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Jamir Ali (Md) and others Vs. Secretary, Ministry of Land & others, 2000, 29 CLC (AD)
....I of 1953), Sections 79 & 93A The Acquisition and Requisition of Immovable Property Ordinance, 1982 (II of 1982), section 12 Non-payment of compensation within one year from the date of decision of the Government for acquisition of land as contemplated under section 12 of the ......3), Sections 79 & 93A The Acquisition and Requisition of Immovable Property Ordinance, 1982 (II of 1982), section 12 Non-payment of compensation within one year from the date of decision of the Government for acquisition of land as contemplated under section 12 of the Ordinanc..Category: Property Law | Date: | Hits: 94
Bangladesh and another Vs. Habib Zamil, 2000, 29 CLC (AD)
....ior Advocate (HR Sharif Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondent. Civil Appeal No. 53 of 1997. (From the judgment and order dated 12 June 1994 passed by the High Court Division in Writ Petition No. 1853 of 1989). Judg......f abandoned property was published in the official Gazette on 28 April 1986 whereas the Court of Settlement was constituted on 21 October 1986 the writ petition was maintainable. It relied on the decision in case of Begum Lutfunnessa vs. Bangladesh 42 DLR (AD) 86 in support of its view. The Hi..Category: Property Law | Date: | Hits: 73
Zenith Packages Limited Vs. Member Labour Appellate Tribunal Dhaka and others, 2000, 29 CLC (AD)
....Advocate-on-Record—For the Respondent No. 3. Not represented—For Respondent Nos. 1 & 2. Civil Review petition No. 1 of 2000. (From the Judgment and order dated 23-8-1999 passed by this Division in Civil Petition No. 714 of 1999). ......ance Corporation of India vs. DJ. Bahadur and others AIR 1918 (SC) 2181 and of Pakistan River Steamers Ltd vs. Province of East Pakistan & ors PLD 1961 (SC) 393 = 13 DLR (SC) 153 in that those decisions were on interpretation of section 19(1) of the Industrial Act 1947 and has no manner of a..Category: Labour and Industrial Law | Date: | Hits: 127
Yaqub Mohammad and another Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....ocate-on-Record—For the Respondent Nos. 1 & 2, Not represented—Respondent Nos. 3 & 4. Civil Petition for leave to Appeal Nos. 724 and 726 of 1999. (From the Judgment and order dated 10 May 1999 and 19 July 1999 passed by the High Court Division in Writ Petition Nos. 3388 and ......the same under two covering letters dated 23 August 1995. On receipt of the same the petitioners submitted their respective representations to respondent No. 1. Bangladesh Bank which communicated its decision thereon by letters dated 2 October 1995 and directed payment of the loan in terms of the no..Category: Banking Law | Date: | Hits: 191
Bangladesh and others Vs. Mizanur Rahman, 2000, 29 CLC (AD)
....or Advocate (AFM Hasan Arif Advocate with him) instructed by Md. Nawab Ali, Advocate-on-Record — For the Respondent. Civil Appeal No. 114 of 1999. (From the Judgment and order dated 7-7-97 passed by the Nigh Court Division, Dhaka in writ petition No. 345 1991). Judgme...... not a case of change in the exemption granted under section 19 of the Customs Act and the High Court Division failing to notice the distinction of the facts of the present case and the aforecited decision in 48 DLR (AD) 199 committed an error of law in holding that the duty is to be paid on th..Category: Fiscal/Taxation Law | Date: | Hits: 94
Abdul Khaleque (Md) Vs. Sec, Ministry of Law, Justice and Parliamentary Affairs, 2000, 29 CLC (AD)
....Mahmudur Rahman J.- This petition for leave to appeal by the petitioner (who filed Administrative Tribunal case No. 98 of 1989 of the Administrative Tribunal Dhaka) is from the Judgment and order dated 22-08-94 passed by the Administrative Appellate Tribunal in Appeal Case No. 10 of 1994. ......Tribunal and confirmed the order of compulsorily retirement on the findings, that the petitioner was served with a second show cause notice along with a copy of the record of the authority’s decision, that the petitioner was not, prejudiced and that there was no violation of the principle ..Category: Administrative Law | Date: | Hits: 125
Billal Vs. State, 2000, 29 CLC (AD)
