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Continental Corporation (Pvt.) Ltd. Vs. Al-Haj Md. Ismail, 1996, 25 CLC (AD)

....shall be entitled to the benefit of this section in respect of any premises unless he pays the rent due by him in respect of such premises to the full extent allowable by this Ordinance within the time fixed in the contract with his landlord or, in the absence of such contract, by the fifteenth ......, therefore, the appeal is allowed without any order as to cost and the impugned judgment and order are set aside. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 141, 48 DLR (AD) (1996) 90 ..

Category: Tenancy Law | Date: | Hits: 82

Syed Mohammad Hashem alias Hashim Vs. State, 1996, 25 CLC (AD)

....cause we are satisfied from the facts disclosed in the FIR and the charge-sheet that a prima facie case of forgery, etc. has been made Out therein and the proceeding has remained pending for a long time because of the issuance of the Rule by the High Court in 1991 which has been disposed of by th......se. Since we are satisfied that no interference is called for on the merit of the case, the petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 87 ..

Category: Criminal Law | Date: | Hits: 71

Moqbul Ahmed and another Vs. Ahmed Impex (Pvt.) Ltd. and ors, 1996, 25 CLC (AD)

....or a cash of Taka 5,60,000.00 and transferred their shares to the wife and minor son of Tofayel Ahmed and resigned from the directorship on 31-12-86 upon receipt of the said amount in cash. In due time they executed two instruments of transfer of shares in favour of the wife and minor son of Tof...... of the learned Single Company Judge, if so advised. The appeal is therefore allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 82 ..

Category: Business or Commercial Law | Date: | Hits: 118

Government of Bangladesh Vs. A H M Amir Hossain, 1996, 25 CLC (AD)

....85 (Annexure “F”) but the Ministry of Education was not acting in pursuance of the decision of the Ministry of Establishment finalised through the Public Service Commission. In the meantime many of the teachers of the nationalised colleges retired and some of them were on the verge o......t 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 framing of rules by the Government in respe..

Category: Constitutional Law | Date: | Hits: 174

Raziul Hasan Vs. Badiuzzaman Khan and others, 1996, 25 CLC (AD)

....d 17-2-83; that he submitted representation for regularization of his appointment but he was informed by order dated 17-8-83 in the negative; that in 1983 a draft seniority list was prepared. At that time he was posted at Islamabad as a Counselor below the rank of Deputy Secretary. Respondent No. 1 ......nt and hearing respondent No. 1 and the appellant afresh. The other parts of the Tribunal’s order will remain and not be reopened. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 71. ..

Category: Administrative Law | Date: | Hits: 167

Mostafa Kamal (Md) Vs. First Court of Settlement and others, 1996, 25 CLC (AD)

....rd arrived at a finding that Nasima Khatun is not the daughter and heir of original lessee Mobina Khatun and that the said lessee had not been in possession of the house in question at the relevant time. The learned Judges of the High Court Division upon taking into consideration of such clear f......no illegality in the impugned judgment and order of the High Court Division. The petition is, therefore, dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 61 ..

Category: Property Law | Date: | Hits: 48

Mohammad Brothers Vs. Collector of Customs and another, 1996, 25 CLC (AD)

....tioner has no equally efficacious remedy. The Customs Act relaxes this condition by provisos. The petitioner can still prefer an appeal to the Board of Revenue which will no doubt consider that the time spent by the petitioner in pursuing the writ petition may be a good cause for entertaining th......missions made by him before the appellate body which will not be inhibited by any observation or finding on the merit of the petitioner’s case. The petition is dismissed. Ed. ..

Category: Business or Commercial Law | Date: | Hits: 111

W B Industrial Corporation Ltd. and others Vs. Deen Mohammad Rana and another, 1996, 25 CLC (AD)

....y tender and it was also disclosed in the plaint that there was negotiation with plaintiff No. 1 with the Bank on several occasions and defendant No. 1 Bank had given the plaintiff No. 1 sufficient time to settle the matter amicably.” “In the plaint it is merely alleged th...... place it before us. They have failed to assail the above findings of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 50 ..

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

A K Mohammad Idris Vs. Bangladesh Krishi Bank and Others, 1996, 25 CLC (AD)

....        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 there was Fund Re......e Appellate Tribunal are set aside and those of the Administrative Tribunal are restored. The appeal is allowed with cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 48 ..

Category: Employment/Service Law | Date: | Hits: 150

Moudud Ahmed Vs. State, 1996, 25 CLC (AD)

....allotment at the rate of Tab 1 crore per bigha . It was also stated in the First Information Report that the Rules of the then DIT required the allottees of plots to pay the price thereof either at a time or by instalments with interest. The present petitioner requested the Minister of Works to allo......ch stands settled by various previous decisions of ours. 17. We therefore find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 42 ..

