date: | Hits: 89
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