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Nizam Uddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 2004, 33 CLC (AD)

....ognizance of the offence being illegal the proceeding is liable to be quashed. Placing us the petition of complaint he submits that a statement has been made therein that a notice has been sent by post but there is nothing as to the date of receipt of the notice by the accused and there being no......ustainable. In this view of the matter we do not find substance in this appeals and the appeal is accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 273. ......ustainable. In this view of the matter we do not find substance in this appeals and the appeal is accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 273. ......ustainable. In this view of the matter we do not find substance in this appeals and the appeal is accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 273. ..

Category: Business or Commercial Law | Date: | Hits: 138

Md. Fazar Ali Vs. State, 2003, 32 CLC (AD)

.... In the background of the discussions made hereinabove we find merit in the appeals. Accordingly the appeal is allowed. Ed. This Case is also Reported in: 1 ADC (2004) 264. ......uffer 5 month rigorous imprison­ment. 2. Facts, in short, are that on December 2, 1988 the chairman of No. 2 Dahia Union Parishad because of his illness authorized accused Azizur Rahman, member of ward No. 2 to lift 15.62 metric tons of wheat for distribu­tion amongst the VGF card ......ears rigorous imprisonment and to pay fine of Tk.1639.20 in default to suffer 5 month rigorous imprison­ment. 2. Facts, in short, are that on December 2, 1988 the chairman of No. 2 Dahia Union Parishad because of his illness authorized accused Azizur Rahman, member of ward No. 2 to lif......igorous imprisonment and to pay fine of Tk.1639.20 in default to suffer 5 month rigorous imprison­ment. 2. Facts, in short, are that on December 2, 1988 the chairman of No. 2 Dahia Union Parishad because of his illness authorized accused Azizur Rahman, member of ward No. 2 to lift 15.6..

Category: Criminal Law | Date: | Hits: 49

Qamrul Islam Siddique Vs. Saber Ahmed and another, 2002, 31 CLC (AD)

....dent No.1 after obtaining degree in Civil Engineering joined on 25th September 1961 as Assistant Engineer in the then East Pakistan Water and power Development Board and while was hold­ing the post of sub Divisional engineer he left the said organization and joined on 1st December, 1966 as D......to costs. The judgment and order of the Administrative Appellate Tribunal, Dhaka in Appeal Case No. 20 of 1997 is maintained. Ed. This Case is also Reported in: 1 ADC (2004) 224. ......to costs. The judgment and order of the Administrative Appellate Tribunal, Dhaka in Appeal Case No. 20 of 1997 is maintained. Ed. This Case is also Reported in: 1 ADC (2004) 224. ......ter and power Development Board and while was hold­ing the post of sub Divisional engineer he left the said organization and joined on 1st December, 1966 as District Engineer in Noakhali Zilla Parishad on the basis of a letter of appointment issued under the signature of the secretary, Basic..

Category: Administrative Law | Date: | Hits: 95

Afsar Uddin Sarker Vs. Md. Aftabuddin & others, 2002, 31 CLC (AD)

....tinue as the Member Secretary of the Managing Committee. The administrator of wakf then vide his order dated 01.08.94 amended the scheme/bye-laws for management of the said wakf estate creating the post of a vice Chairman to work with the Chairman which was in existence from before empower­in......estate was established since time immemorial and was being managed well by the then Managing Committee till 1980. Thereafter a new Managing committee was formed with the petitioner appellant as the member secretary of the committee. The wakf administrator allowed vide order dated 06.08.84 the ap......uq. For the reasons and discussions made above, we find no merits in this appeal and accordingly it is dismissed, with costs. Ed. This Case is also Reported in: 1 ADC (2004) 215. ......uq. For the reasons and discussions made above, we find no merits in this appeal and accordingly it is dismissed, with costs. Ed. This Case is also Reported in: 1 ADC (2004) 215. ..

Category: Trust/Waqf Law | Date: | Hits: 200

Aminul Islam Vs. Mr. Tawhid Ahmed Siddique and others, 2004, 33 CLC (AD)

.... materials brought on record by the parties noticed that in the gradation list pre­pared in 1982 Respondent Nos.1-3 were placed above the appellant. The Respondent Nos.1-3 were promoted to the post of Executive Engineer with effect from 27.1.1977 and the appellant was promoted to the post of...... made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 306. ...... made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 306. ...... made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 306. ..

