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Helaluddin Ahmed alias Swapan. Vs. Bangladesh, 1993, 22 CLC (AD)
.... paragraph 19(2) above except that nothing was said therein as to ouster of Court's Jurisdiction. Hamoodur Rahman CJ, upon an exhaustive consideration of the matter held that the validity given by clause (2) of Article 281 to acts done or purported to be done in exercise of the powers given by M..Category: Constitutional Law | Date: | Hits: 174
Abdul Aziz Vs. Abdul Majid, 1994, 23 CLC (AD)
....premises shall be made as long as the tenant pays rent to the full extent allowable by this Ordinance and performs the conditions of the tenancy (Relevant portion quoted). 11. The non-obstante clause of sub‑section (1) of section 18 shows that the provision of Transfer of Property Act and t..Category: Tenancy Law | Date: | Hits: 87
Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)
.... which was a matter between two Ministries concerned. After fruitless negotiation over the Bills between the parties, the dispute was ultimately referred to an Arbitrator in terms of an arbitration clause (Clause No. 17) of the Agreement. A retired Judge of the Supreme Court was appointed the Ar..Category: Business or Commercial Law | Date: | Hits: 98
Khondaker Mahtabuddin Ahmed, MD Vs. Matin Tea and Trading Company , 1994, 23 CLC (AD)
....t the court at Moulvibazar was competent to entertain the suit. The petition has thus no merit and is accordingly dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 92 ..Category: Procedural Law | Date: | Hits: 91
Bangladesh Vs. Commercial Trust of Bangladesh Ltd. and others, 1994, 23 CLC (AD)
....inistry for review of the ex parte order dated July 10, 1983. The review petition was contested by Tarini Kanta Das, After finding that the resumption of the transferred land could only be made under clause 7 of the deed of transfer, and that when the owner of the land had already been paid compensa..Category: Property Law | Date: | Hits: 69
Kalu Mondal Vs. Begum Fazilatun Nessa, 1994, 23 CLC (AD)
....d be interpreted in the context of the abnormal conditions prevailing in the year 1971, that is, whether the conditions like war of liberation should be read in the statutory provision as exception clause to the sub‑section. 3. Mr. Golam Rabbani, the learned Advocate appearing for t..Category: Property Law | Date: | Hits: 79
Rear Admiral AA Mustafa Vs. Bangladesh, 1994, 23 CLC (AD)
....Naval Staff of Bangladesh on August 15, 1990 and the tenure of his service is governed by the Chiefs of Staff of the Defence Service (Tenure of Appointment) Order, 1981, passed by the President under clause (2) of Article 62(2) of the Constitution. The Chief of the Naval Staff is a constitutional po..Category: Employment/Service Law | Date: | Hits: 107
Bangladesh Shilpa Rin Sangstha Vs. Haque Brothers (Carbide) Ltd., 1994, 23 CLC (AD)
....8 is entertained. 15. Having gone through our judgment very closely we find that we had not laid down any general proposition of law that a Court can vary the rate of conversion provided in clause (ii) of Article 28 at any time and at will. It seems to be fit and proper that while directi..Category: Banking Law | Date: | Hits: 125
Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)
....zette on 8 November 1990. The Petitioner challenged these Rules in his Writ Petition taking the ground that these Rules not only affected his vested right of seniority, but also violated the equality clause of Article 27 and also the right to equal opportunity for public appointment guaranteed under..Category: Employment/Service Law | Date: | Hits: 97
Hosne Ara Begum Vs. Chairman, Court of Settlement and another, 1994, 23 CLC (AD)
....commit any excess of jurisdiction the High Court Division will be right in not interfering on the ground of mere unsatisfactory disposal of a case. 11. Mr. Hakim then draws our attention to clause 2 of the agreement dated 7.1.71 between Dr. Sadrul Hasan and the petitioner and submits that..Category: Property Law | Date: | Hits: 77
Bangladesh Bank and others Vs. Mohammad Abdul Mannan, 1994, 23 CLC (AD)
