Search Options
Judgment Advanced Search
Displaying 3661-3680 of 3806 results.
Government of Bangladesh Vs. A H M Amir Hossain, 1996, 25 CLC (AD)
.... Bangladesh, issued the aforesaid notification dated 25 March 1981 promulgating the impugned Rules, hereinafter referred to as the Rules of 1981, which was made by the President in exercise of his powers conferred by the proviso to Article 133 of the Constitution of the People’s Republic o......hellip;…..Appellant/Petitioner Vs. A H M Amir Hossain………………..Respondent [In Civil Appeal No. 52 of 1991 with Civil Petition for Leave to Appeal No. 317 of 1991] A H M Amir Hossain………………......ndent was thus adversely affected by the Rules of 1981 both in his remuneration as well as status. 7. The Government framed similar rules after nationalisation of some high schools, which is called the “Teachers and Non-Teaching Staff of Nationalised High Schools (Directorate of Seco......ating to absorption of teaching as well as non-teaching staff of nationalized colleges is under consideration on a broader perspective and will be finalised if unified decision can be arrived at a meeting of the concerned agencies. 13. The respondent filed a reply to the affidavit-in-oppo..Category: Constitutional Law | Date: | Hits: 174
Raziul Hasan Vs. Badiuzzaman Khan and others, 1996, 25 CLC (AD)
....e 104 of the Constitution. It will not be out of place to say that Article 32 (2) of the Constitution of India invests the Supreme Court of India not only with the writ jurisdiction but also with the power to issue directions, orders or writs in any matter. Thus the Indian Supreme Court possesses or...... Govt. Service always thinks that if he performs his duty with honesty, sincerity and dedication his promotion and seniority is secured………………(14) ii) Whenever a gross injustice is done to anybody for no fault or laches of his own and no remedy is available to the aggrieved person unde...... delay of the appellant in filing the Administrative Appellate Tribunal appeal but also found that the question of delay in filing the case itself by respondent No. 1 remained undecided though specifically the bar of section 4(2) of the Administrative Tribunal Act was raised. 8. Mr. KZ Alam, lea......nt and hearing respondent No. 1 and the appellant afresh. The other parts of the Tribunal’s order will remain and not be reopened. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 71. ..Category: Administrative Law | Date: | Hits: 167
Managing Director, Rupali Bank Ltd. Vs. Md. Nazrul Islam Patwary & others, 1996, 25 CLC (AD)
.... who is employed mainly in a managerial or administrative capacity; or who, being employed in a supervisory capacity, exercises, either by nature of the duties attached to the office or by reason of power vested in him, functions mainly of managerial or administrative nature. Considering the nature...... (AD) (1996) 62. ......ide the order of termination on merit has been upheld upto the High Court Division. As a result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 62. ......ide the order of termination on merit has been upheld upto the High Court Division. As a result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 62. ..Category: Labour and Industrial Law | Date: | Hits: 152
Moinuddin (Md) Vs. Bangladesh, 1996, 25 CLC (AD)
....s defendants for a declaration that the disputed property was not an abandoned property and that he has right, title and interest thereon on the basis of a registered deed of agreement and general power of attorney and for recovery of possession was dismissed on contest. The appeal of the petiti......gment November 26th, 1995 Lawyers Involved: TH Khan, Senior Advocate, instructed by Md. Aftab Hossain, Advocate Record—For the Petitioner. AW Bhuiyan, Additional Attorney General instructed by Mvi. Md. Wahidullah, Record—For the Respondent No. 1. Not......he petitioner. Thus the impugned judgment and order warrant no interference. The petition is ,therefore, dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 56 ......he petitioner. Thus the impugned judgment and order warrant no interference. The petition is ,therefore, dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 56 ..Category: Property Law | Date: | Hits: 58
Yusuf A Hassan Vs. KM Rezaul Firdous, 1996, 25 CLC (AD)
