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A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)

.... in such pro­ceedings the disputed question of fact will not be gone into and it is only where it is shown upon the face of the record itself that the Officer or authority concerned has failed to discharge his duties that direc­tion could be issued under Article 98 of the Consti­tution. In that c......rting with these cases, we would like to put on record our appreciation for the valuable as­sistance rendered by the learned Counsels. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 68. ..

Category: Election Law | Date: | Hits: 165

Executive Engineer, Pub­lic Health, Barisal Divi­sion Vs. Mohammad Ali & ors, 1989, 18 CLC (AD)

....n of Bangladesh, 1972 (as amended), Article 117(2) The Administrative Tribunal Act, 1980 (VII of 1980) Further ground allowed by the Court to be urged by the appellant A Government servant discharged from service in an unauthorized manner cannot be deprived from payment of arrear pay after h......period of the plaintiffs unauthorised absence from 21.6.75 to 25.4.77. We uphold the appellate Court's order and dismiss the appeal. No costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 64..

Category: Employment/Service Law | Date: | Hits: 103

Gopal Chandra Shah Vs. The Deputy Commission­er, Sunamganj & another, 1989, 18 CLC (AD)

....ompetent to pass the impugned order under Section 26(1) of the said Act for preservation of the public peace. No ground of mala fide was found in passing the said order. Ac­cordingly the rule was discharged. 7. Mr. S.R. Pal, learned counsel for the petitioner, obtained leave contending that assu...... by the Deputy Controller by his order dated 26.2.85. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 60. ..

Category: Others | Date: | Hits: 125

Sheikh Abdus Sabur Vs. Returning Officer, District Education Officer-in-Charge, Gopalganj & others, 1988, 17 CLC (AD)

....rul Haider Chowdhury J Shahabuddin Ahmed J MH Rah­man J ATM Afzal J Sheikh Abdus Sabur................................Appellant Vs. Returning Officer, District Education Officer-in-charge, Gopalganj & others.....Respondents Judgment September 1, 1988. Result: The ......the learned Attorney-General for making available all the books cited by the parties in this case. For the reasons, the appeal fails. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 30 ..

Category: Election Law | Date: | Hits: 212

Shambhu Nath Saha Vs. Alfazuddin Ahmed & others, 1989, 18 CLC (AD)

....re existed no relationship of landlord and tenant between the parties. The appeal is, accordingly, dismissed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 27......re existed no relationship of landlord and tenant between the parties. The appeal is, accordingly, dismissed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 27..

Category: Others | Date: | Hits: 96

Bangladesh Sericulture Board & another Vs. Md. Fazlur Rahman Akunjee & another, 1989, 18 CLC (AD)

....eputy Secretary of the said Board. The plaintiff prayed for an order of temporary injunction restraining the defendants from giving ef­fect to the said order of reversion and also from tak­ing over charge from him. 3. Defendants opposed the prayer for temporary injunction raising, amongst other......instant case has not been made upon correct judicial principles. In the result, therefore, the appeal is allowed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 25..

Category: Employment/Service Law | Date: | Hits: 89

Haroon Moten Vs. Mahaluxmi Bank Ltd. & others, 1989, 18 CLC (AD)

....igh Court. Ul­timately, on an application filed by the creditors the bank was wound up by an order of the High Court dated 18th March, 1960, An Official Liquidator ap­pointed by the High Court took charge of the affairs of the Bank. The Liquidator, on enquiry, came to learn that N. L. Sinha, who w......s of the same transaction by fraud and collusion will fall together being void ab initio. In the result, the appeal is dismissed with costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 8..

Category: Banking Law | Date: | Hits: 103

Md. Naimuddin Sarder Vs. Md. Abdul Kalam, 1989, 18 CLC (AD)

.... with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first ap­pellate Court restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 3. ...... with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first ap­pellate Court restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 3. ..

Category: Property Law | Date: | Hits: 46

Lal Miah alias Lalu Vs. The State, 1989, 18 CLC (AD)

....igorous imprisonment for 10 (ten) years only. This sentence and the sentence under Section 148 of the Penal Code are to run concurrently. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 1 ......igorous imprisonment for 10 (ten) years only. This sentence and the sentence under Section 148 of the Penal Code are to run concurrently. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 1 ..

Category: Criminal Law | Date: | Hits: 53

Bangladesh Railway Vs. M/s. Chartering and Shipbroking Corpora­tion, 1985, 14 CLC (AD)

....r the claim, a short landing certificate having been already issued. Defendant Nos. 1 and 2 contended that the hip carrying cargo of cement arrived at the Port of Chittagong on 3rd May, 1964 and discharged its cargo. They are not liable for the loss. The suit was decreed on contest. On a......rrier, defendant No. 4, and Trustees of the Port of Chittagong defendant No. 4. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 47. ..

