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Jihad Ahmed and others Vs. Bangladesh Power Development Board and others, 2000, 29 CLC (AD)
....rred from one district to another. 6. A reference to article 14 of the Bangladesh Power Development Board (Employees) Service Rules, 1982 shows that an employee may be transferred from one post to another. This is the general rule regarding transfer of an employee of the PDB. The circul...... accepted. 8. Consequently, both the points of Sheikh Razzaque Ali failed. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 75. ...... accepted. 8. Consequently, both the points of Sheikh Razzaque Ali failed. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 75. ...... accepted. 8. Consequently, both the points of Sheikh Razzaque Ali failed. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 75. ..Category: Employment/Service Law | Date: | Hits: 90
Abdur Rahim Chowdhury Vs. Bangladesh Bank and others, 2000, 29 CLC (AD)
....ders under the provisions of section 46(2) of the Banking Companies Act, 1991. 2. Appellant while serving as the Managing Director of Arab Bangladesh Bank Ltd. having been promoted to that post on March 1994, was served with an order by respondent No.1 dated 22-12-96 to show cause within......gment and order requires no interference by this Court. The appeal is dismissed with cost to the respondents. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 71. ......gment and order requires no interference by this Court. The appeal is dismissed with cost to the respondents. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 71. ......gment and order requires no interference by this Court. The appeal is dismissed with cost to the respondents. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 71. ..Category: Business or Commercial Law | Date: | Hits: 116
Jamshed Ali Vs. AKM Abdullah and others, 2000, 29 CLC (AD)
....rs of the Members. He further submits that the Presiding Officer supplied to the agent of respondent, result sheet which is indicative of the fact that the counting was peacefully completed for the post of the Chairman. If any disturbance took place it was during the counting of ballot papers of......t papers of the Chairman but the contention of the respondent is that it took place after completion of counting of ballot papers of the Chairman and during the of counting of ballot papers of the members. This is a disputed question which could not be resolved by affidavits. Admittedly the Pres......………..Appellant Vs. AKM Abdullah and others……………… Respondents Judgment January 17, 2000. The Local Government (Union Parishads) Ordinance, 1983 (LI of 1983), Section 26 When the election process is stil......p;……..Appellant Vs. AKM Abdullah and others……………… Respondents Judgment January 17, 2000. The Local Government (Union Parishads) Ordinance, 1983 (LI of 1983), Section 26 When the election process is still on, ..Category: Election Law | Date: | Hits: 110
Pioneer Garments Limited Vs. Md. Abul Kalam Azad and anr, 2000, 29 CLC (AD)
....n Manager only in name or whether he actually working in a managerial capacity. This fact is to be determined by the Labour Court and not the High Court Division. It has been held that whether the post in question is the post of an officer or a worker or workman is purely a question of fact whi......ecision of the High Court Division we find no merit in this petition. The petition is therefore dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 45. ......ecision of the High Court Division we find no merit in this petition. The petition is therefore dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 45. ......ecision of the High Court Division we find no merit in this petition. The petition is therefore dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 45. ..Category: Labour and Industrial Law | Date: | Hits: 138
....5)(a) of the Ordinance which is also an infirmity of the said list. The appeal is accordingly dismissed without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (AD) (2000) 36.
......5)(a) of the Ordinance which is also an infirmity of the said list. The appeal is accordingly dismissed without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (AD) (2000) 36.
......
Appellate Division
(Civil)
Present:
ATM Afzal CJ
Mustafa Kamal J
Latifur Rahman J
Md. Abdur Rouf J
Bimalendu Bikash Roy Choudhury J
Karnaphuli Paper Mills Workers Union………………….Appellant
Vs.
Karnaphuli Paper Mills Ltd. Employees Union & a......5)(a) of the Ordinance which is also an infirmity of the said list. The appeal is accordingly dismissed without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (AD) (2000) 36.
..
