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State Vs. Md. Arab Ali, Ex-Manager, Rupali Bank and others, 2005, 34 CLC (AD)

....rt Division was in error in quashing the proceeding of the Special Case No. 12 of 1985 of the Court of Divisional Special Judge, Dhaka.  Accordingly, the appeal is allowed. Ed. ...... was the Manager of the Rupali Bank, Branch at Fakirapool while the said Bank was a nationalised Bank. Respondent Nos. 2 and 3 are the wives of the respondent No.1. Respondent No.1 was dismissed from service for resorting to corruption. He filed Title Suit No. 2 of 1989 and the same was decreed on J..

Category: Criminal Law | Date: 10 Aug, 2004 | Hits: 84

Ayub Ali Chowdhury Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)

....nbsp;                                 ......ord shows that the notices were duly served. 8. We have gone through the petition and also heard the learned Advocate on behalf of the petitioner. It appears that while the petitioner was in the service of the Islamic Foundation a notice to show cause containing several charges was issued on 30..

Category: Employment/Service Law | Date: 8 Aug, 2004 | Hits: 3

¬Bank of Credit and Commerce International (Overseas) Ltd Vs. Bangthai Electrical Industries Ltd. and others, 2004, 33 CLC (HCD)

....rculate the judgment to all banks for guidance. Parties are directed to bear their own cost. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 643. ......herefore necessarily be in terms of Cf: State of Gujarat Vs. Shantilal Mangaldass, AIR 1969 SC 634, Compensation connotes equivalency, which adequately remunerates for a loss or deprivation, or for a service rendered, though under a statutory definition, it may indicate not what constitutes, but wha..

Category: Banking Law, Corporate Law | Date: 1 Aug, 2004 | Hits: 4

SM Salim Vs. Chairman, Chittagong Club Ltd. and others, 2005, 34 CLC (AD)

....eads to support the allegation of the first party that the termination was, in fact, a victimisation for his trade union activities. These petitions are accordingly dismissed. Ed. ......pposite party­ respondent Nos. 1‑2 (Writ Petition No.2580 of 2000) before the opposite party respondent No.3 challenging the order dated 29‑6‑1999 terminating the petitioner's service from the office of the opposite party‑respondent No.1 along with a prayer for arrear ..

Category: Employment/Service Law | Date: 1 Aug, 2004 | Hits: 100

Dewan Abul Abbas Vs. Muna Haque and other, 2004, 33 CLC (HCD)

....ellant. If no deposit is made within that period the appeal stands dismissed. Let the lower Courts records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 310. ......ase in the office of the House Building Finance Corporation. At this appellant became anxious as the information given to him was not believable. In the meantime father of the plaintiffs went away in service to Saudi Arabia. Before his departure he did not pay any amount to the appellant. On 20‑12..

Category: Civil Law | Date: 28 Jul, 2004 | Hits: 6

Nurul Haque and others Vs. Abdus Salam Chowdhury and ors. 2005, 34 CLC (AD)

....ment of the High Court Division is not at all a proper Judgment of reversal. Accordingly, the same is liable to be interfered with. The appeal is thus allowed with cost.  Ed. ......ta he negotiated the transaction with Satish Kamal Sen and others. The defendant No. 1 also filed papers Exhibit Y (9) to show that he also lived at 155 Park Street, Calcutta in connection with his service. 14.  It is undisputed that DW 8 Ashraf Hossain at the relevant time was an occ..

Category: Civil Law | Date: 13 Jul, 2004 | Hits: 196

Hafez Abdus Salam Vs. Syed Fazlul Quader and another, 2004, 33 CLC (HCD)

....onnected Civil Rule 550(FM) of 2003 is accordingly, discharged with cost. Communicate the order at once. Ed. This Case is also Reported in: 57 DLR (2005) 640.     ......er rule 17 for non‑appearance of the appellant or rule 15A for non-prosecution for failure of the appellant in taking steps asked for or rule 18 for failure of the appellant in depositing costs for service of notice upon respondent, an application may be made under rule 19 for re­admission of ..

