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....n: 49 DLR (AD) (1997) 87.
......e School so long as they are the teachers and/or employees of the same. Whether the school functions at Alampur or Khudbandi is immaterial unless it is abolished in accordance with law, because their services are attached with the institution, not with the place of its functioning. Withholding of le..
Category: Employment/Service Law | Date: | Hits: 95
Khairunnessa being dead, her heirs F. Alam & ors Vs. Zobaida Nahar @ Zharna & ors, 1997, 26 CLC (AD)
....e of the land measuring 350 square yards being Plot No. 129, Road No. 3, Block-A, Section 12, Mirpur Housing Estate, Dhaka under a deed of lease No. 8783 dated 15 November 1968 executed by the then Government for a period of 99 years on payment of Taka 9306.00 as salami. Ayesha Bibi was his full ......t be restored. The defendant may take back the amount if already deposited in the trial Court. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 430, 49 DLR (AD) (1997) 77 ..Category: Property Law | Date: | Hits: 82
Abdus Salam Sheikh and others Vs. Puspa Rani Shil and others, 1997, 26 CLC (AD)
....covered by a usufructuary mortgage, the mortgagor may apply to the Sub divisional Magistrate or, after the expiry of the period of such mortgage, to any officer authorised in this behalf by the Government, for such redemption or restoration and, on such application and, in the case of redemp......h Court Division in its judgment impugned before us. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 436, 49 DLR (AD) (1997) 71 ..Category: Property Law | Date: | Hits: 72
Mohsin Mia Vs. Bangladesh, 1997, 26 CLC (AD)
....fair enough to submit that no legal right has accrued to the petitioner merely because he has come out to be the highest bidder. Mr. Ahmed also submits that the petitioner can have no right it the Government decided to allot the disputed Bamboo Mahal to the Paper Mill for its own consumption as m......foresaid principles and not on any legal right before any order of restraint is passed. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 66 ..Category: Constitutional Law | Date: | Hits: 149
Abdul Jalil Miah (Md) Vs. Niropama Ritchil and ors., 1997, 26 CLC (AD)
....not to release it before 15 May, 1974. There is nothing in evidence to indicate that the plaintiff had actually taken possession of the suit property in pursuance of the release order made by the Government, although he might have come into possession at a subsequent period. It is to be noticed......sion, although on different reasonings. In the result the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 426, 49 DLR (AD) (1997) 61 ..Category: Property Law | Date: | Hits: 72
Resima Sultana Vs. Khaez Ahmed Mojumder, 1997, 26 CLC (AD)
.... The contentions raised by the appellant fail and accordingly the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 57 ......n-prosecution. Thereafter on 17-3-92 the respondent filed an application in the execution case, this time under section 16(5) of the Ordinance, praying for monthly instalment alleging that he was a service-holder and except his salary he had no other assets and as such, it would not be possible f..Category: Family Law | Date: | Hits: 144
Abu Talukder Vs. Bangladesh, 1997, 26 CLC (AD)
.... BB Roy Choudhury J Abu Talukder …………………….Petitioner Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh and others …….Respondents Judgment Augu...... The petition is dismissed but the order of payment of cost of Taka 2,500.00 to respondent No. 9 is deleted. Ed. This case is also reported in: 49 DLR (AD) (1997) 56 ..Category: Criminal Law | Date: | Hits: 78
Kamrul Hasan Vs. Bangladesh and others, 1997, 26 CLC (AD)
....gs of a court but it is not a Court proper, which exercises all the judicial powers of the Court provided under the Code of Civil Procedure. Reference may be made of the cases of Mujibur Rahman vs. Government al Bangladesh & Others 44 DLR (AD) III; Kazi Nazrul Islam vs. Bangladesh House Buil......ce pending disposal of the case. The learned Advocate further submitted that the Administrative Tribunal by virtue of its authority, contemplated under Article 117 of the Constitution for deciding service matters and in view of the provision of section 4 and 6 of the Administrative Tribunal Act ..Category: Administrative Law | Date: | Hits: 149
Mofizul Huq Vs. Mofizur Rahman and others, 1997, 26 CLC (AD)
....e writ-petitioner alleged that respondent No. 11 (the appellant) is a teacher of the Sammilani Girls’ High School situated at village Boalpur, PS Morrelgonj, District Bagerhat which is a non Government secondary school within the meaning of section 2(1) (h) (j) of the Intermediate and Seco...... XXXIII of 1961. The appellant filed nomination paper on 7-12-91 suppressing the fact of his disqualification as aforesaid and contested the election held on 6-2-1992 and that he is still in service of the said school as a teacher without any cessation or break and, as such, he has got no ..Category: Others | Date: | Hits: 85
State Vs. Golam Mostafa & ors., 1997, 26 CLC (AD)
....ince the order of conviction and sentence was passed upon them by the trial Court and a further six years have gone by since the passing of the impugned judgment by the High Court Division. If the Government was earnest and serious for a re-trial in the interest of justice, as it is said now, it......ave already taken place. For the reasons stated above the appeal is dismissed subject to the modification as above. Ed. This case is also reported in: 49 DLR (AD) (1997) 32 ..Category: Criminal Law | Date: | Hits: 120
Bangladesh Vs. Abdul Latif Chokder , 1997, 26 CLC (AD)
....ellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of the People’s Republic of Bangladesh, represented by the Comptroller and Audito......ative Tribunal, Dhaka on 21-3-92 in Administrative Tribunal Case No. 126 of 1987. The respondent filed the case before the Administrative Tribunal against an order of his removal from service passed by the Comptroller and Auditor General of Bangladesh alleging that he was appointed ..Category: Administrative Law | Date: | Hits: 106
Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)
....herefore, is that the expression “person aggrieved” means not only any person who personally aggrieved but also one whose heart bleeds for his less fortunate fellow beings for a wrong done by the Government or a local authority in not fulfilling its constitutional or statutory obligations. …......Lanka has of late been extending the scope of standing. Thus it has granted standing to a member of parliament seeking issuance of letters of appointment to 53 persons who were selected to the public service on the basis of competitive examinations but whose letter of appointment were not being issu..Category: Constitutional Law | Date: | Hits: 450
Shahinur Alam (Md) Vs. People’s Republic of Bangladesh and others, 1998, 27 CLC (AD)
....ent Mohammad Abdur Rouf J.- The Petitioner Md. Shahinur Alam as a Munsif was proceeded against under the Government Servants (Discipline & Appeal) Rules, 1985 on the charges of misconduct and corrupt......n District Judge, Natore as an inquiry official found him guilty and in pursuance thereof the concerned authority after consultation with the Public Service Commission dismissed the petitioner from service with effect from 11-4-88 under Rules 4(3)(d) of the aforesaid Rules, 1985. On 18-3-89, the..Category: Administrative Law | Date: | Hits: 133
Nur Begum Vs. Dr. Yusuf Ahmed & another, 1998, 27 CLC (AD)
....e plaintiff. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 210. ......fendant No. 1) in the care of the petitioner (defendant No. 2) in a registered envelope which the petitioner is alleged to have refused to receive was wrongly accepted by the Courts below as proper service of notice terminating the lease. 7. Defendant No. 1 respondent No. 2 was the..Category: Property Law | Date: | Hits: 71
Government of Bangladesh and another Vs. Mashiur Rahman and others, 1998, 27 CLC (AD)
....late Division (Civil) Present : ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of Bangladesh and another………………… Appel......udge, 1st Court. Dhaka is allowed and Title Suit No.142 of 1986 is restored to its original file and number. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 205. ..Category: Property Law | Date: | Hits: 76
Bangladesh Vs. AKM Yousuf Mia & others, 1998, 27 CLC (AD)
.... Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of the People’s Republic of Bangladesh, represented by the Secretary Ministry of P......aving not been completed within the prescribed period of 120 days the proceeding ended automatically and thereby respondent No.1 stood released from the said charges. He did not join thereafter in service, even after the dismissal of the aforesaid appeal on 20-8-85. Then on 20-4-86 he was char..Category: Administrative Law | Date: | Hits: 119
Bangladesh Krishi Bank Vs. Meghna Enterprises and another, 1998, 27 CLC (AD)
.... Recovery (Amendment) Ordinance, 1961 (East Pakistan Ordinance No. XXXV of 1961) wherein special provision was incorporated for recovery of dues in respect of Bangladesh Krishi Bank including other Government agencies. As a policy, decision of the government for early recovery of the loan of Bang...... the Order no investigation, determination or ascertainment of the amount due is to be investigated. Further, Sub-article (3) of Article 21 of the Order also excludes the application of section 7, service of notice, section 9, filing the petition denying the liabilities, section 10, taking evide..Category: Business or Commercial Law | Date: | Hits: 150
Meghna Petroleum Limited Vs. Commissioner of Taxes (East Zone) Dhaka, 1998, 27 CLC (AD)
....on 23(3) read with The Income Tax Ordinance, 1984 (XXXVI of 1984), Section 160 The price differential or the windfall profit having been credited in favour of the BPC under a Government decision before it became an income in the hands of the appellant, the principle of dive...... forthwith to the High Court Division for taking necessary steps in accordance with the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 165. ..Category: Fiscal/Taxation Law | Date: | Hits: 97
Bangladesh Vs. Mahbubuddin Ahmed, 1998, 27 CLC (AD)
....adesh 44 DLR (AD) 111; Abul Bashar vs. Bangladesh 1 BLC (AD) 77; Collector, Central Excise and Land Customs PLD 1985 (SC) 82; Bangladesh Bank vs. Appellate Tribunal 44 DLR (AD) 239; Asma Jalani vs. Government of Punjab PLD 1972 (SC) 139; Khandaker Ehteshamuddin Ahmed @ lqbal vs. Bangladesh 33 DLR...... Ahmed……...Respondents. Judgment February 2, 1998. The Constitution of Bangladesh, 1972, Article 102 (i) Whether an order of dismissal from service under MLO No. 9 was effective or not for non-communication of the same on the affected pers..Category: Administrative Law | Date: | Hits: 125
Bangladesh Railway and ors. Vs. Pranab Kumur Chakraborty and ors., 1996, 25 CLC (AD)
....nt November 25, 1996. The Railways Act, 1890 (IX of 1890), Section 6(3) The Contract Act, 1872 (IX of 1872), Section 23 The suit land being the property of the Government the Railway Administration could not make any contract with respect to the same as this ......wed without any order as to costs. The impugned judgment and decree passed by the High Court Division are set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 150. ..Category: Administrative Law | Date: | Hits: 130
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