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A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)
....l Alam & others.............................................. Respondents (In Civil Appeal No. 17 of 1989) Judgment February 19, 1989. Result: All the Appeals are allowed. The Local Government (Union Parishads) Ordinance, 1983 (LI of 1983), sections 24 and 29 The Union Parishads ......ection is not upset. In view of this, Mr. Pal submitted that the plenary power of the Election Commission in Rule 70 should be taken as legislative recognition of such high powered constitutional body for maintaining its supervisory jurisdiction for ensuring that an election is conducted honestl..Category: Election Law | Date: | Hits: 165
Executive Engineer, Public Health, Barisal Division Vs. Mohammad Ali & ors, 1989, 18 CLC (AD)
....120 The Constitution of Bangladesh, 1972 (as amended), Article 117(2) The Administrative Tribunal Act, 1980 (VII of 1980) Further ground allowed by the Court to be urged by the appellant A Government servant discharged from service in an unauthorized manner cannot be deprived from payment......period of the plaintiffs unauthorised absence from 21.6.75 to 25.4.77. We uphold the appellate Court's order and dismiss the appeal. No costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 64..Category: Employment/Service Law | Date: | Hits: 103
Gopal Chandra Shah Vs. The Deputy Commissioner, Sunamganj & another, 1989, 18 CLC (AD)
.... by the Deputy Controller by his order dated 26.2.85. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 60. ...... by the Deputy Controller by his order dated 26.2.85. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 60. ..Category: Others | Date: | Hits: 125
....er-in-charge, Gopalganj & others.....Respondents
Judgment
September 1, 1988.
Result:
The appeal fails.
The Constitution of the People’s Republic of Bangladesh, 1972
The Local Government (Union Parishad) Ordinance, 1983 (LI of 1983), section 7(2) (g)
The provision for disq...... 1972 (Bangladesh Electoral Rolls Order, 1972) which provides for preparation of Electoral Rolls for election of representatives of people to "elective bodies" and has pointed out that an 'elective body means a body constituted by or under any law or constitutional provision consisting of member..
Category: Election Law | Date: | Hits: 212
Bangladesh Sericulture Board & another Vs. Md. Fazlur Rahman Akunjee & another, 1989, 18 CLC (AD)
....instant case has not been made upon correct judicial principles. In the result, therefore, the appeal is allowed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 25......order of injunction. 6. The learned Judge of the High Court Division upon a reference to some cases observed that the relief of temporary injunction may be granted to the employee of a statutory body who has brought an action challenging an order of his removal from service or even reversion fr..Category: Employment/Service Law | Date: | Hits: 89
Maqbul Hossain & others Vs. Bangladesh Milk Producers’ Co-Operative Union Ltd., 1985, 14 CLC (AD)
....he Milk Producers' Union which sale of milk products. General Manager is the Chief executive and it is managed by Managing Committee and controlled by the Registrar of Co-Operative Societies of the Government of the People's Republic of Bangladesh. Respondent is a registered Trade Union under the......t, therefore, this appeal is allowed and it "is remanded to the High Court Division for disposal in accordance with law. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 38. ..Category: Labour and Industrial Law | Date: | Hits: 98
Bangladesh Vs. Jalaluddin Ahmed, 1985, 14 CLC (AD)
....ting aside the award of an Arbitrator for realisation of the sum of Tk. 1, 57,756.25 from the respondent. His case was that he was appointed boat carrying contractor by the Department of Food, Government of East Pakistan for the years 1962-63 and 1963-64 under the terms and conditions as se......igh Court Division is set aside and that of the trial court is restored. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 27. ..Category: Civil Law | Date: | Hits: 111
M/s. M. M. Ispahani Vs. Sonali Bank and others, 1983, 12 CLC (AD)
....s and interest subsisting in the National Bank of Pakistan within the territory of Bangladesh. 3. After the emergence of Bangladesh as a separate State the appellant company was taken over by the Government under the Acting President's Order No. 1 of 1972. On February 2, 1972 respondent No. 7 wa...... but retaining its possession with itself, it cannot possibly lie in its mouth to deny the liability to repay the loan on the ground that the security has been lost, or destroyed or taken away by somebody by force or it had parted with its possession under compulsion……(53) The guarantor is n..Category: Civil Law | Date: | Hits: 110
Liu Ying Ping Vs. Leon Fang Ai, 1984, 13 CLC (AD)
....ll presume that you are no longer interested in the Project and the loan will be withdrawn without further reference to you". 9. Last nail on the coffin of the plaintiff's case was given by the Government itself when the property was released from the list of the abandoned property in favour o...... from this Court for a reasonable amount. In the circumstances a money decree for Tk. one lack fifty thousand is quite reasonable. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 273. ..Category: Business or Commercial Law | Date: | Hits: 114
Abdul Kader & ors. Vs. A. K. Noor Mohammad & ors., 1984, 13 CLC (AD)
....Adverse possession The Trial Court as well as the High Court Division found that the plaintiff appellants were aware of the fact that the suit land has been acquisitioned long before by the Government for accommodation of government employees. No paper whatsoever has been produced to show......s. 3-5 and defendant No. 6 is entitled to any relief. The appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 261. ..Category: Property Law | Date: | Hits: 36
