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Hafizuddin (Md) & 3 ors Vs. Bangladesh Bank, represented by Governor & ors, 1997, 26 CLC (AD)
.... made any submission on this finding. 15. We find no ground for interference. The petitions are dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 147 ...... not avail of the prevailing administrative remedy (some of them submitted representations to the Bank authorities but without waiting for the result thereof prematurely filed the cases), that the appointment of 73 officers having taken place in 1976 and 1977 all the applications are barred by l..Category: Administrative Law | Date: | Hits: 159
Sayeed Farook Rahman Vs. Sessions Judge of the Court of Sessions, Dhaka & other, 1997, 26 CLC (AD)
.... substantial point of law which calls for granting of leave for detailed consideration. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 157 ...... the power to direct at what place or places the Court of Sessions shall hold its sitting. Therefore, the power of the Government is pervasive over (1) the establishment of a Court of Sessions, (2) appointment of a Judge of a Court of Sessions and (3) determination of the place or places where th..Category: Constitutional Law | Date: | Hits: 179
Karnafuli Cotton Mills Ltd. Vs. United Commercial Bank Ltd. and others, 1997, 26 CLC (AD)
....nbsp; Subject to this modification of the order of the High Court Division the petition is disposed of. Ed. This case is also reported in: 49 DLR (AD) (1997) 130 ...... petitioner and other in the Court of Subordinate Judge and Artha Rin Adalat, Chittagong for recovery of Taka 25, 96, 27,209.04 and on 26-2-95 filed an application under Order XXXIX rule 7 CPC for appointment of an Advocate Commissioner for making an inventory of all the machineries, spare parts..Category: Procedural Law | Date: | Hits: 98
Chitta R Chakraborty being dead, his heirs Ashish C. & ors Vs. Md. A. Rob, 1997, 26 CLC (AD)
.... to be ordered having regard to the case made out in the plaint, then it must be held that payment of fixed court fee under Article 17 (iii) of Schedule II is not sufficient” 13. Sayem J. in his independent judgment agreed with the view of Hasan, J. quoted herein above and expressed himself thu...... result, this appeal is allowed without any order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 96 ..Category: Tenancy Law | Date: | Hits: 88
Mohsin Mia Vs. Bangladesh, 1997, 26 CLC (AD)
....foresaid principles and not on any legal right before any order of restraint is passed. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 66 ...... must have had negotiation with respondent No. 5 as it will be evident from a notice published in the daily Inqilab on 29-12-96 by respondent No. 6, Bangladesh Chemical Industries Corporation, for appointment of contractor by tender for carriage on bamboos from the Bash Mahal to the Mill premise..Category: Constitutional Law | Date: | Hits: 149
Anwaruddin Bepari Vs. Assistant Commissioner (Land) and Others, 1997, 26 CLC (AD)
....the time of revocation and withdrawal of Martial Law against the original order of redemption and, as such, that right has not been revived or restored. The impugned order, it was held, was not an independent order of eviction but towards implementation of the earlier order which was the subject......d without lawful authority and be of no legal effect. There will, however, be no order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 94, 49 DLR (AD) (1997) 48 ..Category: Property Law | Date: | Hits: 88
Abul Ahsan Vs. Administrator of Pabna Cham. of Com. & Ind. & anr, 1997, 26 CLC (AD)
.... decision. Accordingly, those petitions are disposed of as not being necessary for deciding the questions raised therein. Ed. This case is also reported in: 49 DLR (AD) (1997) 46 ......preparation of faulty voter list, etc. in connection with the said Trade Organization. Upon a report submitted thereto the Deputy Commissioner on 18-4-94 recommended to the Ministry of Commerce for appointment of an Administrator and dissolution of the Executive Committee of the said Trade Organ..Category: Procedural Law | Date: | Hits: 122
Kamrul Hasan Vs. Bangladesh and others, 1997, 26 CLC (AD)
....having already been decided by this Division, the petition does not merit consideration and accordingly, it is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 44 ......ukti Joddhya Kalyan Trust. On June 1994 by Order of the President, he was appointed as Economic Councilor at Economic Wing of Bangladesh Embassy at Stockholm. Under the terms and conditions of his appointment, in order to meet the traveling and other expenses, he was given in advance a sum of Ta..Category: Administrative Law | Date: | Hits: 149
Mofizul Huq Vs. Mofizur Rahman and others, 1997, 26 CLC (AD)
....ondary school is disqualified for ejection as Chairman of a Union Parishad under section 30(1)(b) of the Ordinance of 1961 and that the provisions of section 30(l)(b) and section 30(2) thereof are independent of each other and mutually exclusive is not correct. Section 30(1) (b) does not provide......cost and the impugned judgment and order; are set aside. Ed. This case is also reported in: 48 DLR (AD) (1996) 121, 49 DLR (AD) (1997) 38 ..Category: Others | Date: | Hits: 85
Bangladesh Vs. Abdul Latif Chokder , 1997, 26 CLC (AD)
.... was granted. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 393, 49 DLR (AD) (1997) 29 ......as removed from service by order dated 25-9-78. Although the respondent’s post was upgraded to a Class I post since 1-7-73, he and other officers of his rank are governed regarding matters of appointment, promotion, etc, by the Auditor General’s Manual Standing Orders since no recruit..Category: Administrative Law | Date: | Hits: 106
Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)
