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Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
....e the scope of the leave order and so we abstain from entering into it. In the result this appeal is dismissed with no order as to cost. Ed. This Case is also Reported in: 29 DLR (SC) 41. ......red tape comes into vogue even in such cases which may not be conducive to the efficient management of a commercial enterprise. The staff of a departmental enterprise consists of civil servants whose terms of recruitment and conditions of service are the same as those of the other government servant...... Case is also Reported in: 29 DLR (SC) 41. ..Category: Employment/Service Law | Date: | Hits: 170
Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)
....rder as to costs the decision of the High Court is set aside and the case is sent back to the High Court Division for treating the matter as an appeal and dispose it of accordingly. Ed. ......ioned notices were published after the amendment by Ordinance III of 1965, the learned Attorney-General has rightly abandoned the point, as the governing law will be two years average in terms of the amended law and in force before the final publication of the notification under &...... Ahsanuddin Chowdhury J Kemaluddin Hossain J D. C. Bhattacharya J Bangladesh..........................................Appellant. Vs. Abdul Mannan and others....................... Respondents Judgment Jan. 23, 1976. Cases Re..Category: Property Law | Date: | Hits: 135
Government of Bangladesh Vs. Member, Administrative Tribunal, Dhaka and others, 2001, 30 CLC (AD)
.... such writ petition. We find nothing to deviate from this opinion of this Division in the aforesaid case. Furthermore, this is not a proper case where this Division should interfere exercising the extraordinary authority under Article 104 of the Constitution. 7. In that view ......hat view of the matter, we no merit in this petition and the same is accordingly dismissed Ed. This Case is also Reported in: 53 DLR (AD) (2001) 112. ......epublic of Bangladesh represented by the Secretary, Ministry of Home Affairs, Dhaka...... ............Petitioner Vs. Member, Administrative Tribunal, Dhaka and others............................... Respondents Judgment ..Category: Administrative Law | Date: | Hits: 132
Ziauddin Ahmed and others Vs. Arab Bangladesh Bank and others, 2001, 30 CLC (AD)
....nction in the present case. Consequently, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 107. ......s no manner of application in the present case as there was no nomination by the depositors in favour of anyone. (2) The High Court was wrong in its view that under the terms of the deposit that either account holder or survivor could operate the account the Bank cou...... Latifur Rahman CJ Mainur Reza Chowdhury J Md. Golam Rabbani J Md. Ruhul Amin J Ziauddin Ahmed and others..............Appellants Vs. Arab Bangladesh Ban..Category: Civil Law | Date: | Hits: 112
Mozibur Rahman Moznu (Md) Vs. Abdul Halim and others, 2001, 30 CLC (AD)
....ide certain matters but such enquiry will not come within the purview of judicial enquiry because the power to decide judicially is different from deciding administratively. By taking resort to extraordinary jurisdiction for a writ the High Court Division will be asked to enter into a territ......ent and order of the Court Division is set aside and the writ is recalled. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 93. ......d. Ruhul Amin J Md. Fazlul Karim J Mozibur Rahman Moznu (Md)...........................Appellant Vs. Abdul Halim and others......................................... Respondents Judgment ..Category: Election Law | Date: | Hits: 124
....fore the trial court with liberty to adduce evidence.
With that observation this petition is disposed of on condonation of delay.
Ed.
This Case is also Reported in: 53 DLR (AD) (2001) 91.
......udge and Artha Rin Adalat and others.................. Respondents
Judgment
June 3, 2001.
Result:
The petition is rejected.
The Constitution of Bangladesh, 1972, Article 103
The terms and conditions of compromise are the matters of evidence and such matter may be agitated befor......y CJ
Mainur Reza Chowdhury J
Gholam Rabbani J
Md. Ruhul Amin J
Md. Fazlul Karim J
Sultana Jute Mills Limited.................... Petitioner
Vs.
Court of Subordinate Judge and Artha Rin Adalat and others.................. Respondents
Judgment
June 3, 2001.
Res..
