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Begum Shamsunnahar Vs. Government of Bangladesh, 2006, 35 CLC (AD)
.... and non-consideration of the materials on record arrived at an erroneous decision requiring interference by us. Accordingly, the appeal is allowed without any order as to costs. Ed. ......d 20-11-1994 was lodged against appellant under sections 406/409/109 of the Penal Code read with section 5(2) of the Prevention of Corruption Act, 1947, she was removed from service in terms of the conditions of her appointment letter dated 2-10-1994. It is undisputed that in the app...... Amin J MM Ruhul Amin J Md. Tafazzul Islam J Begum Shamsunnahar..................Appellant vs Government of Bangladesh represented by the Secretary, Women and Children Affairs &. others..............Respondents Judgment June 14th, 20..Category: Administrative Law | Date: | Hits: 128
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
.... down the Repealing Ordinance as void under Article 7(2) of the Constitution in the face of clear constitutional mandate of Article 8(2). Ed. This Case is also Reported in: 44 DLR (AD) 319. ...... Re‑organization) (Repeal) Ordinance, 1991‑Ordinance No. 37 of 1991, on the ground that this Ordinance is inconsistent with Articles 9, 11, 59 and 60 of the Constitution and as such it is void in terms of Article 7(2) of the Constitution. Among other things, they alleged that Article 9 requires ......o. 118 of 1992) Vs. Bangladesh, through the Secretary, Ministry of Local Government, Rural Development & Co-operaÂtive, (Local Government Division), Government of Bangladesh, Dhaka and anr...............Respondents (In all the Cases) Judgment July 30, 1992. Cases ..Category: Constitutional Law | Date: | Hits: 655
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. ......4,800.00 (Tk. 34,00,000.00 for earth work and Tk. 51,54,800.00 for construction work) (Taka eighty five lakh fifty four thousand and eight hundred) only, as per enclosed schedule of rates, drawing, terms and conditions of contract." The Schedule of items contained item No. 1 which has a......e Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Mohammad Eunus and Brothers (Pvt) Ltd. ........................Appellant. Vs. Registrar, University o..Category: Alternative Dispute Resolution | Date: | Hits: 202
Qazi Karnal Vs. Rajdhani Unnayan Kartripakha and another, 1992, 21 CLC (AD)
....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. ......e transferee mentioning the consideration amount of Tk. 9,00,000.00 and (iii) in the said registered deed of transfer a clause to be included to the effect that the transferee will abide by all the terms and conditions of the lease deed already executed and registered between the former DIT and .........................................Appellant [In both the appeals] Vs. Rajdhani Unnayan Kartripakha and another .....................Respondents [In both the appeals] Judgment Au..Category: Property Law | Date: | Hits: 110
State Vs. Montu alias Nazrul Haque & others, 1992, 21 CLC (AD)
....ntu is directed to surrender to his bail bond to serve out the sentence now imposed on him. Criminal Petition No. 30 of 1988 is disposed of in terms of Criminal Appeal No. 2 of 1989. Ed. ......o award the same punishment to them so as to bring them to the prison. They are therefore sentenced to the period they had already served. The appeal is allowed with the findings and in the terms as mentioned above. Accused Mantu is directed to surrender to his bail bond to serve out the ......p;……………………..Petitioner. Vs. Montu @ Nazmul Huq and others……………………………&h..Category: Criminal Law | Date: | Hits: 93
Bangladesh Freedom FightÂers Welfare Trust and another Vs. Md. Momtazul Hossain, 1992, 21 CLC (AD)
.... 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. ...... appointing authority under Article 11 of that Order. Article 11 was amended by Ordinance No. XXXVIII of 1976 in the following manner: "The Board may appoint or employ, in such manner and on such terms and conditions as may be approved by the government such officers, advisers and employees as i......Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh Freedom FightÂers Welfare Trust and another.....................Appellants Vs. Md. Momtazul Hossain...........................Category: Employment/Service Law | Date: | Hits: 93
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. ......including the decree of the Civil Court suffers from Coram Non Judice in view of the Administrative Tribunals, Act, 1980, which has ousted the Civil Court's jurisdiction in all matters relating to terms and conditions of service of persons in the service of the Republic or of any statutory auth...... Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J Mustafa Karnal J Latifur Rahman J Managing Director, Rupali Bank Limited and others…………….Appellants Vs. Tafazal Hossain and ..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. ...... please send the documents (to) your Khulna Branch for clearance against Indemnity bond against deposit of Tk. 7,00,000.00 seven lacs by us to your Khulna Branch. Duty and other terms and charges will be paid by me. On clearance that goods be stored at Khu......eme Court Appellate Division (Civil) Present: MH Rahman J Mustafa Kamal J Latifur Rahman J Sonali Bank and others ......................................Appellants Vs. Gazi Abdu..Category: Business or Commercial Law | Date: | Hits: 99
