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Kazi Mokarram Hossain Vs. Sec, Min of Cabinet Affairs, Establishment Division, Government of Bangladesh, 1978, 7 CLC (AD)

....Order No.67 of 1972. In this view of the matter the contention of Mr. Karim fails. We find no merit in this petition. It is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 64. ......Order No.67 of 1972. In this view of the matter the contention of Mr. Karim fails. We find no merit in this petition. It is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 64. ......esident's Order No. 67 of 1972 and he is now challenging the order of the High Court. 2. Facts as set out by the High Court are that: The petitioner was appointed as L.D. Assistant in 1949 in the Ministry of Public Works and Urban Development and was promoted as Head Assistant on 19-2-72. He has..

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

Abdul Latif Mirza Vs. Government of Bangla­desh and other, 1979, 8 CLC (AD)

.... already held that as the detention of the appellant is not sustainable in law on other grounds stated above I would allow this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ...... already held that as the detention of the appellant is not sustainable in law on other grounds stated above I would allow this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ....... State of West Bengal, AIR 1970 (SC) 1226; Kazi Mohiuddin Vs. Government of East Pakistan, 1965 PLD Dacca 514; N. Ranjan Singh Vs. State of Bengal AIR, 1952 (SC) 106; Sharfuddin Ahmed Vs. Secretary, Ministry of Home Affairs, (1975) 27 DLR 658; Liversidge Vs. Anderson, 1942 AC 206; Emperor Vs. Shibr..

Category: Constitutional Law | Date: | Hits: 408

Chair­man, Inspecting Assistant Commissioner of Income Tax Vs. Khan Saheb Ata Md. Khan, 1978, 7 CLC (AD)

.... out as follows: "Notwithstanding anything to the contrary contained in sub-paragraph (i) and (ii) above, any person may file a return of income or a consolidated statement for any year or years, prior to the assessment year 1954-55". 6. The question is, what is the true mean­ing of the exp......the High Court and restore that of the Income Tax authority. As there is no appearance on the other side we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 48. ......the High Court and restore that of the Income Tax authority. As there is no appearance on the other side we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 48. ..

Category: Fiscal/Taxation Law | Date: | Hits: 78

Government of Bangladesh Vs. Md. Sultan Ahmed, 2006, 35 CLC (AD)

....s, we do not find any cogent reason to interfere with the impugned judgment. The leave petition is dismissed. Ed. This Case is also Reported in:  11 MLR (AD) 2006, 378. ......s, we do not find any cogent reason to interfere with the impugned judgment. The leave petition is dismissed. Ed. This Case is also Reported in:  11 MLR (AD) 2006, 378. ......nal, Dhaka in A.T. Case  No. 129 of 1991. The A.T. Case was filed under section 4 of the Administrative Tribunals Act, 1980 challenging the orders dated 25.02.1988 and 05.04.1988 passed by the Ministry of Establishment and Directorate of National Security Intelligence respectively and for de..

Category: Administrative Law | Date: | Hits: 111

Sree Hare Krishna Das Vs. Government of Bangladesh, 2006, 35 CLC (AD)

....ring the  review petition filed by the petitioner, rejected the same. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 146. ......ring the  review petition filed by the petitioner, rejected the same. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 146. ......no petition for review was also called from the petitioner or from the office of the Chief Martial Law Administrator and/or President's Secretariat and it is only the Joint Secretary (Admn) of the Ministry of Law and Justice directed the petitioner to file review petition addressing him; the pet..

Category: Administrative Law | Date: | Hits: 92

Government of Bangladesh Vs. Md. Osimuddin, 2005, 34 CLC (AD)

.... the discussion made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011)119. ...... the discussion made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011)119. ......also Reported in: 19 BLT (AD) (2011)119. ..

Category: Property Law | Date: | Hits: 38

Azizullah @ Azizur Rahman Vs. Abu Taher Chowdhury and others, 2006, 35 CLC (AD)

....ed Counsel appearing for the petitioner, firstly contended that the plaintiff-respondent having failed to prove that his vendor or he himself was ever in possession in the suit land within 12 years prior to the filing of the suit and as such the suit ought to have been dismissed. 6. Mr. ......e Supreme Court of Bangladesh (Appellate Division) Rules 1988 and therefore is not maintainable. Consequently, the Review Petition merits no consideration and accordingly it is dismissed. Ed. ......e Supreme Court of Bangladesh (Appellate Division) Rules 1988 and therefore is not maintainable. Consequently, the Review Petition merits no consideration and accordingly it is dismissed. Ed. ..