Category: Anti-Corruption Laws | Date: | Hits: 105

Principal, Chittagong Medical College and others Vs. Shahrayar Murshed and others, 1995, 24 CLC (AD)

....43 of 1993 was a student of 3rd year MBBS of the same College bearing Roll No. 37. Session 1989-1990, and was elected Assistant General Secretary of the same College Students’ Union at the relevant time. Respondent in CA No.73 of 1994 and petitioner in WP No. 2195 of 1993 was a student of 5th year......pugned judgment and order passed by the High Court Division. Accordingly all the appeals are dismissed without any order as to costs. Ed. This Case is also reported in: 48 DLR (AD) (1996) 33. ..

Category: Constitutional Law | Date: | Hits: 169

Hutchison Telecom Bangladesh Ltd. Vs. BD Telegraph & Telephone Board & ors, 1996, 25 CLC (AD)

....d from the computation of the period of 5 years during which the petitioner-company would enjoy the exclusive right of operating the said system in Bangladesh as the petitioner was deprived of the time lost owing to the wrong committed by BTTB in canceling the licence. The invitation of tender o......mit any illegality in discharging the Rule Nisi. 12. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 30 ..

Category: Information Technology Law | Date: | Hits: 251

Bangladesh Telecom (Pvt.) Ltd. Vs. Bangladesh T & T Board & others, 1993, 21 CLC (AD)

.... cellular radio telephone system by the joint venture company HBTL. Whether the show cause notice dated 12.1.92 (Annexure J to the writ petition) was at all a show cause notice, whether BTL had still time to apply for permission from BTTB, if permission was at all needed, whether the impugned order ......etition in respect of this system is allowed. No order as to costs. Civil Appeal No. 3 of 1993 is dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 20..

Category: Information Technology Law | Date: | Hits: 242

Attar Mia and another Vs. Mahmuda Khatun Chowdhury, 1996, 25 CLC (AD)

....opinion, is not also in conformity with the principles of equity, justice and good conscience because the plaintiffs never expressed their desire for pre-empting the structures also at or about the time when the transfer was made. It is in evidence that defendant No.1 with her family had been liv......to cannot be accepted. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 16 ..

Category: Property Law | Date: | Hits: 84

Kamiruddin and others Vs. Md. Mokshed Ali Biswas and others, 1996, 25 CLC (AD)

....e civil revision case, on the grounds that appointment of receiver is a discretionary power of the Court and that the property in suit was under the management of the receiver for a long period of time. 5. Mr. Shafique Ahmed, learned Advocate appearing on behalf of the appellants, has con...... be set aside. In the result the appeal is allowed and the impugned order set aside without any orders as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 14 ..

Category: Property Law | Date: | Hits: 61

Government of Bangladesh Vs. Md. Jalil and others, 1995, 24 CLC (AD)

....or declaration of their title to the disputed house and for releasing the same from the list of the abandoned property and further for delivery of its possession to them. 4. In the meantime, the Government published a Gazette notification on 23.9.1986 under section 5 of the Abandone...... 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

Abdul Wadud Vs. State, 1995, 24 CLC (AD)

....riod of 240 days or within the extended period of another 30 days and thereby 270 working days had already expired on November 11, 1989 Their further case was that the case was transferred in the meantime to the Court of Assistant Judge Munshiganj who again transferred the case to the learned Sessio......ded by Act No. XLII of 1992 will be applicable to the pending cases. In the result, the appeal is dismissed. Ed. This Case is also Reported in: (1995) 3 BLT (AD) 236, 48 DLR (AD) (1996) 6...

Category: Criminal Law | Date: | Hits: 75

Bangladesh Vs. Md. Suruzzamal and others, 1996, 25 CLC (AD)

....igh Court Division rightly relied on some decisions of this Division and the High Court Division and whether it failed to rely on some more appropriate decisions of this Division. 12. At the time of granting leave Mr. TH Khan, entering Caveat for the auction-purchaser orally objected to C......ut any order as to costs. Title Suit No. 339 of 1981 is dismissed and Title suit No. 69 of 1981 is decreed without costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 1. ..

Category: Property Law | Date: | Hits: 61

Basiruddin Sarkar Vs. Jasimuddin Sarkar and others, 1972, 1 CLC (HCD)

.... written statement contended that lot No. 1 in 'Ka' schedule land belonged to his father Jamiruddin. Lot No. 2 in 'Ka' scheduled property also belonged to his father Jamiruddin in 'korfa' right at time when it was not heritable. After his death the land was resumed by the original tenants Amir a......The result, therefore, is that the appeal is dismissed without any order as to costs. The judgment and decree of the trial Court as upheld by the lower appellate Court are affirmed. Ed. ..

Category: Property Law | Date: | Hits: 51

Abdul Gani and others Vs. State, 1972, 1 CLC (HCD)

....an also resided in the said room. On Monday the 10th Falgoon. 1370 corresponding to 24.2.64 at about 7-30 PM the accused Taru Mian, a police constable attached to the Tongi outpost at the relevant time and the accused Abdul Gani came out of the room of Ali Ahmed where they used to take their mea......nt of sentence has become infructuous and it is accordingly discharged. Let a copy of this order be sent to the learned Special Judge wherever he may be in present stationed. Ed. ..

Category: Criminal Law | Date: | Hits: 68