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Ramani Marak and another Vs. Jamini Marak and others, 1994, 23 CLC (AD)
....no interference. This appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 51 ......ey were her great grand daughters through her daughter Midong. The suit was contested by the first appellant saying that the suit property was self-acquired properties of Ramjan Garo and it was so recorded in his name in CS Khatian. Ramjan Garo died leaving his wife (defendant No. 1) as the lega...... injunction granted by the High Court Division was done on correct principles. 4. So far as the case of Mosharraf Hossain is concerned, it is to be observed, that the matter related to service, and it was observed that where the question of smooth working of public administration or..Category: Property Law | Date: | Hits: 61
Bangladesh Parjatan Corporation Vs. Mofizur Rahman and another, 1993, 22 CLC (AD)
.... 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. ......1. 11.89 withdrawing his application for retirement with effect from 10.9.88 and prayed for allowing him to resume his duties. The appellants denied these statements saying that there was no official record showing any meeting between the respondent and the now Chairman or any assurance given by the......as a manager under the Bangladesh Parjatan Corporation, briefly the Corporation, appellant No. 1. He made an application seeking retirement on special consideration. The Corporation released him from service undertaking to pay all financial benefits. But then he came in writ to complain that the Cor..Category: Employment/Service Law | Date: | Hits: 126
Rear Admiral AA Mustafa Vs. Bangladesh, 1994, 23 CLC (AD)
.... 103 of the Constitution. The cases cited on behalf of the petitioner has no relevance in the instant case. The petition is dismissed. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 43....... Additional Pension was not available to him, because he was compulsorily retired from service due to inefficiency. It is contended that had the High Court Division issued the Rule and called for the records, it would have been clear that he was retired from service for malafide reasons. 5. It is...... of 1992). Judgment MH Rahman J.- On June 4, 1991 the petitioner, Rear Admiral AA Mustafa, the erstwhile Chief of Naval Staff of Bangladesh, was retired by the order of the President from his service in the Bangladesh Navy under Rule 14(5) of the Navy Rules, 1961. By an order dated July 7, 1..Category: Employment/Service Law | Date: | Hits: 107
Bangladesh Shilpa Rin Sangstha Vs. Haque Brothers (Carbide) Ltd., 1994, 23 CLC (AD)
....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 ......e date of contract fill the date of the institution of the miscellaneous case was ordered to be paid. 8. This, the petitioner‑Sangstha now says, is an error apparent on the face of the record and it is its submission that the operative portion of our order needs be corrected, so as t......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)
....d to his case. Subject to the observations made above, the Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 37 ......d to his case. Subject to the observations made above, the Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 37 ...... petitioner was not a retired public servant but was a Judge of the Supreme Court who has ceased to be a Judge upon attaining 65 years of age and that his appointment in an office of profit in the service of the Republic could not be governed by any contract made under the Public Servants Retire..Category: Employment/Service Law | Date: | Hits: 73
Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)
....ted on the same day, the order of merit is the basis under the former, and academic year or the age in the latter. 20. The High Court Division found the classification made in Rule. 4(1)(Ka) to be good, valid and constitutional, but held the classification made in Rule 4(1)(Kha) to be discriminat...... may be mentioned that in the matter of promotion, the length of service is no doubt a consideration, but it is not only the lone consideration. In the matter of promotion, efficiency, merit, service records, etc. are all considered along with the length of service. Further, one cannot also ask for ...... June 1976. They also appeared before PSC for regular appointment and were so recommended and appointed on regular basis with effect from 6 August, 1977. Under the General Principles of Seniority the service of the Petitioner and respondent Nos. 6 and 7 started from this date (6.8.77); but the, peti..Category: Employment/Service Law | Date: | Hits: 97
Amjad Molla Vs. Syeduzzaman Molla and others, 1994, 23 CLC (AD)
....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 ......has urged the ground which is quoted below: "The learned Single Judge of the High Court Division had committed error of' law apparent on the face of the record inasmuch as his finding that the facts alleged by the prosecution do not constitute the off......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)
....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. ......er the appellants had knowledge about the decree is a matter for investigation at the time of hearing of the appeal. If at the time of hearing the appellants by reference to papers of the lower court records can satisfy the suppression of summons and absence of knowledge about the ex parte decree be......knowledge about the ex parte decree before the date alleged by them they will entitle themselves to relief and on their failure to do so they will go out of court. On the face of allegation about non-service of summons I do not think that an order was required to be passed condoning the delay before..Category: Procedural Law | Date: | Hits: 121
Wahed Ali Dewan Vs. State and another, 1994, 23 CLC (AD)
....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. ......id and the victim girl upon recovery from the accused Azizur Rahman and Yunus, who are brothers, was produced before the Court of the Chief Metropolitan Magistrate, Dhaka on 13.9.92 when a Magistrate recorded her statement under section 164 of the Code of Criminal Procedure. She stated in that sta......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)
....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 ......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 ......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)