Category: Labour and Industrial Law | Date: | Hits: 163
Mustafa Kamal and another Vs. Commissioner of Customs and others, 1999, 28 CLC (AD)
.... lawful authority insofar as they relate to Soda Ash Light. In the result, the two appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 1. ......o account extraneous matter or policy considerations while fixing tariff value. It can take only those matters consideration, which are germane to the Customs Act and not anything else. Besides, some members of the said Chamber earlier imported a huge quantity of Soda Ash Light and by lobbying for e...... lawful authority insofar as they relate to Soda Ash Light. In the result, the two appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 1. ...... lawful authority insofar as they relate to Soda Ash Light. In the result, the two appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 1. ..Category: Business or Commercial Law | Date: | Hits: 165
Hafizuddin (Md) & 3 ors Vs. Bangladesh Bank, represented by Governor & ors, 1997, 26 CLC (AD)
....d 23-11-95 dismissed all the five appeals substantially agreeing with the decision of the Administrative Tribunal. 4. The gist of the petitioner’s case is that, the recruitment to the posts of Class-I Officers of the Bangladesh Bank is subject to the maintenance of ratio of 2:1 betw...... made any submission on this finding. 15. We find no ground for interference. The petitions are dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 147 ...... made any submission on this finding. 15. We find no ground for interference. The petitions are dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 147 ...... made any submission on this finding. 15. We find no ground for interference. The petitions are dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 147 ..Category: Administrative Law | Date: | Hits: 159
Shamsul Arafin Khan Vs. Kazal Miah and others, 1997, 26 CLC (AD)
.... the appellant. Accordingly, the appeal is allowed and the impugned order set aside without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 175 ...... the appellant. Accordingly, the appeal is allowed and the impugned order set aside without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 175 ......n on 31-5-93. 2. The short fact relevant for disposal of this appeal may be briefly narrated as follows: 3. Respondent No. 1 Kajal Miah was declared elected as the Chairman of Birgaon Union Parishad within PS Nabinagar, District Brahmanbaria in the election held on 26-2-92. The appe......1-5-93. 2. The short fact relevant for disposal of this appeal may be briefly narrated as follows: 3. Respondent No. 1 Kajal Miah was declared elected as the Chairman of Birgaon Union Parishad within PS Nabinagar, District Brahmanbaria in the election held on 26-2-92. The appellant ..Category: Others | Date: | Hits: 87
Azizul Haque Sikder and others Vs. Collector of Customs, Chittagong and others, 1997, 26 CLC (AD)
....itment and certain percentage by promotion from amongst the Preventive Officers at all times, the proportion varying at various stages. The petitioners were all Preventive Officers who joined their posts on various dates in 1965. Only appellant No. 2 was transferred as a Preventive Officer and a......ntive officers and appraisers were placed in the same pay scale of Taka 470-1135.00. The appellants contended that by having the same scale of pay the preventive officers and appraisers have become members of the same class with effect from 26-6-83. They therefore contend that they have become s......own by both the Tribunals below. For the foregoing reasons, the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 172 ......own by both the Tribunals below. For the foregoing reasons, the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 172 ..Category: Administrative Law | Date: | Hits: 160
Sirajul Islam Chowdhury and others Vs. Md. Jainal Abedin & ors., 1997, 26 CLC (AD)
....age. The defendant- appellants are directed to pay the said amount within one month. There will be no order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 164 ...... past. He obtained necessary permission from the Department of Industries, Government of Bangladesh on 29-7-85 (Exts. 5 and 5(a)) for setting up a ship-breaking industry at Bhatiary. He is also a member of the Ship-breaking Companies Association. The defendant-appellants had their ship- breakin......age. The defendant- appellants are directed to pay the said amount within one month. There will be no order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 164 ......age. The defendant- appellants are directed to pay the said amount within one month. There will be no order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 164 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 213
