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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. ...... Rahman and respondent No. 6 Md. Shafiqur Rahman of the writ petition were elected as president and General Secretary respectively. Subsequently on 02.04.1999 Gazi Habibur Rahman resigned from his post and petitioner No. 1 Sultan Ahmed Talukder was co opted as president of the said Union. The Un......l is accordingly 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

Chairman and another Vs. Md. Sakhawat Hossain and others, 2004, 33 CLC (AD)

....t case on July 7, 1996. The authority put him under sus­pension by the order dated July 14, 1996. The Court by the judgment and order February 27, 1997 convicted the Respondent No.1 in the case registered under Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995 and sentenced him to suffer imp......shy;cer of the Palli Biddyut Samity (the Samity) (General Service) for one year as probationer. After completion of period of probation he was made permanent officer of the Samity and later on was posted as Assistant General Manager (General Service) of Thakurgaon Palli Biddyut Samity. While ser......y;tention making which leave was obtained by the appellants is of no merit. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: 1 ADC (2004) 192. ..

Category: Employment/Service Law | Date: | Hits: 83

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. ......d on 23-12-93 and then filed a review petition to the Government seeking revocation of the aforesaid two conditions. The review petition was reject­ed by Memo, dated 13-1-94. The respondent was then posted to the Finance Division as Senior Assistant secretary which was equiva­lent to the position ......respondent cannot now turn back and challenge those conditions. It will be a case of estoppels or in the alternative a case of waiver as held in the case of Md. Jahangir Kabir vs. Bangladesh, 16 BLD (AD) 85. Further under Rule 72 (b) of B.S.R. Part I, the Government has the discre­tion not to grant..

Category: Administrative Law | Date: | Hits: 138

Secretary, Ministry of Environment & Forest, Bangladesh Vs. Shaha Md. Nurul Islam, 2002, 31 CLC (AD)

.... High Court Division in the afore­said writ petition is hereby set aside and the writ petition is dismissed as not maintainable. Ed. This Case is also Reported in: 1 ADC (2004) 139. ......spondent moved the High Court Division alleging that he was a Class-1 Gazetted officer under the Ministry of Defence and was appointed as Director, National Cadet Corps in 1980 and thereafter that post was abolished and as a surplus person­nel he was absorbed in the Ministry of Establishment...... Shaha Md. Nurul Islam..........Respondent Judgment April 23, 2002. Cases Referred To- Junnur Rahman vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others, 51 DLR (AD) 166; Delwar Hossain Mia (Md) and another Vs. Bangladesh, represented by the Secretary, Ministry..

Category: Administrative Law | Date: | Hits: 95

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. ......t writ petitioner's contention that because of not hav­ing sufficient number of employees the target fixed by the authority could not be reached was not correct, since the personnel as against post those were vacant had nothing to do with the work relating to the reduction of system loss and......t No.1 and issued 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

Raushan Akhter @ Moharaji Bibi and others Vs. Khandakar Mosharraf Hossian & Ors, 2004, 33 CLC (AD)

....rt house or the Office of the Revenue Authority, as the case may be."  6. Thus every transfer of a holding or a portion or share of it belonging to a Raiyat shall be made by a registered document under the Registration Act and the deed of transfer must be accompanied by a no......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. ......ned Counsel for the 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. ..

Category: Property Law | Date: | Hits: 30

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

....s writ petitioners challenged Notification dated 18.6.1999 declaring the result of election of regis­tered Graduates of Dhaka University. The election of 25 representatives to the senate by the registered graduates of the university was fixed to be held by notification dated 21.3.1999 in two ......xed by the Vice-Chancellor. This Article 46 is the main Article as to the conduct of the election which provided that at the order of the Vice-Chancellor, the Registrar in addition to intimation by post under certificate of posting shall notify in two daily news­papers one in English and one......t December 10, 2001. Cases Referred to- Imtiaz Ahmed Vs. Ghulam Ali, 15 DLR (SC) 283; Md. Enayet Ali Vs. Munsif, First Court, Khulna & Election Tribunal and others, 34 DLR (AD) 146; Assessing Officer, Narayanganj Range & others Vs. Burma Eastern Limited, 1981 BLD (AD)..