Category: Procedural Law | Date: | Hits: 71

Badsha Miah (Md) Vs. Sonali Bank and others, 2006, 35 CLC (AD)

....cisions arrived at by the Administrative Appellate Tribunal and, as such, we find no substance in this appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ......cisions arrived at by the Administrative Appellate Tribunal and, as such, we find no substance in this appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ......the same has not been filed before the Administrative Tribunal nor even to this Division. But the appellant actually filed incompetent representation under the garb of review before the Secretary, Ministry of Finance, Banking Division and the same was rejected on 3-8-1997 and in such view of the..

Category: Administrative Law | Date: | Hits: 103

Bangladesh Vs. AKM Enayetullah, 2006, 35 CLC (AD)

....t aside and we set aside the impugned judgment of the High Court Division. In the result, the appeal is allowed with observation made hereinabove. No order is made as to cost. Ed. ......t aside and we set aside the impugned judgment of the High Court Division. In the result, the appeal is allowed with observation made hereinabove. No order is made as to cost. Ed. ......n (Civil) Present: Syed JR Mudassir Husain CJ Md Fazlul Karim J MA Aziz J A Kabir Chowdhury J Bangladesh, rep­resented by the Secre­tary, Ministry of Establishment............... Appellant vs AKM Enayetullah...................

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

Abdul Mazid Khan (Md) Advocate Vs. State and another, 2006, 35 CLC (AD)

....g the needful in accordance with law, who is directed to inform this Court through the Registrar of the Supreme Court as to the action taken in the matter within 3 months from date. Ed. ......g the needful in accordance with law, who is directed to inform this Court through the Registrar of the Supreme Court as to the action taken in the matter within 3 months from date. Ed. ......nbecoming conduct. 34. In view of the discussion made above, we do not find substance in this petition. The petition is dismissed. Copy of this judgment be forwarded to the Secretary, Ministry of Law, Justice and Parliamentary Affairs to bring to his notice our observation regarding..

Category: Criminal Law | Date: | Hits: 43

Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)

....e transitory period between 26th March, 1971 and until the operation and commencement of the Constitution in 1972, in order to give cover to such interim and temporary laws, which came into operation prior to the commence­ment of the Constitution. Thus the scope and ambit of the 4th Schedule has al......ng the cause of democracy through a process which could not be termed as undemocratic. In the result, the petitions are dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 237. ......on from general seat, but by the members of Parliament in accordance with the provision of law which has since been made and passed by the Parliament namely, Act No. 30 of 2004. It is declared by the Ministry of Law, Justice and Parliamentary Affairs that after the draft of the said proposed law rel..

Category: Constitutional Law | Date: | Hits: 221

Ali Akbar (Md) Vs. Shajirannessa Bewa and others, 2006, 35 CLC (AD)

....lowing purchase of the stamp Abdur Rashid became ill. In the background of the said case of the plaintiff the appellate Court observed that had Abdur Rashid agreed to sell the land to the plaintiff prior to his becoming ill there was no occasion for Abdur Rashid to borrow money from the plaintiff......nsidered unsustainable. 14. In the background of our discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of Taka 5,000. Ed. ......nsidered unsustainable. 14. In the background of our discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of Taka 5,000. Ed. ..

Category: Property Law | Date: | Hits: 26

Capt. (Retd.) B. Akram Ahmed Khan Vs. BD Oil, Gas & Mineral Resources Corpn. & or, 2006, 35 CLC (AD)

....is accordingly, allowed without any order as to costs, the connected Civil Petition No. 400 of 2003 is dismissed. Ed. This Case is also Reported in:  28 BLD (AD) 2008, 126. ......is accordingly, allowed without any order as to costs, the connected Civil Petition No. 400 of 2003 is dismissed. Ed. This Case is also Reported in:  28 BLD (AD) 2008, 126. ...... ultimately, was promoted as Captain in 1974. In 1979 he was deputed as Director of Central Transport Pool of the Bangladesh Secretariat Service. The service of the petitioner was placed under the Ministry of Petroleum and Mineral Resource on 3-3-1980 for appointment on deputation as Manager of ..

Category: Employment/Service Law | Date: | Hits: 109

Ashequr Rahman (Md) Vs. Bangladesh Agricultural Research Institute, 2006, 35 CLC (AD)

.... that proceeding against him was not concluded within 180 days as per Regulation 43(8) of the Regulations. Accordingly, the appeal is dismissed without any order as to costs. Ed. ...... that proceeding against him was not concluded within 180 days as per Regulation 43(8) of the Regulations. Accordingly, the appeal is dismissed without any order as to costs. Ed. ...... that proceeding against him was not concluded within 180 days as per Regulation 43(8) of the Regulations. Accordingly, the appeal is dismissed without any order as to costs. Ed. ..

