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AKM Nurul Alam Vs. Bangladesh, 1993, 22 CLC (AD)
.... J AKM Nurul Alam……………..Appellant Vs. Bangladesh ………….Respondent (In Civil Appeal No. 24 of 1992) Mohammad Jahangir Kabir.......................Appellant Vs. Government of Bangladesh and Others …………..Respondents (In Civil Appeal No. 82 of 1992) U......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. ..Category: Administrative Law | Date: | Hits: 129
Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)
.... (SC) 2464 and State of Orissa Vs. BN Agarwalla, AIR 1993, (SC) 2521; Md. Eunus Vs. University of Chittagong, 44 DLR (AD) 296; Kamaphuli Works Ltd. Vs. Sonali Bank 46 DLR (AD) 55; KM Shafi Ltd. Vs. Government of Bangladesh, (1983) BLD (AD) Page 109; Chamsey Bhara Co. Vs. Jibraj Ballo Co. Ltd. (19......ree as the power to grant interest after passing of the decree vests exclusively in the court under section 29 of the Act. Ed. This case is also reported in: 46 DLR (AD) (1994) 97 ..Category: Business or Commercial Law | Date: | Hits: 98
Borhanuzzaman and others Vs. Ataur Rahman Chowdhury and others, 1994, 23 CLC (AD)
....h the Managing Committee was given a show cause notice having been conducted by an incompetent official the impugned order could not be sustained. 3. Section 7 of the Ordinance empowers the Government, by general or special order, to confer all or any of the powers or impose all or any of...... and circumstances of the case. We, therefore, find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 94 ..Category: Others | Date: | Hits: 89
Bangladesh Vs. Commercial Trust of Bangladesh Ltd. and others, 1994, 23 CLC (AD)
....ly duly received by the owner no order can be made for de-requisition of such acquired land……….(10) Case Referred to- Abdul Mannan Vs. Ministry of Land Administration and Land Reforms, Government of Bangladesh, 27 DLR 597. Lawyers Involved: B Hossain, Deputy Attorney‑General......ng on record to indicate that the resumption proceeding was completed by strictly following the terms of clause 7 of the deed of transfer as to re‑entry and payment of compensation to the requiring body on such re‑entry. 9. In substance the appellants have no cause resumption. They did not a..Category: Property Law | Date: | Hits: 69
Mafizuddin and others Vs. Alauddin and another, 1994, 23 CLC (HCD)
....er made by the Sessions Judge under section 439A of the Code. The application is, accordingly summarily rejected for lack of jurisdiction. Mohammad Golam Rabbani J I agree ...... the State. This responsibility of the Supreme Court is of highest importance in view of the facts that the Constitution makers gave this responsibility alone to the Supreme Court, a non political body, for this reason the Supreme Court, must be very cautious in interpreting the provisions of th..Category: Criminal Law | Date: | Hits: 76
Bangladesh Vs. Subash Chandra Das & ors, 1993, 22 CLC (AD)
....ivision in Writ Petition No. 343 of 1987). Judgment MH Rahman J.- The appeal and the two petitions were heard together and are now disposed by this judgment. The appeal, at the instance of the Government, is directed against the High Court Division's judgment and order dated November 28, 1991......formed that the Government decided not to acquire the case land of the petitioners and requested the Additional Deputy Commissioner to annul all actions taken in this regard and that if the requiring body still insisted on acquisition of land, alternative sites should be selected. In spite of the af..Category: Property Law | Date: | Hits: 64
Sonali Bank Vs. Karnaphuli Works Ltd., 1993, 22 CLC (AD)
....rt which, on consideration of evidence, ascertained it by reducing the plaintiffs claim in that case reference was made to the Interest Act, 1839 also. 9. The Interest Act, 1839 was passed by the Government of East India Company during the heyday of their rule over India, and obviously, it was i......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. ..Category: Business or Commercial Law | Date: | Hits: 128
Bangladesh Parjatan Corporation Vs. Mofizur Rahman and another, 1993, 22 CLC (AD)
....as a Journalist in the Pakistan Observer (nor Bangladesh Observer) he was selected by the Central Public Service Commission of Pakistan to the post of Assistant Director in the Department of Tourism, Government of Pakistan and he joined in the said post on 7.12.68. The Department of Tourism was abol...... 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. ..Category: Employment/Service Law | Date: | Hits: 126
Rear Admiral AA Mustafa Vs. Bangladesh, 1994, 23 CLC (AD)
....nkata Rao Vs. Secretary of State AIR 1937 PC 31, Bangladesh Small Industries Corporation Vs. Mahbub Hossain Chowdhury 29 DLR (SC) 41, JamiI Haq Vs. Bangladesh, 34 DLR (AD) 125, Md. Mujibur Rahman Vs. Government of Bangladesh and others 1992 RLD (AD) 96. Lawyers Involved: Asrarul Hossain, Senio...... 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...Category: Employment/Service Law | Date: | Hits: 107
Bangladesh Shilpa Rin Sangstha Vs. Haque Brothers (Carbide) Ltd., 1994, 23 CLC (AD)
....f Article 28 was substituted by Ordinance No. L of 1983 thus: "(ii) in Bangladesh currency at the rate of exchange prevailing on the date of payment or at such other rate as the Government may, by order, determine from time to time in this behalf". 13. It is arg......find that our judgment does not need a review. The review petitions are accordingly dismissed. No costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 39 ..Category: Banking Law | Date: | Hits: 125
Abdul Bari Sarker Vs. Bangladesh, 1994, 23 CLC (AD)
