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Administrator, Gammon Bangladesh Ltd. Vs. Tota Mia and others, 2002, 31 CLC (AD)

....is hardly any ground for allowing the appeal. Accordingly, the appeal is dismissed with­out any order as to costs. Ed.  This Case is also Reported in: 1 ADC (2004) 427. ......te Mr. Waliur Reza Chowdhury had to be suddenly away in his vil­lage home from 6.2.1996 to 9.2.1996 for his mother's illness. Further, Mr. Abdul Barek Chowdhury, advocate in the meantime filed a power on 4.3.1996 on behalf of the plaintiff respondent No. 1 and the office by an office note dat......s also Reported in: 1 ADC (2004) 427. ......is hardly any ground for allowing the appeal. Accordingly, the appeal is dismissed with­out any order as to costs. Ed.  This Case is also Reported in: 1 ADC (2004) 427. ..

Category: Procedural Law | Date: | Hits: 94

Mir Kalimuddin Vs. Mohammad Dhukhi Mondal and others, 2004, 33 CLC (AD)

.... that view of the matter we find no sub­stance in the petition. Accordingly the review petition is dis­missed. Ed. This Case is also Reported in: 1 ADC (2004) 413. ......s from the land in suit. 3. The suit was contested by the defendants stating, inter alia, that by an oral exchange in 1356 B.S defendant No. 8 got the property in suit and that thereafter a power of attorney was executed by the wife of Hajarilal Modal, who owned the property in suit in fa......ate-on-Record-For the Respondents. Civil Review Petition No. 63 of 2003. (From the Judgment and order dated April 5, 2003 passed by the Appellate Division in Civil Petition for Leave to Appeal No. 632 of 2002). Judgment         &...... that view of the matter we find no sub­stance in the petition. Accordingly the review petition is dis­missed. Ed. This Case is also Reported in: 1 ADC (2004) 413. ..

Category: Property Law | Date: | Hits: 29

Md. Abdul Mazid Vs. Secretary, Ministry of Energy and Mineral Resources, BD, 2002, 31 CLC (AD)

....dgment and order dated 20.5.1998 passed by the High Court Division in Writ-Petition Nos. 4646 and 4648 of 1997 are set aside. Ed. This Case is also Reported in: 1 ADC (2004) 409. ......the appeals, these are disposed of by this judgment. 2. The short facts leading to Writ Petition No. 4646 of 1997 are that writ petitioner, who is a Diploma Engineer (Electrical) had joined power Development Board on 9.12.1977 as Sub-Assistant Engineer in Dhaka Zone, System Control Center......of 2001) Vs. The Secretary, Ministry of Energy and Mineral Resources, Bangladesh Secretariat, Dhaka and oth­ers.........Respondents. (In both the appeals) Judgment October 26, 2002. Case Referred To- Md. Torab Ali Vs. Bangladesh Textiles Mills Corpora......dgment and order dated 20.5.1998 passed by the High Court Division in Writ-Petition Nos. 4646 and 4648 of 1997 are set aside. Ed. This Case is also Reported in: 1 ADC (2004) 409. ..

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

Sonali Bank Vs. Md. Sirajul Hoque Chowdhury and oth­ers, 2004, 33 CLC (AD)

....0;ায় হিসাবে গ্রহন করে।“    12. As per provision of the Ain financial institution, as the appellant, is required to file suit in the Artha Rin Adalat establish...... 4 as the defendants along with oth­ers. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 394. ......oan of Tk. 5,00,000/- by way of Cash credit (hypothe­cation) and Tk. 30,00,000/- by way of Cash Credit (pledge) and the loanees executed charge documents in favour of the Bank, that propri­etors (defendant Nos. 3 and 4) of M/S Chowdhury Trading, a dealer of the defendant No. 7 (Zia Fertil...... 4 as the defendants along with oth­ers. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 394. ..