Category: Employment/Service Law | Date: | Hits: 72

Sultan Ahmed Talukder and anr Vs. Registrar of Trade Union, Dhaka Division & ors, 2004, 33 CLC (AD)

.... Rahman and respondent No. 6 Md. Shafiqur Rahman of the writ petition were elected as president and General Secretary respectively. Subsequently on 02.04.1999 Gazi Habibur Rahman resigned from his post and petitioner No. 1 Sultan Ahmed Talukder was co opted as president of the said Union. The Un...... per provision of the said Sramik Karmachari Union's Constitution the election of the Central Executive Committee of the union was held on 03.05.1995 Tenure of the executive committee comprising 25 members was for 2 years. The respondent No. 5 Gazi Habibur Rahman and respondent No. 6 Md. Shafiqu...... Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Sultan Ahmed Talukder and anr.... .............Appellants Vs. Registrar of Trade Union, Dhaka Division and others .........Respondents Judgment April 6, 2004. ......allowed with­out any order as to costs. The matter is sent back to the High Court Division to dispose of writ petition on merit. Ed. This Case is also Reported in: 1 ADC (2004) 195. ..

Category: Labour and Industrial Law | Date: | Hits: 100

Chairman and another Vs. Md. Sakhawat Hossain and others, 2004, 33 CLC (AD)

....shy;cer of the Palli Biddyut Samity (the Samity) (General Service) for one year as probationer. After completion of period of probation he was made permanent officer of the Samity and later on was posted as Assistant General Manager (General Service) of Thakurgaon Palli Biddyut Samity. While ser......ch leave was obtained by the appellants is of no merit. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: 1 ADC (2004) 192. ......ch leave was obtained by the appellants is of no merit. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: 1 ADC (2004) 192. ......ch leave was obtained by the appellants is of no merit. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: 1 ADC (2004) 192. ..

Category: Employment/Service Law | Date: | Hits: 83

Md. Saiful Islam Vs. Md. Abdur Rahim and other, 2004, 33 CLC (AD)

....made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 190. ......made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 190. ......ny show cause notice was issued upon him". 2. Facts, in short, are that Respondent No.1 (writ petitioner) was initially appointed tempo­rary Nikah Registrar on August 31, 1976 for Union Nos.3-5 and 8 within Gafargaon Police Station and that he was permanently appointed as Nikah ...... the Gafargaon Municipality the Government by the Memo, dated March 2, 2000 approved appointment of the appellant as temporary Nikah Registrar of 3 wards (including the area of No. 4) Saltia Union Parishad taking which Gafargaon Municipality was established) of the said Municipality. 3. T..

Category: Civil Law | Date: | Hits: 95

State Vs. Abdus Satter and others, 2004, 33 CLC (AD)

....the Respondents on bail in the interest of justice, the trial court will be compe­tent to make appropriate order as regard them. Ed. This Case is also Reported in: 1 ADC (2004)184. ......bail to the 7 accused respondents in Sessions Case No.120 of 1993 pending in the court of 3rd Additional Sessions Judge, Dhaka. 2. Short facts are that on July 9, 1992 at about 8/9 A.M. the members and supporters of rival unions of employees of the Titus Gas Transmission and distribution ......the Respondents on bail in the interest of justice, the trial court will be compe­tent to make appropriate order as regard them. Ed. This Case is also Reported in: 1 ADC (2004)184. ......the Respondents on bail in the interest of justice, the trial court will be compe­tent to make appropriate order as regard them. Ed. This Case is also Reported in: 1 ADC (2004)184. ..

Category: Criminal Law | Date: | Hits: 35

Government of Bangladesh Vs. Shamsuddin Ahmed, 2003, 32 CLC (AD)

....d on 23-12-93 and then filed a review petition to the Government seeking revocation of the aforesaid two conditions. The review petition was reject­ed by Memo, dated 13-1-94. The respondent was then posted to the Finance Division as Senior Assistant secretary which was equiva­lent to the position ......wing arrear salary to the respondent is affirmed and the order allowing pro forma pro­motion to him is disallowed.    Ed. This Case is also Reported in: 1 ADC (2004) 144. ......wing arrear salary to the respondent is affirmed and the order allowing pro forma pro­motion to him is disallowed.    Ed. This Case is also Reported in: 1 ADC (2004) 144. ......wing arrear salary to the respondent is affirmed and the order allowing pro forma pro­motion to him is disallowed.    Ed. This Case is also Reported in: 1 ADC (2004) 144. ..