.... Mustafa Kamal J Latifur Rahman J. Abdul Bari Sarker .............................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Establishment, Government of the People's Republic of Bangladesh, Bangladesh Secretariat, Dhaka and others…......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 ..Category: Employment/Service Law | Date: | Hits: 73
Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)
....stan, 9 DLR (SC) 21 and Pravakaran Vs. State of Tamil Nadu, AIR 1987 (SC) 2117; Abdul Majid Vs. Mushafi Ahmed, 17 DLR (SC) 131: GM Southern Rly Vs, Rangachari, AIR 1962 (SC) 36 and Mohd. FaizuIla Vs. Government of Bangladesh, 1981 BLD 1; Reserve Bank of India Vs. Sahasranaman, AIR 1986, (SC) 1830; K......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. ..Category: Employment/Service Law | Date: | Hits: 97
Hosne Ara Begum Vs. Chairman, Court of Settlement and another, 1994, 23 CLC (AD)
....ance No. 54 of 1985 before the Court of Settlement, respondent No. 1, in Case No. 794 of 1987. 3. Respondent No. 1 by its judgment dated 6.8.88 accepted the contention of the respondent Government that Dr. Sadrul Hasan was not present in this country both during and after the liberat......ther ground or point has been urged by Mr. Hakim. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 9 ..Category: Property Law | Date: | Hits: 77
Bangladesh Bank and others Vs. Mohammad Abdul Mannan, 1994, 23 CLC (AD)
....hat this Article providing for "temporary service" of the Republic was not applicable to the appellant's case; secondly, it was found that the appellant being in the service of Pakistan (Government), his case was governed by Article 177 of the Constitution which like Article 181 of the...... Public Servants Retirement Act, 1974 (Act XII of 1974), and as such he is entitled to equal treatment with all other public servants in respect of terms and conditions of service under a statutory body, like the Bangladesh Bank. Regulation 12 (ii) of the Bank (Staff) Regulations, which provides..Category: Administrative Law | Date: | Hits: 149
Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)
....ating the manner in which the respondent No. 2 proposes the land in the area should be used and the Master Plan, as prepared by the respondent No. 2, having come into force with the approval of the Government under section 74(1) of the Act, 1953. Accordingly, it shall be unlawful for anyone......ondent no. 5 and the allottees of the shops. It is unfortunate to witness the close collaboration between them. It is a glaring instance where respondent No. 1, which is a very important statutory body in the environmental field and is entrusted with the duty of preserving the environment, emerg..Category: Environmental Law | Date: | Hits: 293
Sheikh Farid (Md) & others Vs. Abdul Wadud Sikder and others, 2006, 35 CLC (AD)
....g that the trial Court noticed the internal incongruity in the cartridge paper on which agreement for sale was drawn up in that the water mark in the cartridge paper was the national symbol of the Government of India and consequently, the cartridge paper was not in use in the then East Pakistan ......is lack of evidence to show that he possessed the land denying title of Karuna Moyee Dasi or her sons to their knowledge. Accordingly, the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 59
Anwar Hossain Vs. Mainul Hosein & others, 2006, 35 CLC (AD)
....Limaye vs. The Superintendent. Tihar Jail, Delhi and others AIR 1975 SC 1505; M Saleem Ullah Advocate vs. Md. Abdur Rouf, Chief Election Commissioner and others 1 BLC 229; Md. Abdur Rashid Khan vs. Government of the People's Republic of Bangladesh 6 MLR (AD) 8; Manjurul Huq vs. Bangladesh and oth......lection Appeal Board, created under the Election Rules framed under section 23 of the Trade Organisations Ordinance, 1961 was maintainable. It was held that the Election Appeal Board was a private body and not a local authority set up by any law nor does it perform any function in connection wit..Category: Civil Law | Date: | Hits: 103
Bangladesh Bank Vs. Rana Awan and others, 2006, 35 CLC (AD)
.... behalf by the Account General clearly unless the Finance Minister, after consultation with Accountant General otherwise directs in a proper case; no money can be withdrawn from the Account of the Government without an authority as contemplated in the said Rules and the appellant, in the absence...... the official(s) who was/were responsible for the default. Let a copy of the judgment be sent to the Ministry of Finance, Ministry of Works and also to the Solicitor. Ed. ..Category: Civil Law | Date: | Hits: 104
Nur Amin and others Vs. Abdul Quddus and others, 2006, 35 CLC (AD)
....t of the land described in the schedule attached to the plaint. 2. The suit was filed stating, inter alia, that land of plot No. 203 of Mouza Dakhin Musapur was recorded in the name of the Government in khas khatian No. 1, that the said plot comprises 100.80 acres of land, that Governmen......lower appellate Court. 13. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with cost of Taka 5,000. Ed. ..Category: Property Law | Date: | Hits: 51
Jainul Abedin Jamal Vs. Qais Huda and others, 2006, 35 CLC (AD)
....oned property and the Ministry of Commerce through the Deputy Commissioner, Dhaka controlled the management of the said building and the father of the writ petitioner was accepted as tenant under the Government. Accordingly, father of the writ petitioner regularly paid rent to the Government. Petiti......and the petitioner being a lessee has been occupying the premises since 1967 and before 25th March, 1971 and he has acquired the right to maintain his tenancy right even if the premises is sold to anybody. The writ petitioner on receipt of the Impugned notice approached the RAJUK and tried to know a..Category: Tenancy Law | Date: | Hits: 67
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