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Rokeya Begum Vs. Md. Nurul Absar and others, 2004, 33 CLC (AD)
....e granted the relief prayed for. 28. In the background of the discussions made herein before we find merit in the appeals. Accordingly the appeals are allowed. There is no order as to costs. Ed. ......er passed by the Revenue Officer when on the basis of that a separate khatian was opened and rents paid by the petitioner-respondent. The non-filing of petition for mutation and non-production of the service return of the notice cannot be a ground to ignore the final order of mutation due to the fac..Category: Property Law | Date: 25 Apr, 2004 | Hits: 42
Bangladesh Bank and ors. Vs. Zafar Ahmed Chowdhury and another, 2004, 33 CLC (AD)
....cise of jurisdiction and referred to a decision in the case of State of Orissa vs. Modan Gopal Rungta reported in AIR 1952 SC 12. 5. The short facts leading to the said decision are that the Government of Orissa having, passed an order canceling the temporary permits and directed the respon...... of requisition. It is true section 4A of the Act as inserted by Ordinance No. III of 1960, provides of an appeal to the Commissioner against an order of requisition within 30 days from the date of service of the order and empowers the Provincial Government to revise, either on its own motion or o..Category: Constitutional Law | Date: 24 Apr, 2004 | Hits: 175
Executive Engineer, LGED, Rangpur Vs. A Latif & Company Ltd, 2004, 33 CLC (HCD)
....ohinderpal and another, AIR 1989 SC 1263; Ghulam Abbas Vs. Trustees of Port of Karachi, PLD 1987 SC 393; Mohammad Eunus & Brothers Vs. Chittagong University, 44 DLR (AD) 296; KM Shafi Limited Vs. Government of Bangladesh, 1983 BLD (AD) 109; State of Orissa Vs. Dhandasi Sahu, AIR 1989 SC 1791; Dh......d dated 22‑6-2000 is accordingly set aside. The arbitration agreement now ceases to have any effect. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 656. ..Category: Arbitration Law | Date: 11 Apr, 2004 | Hits: 3
Agrani Bank, rep. by the Chairman, BoD, & ors. Vs. Khandaker Badrudduza, 2004, 33 CLC (AD)
.... 14. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ......an inquiry was held and therein he was found guilty. The authority on receiving the inquiry report served 2nd show cause notice on the respondent, to which he replied, proposing dismissal from service and finally, on February 24, 1992 respondent was dismissed from service. 4. As..Category: Administrative Law | Date: 6 Apr, 2004 | Hits: 130
Ananda Builders Ltd. Vs. Bangladesh Inland Water Transport Authority and others, 2004, 33 CLC (AD)
....ate. (5) The High Court Division erred in law in holding that there was no legal basis for legitimate expectation by the petitioner as no assurance was ever given either by the BIWTA or by the Government inasmuch as the recommendation made by the committee was assistance by the respondents to...... petitioner. 2. The case of the appellant, in short, is that the appellant participated in a bid and was awarded work for the construction of 175 pontoons and 2 tugboats and ancillary works and services under the "Inland Pontoon Facilities" of BIWTA financed by IDA being credit No. 2232 Bangla..Category: Constitutional Law | Date: 6 Apr, 2004 | Hits: 215
Sec. Min. of Law, Justice & Par. Affairs & ors. Vs. Md. Borhan Uddin and ors., 2004, 33 CLC (AD)
....s Judgment April 5, 2004. The Code of Criminal Procedure, 1898 (V of 1898), section 492 The relationship between the Special Public Prosecutor and the Government being that of a client and a lawyer and that being the accepted position and whose skill......oner was appointed as Special Public Prosecutor to conduct hearing of the Session Case No. 120 of 1993 alone and, m such, he did not acquire any legal right and further terms and conditions of the service as of Special Public Prosecutor is not governed or regulated by any law and statutory rule ..Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 201