....ase. Section 14 of the Limitation Act provides that in computing the period of limitation prescribed for a suit or an application, the time during which the plaintiff has been "prosecuting in good faith and with due diligence another civil proceeding" in a Court having no jurisdiction ......gainst under Regulation 22. We do not find any substance in this contention, for the employee is concerned only with the order of termination and he is not supposed to intrude into the office‑record or proceedings of any meeting of the Board of Directors. In a previous case of two employee......d by an employer and the other by an employee, are directed against an order of the Administrative Appellate Tribunal, dated 25 June 1992, declaring void an order of the employer terminating the service of the employee by paying three months pay in lieu of three months notice. 2. ..Category: Administrative Law | Date: | Hits: 149
Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)
.... P Peachey Corporation Ltd vs. State (1966) 1 QB 380 (400) Lord Denning MR observed as follows: "I regard it as a matter of high constitutional principle that if there is a good ground for supposing that a Government department or public authority is transgressing the ......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. ......ng authority expressly gave it power and authority to draw up a Master Plan for the City which shall, amongst others, provide for (a) a survey of the City including its history, statistics, public services and other prescribed particulars, (b) development, expansion and improvement of any area w..Category: Environmental Law | Date: | Hits: 293
Sheikh Farid (Md) & others Vs. Abdul Wadud Sikder and others, 2006, 35 CLC (AD)
....is lack of evidence to show that he possessed the land denying title of Karuna Moyee Dasi or her sons to their knowledge. Accordingly, the appeal is dismissed with costs. Ed. ......is lack of evidence to show that he possessed the land denying title of Karuna Moyee Dasi or her sons to their knowledge. Accordingly, the appeal is dismissed with costs. Ed. ......is lack of evidence to show that he possessed the land denying title of Karuna Moyee Dasi or her sons to their knowledge. Accordingly, the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 59
Selim (Md) and others Vs. Syedul Haque Chowdhury and others, 2006, 35 CLC (AD)
....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. ......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. ......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
Serajul Islam & others Vs. Md. Abdur Razzaque Chowdhury and another, 2006, 35 CLC (AD)
....tly affirmed the decision of the lower appellate Court as the final court of fact. In such view of the matter, this petition merits no consideration Accordingly, it is dismissed. Ed. ...... Since possession of the plaintiff has been proved by oral evidence and otherwise, the suit is not barred by limitation for bringing the suit beyond six years from the publication of the S. A. record...(8) Lawyers Involved: Rafiqur Rahman, Senior Advocate, instructed by Seraj......tly affirmed the decision of the lower appellate Court as the final court of fact. In such view of the matter, this petition merits no consideration Accordingly, it is dismissed. Ed. ..Category: Property Law | Date: | Hits: 43
Kader Textiles (Pvt) Ltd. and another Vs. Md. Lehajuddin Miah, and others, 2006, 35 CLC (AD)
....ection 233 of the Company law and thus in passing the impugned judgment and order. Therefore, we do not find merits in this leave petition. Accordingly, this leave petition is dismissed. Ed. ......of the respondent is that in spite of the order for rectification of the share register in respect of their 1875 shares, they could not enter into the mill premises and could not have access to the records and books of the company although the respondent No. 1 and the respondent No. 2, together ......ection 233 of the Company law and thus in passing the impugned judgment and order. Therefore, we do not find merits in this leave petition. Accordingly, this leave petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 86
Anwar Hossain Vs. Mainul Hosein & others, 2006, 35 CLC (AD)
.... for the prevention of public injury and the vindication of public justice examine that complaint. It is needless to add that the High Court Division is to see that the aggrieved person must have good reason for bypassing the remedy." 18. It may be stated here that the ...... question. All the appeals are therefore, allowed. There is no order as to costs. The connected civil petition is disposed of in the light of the Judgment in the appeals. Ed. ......eague he ceased to be the Printer. Publisher and Editor of the daily Ittefaq but even in that situation Mr. Anwar Hossain passed certain orders dated 23-1-1999, 17-8-1999 and 25-9-1999 terminating services of some employees and appointing some which amounted to taking part in the management or c..Category: Civil Law | Date: | Hits: 103
Akhtar Begum & others Vs. Mahmudul Haque, Advocate and others, 2006, 35 CLC (AD)
....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. ......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. ......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
Bangladesh Bank Vs. Rana Awan and others, 2006, 35 CLC (AD)
.... the official(s) who was/were responsible for the default. Let a copy of the judgment be sent to the Ministry of Finance, Ministry of Works and also to the Solicitor. Ed. ...... the official(s) who was/were responsible for the default. Let a copy of the judgment be sent to the Ministry of Finance, Ministry of Works and also to the Solicitor. Ed. ...... the official(s) who was/were responsible for the default. Let a copy of the judgment be sent to the Ministry of Finance, Ministry of Works and also to the Solicitor. Ed. ..Category: Civil Law | Date: | Hits: 104
Harendra Nath Mahali Vs. Ramesh Chandra Haider and others, 2006, 35 CLC (AD)
.... reconveyance at all stages. 18. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of. Ed. ......e evidence also held that after reconveyance the land sought to be preempted is possessed by the vendor. The High Court Division noticed that the appellate Court without considering the evidence on record only upon referring to the decision in certain reported cases set aside the judgment and ord...... reconveyance at all stages. 18. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of. Ed. ..Category: Property Law | Date: | Hits: 67
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