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Moni Begum and others Vs. Rajdhani Unnayan Kartripakha and others, 1994, 23 CLC (AD)
....ing justice in a case and whether the court will exercise such power is a matter of judicial discretion for that court. Ed. This case is also reported in: 46 DLR (AD) (1994) 154 ......ing justice in a case and whether the court will exercise such power is a matter of judicial discretion for that court. Ed. This case is also reported in: 46 DLR (AD) (1994) 154 ..Category: Procedural Law | Date: | Hits: 102
Sudhangshu Kumar Chowdhury and another Vs. Ali Hossain (Md) & ors., 1994, 23 CLC (AD)
....d so the learned Single Judge was justified in decreeing die suit. The appeal is therefore dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 151 ......iffs, which the learned Judge has rightly reversed. There is enough materials on record to hold that die relationship of landlord and tenant was established by the plaintiffs, The other findings of service of quit notice and default have clearly been held in favour of the plaintiffs by the trial ..Category: Civil Law | Date: | Hits: 134
Rekha Datta and others Vs. Chittagong Urban Co-operative Bank Ltd., 1994, 23 CLC (AD)
.... and the balance amount to be paid within 6 months from the date. There will be no order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 133 ......urendra for Rs. 10,000.00. The bank is concerned with money". This witness stated that he conducted the case on behalf of the bank but he had no personal knowledge about the service of processes. Thus the position which emerges is that these plaintiffs were minors during t..Category: Property Law | Date: | Hits: 130
Post Office High School Vs. Asgar Ali & others, 1994, 23 CLC (AD)
....t and decree of the trial Court are restored and those of the appellate Court and the High Court Division are set aside. No costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 127. ......amination. In view of a decision of the School Committee the plaintiff could not allow that student to appear in the SSC Examination. On 11 January 1987 the plaintiff was illegally suspended from his service. He challenged the order of suspension by filing the above suit. By an order dated 15 August..Category: Employment/Service Law | Date: | Hits: 101
Abdul Aziz Vs. Abdul Majid, 1994, 23 CLC (AD)
....he basic reason why a notice under section 106 of the Transfer of Property Act is mandatory in a case of eviction under the Ordinance. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 121. ......does not stay in the address given. The trial Court found that the landlord‑respondent had given the correct address of the appellant in that notice, but failed to give a decision as to whether the service of the notice was a valid service or not. However, on 18.10.84 the landlord-respondent sent ..Category: Tenancy Law | Date: | Hits: 87
AKM Nurul Alam Vs. Bangladesh, 1993, 22 CLC (AD)
....he Act itself it is to be strictly followed. With the above observations. I agree with the ultimate order of my learned brother. Ed. This case is also reported in: 46 DLR (AD) (1994) 113. ......ensive power to make any order as he deems fit, a Government servant will be entitled to the remedy available to him under the Rule 23. The Act and the Rules deal with the terms and conditions of the service in the Republic and they arc complementary to each other. They are to be construed together ..Category: Administrative Law | Date: | Hits: 129
Sonali Bank Vs. Ruhul Amin Khan, 1993, 22 CLC (AD)
....f the respondent from service from the date of the order of dismissal. CA No. 51 of 1992 is dismissed. No cost in either case. Ed. This case is also reported in: 46 DLR (AD) (1994) 85. ......competent even to vary or modify an order including an order of punishment/sentence in exercise of its powers under section 4 of the Act………………(11) An unblemished record of 22 years of service is a good ground for altering the nature of the sentence which may reduce the hardship. But ..Category: Administrative Law | Date: | Hits: 143
Sonali Bank Vs. Karnaphuli Works Ltd., 1993, 22 CLC (AD)
....ation as per the existing bank rate when the sum due to the plaintiff was ascertainable by the Court after hearing the parties. Ed. This case is also reported in: 46 DLR (AD) (1994) 55. ......l purchasers namely, the students. The plaintiff did not agree to make any reduction in the price taking the ground that even after delivery of the cars the plaintiff would be required to render free service to those cars for proper maintenance for several years. The defendant, however, unilaterally..Category: Business or Commercial Law | Date: | Hits: 128
Ramani Marak and another Vs. Jamini Marak and others, 1994, 23 CLC (AD)
....no interference. This appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 51 ...... injunction granted by the High Court Division was done on correct principles. 4. So far as the case of Mosharraf Hossain is concerned, it is to be observed, that the matter related to service, and it was observed that where the question of smooth working of public administration or..Category: Property Law | Date: | Hits: 61
Bangladesh Parjatan Corporation Vs. Mofizur Rahman and another, 1993, 22 CLC (AD)