Category: Civil Law | Date: | Hits: 121

Government of Bangladesh Vs. Md. Akhteruzzaman, 2002, 31 CLC (AD)

....refore no ques­tion of review arises. In view of the above, the appeal is dis­missed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2002) 335. ......the Administrative Tribunal. He further submits that the secretary of the Ministry having been authorized by the appointing authority to frame change against the respondent and he having been empowered under section 6(2) of the Government Servant (Special Provision) Ordinance, 1979 to issue ......ip;….Appellant Vs. Md. Akhteruzzaman..........................Respondent Judgment November 24, 2002. Lawyers Involved: AJ Mohammad Ali, Additional Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Appellant. Md.......refore no ques­tion of review arises. In view of the above, the appeal is dis­missed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2002) 335. ..

Category: Employment/Service Law | Date: | Hits: 62

Khursheda Jahan Vs. Syada Shafinaz Jahan and others, 2002, 31 CLC (AD)

....uted in favour of the pre-emptee appellants. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 310. ......ddique Hossain was the owner of the suit property. He died leaving behind his wife, five sons and three daughters who possessed the same in ejmali as co sharer tenants. The wife and sons executed a power of attorney in favour of syed Amzad Hossain who is also a son of Syed Siddique Hossain. The ......ain was the owner of the suit property. He died leaving behind his wife, five sons and three daughters who possessed the same in ejmali as co sharer tenants. The wife and sons executed a power of attorney in favour of syed Amzad Hossain who is also a son of Syed Siddique Hossain. The pre-emptor ......uted in favour of the pre-emptee appellants. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 310. ..

Category: Property Law | Date: | Hits: 28

Abdur Rahim Chowdhury @ Jashim Vs. State, 2003, 32 CLC (AD)

....e High Court Division. In such view of the mat­ter, this jail petition merits no consideration and accordingly it is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 304. ......bdus Sattar Chowdhury had four sons and seven daughters. The eldest son Salim Chowdhury and youngest son Rabiul Awal are abroad while informant Abdul Karim Chowdhury being sec­ond son served in power development Board, Chittagong as Sub-Assistant Engineer. The accused Abdur Rahim alias Jashim......tion Vs. The State...............................Respondent Judgment December 7, 2003. Jail Petition No. 3 of 2003. (From the judgment and order dated October, 2002 passed by the High Court Division in Death Reference No.17 of 1999 with Appeal 2023 of......e High Court Division. In such view of the mat­ter, this jail petition merits no consideration and accordingly it is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 304. ..

Category: Criminal Law | Date: | Hits: 55

Md. Saiful Islam and another Vs. Sheikh Hasanul Huq and others, 2004, 33 CLC (AD)

....ed without any order as to cost and the judgment and order passed by the High Court Division making The Rule absolute is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 290. ......ed without any order as to cost and the judgment and order passed by the High Court Division making The Rule absolute is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 290. ......petition impugning the Memo dated 24.11.92. where by his seniority was taken away, stating inter alia that on 9.12.1978 he joined Bangladesh Power Development Board as an Assistant Engineer; he had to ten­der resignation from service under BPDB with effect from 20.7.1979 for taking job abroad......ed without any order as to cost and the judgment and order passed by the High Court Division making The Rule absolute is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 290. ..

Category: Employment/Service Law | Date: | Hits: 82

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

....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. ......g of the case. 2. Facts, in short are that respondent 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 ......ry of LGRD and co-operatives on 22nd December, 1984 as Executive Engineer in the Local Government Engineering Bureau. Thereafter he was transferred from Chittagong Zilla Parishad on 25th June, 1985 to LGRD Head Quarter at Dhaka as superintendent Engineer and he worked there as superintendent Eng......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. ..

