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Haji Abdul Motalib Sowdagar Vs. Faiz Ahmed Chowdhury and others, 1977, 6 CLC (AD)
.... by reference to some case law and the English principle relating to a statutory tenant. 6. The basic contention of the learned Counsel that the petitioner's tenancy consisted merely of the huts independently of the land on which the said huts stood appears to be based on some misconception. As......ejecting civil petition for Special Leave to Appeal No. 141 of 1975. The Courts below were right in rejecting the petitioner's plea. There is no substance in this petition which is dismissed. Ed. ..Category: Tenancy Law | Date: | Hits: 89
Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)
.... "The Allahabad High Court has accordingly held that the Act could never have been intended to apply and did not apply to those Hindu widows who by the custom of their caste had independently of the Act, a right to remarry. The point does not appear to have been emphasised in...... this section, it is clear that the legislature contemplated, by the use of this expression, such widows as had been dealt in the preceding section. Section 3 which makes provision for appointment of a guardian of the children of the deceased husband on the remarriage of a Hindu wido..Category: Property Law | Date: | Hits: 59
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
....s for new towns whose purposes are local but which in many respects are similar corporations. "National corporations are public service corporations and carry on their undertakings as responsible independent corporations, not as part of any department of State. They may, however, be concerned ......t on the establishment of the National Health Service on July 5, 1948, Manchester Regional Hospital Board, a regional hospital board, offered by a circular letter dated July 1, 1949 to continue the appointment among other persons of the plaintiff, Barber who at the time was employed as a consultan..Category: Employment/Service Law | Date: | Hits: 170
A.K.M. Muklesur Rahman Vs. Govt. of Bangladesh, 1977, 6 CLC (AD)
.... forthwith. We cannot, therefore, agree that the reasons shown by the petition for condonation of delay are at all satisfactory. The petition is, accordingly, dismissed. Ed. ......n 16.8.1976 decided for filing the special leave petition. Then on 17.8.1976 Mr. Abu Bakkar, Advocate-on-Record was appointed for filing the special leave petition and having received the letter of appointment dated 20.8.1976 and the file of the case on 21.8.1976, the special leave petition ..Category: Criminal Law | Date: | Hits: 69
Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)
....rder as to costs the decision of the High Court is set aside and the case is sent back to the High Court Division for treating the matter as an appeal and dispose it of accordingly. Ed. ......ent of compensation in case any interested party did not accept the assessment made under sub-clause (i) of clause (b) of subsection (5) of section 93A. The old section 91A contemplated ad-hoc appointment of an Arbitrator in each particular case. This position was brought to an end by the n..Category: Property Law | Date: | Hits: 135
Abdul Khaleque Vs. State, 2001, 30 CLC (AD)
....ck, no injury was found on the dead body. Third ground was that the prosecution adduced only two alleged eye witnesses PW 4 and PW 5 who were close relations of the deceased and did not adduce any independent disinterested witness although it was possible for the prosecution to examine such witn......ble doubt at the trial and appeal. The petition is therefore dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 102. ..Category: Criminal Law | Date: | Hits: 67
Syed Al Nesar Ahmed, MD, United Food Complex Ltd. Vs. Nafisa Choudhury and others, 2001, 30 CLC (AD)
....riate and necessary action to conduct the company’s affairs in a manner prescribed in the articles of association and the Company Act, 1994. (iii) To appoint an independent auditor to furnish an audit report of the company for the years 1997, 1998 and 1999 an...... would continue to act as Managing Director till the legal formalities had been completed. The petitioner claimed that because of Bangladesh Shilpa Rin Sangstha’s unqualified approval to the appointment of respondent No. 3 as Managing Director the respondent No. 3 called a general meeting ..Category: Business or Commercial Law | Date: | Hits: 95
Jatiya Party Vs. Election Commission for Bangladesh and others, 2001, 30 CLC (AD)
....ng Officer by order dated 19-4-1999 refused to allocate the said symbol “Langol” to him and allocated the symbol “Butterfly” for the said by- election, a symbol reserved for independent ‘candidate whereupon Writ Petition No. 1318 of 1999 was filed before the High Cou......e an Election Commission for Bangladesh consisting of a Chief Election Commissioner and such number of other Election Commissioners, if any, as the President may from time to time direct, and the appointment of the Chief Election Commissioner and other Election Commissioners (if any) shall, su..Category: Election Law | Date: | Hits: 144
Bangladesh Biman Corporation and others Vs. Md. Tipu Sultan & others, 2001, 30 CLC (AD)
....n made herein before the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001)31. ......Senior Mechanics in Pay Group IV of the Corporation. 3. Petitioners were appointed Bench Fitters in Pay Group 3(11) on 10-11-80 and were confirmed with effect from the date of appointment by the letter dated 8-7-81 and 16-10-81 respectively. Later on they were promoted as Se..Category: Employment/Service Law | Date: | Hits: 63
Haripada Ghose and another Vs. Gopal Chandra Ghose, 1995, 24 CLC (AD)
....40 DLR 373. His submission is that to raise a contention under that section (286) one must have an interest/claim in the estate of the testator through the testator. A person who claims outside or independently of the will or claims adversely to the testator and disputes his rights to deal ...... just and proper and calls for no interference. The appeal is accordingly dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 164 ..Category: Property Law | Date: | Hits: 67
