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New Ideal Engineering Works Ltd Vs. Bangladesh Shilpa Bank and others, 1993, 22 CLC (AD)

....ustry in the premises, let out by the petitioner. It is not the petitioner's case that it was also an intending tenderer nor there is anything to show that there were other prospective tenderers with higher offers. It appears that tender was called earlier also and respondent No. 8 alone made an off......t Division which amounts to withholding of material facts and is a further instance of unclean conduct. The petition is dismissed. Ed. This Case is also Reported in: 45 DLR (AD) (1993) 138. ..

Category: Banking Law | Date: | Hits: 142

Altaf Hussain Vs. Abul Kashem and others, 1993, 22 CLC (AD)

....A defeated candidate, who opposed the writ petition tried to make out a case that there was violent disturbance during the poll and in spite of it the polling officer did not report the matter to the higher authorities. But the High Court Division found no basis for such allegation as to disturbance......n the appropriate form and forwarded the same in sealed bags to the Returning Officer. Duty of the Returning Officer, unless he got report or information as to disruption of the election or large scale rigging in any centre, is just to consolidate the results received from the Presiding Office..

Category: Election Law | Date: | Hits: 117

AFM Naziruddin Vs. Mrs. Hameeda Banu, 1993, 22 CLC (AD)

....aches the end of the long tunnel of litigation in this Court, the general trend among the litigants being not to accept a judgment of the trial Court without testing it on appeal or in revision in higher courts. 37. Considering the vagaries of legal proceedings and the technicalitie......he suit building where he is now residing during his life Lime. With the above direction we dismiss the appeal. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 38 ..

Category: Property Law | Date: | Hits: 80

Jobeda Khatun Vs. Momtaz Begum and others, 1993, 22 CLC (AD)

....dant -respondents filed their written statement on 9.4.81 and on 4.9.81 the order of ad‑interim injunction was made absolute by the trial Court against which the respondents did not move any higher forum. Three years thereafter, on 7.7.84, when the Title Suit was ready for peremptory heari......osecute the proceeding under section 145 Cr.P.C. The appeal is, therefore, allowed without any order as to costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 31 ..

Category: Property Law | Date: | Hits: 81

Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)

....d upon any evidence produced to the Secretary of State establishing the fact of citizenship, that evidence, if of a character admissible in a court of justice, ought to be produced upon the trial, as higher and better evidence of the fact …….(p. 279). 149. Ballentine's Law Dictionary, 3rd Ed......2B of the Order and the learned Attorney‑General having accepted the position, I refrain from saying anything on this score. Ed. This case is also Reported in: 46 DLR (AD) (1994) 192. ..

Category: Immigration and Citizenship Law | Date: | Hits: 522

Nurul Islam and another Vs. The Secretary, Ministry of Law and Justice & others, 1994, 23 CLC (AD)

....nation has been successfully made out to call for our interference in the matter. 12. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 188 ...... Assistants in the Sub‑Registry Offices and 49 posts of Assistants in the District Registry Offices which are being filled up on promotion from amongst the TC Muharrars respectively. The pay scale of the Muharrars and TC Muharrars are the same and as such the petitioners are not affected b..

Category: Employment/Service Law | Date: | Hits: 66

Sultana Jute Mills Ltd. and others Vs. Agrani Bank and others, 1994, 23 CLC (AD)

....e way to the jurisdictional provisions of the Adalat Act. The procedure, by itself, will not confer jurisdiction upon the Artha Rin Adalat. The procedural right of a set‑off or counter-claim is not higher than the Court's jurisdiction itself…………………………..(15) A defendant canno......ritten statement is struck off and the counter-claim is rejected as being not maintainable under the Adalat Act. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 174; 1994 BLD (AD) 196. ..

Category: Banking Law | Date: | Hits: 168

AKM Nurul Alam Vs. Bangladesh, 1993, 22 CLC (AD)

....bunal after expiry of six months from the decision made in review. When the President passes the order of dismissal he, being the highest constitutional functionary, cannot be termed or deemed as the higher authority when he review his own order. The second proviso indicates that a Government Servan......he Act itself it is to be strictly followed. With the above observations. I agree with the ultimate order of my learned brother. Ed. This case is also reported in: 46 DLR (AD) (1994) 113. ..

Category: Administrative Law | Date: | Hits: 129

Sonali Bank Vs. Ruhul Amin Khan, 1993, 22 CLC (AD)

....erson in the service of the Republic (or of any statutory public authority): Provided 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 ......f the respondent from service from the date of the order of dismissal. CA No. 51 of 1992 is dismissed. No cost in either case. Ed. This case is also reported in: 46 DLR (AD) (1994) 85. ..

Category: Administrative Law | Date: | Hits: 143

Sher Ali (Md) and other Vs. State, 1994, 23 CLC (AD)

....g effect for the simple reason that there must be a finality to litigation at some point and that there must be judicial discipline, the lower judicial hierarchy being bound by the decision of the higher judicial hierarchy. To allow or even to tolerate a breach of this time‑honoured and co......llate Division must be obeyed without any criticism and comments as has been done in the present case. Ed. This case is also reported in: 46 DLR (AD) (1994) 67 ..

