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Government of Bangladesh and others Vs. Khondaker Khairul Kabir, 2006, 35 CLC (AD)
....al on correct appreciation of the materials on record and the law applicable allowed the appeal and accordingly, no interference is called for. The petition is dismissed. Ed. ......out his illness and after recovery he attended office on 15-7-87 and submitted petition for leave supported by medical certificate and then on 26-7-87, receiving the information that following land dispute his wife was attacked and injured by miscreants, he on verbal permission from his office l..Category: Administrative Law | Date: | Hits: 113
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
....LIX of 1982 which was promulgated by the Chief Martial Law Administrator in pursuance of the proclamation of the 24th March, 1982 after usurpation of power by the Chief Martial Law Administrator. The resolution dated 23rd October, 1982 which was published in the Bangladesh Gazette Extraordinary give......th the Fundamental principles that cannot be challenged in court; they contended that the impugned (Repeal) Ordinance is not inconsistent with Articles 9 and 11. As to Articles 59 and 60, which are undisputedly enforceable judicially, Respondent's contention was that provisions of these two Articles..Category: Constitutional Law | Date: | Hits: 655
Controller of Examinations, University of Dhaka and others Vs. Mahinuddin & ors, 1992, 21 CLC (AD)
....scripts were in the handwritings of different persons. On consideration of the report of the Committee, the Discipline Board of the University submitted a recommendation to the Syndicate, which, by a resolution dated 29 December 1990, approved the recommendation and, by an order dated 31 December 19......minees who did not challenge it is sustainable in law. Obvious answer is in the negative. Parties will bear their own cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 305. ..Category: Constitutional Law | Date: | Hits: 169
Mohammad Eunus and Brothers (Pvt) Ltd. Vs. Registrar, University of Chittagong ,1992, 21 CLC (AD)
.... considered. But in the present case interest was set aside by my learned brother by giving good reasons on the fact of this case. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 296. ......াকায় তাহাদের্কে কার্যাদেশ প্রদান করা হউক।" 5. The sum and substance of the above proceedings in so far as the present dispute is concerned is that the Engineering Consultants of the University estimated before the tend..Category: Alternative Dispute Resolution | Date: | Hits: 202
Qazi Karnal Vs. Rajdhani Unnayan Kartripakha and another, 1992, 21 CLC (AD)
....nd unless this is done the LESSOR will not be bound to recognise or accept any person as LESSEE of the demised property in place of the transferor." 12. We find from the impugned resolution of the Board of Trustees of RAJUK dated 29.9.88 that one Abdur Rahman addressed a compla......bsolute and it is hereby directed that the name of the appellant be mutated in place of the original lessee Md. Abdul Matin, in the relevant registers and papers of the respondents. Ed. ..Category: Property Law | Date: | Hits: 110
Bangladesh Freedom Fighters Welfare Trust and another Vs. Md. Momtazul Hossain, 1992, 21 CLC (AD)
....make appointment to such post or class of posts; ................................... The following new Article, Article 11A was inserted by Ordinance No. LXIV of 1983: "11A. The Board may, by resolution, delegate such of its powers and functions to the Managing Director or any other officer ...... decided the matter will have no effect so far as the instant matter is concerned. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 44 DLR (AD) 273, 1992 BLD (AD) 199. ..Category: Employment/Service Law | Date: | Hits: 93
Abdur Rashid Vs. Momtaz Ali Karikar and others, 1992, 21 CLC (AD)
.... Single Judge of the High Court Division is liable to be set aside and the pre‑emptor is entitled to pre‑emption. In the result the appeal is allowed without cost, Ed. ......re‑emptor is a co‑sharer and entitled to pre‑emption. 6. Admittedly, the pre‑emptor was a co‑sharer by purchase by his kabala dated 28.11.62 and there is also no dispute that respondent No. 2 executed the Muktipatra (deed of release), under pre‑emption o..Category: Property Law | Date: | Hits: 106
Bashir Ahmed Vs. Bangladesh Jute Mills Corporation and others, 1992, 21 CLC (AD
....the appellant reasonable opportunity to defend himself. There is no scope whatever for court's interference with the authority's finding. The appeal is therefore dismissed. No cost. Ed. ......hows that these were not applicable to the BJMC's employees prior to that date. 4. I shall now see whether the principle of natural justice was followed in the appellant's case. There is no dispute that in the absence of any statutory rules framed by the Government under Article 24 or reg..Category: Employment/Service Law | Date: | Hits: 67
Managing Director, Rupali Bank Limited and others Vs. Tafazal Hossain and others, 1992, 21 CLC (AD)
....matter the decree passed in the suit is void. The result, therefore, is that this appeal is allowed, the impugned decree is set aside and the suit is dismissed. No order as to cost. Ed. ......ich it has been held that employees of statutory corporations, such as Janata Bank, are not governed by 'master and servant law' and that they may maintain a suit before a Civil Court. There is no dispute that law of master and servant' is not applicable to an employee of a statutory corporatio..Category: Administrative Law | Date: | Hits: 130
Sonali Bank and others Vs. Gazi Abdur Rashid and others, 1992, 21 CLC (AD)
