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Bangladesh Vs. Dr. Dhiman Chowdhury and others, 1993, 22 CLC (AD)
....93), the detenu was arrested under section 54 Cr.P.C. and thereafter produced before a Magistrate with a written allegation by the Kotwali Police of espionage against him and stating further that the higher authorities had already directed his detention under the Special Powers Act, 1974, hereafter ...... Accordingly, the appeal is allowed and the impugned judgment of the High Court Division set aside. There will be no order as to cost. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 52 ..Category: Constitutional Law | Date: | Hits: 185
Quazi Din Mohammad Vs. Al_haj Arzan Ali and another, 1995, 24 CLC (AD)
....e house in suit but stands a little inside of Kalabagan; but since price of land, particularly in Dhaka city, was rising steadily ‑since 1973, the price prevailing in 1980 would be certainly higher than that prevailing in 1977. Again, mere inadequacy of price will not bring a case within t......(b) and 28(a) of the Specific Relief Act. In the result, the appeal is dismissed without, however, any costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 48. ..Category: Property Law | Date: | Hits: 69
Collector of Customs, Chittagong and Others Vs. Ahmed Hossain and 39 Others, 1996, 25 CLC (AD)
.... 6. It is found from the impugned judgment that the points raised for con in the writ-petitions were two in number-1) whether the importers were hound to pay the customs duty/sales tax at the rate higher than the rate in force on the date of opening of the letters of credit and 2) whether the wr...... above, we do not find it necessary to grant leave. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 253, 48 DLR (AD) (1996) 199 ..Category: Business or Commercial Law | Date: | Hits: 126
Delwar Hossain Khan (Md) Vs. Dhaka Club Limited and another, 1996, 25 CLC (AD)
....elf which, if remained undisturbed, will cause prejudice to the petitioner at the trial of the suit. 5. It is well-settled that observations and comments made in interlocutory matters by the higher Court are not binding on the trial Court at the trial itself. The trial Court is required no......cept observing any direction that may be contained therein. With the above observations the petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 198 ..Category: Property Law | Date: | Hits: 65
Sec, Internal Resources Div., Min. of Finance & Chair, Vs. Nasrin Banu & 5 ors., 1996, 25 CLC (AD)
....e Tribunal and that its newspaper advertisement is unilateral and void. In internal affairs between different Ministries/Divisions, particularly when a decision on a controversy can be given by the higher authority, it is highly improper that writ jurisdiction wilt be exercised. 8. In the ......Ordinance which is as follows “5. Absorption of surplus public servants.—(1)A surplus public servant shall, as far as practicable, be absorbed in a post carrying the sonic scale of pay of the post which he held immediately before becoming surplus had corned: P..Category: Constitutional Law | Date: | Hits: 161
Abdur Rahim @ Md. Abdur Rahim Vs. State, 1996, 25 CLC (AD)
....ernment immediately on receipt of the complaint as to sanction as required under section 6(5) of the Act and (2) that the order for holding inquiry by the ASP was illegal and improper as his superior/higher officers were made accused in the complaint petition. 5. The High Court Division took the ......ed Senior Special Judge will now proceed in accordance with law and in the light of the observation made above. Ed. This case is also reported in: 48 DLR (AD) (1996) 167, 49 DLR (AD) (1997) 51. ..Category: Anti-Corruption Laws | Date: | Hits: 92
Abul Bakar Siddique (Md) Vs. Additional Deputy Commissioner, Kurigam and others, 1996, 25 CLC (AD)
....the impugned judgment and order of the learned Single judge of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 154 ......the impugned judgment and order of the learned Single judge of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 154 ..Category: Property Law | Date: | Hits: 63
Sadharan Bima Corporation Vs. Bengal Liner Ltd. and another, 1996, 25 CLC (AD)
....Insurance Clauses by Victor Dover 8th Edn. HF & G. Witherby Ltd., London, pp. 112-113 on Institute Dual Valuation Clause) to mention the lower insured amount for total loss of the vessel and a higher amount as insured value for partial loss (average) purposes, because the cost of repairs oft...... decreed for an amount of US $ 5,87,028.00 including cost to the plaintiff-respondent which we assess at US $ 53, 366.00. Ed. This case is also reported in: 48 DLR (AD) (1996) 143 ..Category: Business or Commercial Law | Date: | Hits: 151
Irfan Sayed (Md) Vs. Mrs. Rukshana Matin and others, 1996, 25 CLC (AD)
....t No.1 on January 10,1991 and they were blessed with a male-child on 24.11.91, who was named Md. Ibraaz Syeed, subsequent thereto the plaintiff left for the United States of America on 3.12.92 for higher studies and after successful completion of his studies he returned home on May 31, 1994. Dur......f legal acumen and hence the same is set aside. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 134 ..Category: Family Law | Date: | Hits: 162
State Vs. Md. Iqbal Hossain alias Iqbal Hossain and others, 1993, 22 CLC (AD)
....elling its resolution dated 24-5-87 by which the order was to be placed with the right party, namely, M/s Bashir & Co. which was the local agent of EMU pumps. Their quotation, however, was always higher than that of M/s Iqbal Engineering Works. This may be one reason which weighed with the tende......vision were just, correct and proper and caused no miscarriage of justice. In the result, therefore, all the appeals are dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 100. ..Category: Anti-Corruption Laws | Date: | Hits: 92