State Vs. Abdul Khaleque alias Abdul Khaleq Howlader, 1997, 26 CLC (AD)
....ia Government Primary School Poling Centre on 10-2-88 when the election for chairmanship of No. 8 Barguna Union Parishad was going on. Respondent Abdul Khaleq Howlader was a contestant for the said post. One Abdul Khaleq Khan was another candidate among whose supporters were deceased Asaduzzaman ......nt Bench. The respondent will continue to remain on the same bail already granted to him till the disposal of the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 154 ......or the observations made before. 3. The alleged occurrence took place at the Heulibunia Government Primary School Poling Centre on 10-2-88 when the election for chairmanship of No. 8 Barguna Union Parishad was going on. Respondent Abdul Khaleq Howlader was a contestant for the said post. O...... observations made before. 3. The alleged occurrence took place at the Heulibunia Government Primary School Poling Centre on 10-2-88 when the election for chairmanship of No. 8 Barguna Union Parishad was going on. Respondent Abdul Khaleq Howlader was a contestant for the said post. One Abd..Category: Criminal Law | Date: | Hits: 77
Sudangshu Kumar Saha Vs. Government of Bangladesh, 1997, 26 CLC (AD)
....llegality in the impugned judgment and order. The petition is also barred by 12 days. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 129 ......llegality in the impugned judgment and order. The petition is also barred by 12 days. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 129 ......llegality in the impugned judgment and order. The petition is also barred by 12 days. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 129 ......llegality in the impugned judgment and order. The petition is also barred by 12 days. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 129 ..Category: Administrative Law | Date: | Hits: 120
AFB Jahan Mia (Md) Vs. Chairman, National Board of Revenue and others, 1997, 26 CLC (AD)
.... appellant’s application in part, directing the respondents to r the appellant’s period service as Upper Division Assistant from 29.9.70 for the purpose of counting his seniority in the post of Inspector of Taxes, 2. The appellant joined the Presidents Secretariat in Islamabad......all the above reasons we do not find any ground for interference. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 122 ......all the above reasons we do not find any ground for interference. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 122 ......all the above reasons we do not find any ground for interference. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 122 ..Category: Administrative Law | Date: | Hits: 140
Nesar Ahmed also known as Babul Vs. Government of Bangladesh, 1997, 27 CLC (AD)
.... more are set aside. The appellant be set at liberty forth with if not required in connection with any other case. Ed. This case is also reported in: 49 DLR (AD) (1997) 111 ...... more are set aside. The appellant be set at liberty forth with if not required in connection with any other case. Ed. This case is also reported in: 49 DLR (AD) (1997) 111 ......Special Powers Act, 1974 which the appellant did not avail of. 2. The appellant’s case in the writ petition was that on 19-9-91 one Tabarakullah, Chairman- in-Charge of No. 8, Sonapur Union Parishad under PS Begumganj lodged a first information report with Begumganj PS against the a......l Powers Act, 1974 which the appellant did not avail of. 2. The appellant’s case in the writ petition was that on 19-9-91 one Tabarakullah, Chairman- in-Charge of No. 8, Sonapur Union Parishad under PS Begumganj lodged a first information report with Begumganj PS against the appella..Category: Criminal Law | Date: | Hits: 98
.... statement and, as such, no arguments were allowed to be made on his behalf.
The appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 49 DLR (AD) (1997) 87.
...... statement and, as such, no arguments were allowed to be made on his behalf.
The appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 49 DLR (AD) (1997) 87.
...... statement and, as such, no arguments were allowed to be made on his behalf.
The appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 49 DLR (AD) (1997) 87.
......eir livelihood, although they are not parties to the dispute of shifting the school from one place to another.
3. Appellant Nos. 1 and 2 jointly as respondent Nos. 1 and 2 and the Chairman Upazila Parishad. Kazipur respondent No. 4 contested the Rule by filing two sets of affidavit-in-opposition ..
