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Dock Workers Management Board Vs. Muhammad Ismail and others, 2005, 34 CLC (AD)

....st the judgment and order dated 01.03.2005 passed by the High Court Division in Writ Petition No. 890 of 2003 making the rule absolute and directing the petitioner (writ respondent) to upgrade the post of the respondent Nos.1 to 3 (writ petitioners) with fixation of grade-V of National Pay scale......yed for. Operation of the impugned judgment and Order dated 01.03.2005 passed by the High Court Division in Writ petition No.890 of 2003 be stayed till disposal of the appeal. Ed. ......yed for. Operation of the impugned judgment and Order dated 01.03.2005 passed by the High Court Division in Writ petition No.890 of 2003 be stayed till disposal of the appeal. Ed. ......yed for. Operation of the impugned judgment and Order dated 01.03.2005 passed by the High Court Division in Writ petition No.890 of 2003 be stayed till disposal of the appeal. Ed. ..

Category: Employment/Service Law | Date: | Hits: 88

Abdur Rob Mollah Vs. Shahabuddin Ahmed and others, 2006, 35 CLC (AD)

....barred by limitation and that summons was not duly served on the appellant herein who was Respondent No.2 in the   Miscellaneous Appeal either by the process server or by reg­istered post. The learned Additional District Judge was of the view since the summons sent by registered p...... evidence. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with­out any order as to costs. Ed. ...... evidence. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with­out any order as to costs. Ed. ...... evidence. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with­out any order as to costs. Ed. ..

Category: Trust/Waqf Law | Date: | Hits: 266

Abdul Majid alias Mujibur Rahman Molla Vs. Md. Abdul Matin and others, 2006, 35 CLC (AD)

.... view expressed by us about the ground taken in the course of hearing we do not find any merit in the appeal. Accordingly the appeal is dismissed with­out any order as to costs. Ed. ...... view expressed by us about the ground taken in the course of hearing we do not find any merit in the appeal. Accordingly the appeal is dismissed with­out any order as to costs. Ed. ......nsideration money passed and that only there has been exchange of land, that after exchanged the defendants are owning and possessing their respective land got by exchange, that at the time of last Union Parishad Election there was misunderstanding between the defendant No.1 and the plaintiff an......ation money passed and that only there has been exchange of land, that after exchanged the defendants are owning and possessing their respective land got by exchange, that at the time of last Union Parishad Election there was misunderstanding between the defendant No.1 and the plaintiff and beca..

Category: Property Law | Date: | Hits: 38

Bangladesh Biman Corporation Vs. Lt. Col. (Rtd.) Md. Zainul Abedin and ors, 2000, 29 CLC (AD)

....y the Joint Secretary, Ministry of Civil Aviation and Tourism (Annexure-L) as illegal and without lawful authority with a further direction to the appellants to reinstate the writ petitioner in his post with all back wages and benefits within 60 days of the receipt of the copy of the judg­men......sis of having at any time been in the service of Pakistsan, purports to claim any right to employment in the service of the Republic, but does not include any person who- (i) is a member of any defence service  ii)... (iii)... (iv)........ood whether a writ of mandamus could be issued on the facts and in the circumstances of the case. We accordingly allow all the appeals with­out, however, any order as to costs. Ed. ......ood whether a writ of mandamus could be issued on the facts and in the circumstances of the case. We accordingly allow all the appeals with­out, however, any order as to costs. Ed. ..

Category: Employment/Service Law | Date: | Hits: 103

Syed Alam Mia Vs. Election Commission of Bangladesh, 1990, 19 CLC (AD)

....High Court Division's judgment is set aside, the Writ Petition is allowed and the impugned Notification is declared invalid. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 242. ......he Presiding Officers. As such the declaration of one candidate as elected Chairman is without lawful authority. Consequently, the publication of the election of Chairman is also invalid. Election of members of Ward No. 2 & 3 not being connected with the remaining Ward No. 1, is valid. Even if e...... Election Commission, Secretariat & others.....……………………………………………...Respondents Judgment March 28, 1990. Result: The Writ Petition is allowed. The Union Parishad (Election) Rules, 1983, Rules 39(3)(4)(5) & 41 Out of the three wards, electio......ion Commission, Secretariat & others.....……………………………………………...Respondents Judgment March 28, 1990. Result: The Writ Petition is allowed. The Union Parishad (Election) Rules, 1983, Rules 39(3)(4)(5) & 41 Out of the three wards, election held..

