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Continental Corporation (Pvt.) Ltd. Vs. Al-Haj Md. Ismail, 1996, 25 CLC (AD)
.... previous agreement dated 7.1.1981. 12. Clause (5) provides that WASA charge will be paid at the rate of Taka 60.00 only per month by the tenants along with the rent. In case of enhancement by the Government the rate will be enhanced with the consent of the tenant. 13. Rent’ has mot been de......309. 17. In the first case one of the contentions raised was that the jurisdiction of the Rent Controller to fix the ‘standard rent’ of the ‘premises’ would not include any payment for the services rendered by the landlord appellant. A furnished flat was let out at a lump sum rent of Rs.1..Category: Tenancy Law | Date: | Hits: 82
Moqbul Ahmed and another Vs. Ahmed Impex (Pvt.) Ltd. and ors, 1996, 25 CLC (AD)
....”. Section 3(1) of the Companies Act provides as follows: “3. (1) The Court having jurisdiction under this Act shall be the High Court Division: Provided that the Government may, by notification in the official Gazette and subject lo such restrictions and con......ng that the shares of Tofayel Ahmed be reduced by 100 shares and that the name of respondent No. 5 (respondent No. 3 herein), the minor son of Tofayel Ahmed, be struck off. 6. Shortly after service of notice of the said self to be application original respondent No. 2 Tofayel Ahmed died a..Category: Business or Commercial Law | Date: | Hits: 118
Government of Bangladesh Vs. A H M Amir Hossain, 1996, 25 CLC (AD)
....996) 75 ......e college was taken over by the Government as a nationalised college with effect from 7 May, 1979. Oil such nationalisation all teachers of the college including the Principal were absorbed in the service as lecturers on ad hoc basis with scale of pay of Taka 750-1470 and this was done pending f..Category: Constitutional Law | Date: | Hits: 174
Raziul Hasan Vs. Badiuzzaman Khan and others, 1996, 25 CLC (AD)
.... Badiuzzaman Khan and others………………..Respondents Judgment February 1, 1996. Result: The appeal is allowed. The Constitution of Bangladesh, 1972, Article 104 i) In Government Service the question of due promotion and seniority are very important matters and a pers......ibnagar Employees (Conditions of Service) Rules. 1980 and the Freedom Fighters (Seniority) Rules, 1979 as is evident from the resolution of the Council Committee for Senior Service, for promotion and service structure dated 15-2-89 and the Gazette Notification Memo No. SS (A)-10/128/84 dated 7-3-89,..Category: Administrative Law | Date: | Hits: 167
Managing Director, Rupali Bank Ltd. Vs. Md. Nazrul Islam Patwary & others, 1996, 25 CLC (AD)
....ide the order of termination on merit has been upheld upto the High Court Division. As a result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 62. ...... of employment of the plaintiff has been done illegally and without any lawful authority and that the plaintiff is still in the employment of the Rupali Bank. 2. Plaintiff-respondent No.1 while in service as a security guard of Rupali Bank was terminated from service by an order dated 15 Septembe..Category: Labour and Industrial Law | Date: | Hits: 152
Moinuddin (Md) Vs. Bangladesh, 1996, 25 CLC (AD)
....y binding upon the present petitioner but also upon the Court of Settlement. The learned Judges of the High Court Division rightly held that in view of the decision of the civil Courts between the Government and the present petitioner the Court of Settlement acted without any lawful authority in......he petitioner. Thus the impugned judgment and order warrant no interference. The petition is ,therefore, dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 56 ..Category: Property Law | Date: | Hits: 58
Yusuf A Hassan Vs. KM Rezaul Firdous, 1996, 25 CLC (AD)
.... section 203 Cr. P. C. was maintainable. The complainant-respondent may take steps at first for departmental action against the appellant and thereafter may file the criminal case subject to Government sanction for prosecution against the appellant. In its present form the complainant-res...... appellant which was registered as Criminal Petition No. 877 of 1994. He stated therein that he was an Assistant General Manager of Bangladesh Shilpa Rin Sangstha. He took voluntary retirement from service. He is now the Proprietor of a Private Firm. The appellant who is now the General Manager o..Category: Criminal Law | Date: | Hits: 60
A K Mohammad Idris Vs. Bangladesh Krishi Bank and Others, 1996, 25 CLC (AD)
....e. At that time the Bank Employees’ Provident Fund Regulations, 1961 was in force and there was Fund Regulations, 1961 was in force and there was no provision for any pension scheme. In 1979 Government approved pension scheme for retired employees of nationalised and other money-lending or....... Judgment: MH Rahman J: On 30 March 1987, the Appellant retired as Senior Principal Officer of the Bangladesh Krishi Bank after completing 29 years service. At that time the Bank Employees’ Provident Fund Regulations, 1961 was in force and t..Category: Employment/Service Law | Date: | Hits: 150
Golam Murtaza Bhuiyan and Others Vs. Government of Bangladesh and Others, 1996, 25 CLC (AD)
....Rahman J Golam Murtaza Bhuiyan and Others ……………………………………….Petitioners Vs. Government of Bangladesh and Others……………………&......e informed of the working of the Ministry/Division and shall work under his supervision. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 47 ..Category: Property Law | Date: | Hits: 71
Government of Bangladesh Vs. Hasan Movies Ltd. and others, 1995, 24 CLC (AD)
.... is also Reported in: 48 DLR (AD) (1996) 40. ......he term has been defined as hereunder: “Travelling allowance means an allowance granted to a Government servant to cover the expenses which he incurs in travelling in the interest of the public service. It includes allowance granted for the maintenance of conveyances, horses and tents.” ..Category: Labour and Industrial Law | Date: | Hits: 130
Hutchison Telecom Bangladesh Ltd. Vs. BD Telegraph & Telephone Board & ors, 1996, 25 CLC (AD)