Category: Civil Law | Date: | Hits: 98

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

....d others went for her rescue they were threatened and thereafter the first infor­mation report was lodged against nine persons under section 10(1) of Nari-O-Shishu Nirjatan Daman Ain, 2000 which was registered as G.R. Case No. 366 of 2000 of the court of the Magistrate, Satkhira. All the nine accus......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. ......r, 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. Bangladesh, 17 BLD (AD) 33, Jharna Rani Saha Vs. Khondker Zaye..

Category: Criminal Law | Date: | Hits: 34

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

....oresaid the plaintiffs then filed an application under sections 144/151 of the Code of Civil Procedure for restitution of the suit land from which they were illegally dispossessed and the case was registered as Miscellaneous Case No.522 of 1993 of the First Court of Subordinate Judge, Chittagon......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. ......property as prayed 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

Md. Anisur Rahman and others Vs. State, 2004, 33 CLC (AD)

....bsp; Md. Ruhul Amin J. - This appeal, by leave, is against the judgment and order dated August 8. 1995 of a Division Bench of the High Court Division in Criminal Miscellaneous Case No. 2560 of 1995 registered upon a petition filed under Section 561a of the Court of Criminal Procedure. The High Co......991 passed by Court of Magistrate, 2nd Class, Kushtia, in G.R. Case No. 269 of 1990 in respect of the appellants is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 30. ......ted September 24, 1991 passed by Court of Magistrate, 2nd Class, Kushtia, in G.R. Case No. 269 of 1990 in respect of the appellants is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 30. ..

Category: Criminal Law | Date: | Hits: 34

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

.... deed of sale the plaintiff appellant filed Title Suit No.46 of 1997 for Specific Performance of Contract and the suit being decreed, in Execution Case No.1 of 1998 a deed of sale was executed and registered in favour of the plaintiff who thereafter mutated his name in the Government sheresta an......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. ...... merit in the submissions of the learned 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. Nantu Biswas and others, 2008, 37 CLC (AD)

....ia are found guilty under Sections 302/34 B.P.C and they are directed to serve the remaining period of their sentence if any. Ed. This Case is also Reported in: VI ADC (2009) 254. ......ral submits that the High Court Division discarded the evidence of eye wit­ness of the occurrence without at all dis­cussing the same and in coming to its deci­sion totally misread the post-mortem exam­ination report which caused miscarriage of justice. The learned Deputy Attorne........Appellant Vs. Nantu Biswas and others…..........Respondents Judgment August 3, 2008. Cases Referred To- Bangladesh Vs. Giasuddin and others, 51 DLR (AD) 103; Krishna Mochi and others Vs. State of Bihar, AIR 2002 Supreme Court 1965. Lawyers ..

Category: Criminal Law | Date: | Hits: 84

Azaharuddin Ahmed Vs. T. N. T. others Board and Others, 2007, 36 CLC (AD)

....bscriber of tele­phone provided by respondent No.1, Bangladesh Telegraph and Telephone Board (BTTB). The only grievance agitat­ed by the petitioner in this writ petition is that BTTB being registered under Section 15 of the VAT Act, 1991 as VAT payee, cannot collect VAT from its subscrib...... sub­stances in the submissions of the Advocate for the petitioner. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 236. ......above, we find no sub­stances in the submissions of the Advocate for the petitioner. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 236. ..