....not allowed but we allow interest on the decretal sum of Tk. 15,39,300.00 @ 7.1/2% per annum from the date of the institution of the suit upto the date of decree of this Court. Ed. ......efendant No. 6 Serajul Huq as first party claimed to be the importer of the, Consignment in question. The plaintiff as first party claimed himself to be the importer. Defendant No. 7 as third party disputed the claim of the first party. The disputed was referred on mutual agreement to arbitratio..Category: Business or Commercial Law | Date: | Hits: 99
Abdus Samad @ AKM Abdus Samad and others Vs. The State, 1992, 21 CLC (AD)
.... with the finding of fact. The petition is dismissed. The order of conviction and sentence is maintained with the modification that it is under section 148 of the Penal Code. Ed. ......302 of the Penal Code fell through, the conviction of the petitioners under section 149 for the rioting cannot stand in the absence of a specific charge under this section. Learned Counsel does not dispute the legal position that under sections 236 and 237 of the Criminal PC, a person, charged wi..Category: Criminal Law | Date: | Hits: 59
Abul Khair Vs. The State, 1992, 21 CLC (AD)
....on Parishad who arrived earlier in the office. Then came PW 5 Abul Hossain, an inhabitant of Char Ruhita, followed by the deceased Chairman, who started perusing notices of monthly meeting and the resolution book for his eventual signature. The three accused persons, Abul Khair, Mosharraf Hossai......elay will merit such commutation. We find no compelling extenuating circumstance in this case and therefore find no ground whatsoever to interfere. The petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 61
State Vs. Divisional Special Judge, Khulna Division and anr, 1992, 21 CLC (AD)
.... aside and it is held that the Senior Special Judges got power to transfer the cases which they had earlier transferred to the Divisional Special Judge. The appeal is allowed. Ed. ...... Judges of the High Court Division have taken the view that the territorial jurisdiction of the Divisional Special Judge is wider than that of the Senior Special Judge, say of Khulna. There is no dispute that the territorial jurisdiction of the Divisional Special Judge is wider as it covers all..Category: Criminal Law | Date: | Hits: 118
BD Chemical Industries Corporation & another Vs. M/s Sattar Match Works & ors, 1992, 21 CLC (AD)
....a period of six months from the date of filing of the application. Civil Appeal No. 36 of 1991 is dismissed. There will be no order as to cost in either of the appeals. Ed. ......he appellants therein are respondent Nos. 1 and 2 in Civil Appeal No. 36 of 1991 along with the Registrar of Trade Marks and the Government as respondent Nos. 3 and 4. 4. The contest for the disputed trade mark "Cock" between the BCIC (representing Ujala Match Factory) and the n..Category: Intellectual Property Law | Date: | Hits: 227
Shamsuddin Ahmed, Advocate Vs. People's Republic of Bangladesh, 1992, 21 CLC (AD)
.... Advocate of the Appellate Division of the Bangladesh High Court from 3.8.72 and of the Appellate Division of the Supreme Court from 16.12.72. The Appeal is allowed. No cost. Ed. ......on of the High Court and then in the Appellate Division of the Supreme Court. They have also agreed with appellant that the General Clauses Act is also applicable in his case. 9. There is no dispute that the appellant was entitled to practise in the High Court of Bangladesh. But dispute a..Category: Others | Date: | Hits: 92
Category: Property Law | Date: | Hits: 68
Siddique Munshi Vs. The State, 1992, 21 CLC (AD)
....e same Judge. However, departure from this practice has caused no prejudice to the appellant. 13. In the result, we do not find anything to interfere. The appeal is dismissed. Ed. ......th die Police against appellant‑Idris Fakir. PW 1 denied having any knowledge about these cases, nor was any paper in connection with those cases produced by the defence. But that there was a dispute over possession of the boro land between the parties is found to have been clearly proved...Category: Criminal Law | Date: | Hits: 69
Sec, Min of Food, Food Div., Govt. of Bangladesh, Dhaka & others Vs. M/s. MF Ltd, 1992, 21 CLC (AD)
....w that the lessee knew that the properties were liable to the octroi. 11. In the result, we find no substance in this appeal which is therefore dismissed. No order as to cost. Ed. ......ird Schedule of the Rules. 4. As we have pointed out above, octroi is leviable on any goods or animals brought into the octroi area for use or sale there‑a fact about which there is no dispute. Rule 4 of the "Octroi Rules" provides that no octroi shall be levied on goods sp..Category: Fiscal/Taxation Law | Date: | Hits: 92
Musa Ali Vs. Nur Ahmed and others, 1992, 21 CLC (AD)
....ned Advocate for the respondents and have gone through them in this case. Order of the Court. By majority decision the appeal is allowed without any order as to costs. Ed. ......the holding and landlord Badruddoza never got khas possession in the same. Defendants also assert that the subsequent patta holders namely, defendants 21‑30 did not get khas possession in the disputed land and consequently the plaintiff also did not acquire any right, title and interest in..Category: Property Law | Date: | Hits: 52
Mackinnon Mackenzie & C. (Pak.) Ltd Vs. Com. of Taxes Ctg (South) Zone, Chtg, 1992, 21 CLC (AD)
.... incurred for carrying on the business in this country. The High Court Division's answer to the question referred to is upheld. The appeal is dismissed with costs. Ed. ......esh in time immediately following independence, the explanation offered appears to us to be plausible. We are therefore inclined to accept the stand of the appellant's counsel that the expenses in dispute were incurred for the purpose of business of the appellant inasmuch as they were incurred f..Category: Fiscal/Taxation Law | Date: | Hits: 84