Category: Civil Law | Date: | Hits: 89

Maqbul Hossain & others Vs. Bangladesh Milk Producers’ Co-Ope­rative Union Ltd., 1985, 14 CLC (AD)

....Milk Producers' Union established under Co-Opera five Society Act, 1940. Lastly it was submitted that the case could not be tried under section 55 or 54 of I.R.O. as they were summoned to answer a charge under section 26 of the Labour Standing Orders Act, 1960. 5. The Labour Court found......t, therefore, this appeal is allowed and it "is remanded to the High Court Division for disposal in accordance with law. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 38. ..

Category: Labour and Industrial Law | Date: | Hits: 98

Bangladesh Vs. Jalaluddin Ahmed, 1985, 14 CLC (AD)

....igh Court Division is set aside and that of the trial court is restored. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 27. ......igh Court Division is set aside and that of the trial court is restored. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 27. ..

Category: Civil Law | Date: | Hits: 111

Ram Chandra Das & others Vs. Md. Khalilur Rah­man & another, 1984, 13 CLC (AD)

....f Tk. 15,000/- as solatium in addition to the balance consideration money. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 21, 1985 BLD (AD) 41. ......f Tk. 15,000/- as solatium in addition to the balance consideration money. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 21, 1985 BLD (AD) 41. ..

Category: Civil Law | Date: | Hits: 109

M/s. M. M. Ispahani Vs. Sonali Bank and others, 1983, 12 CLC (AD)

....f Taka 4 crores and overdraft limit of Taka 33 lacs against the security of demand promissory notes, hypothecation of jute stored at various purchase centres, pledge of shares of different Companies, charges on the Company's book debts and assets and stocks in trade owned by the appellant company, p...... the interest on this amount will be charged, at the rate of 12% from today till realisation. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 1. ..

Category: Civil Law | Date: | Hits: 110

Md. Motahar Hossain Khan Vs. Bangladesh Jute Mills Corporation, 1984, 13 CLC (AD)

....the supervision of the works of these three organizations. The Audit of U M C. Jute Mills where the plaintiff was employed revealed certain gross financial irregularity for which the plaintiff was charge sheeted as to show cause why disciplinary action should not be taken against him inclu­d......ad recorded such a finding. In this view of the matter the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 282. ..

Category: Employment/Service Law | Date: | Hits: 92

Liu Ying Ping Vs. Leon Fang Ai, 1984, 13 CLC (AD)

....r 21 Rule 49 C.P.C. throws light on the point. An interest of a partner is partnership assets is intended to be treated as movable property under this rule notwithstanding that at the time when it is charged or sold the assets included immovable property Ajudhia Vs. Sham, AIR 1947 Lah 13 FB. This i...... from this Court for a reasonable amount. In the circumstances a money decree for Tk. one lack fifty thousand is quite reasona­ble. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 273. ..

Category: Business or Commercial Law | Date: | Hits: 114

Abdul Kader & ors. Vs. A. K. Noor Moham­mad & ors., 1984, 13 CLC (AD)

....title, the Courts should have found that they acquired title to the suit premises by adverse possession. In support, the learned Counsel referred to Ext. 2, the identity card issued by the Camp-in-charge. Mohajereen Relief Camp, Dhaka in favour of Sk. Azhar Ali showing that he was living in the ......s. 3-5 and defendant No. 6 is entitled to any relief. The appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 261. ..

Category: Property Law | Date: | Hits: 36

Radha Krishna Jogani (Agarwalla) Vs. Dwarka Das Agarawalla & others, 1983, 12 CLC (AD)

....so long as it does not alter the character of the suit, may be allowed at any time before judgment. The restriction is only as to the nature of the suit; the law prohibits any such amendment as would charge the fundamental character of the suit; for exam­ple, a plaint cannot be so amended as conver......upon taking such fresh evidence as may be neces­sary dispose of the suit on the amended plaint. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 253. ..

Category: Property Law | Date: | Hits: 99

Santosh Kumar Chakraborty & others Vs. M.A. Motaleb Hossain and others, 1984, 13 CLC (AD)

....herewith. The appeal from this judgment must fail. In the result, the appeal is dismissed without how ever any cost. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 248, 1985 BLD (AD) 59.......herewith. The appeal from this judgment must fail. In the result, the appeal is dismissed without how ever any cost. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 248, 1985 BLD (AD) 59...

Category: Procedural Law | Date: | Hits: 93

Md. Joynal and ors. Vs. Md. Rustam Ali Mia & ors., 1984, 13 CLC (AD)

....972 It was further noticed that on 24.5.73 the plaintiff executed 4 kabalas in favour of the defendants and on the same date defendants withdrew that Criminal cases as a result the accused were discharged under section 253(2) Cr. P. C. and proceeding under sections 145 were dropped and the attac...... below are set aside and that of the trial Court dismissing the suit is restored. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 240. ..

Category: Property Law | Date: | Hits: 42