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Bangladesh Parjatan Corporation Vs. Mofizur Rahman and another, 1993, 22 CLC (AD)
.....11.89 and prayed for allowing him to resume his duty. A copy of the said application is annexed to the writ petition and marked as Annexure F. The appellants remained silent on the matter for a long time whereupon the respondent sent reminders and also met the Chairman of the Corporation on several...... delay. In the result, the appeal succeeds, the impugned judgment and order are set aside but there will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 46. ..Category: Employment/Service Law | Date: | Hits: 126
Rear Admiral AA Mustafa Vs. Bangladesh, 1994, 23 CLC (AD)
....ny view of the matter, if Rule 14(5) and the relevant SRO guiding the appointment of the petitioner is read together and the President is found to have power to retire the Chief of Naval Staff at any time 'in the public interest the impugned order can be said to be valid as although the words 'in th......read with Article 152 of the Constitution. Rule 14(5) of the Navy Rules is not applicable to him and he has a right to continue in the post of Chief of Naval Staff for four years from the date of his appointment. 3. Mr. Asrarul Hossain, the learned counsel for the petitioner, mainly contends that..Category: Employment/Service Law | Date: | Hits: 107
Bangladesh Shilpa Rin Sangstha Vs. Haque Brothers (Carbide) Ltd., 1994, 23 CLC (AD)
.... required to pay interest on this amount (i.e. US $ 90,679N) which has accrued thereon from the dates on which the loans were obtained till the date of the institution of the suit" but at the time of drawing up the final order we have deliberately allowed the petitioner a sum of US $ 90,679......find that our judgment does not need a review. The review petitions are accordingly dismissed. No costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 39 ..Category: Banking Law | Date: | Hits: 125
Abdul Bari Sarker Vs. Bangladesh, 1994, 23 CLC (AD)
.... and at his instance his PA asked the petitioner on telephone to see him in his office. The petitioner did not comply with this direction, particularly when a Contempt‑Proceeding was at that time pending against the Secretary for disregarding the Supreme Court's order in connection with Se......r. In his lengthy submissions he has tried to show us that from the findings of the High Court Division the allegation of "malafide" in the Government's order cancelling the petitioner's appointment was established, but still the Rule was discharged. The learned Advocate has referred t..Category: Employment/Service Law | Date: | Hits: 73
Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)
....orate, Government of Bangladesh for a period of six months on 21 May 1976 or till regularisation of his‑ appointment by the Public Service Commission, briefly the PSC. This period was extended from time to time in consultation with the PSC. In 1977 the PSC by an open advertisement held an intervie......eclaring invalid in part the said Rules being violative of Articles 27 and 29 of the Constitution. By these Rules seniority of the ad‑hoc appointees is to be counted from the date of their original appointment on ad hoc basis, whereas their seniority was to be counted under the Rules then in force..Category: Employment/Service Law | Date: | Hits: 97
Amjad Molla Vs. Syeduzzaman Molla and others, 1994, 23 CLC (AD)
....e dishonestly or fraudulently executes a document with the intention of causing it to be believed that such document was executed by a person by whom he knows that it was not executed or "at a time which he knows that it was not executed." It therefore, clearly appears from the language......re on bail are directed to surrender to their bail bonds to serve their sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 17 ..Category: Criminal Law | Date: | Hits: 61
Momtazuddin and another Vs. Yakub Ali, 1993, 22 CLC (AD)
....d established by practice that a separate application is necessary to be filed for condonation of delay………………………..(9) (ii) The order of the learned District Judge admitting the time barred appeal was apparently bad but the learned Judge of the High Court Division instead of se......f limitation will remain open for decision at the hearing of the appeal and the respondent is free to take all legitimate objections. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 13. ..Category: Procedural Law | Date: | Hits: 121
Wahed Ali Dewan Vs. State and another, 1994, 23 CLC (AD)
....ef Metropolitan Magistrate, Dhaka refused the prayer of the appellant for custody of his daughter and put her in the jimma of her elder sister by an order passed on the aforesaid date. 2. At the time of hearing of this appeal the learned Advocates of the parties drew our attention to their resp......nue to remain in the Jimma of her cider sister as affirmed by the High Court Division. The appeal is disposed of in the above terms. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 10. ..Category: Criminal Law | Date: | Hits: 68
Hosne Ara Begum Vs. Chairman, Court of Settlement and another, 1994, 23 CLC (AD)
....satisfactory disposal of a case. 11. Mr. Hakim then draws our attention to clause 2 of the agreement dated 7.1.71 between Dr. Sadrul Hasan and the petitioner and submits that the vendor had time upto 7.1.81 to execute and register the deed of sale and the petitioner had time upto 7.1.84 ......ther ground or point has been urged by Mr. Hakim. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 9 ..Category: Property Law | Date: | Hits: 77
Bangladesh Bank and others Vs. Mohammad Abdul Mannan, 1994, 23 CLC (AD)
....in lieu of three months notice. 2. The employer is Bangladesh Bank and the employee, Abdul Mannan, is the then General Manager in the Engineering Department of the Bank. At the material time the employee was a confirmed class I officer of the Bank having to his credit about 8 years s......he case of Abdul Majid Vs. Mushafee Ahmed, 17 DLR (SC) 63 the appellant held a civil post in the Ministry of Defence; his service was terminated by two months' notice in terms of the order of' his appointment as 11 temporary". The Ministry sought to defend the termination relying on Article..Category: Administrative Law | Date: | Hits: 149
Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)
....o be submitted to the respondent No. 2 for sanction; it would appear from section 97 of the Ordinance, 1983 that respondent No.1 may establish and maintain public markets subject to any law for the time being in force, the word 'any law' as indicated in Ordinance 1983 includes Act, 1952 and the R......this order. The respondent Nos. 1 and 5 are directed to stop construction of the multi-storied building and to demolish the structure, if any, already constructed. Ed. ..Category: Environmental Law | Date: | Hits: 293
Sheikh Farid (Md) & others Vs. Abdul Wadud Sikder and others, 2006, 35 CLC (AD)
....and others...................Respondents Judgment March 16, 2006. Adverse Possession No positive evidence has been led by the plaintiff to establish from what point of time he started to possess the land in suit asserting his title upon denying the title of the real ......ideration money to the attorney of Karuna Moyee Dasi but there is no evidence on which date, in fact, the plaintiff paid the balance of the consideration money to Karuna Moyee Dasi's attorney whose appointment is said to have been made by Karuna Moyee Dasi on June 9, 1962. The High Court Divisio..Category: Property Law | Date: | Hits: 59
Selim (Md) and others Vs. Syedul Haque Chowdhury and others, 2006, 35 CLC (AD)
.... The State Acquisition and Tenancy Act, 1951 (XXVIII of 1951), Section 96 The Limitation Act, 1908 (IX of 1908), Section 14 With the presentation of the plaint in the proper Court the time consumed before the incompetent Court is excluded from the period of limitation under section ......nt case. 8. We do not find any illegality or infirmity in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 68
Kader Textiles (Pvt) Ltd. and another Vs. Md. Lehajuddin Miah, and others, 2006, 35 CLC (AD)
....ay 75% of their money subscribed by him but it was not paid on the allegation that the company was running at a loss. 3. The respondent No. 1 Lehajuddin Miah, (now deceased) during his lifetime was demanding to hold board meeting of the directors and the annual general meeting of the sh......annot appoint a Chairman for holding meeting of the directors and the Company Court also cannot appoint Chairman of the meeting and also cannot direct for a board meeting and also cannot direct for appointment of an auditor. 10. Mr. Zafarullah Chowdhury, the learned Counsel for the respo..Category: Business or Commercial Law | Date: | Hits: 86
Anwar Hossain Vs. Mainul Hosein & others, 2006, 35 CLC (AD)
....daily Ittefaq by a resolution dated 10-3-1972 in place of the writ-petitioner Mr. Mainul Hosein and Mr Mainul Hosein was made the Chairman of the Board of Editors as he wanted to spend more of his time in the profession of law. When the aforesaid daily was being published and run under the arra...... were in accordance with law. It is also stated in the affidavit-in-opposition filed by Mr. Anwar Hossain in Writ Petition No. 3834 of 1999 that since those impugned orders regarding dismissal and appointment of some persons in the company were subsequently withdrawn, Rule in the said writ petit..Category: Civil Law | Date: | Hits: 103
Akhtar Begum & others Vs. Mahmudul Haque, Advocate and others, 2006, 35 CLC (AD)
....ut affording opportunity to the plaintiff either to cure the defect or to amend the plaint. To prevent the fresh suit on the same cause of action from being barred and to avoid the large costs, time factors and other difficulties, the Court should first direct the plaintiff to cure the defec......above-established principles of law on the subject, we do not find any substance in the submissions of the learned Counsel for the petitioner. The petition is dismissed. Ed. ..Category: Civil Law | Date: | Hits: 91
Afia Begum and others Vs. Abdul Baset Mia & others, 2006, 35 CLC (AD)
....ather in 1985 they have become co-sharers of the holding land of which sought to be preempted by the pre-emptor claiming to be a co-sharer, that they purchased the land sought to be pre-empted at a time when they are already co-sharers of the holding on the death of their father who purchased the....... In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 70
Nur Amin and others Vs. Abdul Quddus and others, 2006, 35 CLC (AD)
....plaintiffs. 6. Defendant Nos. 1-5 went on appeal. The appellate Court on scrutiny of the original plaint (as well as the draft copy of the plaint which was produced before the Court at the time of hearing of the appeal) of Title Suit No. 43 of 1978 arrived at the finding that the plainti......lower appellate Court. 13. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with cost of Taka 5,000. Ed. ..Category: Property Law | Date: | Hits: 51
Bangladesh Shilpa Rin Sangstha (BSRS) Vs. Monowara Begum and others, 2006, 35 CLC (AD)
....ned Counsel appearing on behalf of the petitioner, has taken us through the impugned order and referred to Article 3 of the Order and submits that notwithstanding any other provision of law for the time being in force the provisions of the Order shall prevail and that under Article 33(13) there i......ed Unnecessarily which we disapprove. 14. In view of the discussion made above, we do not find any substance in this petition. The petition is, therefore, dismissed. Ed. ..Category: Civil Law | Date: | Hits: 95
Abdur Rahim (Md) Vs. Bengal Bricks Industries Ltd. & anr, 2006, 35 CLC (AD)
....s sold in auction to the plaintiff respondent, Messrs Bengal Bricks Limited on 12th May, 1978. The plaintiff-respondent entered into possession of the entire property except the suit land, In the meantime Burmah Eastern was renamed as Padma Oil Company Limited, which for failure to pay rent became a......itioner. 14. We do not find any illegality or infirmity in the Judgment of the High Court Division calling for our interference. In view of the above, the leave petitions are dismissed. Ed...Category: Tenancy Law | Date: | Hits: 72
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