Manik Chand Bibi @ Rezian Nahar & anr Vs. Abdul Mutakabbir Chy @ Sufi Mia Chy, 1992, 21 CLC (AD)
.... person entitled to execute the decree and that stage did not reach fill then. Hence, the impugned order is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: ......died leaving the appellants and the respondent as heirs along with others. The appellants' case was that, the heirs of Shamsu Mia Chowdhury decided to partition the properties left by him amicably in terms of which a Swaranlipi dated 30th March, 1980 was executed by the respondent and his mother Noo...... This Case is also Reported in: ..Category: Limitation Law | Date: | Hits: 175
Habibur Rahman Vs. Sree Jogiswar Roy Chowdhury Chand and others, 1992, 21 CLC (AD)
....is outside of the net. For the above reasons we find no ment in the appeal. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 247. ......unt under which the deposit may be made, as argued by Mr. Pal, but we find that Ext. 1 and Ext. Al taken together are not the kinds of contract rescission of which may be adjudged by the Court on the terms stipulated therein. The two contracts have not been made either voidable or terminable at the ...... Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latufur Rahman J Habibur Rahman being dead his heirs Saleha BeÂgum and other ...................Appellants Vs. Sree Jogiswar Roy Chowdhury Chand and others……..Category: Property Law | Date: | Hits: 82
Guiness Peat (Trading) Limited Vs. Md. Fazlur Rahman, 1992, 21 CLC (AD)
....thin the jurisdiction of the court where the plaint was filed. We find no good ground to interfere with the concurrent order of the courts below. The appeal is dismissed with costs. Ed. ......7 Dacca 190 for the proposition of law that a plaint may be rejected under the inherent jurisdiction of the court where the suit is impliedly barred. In that case the suit for declaration that the terms and conditions imposed upon the service of the members of the plaintiff Union by defendant No...... The appeal is dismissed with costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 124
....tice will be sufficiently met if the unconditional apology of the appellant is accepted and the sentence remitted. It is ordered accordingly.
The appeal is disposed of in the aforesaid terms.
Ed....... ends of justice will be sufficiently met if the unconditional apology of the appellant is accepted and the sentence remitted. It is ordered accordingly.
The appeal is disposed of in the aforesaid terms.
Ed.......)
Present:
MH Rahman J
ATM Afzal J
Latifur Rahman J
Shamsur Rahman, Deputy Inspector General of Prisons, Dhaka Central Jail, Dhaka ...... ......Appellant.
Vs.
Tahera Nargis Syed and another............... Respondents
Judgment
July 28, 1991
Result:
The unconditional ..
Category: Criminal Law | Date: | Hits: 88
BD Chemical InÂdustries 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. ...... 18. At this stage it may be pointed out that by an order of the Government dated 2.7.80 (Annexure 1D P390 PB) the company M/s Bangladesh Manufacturers and Industries Ltd. was wound up on terms that all its assets and liabilities be taken over by Ws Ujala Match Factory, Shyampur and th......(Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Karnal J Latifur Rahman J Bangladesh Chemical Industries Corporation and another……………………………&..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. ...... 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. ......; Vs. People's Republic of Bangladesh, represented by the Secretary, Ministry of Law and Justice, Bangladesh Secretariat, Dhaka and another .....................Respondent Judgm..Category: Others | Date: | Hits: 92
Muhammad Muslim Ali Vs. Bangladesh and others, 1992, 21 CLC (AD)
.... found that further inquiry was held in accordance with the Rules. There is thus no substance in this petition which is dismissed after condoning the delay in filing the same. Ed. ...... aside on 12.11.86 with the observation that if the authority so desired it could reopen the departmental Proceeding from the stage of second show cause notice. The authority started the inquiry in terms of the order of the Appellate Tribunal, issued second show cause notice to the petitioner ac......; Vs. Bangladesh, represented by the Secretary, Ministry of Establishment and others……………Respondents Judgment May 2..Category: Administrative Law | Date: | Hits: 123
....eal is dismissed without any order as to costs. Four months' time from date is granted to remove the structures, machineries, etc. from the disputed land.