....B Hossain, Deputy Attorney-General, instructed by Shamsul Haque Siddique, Advocate on-Record—For the Respondent. Criminal Appeal No. 13 of 1999. (From the judgment and order dated 6-8-1998 passed by the High Court Division in Criminal Appeal No. 2439 of 1995). Judg......t happened to the victim he must be found to be guilty of abetment of murder of the victim and, as such, liable to be convicted under sections 302/109 of the Code. This view finds support from the decisions reported in the cases of Hafez Abul Khair vs. State reported in 29 DLR (AD) 1 and Afsar..Category: Criminal Law | Date: | Hits: 58
Syed Jahangir Hossain Vs. Md. Moyenuddin and others, 2000, 29 CLC (AD)
.... by Md. Nawab Ali, Advocate-on-Record—For the Appellant. Md. Moyenuddin Advocate—For Respondent No. 1 Civil Appeal No. 65 of 1999. (From the judgment and order dated 16-6-1998 passed by the High Court Division in Civil Revision No. 3428 of 1997). Judg......t Governing Body of the College is the competent authority to appoint and remove teachers of the College and the defendant No. 1 has no such authority and the Governing Body of the College made no decision for his removal from the College and defendant No. 6 passed the order to remove the plaint..Category: Others | Date: | Hits: 84
Novartis Foundation for Sustainable Dev. Vs. RK Ruma, General Sec., BIKASH & ors, 2000, 29 CLC (AD)
....e-on-Record — For the Respondent No. 1. Not represented — Respondent Nos. 2-4. Civil Petition for Leave to Appeal No. 183 of 2000. (From the Judgment and order dated 31 passed by the High Court Division Dhaka in Wit Petition No. 6059 of 1997). Judgmen......rfere with the impugned order. Consequently, the petition is dismissed with the observations indicated above. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 138. ..Category: Others | Date: | Hits: 88
Asmat Ali Vs. Abdur Rafique Mridha and others, 2000, 29 CLC (AD)
....r Mahbubuddin Ahmed, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate-on-Record — For the Respondents. Civil Appeal No. 8 of 1998 (From the Judgment and order dated 21 -4-93 & 2-9- 89 passed by the High Court Division in Civil Revision No. 742 of 1989). ......uch, cannot be deemed to have formed part of the instrument. The facts, circumstances and evidence together with the deed of kabala having not been carefully considered by the courts below, the decision arrived at by the courts below does not appear to be correct decision.” ..Category: Property Law | Date: | Hits: 64
ASF Rahman and another Vs. AM Agha Yousuf and others, 2000, 29 CLC (AD)
....tor of the Bank…………………………(20) A voter cannot prefer an appeal against setting aside of the election of a successful candidate in an election. But that analogy will not hold good in respect of the election of directors of......well as principle of franchise. 14. Following submissions of the Caveator were allowed to be considered: “The petitioners cannot be said to be aggrieved by the impugned decision of the learned Company Judge. Neither the Bank nor Mr. A Matin Khan has preferred any p..Category: Business or Commercial Law | Date: | Hits: 107
Chowdhury Nasimul Baqui Vs. Bangladesh Steel and Engineering Corporation& others, 2000, 29 CLC (AD)
....instructed by Mvi. Md. Wahidullah, Advocate-on-Record — For the Appellant. Ex Parte — The Respondents. Civil Appeal No. 3 of 1999. (From the judgment and order dated 30 April 1998 passed by the High Court Division in Writ Petition No. 1857 of 1994). Jud......t of the learned Counsel for the appellant. We accordingly, dismiss the appeal without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 125. ..Category: Employment/Service Law | Date: | Hits: 69
Bisheswar Bhattacharjee Vs. Shantimoy Bhattacharjee and others, 2000, 29 CLC (AD)
....Advocate-on-Record Respondent Nos. I & 2. Not represented — Respondent Nos. 3-19. Civil Petition for Leave to Appeal No. 263 of 1999. (From the judgment and order dated 24 August 1998 passed by the High Court Division in FMA No. 27 of 1997. Judgment: ......udge refusing to strike out the defence. This petition merits no consideration and is accordingly dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 124. ..Category: Procedural Law | Date: | Hits: 97
