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Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)
....Bank following repatriation from Pakistan. Defendant No. 2 offered to return the earnest money of Tk. 10,000/-. The appellant alleged that defendant No. 2 has since tried to sell the suit land at a higher price by engaging brokers and by contacting interested purchasers willing to pay a higher pri...... order as to costs. Order of the Court. By the majority decision, the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ..Category: Property Law | Date: | Hits: 50
Mahmudul Alam Mantu Vs. Sanwar Hossain Talukder & ors., 1990, 19 CLC (AD)
....here Cornelius, C.J. observed thus; It must be remembered that a requirement of finality of determination contained in the constitution is to be placed on a wholly different and certainly at a much higher level than provisions in sub-constitutional statutes giving finally to the determination of....... The writ petition will be heard as a motion as soon as the business of the Court permits. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 211. ..Category: Election Law | Date: | Hits: 102
Mohammad Ahmed Rashid and others Vs. Mohammad Shafi and others, 2005, 34 CLC (AD)
....greement as laid down in section 3 of the Act. In observing that the provisions of the first Schedule in so far as they were made the terms of the Arbitration agreement did not acquire a status higher than the other terms of the same, the Court observed: "The proposition is......ned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 88; 12 BLC (AD) (2007) 61; 12 MLR (AD) 2007, 162. ..Category: Property Law | Date: | Hits: 41
Rupali Bank Ltd. Vs. M. A. Jalil, 2005, 34 CLC (AD)
....f the above, we do not find any cogent reason to interfere with the impugned judgment and decree of the High Court Division. The petition is, accordingly, dismissed. Ed. .......07.1990, 15.05.1991, 18.08.1991 and 09.05.1992 and made some other correspondences, which were also not responded to; that on promotion to the post of Senior Principal Officer he was placed in the scale of Tk. 1850-2375 on the National Pay Scale with effect from 1987; that he reached the highes..Category: Employment/Service Law | Date: | Hits: 136
Md. Badshah Alam Vs. Md. Shahidul Islam & others, 2006, 35 CLC (AD)
....ion center no objection was raised by the Respondent regarding error in counting ballot papers and on such application was filed either before the Presiding Officer or the Returning Officer or any higher authority. He further submits that a case of recounting is to be established from ...... stay granted earlier shall continue till disposal of the appeal. The petitioner is directed to make the appeal ready within 6 (Six) months date for expeditious disposal. Ed. ..Category: Election Law | Date: | Hits: 111
Moulana Noor Mohammad Vs. Bangladesh Madrasha Education Board, 2006, 35 CLC (AD)
.... with as prayed for. Stay granted earlier be further extended till disposal of the appeal. The Petitioner is directed to make the appeal ready for expeditious hearing. Ed. ...... with as prayed for. Stay granted earlier be further extended till disposal of the appeal. The Petitioner is directed to make the appeal ready for expeditious hearing. Ed. ..Category: Constitutional Law | Date: | Hits: 139
Chairman, Mongla Port Authority Vs. Kazi Brothers and others, 2007, 36 CLC (AD)
....ority, who also assured the respondent No.1 that after getting the approval from the Ministry they will pay the bills for the excess amount to be spent for purchasing the materials from the market at higher rate, the respondent No.1 who in the meantime already invested huge fund in the works went on......rding calculations made by the trial Court in respect of the claims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ..Category: Civil Law | Date: | Hits: 109
Serajul Islam (Md) Vs. The Director General of Food, 1990, 19 CLC (AD)
....rawn up on 6 June, 1987 against the petitioner, was disposed of by the Director of Food, whereas the impugned proceeding dated 30 January 1990 has been drawn up by the Director General, Food who is a higher authority than the Director. The learned counsel contends that even if these questions are de......the High Court Division rightly found a bar to its jurisdiction under Article 102 of the Constitution. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 199. ..Category: Constitutional Law | Date: | Hits: 159
Government of Bangladesh & ors. Vs. Md. Hasan Shahid & ors., 2006, 35 CLC (AD)
....intain status-quo in respect of appointment till disposal of the appeals. The petitioners are directed to make the appeals ready for expeditious hearing within 6 (six) months. Ed. ......ion in disposing of Writ Petition No.6073 of 2005 directing the writ respondent-petitioners to pay the arrear salaries and other benefits of the writ petitioner-respondents in the national pay scale with effect from 17 March 2003. 5. Civil Petitioner for leave to Appeal Nos. 989 and ..Category: Employment/Service Law | Date: | Hits: 56
Abdul Wahed Vs. Arun Kumar Ganguly & others, 1999, 28 CLC (AD)
....d Appeal No. 28 of 1972 the settlement of respondent No.1 cannot be lawfully cancelled by applying the provision of paragraph 8 of the Government memo as the Revenue Authorities are bound by a higher authority than the memo of the Government, namely, the judgment of the High Court Division....... and 22.5.82 are not legal and proper. The learned Single Judge having correctly decided the case the same calls for no interference. Accordingly, the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 35
Nur Hussain and other Vs. Jamuna Bank Ltd and others, 2005, 34 CLC (AD)
