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Moqbul Ahmed and another Vs. Ahmed Impex (Pvt.) Ltd. and ors, 1996, 25 CLC (AD)
.... 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 ...... herself. 8. While the learned Company Judge allowed the application of the appellant, the Division Bench on appeal rejected their application, mainly on an appreciation of the evidence on record. 9. The main issue is as to whether an appeal lies from the decision of a Single Comp......ng that the shares of Tofayel Ahmed be reduced by 100 shares and that the name of respondent No. 5 (respondent No. 3 herein), the minor son of Tofayel Ahmed, be struck off. 6. Shortly after service of notice of the said self to be application original respondent No. 2 Tofayel Ahmed died a..Category: Business or Commercial Law | Date: | Hits: 118
Government of Bangladesh Vs. A H M Amir Hossain, 1996, 25 CLC (AD)
....d to remove the anomaly in the matter of absorption of teachers like the respondent in the nationalised colleges and it never having been contended that the Government changed its decision for any good reason, the Court will be justified in holding that the Government is required by law to imple......e grounds viz. 1) that the delay (of 28 days) ought to have been condoned in view of the bona fide explanation offered by the appellant, 2) that there having been error apparent on the face of the record the High Court Division erred in holding that the alternative remedy of appeal barred review......e college was taken over by the Government 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 f..Category: Constitutional Law | Date: | Hits: 174
Raziul Hasan Vs. Badiuzzaman Khan and others, 1996, 25 CLC (AD)
.... and he having not fulfilled the requirements for placing him above the appellant, his case was refused; that his last representation was not even forwarded to the Establishment Ministry as it had no good reasons for reconsideration of his case and respondent No. 1 was informed accordingly; that it ......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. ......ibnagar Employees (Conditions of Service) Rules. 1980 and the Freedom Fighters (Seniority) Rules, 1979 as is evident from the resolution of the Council Committee for Senior Service, for promotion and service structure dated 15-2-89 and the Gazette Notification Memo No. SS (A)-10/128/84 dated 7-3-89,..Category: Administrative Law | Date: | Hits: 167
Moti Mia Vs. Ayesha Khatun and another, 1996, 25 CLC (AD)
....ection 107 of the Criminal Procedure Code and a criminal case under section 427 of the Penal Code were pending, for which the defendants were looking out for an opportunity to teach the plaintiff a good lesson. The positive averment in paragraph 5 of the plaint is that the impugned kabalas were ...... 5000.00 in cash. This part of the evidence of salish and settlement had not been challenged by the plaintiff in cross-examination. Hence, from the pleadings of the parties and from the evidence on record it is clear that the prime object and consideration of compromise was to compensate defendan......easonings therefor. For the reasons stated above, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 64 ..Category: Property Law | Date: | Hits: 72
Managing Director, Rupali Bank Ltd. Vs. Md. Nazrul Islam Patwary & others, 1996, 25 CLC (AD)
....ide the order of termination on merit has been upheld upto the High Court Division. As a result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 62. ......ide the order of termination on merit has been upheld upto the High Court Division. As a result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 62. ...... of employment of the plaintiff has been done illegally and without any lawful authority and that the plaintiff is still in the employment of the Rupali Bank. 2. Plaintiff-respondent No.1 while in service as a security guard of Rupali Bank was terminated from service by an order dated 15 Septembe..Category: Labour and Industrial Law | Date: | Hits: 152
Mostafa Kamal (Md) Vs. First Court of Settlement and others, 1996, 25 CLC (AD)
....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 ...... Division fell into an error in upholding such wrong decision of the Court of Settlement by the Impugned judgment and order. 4. The Court of Settlement on consideration of the materials on record arrived at a finding that Nasima Khatun is not the daughter and heir of original lessee Mobi......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
Muzaffar Hossain Vs. Md. Humayun Kabir and others , 1996, 25 CLC (AD)
....d Judge rightly set aside the judgment and order of the Election Appellate Tribunal. The petition is, therefore dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 59 ......ned six witnesses including himself and respondent No.1 examined four witnesses including himself in support of their respective cases and the Election Tribunal on consideration of the evidence on record dismissed the election petition by his judgment and order dated September 8, 1992. On appeal......d Judge rightly set aside the judgment and order of the Election Appellate Tribunal. The petition is, therefore dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 59 ..Category: Others | Date: | Hits: 98
Mohammad Brothers Vs. Collector of Customs and another, 1996, 25 CLC (AD)
....ter pumps and 100 sewing machines at a price of US $45 and US $60 C & F Chittagong respectively after opening a Letter of Credit. He submitted Bill of Entry and Bill of Lading on arrival of the goods at the Port of Chittagong on board the vessel MV Fong Yun. The appraiser assessed the customs......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. ......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
Moinuddin (Md) Vs. Bangladesh, 1996, 25 CLC (AD)
....he petitioner. Thus the impugned judgment and order warrant no interference. The petition is ,therefore, dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 56 ...... exclusive jurisdiction to decide as to whether any property is abandoned property or not and that the said Court in exercise of its exclusive jurisdiction and in consideration of the materials on record gave their decision that the property in question had wrongly been enlisted as an abandoned ......he petitioner. Thus the impugned judgment and order warrant no interference. The petition is ,therefore, dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 56 ..Category: Property Law | Date: | Hits: 58
Yusuf A Hassan Vs. KM Rezaul Firdous, 1996, 25 CLC (AD)