Superintending Engineer and others Vs. Kazi Asaduzzaman and others, 1995, 24 CLC (AD)
....sons the impugned judgment and order of the High Court Division cannot be sustained. The appeal is allowed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 152 ......t given any opportunity to defend himself under the 1976 Rules. Further, there is no such punishment called "discharge" in the said Rules. The appellate Court below found from a letter of appointment filed by the plaintiff in the appellate Court that he was appointed by the Chief Engine..Category: Property Law | Date: | Hits: 124
Forkan alias Farhad and and another Vs. State, 1995, 24 CLC (AD)
....es of the appellants as a time when P.Ws.3 and 4 were present together. But a careful scrutiny of the evidence of these two witnesses will show that in the homestead Milon was there and he also heard independently from Jaj Mia about the story of recognition. It appears to us that P.W.s 3 and 4 who w......Penal Code against the appellants have been proved beyond the shadow of reasonable doubt. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 149. ..Category: Criminal Law | Date: | Hits: 49
Special Reference No. 1 of 1995, 24 CLC (AD)
....liament is 5 (five) years since that date as provided in Article 72 (3) of the Constitution; D. And Whereas Parliament comprised of members belonging to different political parties and elected as independent as noted below: BNP-170 Awami League-92 Jatiya Party-35 Jamaat‑e‑Isl...... Mohammad Ismailuddin Sarker J. - I am in complete agreement with the learned Chief Justice and I have nothing more to add. Ed. This Reference is also Reported in: 47 DLR (AD) (1995) 111. ..Category: Constitutional Law | Date: | Hits: 248
Halid Hamidul Huq Vs. Nafisa Chowdhury & ors., 1995, 24 CLC (AD)
....ay be made before the Court where the tide suit is pending. The appeal is dismissed without any order as to cost. Ed. This case is also reported in: 47 DLR (AD) (1995) 104 ......H Rahman CJ: The appellant filed a miscellaneous case under section 74 of the Trusts Act, 1882, FMA No. 74 of 1992 before the Court of Additional District Judge, First Court Dhaka, praying for his appointment as a trustee of a Trust created by his father, Hamidul Huq Chowdhury, or in the alterna..Category: Property Law | Date: | Hits: 76
Lt. Col. (Retd) Nazimuddin Ahmed Vs. Bangladesh and Others, 1995, 24 CLC (AD)
....Court Division, we uphold the order impugned in the writ petition. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 87 ......inted as a Director of the Bangladesh Oil, Gas and Minerals Corporation (respondent No.3), in brief, the BOGMC, with effect from 1 January, 1989 on a contract basis for a period of three years. The appointment was made under section 6(l) of the Bangladesh Oil, Gas and Minerals Corporation Ordinan..Category: Employment/Service Law | Date: | Hits: 117
Sirajul Islam (Md). Alias Siraj Madbar and others Vs. Keramat Ali Bhuiyan & ors, 1995, 24 CLC (AD)
....ned transfer. In the result, the appeal is allowed and the impugned order of the High Court Division is set aside. Ed. This case is also reported in: 47 DLR (AD) (1995) 64 ...... Public Prosecutor. As has been indicated above, the apprehension is groundless, and if the informant thinks proper he may approach the appropriate authorities, such as the Deputy Commissioner, for appointment of some other Public Prosecutor or Assistant Public Prosecutor for conducting the case...Category: Criminal Law | Date: | Hits: 67
Babul Kanti Das and others Vs. Abul Hashem and others, 1995, 24 CLC (AD)
....extent of pulling down the entire roof of the building within the time and upon conditions directed by the trial Court. Ed. This case is also reported in: 47 DLR (AD) (1995) 06 ......sued notices to show cause within 7 days and further issued an order for maintaining status quo till the disposal of the application. Later on the same (lay the plaintiff filed an application for appointment of an Advocate Commissioner for local inspection and accordingly, one Mr. Abdul Huq, Ad..Category: Civil Law | Date: | Hits: 106
Collector of Customs, Chittagong and Others Vs. Ahmed Hossain and 39 Others, 1996, 25 CLC (AD)
.... exercise of the power of delegated legislation. In reaching the said conclusion sections 19 and 30 of the Customs Act were interpreted and it was held that notification issued under section 19 is independent of the rate of duty mentioned is section 30 and there is no connection between section ...... 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
Sec, Internal Resources Div., Min. of Finance & Chair, Vs. Nasrin Banu & 5 ors., 1996, 25 CLC (AD)
....Prime Minster (Annexure D), after proper scrutiny of their service record, before any necessary new recruitment is made. Ed. This case is also reported in: 48 DLR (AD) (1996) 171 ......ibunal created by the appellant. On the basis of competitive examination and interview and after observing all formalities of quota system for freedom fighters, districts and women they were given appointment variously as Additional Register Stenographers, Typists, Upper Division Clerks L..Category: Constitutional Law | Date: | Hits: 161
Akhtar Banu Vs. Habibunnessa and others, 1996, 25 CLC (AD)
....of 1969, the wife of the deceased, Feezza Khanum, having already been on record as defendant No.2. The learned Judge of the High Court Division took the view that the misc. case was a separate and independent proceeding and substitution made in that misc, case did not automatically substitute th......o cost. The impugned judgment and order are set aside. The suit will proceed in accordance with law. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 298, 48 DLR (AD) (1996) 164 ..Category: Property Law | Date: | Hits: 70
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