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Abdur Rashid Sarker Vs. Government of Bangladesh and others, 1996, 25 CLC (AD)
....hellip;………………………………………………… Appellant-Petitioner Vs. Government of Bangladesh and others …………………&hellip......ed when Martial Law was in force. Hence there is no illegality in the impugned judgment. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 99 ..Category: Administrative Law | Date: | Hits: 107
AGM, GM Office, Postal Life Insurance Dhaka and another Vs. Sheikh Mizanur Rahman, 1996, 25 CLC (AD)
....g, inter alia, that the respondent forcibly occupied the government quarter without any allotment order and he was again and again asked to vacate but on his failure to do so proceedings under the Government Servants (Discipline and Appeal) Rules, 1976 was taken against him and after observing a......udgment and order of the Administrative Tribunal is restored. The appeal is allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 97 ..Category: Administrative Law | Date: | Hits: 122
Continental Corporation (Pvt.) Ltd. Vs. Al-Haj Md. Ismail, 1996, 25 CLC (AD)
.... previous agreement dated 7.1.1981. 12. Clause (5) provides that WASA charge will be paid at the rate of Taka 60.00 only per month by the tenants along with the rent. In case of enhancement by the Government the rate will be enhanced with the consent of the tenant. 13. Rent’ has mot been de......, therefore, the appeal is allowed without any order as to cost and the impugned judgment and order are set aside. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 141, 48 DLR (AD) (1996) 90 ..Category: Tenancy Law | Date: | Hits: 82
Moqbul Ahmed and another Vs. Ahmed Impex (Pvt.) Ltd. and ors, 1996, 25 CLC (AD)
....”. Section 3(1) of the Companies Act provides as follows: “3. (1) The Court having jurisdiction under this Act shall be the High Court Division: Provided that the Government may, by notification in the official Gazette and subject lo such restrictions and con...... of the learned Single Company Judge, if so advised. The appeal is therefore allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 82 ..Category: Business or Commercial Law | Date: | Hits: 118
Government of Bangladesh Vs. A H M Amir Hossain, 1996, 25 CLC (AD)
....996) 75 ......colleges with effect from 7 May, 1979 among which Bhola College was one and it got the approval of the President for such nationalisation. In pursuance of the said Government decision the governing body of the Bhola College caused transfer of the college to the Government and the college was take..Category: Constitutional Law | Date: | Hits: 174
Raziul Hasan Vs. Badiuzzaman Khan and others, 1996, 25 CLC (AD)
.... Badiuzzaman Khan and others………………..Respondents Judgment February 1, 1996. Result: The appeal is allowed. The Constitution of Bangladesh, 1972, Article 104 i) In Government Service the question of due promotion and seniority are very important matters and a pers...... 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 under the ..Category: Administrative Law | Date: | Hits: 167
Moti Mia Vs. Ayesha Khatun and another, 1996, 25 CLC (AD)
....easonings therefor. For the reasons stated above, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 64 ......osecution and hence the kabalas are void and hence the suit. 3. The case of defendant Nos. 1 and 2 was that the plaintiff and his wife willfully caused injury on different parts of the body of defendant No.1 by a Sharp-cutting weapon for which she remained in hospital for several day..Category: Property Law | Date: | Hits: 72
Mohammad Brothers Vs. Collector of Customs and another, 1996, 25 CLC (AD)
....missions made by him before the appellate body which will not be inhibited by any observation or finding on the merit of the petitioner’s case. The petition is dismissed. Ed. ...... petitioner in pursuing the writ petition may be a good cause for entertaining the appeal beyond time and the petitioner will be free to agitate all the submissions made by him before the appellate body which will not be inhibited by any observation or finding on the merit of the petitioner&rsquo..Category: Business or Commercial Law | Date: | Hits: 111
Moinuddin (Md) Vs. Bangladesh, 1996, 25 CLC (AD)
....y binding upon the present petitioner but also upon the Court of Settlement. The learned Judges of the High Court Division rightly held that in view of the decision of the civil Courts between the Government and the present petitioner the Court of Settlement acted without any lawful authority in......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)
.... section 203 Cr. P. C. was maintainable. The complainant-respondent may take steps at first for departmental action against the appellant and thereafter may file the criminal case subject to Government sanction for prosecution against the appellant. In its present form the complainant-res......es and Departments may entail departmental action against the appellant, but it does not appear, as the report of the judicial enquiry correctly puts it, that there was any attempt to single out anybody for defamation. The High Court Division much too hastily and sweepingly arrived at a wild con..Category: Criminal Law | Date: | Hits: 60