.... (Staff) Regulations, which provides for termination of a permanent employee like the appellant by giving him three months' notice or three months' pay in lieu thereof is violative of the equality-clause of our Constitution namely, Article 27. This Article provides that all citizens are equal be..Category: Administrative Law | Date: | Hits: 149
Kader Textiles (Pvt) Ltd. and another Vs. Md. Lehajuddin Miah, and others, 2006, 35 CLC (AD)
....tion under section 233 could be maintained. The petitioner had claimed that the affairs of the company were being conducted in disregard of her interest and the interest of respondent No. 3 and clause (c) of section 233 provides that applicant may pray for such order as, in his or their opin..Category: Business or Commercial Law | Date: | Hits: 86
Anwar Hossain Vs. Mainul Hosein & others, 2006, 35 CLC (AD)
....cle (3) of Article 147 of the Constitution has created a bar for the persons appointed to or acting in the offices specified in sub-Article (4). But the provision to sub-Article (3) with a deeming clause has excluded the bar created by sub-Article (3). Therefore, such person shall not be debarre..Category: Civil Law | Date: | Hits: 103
Bangladesh Bank Vs. Rana Awan and others, 2006, 35 CLC (AD)
....shall be regulated" refers to further legislation and not the Code of Civil Procedure. Further, words reading "the further expenditure charged on the Consolidate Fund" as provided in clause (b) of Article 90(1) of the Constitution makes it mandatory to introduce in Parliament a Bil..Category: Civil Law | Date: | Hits: 104
Rajdhani Unnayan Kartripakha Vs. Abdul Jakir and others, 2006, 35 CLC (AD)
....tablished. 26. Be that as it may, taking recourse to section 44 of the Ordinance 1982, the learned Counsel for the defendant-appellant asserts emphatically that in view of the ouster clause in the Ordinance and in view of failure of the plaintiff to make out any case that the provi..Category: Property Law | Date: | Hits: 51
Bangladesh Telecommunication Regulatory Commission Vs. Ekushey Television Ltd., 2006, 35 CLC (AD)
....mitted that the section 36(2) (d) of the Bangladesh Telecommunication Act, 2001 makes it mandatory which states that while considering such application, the Commission shall, among others, consider clause (d) whether issuance of the licence applied for, the activities authorised by the licence, wi..Category: Information Technology Law | Date: | Hits: 266
Government of Bangladesh Vs. Amora Holding Inc. Panama and other, 2006, 35 CLC (AD)
....t the payment of custom duties and taxes leviable thereon within the meaning of smuggling as contemplated under section 2(5) of the Customs Act, 1969 and the same is an offence as enumerated under clause 95(6) of the Custom Act. 12. The learned Counsel for the respondent, however, has su..Category: Business or Commercial Law | Date: | Hits: 96
Abdur Rashid Mollah Vs. Bangladesh, 2003, 32 CLC (AD)
....IV of 1985, but in the instant case admittedly, the possession has been lying althrough with the appellant. The High Court Division has not at all adverted its attention to the fact that according to clause (a) of sub-section (1) of section 5 of the Abandoned Property (Supplementary Provision) Ordin..Category: Property Law | Date: | Hits: 108
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
....(1) Local Government in every administrative unit of the Republic shall be entrusted to bodies, composed of persons elected in accordance with law. (2) Every body such as is referred to in clause (1) shall, subject to this Constitution and any other law, perform within the appropriate a..Category: Constitutional Law | Date: | Hits: 655
Controller of Examinations, University of Dhaka and others Vs. Mahinuddin & ors, 1992, 21 CLC (AD)
.... to the Chancellor, who shall then take such action on the report of the Enquiry Commission and resolution of the Syndicate as he may think fit. (4) An Enquiry Commission appointed under clause (2) may require any officer or authority of the University to furnish it with such papers o..Category: Constitutional Law | Date: | Hits: 169