Category: Election Law | Date: | Hits: 126

State Vs. Mofizuddin and other, 2005, 34 CLC (AD)

....h kept in the iron safes broken and the dead bodies of night guard, Abdul Mannan and treasurer Abul Kalam Azad lying in the delivery room could understand that the dacoits looted away cash from the post office killing those two staffs on duty there. The informant then lodged First Information Rep......nd correct assessment of the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. ......nd correct assessment of the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. ......nd correct assessment of the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 40

Abul Khair Vs. State, 2005, 34 CLC (AD)

....learned Session Judge Chandpur in Sessions Case No. 8 of 1989 is set aside and the appellant is acquitted and he is set free, if not wanted custody in connection with any other case. Ed. ......orkers of Abul Khair and being annoyed Abul Khair was about to attack the victim but due to resistance of others the matter ended without any serious consequence; from there the victim, with other members of the Salish, went to the house of Salamat Khan, the chairman of the Union Parishad, for a......im but due to resistance of others the matter ended without any serious consequence; from there the victim, with other members of the Salish, went to the house of Salamat Khan, the chairman of the Union Parishad, for attending another Salish and the said Salish commenced at 10 P.M; after the sai...... due to resistance of others the matter ended without any serious consequence; from there the victim, with other members of the Salish, went to the house of Salamat Khan, the chairman of the Union Parishad, for attending another Salish and the said Salish commenced at 10 P.M; after the said Sali..

Category: Criminal Law | Date: | Hits: 52

B. D. Habibullah Vs. Election Commission and others, 1989, 18 CLC (AD)

....ed order was the order that ema­nated from the Election Commission as such. In the result, this petition is, therefore, dis­missed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 218.......ission dated 29.3.88 to the effect "Seen, we may accept result as given in the Centre and no re-poll be taken in Joygunnessa High School Centre." It appears that the Chief Election Commission and the member en­dorsed the view on 31.3.88. Dr. Kamal Hossain can­vassed that this power could not be de......ed order was the order that ema­nated from the Election Commission as such. In the result, this petition is, therefore, dis­missed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 218.......ed order was the order that ema­nated from the Election Commission as such. In the result, this petition is, therefore, dis­missed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 218...

Category: Election Law | Date: | Hits: 146

Fairtech Limited & ors. Vs. Bangladesh Shilpa Bank, 1989, 18 CLC (AD)

....ion of the vessels and sell them on 5.12.87. The peti­tioners sent a reply to the said notice which was found to be unsatisfactory by the Bank. The petition­ers offered an amount of Tk.85 lakh by a post dated cheque and asked for final adjustments. 3. On 8.1.88, the Bank issued sale notice as p......pliance with other rules (in case of sale by private negotiation) have no effect on the impugned sale. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 216. ......pliance with other rules (in case of sale by private negotiation) have no effect on the impugned sale. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 216. ......pliance with other rules (in case of sale by private negotiation) have no effect on the impugned sale. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 216. ..

Category: Banking Law | Date: | Hits: 94

Mahmudul Alam Mantu Vs. Sanwar Hossain Talukder & ors., 1990, 19 CLC (AD)

..... The writ petition will be heard as a motion as soon as the business of the Court per­mits. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 211. ......sdiction of the High Court Division vested under the Constitution. If at all needed there is Jamal Shah Vs. Election Com­mission, PLD 1966(SC)1 (26) where Cornelius, C.J. observed thus; It must be remembered that a require­ment of finality of determination contained in the constitution is to be pl...... (Election of Commissioners) Rules, 1983 (hereafter referred to as the Rules) and observed that the decision of the Election Tribunal is final and no appeal is provided under the Statute un­like the Union Parishad and the Upazila Parishad Or­dinance. It was, therefore, concluded that the writ pe­......tion of Commissioners) Rules, 1983 (hereafter referred to as the Rules) and observed that the decision of the Election Tribunal is final and no appeal is provided under the Statute un­like the Union Parishad and the Upazila Parishad Or­dinance. It was, therefore, concluded that the writ pe­tition..

Category: Election Law | Date: | Hits: 102

Sk. Shamsur Rahman @ Shamsu Vs. State, 1990, 19 CLC (AD)

.... 26.3.81. PW 10 Mujibar Rahman, OC Fultala PS held inquest on the dead body of the deceased Sakhawat Hossain on the morning of 27.3.81 and sent the same through constable to Khulna Sadar Hospital for post-mortem examination. The Investigation of the case was taken up by the Circle Inspector of Polic......he courts below have rightly convicted the appellant un­der section 302 pf the Penal Code. Accordingly, the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 200. ......he courts below have rightly convicted the appellant un­der section 302 pf the Penal Code. Accordingly, the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 200. ......he courts below have rightly convicted the appellant un­der section 302 pf the Penal Code. Accordingly, the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 200. ..