....intent for purchase of share in the proposed Banking company, petitioner of the instant case received above mentioned money from the following persons which, however, not the strict figure may be higher than the mentioned below: Petitioner received from the persons am......ll disposal of the appeal in Civil Petition No.20 of 2004. The petitioners are also permitted to add additional ground in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ..Category: Banking Law | Date: | Hits: 185
Government of Bangladesh Vs. Md.Golam Rahaman Mallick, 1994, 23 CLC (AD)
....is mandatory as the first proviso to section 4(2) of the said Act provides that "no application in respect of an order, decision or action which can be set aside, varied or modified by a higher Administrative authority under any law for the time being in force relating to the terms and......trative Tribunal is not maintainable as no review was filed as per Rule 23 of the Rules in this case. Hence, on this ground alone I allow the appeal as the case was not maintainable. Ed. ..Category: Criminal Law | Date: | Hits: 33
Md. Imdad Hossain and others Vs. Bangladesh, 2008, 37 CLC (AD)
....ile promoting them to the post of Accounts Officer/Assistant Director (accounts), that the opposite party No. 3, Member (admin.) T & T Board illegally issued order dated February 3, 1992 giving higher responsibility to the junior officers without considering seniority of the petitioners in th......t no error was committed by the AAT in allowing the appeals and thereby in setting aside the judgment and order of the AT. Accordingly the petitions are dismissed. Ed. ..Category: Administrative Law | Date: | Hits: 125
Rafiqul Alam (Md) Vs. Mustafa Kamal and others, 1990, 19 CLC (AD)
....increase the rate of duty or to penalise" in respect of certain assessment matters. An order of Custom officials under this section was appealable to the Collector of Customs or any other officer higher in rank, and the appellate order was made final, subject to any revision by the Government. I......ide the uncontested election of the appellant declared on 16 January 1988. A fresh poll is to be held for the Union Parishad. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 137...Category: Election Law | Date: | Hits: 173
Kazi Shamsul Huq & others Vs. Robeya Begum & others, 2006, 35 CLC (AD)
....ee of the trial court, and when the appeal is decided, one of the two parties has to inform the Court as to what has happened in the appeal, so that the rights of the parties as determined by the higher court may be enforced. If the effect of the decision of the appeal were to nullify the ex......r in the review application shall apply and the provision of Article 182(5) of the Limitation Act is not applicable. The appeal is accordingly allowed without any order as to costs. Ed. ..Category: Procedural Law | Date: | Hits: 93
Md. Sadequr Rahman Vs. Munawar Jute Mills Ltd. and others, 2006, 35 CLC (AD)
....d legal basis and as such not sustainable in law. The direction for refund is not legally sustainable. 14. The appeal is thus allowed without any order as to cost. Ed. ...... High Court Division did not enter into merit of the matter. 8. Annexure-A shows that the petitioner was appointed by Munawar Jute Mills Ltd. and he was given the selection grade scale of Tk.625-45-1315 by Munawar Jute Mills Ltd. vide Annexure-C. Annexure-J dated 01.01.1992 iss..Category: Employment/Service Law | Date: | Hits: 84
Chair, Board of Int. and Secondary Education, Jessore and others Vs. Nazir Ahmed, 2006, 35 CLC (AD)
....tion the committee while considering the case of promotion of the employees of the said group is quite competent to leave out the case of such category from consideration for promotion to the higher post or may take some other decision as in the instant case that case of promotion of Respon......lity. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 54
Chief Engin, Dredger Direct, BD Water Dev. Board. Vs. Chairman, 2nd Lbour Court, 2006, 35 CLC (AD)
.... got the pay scale of Tk.470-1135. In order to ascertain the above facts an Inquire Committee was formed which detected the wrong doing of the said respondent No. 2 and accordingly the respondents higher pay scale was cancelled and he was given the pay scale of Tk. 325,610 that it was also ......ain J.- In these 2 (two) appeals, the appellants are same the respondents are different but for a common question being involved as to whether the respondent of both the appeal are entitled to get scale of Tk. 470-1135 and as such these two appeals are heard together and are disposed by thi..Category: Employment/Service Law | Date: | Hits: 55
Chair, Board of Int. & Sec. Education, Jessore & ors Vs. Golam Quddus & anr, 2006, 35 CLC (AD)
....g the rules absolute. The judgment therefore does not call for our interference. In view of the discussion made above, the appeals are dismissed without any order of to costs. Ed. ......g the rules absolute. The judgment therefore does not call for our interference. In view of the discussion made above, the appeals are dismissed without any order of to costs. Ed. ..Category: Property Law | Date: | Hits: 32
Government of Bangladesh Vs. Kamrul Hasan, 2006, 35 CLC (AD)
..... The respondent filed appeal as against the order of the AT before the AAT. The AAT allowed the appeal on the finding that the impugned order of cancellation was passed without the approval of the higher authority, that there was no specific date in the appointment letter for joining in the new......into consideration the basic fact that appointment of the respondent was cancelled in public interest. Accordingly the appeal is allowed with cost of Tk.30.000/- (twenty thousand). Ed. ..Category: Administrative Law | Date: | Hits: 123
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