....n 205(1) CrPC. The scope of enquiry of the, High Court Division was limited to the question as to whether in the facts and circumstances of the case the Chief Metropolitan Magistrate exercised his powers under section 203 CrPC properly or not, but the High Court Division prejudiced the appellant......ellip;…………………………………… Respondent Judgment December 14th, 1995 Cases Referred to- Abdus Salam Master vs. State, 35 DLR 140; Abdus Salam Master vs. State, 36 DLR (AD) 58; ......of the learned Sessions Judge are set aside and the order of the Chief Metropolitan Magistrate dated 10.5.94 is affirmed. Ed. This case is also reported in: 48 DLR (AD) (1996) 53 ......of the learned Sessions Judge are set aside and the order of the Chief Metropolitan Magistrate dated 10.5.94 is affirmed. Ed. This case is also reported in: 48 DLR (AD) (1996) 53 ..Category: Criminal Law | Date: | Hits: 60
Khalequzzaman (Md) Vs. Md. Illias and others , 1996, 25 CLC (AD)
....and their learned Advocate were strangers in Manikganj. It is submitted when the safety and security of the accused and their learned Advocate were at stake the High Court Division did not lack any power to pass the impugned order. In Md. Sirajul Islam & others vs. Keramat Ali Bhuiyan & ......e appellant on 17 November, 1992 a case was started and the Police submitted charge sheet against the respondent on a December 1993 under Section 341/325/427/109 of the Penal Code, Respondents No.1 to 3 filed in the High Court Division an application under section 526 of the Code of Criminal Pro......le of adjudication ‘hear the order side’. The appeal is allowed and the impugned order, transfer is set aside. Ed. This case is also reported in: 48 DLR (AD) (1996) 52 ......le of adjudication ‘hear the order side’. The appeal is allowed and the impugned order, transfer is set aside. Ed. This case is also reported in: 48 DLR (AD) (1996) 52 ..Category: Criminal Law | Date: | Hits: 63
W B Industrial Corporation Ltd. and others Vs. Deen Mohammad Rana and another, 1996, 25 CLC (AD)
....ed 22 February 1990, the Bank informed the plain that the industry had already been sold to respond No. 1 for a sum of Taka 60,00,000.00 only. The sale was fraudulent and collusive. The Bank had so power under the law to take resort to the provision of Article 34 of the Bangladesh Shilpa Bank Or......;Petitioners Vs. Deen Mohammad Rana and another …………………….Respondents Judgment June 2nd, 1994. Case Referred to- Nur Mohammad and others vs. Moulvi Mainuddin Ahmed & others 39 DLR (AD) 1. L......laintiff No. 1 took loan from the Bangladesh Shilpa Bank for a sum of Taka 1,22,58,702 during the period from December 1979 to June 1981 and repaid altogether a sum of Taka 45,2 1 lakh. The Bank recalled the entire loan with interest under Article 32 of the Bang Shilpa Bank Order. By a notice, d...... place it before us. They have failed to assail the above findings of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 50 ..Category: Business or Commercial Law | Date: | Hits: 107
A K Mohammad Idris Vs. Bangladesh Krishi Bank and Others, 1996, 25 CLC (AD)
....e Appellate Tribunal are set aside and those of the Administrative Tribunal are restored. The appeal is allowed with cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 48 ......ployees of nationalised and other money-lending organisations. The scheme was introduced in the Sonali Bank in 1981 and in the Bangladesh Bank in 1983. Respondent No. 1, the Bangladesh Krishi Bank took long time in preparing necessary papers for the scheme. It was after the retirement of the app......be taken it could be returned or adjusted. 5. On 22 October, 1989 the appellant reiterated his claim for pension. He stated that in the last week before his retirement he made a courtesy the call on the Deputy-Director of the Bank’s Administration Department and orally expressed his ......e Appellate Tribunal are set aside and those of the Administrative Tribunal are restored. The appeal is allowed with cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 48 ..Category: Employment/Service Law | Date: | Hits: 150
Moudud Ahmed Vs. State, 1996, 25 CLC (AD)