SM Jillur Rahman Vs. Bangladesh and ors., 2004, 33 CLC (AD)
....aring of the Sessions Case No. 120 of 1993 of the 3rd Court of Additional Sessions Judge, Dhaka. The appointment was made by the Ministry of Law, Justice and Parliamentary Affairs (Solicitor Wing) Government of Bangladesh by the letter dated June 8, 1997. By the letter dated September 13, 1998 t...... 9. In view of our discussions made hereinabove we find no merit in this appeal. The appeal, accordingly, is dismissed. There is no order as to costs. Ed. ..Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 259
Alauddin Sikder (Md) & anr. Vs. BD and ors., 2004, 33 CLC (AD)
....ort of the petition, Mr. Prabir Haider, the learned Advocate, submits, inter alia, that High Court Division committed error in not considering that the administration and management of a Non‑Government Intermediate College having School Section is vested with Governing Body of the Institut......p; The petitioners are directed to pay cost of Taka 5,000 (five thousand) each and pay the amount to the college fund within one month from the date of receipt of this order. Ed. ..Category: Constitutional Law | Date: 31 Mar, 2004 | Hits: 213
Bangladesh Vs. Md. Amjad Ali Mridha & ors., 2004, 33 CLC (AD)
....on Act, 1957 read with paragraph 59 of the Anti‑Corruption Manual. 25. Provision of section 3(2) of Anti-Corruption Act, 1957 reads as: Section 3(2): "Subject to any orders which the Government may make in this behalf, officers of the Bureau shall have throughout Bangladesh in rela......on in quashing the proceedings of the special cases. 32. In the background of our discussions made hereinabove we find merit in all these appeals. Accordingly, the appeals are allowed. Ed. ..Category: Anti-Corruption Laws | Date: 30 Mar, 2004 | Hits: 74
BRTC Vs. Md. Esken Mollick and anr., 2004, 33 CLC (AD)
....as come to a correct decision and there being no error in the said judgment, the appeal has no substance. In the result the appeal is dismissed without any order as to costs. Ed. ......fe of the respondent No. 1 being ill he could not appear and prayer for time was made which being not allowed the management proceeded with the proceeding ex parte and thereafter dismissed him from service on 26‑2‑1992 effective from 27‑21992 and that he submitted grievance..Category: Labour and Industrial Law | Date: 16 Mar, 2004 | Hits: 99
Mosharraf Hossain (Md) (Babul) Vs. Bangladesh, 2004, 33 CLC (AD)
....ed in Writ Petition No. 5958 of 2003 summarily rejecting the same. The writ petition was filed impugning Memo, dated September 3, 2003 issued under the signature of Deputy Secretary (Pouro), Local Government Division of the Ministry of Local Government, Rural Development and Co‑operatives ......passed in the light of the resolution which was taken after due compliance of the law as in section 13(3) of the Ordinance. Accordingly, the petition is dismissed. Ed. ..Category: Constitutional Law | Date: 16 Mar, 2004 | Hits: 269
.... arises does not thereby become an industry as commonly understood. We hardly think in terms of an industry, when we have regard, for instance, to the rights and duties of master and servant, or of a Government and its secretariat, or the members of the medical profession working in a hospital. It w......loyed in a managerial capacity or otherwise, are not workers, either within the provisions of the IRO or under the Act. They are the employees of the Corporation and the terms and conditions of their service are regulated by the provisions of the Ordinance itself…. (45)
In accordance wit..
Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4
Ataur Rahman (Md.) another Vs. Edruc Limited, 2004, 33 CLC (HCD)
.... applications are dismissed. Cases Referred to- Amin Scales Ltd. and another Vs. Md. Yakub, 1987 BLD (AD) 259 = 39 DLR (AD) 201; Haridas Vs. Baroda Kishore, 27 Cal 38; Fardous Chowdhury Vs. Government of Bangladesh, 3 BLC (AD) 213; Bancharam Majumdar Vs. Adyanath Bhattacharja, ILR 36 Cal, ......x of the allegations as leveled in both applications against the respondent company is that the arrear salaries, allowances and other dues of the petitioners could not be paid by it on termination of service/retirement of service. The case of the petitioners is that they served the respondent compan..Category: Company Law | Date: 3 Mar, 2004 | Hits: 8
Govt. of BD. rep. by Sec., Min. of Post, T&T & ors. Vs. Abul Khair, 2004, 33 CLC (AD)
.... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Fazlul Karim J MM Ruhul Amin J Md. Tafazzal Islam J Government of Bangladesh represented by the Secretary, Ministry of Post, Telegraph and Tele......lia, that he was appointed as Postal Clerk on 7‑9‑1971 and subsequently he was promoted to the rank of Asstt Post Master (Non Gazetted) on 13‑11‑1991. During the tenure of his service he was directly associated with the Trade Union Activities. He held the office of Secretary,..Category: Administrative Law | Date: 23 Feb, 2004 | Hits: 125
Jalil Brothers and ors. Vs. Humayun Majid and ors., 2004, 33 CLC (AD)
....assed by the High Court Division in Writ Petition No. 3223 of 1996 making the Rule absolute. 2. The respondent No. 1 filed the above writ petition seeking direction upon the respondent No. 2, the Government of Bangladesh, to hand over to him the vacant possession of the ground floor of the build......e matter in its proper perspective and we find no illegality or irregularity in the decision of the High Court Division. Accordingly, the appeal is dismissed without any order as to costs. Ed. ..Category: Tenancy Law | Date: 18 Feb, 2004 | Hits: 133
State Vs. Anjuara Khatun, 2004, 33 CLC (HCD)
....Anjuara Khatoon is sentenced to imprisonment for life. Lower Court’s Record is sent down as early as possible. Ed. This Case is also Reported in: 57 DLR (2005) 277. ......ussed nor considered by us and a we shall not make an idle parade of discussing those authorities to save the Judgment to be unnecessarily encumbered. 30. First branch of contention pressed into service is that, there had been unusual delay in laying First Information Report and First Informati..Category: Criminal Law, Evidence Law | Date: 17 Feb, 2004 | Hits: 7
Abdus Sattar (Md) and ors. Vs. Lalon Mazar Sharif & Seba Sadan Committee & ors., 2004, 33 CLC (AD)
....onsideration of the evidence on record has arrived at the correct finding and, as such, no interference is called for. Accordingly, this leave petition is dismissed. Ed. ......onsideration of the evidence on record has arrived at the correct finding and, as such, no interference is called for. Accordingly, this leave petition is dismissed. Ed. ..Category: Property Law | Date: 11 Feb, 2004 | Hits: 127
State Vs. Moslemuddin (Md), 2004, 33 CLC (AD)
....l Attorney‑General appearing for the appellant, submits that the order of acquittal was passed by the learned Single Judge only on the ground that in the present case sanction was obtained from the Government but through inadvertence the copy of the order of the President's Secretariat granting sa......tence is illegal". In view of above position we fined no reason to interfere with the judgment and order passed by the High Court Division and accordingly the appeal is dismissed. Ed. ..Category: Anti-Corruption Laws | Date: 19 Jan, 2004 | Hits: 96
Mirpur Mazar Co-Operative Market Society Ltd. Vs. Capital Tower (Pvt) Ltd & Ors., 2006, 35 CLC (AD)
....tive Market Society Limited (the Market), owns three-storied Super Market building at 1, Darus Salam, Mirpur, Dhaka on the land measuring more or less three bighas leased out by the Government on April 24, 1981, that land measuring 1002 square yards situates to the east......mode of allotment of the plot in question. 12. In view of the discussions made herein over we find no substance in the petition. Accordingly, the petition is dismissed. Ed. ..Category: Property Law | Date: 18 Jan, 2004 | Hits: 86
....a profit making organisation. It was also the contention that fund of the organisation is generated by donation from different Foreign Agencies and organisations as well as by the loan advance by the Government. It was the further contention since the petitioner is not an 'industry' as has been defi......usiness, it has not ceased to be an, ‘industry' only because of its some philanthropic activities. It has also been observed by the High Court Division that the writ petitioner instead of realising service charge is realising interest at a very high rate and, as such, the petitioner comes within t..
Category: Employment/Service Law | Date: 17 Jan, 2004 | Hits: 120
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