....ied policies, surveyed and examined legal, quasi-legal issues, institutional aspects and traditional issues on environment and ecology and actively participated in many government, non-government and independent national and regional/international activities and has gained widespread recognition bot...... without the proposed amendment, the Supreme Court of Sri Lanka has of late been extending the scope of standing. Thus it has granted standing to a member of parliament seeking issuance of letters of appointment to 53 persons who were selected to the public service on the basis of competitive examin..Category: Constitutional Law | Date: | Hits: 450
Government of Bangladesh and another Vs. Mashiur Rahman and others, 1998, 27 CLC (AD)
....he above stated facts held that a fraud had been practised on the court in obtaining the ex parte decree in question, but the learned Subordinate Judge illegally directed the defendants to file an independent suit. The learned Judges of the High Court Division without considering the allegations......udge, 1st Court. Dhaka is allowed and Title Suit No.142 of 1986 is restored to its original file and number. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 205. ..Category: Property Law | Date: | Hits: 76
Akhteruzzaman Vs. Ali Amjad Khan and others, 1998, 27 CLC (AD)
....case to call for an interference. The petitions, therefore, merit no leave and are dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 199. ......llip;Respondents Judgment March 11, 1998. The Code of Civil Procedure, 1908 (V of 1908), Or. XL r. 1 The Appellate Division is reluctant to interfere in the matter of appointment of a receiver unless the circumstances are of such exceptional character that refusal ..Category: Property Law | Date: | Hits: 87
Commissioner of Customs, Chittagong Vs. Giasuddin Chowdhury and another, 1998, 27 CLC (AD)
.... the High Division to be satisfied itself that the interim order is not likely to have the effect referred to in sub-clause (a) or (b) of clause (4) of Article 102. The High Court Division has an independent duty to be satisfied in term above. The appearance of the Attorney-General before th......pon furnishing a proper bank guarantee for the balance as already assessed by the Customs Authority on the respondent. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 129. ..Category: Criminal Law | Date: | Hits: 119
Abdul Motaleb Sheikh Vs. Md. Hasan Bali & another, 1998, 27 CLC (AD)
....In any view of the matter the suit appeared to be doomed from the beginning. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 118. ......plaintiff-petitioner. Now this petition for leave to appeal from the decision of the High Court Division. Syed Ziaul Karim, learned Advocate for the petitioner, submits that the petitioner’s appointment, training, terms and conditions of service are regulated by the Union Council (Village ..Category: Employment/Service Law | Date: | Hits: 94
Vice Chairman, Export-Promotion Bureau and Govt. of BD Vs.
....nds that it was violative of the principles of natural justice as no show cause notice was issued to them prior to the cancellation; that the Controller of Imports and Exports had not exercised his independent decision but had acted upon the direction of the Government and that the Controller of......ification (Annexure-A to the writ petition) cannot stand, even without a challenge of the Government’s action. The leave petitions are, therefore, dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 117
Moulvi Md Khurshid Alam Vs. Bangladesh, 1997, 26 CLC (AD)
....vernment’s powers under section 4 of the Act is concerned. This petition, thus, merits little consideration. It is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 82. ......vernment’s powers under section 4 of the Act is concerned. This petition, thus, merits little consideration. It is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 82. ..Category: Employment/Service Law | Date: | Hits: 137
Aung Shwe Prue Chowdhury Vs. Kyaw Sain Prue Chowdhury and others, 1997, 26 CLC (AD)
....gladesh Gazette on 21-11-96 is declared to have been made and issued without lawful authority and of no legal effect. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 73. ......that unless he is also found fit by the Government his suitability is affected. Mr. Ahmed submits that acceptability to the Government on the ground that the office is a political office and that the appointment and recognition are based on politico-administrative consideration have introduced a new..Category: Civil Law | Date: | Hits: 203
Jahanara Begum Vs. Md. Aminul Islam Chowdhury and others, 1997, 26 CLC (AD)
....red documents and in a suit for specific performance of contract the primary question is whether the plaintiff has been able to prove the genuineness of the agreement by producing cogent reliable and independent evidence. The lower appellate Court on wrong assumptions held that tendering of money an......id provision of law. Consequently, the appeal is dismissed without any order as to costs and the suit is decreed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 52; 2 MLR (AD) 112. ..Category: Property Law | Date: | Hits: 86
Hasna Banu & others Vs. Keamat Ullah Malitha and others, 1997, 26 CLC (AD)
.... is not barred by limitation as the plaintiff herself proved her date of knowledge as on 19-2-77 and as the Suit was filed on 7-3-77; that the plaintiff being a pardahanshin village woman did not get independent and free advice before executing the kabala and found that the impugned kabala is collus...... Court on the question of limitation and decreed the suit. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 50, 18 BLD (AD) 10. ..Category: Procedural Law | Date: | Hits: 154
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