Category: Civil Law | Date: 29 Jun, 2004 | Hits: 3

Rajshahi Develop­ment Authority Vs. Sultan Ahmed, Advocate and others, 2005, 34 CLC (AD)

....ury, that has been suffered by the writ‑petitioner and is confined to thefacts and circumstances of this case only. The appeal is dismissed without any order as to costs. Ed. ......earned Counsel has further submitted that the decision referred to by the respondent reported in 42 DLR (AD) 91 is not applicable in the facts and circumstances of the present case in view of the due service of notice of such requisition and acquisition under the Emergency Requisition of Property Ac..

Category: Constitutional Law | Date: 29 Jun, 2004 | Hits: 232

Unicol Bangladesh Blocks Thirteen and Fourteen (formerly named Occidental of Bangladesh) and another V. Maxwell Engineering Works Ltd and another, 2004, 33 CLC (AD)

....ot find any reason to interfere with the judgment and order of the High Court Division.  Accordingly, the petition is dismissed.  Ed. This Case is also Reported in:56 DLR (AD) 166. ......ot find any reason to interfere with the judgment and order of the High Court Division.  Accordingly, the petition is dismissed.  Ed. This Case is also Reported in:56 DLR (AD) 166. ..

Category: Civil Law | Date: 21 Jun, 2004 | Hits: 321

Abdul Gaffar Chowdhury Vs. Joint District Judge and Artha Rin Adalat & others, 2004, 33 CLC (HCD)

.... view, not maintainable. The Rule is accordingly, discharged with cost. The order of stay granted by this Court earlier stands vacated. Ed. This Case is also Reported in: 57 DLR (2005) 138. ......oceeding of the suit and the ex parte decree obtained by the respondent bank and consequently, the ex parte judgment and decree is an irregular judgment which has to be set aside on the ground of non-service of summons upon the petitioner. He has further contended that the provision for preferring a..

Category: Banking Law | Date: 14 Jun, 2004 | Hits: 310

AHM Mustain Billah & others Vs. Bangladesh, 2004, 33 CLC (AD)

....aid appeal was heard and dismissed on merit, the Civil Petition for Leave to Appeal No. 826 of 1998 shall also stand dismissed without any order as to costs. Ed. This Case is also Reported in: ......hat the Government order as contained in Memo No. Sha.Ma (Bldhi‑2) Gesthat‑57/93/ 49(100) dated 4­-4‑94 is without lawful authority and of no legal effect and that the appellants are senior in service to respondent Nos. 2‑61. Briefly stated, the appellants' case is that the Public Service C..

Category: Employment/Service Law | Date: 23 May, 2004 | Hits: 128

National Oxygen Limited and others Vs. Additional District Judge and Bankruptcy Court, Chittagong and another, 2004, 33 CLC (HCD)

....he Bankruptcy Court is directed to dispose of the bankruptcy case expeditiously. The order of stay granted earlier by this Court Ed. This Case is also Reported in: 57 DLR (2005) 716. ......he Bankruptcy Court is directed to dispose of the bankruptcy case expeditiously. The order of stay granted earlier by this Court Ed. This Case is also Reported in: 57 DLR (2005) 716. ..

Category: Banking Law, Corporate Law | Date: 10 May, 2004 | Hits: 9

Rokeya Begum Vs. Md. Nurul Absar and others, 2004, 33 CLC (AD)

....e granted the relief prayed for. 28. In the background of the discussions made herein before we find merit in the appeals. Accordingly the appeals are allowed. There is no order as to costs. Ed. ......er passed by the Revenue Officer when on the basis of that a separate khatian was opened and rents paid by the petitioner-respondent. The non-filing of petition for mutation and non-production of the service return of the notice cannot be a ground to ignore the final order of mutation due to the fac..

