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Bangladesh Parjatan Corporation Vs. Shahid Hossain Bhuiyan (Md) & others, 1990, 19 CLC (AD)

....rvant. For their dismissal, removal, termination, discharge or for any other punishment the Corporation is required to follow the procedures prescribed in the Rules. These Rules have been made by the Government in exercise of the powers conferred by Article 21 of P.O. 143 of 1972. Chapter 11 of the ...... In the result, all the appeals are allowed without, however, any cost, and the impugned order of the High Court Division is set aside. Ed. This Case is also Reported in: 43 DLR (AD) 154. ...... In the result, all the appeals are allowed without, however, any cost, and the impugned order of the High Court Division is set aside. Ed. This Case is also Reported in: 43 DLR (AD) 154. ..

Category: Employment/Service Law | Date: 8 Aug, 1990 | Hits: 101

Official Liquidator, East Bengal Commercial Bank Ltd. Vs. Mrs. Jahura Khatun & others, 1990, 19 CLC (HCD)

....in liquidation)" a banking company was incorporated in the year 1921 under the Indian Companies Act, 1913. The said Bank with all its branches suspended, its functions in August, 1948 and in 1949 the Government advised the District Magistrate, Mymensingh, to lock and seal the head office and branche......suit is dismissed on contest against the defendant No. 2 and 3 and ex parte against the rest. But there shall not be any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 558. ......suit is dismissed on contest against the defendant No. 2 and 3 and ex parte against the rest. But there shall not be any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 558. ..

Category: Banking Law | Date: 23 Jul, 1990 | Hits: 158

Abdur Rahman Mondal and others Vs. State, 1990, 19 CLC (AD)

....plot No. 702 of Rajarbag mouza appertaining to holding No. 99/C, Purba Bashabo Dhaka has been in the possession of the informant PW 1 Major AKM Nurul Alam who obtained lease of the said land from the Government in 1978 and has been possessing the same for 17 years on erecting a tin hut thereon. On 9......ellate Court for re‑hearing and disposal on the basis of the existing evidence on record in accordance with law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 17.   ......ellate Court for re‑hearing and disposal on the basis of the existing evidence on record in accordance with law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 17.   ..

Category: Criminal Law | Date: 23 Jul, 1990 | Hits: 52

Ishaque (Md) and others Vs. Government of Bangladesh, 1990, 19 CLC (AD)

....esent: Shahabuddin Rahman J ATM Afzal J Mustafa Karnal J Latifur Rahman J Ishaque (Md.) and others ………..................Appellants Vs. The Government of Bangladesh………Respondent (In Civil Appeal No.13 of 1990) Md. ...... this Court after adjudication by the Courts below. With these words I concur with the decision given by my learned brother. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 28. ...... this Court after adjudication by the Courts below. With these words I concur with the decision given by my learned brother. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 28. ..

Category: Limitation Law | Date: 25 Jun, 1990 | Hits: 176

AKM Hedayetul Islam Vs. Executive Vice Chairman, Bangladesh Agricultural Re­search Council and another, 1990, 19 CLC (HCD)

.... in person and enquiry proceeding should not be conducted ex parte. Principle of natural justice should prevail. .................................... (3) The petitioner was an employee under the Government of Bangladesh and on deputation in the Bangladesh Agricultural Research Council, the Exec......reby set aside and those of the learned Munsif are restored although not on the same grounds. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 44. ......reby set aside and those of the learned Munsif are restored although not on the same grounds. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 44. ..

Category: Employment/Service Law | Date: 20 Jun, 1990 | Hits: 74

Dr. Naimur Rahman and another Vs. Shahbazpur Tea Co. Ltd and another, 1991, 20 CLC (AD)

.... the applications for winding up were filed by the appellants with a malafide motive to prevent the companies from acquiring back the shares of Pubali Jute Mills Ltd., pursuant to the decision of the Government to de‑nationalise the said Mill published in the Bangladesh Gazette on 27.9.82 which th......erve any useful purpose. 12. In the result, these appeals are dismissed with the observation made above. In the facts and circumstances of the case there will be no order as to costs. Ed. ......erve any useful purpose. 12. In the result, these appeals are dismissed with the observation made above. In the facts and circumstances of the case there will be no order as to costs. Ed. ..

Category: Business or Commercial Law | Date: 19 Jun, 1990 | Hits: 124

Shahabullah (Md) Vs. The State, 1990, 19 CLC (AD)

....o interfere in the matter. The appeal is dismissed. Let the appellant surrender to his bail bond and serve out his sentence. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 1. ......o interfere in the matter. The appeal is dismissed. Let the appellant surrender to his bail bond and serve out his sentence. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 1. ......o interfere in the matter. The appeal is dismissed. Let the appellant surrender to his bail bond and serve out his sentence. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 1. ..