Category: Civil Law | Date: | Hits: 109
Syed Al Nesar Ahmed, MD, United Food Complex Ltd. Vs. Nafisa Choudhury and others, 2001, 30 CLC (AD)
....eld on 3 1-12-1997 elected the respondent No. 3 as Managing Director and respondent No. 2 as Chairman of the company as suggested by Bangladesh Shilpa Rin Sangstha and by a resolution passed at an extraordinary general meeting held on 9-6-1998 the share holders amended the Articles 101(a) and 14......r authority as per Article 149 of the Articles of Association of the company and the company had refused to issue to the petitioner debentures or share worth of Taka 17, 28,488 in violation of the terms of the agreement dated 26-8-1997. The affairs of the company were being conducted and the pow......; Syed Al Nesar Ahmed, MD, United Food Complex Ltd............... Petitioner Vs. Nafisa Choudhury and others...............Respondents Judgment May 22, 2001..Category: Business or Commercial Law | Date: | Hits: 95
Bangladesh Vs. Amela Khatoon and ors., 2001, 30 CLC (AD)
....pugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 55 ......pugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 55 ...... Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Bangladesh....................... Petitioner Vs. Amela Khatoon and ors............................... Respondents Judgment ..Category: Property Law | Date: | Hits: 69
Nurul Islam and others Vs. Jamila Khatun and others, 2001, 30 CLC (AD)
.... plaintiffs. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 45. ......deration of Taka 75,000 and received the sum of Taka 5,000 as earnest money on execution of deed of agreement for sale. Defendant Nos.1 and 2 having failed to execute and register the sale deed in terms of the agreement plaintiff filed the aforesaid suit for the above reliefs. &nb......nbsp; Nurul Islam and others.................................... Petitioners ..Category: Property Law | Date: | Hits: 64
Abu Taher Vs. Abdur Razzak and others, 1995, 24 CLC (AD)
....any illegality in upholding the judgment and order of the Election Appellate Tribunal. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 160 ......f the petitioner's application dated 2.12.91 to the Manager, Kondapati Bazar Branch of the Krishi Bank, the said Branch forwarded his application for remission of the normal and penal interest, in terms of the Circular issued by the Bangladesh Bank. The petitioner paid the principal amount due t......llip;…………………………………………………Petitioner Vs. Abdur Razzak and others.............................Respondents Judgment June 1st, 1995. Law..Category: Others | Date: | Hits: 101
Shaikh Mustainul Haque Vs. Inspector General of Police and others, 1995, 24 CLC (AD)
....y further order. No costs. The impugned judgment and order arc set aside and those of the Administrative Tribunal are restored. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 157. ......hat no application in respect of an order, decision or action which can be set aside, varied or modified by a higher administrative authority under any law for the time being in force relating to the terms and conditions of the service of the Republic or the discipline of that service can be made to...... Rahman J Muhammad Abdur Rouf J Mohammad Ismailuddin Sarker J Shaikh Mustainul Haque.......................................Petitioner‑Appellant Vs. Inspector General of Police and others...................Respondents Judgment June 14, 1995. Result: The Appeal is..Category: Administrative Law | Date: | Hits: 111
Abu Taleb Vs. Government of Bangladesh, 1995, 24 CLC (AD)
....by the appellant. In that view of the matter we do not find any ground for interference. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 138......nce No. XXXVIII of 1985). About 2,000 employees of the Civil Aviation Department were transferred by the Government to the newly created Authority with the condition that they will be governed by the terms and conditions of service to be framed by the new Authority which had the effect of invalidati......iluddin Sarker J Abu Taleb.................................................................Appellant Vs. Government of Bangladesh, represented by the Secretary, Ministry of Civil Aviation and Tourism and another ……………………..................Respondents Judgment June ..Category: Administrative Law | Date: | Hits: 175
Special Reference No. 1 of 1995, 24 CLC (AD)
.... Mohammad Ismailuddin Sarker J. - I am in complete agreement with the learned Chief Justice and I have nothing more to add. Ed. This Reference is also Reported in: 47 DLR (AD) (1995) 111. ...... President People's Republic of Bangladesh 14. The advisory jurisdiction of the Supreme Court has its origin in the Government of India Act 1935, Section 213 of which is almost in the same terms as in Article 106 of our Constitution providing for Reference to the Federal Court by the Gove......Ismailuddin Sarker J (Special Reference No. 1 of 1995) Judgment July 24, 1995. The Constitution of Bangladesh, 1972, Article 106In our view, walkout, consequent period of non return and boycott, call it by whatever epithet, mean the same thing, i.e. absent as provided in Article 67..Category: Constitutional Law | Date: | Hits: 248
Sadharan Bima Corporation Vs. Sanjib Kumar Das & another, 1995, 24 CLC (AD)