....mmending that the President direct the then DIT to issue a Letter of Allotment to the said Company. The then President knowing fully well that the allotment was illegal and outside the purview of his power gave a written order to the then DIT to issue a letter of allotment of the said plot to the sa...... November 2nd, 1995 Lawyers Involved: Rafiq-ul-Huq, Senior Advocate (Azizul Advocate with him) instructed by Md. Hossain, Advocate-on-Record— For the Petitioner. AW Bhuiyan, Additional Attorney General instructed by Sharifuddin Chaklader, on-Record—For the Respondent. Criminal Peti......ainst the petitioner rises or falls along with the rise and fall of the summary dated 12.1.87, As already observed the learned Third Judge has found other materials on record which prima facie can be called in aid in support of the prosecution allegation against the petitioner. We are not concerned ......ch stands settled by various previous decisions of ours. 17. We therefore find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 42 ..Category: Anti-Corruption Laws | Date: | Hits: 105
Principal, Chittagong Medical College and others Vs. Shahrayar Murshed and others, 1995, 24 CLC (AD)
.... by just means” the Courts insist that the person or authority should have adopted the above “elementary and essential principles” unless the same had been expressly excluded by the enactment empowering him to so act. 30. In saying this we are not unmindful of the necessity of maintaining ......No.73 of 1994) Rabiul Karim …………………………Respondent (In Civil Appeal No.74 of 1994) Judgment June 15, 1995. Result: All the appeals are dismissed. Cases Referred to- Ridge vs. Baldwin (1964) AC 40 (Law Reports 1964) & 16 DLR (SC) 722. Lawyers Involve......e College for good. The Principal, however, thought it necessary to get the approval of the Academic Council for the decision taken in the Disciplinary Committee and immediately a Council meeting was called at 8-30 PM. The said meeting of the Academic Council started with the Principal in the Chair ...... and opened fire indiscriminately, as a result of which a doctor and two outsiders were killed and several doctors and students were seriously injured. 4. Within two hours of the incident a joint meeting of the Academic and Staff Council of the Chittagong Medical College was held in the College ..Category: Constitutional Law | Date: | Hits: 169
Bangladesh Telecom (Pvt.) Ltd. Vs. Bangladesh T & T Board & others, 1993, 21 CLC (AD)
....permission from BTTB. Pursuant to and as set out in detail in the Agreement BTTB issued a licence dated 25.3.90 (Annexure B) in favour of BTL under section 4 of the Telegraph Act, 1885 giving BTL all powers, authorisations, consents and permissions to provide, operate and maintain the aforesaid comm......………Respondents (In Civil Appeal No. 3 of 1993) Judgment April 19, 1993. Result: Civil Appeal No. 73 of 1992 is allowed. Civil Appeal No. 3 of 1993 is dismissed. Cases Referred to- Mohinder Singh vs. Chief Election Commissioner, AIR 1978 (SC) 851; Joseph Vilangandan vs. Exe...... Telephone Exchange. The cellular radio telephone system became operational by January 1991 and in order to inter-connect the Uttara cell site and Maghbazar cell site BTL applied for inter-connection called Public Switch Tel. Network, shortly PSTN. BTTB issued a demand note for nearly Taka 41 lakh w......nt and the entire project was jeopardised respondent No.3 offered to buy BTL’s assets including its share in joint venture company but having been unsuccessful in this regard respondent No 3 held a meeting of the Board of Directors of HBTL in Hong Kong to enable Mr. Sahjad Ali to attend the meetin..Category: Information Technology Law | Date: | Hits: 242
Kamiruddin and others Vs. Md. Mokshed Ali Biswas and others, 1996, 25 CLC (AD)
....ceiver and appointed the Circle Officer (Revenue) Sailakupa as the receiver of the property till disposal of the civil revision case, on the grounds that appointment of receiver is a discretionary power of the Court and that the property in suit was under the management of the receiver for a lon......rt of the Subordinate Judge, Jhenidah. That suit was dismissed but on appeal by the respondents being Title Appeal No. 158 of 1964 the appellate Court allowed the appeal and sent the suit on remand to the trial Court and thereafter the learned Subordinate Judge decreed the suit ex parte on 27.8....... be set aside. In the result the appeal is allowed and the impugned order set aside without any orders as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 14 ...... be set aside. In the result the appeal is allowed and the impugned order set aside without any orders as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 14 ..Category: Property Law | Date: | Hits: 61
