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Raziul Hasan Vs. Badiuzzaman Khan and others, 1996, 25 CLC (AD)
....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. ......ct from 18-4-81 or in the alternative from 29-6-81 and also for a declaration that the placement of the appellant and respondent No. 7 above him in the seniority list are illegal and void. 3. The case of respondent No. 1, inter alia, is that he joined the then Pakistan Secretarial Service on 24-......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
Moti Mia Vs. Ayesha Khatun and another, 1996, 25 CLC (AD)
....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 ......illegal and inoperative and, as such, defendant No.1 has not acquired any right, title and interest in the suit land and that the plaintiff is the owner and possessor of the Suit lands. The plaint case is that defendant No.1 fell down from a wood- apple tree and by taking advantage of that she f...... by the plaintiff and registered on 12.4.76 and 6.10.76 in favour defendant No.1 are illegal and inoperative and, as such, defendant No.1 has not acquired any right, title and interest in the suit land and that the plaintiff is the owner and possessor of the Suit lands. The plaint case is that d..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. ......ion 19 of the Act. Thus the argument of Dr. Rahman that section 25 stands as a bar to a civil suit against an order of termination simpliciter is not acceptable, in the facts and circumstances of the case. 8. Dr. Rahman’s next contention is that the plaintiff’s suit was also not maintainable ......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. ..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 ......t the house released from the list of abandoned property and the same was registered as Case No.7 of 1992. Ultimately the First Court of Settlement by judgment and order dated 1.1.94 dismissed the case disbelieving Nasima Khatun to be the daughter of Mobina Khatun and disbelieving the house to b......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 ...... Election Appellate Tribunal and District Judge Chandpur in Election Tribunal Appeal No.6 of 1993 reversing the judgment and order of the Election Tribunal and Assistant Judge in Election Tribunal case No. 1 of 1993. 2. The petitioner filed the Election Tribunal Case No.8 of 1992 before t......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)
....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. ......and the petitioner will be free to agitate all the submissions 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 ...... Dhaka) whereby the said Court declared the house in question as not an abandoned property and directed restoration of possession thereof to the petitioner. The petitioner filed the above mentioned case under section 7 of Ordinance No. 54 of 1985 for exclusion of the disputed house from the &ldq......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 ...... 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 petition of complai......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 ..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 ......e High Court Division in Criminal Misc. Case No. 438 of 1994). Judgment: M H Rahman J: On an information lodged by the appellant on 17 November, 1992 a case was started and the Police submitted charge sheet against the respondent on a December 1993 un......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 ...... Ltd. at Kalurghat, Chittagong by the Bangladesh Shilpa Bank respondent No. 2 to Mr. Deen Mohammad Rana Respondent No. 1 is illegal, malafide and without jurisdiction and void. 2. The plaint case is, that plaintiff No. 1 took loan from the Bangladesh Shilpa Bank for a sum of Taka 1,22,58,7...... 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 ......er, by its letter dated 15 November. 1986 informed the appellant that since he opted for pension after his retirement his application was rejected. 6. Being aggrieved, the appellant filed a case, Appellate Tribunal Case No. 66 of 1990, before the Administrative Tribunal. After finding tha......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
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 ......try of Local Government, Rural Development and Co-operatives with regard to selection of a site for a permanent building of the Union Parishad-cum-Community Centre. 2. The petitioners’ case is that the office of the local Union body has been functioning for last fifty years from a ce......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 ......e above persons obtained illegal pecuniary benefit for the said hotel and kept the plot under the possession of the hotel. 3. The said Mr. Md. Ataur Rahman himself took up the investigation of the case and after completion of investigation submitted charge-sheet against the petitioner and other c......l Bashar, the then Chairman of former DIT (since deceased) in collusion with each other and in violation of the existing Rules of the then DIT allotted 11 bigha , 11 katha, 1 chatak and 34 sq. ft. of land of plot No. 1 of Shahbag Commercial Area situated on the north of the PG Hospital and on the we..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. ......FR 9 (32). Thus the quantum of “travelling allowance” varies upon the circumstances of each journey to be undertaken by a particular employee in the discharge of his duties. 6. In the instant case the Board had recommended a fixed amount of Taka 40.00 per month as “যাতায়াত ......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. ..Category: Labour and Industrial Law | Date: | Hits: 130
Principal, Chittagong Medical College and others Vs. Shahrayar Murshed and others, 1995, 24 CLC (AD)
....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. ......neral appearing for the appellants, submitted that he does not for a moment dispute the correctness of the principles of natural justice as were found to be applicable by the High Court Division in a case, as in the present, involving any action by the authority of an educational institution against......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 ......The Rule Nisi was discharged by a Division Bench of the High Court Division by judgment and order dated 8.5.95 from which the petitioner now seeks leave to appeal. 2. The short facts of the case are, that respondent No. 1, Bangladesh Telegraph and Telephone Board, shortly BTTB, entered in......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)
....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......that the writ petition was not maintainable as the contract was commercial in nature and its allegedly illegal cancellation can be agitated by arbitration of in a suit for damages. It was the further case of BTTB that Mr. AKM Moinul Haque who had sworn the affidavit in the writ petition was not a di......e joint venture agreement was signed between Mr Sahjad Ali, the then Chairman of BTL, BTL itself and Hutchison Telecommunications (Bangladesh) Ltd. (which we are told was incorporated in the Virgin Islands), a subsidiary of HTL, agreeing thereby that for the business of cellular radio telephones a j..Category: Information Technology Law | Date: | Hits: 242
Attar Mia and another Vs. Mahmuda Khatun Chowdhury, 1996, 25 CLC (AD)
....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 ......rent decree of the Courts below on the finding that the plaintiffs claim for pre-emption for the suit land only and to the exclusion of the structures thereon, in the facts and circumstance of the case, was barred under the principles of Mohammedan Law which prohibits granting of partial pre-emp......h Court Division was justified in dismissing the suit in revision upon setting aside the concurrent decree of the Courts below on the finding that the plaintiffs claim for pre-emption for the suit land only and to the exclusion of the structures thereon, in the facts and circumstance of the case..Category: Property Law | Date: | Hits: 84
Kamiruddin and others Vs. Md. Mokshed Ali Biswas and others, 1996, 25 CLC (AD)
.... 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 ......e High Court Division and obtained a Rule on 10.2.1992 in Civil Revision No. 366 of 1992 with an ad-interim order of stay of operation of the judgment. 4. During the pendency of the revision case the respondents filed an application praying for appointment of a receiver for the suit land s......he allegations, inter alia, that the respondents instituted Title Suit No. 82 of 1956 in the Second Court of Munsif at Jhenidah for declaration of title and recovery of khas possession of the suit land measuring 16 acres from the appellants but the plaint of that suit having been returned they f..Category: Property Law | Date: | Hits: 61
Hasina Khatoon and others Vs. Bangladesh and others, 1996, 25 CLC (AD)
....t follows that the Court of Settlement must now dispose of this matter according to law. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 13 ......etitioners filed Case No. 377 of 1987 under section 7 of the Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 (No. LIV of 1985). 4. The Court of Settlement dismissed the case by its judgment dated 12th August, 1987 after holding that the building in question was an aba......1966 and also the judgment and order dated 12th August, 1987 of the Court of Settlement in Case No. 377 of 1987. 2. The petitioner’s father Md. Abdul Kader built the house on the land taken from the Government as a lessee for ninety-nine years. He died on 25th March, 1971. Afte..Category: Property Law | Date: | Hits: 53
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