Category: Fiscal/Taxation Law | Date: | Hits: 91

Raghunath Sarker Vs. Ramnath Sarker, 2008, 37 CLC (AD)

....rm and it is barred by limitation and that Haridas lived with him and the relationship between the plaintiff and Haridas was not at all good and that Haridas gifted all his properties to him by the registered deed No. 3028 dated 02.03.1987; that the plaintiff has filed the suit by making false s......are of the opinion that the appeal has got no merit and accordingly, the same is dis­missed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 232. ......ces of the case, we are of the opinion that the appeal has got no merit and accordingly, the same is dis­missed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 232. ..

Category: Property Law | Date: | Hits: 24

Shahabuddin and others Vs. Mahtab Uddin & others, 2006, 35 CLC (AD)

.... the plaint stating,  inter alia, that two full mothers, namely, Firoz Ali and Hasan Ali were owners of the suit land. Hasan Ali transferred his share in favour of his brother Firoz Ali by a registered kabala dated 8th Sraban, 1330 B.S. and shifted to his father-in-law's house at Shafarpur......correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 229. ......ord arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 229. ..

Category: Property Law | Date: | Hits: 23

Md. Ashrafuzzaman & others Vs. Bangladesh Chemical Industries Corporation & ors, 2007, 36 CLC (AD)

.... correct assessment of the materials on record arrived at a correct decision. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 226. ...... 60 writ petition­ers by filing 6 writ petitions challenged their orders of promotion on the ground that the financial benefit given to them by way of basic pay in respect of the promot­ed post does not commensurate with their promoted position and also not beneficial to them inasmuch as...... Court Division upon correct assessment of the materials on record arrived at a correct decision. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 226. ..

Category: Employment/Service Law | Date: | Hits: 76

Ranju Roy and other Vs. Jibesh Ranjan Roy and others, 2007, 36 CLC (AD)

....e permission of Jogesh Chandra, resided therein; Mukunda, Bipin and Manindra and Mukunda having died without leaving any issue, Jogesh Chandra transferred the suit land to the defendant No. 1 by a registered will on the basis of which he owned and possessed the suit land and since he had been po......r infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 223. ......hellip;.......Respondents Judgment November 18, 2007. Case Referred To- Abdus Samad Mohammad vs. Deputy Commissioner and Custodian of Vested Property and others, 52 DLR (AD) 121. Lawyers Involved: Mrs. Sufia Khatoon, Advocate-on-Record-For the Petitioners..

Category: Property Law | Date: | Hits: 22

Mst. Sufia Khanam Mst. @ Sufia Khatun & another Vs. Md. Abdul Rouf @ Tara Miah, 2007, 36 CLC (AD)

....n stating, inter alia, that defendant No. 2 was the owner of the 1st schedule property shortly the suit property by inheritance. He exchanged property with some property of the plain­tiff by a registered deed of exchange dated 22.09.1983. Since then the plaintiff has been in possession of th......ecord arrived at a correct decision. There is no cogent rea­son to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 217. ......e materials or record arrived at a correct decision. There is no cogent rea­son to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 217. ..

Category: Property Law | Date: | Hits: 20

Mst. Dorae Anwara Khatun Chowdhury Vs. Shekerernessa and others, 2008, 37 CLC (AD)

....e kabala by putting her signature. The two defendants are sisters and the name of defendant No.1 was written under her thumb impression by the husband of defendant No. 2. The document could not be registered on the date of execution as it was a holy day. They gave words that they would effect re...... should have been decreed by the appellate court. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 214. ......en believed the suit should have been decreed by the appellate court. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 214. ..

Category: Property Law | Date: | Hits: 23

Md. Amzad Hossain alias Khoka Vs. Dr. A.K.M. Mobarak Hossain, 2007, 36 CLC (AD)

....ub Ali Master and the purchaser removed the said Tin shed house from the suit land and re-built it in his own house. Thereafter Bakul Acharjaya Chowdhury sold out the suit land to the plaintiff by registered kabala dated 25.09.1960 and handed over posses­sion to him. The Pakistani Army burnt the...... on record arrived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 212. ......of the materials on record arrived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 212. ..

Category: Property Law | Date: | Hits: 26