Category: Criminal Law | Date: | Hits: 44

Md. Islam Uddin @ Din Islam Vs. State, 2007, 36 CLC (AD)

....No. 110 dated 04.10.2002 was recorded and S.I. Rupok Kumar Saha went to the place of occurrence and prepared the inquest report on the dead-body of the deceased and sent the same to the morgue for post-mortem examination. He also seized alamats under proper seizure list. Sub­sequently S.I. R......s on record accepted the death reference and dismissed the jail appeal. There is no cogent reason to interfere with the same. Accordingly, the jail petition is dis­missed. Ed. ......s on record accepted the death reference and dismissed the jail appeal. There is no cogent reason to interfere with the same. Accordingly, the jail petition is dis­missed. Ed. ......s on record accepted the death reference and dismissed the jail appeal. There is no cogent reason to interfere with the same. Accordingly, the jail petition is dis­missed. Ed. ..

Category: Criminal Law | Date: | Hits: 57

State Vs. Mrs. Lailun Nahar Ekram, MD, Engineer and Consultants (Bd) Ltd. (BCBL), 2007, 36 CLC (AD)

....materials on record has arrived at a correct decision and as such there is no cogent reason to interfere with the judgment of the said Di­vision. The appeal is dismissed. Ed. ......materials on record has arrived at a correct decision and as such there is no cogent reason to interfere with the judgment of the said Di­vision. The appeal is dismissed. Ed. ......materials on record has arrived at a correct decision and as such there is no cogent reason to interfere with the judgment of the said Di­vision. The appeal is dismissed. Ed. ......materials on record has arrived at a correct decision and as such there is no cogent reason to interfere with the judgment of the said Di­vision. The appeal is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 74

Rupali Bank Ltd. Vs. M. A. Jalil, 2005, 34 CLC (AD)

....f the Rupali Bank were passed on to the Rupali Bank Limited, that the respon­dent served the said bank with honesty, sin­cerity and due diligence as a reward of which he was promoted to the post of Senior Princi­pal Officer on 01.07.1977; that he was also rewarded by cash award and ce...... leave of 697 days on the full average salary and similar benefit of 896 days of half average pay; that after deduction of encashed leave he claimed leave salary for 32 months 3 days; that he was a member of the provident fund scheme wherefore he is entitled to get Tk. 63,673.64; that he had opt......f the above, we do not find any cogent reason to interfere with the im­pugned judgment and decree of the High Court Division. The petition is, accordingly, dis­missed. Ed. ......f the above, we do not find any cogent reason to interfere with the im­pugned judgment and decree of the High Court Division. The petition is, accordingly, dis­missed. Ed. ..

Category: Employment/Service Law | Date: | Hits: 136

A.K.M. Farooq Vs. Bangladesh Biman Corporation & another, 2006, 35 CLC (AD)

.... book is dispensed with as prayed for. The petitioner is permitted to add ad­ditional ground. The petitioner is directed to make the appeal for expeditious hearing. Ed. ...... book is dispensed with as prayed for. The petitioner is permitted to add ad­ditional ground. The petitioner is directed to make the appeal for expeditious hearing. Ed. ......3.1993 denying the allegations brought against him. He also appeared before the en­quiry officer on the date of enquiry and the enquiry officer recorded the statement of the petitioner. But the Union representative was not allowed to take part in the enquiry pro­ceeding in violation of B...... book is dispensed with as prayed for. The petitioner is permitted to add ad­ditional ground. The petitioner is directed to make the appeal for expeditious hearing. Ed. ..

