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Borhanuzzaman and others Vs. Ataur Rahman Chowdhury and others, 1994, 23 CLC (AD)
.... on certain allegations under section 22 of the Co-operative Societies Ordinance, 1984, shortly the Ordinance, and appointing a new Managing Committee upto 31.1.94 with the purpose of conducting a fresh election to the Managing Committee. The five petitioners before us are the Chairman and Membe......self contained elaborate charges against the Managing Committee based on the enquiry report and the petitioner respondents did not reply to the show cause on the ground that in spite of their application on Court fee they were not supplied with a copy of the enquiry report without which the..Category: Others | Date: | Hits: 89
Bangladesh Vs. Commercial Trust of Bangladesh Ltd. and others, 1994, 23 CLC (AD)
....ose given by the learned Judges of the High Court Division, we uphold the order appealed against. The appeal is dismissed with costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 89. ......tigations over the land in question. 3. Tarini Kanta Das, the predecessor‑in-interest of respondent Nos. 2 to 5, was the original owner of 8 annas share of the acquired land. He filed several applications to the Additional Deputy Commissioner (General) Barisal on different dates, the last on..Category: Property Law | Date: | Hits: 69
Sonali Bank Vs. Ruhul Amin Khan, 1993, 22 CLC (AD)
....f the respondent from service from the date of the order of dismissal. CA No. 51 of 1992 is dismissed. No cost in either case. Ed. This case is also reported in: 46 DLR (AD) (1994) 85. ...... VII of 1981), briefly the Act. This judgment will govern both the appeals and in the discussion following parties will be referred to as in CA No. 50 of 1992. 2. On 1.6.89 the respondent filed an application before the Administrative Tribunal, Dhaka under section 4(2) of the Act, registered as C..Category: Administrative Law | Date: | Hits: 143
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 ...... Judgment: Amirul Islam Chowdhury J : These three applications under section 561A of the Code of Criminal Procedure are directed against the orders ..Category: Criminal Law | Date: | Hits: 76
Sher Ali (Md) and other Vs. State, 1994, 23 CLC (AD)
....llate Division must be obeyed without any criticism and comments as has been done in the present case. Ed. This case is also reported in: 46 DLR (AD) (1994) 67 ......bmitted under appropriate laws. The Magistrate rejected the petition thereby refusing to direct further investigation. Against this order the Informant came to the Sessions Judge with a revisional application under section 439A of the Code, and the learned Sessions Judge, by an order dated 2 Nov..Category: Criminal Law | Date: | Hits: 98
Bangladesh Vs. Subash Chandra Das & ors, 1993, 22 CLC (AD)
....ged that the Government's decision dated June 4, 1985 to annul the acquisition proceedings had the effect of wiping out the previous proceedings, and by the subsequent order dated September 4, 1985 a fresh acquisition proceeding was started after annulment, and hence either September 4, 1985 or Sept......f abatement will follow only when the Government fails to "pay" or "deposit" compensation in terms of section 10. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 63. ..Category: Property Law | Date: | Hits: 64
Sonali Bank Vs. Karnaphuli Works Ltd., 1993, 22 CLC (AD)
....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. ......n which related to the award of interest for the period prior to the award. This case is not very relevant for our purpose. The case reported in AIR 1976 (SC) 879, is a case where Interest Act had no application at all inasmuch as no interest was claimed by the plaintiff at all. But interest has bee..Category: Business or Commercial Law | Date: | Hits: 128
Ramani Marak and another Vs. Jamini Marak and others, 1994, 23 CLC (AD)
....no interference. This appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 51 ......1975 two plaintiffs, namely, Respondents I and 2 filed an appeal in the High Court Division being FAT No. 363 of 1977 and the same is still pending. In the said appeal Respondents 1 and 2 filed an application for temporary injunction restraining the appellant from interfering with their possessi..Category: Property Law | Date: | Hits: 61
Bangladesh Parjatan Corporation Vs. Mofizur Rahman and another, 1993, 22 CLC (AD)
.... 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. ......haka in Writ Petition No. 2270 of 1990.) Judgment ATM Afzal J.- Respondent No. 1 was a manager under the Bangladesh Parjatan Corporation, briefly the Corporation, appellant No. 1. He made an application seeking retirement on special consideration. The Corporation released him from service u..Category: Employment/Service Law | Date: | Hits: 126
Rear Admiral AA Mustafa Vs. Bangladesh, 1994, 23 CLC (AD)
.... 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....... Naval Staff of Bangladesh, was retired by the order of the President from his service in the Bangladesh Navy under Rule 14(5) of the Navy Rules, 1961. By an order dated July 7, 1991 the petitioner's application for review was rejected. The petitioner unsuccessfully challenged the two orders in his ..Category: Employment/Service Law | Date: | Hits: 107
Bangladesh Shilpa Rin Sangstha Vs. Haque Brothers (Carbide) Ltd., 1994, 23 CLC (AD)