Category: Administrative Law | Date: | Hits: 95

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

.... 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. ......Nos.1-3 were placed at serial Nos.109, 115 and 118 respectively and the appellant was placed at serial No.128. After publication of the grada­tion list new Service Rule of the employees of the power Development Board was published in the Gazette on March 4, 1982 and the Rule 19 of the said R...... 1-3. Ex-parte-Respondent Nos. 4-7. Civil Appeal No. 581 of 2001. (From the Judgment and Order dated July 13, 1999 passed by the High Court Division in Civil Petition for leave to Appeal No. 129 of 1999 [heard along with C.P. No. 52 of 1999]). Judgment  &nb...... 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)

....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. ......ial Relation Ordinance, 1969 that the Registrar had authority to decide about the validity and legal­ity of any elected committee and further that the High Court Division failed to exercise its power of judicial review under Article 102 of the con­stitution in the manner required by the ......or the Appellants. Abdul Wadud Bhuiyan, Senior Advocate, instructed by Fakrul Islam, Advocate-on-Record-For respondent Nos. 5-8 10, 12, 15, 17, 18, 20-29. Fida M. Kamal, Additional attorney General instructed by Ahsanullah Ullah Patwary, Advocate-on Record-For Respondent Nos. 1-2. ......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

Bangladesh Water Development Board Vs. M/s Zakir Construction & Co., 2000, 29 CLC (AD)

....refore no merit in this appeal and the same is liable to be dismissed. The appeal is accordingly dismissed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 160. ...... as his jurisdiction is limited by terms of his reference. 12. Mr. Bhuiyan submits that in the present case the Arbitrator acted beyond his jurisdiction as law has not entrusted him with any power to award interest-till realization. This question was raised before the trial Court and after......Board WAPDA Building, Motijheel, Dhaka ..............Appellant Vs. M/s Zakir Construction & Co........Respondent Judgment November 27, 2000. Case Referred to- Bangladesh Agricultural Development vs. Kibria and Associates Ltd. 46 DLR (AD) 97. ......refore no merit in this appeal and the same is liable to be dismissed. The appeal is accordingly dismissed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 160. ..

Category: Civil Law | Date: | Hits: 89

Mostafizur Rahman & 5 others Vs. Government of Bangladesh and 5 others, 1997, 26 CLC (AD)

....t could be decided in a proper case. For the above reasons all these appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 141. ......as been, inter alia, stated therein that the Government refixed the tariff value of different importable items of goods by issuing notifica­tion S.R.O. No. 224 dated 14.6.90 in exercise of the power conferred on it under section 25 (7) of the Customs Act, 1969 and in super ses­sion of no...... 6 of 1995) Vs. Government of Bangladesh and 5 others........Respondents (In Civil Appeal No. 6 of 1995). Judgment May 21, 1997. Cases Referred To- Collector of Customs, Chittagong and others Vs. A. Hannan 42 D.L.R (AD) 167; Collector of Customs, Chitta......t could be decided in a proper case. For the above reasons all these appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 141. ..

Category: Fiscal/Taxation Law | Date: | Hits: 199

Md. Sirajuddin Vs. Mohibunessa and others, 2002, 31 CLC (AD)

....he appeal is allowed and the impugned judgment of the High Court Division is set aside. No order is made as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 136. ......the change of number of khatian by ways of correction of one number to another either in the plaint or in the decree and in the document in question can be very well done by exercising the inherent power of the court under Section 151 of the Code of Civil Procedure under the facts and circumstanc......                  Sayeed JR Mudassir Husain J. - In this appeal, leave has been granted by this division on 1.12.94 to consider as to whether the learned single judge of the High Court division was jus­tified or......he appeal is allowed and the impugned judgment of the High Court Division is set aside. No order is made as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 136. ..

Category: Property Law | Date: | Hits: 23

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

.... 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. ......mittee and the enquiry officer after giving personal hearing to the appellant submitted his report on 12 September, 1994 observing that there was shortage of employees and that with increase of manpower the activi­ties with regard to system loss reduced and also there was increase in revenue......er), he was serv­ing in Dagon Bhuiyan Electric Supply on being transferred from Raipur Electric Supply, where he was Resident Engineer, was server with the letter dated 23 July 1994 asking him to explain why disciplinary action under the Bangladesh Power Development Board (Employees) Service...... 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

