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Monoranjan Barua Vs. Mirza Masud Hossain and others, 1996, 25 CLC (AD)
....nce the document is false. 13. We have seen the entire document and we find that in all other places by the side of each coupon there is the signature of Mirza Murshal Hossain. For the first time, Mr. Khandker Mahbubuddin Ahmed pointed out before us that this document is not genuine, where......ivision is set aside and the suit is dismissed. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 130 ..Category: Property Law | Date: | Hits: 56
Mahmudul Haque (Md) Vs. Md. Hedayetullah and others, 1996, 25 CLC (AD)
....12-94 by the Election Commission, the appellant along with respondent Nos. 1-3 filed nomination papers on January 1, 1995 to respondent No. 4, the Returning Officer. 3. On the following day at the time of scrutiny Respondent No.1 raised an objection(in writing before the Returning Officer allegin......t jurisdiction in interfering with a parliamentary election process. The appeal is allowed without, however, any order as to costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 128. ..Category: Election Law | Date: | Hits: 129
Irfan Sayed (Md) Vs. Mrs. Rukshana Matin and others, 1996, 25 CLC (AD)
....irst party shall be exercised by the First Party by having the child sent over to his residence at 405E, Road No. 27 (Old) Dhanmondi Residential Area, Dhaka three days a week for about 3 hours each time as follows by the Second party in her transport: Monday : 10-00 ......f legal acumen and hence the same is set aside. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 134 ..Category: Family Law | Date: | Hits: 162
Jamila Khatun Vs. Rustom Ali, 1996, 25 CLC (AD)
....ppellant, submits that the traditional Hanafi Law on past maintenance to a wife has been stated in Baillie’s Digest at page 443 as follows: “When a woman sues her husband for maintenance for a time antecedent to any order of the Judge or mutual agreement of the parties, the Judge is not to de......emaining unchanged. In the result the appeal is allowed in part. No Costs. The trial Court’s decree is to be amended accordingly. Ed. This case is also reported in: 48 DLR (AD) (1996) 110. ..Category: Family Law | Date: | Hits: 198
State Vs. Md. Iqbal Hossain alias Iqbal Hossain and others, 1993, 22 CLC (AD)
....committee cancelled their earlier decision and asked for a fresh local tender by resolution dated 11-6-87. The aforesaid tenderers and another except Bashir & Co. submitted their tenders and this time also lqbal Engineering Works was found to be the lowest tenderer whose offer was accepted by th......vision were just, correct and proper and caused no miscarriage of justice. In the result, therefore, all the appeals are dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 100. ..Category: Anti-Corruption Laws | Date: | Hits: 92
AGM, GM Office, Postal Life Insurance Dhaka and another Vs. Sheikh Mizanur Rahman, 1996, 25 CLC (AD)
....and set aside the order of retirement on the ground that the departmental proceeding falls within the mischief of Rule 7(11) of the Rules of 1984 as the said proceeding was not completed within the time limit prescribed by this Rule. The Administrative Appellate Tribunal held that the proceeding ......udgment and order of the Administrative Tribunal is restored. The appeal is allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 97 ..Category: Administrative Law | Date: | Hits: 122
Tafazal Ahmed Contractor Vs. Abdur Rahim and others, 1996, 25 CLC (AD)
....demption. 3. Contesting defendant No.1 (respondent No.1 herein) contended in his written statement that the transfer on 20-5-37 was an out and out sale with a condition of re-purchase. After some time Begumjan received Taka 99.00 from defendant Nos. 1-3 and relinquished her personal right to re-......rred in law in affirming the judgment and decree of the lower appellate Court. In the result, the appeal is dismissed with costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 94. ..Category: Property Law | Date: | Hits: 63
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...... the condition of rule 5, be appointed on ad hoc basis to the same or analogous post he held in the concerned high school before its nationalisation, if he possesses the qualification required for appointment to such post. The impugned Rules of 1981 compared to the Rules for the high school teac..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 ......meanwhile the Ministry of Foreign Affairs by order dated 10-6-82 cancelled the notification relating to his assumption of charge as Director; that the Ministry of Establishment Division cancelled his appointment as Deputy Secretary in the Senior Services Pool by order dated 17-2-83; that he submitte..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
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