....nterpretation given by the High Court Division, we dismiss the appeal for the reasons above without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 97 ......each of utmost good faith. It is evident from the survey report, it was alleged, that the cause of fire was other than an accidental fire, Besides, for commission of several other acts of breach of terms, conditions and warranties of the policy the plaintiff disentitled himself to any claim whats...... February 23rd, 1995 Cases Referred to- Roul Colinvaux in The Law of Insurance, 3rd Edition, 1970 at page 25; Black's Law Dictionary, 4th Edition, page 49; Halsbury's Laws of England, 3rd Edition, Vol. 1, at page 2; AN Ghose vs. Reliance Insurance Company, AIR 1934 (Rangoon) 15..Category: Business or Commercial Law | Date: | Hits: 114
Lt. Col. (Retd) Nazimuddin Ahmed Vs. Bangladesh and Others, 1995, 24 CLC (AD)
....Court Division, we uphold the order impugned in the writ petition. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 87 ......se of the Ministry of Establishment, respondent No.2, is that the appellant was appointed as Director of the BOGMC by the Ministry of Establishment Division for 3 years (in contract basis with some terms and conditions as agreed between the parties in accordance with the circular of the Ministry...... Present: M H Rahman CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J Lt. Col. (Retd) Nazimuddin Ahmed ................Appellant Vs. Bangladesh and Others...............................Respondents Judgment April 30th, 1995. ..Category: Employment/Service Law | Date: | Hits: 117
C Q M H Md. Ayub Ali Vs. Bangladesh and others, 1995, 24 CLC (AD)
....ied upon and further that there has been a failure of fair trial in the Court of Settlement which arrived at its conclusion in violation of the principles of natural justice. ......, as such, the existence of such a decree cannot be pleaded as a bar for inclusion of the building in the list. 27. As for the appeal in Mr. Farooqui's case we find upon examination of the terms of Proviso (b) that the same is not covered by the said terms. A suit or appeal to be covered...... Muhammad Habibur Rahman CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J C Q M H Md. Ayub Ali ..............................Appellant Vs. Bangladesh and others ........................Respondents [In Civil Appeal No. 80 of 19931] Mrs. Laila..Category: Property Law | Date: | Hits: 86
Bangladesh Road Transport Corporation Vs. Aminur Rahman & another, 1995, 24 CLC (AD)
..... 7. In the circumstances, we do not think it to be a fit case for interference. The Petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 66 ......olourable exercise of power. 3. The petitioners denied the allegations and stated further in their affidavit‑in ‑opposition that the service of respondent No. 1 was terminated in terms of Regulation No.55(2) of the Bangladesh Paribahan Karmachari Probidhanmala, 1990 which auth......e, Supreme Court, instructed by Mvi. Md. Wahidullah, Advocate‑on‑Record ‑For the Respondent No. 1. Civil Petition for Leave to Appeal No. 146 of 1993 (From judgment and order dated 4th January, 1993 passed by the High Court Division, Dhaka in Writ Petition No. 114..Category: Employment/Service Law | Date: | Hits: 101
Samsun Shipping Corporation Vs. Hossain and Sons and others, 1995, 24 CLC (AD)
....e any relevance to the matter in issue. We do, not find any ground to interfere. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 31 ...... the Charter Party Agreement in the space provided for in the box at page 2 of the bills of lading and therefore condition No. 1 provided on the overleaf of the bills of lading containing that all terms, conditions, etc. of the Charter Party dated as overleaf, are herewith incorporated, has no a...... (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Samsun Shipping Corporation.................Petitioner Vs. Hossain and Sons and others...............Respondents Judgment October 31 st, 1994 Cas..Category: Admiralty Law or Maritime Law | Date: | Hits: 228
Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)
....arned brother ATM Afzal J. Order of the Court By the majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ...... public. The Board of Trustees of respondent No. 2, the highest decision‑making body of the Kartripakkha, in its meeting held on 4.10.78 (Annexure‑A) approved of the said project in the following terms: “১৫। মহুয়া গৃহায়ন সমিতির জমি হুকু...... J ATM Afazl J Mustafa Kamal J Latifur Rahman J Grihayan Limited.........................Appellant Vs Government of Bangladesh, through the Secretary, Ministry of Public Works and Urban Development, Bangladesh Secretariat, Dhaka and others .....................Respondents ..Category: Property Law | Date: | Hits: 79
Col. Md. Hashmat Ali (Retired) of Bangladesh Army Medical Corps Vs. Bangladesh, 1995, 24 CLC (AD)
....uring the proper discharge of their duties. There is no merit in this appeal and, accordingly, it is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 01 ...... the President, unrestricted by any constitutional provision similar to those of Article 135. In the words of K Hossain, CJ in Bangladesh vs. Zahangir Hossain 34 DLR (AD) 173 at para 14 his entire terms and conditions of service, though governed by statutory rules, are at the pleasure of the Pr......ATM Afzal J Mustafa Kamal J Latifur Rahman J Col. Md. Hashmat Ali (Retired) of Bangladesh Army Medical Corps .............Appellant Vs. Government of Bangladesh and other .......................Respondents Judgment August 18th, 1994. Case..Category: Constitutional Law | Date: | Hits: 203
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