Category: Anti-Corruption Laws | Date: 13 Jun, 1990 | Hits: 119

Atiqur Rahman Vs. AKM Fazlul Hoque, 1990, 19 CLC (HCD)

....us the accused‑petitioner committed an offence under section 156(1)14 of the Customs Act, 1969, for violation of sections 16 & 3 of that Act and that the accused petitioner thereby deprived the Government of huge revenue to the tune of Taka 1,13,320,48 paisa by making false declaration about t......ni. In the result, the Rule is discharged and stay granted by this Court earlier is vacated. Sent down the records at once. Ed. This Case is also Reported in: 43 DLR (1991) 49. ......ni. In the result, the Rule is discharged and stay granted by this Court earlier is vacated. Sent down the records at once. Ed. This Case is also Reported in: 43 DLR (1991) 49. ..

Category: Fiscal/Taxation Law | Date: 11 Jun, 1990 | Hits: 80

Abdur Rouf Mia Vs. Ministry of Local Government, Rural Develop­ment and Co‑operatives and others, 1990, 19 CLC (HCD)

....l Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Kazi Ebadul Hoque J Abdur Rouf Mia................................Petitioner Vs. The Ministry of Local Government, Rural Develop­ment and Co‑operatives and others .................Respondents ......poll. In the result, the Rule is discharged and the order of stay granted on 6.5.90 is vacated. There will be no order for costs. Ed. This Case is also Reported in: 43 DLR (1991) 29. ......poll. In the result, the Rule is discharged and the order of stay granted on 6.5.90 is vacated. There will be no order for costs. Ed. This Case is also Reported in: 43 DLR (1991) 29. ..

Category: Election Law | Date: 24 May, 1990 | Hits: 101

Aga Kohinoor Alam Vs. State and another, 1990, 19 CLC (HCD)

....der sections 419/467/471/409 of the Penal Code read with section 5(2) of Act II of 1947. 2. The petitioner represented that a plot of land was held by one Mr. SM Ahsan, a permanent lessee of the Government and from him the petitioner purchased the plot and after obtaining permission and loan fr...... said to be without any basis nor the said proceeding can be held to be liable to be quashed. The Rule is accordingly discharged. Ed. This Case is also Reported in: 43 DLR (1991) 95. ...... said to be without any basis nor the said proceeding can be held to be liable to be quashed. The Rule is accordingly discharged. Ed. This Case is also Reported in: 43 DLR (1991) 95. ..

Category: Criminal Law | Date: 13 May, 1990 | Hits: 73

Kanak Mala Vs. Md. Safiuddin & others, 1990, 19 CLC (HCD)

....ly set aside and the suit is dismissed. In the result, the Rule is made absolute as indicated above without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 38. ......oner named Afazuddin for eviction from the suit premises contending, inter alia, that defendant is an ordinary ejectable monthly tenant under the plaintiff in respect of the suit holding at a monthly rental of Tk.625/. A deed of monthly tenancy was executed between plaintiff and defendant for a peri......ly set aside and the suit is dismissed. In the result, the Rule is made absolute as indicated above without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 38. ..

Category: Property Law | Date: 5 Apr, 1990 | Hits: 74

MA Razzaque Vs. Bangladesh Election Commission, 1990, 19 CLC (HCD)

....o a contract for work to be done for, or goods to be supplied to the Parishad concerned or has otherwise any pecuniary interest in its affair, or is a dealer in essential commodities appointed by the Government. Case Referred to- Burnsk Ransley, 1949 AIR 817. Lawyers Involved: S......the office of the Chairman of Dewanganj Upazila Parishad. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 16. ......the office of the Chairman of Dewanganj Upazila Parishad. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 16. ..

Category: Election Law | Date: 5 Apr, 1990 | Hits: 110

Sonali Bank Vs. M/s Begg & Beg Jute Incorporated Limited & others, 1990, 19 CLC (HCD)

.... discretion in refusing the in­terest to the plaintiff. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 27. ...... discretion in refusing the in­terest to the plaintiff. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 27. ......‑ with a blocked loan amounting to Tk.7.36,000/‑. The defence side duly executed docu­ments to secure the loan. The defence side did not pay as promised in satisfaction of the plaintiff's dues. There was dues and owning a sum of T'k. 11,05,485/39 paisa in the said account as on 20.1...

Category: Civil Law | Date: 1 Apr, 1990 | Hits: 79

Sheikh Salimuddin Vs. Ataur Rahman and others, 1990, 19 CLC (HCD)

....d against the judgment-debtor i.e. the present plaintiff. The plaintiff, of course filed a suit bearing TS. No.607 of 1974 against the said ex parte decree which was still pending. He stated that the Government trans­ferred the entire suit land to him executing and regis­tering a deed Ext.D ......e are set aside and the suit is accordingly dismissed. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 18. ......e are set aside and the suit is accordingly dismissed. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 18. ..