Government of Bangladesh Vs. Md. Jalil and others, 1995, 24 CLC (AD)
....ernment in Writ Petition No. 1602 of 1988, the short question is whether the High Court Division was justified in law in interfering with the decision of the Court of Settlement in exercise of its power under Article 102 of the Constitution. 2. Facts of the writ-petitioners’ c......alil and others…….Respondents Judgment August 23, 1995. Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record — For the Appellant. ......he respondents declaring that the disputed house was rightly enlisted as abandoned building under the aforesaid Ordinance. 9. The respondents then preferred the aforesaid writ petition calling in question the judgment and order of the Court of Settlement. They repeated their case in ...... the result, therefore, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: I ADC (2004) 415, 48 DLR (AD) (1996) 10, 49 DLR (AD) (1997) 26 ..Category: Property Law | Date: | Hits: 57
State Vs. Lutfor Fakir, 1972, 1 CLC (HCD)
.... allowed to the extent of sentence only and the conviction under section 302 of the Pakistan Penal Code is maintained. The appellant is sentenced to undergo transportation for life. Ed. ...... Nurul Islam J. Habibur Rahman J. State............ Vs. Lutfor Fakir.........Accused Judgment September 25th, 1970. Cases Referred to- Emperor vs, Mst Jagia AIR 1938 Pat 308: Haji Yar Muhammad vs. Rahim Dino and others PLD ...... sent may his wife to her father's house about 10 days before the occurrence. Accused Lutfor Fakir slept in the southern bhiti hut. SBBC time after mid-night deceased Dulal's pond mother Saju Bibi called PW 2 Bano Hi and asked her whether Dulal had gone hut. Thereafter PW 2 Bano Bibi and Saju Bi...... allowed to the extent of sentence only and the conviction under section 302 of the Pakistan Penal Code is maintained. The appellant is sentenced to undergo transportation for life. Ed. ..Category: Criminal Law | Date: | Hits: 62
Rakman Ali alias Md. Rakman Ali and others Vs. Hasib Ali Chowdhury and others, 1972, 1 CLC (HCD)
....e decree in favour of all the plaintiffs or defendants as the case may be. If the said, provision be read with the provision of Order 41, rule 33, which provides that the appellate Court shall have power to pass any decree and make any order which ought to have been passed or made and to pass or ...... others ...............Appellants Vs. Hasib Ali Chowdhury and others..............................Respondents Judgment April 10th, 1970. Cases Referred to- Ahmedur Rahman and others vs. Abul Majid and ors. 14 DLR 471; Amjedali Khan vs. Raj Kuma......shmanna and others vs. Tangirala Venkateswarla 2 DLR 83 (PC). Their Lordships of the Judicial Committee of the Privy Council held in the said case to the following effect: "What is called the burden of proof on the pleading should not be confused with the burden of adducing ev......servations made above after discussing and considering all the material evidence on record. 18. In the facts and circumstances of the case, there will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 59
Rabiul Hossain Vs. Chairman, District Council Khulna and DC Khulna and others, 1972, 1 CLC (HCD)
....s petition was passed without lawful authority and has no legal effect. The petitioner is entitled to his cost of this petition which we assess at Rs. 51.00 (Rupees fifty one-only). Ed. ......Chairman of Islamkati Union Council under Article 25 (3) (b) of the Basic Democracies Order, 1959 as well as an order of the Sub-Divisional Officer, Satkhira dated 3.1.1968 directing the petitioner to make over charge of his office to the Circle Officer (Dev) Tala. 2. The facts giving ris......al also does not claim of any prior notice in respect of this report. On receipt of the letter of the Controlling Authority, the Deputy Commissioner who is also the Chairman of the District Council called a meeting of the District Council on 23.1.68. The petitioner contends that this notice was ......h they had other co-sharers at the time of disbursement of compensation money. On receipt of this letter the respondent No. 2, the controlling authority, requested the respondent No. 1 to convene a meeting to take proper step, for removing the petitioner. Thereafter, the Deputy Commissioner, Khul..Category: Others | Date: | Hits: 92