Category: Employment/Service Law | Date: | Hits: 95
Reazuddin Ahmed (Md) Vs. State and another, 1996, 25 CLC (AD)
....on as well as the order of conviction and sentence passed against the appellant under section 406 of the Penal Code. Ed. This Case is also reported in: 49 DLR (AD) (1997) 64; 1997 BLD (AD) 123. ......on as well as the order of conviction and sentence passed against the appellant under section 406 of the Penal Code. Ed. This Case is also reported in: 49 DLR (AD) (1997) 64; 1997 BLD (AD) 123. ......the trial Magistrate dated 26-5-92 that at the time of granting bail to the appellant for filing appeal against the order of conviction he has noticed that the accused appellant an Ex-Chairman of the Union Parishad was aged about 70 years and he had also been suffering from mental imbalance. ......ial Magistrate dated 26-5-92 that at the time of granting bail to the appellant for filing appeal against the order of conviction he has noticed that the accused appellant an Ex-Chairman of the Union Parishad was aged about 70 years and he had also been suffering from mental imbalance. 8. I..Category: Criminal Law | Date: | Hits: 78
Abul Ahsan Vs. Administrator of Pabna Cham. of Com. & Ind. & anr, 1997, 26 CLC (AD)
.... decision. Accordingly, those petitions are disposed of as not being necessary for deciding the questions raised therein. Ed. This case is also reported in: 49 DLR (AD) (1997) 46 ......s Exec Committee before hearing of the suit. On 14-6-95 the plaintiff filed another application praying for temporary injunction against defendant No. 2 for restraining him from altering the membership list and from making any new member of the Organisation and the trial Court passed an or...... decision. Accordingly, those petitions are disposed of as not being necessary for deciding the questions raised therein. Ed. This case is also reported in: 49 DLR (AD) (1997) 46 ...... decision. Accordingly, those petitions are disposed of as not being necessary for deciding the questions raised therein. Ed. This case is also reported in: 49 DLR (AD) (1997) 46 ..Category: Procedural Law | Date: | Hits: 122
Mofizul Huq Vs. Mofizur Rahman and others, 1997, 26 CLC (AD)
.... 5. Among other operative orders recorded in the impugned judgment it has been ordered, which is found to be quite unusual, that “accordingly we make him (appellant) unseated from the post of the Chairman of the said Union Parishad.” It was not required to make that kind of an......ecision may be usefully quoted below. Section 7(2)(e) of the Local Government (Union Parishads) Ordinance 1983 reads as follows: 7. Qualifications and disqualifications of Chairman and members of Union Parishads. (1)…………………......al by leave is whether the High Court Division is right in holding that a recognised non-government secondary school is a local authority within the meaning of section 7(2) (e) of the Local Govern (Union Parishads) Ordinance), 1983, briefly, the Ordinance and that the appellant being a full time......leave is whether the High Court Division is right in holding that a recognised non-government secondary school is a local authority within the meaning of section 7(2) (e) of the Local Govern (Union Parishads) Ordinance), 1983, briefly, the Ordinance and that the appellant being a full time teach..Category: Others | Date: | Hits: 85
Bangladesh Vs. Abdul Latif Chokder , 1997, 26 CLC (AD)
....d that as the respondent was convicted on a criminal offence, no show cause was necessary in his case. Thereafter he was removed from service by order dated 25-9-78. Although the respondent’s post was upgraded to a Class I post since 1-7-73, he and other officers of his rank are governed r...... was granted. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 393, 49 DLR (AD) (1997) 29 ...... was granted. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 393, 49 DLR (AD) (1997) 29 ...... was granted. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 393, 49 DLR (AD) (1997) 29 ..Category: Administrative Law | Date: | Hits: 106
Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)
....to procedure as well, treating even a letter as a writ petition. The growth has been a continuous process in which induction of special enquiry by the Cot fact-finding commissions, schematic remedies post-decision monitoring came to be used implementation tools. 36. Sri Lanka found difficulty in ......lidated personality will be a stand taken against the Constitution. Insofar as it concerns public wrong or public injury or invasion of fundamental rights of an indeterminate number of people, any member of the public, being a citizen, suffering the common injury or common invasion in common with......on of Pakistan, PLD 1988 (SC) 416; Shehla Zia vs WAPDA PLD 1994 (SC) 693; The South Asian Environment Law Reporter, Vol. 13, September, 1994, Colombo, Srilanka, pp. 113—145; SP Gupta and others vs. Union of India and others, better known as the Judges case, (1981) AIR (SC) 344; Fertilizer Corporat......tion be remitted to the High Court Division for hearing on merit. For writing out the judgment, I requested brother Mustafa Kamal, J who was the author of the decision in the Bangladesh Sangbad Patra Parishad case 43 DLR (AD) 126 which, we felt, was wrongly applied by the High Court Division in the ..Category: Constitutional Law | Date: | Hits: 450
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