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

....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. ......ion it may be held in the following academic year and the Registered Graduates already enrolled in the previ­ous year shall be entitled to take part in the election. So the law has given ample power to the authority to shift the date of election of a particular academ­ic year to subseque......Vs. Mr. Giasuddin Ahmed Chowdhury @ Gias Kamal Chowdhury and others..............Respondents (In Civil Petition No. 9 of 2001) Judgment December 10, 2001. Cases Referred to- Imtiaz Ahmed Vs. Ghulam Ali, 15 DLR (SC) 283; Md. Enayet Ali Vs. Munsif, First Court, K......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

Arun Karmakar Vs. State, 2002, 31 CLC (AD)

....n the result, this appeal is allowed setting aside the impugned judgment and order of the High Court Division. Ed. This Case is also Reported in: I ADC (2004) 63; 8 MLR (AD) 162; 7 BLC (AD) 61. ...... of any minor as the determination of such a question depends on several facts and circum­stances including documentary and other evidence. 4. Pobir Halder the learned Advocate sub­mits that the power of the High Court Division under section 491 of the Code of Criminal Procedure is quite indepe...... Vs. The State represented by the Deputy Commissioner, Satkhira and another ……………....Respondents Judgment February 3, 2002. Result: The appeal is allowed. Cases Referred to- Wahed Ali Dewan Vs. The State and others, 46 DLR (AD) 10; Sree Mangla Chandra Nandi Vs. Bangl......n the result, this appeal is allowed setting aside the impugned judgment and order of the High Court Division. Ed. This Case is also Reported in: I ADC (2004) 63; 8 MLR (AD) 162; 7 BLC (AD) 61. ..

Category: Criminal Law | Date: | Hits: 34

Military Estate officer, Dhaka Cantonment Vs. Sk. Mohammad Ali and others, 2002, 31 CLC (AD)

....ed for. 9. There is, therefore, no merit in this appeal and the same is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 46. ...... possession on the strength of notice dated 29.12.1976. But this notice was ultimately found to be illegal and of no legal effect by the High Court Division. In such a situation can a court remain powerless and a silent spectator and watch that in spite of the fact that a decree has been passed ...... Supreme Court Appellate Division (Civil) Present: Mahmudul Amin Choudhury CJ Md. Ruhul Amin J K. M. Hasan J Military Estate officer, Dhaka Cantonment, Dhaka and another..........Appellants Vs. Sk. Mohammad Ali and others............ed for. 9. There is, therefore, no merit in this appeal and the same is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 46. ..

Category: Property Law | Date: | Hits: 31

Shahabuddin Chisti Vs. Rajdhani Unnayan Katripakhya and another, 2008, 37 CLC (AD)

....ned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009), 73; VI ADC (2009) 271. ......ng aside the decree of the trial Court holding the suit as not maintainable; that impugned memo dated 06.04.1999 is ex facie, illegal and without jurisdiction and has not been issued in exercise of power under Section 9 of the Building Construction Act, and the same is violation of principle of ......1 Rajdhani Unnayan Katripakkhya in short RAJUK as illegal, without jurisdiction and not binding upon the plaintiff. 3. In the plaint it was asserted, inter alia, that the suit land belonged to Israt Reba Mohammad Zunaid and  Shamim Ara Rafique who proposed to sell the property to&nbs......ned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009), 73; VI ADC (2009) 271. ..

Category: Property Law | Date: | Hits: 40

State Vs. Md. Firoj Ahmed, 2007, 36 CLC (AD)

....In the above facts and circumstances of the case we find no merit in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 263. ......In the above facts and circumstances of the case we find no merit in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 263. ......………..Petitioner Vs. Md. Firoj Ahmed ............Respondent Judgment September 30, 2007. Lawyers Involved: Abu Bakker Siddique, Deputy Attorney General instructed by Abu Sams Md. Khalequzzaman Advocate-on-Record-For the Petitioner. ......In the above facts and circumstances of the case we find no merit in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 263. ..

Category: Criminal Law | Date: | Hits: 37