....ing BTL to operate several telecommunication systems including Cellular Mobile Telephone Service in the private sector. Eight months thereafter, i.e. on 25.3.90 BTTB issued, being empowered by the Government to do so under the Bangladesh Telegraph and Telephone Board Ordinance, 1979, a licence u......other defences. 5. The High Court Division in discharging the Rule Nisi held that clause (3) of the licence confers upon BTL the exclusive right of operation of all the stipulated telephone services for a period of 5 years from the date of signing of the agreement, i.e. from the 26th Jul..Category: Information Technology Law | Date: | Hits: 251
Bangladesh Telecom (Pvt.) Ltd. Vs. Bangladesh T & T Board & others, 1993, 21 CLC (AD)
....tition was maintainable. 13. That was a simplistic disposal of the issue and needs a deeper approach to resolve it. 14. Section 4 of the Telegraph Act, 1885 provides that within Bangladesh, the Government shall have the exclusive privilege of establishing, maintaining and working telegraphs: P......sations, consents and permissions to provide, operate and maintain the aforesaid communication systems in the private sector for 20 years with effect from 26.7.89 with exclusive right of operation of services of the aforesaid systems for a period of 5 years from the said date. It was alleged in the ..Category: Information Technology Law | Date: | Hits: 242
Hasina Khatoon and others Vs. Bangladesh and others, 1996, 25 CLC (AD)
....dgment and order dated 12th August, 1987 of the Court of Settlement in Case No. 377 of 1987. 2. The petitioner’s father Md. Abdul Kader built the house on the land taken from the Government as a lessee for ninety-nine years. He died on 25th March, 1971. After the liberation of......t follows that the Court of Settlement must now dispose of this matter according to law. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 13 ..Category: Property Law | Date: | Hits: 53
Government of Bangladesh Vs. Md. Jalil and others, 1995, 24 CLC (AD)
....pellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Md Abdur Rouf J Md Ismailuddin Sarker J Government of Bangladesh, represented by the Secretary, Ministry of Works ………....... the result, therefore, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: I ADC (2004) 415, 48 DLR (AD) (1996) 10, 49 DLR (AD) (1997) 26 ..Category: Property Law | Date: | Hits: 57
Bangladesh Vs. Md. Suruzzamal and others, 1996, 25 CLC (AD)
....…………..Respondents [In both the Appeals] Judgment April 27, 1995. Cases Referred to- M/s Khan Brothers Ltd. vs Government of Bangladesh 27 DLR 423, Government of the People’s Republic of Bangladesh vs. M......appellant submits that Rupali Bank filed Money Suit No. 32 of 1972 against Dr. Shamim on 3.5.72 in the 3rd Court of Munsif at Dhaka. The suit property was shown to be the address of Dr. Shamim for service of summons in the suit. He did not enter appearance. The plaint of the said suit reveals th..Category: Property Law | Date: | Hits: 61
Dr. Rati Ranjan Choudhury Vs. Parul Bala Marwari and another, 1972, 1 CLC (HCD)
.... meet with disappointment. The result, therefore, is that the appeal is dismissed without any order as to costs, the judgment and order under appeal is hereby confirmed. Ed. ......onsideration of reduction of rent of Rs. 40/-. She however, continued possession of the hut in holding No. 346 at rental of Rs. 30/- per month through the sub-tenant defendant No.2. She also denied service of notice under section 106 of the Transfer of Property Act and the plaintiffs bonafide re..Category: Property Law | Date: | Hits: 71
Syed Modaris Ali Vs. Syed Md. Illias Ali and others, 1972, 1 CLC (HCD)
....nfant and the defendant No.l was major and naturally he looked after and managed the properties left by Syed Mohd. Idris. The tenanted lands of Syed Mohd. Idris, however, have been acquired by the Government and accordingly those properties have been excluded in the suit. The lands mentioned in ......he observations made in the judgment. The cost of this appeal will abide by the result. In view of the above order, the cross-objection has lost its importance and is, therefore, rejected. Ed. ..Category: Property Law | Date: | Hits: 59
Rabiul Hossain Vs. Chairman, District Council Khulna and DC Khulna and others, 1972, 1 CLC (HCD)
....s petition was passed without lawful authority and has no legal effect. The petitioner is entitled to his cost of this petition which we assess at Rs. 51.00 (Rupees fifty one-only). Ed. ...... meeting of the District Council on 23.1.68. The petitioner contends that this notice was also not served on him. The case of the respondents is however, that the process server took this notice of service on the petitioner but the petitioner was absent from his house and as the family members of..Category: Others | Date: | Hits: 92
Bijon Bala Chowdhurani & others Vs. Maniruddin Biswas & others, 1972, 1 CLC (AD)
....the learned Advocate for the petitioners is upheld it will amount to partial pre-emption. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. ......d (6) of section 96 of the Act. "96. (1) if a portion or share of a holding of a raiyat is transferred, one or more co-sharer tenants of the holding may within four months of the service of the notice given under section 89, or, if no notice has been served under section 89,..Category: Property Law | Date: | Hits: 47
Aminul Islam Vs. State, 1972, 1 CLC (HCD)
....ney was to be disposed of. The law relating to disposal of Works Programme Fund, according to the said Court, was laid down in circular No. 44 issued by the Secretary of the Basic Democracy and Local Government Department. This circular contains certain instructions and provides for, among others, i......s not at all been proved and he is entitled to be acquitted. The appeal is allowed. The conviction and sentence passed against the appellant are set aside and he is acquitted of the charge. Ed. ..Category: Anti-Corruption Laws | Date: | Hits: 83
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