Category: Criminal Law | Date: | Hits: 98

Bangladesh Parjatan Corporation Vs. Mofizur Rahman and another, 1993, 22 CLC (AD)

....nd the service of the respondent vested in the Corporation under said Order. The respondent was promoted to the post of Manager in the Corporation with effect from 8.12.1973 and sent to Australia for higher training in tourism and then to Japan and he successfully completed both the courses. While s...... 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. ..

Category: Employment/Service Law | Date: | Hits: 126

Bangladesh Shilpa Rin Sangstha Vs. Haque Brothers (Carbide) Ltd., 1994, 23 CLC (AD)

....till final payment of the entire dues, also for directing the respondents to pay the said amount with aforesaid interest, liquidated damages and other charges and further for directing them to pay higher amount "if the exchanged (sic) during the pendency of this application", i.e., if ......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

Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)

.... into 10 classes to be awarded compensation for acquisition of their estates by the Government and the yearly income from their estates was taken as a basis for determining the rate of compensation; 'higher the income lower the rate of compensation' was the principle for this classification of rentâ......egulations 39 and 40 of 1937 re-stated this nature of ad‑hoc appointment and emphasised that ad‑hoc appointment should always be made on a "fixed pay" and "care should be taken not to mention the scale of pay in the appointment letter". This position was further explained in three subsequent SGA..

Category: Employment/Service Law | Date: | Hits: 97

Bangladesh Bank and others Vs. Mohammad Abdul Mannan, 1994, 23 CLC (AD)

.... grades and scales of pay in the service of the Republic, that is, government service, and in the case of banks and companies, prior to their nationalisation, salaries of their employees were much higher than those of the government servants in many cases. Re-organisation of services of the Gove......ditions) Act, as its preamble shows, was enacted to provide for reorganisation of the services of the Republic, public bodies and nationalised enterprises and to prescribe "uniform grades and scales of pay" and other terms and conditions of service of their employees. Prior to Act No. ..

Category: Administrative Law | Date: | Hits: 149

Anwar Hossain Vs. Mainul Hosein & others, 2006, 35 CLC (AD)

....int involved in the present Rule has already been decided against the petitioners by the judgment passed in Writ Petition No. 1481 of 1994 and the petitioners did not challenge the same before the higher forum. He next submits that sub-Article (3) of Article 147 of the Constitution has created a...... 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. ..

Category: Civil Law | Date: | Hits: 103

Bangladesh Agricultural Development Corporation (BADC) Vs. AKM Abdus Salam & ors, 2006, 35 CLC (AD)

....nnexure-B and B1 to the writ-petition). In due course, the authorities prepared a gradation list of the Executive Engineers and Assistant Chief Engineers, in the year 2000 for promotion to the next higher post of Superintending Engineer and the petitioner's position, according to the said gradat......se. We are fully in agreement with the above finding of the High Court Division. In such view of the matter, this petition merits no consideration. Accordingly, it is dismissed. Ed. ..

Category: Employment/Service Law | Date: | Hits: 66

Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)

....er the "transferred subjects" including development, family planning, agriculture, fishery, livestock, etc. Until a Chairman was elected an Executive Officer of the Government, Thana Nirbahi Officer, higher in rank and position than other officers at the thana level, would perform the functions of t......f we trace back the historical background of the local Government institutions in the Sub‑continent during the British regime, then we find that such political activity units were set up on smaller scale called in villages and towns. The Bengal Local called Government Act of 1885 (Bengal Act III o..

Category: Constitutional Law | Date: | Hits: 655

Mohammad Eunus and Brothers (Pvt) Ltd. Vs. Registrar, University of Chittagong ,1992, 21 CLC (AD)

....nt M/s. Eunus & Brothers (Pvt) Ltd. and 5 other firms submitted tenders for the work. The appellant's tender was for the lowest sum of Tk. 98, 66,100.00. The others like the appellant quoted sums higher than the estimated cost. The University authority requested the appellant to reduce his rate ...... considered. But in the present case interest was set aside by my learned brother by giving good reasons on the fact of this case. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 296. ..

Category: Alternative Dispute Resolution | Date: | Hits: 202

Bashir Ahmed Vs. Bangladesh Jute Mills Corporation and others, 1992, 21 CLC (AD

....gation against the appellant was that at his connivance loss of Taka, 2.81 lakh was caused to the Jute Mills by purchase of jute of inferior quality from Jhikargacha by showing the said jute as of higher quality purchased from Kanaipur. The People's Jute Mills, 'of which the appellant was Manage......the appellant reasonable opportunity to defend himself. There is no scope whatever for court's interference with the authority's finding. The appeal is therefore dismissed. No cost. Ed. ..

Category: Employment/Service Law | Date: | Hits: 67

Managing Director, Rupali Bank Limited and others Vs. Tafazal Hossain and others, 1992, 21 CLC (AD)

....r decision of the authority complained against. Sub‑section (2) of section 4 of course provides that in case the order or decision complained of may be varied, reversed or modified by a "higher administrative authority" under any law in force, then the period of six months' limit......matter the decree passed in the suit is void. The result, therefore, is that this appeal is allowed, the impugned decree is set aside and the suit is dismissed. No order as to cost. Ed. ..

Category: Administrative Law | Date: | Hits: 130