Abdus Sattar and others Vs. IFIC Bank Ltd., 2000, 29 CLC (AD)
....ahidullah, Advocate-on-Record — For the Petitioners. Not represented — The Respondent. Petition for Leave to Appeal No. 812 of 1999 (From the judgment and order dated 16-05-1999 passed by the High Court Division in First Appeal Tender No. 83 of 1999). Ju......ns raised for the aforesaid reasons are of no substance. The petition is dismissed with any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 122. ..Category: Business or Commercial Law | Date: | Hits: 115
Abdus Samad & ors Vs. Dt. Com. & Custodian of Vested Pty & Non-Res Pty, 2000, 29 CLC (AD)
....i, Advocate-on-Record — For the Petitioners. Not represented — The Respondents. Civil Petition for Leave to Appeal No. 860 of 1999. (From the judgment and order dated 6 May 1999 passed by the High Court Division in Civil Revision No. 3216 of 1997). Judgm......nior Assistant Judge, Sreenagar, dismissed the suit in consideration of the evidence on record. 5. The plaintiffs thereafter preferred an appeal therefrom. The appellate Court reversed the decision of the trial Court and decreed the suit. 6. Being aggrieved defendant No. 2 came u..Category: Property Law | Date: | Hits: 59
Delwar Hossain Mia (Md) and another Vs. Bangladesh, 2000, 29 CLC (AD)
....n, Advocate-on-Record— For the Petitioners. Not represented — The Respondents. Civil Petition for Leave to Appeal No. 457 of 1999. (From the judgment and order dated 24 November 1998 passed by the High Court Division In Writ Petition No. 647 of 1998). J......vil servants being terms and conditions of service the Administrative Tribunal is possessed of the exclusive jurisdiction to hear the dispute in such matters. The case is thus fully covered by our decision in the cited case. No substantial question of law has been made out for grant of leave in ..Category: Constitutional Law | Date: | Hits: 151
Sudangshu Jaladash and others Vs. Shahabuddin and others, 2000, 29 CLC (AD)
....cord — For the Respondents. Not represented — Respondent Nos. 36-40. Civil Petitioner for Leave to Appeal Nos. 535 and 536 of 1999 (From the judgment and order dated 22-04-1 999 passed by the High Court Division in Writ Petition Nos. 4598 of 1997 and 246 of 1...... Court Division has not committed any wrong which may call for our interference. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 119. ..Category: Property Law | Date: | Hits: 71
Abdul Hashem (Md) @ Bachchu Fakir and others Vs. State, 2000, 29 CLC (AD)
.... Advocate-on-Record — For the Petitioners. Not represented — The Respondent. Criminal Petition for Leave to Appeal No. 72 of 1998. (From the judgment and order dated 24-11-97 passed by the High Court Division in Criminal Appeal No. 1159 of 1983). Judgme......n and sentence is based on other sufficient and reliable legal evidence on record. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 117. ..Category: Criminal Law | Date: | Hits: 64
Fazlur Rahman Akhond (Md) and five others Vs. Government of Bangladesh and others, 2000, 29 CLC (AD)
....l the Petitions). Not represented — The Respondents (In all the Petitions). Civil Petition for Leave to Appeal Nos. 1254 to 1259 of 1998. (From the judgment and order dated August 4, 199, passed by the High Court Division in Writ Petition Nos. 3318, 3317, 3318, 3319......rit petitions were, therefore, rightly rejected, although on different grounds. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 116. ..Category: Employment/Service Law | Date: | Hits: 70
Khalilur Rahman (Md) Vs. Government of Bangladesh and others, 2000, 29 CLC (AD)
....orney-General, instructed by Md. Amir Hossain, Advocate-on-Record — For Respondent Nos. 1 & 2. Petition for Leave to Appeal No. 1353 of 1999. (From the judgment and order dated 21-7-1999 passed by the High Court Division in Writ Petition No. 2386 1998). Judgment ......yed in section 21(1) vests in the Delimitation Officer authority to consider all the above 3 aspects viz, territorial unity, distribution of population and administrative convenience and, as such, decision by him evidently is to be based on consideration of these factual aspects. 7. The ..Category: Others | Date: | Hits: 82
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