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Giasuddin Quader Chowdhury Vs. ABM Fazle Karim Chowdhury and others, 2002, 31 CLC (AD)
....Any person aggrieved by a decision of the High Court Division may within thirty days of the announcement of the decision appeal to the Appellate Division (if it grants leave to appeal.) ......s, it is necessary to set out the relevant provision of Article 107 of the Constitution of the People's Republic of Bangladesh, the Notification issued by the Register of the Supreme Court and the provisions of Articles 49, 50, 51, 57 and 58 of the Representation of the People's Order, 1972 (P.O..Category: Election Law | Date: | Hits: 312
Anu Miah and others Vs. Gauranga Chandra Sharma and others, 2002, 31 CLC (AD)
.... the High Court division. In the result, we find no merit in this appeal and it is dismissed without any order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 462. ......ersed the judgment of the lower appellate court although the same is a final court of fact in as much as the lower appellate court failed to apply his judicial mind and wrongly interpreted the provisions of section 73 of the Evidence Act. We therefore hold the above finding of the Appellate ..Category: Property Law | Date: | Hits: 27
Md. Abdul Mazid Vs. Secretary, Ministry of Energy and Mineral Resources, BD, 2002, 31 CLC (AD)
.... proceedings. Further, the decision reported in 41 DLR 138 and the unreported decision by the Appellate Division in Civil petition for Leave to Appeal No. 776 of 1998 clearly demonstrate that it is mandatory that the copies of the inquiry report must be furnished along with second show cause noti......all the relevant procedure of Service Rules, 1982 were followed and the enquiry officers, after giving all opportunities as provided in Service rules, 1982 and also complying the provisions of natural justice, found that the charge against the petitioners have been proved..Category: Employment/Service Law | Date: | Hits: 89
Sonali Bank Vs. Md. Sirajul Hoque Chowdhury and others, 2004, 33 CLC (AD)
.... 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. ......72;' and only these categories are to be held responsible in case of default in the repayment of the amount became due as against the ' ঋন’ availed from financial institution. The provisions of the Ain and particularly the provision of Section 2(kha) of the Ain do not conte..Category: Civil Law | Date: | Hits: 121
Government of Bangladesh Vs. Md. Anwarul Islam, 2002, 31 CLC (AD)
....late Tribunal as aforesaid as hereby deleted and the appeal is accordingly disposed of. No order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 390. ......nst the petitioner after he had joined District Police Force. Khulna on transfer he (O. P. No. 3) had no jurisdiction for taking disciplinary action against the petitioner because the provisions of Regulation No. 859 of P.R.B, and Section 9 of the DMP Ordinance (III of 1976) provid..Category: Administrative Law | Date: | Hits: 103
Tariqul Islam Vs. State, 2002, 31 CLC (AD)
....gally sustained. For the above reasons, we fined substances in both the appeals and accordingly both the appeals are allowed. Ed. This Case is also Reported in: 1 ADC (2004) 351. ......pendently to implicate the appellant in the case and as such the framing of charge against the appellant cannot be sustained in law. 14. The learned Counsel has next contended that the provisions of Section 265B and 265C of the code of Criminal Procedure have been introduced after om..Category: Criminal Law | Date: | Hits: 47
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. ......lic Administration with effect from 5.2.1989. The appellant then applied for leave from 31.1.1989 to 28.2.1989. The Secretary, Ministry of Planning framed charge against him on 31.1.1989 under the provisions of Government Servants (Special Provisions) Ordinance, 1979 and asked him to show cause ..Category: Employment/Service Law | Date: | Hits: 62
Md. Shah Alam Vs. Md. Islam and others, 2004, 33 CLC (AD)
....ity in the decision of the High Court Division. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 294. ...... 20 and 21 of Other Suit No.75 of 1963 and the writ of delivery of possession of the Execution Case are mere paper transactions and were concocted fraudulently, it appears that in terms of the provisions of section 114 (e) of the Evidence Act, there is a preemption that the above c..Category: Procedural Law | Date: | Hits: 87
Khurshid Alam and other Vs. Azizur Rahman and others, 2004, 33 CLC (AD)
....d. The judgment and order passed by the High Court Division in Criminal Revision Nos. 88, 89 & 90 of 1987 are hereby set aside. Ed. This Case is also Reported in: 1 ADC (2004) 277. ......further that the High Court Division failed to appreciate that M/S Master Industries Ltd. was not constituted or established under any law but it had come into existence in accordance with the provisions of the Companies Act, 1913 and as such it can not be said to be 'body corporate' with in..Category: Criminal Law | Date: | Hits: 40