.... delay. In the result, the appeal succeeds, the impugned judgment and order are set aside but there will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 46. ......as a manager under the Bangladesh Parjatan Corporation, briefly the Corporation, appellant No. 1. He made an application seeking retirement on special consideration. The Corporation released him from service undertaking to pay all financial benefits. But then he came in writ to complain that the Cor..Category: Employment/Service Law | Date: | Hits: 126
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....... of 1992). Judgment MH Rahman J.- On June 4, 1991 the petitioner, Rear Admiral AA Mustafa, the erstwhile Chief of Naval Staff of Bangladesh, was retired by the order of the President from his service in the Bangladesh Navy under Rule 14(5) of the Navy Rules, 1961. By an order dated July 7, 1..Category: Employment/Service Law | Date: | Hits: 107
Abdul Bari Sarker Vs. Bangladesh, 1994, 23 CLC (AD)
....d to his case. Subject to the observations made above, the Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 37 ...... petitioner was not a retired public servant but was a Judge of the Supreme Court who has ceased to be a Judge upon attaining 65 years of age and that his appointment in an office of profit in the service of the Republic could not be governed by any contract made under the Public Servants Retire..Category: Employment/Service Law | Date: | Hits: 73
Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)
....e 4(1) (Kha) and 5(2) of the impugned Rules of 1990 cannot be declared to be void as those are not violative of the fundamental rights. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 19. ...... June 1976. They also appeared before PSC for regular appointment and were so recommended and appointed on regular basis with effect from 6 August, 1977. Under the General Principles of Seniority the service of the Petitioner and respondent Nos. 6 and 7 started from this date (6.8.77); but the, peti..Category: Employment/Service Law | Date: | Hits: 97
Momtazuddin and another Vs. Yakub Ali, 1993, 22 CLC (AD)
....f limitation will remain open for decision at the hearing of the appeal and the respondent is free to take all legitimate objections. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 13. ......knowledge about the ex parte decree before the date alleged by them they will entitle themselves to relief and on their failure to do so they will go out of court. On the face of allegation about non-service of summons I do not think that an order was required to be passed condoning the delay before..Category: Procedural Law | Date: | Hits: 121
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. ......d by an employer and the other by an employee, are directed against an order of the Administrative Appellate Tribunal, dated 25 June 1992, declaring void an order of the employer terminating the service of the employee by paying three months pay in lieu of three months notice. 2. ..Category: Administrative Law | Date: | Hits: 149
Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)
....this order. The respondent Nos. 1 and 5 are directed to stop construction of the multi-storied building and to demolish the structure, if any, already constructed. Ed. ......ng authority expressly gave it power and authority to draw up a Master Plan for the City which shall, amongst others, provide for (a) a survey of the City including its history, statistics, public services and other prescribed particulars, (b) development, expansion and improvement of any area w..Category: Environmental Law | Date: | Hits: 293
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. ......eague he ceased to be the Printer. Publisher and Editor of the daily Ittefaq but even in that situation Mr. Anwar Hossain passed certain orders dated 23-1-1999, 17-8-1999 and 25-9-1999 terminating services of some employees and appointing some which amounted to taking part in the management or c..Category: Civil Law | Date: | Hits: 103
Bangladesh Shilpa Rin Sangstha (BSRS) Vs. Monowara Begum and others, 2006, 35 CLC (AD)
....ed Unnecessarily which we disapprove. 14. In view of the discussion made above, we do not find any substance in this petition. The petition is, therefore, dismissed. Ed. ...... the Daily Inquilab by the Artha Rin Adalat during the pendency of the case before it, is no notice in the eye of law is required by Article 33(1) (5) of President's Order No. 128 of 1972. Since service of notice is the primary requirement of law in disposing of a case before a Court of law a..Category: Civil Law | Date: | Hits: 95
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. ......10-30 AM on Monday, the 30th June, 2003 without fail. The Commissioner, Dhaka Metropolitan Police and the Deputy Commissioner-in-Charge of Traffic, Dhaka Metropolitan Police were directed to ensure service of the Rule upon the above named persons forthwith. The Inspector General of Police, (2) P..Category: Criminal Law | Date: | Hits: 64
Rajdhani Unnayan Kartripakha Vs. Abdul Jakir and others, 2006, 35 CLC (AD)
...., therefore, allowed. The impugned judgment and order of the High Court Division is set aside. Resultantly the suit stands dismissed. Parties do bear their respective costs. Ed. ......eeding mentioned earlier and reiterates that under such circumstances the suit is not barred. 18. He lastly submits that the statutory requirement as to mentioning of public purpose, service of notice and payment of compensation being not fulfilled the acquisition proceeding must b..Category: Property Law | Date: | Hits: 51
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