Category: Property Law | Date: 25 Apr, 2004 | Hits: 42

Bangladesh Bank and ors. Vs. Zafar Ahmed Chowdhury and another, 2004, 33 CLC (AD)

....004­169 dated 26‑4‑2004 issued under section 46 of the Bank Company Act 1991 by the General Manager (in‑charge), Bangladesh Bank, Banking Regulation and Policy Division and it appears from the Supplementary Affidavit dated 15‑3‑2004 that the writ petitioner filed an appeal on 9‑3‑2004...... of requisition. It is true section 4A of the Act as inserted by Ordi­nance No. III of 1960, provides of an appeal to the Commissioner against an order of requisition within 30 days from the date of service of the order and empowers the Provincial Government to revise, either on its own motion or o..

Category: Constitutional Law | Date: 24 Apr, 2004 | Hits: 175

Agrani Bank, rep. by the Chairman, BoD, & ors. Vs. Khandaker Badrudduza, 2004, 33 CLC (AD)

.... 14. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs.  Ed. ......an inquiry was held and therein he was found guilty. The authority on receiving the inquiry report served 2nd show cause notice on the respondent, to which he replied, proposing dismissal from service and finally, on February 24, 1992 respondent was dismissed from service.  4. As..

Category: Administrative Law | Date: 6 Apr, 2004 | Hits: 130

Sec. Min. of Law, Justice & Par. Affairs & ors. Vs. Md. Borhan Uddin and ors., 2004, 33 CLC (AD)

....discussions made hereinabove we find merit in the appeal.        Accordingly, the appeal is allowed. There is no order as to costs. Ed. ......oner was appointed as Special Public Prosecutor to conduct hearing of the Session Case No. 120 of 1993 alone and, m such, he did not acquire any legal right and further terms and conditions of the service as of Special Public Prosecutor is not governed or regulated by any law and statutory rule ..

Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 201

Bangladesh Vs. Md. Amjad Ali Mridha & ors., 2004, 33 CLC (AD)

....on in quashing the proceedings of the special cases. 32. In the background of our discussions made hereinabove we find merit in all these appeals. Accordingly, the appeals are allowed. Ed. ......on in quashing the proceedings of the special cases. 32. In the background of our discussions made hereinabove we find merit in all these appeals. Accordingly, the appeals are allowed. Ed. ..

Category: Anti-Corruption Laws | Date: 30 Mar, 2004 | Hits: 74

BRTC Vs. Md. Esken Mollick and anr., 2004, 33 CLC (AD)

....as come to a correct decision and there being no error in the said judgment, the appeal has no substance. In the result the appeal is dismissed without any order as to costs. Ed. ......fe of the respondent No. 1 being ill he could not appear and prayer for time was made which being not allowed the management proceeded with the proceeding ex parte and thereafter dismissed him from service on 26‑2‑1992 effective from 27‑2­1992 and that he submitted grievance..

Category: Labour and Industrial Law | Date: 16 Mar, 2004 | Hits: 99

Chittagong City Corporation, represented by its Mayor and 3 others Vs. Md. Afzal Hossain and others, 2004, 33 CLC (HCD)

.... In the result, the Rule is made absolute with the above observations and directions. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 741.   ......loyed in a managerial capacity or otherwise, are not workers, either within the provisions of the IRO or under the Act. They are the employees of the Corporation and the terms and conditions of their service are regulated by the provisions of the Ordinance itself…. (45) In accordance wit..

Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4

Ataur Rahman (Md.) another Vs. Edruc Limited, 2004, 33 CLC (HCD)

....tainable and are therefore, liable to be dismissed. In the result, the applications are dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 337. ......x of the allegations as leveled in both applications against the respondent company is that the arrear salaries, allowances and other dues of the petitioners could not be paid by it on termination of service/retirement of service. The case of the petitioners is that they served the respondent compan..

Category: Company Law | Date: 3 Mar, 2004 | Hits: 8