Nizam Uddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 2004, 33 CLC (AD)
....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. ...... exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall, without prejudice to any other provisions of this Act be punished with imprisonment for a term which may extend to one year, or w..Category: Business or Commercial Law | Date: | Hits: 138
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. ......s were absorbed as Executive Engineer in the LGRB by the office order dated 22nd December 1984 and at that relevant time terms and conditions of the service of LGEB personnel were regulated by the provisions of East Pakistan Local Council Service Rules 1968 and there in secretary of ..Category: Administrative Law | Date: | Hits: 95
Afsar Uddin Sarker Vs. Md. Aftabuddin & others, 2002, 31 CLC (AD)
....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. ......all frame a scheme for the administration of such waqf property as nearly as possible in conformity with the wishes of the waqf and the terms and conditions of the waqf and in accordance with the provisions of this Ordinance subject to the approval of the Administrator who may make such modi..Category: Trust/Waqf Law | Date: | Hits: 200
Government of Bangladesh Vs. Shamsuddin Ahmed, 2003, 32 CLC (AD)
....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. ...... 1935 had been complied with and for determining the plaintiff's claim for arrears of salary from August, 1948 to 15 November, 1949. On remand the trial court framed several issues and found that the provisions of section 240 of the Government of India Act, 1935 had not been complied with, that the ..Category: Administrative Law | Date: | Hits: 138
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. ...... on consideration of the materials found the writ petitioner negligent in attaining the target relating to system loss and enhancing revenue that "since no consequence is provided in the provisions sub rule 4 of being prejudiced because of non mentioning of punishment of compulsory ret..Category: Employment/Service Law | Date: | Hits: 69
Raushan Akhter @ Moharaji Bibi and others Vs. Khandakar Mosharraf Hossian & Ors, 2004, 33 CLC (AD)
....appellants for the ground on which the leave was granted this appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 100. ......f the State Acquisition and Tenancy Act. Section 89 (4) of the Act reads as under: 89(4). If the transfer of a portion or share of such a holding be one to which the provisions of section 96 apply, there shall be filed notices giving particulars of the transfer ..Category: Property Law | Date: | Hits: 30
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. ......bsp; Mahmudul Amin Choudhury CJ. - In this appeal leave was granted to consider the following:- "That in view of the existence of the statutory provisions of filing election petition as provided in Article 46(17)(ii) of the first statute..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. ......ards Act of 1890 regulated the custody of the minors and section 491 Cr.P.C. is quite independent could empowers the Court to issue the writ of haves corpus in appropriate cases irrespective of the provisions of the Guardianship and Ward Act, 1890." 18. In the case of Miss Hina Jilani Vs. Sohai..Category: Criminal Law | Date: | Hits: 34
Military Estate officer, Dhaka Cantonment Vs. Sk. Mohammad Ali and others, 2002, 31 CLC (AD)
....the higher courts of the Sub-continent is that in such circumstances the provision of section 144 of the Code is not attracted. It is well established that terms of section 144 of the Code is mandatory but this is not exhaustive. It only provides procedure for restitution in the case o......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)
....ction 3 of the Building Construction Act, 1952 empowered RAJUK to allow plan to construct or reconstruct or to make addition or alteration to any building or excavate or re-excavate providing mandatory provision for such purpose sanctioned of the authorized officer inasmuch as the said......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. ......er found that the FIR and the charge sheet do not disclose any offence either under Special Powers Act or any other law of the country and the materials seized in this case do not attract the provisions of Section 25B (1) (a) and (b) of the Special Powers Act, 1974 and held that the impugne..Category: Criminal Law | Date: | Hits: 37
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