Category: Administrative Law | Date: | Hits: 138

Secretary, Ministry of Environment & Forest, Bangladesh Vs. Shaha Md. Nurul Islam, 2002, 31 CLC (AD)

....spondent moved the High Court Division alleging that he was a Class-1 Gazetted officer under the Ministry of Defence and was appointed as Director, National Cadet Corps in 1980 and thereafter that post was abolished and as a surplus person­nel he was absorbed in the Ministry of Establishment......consider the following:- "Mr. B. Hossain learned Deputy Attorney General appearing for govern­ment of Bangladesh petitioner submits that the writ petitioner respondent being a member in the service of the Republic he should have filed the case before the Administrative Tr...... High Court Division in the afore­said writ petition is hereby set aside and the writ petition is dismissed as not maintainable. Ed. This Case is also Reported in: 1 ADC (2004) 139. ...... High Court Division in the afore­said writ petition is hereby set aside and the writ petition is dismissed as not maintainable. Ed. This Case is also Reported in: 1 ADC (2004) 139. ..

Category: Administrative Law | Date: | Hits: 95

Gazi Gaiasuddin Vs. Bangladesh Power Development Board and other, 2002, 31 CLC (AD)

....t writ petitioner's contention that because of not hav­ing sufficient number of employees the target fixed by the authority could not be reached was not correct, since the personnel as against post those were vacant had nothing to do with the work relating to the reduction of system loss and...... under the signature of the respondent No.3 is declared to have been passed without lawful authority. There is no order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 103. ...... under the signature of the respondent No.3 is declared to have been passed without lawful authority. There is no order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 103. ...... under the signature of the respondent No.3 is declared to have been passed without lawful authority. There is no order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 103. ..

Category: Employment/Service Law | Date: | Hits: 69

Md. Shamir @ Shamir Khan and others Vs. State, 2002, 31 CLC (AD)

.... peri­od of imprisonment already undergone with a fine of Tk. 1,000/- each in default to suffer imprisonment for one month more. Ed. This Case is also Reported in: 1 ADC (2004) 89. ......320 of the Penal Code, It provide for perma­nent disfiguration of the head or face, fracture or dis­location of bone or tooth. Disfiguration or perma­nent impairing of the powers of any member or joint, permanent privation of the hearing of either ear. Emasculation and any hurt which ...... peri­od of imprisonment already undergone with a fine of Tk. 1,000/- each in default to suffer imprisonment for one month more. Ed. This Case is also Reported in: 1 ADC (2004) 89. ...... peri­od of imprisonment already undergone with a fine of Tk. 1,000/- each in default to suffer imprisonment for one month more. Ed. This Case is also Reported in: 1 ADC (2004) 89. ..

Category: Criminal Law | Date: | Hits: 78

Dhaka University Vs. Gias Kamal Chowdhury and others, 2001, 30 CLC (AD)

....xed by the Vice-Chancellor. This Article 46 is the main Article as to the conduct of the election which provided that at the order of the Vice-Chancellor, the Registrar in addition to intimation by post under certificate of posting shall notify in two daily news­papers one in English and one......al and the same is accordingly dismissed without cost. Connected Civil petition for leave to Appeal No. 9 of 2001 is also dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 71. ......al and the same is accordingly dismissed without cost. Connected Civil petition for leave to Appeal No. 9 of 2001 is also dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 71. ......al and the same is accordingly dismissed without cost. Connected Civil petition for leave to Appeal No. 9 of 2001 is also dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 71. ..

Category: Civil Law | Date: | Hits: 98

Md. Laisur Rahman Vs. Most. Nayma Ara Begum and another, 2003, 32 CLC (AD)

....eal is allowed on modi­fication of substantive sentence to the period already under gone, but the sentence of fine is maintained. Ed. This Case is also Reported in: 1 ADC (2004) 25. ......eal is allowed on modi­fication of substantive sentence to the period already under gone, but the sentence of fine is maintained. Ed. This Case is also Reported in: 1 ADC (2004) 25. ......sary permis­sion. The plea of the appellant was that he obtained necessary permission from the Arbitration Council but the same was not accepted by the court since the Chairman of No. 6 Omarpur Union Parishad had no jurisdiction to entertain the petition under sub-section (2) of section 6 of ......ermis­sion. The plea of the appellant was that he obtained necessary permission from the Arbitration Council but the same was not accepted by the court since the Chairman of No. 6 Omarpur Union Parishad had no jurisdiction to entertain the petition under sub-section (2) of section 6 of the Mu..

