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Bangladesh Biman Corporation Vs. Chowdhury Mohammad Yusuf and another, 1979, 8 CLC (AD)
....bject has come to the conclusion as to the law relating to the employees of a statutory Corporation as under: (a) if an employee is dismissed or his service is terminated in contravention of the mandatory statutory provision the employees has right of action either in the superior court in it......s on such terms and conditions and subject to such scrutiny or screening as the Government of Bangladesh may determine. Article 7 provided for making rules for the purpose of giving effect to the provisions of the order. By the President's Order No.31 of 1972 Air Bangladesh International (Temp..Category: Employment/Service Law | Date: | Hits: 123
....ules which are accordingly, discharged, without, however, any order as to cost.
Let a copy of this judgment be communicated at once.
Ed.
This Case is also Reported in: 63 DLR (HD) (2011) 85.
......roperty of the Waqf was included in acquisition. A subsequent application was made challenging the acquisition under LA Case No.138/61-62 on the ground that at the relevant time, in the year 1961-62, provisions of section 93A of the Town Improvement Act, 1953 (TI Act, 1953) were not in existence. Th..
Category: Property Law | Date: | Hits: 106
Government of the People's Republic of Bangladesh Vs. Md. Khorshed Ali Talukder, 2012, 41 CLC (AD)
....ment. According to these contesting respondents the allegations against the petitioner were proved on enquiry held in accordance with law and that the authority concerned, after observing all the mandatory provisions of law, decided to dismiss the petitioner from service and since the petitioner......rding to these contesting respondents the allegations against the petitioner were proved on enquiry held in accordance with law and that the authority concerned, after observing all the mandatory provisions of law, decided to dismiss the petitioner from service and since the petitioner was a Fir..Category: Administrative Law | Date: | Hits: 263
Kartick Chandra Mandal & others Vs. State, 2010, 39 CLC (HCD)
....R. to be lodged by the aggrieved person. He next submits that, a mere perusal of the provisions of sub-section (3) of section 10 of the Ain clearly shows that this provision is only directory and not mandatory. Accordingly, he submits that the impugned order passed by the revisional Court is just le......b-section (3) of section 10 of the Ain refers to a report or complaint to be filed by the police and not to an F.I.R. to be lodged by the aggrieved person. He next submits that, a mere perusal of the provisions of sub-section (3) of section 10 of the Ain clearly shows that this provision is only dir..Category: Criminal Law | Date: | Hits: 143
A.K. Azad Vs. Fakruddin and another, 2009, 38 CLC (HCD)
.... is discharged without any order as to costs. The order of injunction granted at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 135....... from transferring the suit land to anybody by executing any kind of transfer deed. 8. Mr. Rokanuddin Mahmud, the learned Advocate appearing with Mr. Md. Asaduzzaman, Advocate referring to various provisions of Court Fees Act, Suit Valuation Act and Order VII Rules 10 and 11 of the Code of Civil ..Category: Property Law | Date: | Hits: 85
....itle Suit No.48 of 1986 are hereby affirmed.
Let a copy of this Judgment along with L.C.R. be sent to the concerned Court at once.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 130.
......be taken into consideration as these were not proved by any cogent evidence as required by section 67 and 68 of the Evidence Act."
16. To my mind, the lower appellate Court correctly held that the provisions of section 67 and 68 of the Evidence Act had not been followed in course of taking those ..
Category: Property Law | Date: | Hits: 82
Mohiuddin Ahmmed and others Vs. State, 2011, 40 CLC (HCD)
....e appeal is vacated. The Tribunal is directed to dispose of the case as early as possible. Communicate a copy of the judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......s been filed after proper investigation and the Tribunal took cognizance of the offence. 6. We have examined the documents referred by the learned Advocate for the appellants and also examined the provisions of law. The Drug Act, 1940 does not ousts the jurisdiction of any other Court to try an o..Category: Criminal Law | Date: | Hits: 99
Abdul Halim Vs. Dina Bandhu Chandra Das and others, 2011, 40 CLC (AD)
....at there is no merit in these civil petitions for leave to appeal. In the result both the civil petitions for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 394.......ct that the appellate court below and the High Court Division, on proper examination of the evidence on record and the facts and circumstances and on proper appreciation of the matter and the legal provisions have rightly held that the decree passed in Title Suit No.169 of 4981 is valid and bindin..Category: Property Law | Date: | Hits: 72
Arab Bangladesh Bank Ltd. Vs. Md. Salauddin and others, 2010, 39 CLC (HCD)
.... 2nd Court, Narayanganj is hereby set aside and the plaint of Title Suit No.31 of 2002 is rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 97, 118; 16 BLC (HCD) (2011) 277, 293. ......urt the remedies will follow as provided therein and there being specific remedy in the statute for filing appeal against the Judgment and decree of the Artha Rin Adalat. Moreover, as per the express provisions of section 6 of the Artha Rin Adalat Ain, 1990 the decision or Judgment and decree of the..Category: Civil Law | Date: | Hits: 141
Meher Negar Vs. Mojibur Rahman, 1994, 23 CLC (HCD)
.... Motion No. 13 of 1987 is hereby set aside and that of the Magistrate, Kalkini passed in Miscellaneous Cass No. 42 of 1986 is restored. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 18. ......he learned Advocate for the petitioner, contends that the Family Courts Ordinance, 1985 is a personal law applicable to the Muslims of Bangladesh only and not to any other community and, as such, its provisions cannot override the provisions of a general law i.e. section 488 CrPC. His second content..Category: Family Law | Date: | Hits: 215
Iskander Lasker Vs. District Magistrate, Jessore and others, 1994, 23 CLC (HCD)
.... Khan of village Ramnager, Police Station Kotwali, District Jessore, be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ......tion 3(3) provides that no such order shall remain in force for more than thirty days after the making thereof unless in the meantime it has been approved by the Government. 13. From the aforesaid provisions of law it appears to us that the Additional District Magistrate could make an order detai..Category: Criminal Law | Date: | Hits: 86
Syed Monirul Huda Chowdhury Vs. Fouzia Chowdhury and others, 1994, 23 CLC (HCD)
....cepted. The revision is thus devoid of any merit. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. This case is also Reported in: 47 DLR (AD) (1995) 10.......f Contract on the basis of oral agreement, amendment was sought for claiming damages for breach of contract. Their Lordships of the Privy Council held as under: "All rules of Court are nothing but provisions intended to secure the proper administration of justice, and it is therefore essential th..Category: Property Law | Date: | Hits: 151
....ioner of Taxes.