....was decreed by the High Court Division. Also the matter of. rate of conversion was not argued at the time of the hearing of these appeals. The matter cannot be decided without hearing the parties afresh as to the implication of Article 28. This Court' s judgment is therefore not amenable to revi......tted for review of the judgment of this Court dated 28.3.84 passed in Civil Appeal Nos. 31 and 32 of 1993. 2. Bangladesh Shilpa Rin Sangstha, the petitioner in these two petitions, filed an application under Article 33 of the Bangladesh Shilpa Rin Sangstha Order, 1972 (President's Order N..Category: Banking Law | Date: | Hits: 125
Abdul Bari Sarker Vs. Bangladesh, 1994, 23 CLC (AD)
....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 ......dependence as well as against public policy. The Rule was discharged by the High Court Division, with some observations against a Secretary of the Government; he has now come before us with an application for leave to appeal. 2. We have heard Mr. Md. Mohsin Rashid, learned Advocate f..Category: Employment/Service Law | Date: | Hits: 73
Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)
....alify in any of the Interviews, but was regularised with effect from 30 June 1983 under the provision of the Regularisation of Ad‑hoc Appointment Rules 1983. Along with the ad‑hoc appointees some fresh candidates had also appeared in the Interview and got recommendation for regular appointment W......133 of the Constitution to make rules to determine seniority with retrospective effect. Maintainability of these writ petitions was also challenged as an alternative remedy was available by way of an application to the Administrative Tribunal having exclusive jurisdiction over such matters relating ..Category: Employment/Service Law | Date: | Hits: 97
Momtazuddin and another Vs. Yakub Ali, 1993, 22 CLC (AD)
....f limitation will remain open for decision at the hearing of the appeal and the respondent is free to take all legitimate objections. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 13. ......t, 1908 (IX of 1908), Section 5 (i) The view taken by the High Court Division in the case of Chowdhury Saifuddin Ahmen vs. Shamsuddin, 40 DLR 10 that it is not absolutely essential that a formal application must be filed for condonation of delay though approved by the Appellate Division stresse..Category: Procedural Law | Date: | Hits: 121
Wahed Ali Dewan Vs. State and another, 1994, 23 CLC (AD)
....nue to remain in the Jimma of her cider sister as affirmed by the High Court Division. The appeal is disposed of in the above terms. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 10. ......d 2.12.92, set aside the order of the learned Sessions Judge and affirmed that of the learned Chief Metropolitan Magistrate. 9. Leave was granted to consider the submissions then made (1) that the application under section 561 CrPC did not at all lie and at any rate the ‑High Court Division wro..Category: Criminal Law | Date: | Hits: 68
Hosne Ara Begum Vs. Chairman, Court of Settlement and another, 1994, 23 CLC (AD)
....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 ......er's property in the 'Ka' list. He submits that die proviso (b) to section 5(l) of Ordinance No. 54 of 1985 provides that no such list shall include any building in respect of which, inter alia, an application was pending before any Court. 6. The submission has no substance. The suit, appe..Category: Property Law | Date: | Hits: 77
Bangladesh Bank and others Vs. Mohammad Abdul Mannan, 1994, 23 CLC (AD)
....unal is set aside and that of the Administrative Tribunal is restored. Parties are to bear their respective costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 1. ......shed under the Administrative Tribunal Act, 1980 as amended up to date. The employee‑he is Respondent in Civil Appeal No. 42 of 1992 and Appellant in Civil Appeal No. 79 of 1992 then filed an application before the Administrative Tribunal (AT Case No. 350 of 1989) challenging his terminatio..Category: Administrative Law | Date: | Hits: 149
Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)
....this order. The respondent Nos. 1 and 5 are directed to stop construction of the multi-storied building and to demolish the structure, if any, already constructed. Ed. ......nt No. 1 on 30-5-1994 submitted an irregular plan for constructing ten storied commercial building without complying the provisions of Act, 1952 and without observing all the formalities; the application form for submission of plan was not purchased from the Agrani Bank, RAJUK Branch and pr..Category: Environmental Law | Date: | Hits: 293
Sheikh Farid (Md) & others Vs. Abdul Wadud Sikder and others, 2006, 35 CLC (AD)
....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. ......possession on the basis thereof does not fit in with the ratio decidendi of the case reported in 16 DLR (SC) 287, referred hereinbefore and, as such, decision made in the said case has no manner of application in the instant case. The decision reported in 16 DLR (SC) 287 shows that the ratio of t..Category: Property Law | Date: | Hits: 59
Selim (Md) and others Vs. Syedul Haque Chowdhury and others, 2006, 35 CLC (AD)
....nt case. 8. We do not find any illegality or infirmity in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. ......tagong on 20-8-1990. 3. The preemptor respondents claimed themselves as co-sharers by purchase and the pre-emptee petitioners as strangers. Subsequently, the preemptor respondents made an application for return of the original application on the ground that the Second Court of Subordina..Category: Property Law | Date: | Hits: 68
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