Category: Criminal Law | Date: | Hits: 35

Md. Dawad Ali Sardar Vs. Kazi Mujibar Rahman & others, 2008, 37 CLC (AD)

....tion 307 of the Penal Code because that would be a futile exercise. Accordingly, the review petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 260. ......tion 307 of the Penal Code because that would be a futile exercise. Accordingly, the review petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 260. ......tion 307 of the Penal Code because that would be a futile exercise. Accordingly, the review petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 260. ......tion 307 of the Penal Code because that would be a futile exercise. Accordingly, the review petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 260. ..

Category: Criminal Law | Date: | Hits: 38

State Vs. Nantu Biswas and others, 2008, 37 CLC (AD)

....ral submits that the High Court Division discarded the evidence of eye wit­ness of the occurrence without at all dis­cussing the same and in coming to its deci­sion totally misread the post-mortem exam­ination report which caused miscarriage of justice. The learned Deputy Attorne......ia are found guilty under Sections 302/34 B.P.C and they are directed to serve the remaining period of their sentence if any. Ed. This Case is also Reported in: VI ADC (2009) 254. ......ia are found guilty under Sections 302/34 B.P.C and they are directed to serve the remaining period of their sentence if any. Ed. This Case is also Reported in: VI ADC (2009) 254. ......ia are found guilty under Sections 302/34 B.P.C and they are directed to serve the remaining period of their sentence if any. Ed. This Case is also Reported in: VI ADC (2009) 254. ..

Category: Criminal Law | Date: | Hits: 84

Md. Habibur Rahman Islam Vs. Secretary, Ministry of LGRD, 2007, 36 CLC (AD)

....y;ingly the above decision of the High Court Division does not call for any interference. 6. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 252. ......y;ingly the above decision of the High Court Division does not call for any interference. 6. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 252. ......Rule obtained challenging the declaration as contained in S.R.O No. 137 Ain/2003 dated 26.5.2003 Annexure-D to the writ petition issued by the respondent No.1 bringing the rural areas of Palashbari Union Parishad including other five mouzas under urban area. 2. The petitioner filed the abo......btained challenging the declaration as contained in S.R.O No. 137 Ain/2003 dated 26.5.2003 Annexure-D to the writ petition issued by the respondent No.1 bringing the rural areas of Palashbari Union Parishad including other five mouzas under urban area. 2. The petitioner filed the above wr..

Category: Property Law | Date: | Hits: 21

M. Tofazzal Ahmed Vs. Jashim Uddin Haydar Faruque, 2007, 36 CLC (AD)

....ate for the petitioner deserve no consideration. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 250. ...... 2. The facts of the case, in short, are that the Waqf Administrator, Dhaka by order dated 30.09.2002 appointed Tofazzal Ahmed, Mutawalli Secretary of Waqf Estate and constituted and approved 13 member committee for 5 years. 3. Against which order Miscellaneous Appeal No.276 of 2002 was......ate for the petitioner deserve no consideration. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 250. ......ate for the petitioner deserve no consideration. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 250. ..

Category: Trust/Waqf Law | Date: | Hits: 210

Nekbar Ali Vs. Government of Bangladesh and others, 2007, 36 CLC (AD)

.... sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 246. ...... sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 246. ......sion in Writ Petition No. 6298 of 2003 discharging the Rule. 2. The case of the petitioner, in short, is that Mouzas namely Mohiran, Bagherpara and Payekpara originally belonged to Dorajhat Union Parished and Mouzas namely Mirpur, Talbaria and Dohakula belonged to Dohakula Union Parishad ......itioner, in short, is that Mouzas namely Mohiran, Bagherpara and Payekpara originally belonged to Dorajhat Union Parished and Mouzas namely Mirpur, Talbaria and Dohakula belonged to Dohakula Union Parishad under Police Station- Bagharapara, District- Jessore; that the respondent No.1 vide notifi..

Category: Property Law | Date: | Hits: 22