A K Mohammad Idris Vs. Bangladesh Krishi Bank and Others, 1996, 25 CLC (AD)
....e. At that time the Bank Employees’ Provident Fund Regulations, 1961 was in force and there was Fund Regulations, 1961 was in force and there was no provision for any pension scheme. In 1979 Government approved pension scheme for retired employees of nationalised and other money-lending or......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
Golam Murtaza Bhuiyan and Others Vs. Government of Bangladesh and Others, 1996, 25 CLC (AD)
....Rahman J Golam Murtaza Bhuiyan and Others ……………………………………….Petitioners Vs. Government of Bangladesh and Others……………………&......and Co-operatives with regard to selection of a site for a permanent building of the Union Parishad-cum-Community Centre. 2. The petitioners’ case is that the office of the local Union body has been functioning for last fifty years from a centrally located place at Tebaria, within a ..Category: Property Law | Date: | Hits: 71
Government of Bangladesh Vs. Hasan Movies Ltd. and others, 1995, 24 CLC (AD)
.... is also Reported in: 48 DLR (AD) (1996) 40. ......allowed without any order as to costs. The judgment of the High Court Division stands modified only to the extent as mentioned above. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 40. ..Category: Labour and Industrial Law | Date: | Hits: 130
Principal, Chittagong Medical College and others Vs. Shahrayar Murshed and others, 1995, 24 CLC (AD)
....pugned judgment and order passed by the High Court Division. Accordingly all the appeals are dismissed without any order as to costs. Ed. This Case is also reported in: 48 DLR (AD) (1996) 33. ......given a fair opportunity to make any relevant statement putting forward his own case and “to correct or controvert any relevant statement brought forward to his prejudice.” Of course, the person, body or authority concerned must act in good faith, but it would appear that it is not bound to trea..Category: Constitutional Law | Date: | Hits: 169
Hutchison Telecom Bangladesh Ltd. Vs. BD Telegraph & Telephone Board & ors, 1996, 25 CLC (AD)
....ing BTL to operate several telecommunication systems including Cellular Mobile Telephone Service in the private sector. Eight months thereafter, i.e. on 25.3.90 BTTB issued, being empowered by the Government to do so under the Bangladesh Telegraph and Telephone Board Ordinance, 1979, a licence u......mit any illegality in discharging the Rule Nisi. 12. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 30 ..Category: Information Technology Law | Date: | Hits: 251
Bangladesh Telecom (Pvt.) Ltd. Vs. Bangladesh T & T Board & others, 1993, 21 CLC (AD)
....tition was maintainable. 13. That was a simplistic disposal of the issue and needs a deeper approach to resolve it. 14. Section 4 of the Telegraph Act, 1885 provides that within Bangladesh, the Government shall have the exclusive privilege of establishing, maintaining and working telegraphs: P......tly BTL, the writ petitioner and a private limited company, ‘entered into a written agreement on 26.7.89 (Annexure-A to the writ petition) with Bangladesh Telegraph and Telephone Board, a statutory body, shortly BTTB, respondent No.1 in the writ petition, permitting BTL to install and operate 4 ty..Category: Information Technology Law | Date: | Hits: 242
Hasina Khatoon and others Vs. Bangladesh and others, 1996, 25 CLC (AD)
....dgment and order dated 12th August, 1987 of the Court of Settlement in Case No. 377 of 1987. 2. The petitioner’s father Md. Abdul Kader built the house on the land taken from the Government as a lessee for ninety-nine years. He died on 25th March, 1971. After the liberation of......t follows that the Court of Settlement must now dispose of this matter according to law. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 13 ..Category: Property Law | Date: | Hits: 53
Government of Bangladesh Vs. Md. Jalil and others, 1995, 24 CLC (AD)
....pellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Md Abdur Rouf J Md Ismailuddin Sarker J Government of Bangladesh, represented by the Secretary, Ministry of Works ………....... 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
Bangladesh Vs. Md. Suruzzamal and others, 1996, 25 CLC (AD)
....…………..Respondents [In both the Appeals] Judgment April 27, 1995. Cases Referred to- M/s Khan Brothers Ltd. vs Government of Bangladesh 27 DLR 423, Government of the People’s Republic of Bangladesh vs. M......ut any order as to costs. Title Suit No. 339 of 1981 is dismissed and Title suit No. 69 of 1981 is decreed without costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 1. ..Category: Property Law | Date: | Hits: 61
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. ......ing Dulal in his arms from his grand mother's bed and took him to Parashullah's jute field to the south west of their homestead, that he killed Dulal with a Dao in that jute field and tied the dead body to the pitcher and threw it in river Chittra. PW 8 Rangu Mia, PW 9 Salamat Shaikh, PW 10 Gola..Category: Criminal Law | Date: | Hits: 62