Send a copy with the seal of the Court to the Appellate Tribunal, Chittagong.
There will be no order as to costs.
Ed.
This case is also Reported in: 47 DLR (HCD) (1995) 6.
......rading liability of Taka 25,68,022.00 under a section 10(2A)(iii) of the Income Tax Act holding that there was no cessation of business between the assessee and the parties in view of the unequivocal provisions of section 10(2A) of the Income Tax Act."
3. Facts, in short, are that the respondent ..
Category: Fiscal/Taxation Law | Date: | Hits: 188
American Bureau of Shipping Vs. Commissioner of Taxes (South) Zone, Chittagong, 1994, 23 CLC (HCD)
....l dispose of these three Reference applications namely, Application Nos. 80, 81 and 82 of 1992. There shall be no order as to costs. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 1. ...... in the taxable territories shall be only such profits as are reasonably attributable to that part of the business operations which is carried out in the taxable territories. But quite apart from the provisions of section 42(3) for the purposes of section 4(1) the general principle underlying Kirk's..Category: Fiscal/Taxation Law | Date: | Hits: 159
Abdul Ali and another Vs. State, 1977, 6 CLC (AD)
....e with the judgment of brother K. Hossain J. Order of the Court In view of the opinion of the majority the appeal is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 58. ......-sheet constituted any offence within the meaning of Martial Law Regulations No.1 of 1975, he refers only to Habibur Rahman, one of the charge-sheeted accused, as a public servant so as to make the provisions of Martial Law Regulations applicable to the present case. 13. The learned Judges of..Category: Criminal Law | Date: | Hits: 115
Ajufannessa @ Aji Bibi and others Vs. Safar Miah and others, 1977, 6 CLC (AD)
....at the appeal is allowed with costs. The judgment and decree of the High Court it set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 41. ......expression 'Koljote' as mentioned in the Khatian and assumed that such expression necessarily meant an under raiyati. The learned Judges appear to have held on the basis of such assumption that the provisions of section 48(G) 3 of the Act was attracted and as such the interest of Mainuddin was n..Category: Property Law | Date: | Hits: 97
Fazlur Rahman Vs. Rajab Ali and others, 1977, 6 CLC (AD)
.... this Court and dispose of the suit according to law. The petition is accordingly disposed of but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 30. ......which the suit was set down for hearing only on the question of its maintainability without giving an opportunity to the contesting defendants of being heard and secondly, that having regard to the provisions of Order 14, rule 2 and Order 15, rule 3(1) of the Code of Civil Procedure, the learned J..Category: Civil Law | Date: | Hits: 111
Musammat Khaleda Razia Khanam and others Vs. Mahtabuddin Choudhury and others, 1977, 6 CLC (AD)
....chase enured to the benefit of Kushor Pashi. We do not find any of the contentions to be of substance. The petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 27. ......only in proportion to his legitimate share in the property transferred by the said Kabala. 8. He does not think that the learned Counsel is right in his contention as to the applicability of the provisions of sections 43 and 47 of the Transfer of Property Act to the facts of the case. The princ..Category: Property Law | Date: | Hits: 102
....lt, therefore, is that subject to the observation made above, the appeal is dismissed. There shall, however, be no order as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 1.
......lising amount in excess Rs. 36/-per year payable under the deed of lease dated 29-6-57. The appellant contended in the said application that the lease in his favour was not a tenancy under any of the provisions of East Bengal State Acquisition and Tenancy Act and that the terms and conditions were e..
Category: Property Law | Date: | Hits: 114
Shameem Ara and others Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....t find any cogent reason to interfere with the impugned judgment of the High Court Division. Accordingly, these petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 78. ...... the College and by the Jagannath University Act, 2005 (the Act of 2005) the Government Jagannath College was upgraded to a University, namely Jagannath University. Section 56 of the Act, 2005 enacts provisions regarding the abolition of the Government Jagannath College and the consequent effect on ..Category: Employment/Service Law | Date: | Hits: 134
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