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Bangladesh Vs. Shirely Anny Ansari, 2000, 29 CLC (AD)

....gh Court Division in Writ Petition No. 7756 of 1997 is hereby set aside and that of the Court of Settlement restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 180. ......nce Act have failed to help Mr. Khandker in the matter. 11. We have gone through the judgment of the High Court Division and it appears that the learned Judges of that Division based their decision only on the fact that the deed of gift is a registered one overlooking the fact that there..

Category: Property Law | Date: | Hits: 64

Abul Bashar Vs. Investment Corporation of Bangladesh & another, 2000, 29 CLC (AD)

....ive authority, as the case may be.” 10. It is clear from the wording of the second Gift proviso to sub-section (2) of section 4 of the Administrative Tribunals Act that the legislative intendment behind this provision is to exclude the proceedings governed by the Adminis...... accept the plea and dismissed the case as barred by limitation. 4. The petitioner preferred Appeal Case No. 51 of 1996 to the Administrative Appellate Tribunal which found that the decision of the Administrative Tribunal was in accord with the principle laid down by this Court in..

Category: Administrative Law | Date: | Hits: 121

Jamir Ali (Md) and others Vs. Secretary, Ministry of Land & others, 2000, 29 CLC (AD)

.... 1953 Act as amended by sections 22 and 23 of the 1987 Act. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 176; 6 MLR (AD) 2001, 41. ......3), Sections 79 & 93A The Acquisition and Requisition of Immovable Property Ordinance, 1982 (II of 1982), section 12 Non-payment of compensation within one year from the date of decision of the Government for acquisition of land as contemplated under section 12 of the Ordinanc..

Category: Property Law | Date: | Hits: 94

Bangladesh and another Vs. Habib Zamil, 2000, 29 CLC (AD)

....the result, the appeal is allowed and the impugned judgment and order set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 174. ......f abandoned property was published in the official Gazette on 28 April 1986 whereas the Court of Settlement was constituted on 21 October 1986 the writ petition was maintainable. It relied on the decision in case of Begum Lutfunnessa vs. Bangladesh 42 DLR (AD) 86 in support of its view. The Hi..

Category: Property Law | Date: | Hits: 73

Zenith Packages Limited Vs. Member Labour Appellate Tribunal Dhaka and others, 2000, 29 CLC (AD)

....e reason as given by us, find any reason to admit this petition for review. The review petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 160. ......ance Corporation of India vs. DJ. Bahadur and others AIR 1918 (SC) 2181 and of Pakistan River Steamers Ltd vs. Province of East Pakistan & ors PLD 1961 (SC) 393 = 13 DLR (SC) 153 in that those decisions were on interpretation of section 19(1) of the Industrial Act 1947 and has no manner of a..

Category: Labour and Industrial Law | Date: | Hits: 127

Yaqub Mohammad and another Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)

....been issued without any lawful authority. We see no ground for grant of leave and dismiss the petitions accordingly. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 159; 5 MLR (AD) 137. ......the same under two covering letters dated 23 August 1995. On receipt of the same the petitioners submitted their respective representations to respondent No. 1. Bangladesh Bank which communicated its decision thereon by letters dated 2 October 1995 and directed payment of the loan in terms of the no..

Category: Banking Law | Date: | Hits: 191

Bangladesh and others Vs. Mizanur Rahman, 2000, 29 CLC (AD)

....of any excess duty under section 33 of the Act within six months of such payment his writ petition is not maintainable. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 149. ...... not a case of change in the exemption granted under section 19 of the Customs Act and the High Court Division failing to notice the distinction of the facts of the present case and the aforecited decision in 48 DLR (AD) 199 committed an error of law in holding that the duty is to be paid on th..

Category: Fiscal/Taxation Law | Date: | Hits: 94

Abdul Khaleque (Md) Vs. Sec, Ministry of Law, Justice and Parliamentary Affairs, 2000, 29 CLC (AD)

.... find any substance in the submissions of the learned Advocate for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 147. ......Tribunal and confirmed the order of compulsorily retirement on the findings, that the petitioner was served with a second show cause notice along with a copy of the record of the authority’s decision, that the petitioner was not, prejudiced and that there was no violation of the principle ..

Category: Administrative Law | Date: | Hits: 125

Syed Jahangir Hossain Vs. Md. Moyenuddin and others, 2000, 29 CLC (AD)

....de above we find no merit in this appeal. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 140. ......t Governing Body of the College is the competent authority to appoint and remove teachers of the College and the defendant No. 1 has no such authority and the Governing Body of the College made no decision for his removal from the College and defendant No. 6 passed the order to remove the plaint..

Category: Others | Date: | Hits: 84

Asmat Ali Vs. Abdur Rafique Mridha and others, 2000, 29 CLC (AD)

....y dismissed without costs. Order of the Court   By a majority decision the appeal with cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 132. ......uch, cannot be deemed to have formed part of the instrument. The facts, circumstances and evidence together with the deed of kabala having not been carefully considered by the courts below, the decision arrived at by the courts below does not appear to be correct decision.” ..