Ed.
This Case is also Reported in:
......3.83. On the contrary, the said Ministry gave the impression that the disputed land was absolutely held by M/s Drums Metal Ltd., but it appears that in the public notice itself it was stated that the terms of bidding and other relevant particulars might be had from the Working Group of Disinvestment......l)
Present:
MH Rahman J
ATM Afzal J
Mustafa Kamal J
Latifur Rahman J
National Engineers Ltd...............Appellant
Vs.
Director, Military Lands and Cantonment DirectoÂrate, Ministry of Defence, Dhaka Cantonment and others……………â€..
Category: Property Law | Date: | Hits: 68
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. ......ods are not at all liable to octroi because these are government properties and, after a few years produced an order of the Government to the effect that the goods are totally exempt from octroi in terms of Item No. 22 of the Third Schedule to the Octroi Rules, as referred to above. The lessee r......Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J Latifur Rahman J Secretary, Ministry of Food, Food Division, Government of Bangladesh, Dhaka and others .......... Appellants. Vs. M/s. MF Limited, a Private company limite..Category: Fiscal/Taxation Law | Date: | Hits: 92
Chanjury Talukder and another Vs. Chingneshay Magni and others, 1992, 21 CLC (AD)
....ding on the plaintiff. For all the above reasons we do not find any merit in this appeal which is dismissed without costs. Ed. This Case is also Reported in: 12 BLD (1992) (AD) 253. ...... Ga are concerned and set aside the preliminary decree for partition of item Nos. 2‑8 of Schedule ‘Ka’ land. 6. Leave was granted in this appeal on a very limited ground in the following terms: “Mr. Khandker Mahbubuddin Ahmed, the learned counsel, frankly submitted that the......ourt Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Chanjury Talukder and another .................................Appellants. Vs. Chingneshay Magni a..Category: Property Law | Date: | Hits: 52
Jogendra Nath alias Govinda Sarker Vs. Amulya Chandra Sarker and others, 1992, 21 CLC (AD)
....others. The prayer for separate saham by defendants 7, 9 and 11 was refused as the suit was dismissed. In the result, therefore, the appeal is dismissed with cost. Ed. ......e by action. In Mitra's Tagore Law Lectures on Limitation and Prescription (6th Edition) Vol. 1 Lecture VI, at Page 159, quoting from Angell on Limitation, this principle is stated in the following terms: "An adverse holding is an actual and exclusive appropriation of land...... MH Rahman J ATM Afzal J Mustafa Kamal J Jogendra Nath alias Govinda Sarker ..........Plaintiff‑Appellant. Vs. Amulya Chandra Sarker and others ..........Defendant‑Respondents. Judgment A..Category: Property Law | Date: | Hits: 77
Hussain Mohammad Ershad Vs. The State, 1992, 21 CLC (AD)
....k it appropriate to observe for out decision in the matter that the prayer for stay of delivery of judgement made on behalf of the Petitioner on. 11.1.92 after hearing of arguments was something very extraordinary and unique. It is a settled rule of procedure that the judgment should be delivered im......smissed. Stay granted by this Court on 26.1.92 is vacated. No observation in the interlocutory proceedings binds the trial Court on the merit of the case. Ed. This Case is also Reported in: ...... Deputy Attorney‑ General with him) instructed by Sharifuddin Chakladar, Advocate‑on‑Record ‑For the Respondent. Criminal Petition for Leave to Appeal No. 8 of 1992. (From the Judgment and Order dated 21.1.1992 passed by the High Court Division, Dhaka in Criminal Revision No. 120 of 1..Category: Anti-Corruption Laws | Date: | Hits: 88
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