....of the learned Sessions Judge are set aside and the order of the Chief Metropolitan Magistrate dated 10.5.94 is affirmed. Ed. This case is also reported in: 48 DLR (AD) (1996) 53 ......epartments then the, matter should be departmentally enquired into. The allegation of defamation is not acceptable. 4. On perusal of the report of the judicial enquiry and on perusal of the records of the case the Chief Metropolitan Magistrate by an order dated 10.5.94 dismissed the petit...... appellant which was registered as Criminal Petition No. 877 of 1994. He stated therein that he was an Assistant General Manager of Bangladesh Shilpa Rin Sangstha. He took voluntary retirement from service. He is now the Proprietor of a Private Firm. The appellant who is now the General Manager o..Category: Criminal Law | Date: | Hits: 60
Khalequzzaman (Md) Vs. Md. Illias and others , 1996, 25 CLC (AD)
....le of adjudication ‘hear the order side’. The appeal is allowed and the impugned order, transfer is set aside. Ed. This case is also reported in: 48 DLR (AD) (1996) 52 ......le of adjudication ‘hear the order side’. The appeal is allowed and the impugned order, transfer is set aside. Ed. This case is also reported in: 48 DLR (AD) (1996) 52 ......le of adjudication ‘hear the order side’. The appeal is allowed and the impugned order, transfer is set aside. Ed. This case is also reported in: 48 DLR (AD) (1996) 52 ..Category: Criminal Law | Date: | Hits: 63
W B Industrial Corporation Ltd. and others Vs. Deen Mohammad Rana and another, 1996, 25 CLC (AD)
.... 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 ......ma facie proved then the question of taking evidence in the matter will be required. We have considered the plaint of the suit ………….We have considered the materials on record and found that prima facie the plaint does not disclose any element of malafide. Rather the...... 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)
....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 ......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 ....... Judgment: 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 t..Category: Employment/Service Law | Date: | Hits: 150
Golam Murtaza Bhuiyan and Others Vs. Government of Bangladesh and Others, 1996, 25 CLC (AD)
....e informed of the working of the Ministry/Division and shall work under his supervision. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 47 ......e informed of the working of the Ministry/Division and shall work under his supervision. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 47 ......e informed of the working of the Ministry/Division and shall work under his supervision. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 47 ..Category: Property Law | Date: | Hits: 71
Moudud Ahmed Vs. State, 1996, 25 CLC (AD)
....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 ......ecial Judge Dhaka framed charge against the petitioner and his co-accused on 17.3.92. 4. The first point urged by Mr. Rafiq-ul-Huq, learned Counsel for the petitioner, is that on admitted facts on record no criminal offence-has been disclosed and therefore the continuation of the proceeding will ......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
Government of Bangladesh Vs. Hasan Movies Ltd. and others, 1995, 24 CLC (AD)
....allowed without any order as to costs. The judgment of the High Court Division stands modified only to the extent as mentioned above. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 40. ......allowed without any order as to costs. The judgment of the High Court Division stands modified only to the extent as mentioned above. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 40. ......he term has been defined as hereunder: “Travelling allowance means an allowance granted to a Government servant to cover the expenses which he incurs in travelling in the interest of the public service. It includes allowance granted for the maintenance of conveyances, horses and tents.” ..Category: Labour and Industrial Law | Date: | Hits: 130
Principal, Chittagong Medical College and others Vs. Shahrayar Murshed and others, 1995, 24 CLC (AD)
....and was elected General Secretary of the same Medical College Students’ Union. The academic and other background of all the respondents, as it appears from their respective writ-petitions, are very good and devoid of any blemish. 3. All those students were expelled forever from the Chittagong ......sided over by the lady Principal herself. The Committee considered all the complaints that were received since the occurrence had taken place. The complainants were sent for and their statements were recorded. It was noted that the persons who were alleged to be responsible for the incident were ask......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)
....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 ......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 ......other defences. 5. The High Court Division in discharging the Rule Nisi held that clause (3) of the licence confers upon BTL the exclusive right of operation of all the stipulated telephone services for a period of 5 years from the date of signing of the agreement, i.e. from the 26th Jul..Category: Information Technology Law | Date: | Hits: 251
Bangladesh Telecom (Pvt.) Ltd. Vs. Bangladesh T & T Board & others, 1993, 21 CLC (AD)
....nfortunate that a statutory body would act on impressions. The proceedings of the meeting of BOI held on 31.5.90 in which the Chairman of BTTB was present was forwarded to him on 12.6.90 and that was good enough notice under section 11(6) of Act XVII of 1989 to implement the project in terms of the ...... The show cause notice was in respect of cellular radio telephone system, but the agreement, in effect the licence, was cancelled in respect of all the 4 systems. BTTB has no grievance against BTL on record in respect of the other three systems and it does not contend that only the cellular radio te......sations, consents and permissions to provide, operate and maintain the aforesaid communication systems in the private sector for 20 years with effect from 26.7.89 with exclusive right of operation of services of the aforesaid systems for a period of 5 years from the said date. It was alleged in the ..Category: Information Technology Law | Date: | Hits: 242
Attar Mia and another Vs. Mahmuda Khatun Chowdhury, 1996, 25 CLC (AD)
....ch gave rise to the pre-emptive claim. Mahmood J. in Durga Prasad vs. Munsi (1884) Allahabad (Vol. 6) 423 observed that the doctrine has its origin in the general principle of justice, equity and good conscience and the reason of the rule is that the very nature of the pre-emptive right means t......ion and appears to have been executed with some cunning motive.” Mr. Khan submits that the defendants should not be allowed to take advantage of their own machination. There is no material on record to show that Kabala Ext. A (for the structures) was executed to defeat future pre-emption as......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
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