Md. Joynal and ors. Vs. Md. Rustam Ali Mia & ors., 1984, 13 CLC (AD)
....ion (2) provides for that in some matters Conciliation Court will have no jurisdiction such as the case in which interest of minor is involved or in case of arbitration or the case against the Government "or Public Organization and clause (d) adds: "cases whi...... below are set aside and that of the trial Court dismissing the suit is restored. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 240. ..Category: Property Law | Date: | Hits: 42
Geeta Rani alias Shamima Khatun Vs. Bangladesh, 1984, 13 CLC (AD)
.... a child by Gouri Dasi but this is not enough to claim title by inheritance. In this view of the matter the rule was discharged. 4. Leave was granted to consider the question that the Government of Bangladesh cannot claim the property without following the procedure in case of ......ld only be denied by Gouri Dasi herself on the event of Geta Rani claiming herself as her daughter. Gouri Dasi treated Geta Rani as her daughter during her life time and now it is too late for any body else to challenge this fact. Provisions of section 92(a) have no manner of application in thes..Category: Property Law | Date: | Hits: 112
Md. Mahmudul Haque @ Muhammadul Haque Vs. Md. Shamsul Alam, 1984, 13 CLC (AD)
.... the appellant on the point of jurisdiction namely, that all action had been taken by the Company from its Chittagong office where registered office is situated and therefore in terms of Government Notification dated 22nd April, 1980 the Labour Court II, Dhaka is the proper court ......nsideration. In the result therefore this appeal is allowed. The order of the Courts below are set aside. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 179. ..Category: Labour and Industrial Law | Date: | Hits: 115
Abdul Gafur Khan & others Vs. Government of Bangladesh & others, 1984, 13 CLC (AD)
.... Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Abdul Gafur Khan & others……………….....................Appellants Vs. Government of Bangladesh & others............................Respondents Judgment Janu...... In the circumstances, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 99, 36 DLR (AD) (1984) 163, 1984 BLD (AD) 283. ..Category: Property Law | Date: | Hits: 42
Paresh Chandra Bhowmick Vs. Hiralal Nath & others, 1984, 13 CLC (AD)
....d judgment of the High Court Division is set aside and that of the District Judge is restored. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 156. ......gh his only son Rajendra who is admittedly an Indian national. Case of the appellant propounder is that Haricharan Nath, aged about 75, was attacked with partial paralysis in the right side of his body about three months before his death and that his only son Rajendra having migrated to India ab..Category: Property Law | Date: | Hits: 118
Dr. Md. Azizul Haque Khan Vs. The State, 1984, 13 CLC (AD)
....ch do not spare the kind of conduct for which he now stands convicted. The petition is accordingly dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 161. ......her rigorous imprisonment for three months. 3. Petitioner who is an M.B.B.S. was a Demonstrator in the Dhaka Medical College Hospital in 1970. He held a post mortem examination on the dead body of Nurjahan Begum @ Sultan Begum, wife of Sk. Zahid Hussain of 48, Justice Lal Mohan Das Lane..Category: Criminal Law | Date: | Hits: 58
M/s. Gannysons Ltd. & another Vs. Sonali Bank & others., 1983, 12 CLC (AD)
....1983. The Bangladesh Abandoned Property (Control, Management & Disposal) Order, 1972 (President's Order No. 16 of 1972), Article 14 Under section 14(1) any property vested in the Government shall be exempted from all legal process including seizure, distress, ejectment, attachm......8 of 1981 pending in the 3rd Court of Subordinate Judge, Dhaka, be struck down. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 146. ..Category: Property Law | Date: | Hits: 47
Asaduzzaman Vs. Bangladesh, 1983, 12 CLC (AD)
....f allotment was made in respect of the first floor of the premises. The allotment was made in favour of one Dr. Giasuddin Ahmed on December 13, 1973. By their Memo No. 2p-4-240/73 dated 12.5.75 the Government cancelled the order of allotment on the representation by the appellant that he was in po...... The order of abatement is vacated and the suit will now proceed in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 108. ..Category: Property Law | Date: | Hits: 38
Md. Muzaffar Hossain Vs. King Fishers Industries Ltd. and ors., 1984, 13 CLC (AD)
....hat the petitions were filed by the plaintiff-respondent No. 1 for directing defendant Nos. 6 & 7, that is, Bangladesh Fisheries Development Corporation, Fish Habour Complex, Chittagong and the Government through the Collector of Customs to show cause why they should not be directed to produ......stances stated above, the appeal is allowed. The order of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 102. ..Category: Anti-Corruption Laws | Date: | Hits: 113
Md. Matiur Rahman Vs. Asgar Ali & ors., 1984, 13 CLC (AD)
....ere no appeal lies, the Magistrate or Bench of Magistrates need not record the evidence of the witnesses or frame a formal charge; but he or they shall enter in such form as the Provincial Government may direct the following particulars:— (a) the serial nu......istrate was correct in passing the order of acquittal. In the result therefore this appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 91. ..Category: Criminal Law | Date: | Hits: 41
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