Category: Employment/Service Law | Date: | Hits: 92

Paper Converting & Packaging Ltd. Vs. Govt. of the People’s Repub of BD and ors, 2006, 35 CLC (AD)

.... been accrued to the plaintiff-petitioner in respect of the same for any declaration or any permanent injunction as sought for in the instant suit. The petition is dismissed. Ed. ...... been accrued to the plaintiff-petitioner in respect of the same for any declaration or any permanent injunction as sought for in the instant suit. The petition is dismissed. Ed. ......ion for disinvestment of some of the nationalised industrial concerns and abandoned properties and a high-powered body was constituted by the name "Disinvestment Working Group" under the Ministry of Industries to work out this policy on behalf of the Government. In pursuance of the sai..

Category: Procedural Law | Date: | Hits: 93

Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)

.... conditions which must be fulfilled before the power can be exer­cised the conditions precedent being the necessary legislation. Only- in one case "discretion had been given to the Chief Justice but prior to that specific provision was made for sitting of the Rangoon High Court at Mandalaya because......Petition No. 3 of 1989 is disposed of in terms of this Order. 6. There will be no order as to costs. Ed. This Case is also Reported in: (1989) BLD (Special Issue) 1, 41 DLR (AD) (1989) 165. ...... J A.T.M. Afzal J Anwar Hossain Chowdhury.................Appellant (In Civil Appeal No. 42 of 1988) Vs. Government of the People's Republic of Bangladesh, represented by the Secre­tary, Ministry of Law and Justice, Bangladesh Secre­tariat,Ramna,Dhaka & Others ……… Respondents..

Category: Constitutional Law | Date: | Hits: 1934

Bangladesh House Build­ing Finance Corporation Vs. Abdul Mannan, 1989, 18 CLC (AD)

....here. There is no scope for advancing any argument on supposed notions. In the result, therefore, this appeal is allowed with cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 143. ......here. There is no scope for advancing any argument on supposed notions. In the result, therefore, this appeal is allowed with cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 143. ......to demand payment of interest at any rate higher than the amount specified in the sanction letter; (c) that it be further declared that the Circular No.MF-Inv-IV/HBFC/23/77/15 dated 20.1.81 of the Ministry of Finance (Banking and Investment Divi­sion), Investment Wing, Sec-IV. of defendant No.2 ..

Category: Property Law | Date: | Hits: 41

Mozibur Rahman Vs. Chairman, Dhaka Improvement Trust, 1989, 18 CLC (AD)

.... impartial­ity of the board because he being a seeker for promotion himself by the same board he was likely to be obliging to other members of the board. This argu­ment of Mr. Maksum-ul-Hakim has a prior premise which has been the main burden of his submission and that is that the Chief Engineer h......egally and without any lawful authority. Let there be a fresh selection for promotion to the post of Executive Engineer as soon as possible. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 131......gineer) always wrote highly praising his activities and recommending for promotion. It was also alleged that the only impartial and outside member of the selection board, namely, the Joint Secretary, Ministry of Works was not present in any meeting of the selection board and he was intention­ally k..

Category: Employment/Service Law | Date: | Hits: 89

S.M. Shahjahan Ali Tara Vs. State, 1989, 18 CLC (AD)

.... 1987. The appellant will remain on the same bail till disposal of Criminal Appeal No. 430 of 1987 pending in the High Court Division, Dhaka. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 112...... 1987. The appellant will remain on the same bail till disposal of Criminal Appeal No. 430 of 1987 pending in the High Court Division, Dhaka. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 112......t Accountant of Sonali Bank, Sirajganj Branch, in collusion with the contractor. After investigation a charge-sheet was submitted against the appellant and the contractor, Firozur Rah­man. 3. The Ministry of Home Affairs by its Memo No. 364-Misc. II/84-L.s. dated Dhaka 28th June, 1984 recommende..

Category: Criminal Law | Date: | Hits: 53

Hazi Waziullah Vs. Additional Deputy Com­missioner, Revenue, Noakhali, 1989, 18 CLC (AD)

....f 1872), sections 13, 43 and 65. The judgment Ext. 7(d) is not inter parties, and ordinarily a judgment cannot be used as evidence against a person who is a stranger thereto. But the judgment in a prior suit together with the plaint and other steps taken in connection therewith is evidence of an ......d with costs. The impugned judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 97, 1989 BLD (AD) 135. ......d with costs. The impugned judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 97, 1989 BLD (AD) 135. ..

Category: Procedural Law | Date: | Hits: 146