Abul Hossain and Abul Md. Vs. Amatu Md., 1972, 1 CLC (HCD)
....al under the provision of sub-section (1) of section 258. 5. As regards the first contention of Mr. Md. Jamiruddin Sircar that the learned Sessions Judge had no jurisdiction to exercise his power under section 437 CrPC, as the case against the petitioner was not exclusively triable by the......sp; Vs. Amatu Md............................Opposite Party Judgment November 9th, 1970. Cases Referred to- Panchanan Sarkar vs. Emperor, AIR 1930 Cal. 666; Lakshminarayan and others vs. Suryanar......t the station the case was transferred to Mr. A Huq, lawyer-Magistrate on 27.3.68 and he examined twelve more witnesses for the prosecution upto 1.11,68 and after close of the prosecution evidence called upon defence on 26.11.68 to supply list of DWs. Defence took some adjournments and on 20.1.6...... learned Sessions Judge directing that the petitioner be committed to the Court of Sessions for trial is set aside. Let the records be sent down expeditiously to the court concerned. Ed. ..Category: Criminal Law | Date: | Hits: 82
Kasiruddin Sarkar @ Kasiruddin Fakir Vs. The State, 1972, 1 CLC (AD)
....ppellant is set aside and he is acquitted from the charge under section 302 of the Pakistan Penal Code. He may be set at liberty at once if not wanted in any other connection. Ed. ......sp; Habibur Rahman J: This, appeal is directed against the judgment passed by the Sessions Judge, Rangpur sentencing the accused appellant kasiruddin Sarkar alias Kasiruddin Fakir to undergo transportation for life on a conviction under section 302, Pakistan Penal Code. 2...... tell from whom he had heard about it. PW 6 Gendla @ Abdul Gafur does not speak about the quarrel between the deceased and the accused in the night previous to the occurrence. Thus, there is practically no evidence to show that there was quarrel between the deceased and the accused in the night ......ppellant is set aside and he is acquitted from the charge under section 302 of the Pakistan Penal Code. He may be set at liberty at once if not wanted in any other connection. Ed. ..Category: Criminal Law | Date: | Hits: 124
Jogomaya Kundu Vs. Sudhir Kumar Kundu and another, 1972, 1 CLC (HCD)
....supra), their Lordships Mr. Justice Chitty and Mr. Justice Beachcroft have observed: "So far as the question of jurisdiction is concerned, we think that the Appellate Court had power to set it aside under section 423(d), Criminal Procedure Code, which authorises the Appellat......nbsp; Habibur Rahman J.- This was a Rule calling upon the Deputy Commissioner, Patuakhali and the opposite-parties to show cause why the order passed on 10.6.69 by Mr. Asafuddowlah, Additional Sessions Judge, sett...... Criminal Revision Case No. 481 of 1969. Judgment: Habibur Rahman J.- This was a Rule calling upon the Deputy Commissioner, Patuakhali and the opposite-parties to show cause why the ord......of restoration of possession. There is, therefore, no ground for this Court to interfere with the order passed by the appellate Court. In the result, the Rule is discharged. Ed. ..Category: Criminal Law | Date: | Hits: 66
Pronab Kumar Majumder Vs. Hatem Mondal and others, 1972, 1 CLC (HCD)
....I make no order as to costs. However, I direct the learned Munsif to dispose of the suit as expeditiously as possible. Let the records of this case be sent down expeditiously. Ed. .................Opposite Parties Judgment November 5th, 1970. Cases Referred: SN Gupta & Co vs Sadananda Ghosh & others (1959) 11 DLR 470; Jamman Mia vs Assistant Custodian of Enemy Property (1969) 21 DLR 562; Shahzada Muhd. Omar Beg vs Sultan Mohammad Khan and oth......ish a prima facie case with regard to his title and possession and that he would not suffer irreparable loss if temporary injunction be not granted in his favour. I hardly find any reason which may call for any interference with the said finding of facts arrived at by the learned Subordinate Judg......I make no order as to costs. However, I direct the learned Munsif to dispose of the suit as expeditiously as possible. Let the records of this case be sent down expeditiously. Ed. ..Category: Civil Law | Date: | Hits: 100
773772769765764763762761759757755753751744743738737735734733