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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 ....... 5. Respondent Nos. 1-3, in their affidavit- in-opposition, inter alia, stated that Respondent No. 3 on 19.7.87 amended the provisions of recruitment Rule of the Registration in respect of appointment in the post of Muharrars as provided in para 310(b) part VI, of the Registration Manual..Category: Employment/Service Law | Date: | Hits: 66
Secretary, Min of Ind., Nationalised Industries Division Vs. Saleh Ahmed & anr, 1994, 23 CLC (AD)
....s relied on the following passage- "In this country too, the functions of Government are divided into three distinct branches‑ legislature, executive and judicial-each independent of the other whilst acting within its own sphere. For the harmonious working of such a......t;to do that which is required by law to do." 12. In the result, therefore, both the petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 148 ..Category: Constitutional Law | Date: | Hits: 157
Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)
.... "Where the agreement between the parties I does not prohibit grant of interest and where a I party claims interest and that dispute (along with the claim for principal amount or 1; independently) is referred to the arbitrator, he shall have the power to award interest was an imp......, according to them, there was no dispute raised as to interest. The appellants contended that the respondents did not demand any interest on their claim even in their Notice for the reference and appointment of the Arbitrator. As to the claim for compensation, their contention is that the award..Category: Business or Commercial Law | Date: | Hits: 98
Sher Ali (Md) and other Vs. State, 1994, 23 CLC (AD)
....ideration before, and was decided, by this Court (Appellate Division) holding that the power of the High Court Division under section 561A is its inherent power and that this power may be exercised independent of any other powers of the High Court Division and that though the High Court Division ......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 Vs. Subash Chandra Das & ors, 1993, 22 CLC (AD)
....f abatement will follow only when the Government fails to "pay" or "deposit" compensation in terms of section 10. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 63. ......led to compensation do not consent to receive it, or if there be no person competent to receive the compensation or, if there be any dispute as to title to receive the compensation or as to the appointment of it, the Deputy Commissioner shall keep the amount of the compensation in a deposit ..Category: Property Law | Date: | Hits: 64
Rear Admiral AA Mustafa Vs. Bangladesh, 1994, 23 CLC (AD)
.... 103 of the Constitution. The cases cited on behalf of the petitioner has no relevance in the instant case. The petition is dismissed. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 43.......read with Article 152 of the Constitution. Rule 14(5) of the Navy Rules is not applicable to him and he has a right to continue in the post of Chief of Naval Staff for four years from the date of his appointment. 3. Mr. Asrarul Hossain, the learned counsel for the petitioner, mainly contends that..Category: Employment/Service Law | Date: | Hits: 107
Bangladesh Shilpa Rin Sangstha Vs. Haque Brothers (Carbide) Ltd., 1994, 23 CLC (AD)
....ntative and that a further amount in Bangladesh currency would be due if the rate of conversion on the date of payment was ordered. When the petitioner is unmindful of Article 28, a court of law no independent duty to enforce Article 28, like section 3 person of the Limitation Act. If an applican......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
Abdul Bari Sarker Vs. Bangladesh, 1994, 23 CLC (AD)
....after retirement remains a Judge and when a provision has been made in Article 99 of the Constitution for appointment of a retired Judge only in "Judicial or quasi-Judicial office" where independent and impartial dispensation of justice is contemplated his appointment in the service of......r. In his lengthy submissions he has tried to show us that from the findings of the High Court Division the allegation of "malafide" in the Government's order cancelling the petitioner's appointment was established, but still the Rule was discharged. The learned Advocate has referred t..Category: Employment/Service Law | Date: | Hits: 73
Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)
.... has been uniformly distributed to all the officers those who had been regularised earlier through the PSC and those who were regularised under the Ad hoc Appointment Regularisation Rules, 1983. Even independent of the Regularisation Rules, the ad hoc service was counted in all cases for computing t......eclaring invalid in part the said Rules being violative of Articles 27 and 29 of the Constitution. By these Rules seniority of the ad‑hoc appointees is to be counted from the date of their original appointment on ad hoc basis, whereas their seniority was to be counted under the Rules then in force..Category: Employment/Service Law | Date: | Hits: 97
Amjad Molla Vs. Syeduzzaman Molla and others, 1994, 23 CLC (AD)
....each, in default, rigorous imprisonment for one year more. The learned Sessions Judge found Amatunnessa not guilty as she was under the control and influence of the other accused persons and had no independent will of her own in the matter. 4. In the appeal before the High Court Division ......re on bail are directed to surrender to their bail bonds to serve their sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 17 ..Category: Criminal Law | Date: | Hits: 61