Category: Property Law | Date: 15 Mar, 1990 | Hits: 66

Abdur Rabban (Md) Vs. Aminul Hoque Sowdagar and another, 1990, 19 CLC (AD)

.... For the reasons stated above we do not find any merit in the appeal. The appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 19. ...... For the reasons stated above we do not find any merit in the appeal. The appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 19. ......No. I dated 12.1.66 in the suit itself wherein he stated that Gul Mohammad obtained the suit properties on mortgage from Subhashini, and that defendant No. 1 attorned to Subhashini after the mortgage dues of Gul Mohammad were satisfied. A deposition by defendant No. 1 in an mother case (Miscellaneou..

Category: Tenancy Law | Date: 15 Mar, 1990 | Hits: 123

Ataur Rahman & others Vs. State, 1990, 19 CLC (HCD)

....the parties and that has been borne out by evidence on record. It is true that both the parties were involved in civil and criminal litigation in the matter of taking settlement of char land from the Government but the eye‑witnesses who deposed in this case could not be shown to be inimically depo......ected to surrender to his bail bond and to serve out the sentence. Appeal No.10 of 1985 is dismissed and order of acquittal is upheld. Ed. This Case is also Reported in: 43 DLR (1991) 87. ......ected to surrender to his bail bond and to serve out the sentence. Appeal No.10 of 1985 is dismissed and order of acquittal is upheld. Ed. This Case is also Reported in: 43 DLR (1991) 87. ..

Category: Criminal Law | Date: 14 Mar, 1990 | Hits: 65

Abdul Momen Bhuiyan Vs. Haji Payez Ali Mia and others, 1990, 19 CLC (HCD)

....ellip;.Petitioner Vs. Haji Payez Ali Mia and others.......................Opposite Parties Judgment March 5, 1990. Result: The petition is summarily rejected. Local Government (Upazila Parishad and Upazila Administration Re-organisation) Ordinance, 1982; Sect......us, for the reasons stated above, we do not find any substance in this petition. Accordingly, the petition is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 97. ......hich ultimately reached to an amount of Tk. 11,16,445/‑. The Bank instituted a civil suit being Money Suit No. 3 of 1987 in the Court of the Subordinate Judge, Narsingdi for realisation of the Bank dues against the petitioner. 6. The petitioner on 14.2.1990 deposited the amount of Tk. 2,00,00..

Category: Election Law | Date: 5 Mar, 1990 | Hits: 136

Anisuzzaman Vs. State, 1990, 19 CLC (HCD)

....t Case No.12 of 1982. 2. The prosecution case in short is, that the informant Abdur Rahman lodged an FIR on April 30, 1981 with the Jamalpur Police Station to the effect that on receipt from the Government 5 electric power pumps for Banarar Khal Project they were irrigating the land of Mouza Ha......roject authority. In the result, I allow the appeal with the aforesaid observation. The appellant is released from his bail bond. Ed. This Case is also Reported in: 43 DLR (1991) 35. ......roject authority. In the result, I allow the appeal with the aforesaid observation. The appellant is released from his bail bond. Ed. This Case is also Reported in: 43 DLR (1991) 35. ..

Category: Criminal Law | Date: 4 Feb, 1990 | Hits: 86

Momin Miah & another Vs. Moinuddin Hossain & another, 1989, 18 CLC (AD)

....ty in dispute, that is, item No.1 of Sched­ule 'B' of the Compromise petition (as in T.S. No.319 of 1986). No order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 175 ......ty in dispute, that is, item No.1 of Sched­ule 'B' of the Compromise petition (as in T.S. No.319 of 1986). No order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 175 ......re not disputed. In the Agreement for sale of the suit land, the bank was not directly a party, but it is the bank by whose ad­vice and at whose instance the Agreement was made in order to clear its dues of Tk 7.00 lakh. It was so arranged that in case the sale proceeds fell short of the dues it wo..

Category: Contract Law | Date: 4 Dec, 1989 | Hits: 222

Monindra Kumar Malaker Vs. State, 1989, 18 CLC (HCD)

....n 2/3 occasions. He denied the suggestion that his sister Uma Rani embraced Islam and that Uma Rani requested her father to embrace Islam. 11. P.W.3 Majibur Rahman was the Head Master of Kaliakoir Government Primary School. He stated that on 15.2.86 he was acting as Head Master of the aforesaid P......ce by us. In the result, this appeal is dismissed and the judgment of acquittal passed by the Special Tribunal is hereby affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 349. ......ce by us. In the result, this appeal is dismissed and the judgment of acquittal passed by the Special Tribunal is hereby affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 349. ..

Category: Women and Children | Date: 16 Aug, 1989 | Hits: 153