Category: Employment/Service Law | Date: | Hits: 91

Md. Badshah Alam Vs. Md. Shahidul Islam & others, 2006, 35 CLC (AD)

....d under Police Station and District-Sirajganj after recounting of the ballot papers and to declare him as a member in place of declared candidate stating, inter alia, that election was held for the post of Chairman and Members on 04.03.2003. The symbol of the opposite party No.1 was fish and the ......rajgonj for cancelling the result of the election of Ward No.6, 7 of Mesura Union Parishad under Police Station and District-Sirajganj after recounting of the ballot papers and to declare him as a member in place of declared candidate stating, inter alia, that election was held for the post of Ch......ng Election Tribunal Case No. 1 of 2003 in the Court of Assistant Judge and Election Tribunal Sadar, Sirajgonj District-Sirajgonj for cancelling the result of the election of Ward No.6, 7 of Mesura Union Parishad under Police Station and District-Sirajganj after recounting of the ballot papers an......ction Tribunal Case No. 1 of 2003 in the Court of Assistant Judge and Election Tribunal Sadar, Sirajgonj District-Sirajgonj for cancelling the result of the election of Ward No.6, 7 of Mesura Union Parishad under Police Station and District-Sirajganj after recounting of the ballot papers and to d..

Category: Election Law | Date: | Hits: 111

State Vs. Abdul Toab alias Abdul Towab and other, 2005, 34 CLC (AD)

.... No. 102/87 Mohiuddin Ahmed, District And Corruption Officer, Dinajpur (P.W.1) lodged an FIR with Dinajpur Sadar Police Station stating, inter alia, that the accused respondent No.1 Abdul Toab, Sub-post master and the accused respondent No. 2 Shahidul Islam, postal oper­ator serving at the h......urt in holding the accused respondent as guilty and in doing so there has been miscarriage of justice. " Preparation of paper book is dispensed with as prayed for. Ed. ......urt in holding the accused respondent as guilty and in doing so there has been miscarriage of justice. " Preparation of paper book is dispensed with as prayed for. Ed. ......urt in holding the accused respondent as guilty and in doing so there has been miscarriage of justice. " Preparation of paper book is dispensed with as prayed for. Ed. ..

Category: Criminal Law | Date: | Hits: 35

Moulana Noor Mohammad Vs. Bangladesh Madrasha Education Board, 2006, 35 CLC (AD)

.... with as prayed for. Stay granted earlier be further extended till disposal of the appeal. The Petitioner is directed to make the appeal ready for expeditious hearing. Ed. ......ent No. 2 Registrar, Bangladesh Madrasha Education Board by office order dated 28.04.2002 formed an ad-hoc committee for six months with effect from 18.04.2002. The ad-hoc committee consisted of 5 members with the Upazilla Nirbahi officer as Chairman and principal of the Madrasha as its Secretar...... with as prayed for. Stay granted earlier be further extended till disposal of the appeal. The Petitioner is directed to make the appeal ready for expeditious hearing. Ed. ...... with as prayed for. Stay granted earlier be further extended till disposal of the appeal. The Petitioner is directed to make the appeal ready for expeditious hearing. Ed. ..

Category: Constitutional Law | Date: | Hits: 139

Md. Nabiul Islam Chy Vs. Joint Regis, Div. Co-opera­tive Office, Rajshahi & ors., 2005, 34 CLC (AD)

....pazilla Co-operative Officer, Khetlal, Joipurhat. The committee declared the election schedule of Khetlal UCCA Ltd. to be held on 02-10-2003. The petitioner submit­ted nomination paper for the post of Chairman of the Managing Committee along with 3 other candidates. After scrutiny, the elect...... Krishak Samabya Samity Ltd. has been shown as a voter in Block-8 at serial No.11. According to Rule 16 of the Co-operative Societies Rule 1978, the election Committee was appointed consisting of 3 members head­ed by the Upazilla Co-operative Officer, Khetlal, Joipurhat. The committee declare......e fully in agree­ment with the findings and decisions of the High court Division. In the aforesaid premis­es, we find no merit in this petition. Accordingly, it is dismissed. Ed. ......e fully in agree­ment with the findings and decisions of the High court Division. In the aforesaid premis­es, we find no merit in this petition. Accordingly, it is dismissed. Ed. ..

Category: Constitutional Law | Date: | Hits: 162

Government of Bangladesh Vs. Jahangir Alam and ors., 2005, 34 CLC (AD)

....esh and Denmark for Agricultural Sector Program Support and in the agreement provision has been made for implementation of 2nd Phase of the project and that Government gave sanction for keeping 29 posts which were earlier created at the time of starting the work of the project and by letter date......ision in Writ petition Nos. 8254 of 2002 and 4344 of 2003 be stayed till disposal of the appeal. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ......ision in Writ petition Nos. 8254 of 2002 and 4344 of 2003 be stayed till disposal of the appeal. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ......ision in Writ petition Nos. 8254 of 2002 and 4344 of 2003 be stayed till disposal of the appeal. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ..

Category: Others | Date: | Hits: 87