Bangladesh Bank and others Vs. Mohammad Abdul Mannan, 1994, 23 CLC (AD)
....unal is set aside and that of the Administrative Tribunal is restored. Parties are to bear their respective costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 1. ......he case of Abdul Majid Vs. Mushafee Ahmed, 17 DLR (SC) 63 the appellant held a civil post in the Ministry of Defence; his service was terminated by two months' notice in terms of the order of' his appointment as 11 temporary". The Ministry sought to defend the termination relying on Article..Category: Administrative Law | Date: | Hits: 149
Sheikh Farid (Md) & others Vs. Abdul Wadud Sikder and others, 2006, 35 CLC (AD)
.... the evidence of PW 5 who is an attesting witness to the bainapatra. It may be mentioned PW 5 is the close relation of the recipient of the bainapatra and his evidence being not corroborated by any independent witness trial Court discarded the evidence of PW 5. The appellate Court while arriving ......ideration money to the attorney of Karuna Moyee Dasi but there is no evidence on which date, in fact, the plaintiff paid the balance of the consideration money to Karuna Moyee Dasi's attorney whose appointment is said to have been made by Karuna Moyee Dasi on June 9, 1962. The High Court Divisio..Category: Property Law | Date: | Hits: 59
Kader Textiles (Pvt) Ltd. and another Vs. Md. Lehajuddin Miah, and others, 2006, 35 CLC (AD)
....ection 233 of the Company law and thus in passing the impugned judgment and order. Therefore, we do not find merits in this leave petition. Accordingly, this leave petition is dismissed. Ed. ......annot appoint a Chairman for holding meeting of the directors and the Company Court also cannot appoint Chairman of the meeting and also cannot direct for a board meeting and also cannot direct for appointment of an auditor. 10. Mr. Zafarullah Chowdhury, the learned Counsel for the respo..Category: Business or Commercial Law | Date: | Hits: 86
Anwar Hossain Vs. Mainul Hosein & others, 2006, 35 CLC (AD)
.... 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. ...... were in accordance with law. It is also stated in the affidavit-in-opposition filed by Mr. Anwar Hossain in Writ Petition No. 3834 of 1999 that since those impugned orders regarding dismissal and appointment of some persons in the company were subsequently withdrawn, Rule in the said writ petit..Category: Civil Law | Date: | Hits: 103
Afia Begum and others Vs. Abdul Baset Mia & others, 2006, 35 CLC (AD)
.... treated as a sham and colourable transaction. In such a case, the right of pre-emption shall subsist…………………..(11) The High Court Division on independent consideration of the materials on record concurred with the finding of the lower appell....... In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 70
Shahudul Haque, IG Police and others Vs. State, 2006, 35 CLC (AD)
....the unqualified apology and to censure the appellants in modifying of the sentence imposed on them. The appeals are, accordingly, dismissed without any order as to costs. Ed. ......lly towards international peace and cooperation in keeping with aspiration of the people. 16. The police are governed by the Police Act, 1861 and Rules made therein for regulating the appointment and conditions of service of the members of the Police Force. The police officer has to..Category: Criminal Law | Date: | Hits: 64
Supreme Court of Bangladesh, Appellate Division, Dhaka Vs. Election Commission, 2006, 35 CLC (AD)
....Senior Member of the Bar and also as an Officer of this Court and we sound word of caution to him for the future. With the aforesaid observations, the Rule is disposed of. Ed. ......2005 calling in question the decision of the writ respondents to prepare a fresh electoral roll taken by the Chief Election Commissioner without consent of the two other Commissioners and the appointment given by the Secretary, Election Commission to about 2,40,000 enumerates, 70,000 superv..Category: Election Law | Date: | Hits: 108
Abdul Mannan Vs. Tayeb Ali and others, 2006, 35 CLC (AD)
....by the defendant was taken away from the house of plaintiff when he was not in the house or, in other words, stolen by the defendant. It may be mentioned the appellate Court considered PWs 2 and 6 independent and disinterested witnesses and also noticed the fact that said witnesses i......rit. 16. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. ..Category: Property Law | Date: | Hits: 66
Bangladesh Telecommunication Regulatory Commission Vs. Ekushey Television Ltd., 2006, 35 CLC (AD)
....he law is designed to regulate the possession of Wireless Telegraphy apparatus in Bangladesh. And the Preamble of the Act of 2001 is as under: “An Act to provide for the establishment of an independent commission for the purpose of development and efficient regulation of the telecommunic......ns aforesaid, with the above observations the appeals are, accordingly, allowed without any order as to costs. The impugned judgment and orders of the High Court Division are hereby set aside. Ed. ..Category: Information Technology Law | Date: | Hits: 266
AHS Rahman Vs. State, 2006, 35 CLC (AD)
....o that effect the charge-sheet has been submitted, we find no substance in the submission of the learned Counsel for the petitioner for quashing the proceedings. The petition is dismissed. Ed. ......s as unselected and opined that a tender could be floated for appointing a consultant. But the Minister Mr. Md. Nasim, with the dishonest intention and being over enthusiastic, verbally directed that appointment of a consultant be made from the proposal received. Thereafter, it was decided that Cons..Category: Anti-Corruption Laws | Date: | Hits: 89
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