Moqbul Ahmed and another Vs. Ahmed Impex (Pvt.) Ltd. and ors, 1996, 25 CLC (AD)
..... The erstwhile Dacca High Court and later High Court Division inherited the Original Side Rules as long as Letters Patent, 1865 was in the statute book. 18. Various controversies raked the higher Courts of the then Pakistan as to whether Rule 1 of Chapter XXXI of the Original Side Rules ...... 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 ..Category: Business or Commercial Law | Date: | Hits: 118
Government of Bangladesh Vs. A H M Amir Hossain, 1996, 25 CLC (AD)
.... Saidur Rahman was lecturer under him. This happened because in pursuance of the aforesaid Rules of 1981, upon nationalisation, the said Saidur Rahman was absorbed as Assistant Professor, one step higher than that of the respondent, with a scale of pay of Taka 1400-2225 which was revised in 1985......t 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 framing of rules by the Government in respe..Category: Constitutional Law | Date: | Hits: 174
Raziul Hasan Vs. Badiuzzaman Khan and others, 1996, 25 CLC (AD)
....was rejected by order dated 12-7-86. On the other hand, the present appellant Raziul Hasan and Mr. SA Jalal (Respondent No. 7) were placed in the gradation list of 1989 above respondent No. 1 who was higher in the gradation list of 1984. In this way the seniority of respondent No. 1 was affected the......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
Yusuf A Hassan Vs. KM Rezaul Firdous, 1996, 25 CLC (AD)
....nces of the case we accept the contention of Mr. Serajul Huq that after the dismissal of the petition of complaint under section 203 CrPC the informant respondent’s remedy was to approach the higher Court under section 436 CrPC for further enquiry into his petition of complaint. Neither the......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
Abdul Gani and others Vs. State, 1972, 1 CLC (HCD)
....xamination of the prosecution witnesses appeared to be that the accused appellant Abdul Gani owned the house where Omar Ali, Mofijuddin and others resided as tenants and the accused pressed for the higher rents from them and also threatened then to vacate them therefrom i......nt of sentence has become infructuous and it is accordingly discharged. Let a copy of this order be sent to the learned Special Judge wherever he may be in present stationed. Ed. ..Category: Criminal Law | Date: | Hits: 68
AKM Shamsuzzaman Khan Vs. Chairman EPRTC, 1972, 1 CLC (HCD)
....e of the amount of Rs. 8400.00 should be so deposited within the period stipulated as above. The appellant worker is entitled to his costs throughout and we order accordingly. Ed. ......tal disablement: permanent partial disablement as contemplated under section 2(C) or permanent total disablement as defined in section 2(1) (b) of the WC Act. Section 4 of the WC Act lays down the scale according to which compensation is to be assessed. Section 4(1) B is applicable to the case o..Category: Labour and Industrial Law | Date: | Hits: 118
Rahman Ali Vs. Upendra Lal Sarkar, 1972, 1 CLC (AD)
....also been specifically asserted by the defendants that the plaintiff had no means to auction purchase the disputed mahal in the Revenue Sale and he was set up by the heirs of Ahmad Ali who demanded higher rate of rent from the defendants but as they did not agree the heirs of Ahmad Ali put the j...... and for all and the cost for appointment of the pleader commissioner will be borne by the plaintiff, 18. Leave as prayed for under clause 15 of the Letters Patent is granted. Ed. ..Category: Property Law | Date: | Hits: 67
Azizur Rahman Vs. Hedayet Ahmed Chowdhury and others, 1972, 1 CLC (AD)
....ductive, still the same will not be admitted as an excuse for non-payment of rent or reduction of the same and if the area of the land is found to be more on survey then the lessee will be liable for higher rent along with the stipulation that the lessee will be entitled to plant trees on the bank o......this second appeal has now become infructuous, as the appeal itself has now been disposed of. The Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:..Category: Civil Law | Date: | Hits: 137
Ashok Kumar Karmaker Vs. State, 1999, 28 CLC (AD)
....t of the guilt and clear expression of remorse ought to, have evoked the mercy of the Court and although Dr Kamal Hossain in no way minimizes the offence that the author appellant had caused to the higher judiciary by his offending Article, he submits that after such unqualified apology at the e......e highly disapprove of the manner and the language with which the offending Article was written and warn the author that any repetition of the same will be visited with punishment of even a greater scale, not to be condoned on any plea whatsoever. With these observations, the appeal is a..Category: Criminal Law | Date: | Hits: 75
Junnur Rahman Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others, 1999, 28 CLC (AD)
....her in law or on fact. The High Court Division has rightly discharged the Rule. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 166. ......g 100% vacancies in the post of Assistant General Manager by promotion from the post of Senior Principal Officer. Sub-Regulation No.4 of Regulation 11 provides: “promotion to the posts in the scale of pay of Taka 3700.00-4828.00 and above shall be on merit-cum-seniority basis.” By let..Category: Employment/Service Law | Date: | Hits: 63
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