Category: Property Law | Date: | Hits: 64

ASF Rahman and another Vs. AM Agha Yousuf and others, 2000, 29 CLC (AD)

....garding locus standi of the appellants. In the result, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 127. ......well as principle of franchise. 14. Following submissions of the Caveator were allowed to be considered: “The petitioners cannot be said to be aggrieved by the impugned decision of the learned Company Judge. Neither the Bank nor Mr. A Matin Khan has preferred any p..

Category: Business or Commercial Law | Date: | Hits: 107

Abdus Samad & ors Vs. Dt. Com. & Custodian of Vested Pty & Non-Res Pty, 2000, 29 CLC (AD)

....ision of the High Court Division. The petition is devoid of any force and the same is accordingly dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 120. ......nior Assistant Judge, Sreenagar, dismissed the suit in consideration of the evidence on record. 5. The plaintiffs thereafter preferred an appeal therefrom. The appellate Court reversed the decision of the trial Court and decreed the suit. 6. Being aggrieved defendant No. 2 came u..

Category: Property Law | Date: | Hits: 59

Delwar Hossain Mia (Md) and another Vs. Bangladesh, 2000, 29 CLC (AD)

.... substantial question of law has been made out for grant of leave in this case. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 120. ......vil servants being terms and conditions of service the Administrative Tribunal is possessed of the exclusive jurisdiction to hear the dispute in such matters. The case is thus fully covered by our decision in the cited case. No substantial question of law has been made out for grant of leave in ..

Category: Constitutional Law | Date: | Hits: 151

Khalilur Rahman (Md) Vs. Government of Bangladesh and others, 2000, 29 CLC (AD)

....e learned Advocate for the petitioner. There is no substance in this petition. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 115. ......yed in section 21(1) vests in the Delimitation Officer authority to consider all the above 3 aspects viz, territorial unity, distribution of population and administrative convenience and, as such, decision by him evidently is to be based on consideration of these factual aspects. 7. The ..

Category: Others | Date: | Hits: 82

Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)

....creating a judicial service of Bangladesh under the direct control and supervision of the Supreme Court. Ninthly, the High Court Division traveled beyond its jurisdiction in directing adoption of legislative measures by the Government in violation of the principle of separation of powers adopted......n such an opportunity. (3) If in respect of such a person that question arises whether it is reasonably practicable to give him an opportunity to show cause in accordance with clause (2), the decision thereon of the authority empowered to dismiss or remove such person or to reduce in rank ..

Category: Constitutional Law | Date: | Hits: 829

Badsha Mia & Others Vs. Abdul Kader and Others, 2000, 29 CLC (AD)

.... infirmity in the decision of the learned Single Judge of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 79. ......d can be filed without recourse to section 33 of the Act and section 32 bars a suit of the present nature. 5. The learned Advocate-on-Record could not point out any legal infirmity in the decision of the learned Single Judge of the High Court Division. The petition is dismissed..

Category: Civil Law | Date: | Hits: 104

Islami Bank Bangladesh Limited Vs. Al-Haj Md Shafiuddin Howlader& another, 2000, 29 CLC (AD)

....pugned judgment of the High Court Division is set aside and the judgment and order of the Artha Rin Adalat is restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 76. ......on a misconception of the relevant provisions of the Act wrongly held that the provision of Order 9 rule 9 CPC is not applicable in a proceeding under the Act and thus misdirected itself to a wrong decision setting aside the order of restoration passed by the Artha Rin Adalat. 10. Appel..

Category: Business or Commercial Law | Date: | Hits: 104

Jihad Ahmed and others Vs. Bangladesh Power Development Board and others, 2000, 29 CLC (AD)

.... accepted. 8. Consequently, both the points of Sheikh Razzaque Ali failed. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 75. ......rd hereinafter referred to as PDB” were transferred from Sylhet to various districts, namely, Jamalpur, Sherpur and Mymensingh. Broadly, the case of the petitioners is that as per Government decision and instructions their service is not transferable and, as such, the transfer orders are w..

Category: Employment/Service Law | Date: | Hits: 90

Abdur Rahim Chowdhury Vs. Bangladesh Bank and others, 2000, 29 CLC (AD)

....gment and order requires no interference by this Court. The appeal is dismissed with cost to the respondents. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 71. ......ion was formed by the Bangladesh Bank in passing the impugned order although no such opinion was mentioned in the impugned order itself. 5. Learned Advocate for the appellant relied on the decision in the case of Dr. Nurul Islam V. Bangladesh reported in 1981 BLD (AD) 140 = 33 DLR (AD)..

Category: Business or Commercial Law | Date: | Hits: 116

Nur Israil Talukder (Md) Vs. State, 2000, 29 CLC (AD)

....t Division are set aside and further proceedings of the case stand stopped and the accused appellant stands released. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 51. ......ithstanding anything contained in the Code of Criminal procedure, 1898 (Act V 1898), hereinafter referred to as the said Code or in any other law for the time being in force or in any judgment, decision or order of a Court, including the Supreme Court. (a) all proceedings..

Category: Criminal Law | Date: | Hits: 59