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Kazi Abdul Hoque Vs. Md. Baharuddin and others, 2008, 37 CLC (AD)

....ighter issued under the signature of M.A.G. Osmani, Commander-in-Chief of the Liberation War is not proper and acceptable as the same was not in accordance with the cir­cular of the Bangladesh Government issued in 1988 and that the three storied building situated at Chittagong City Town in t......ssions of the learned Advocate for the petitioner have got no merit and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 370. ..

Category: Property Law | Date: | Hits: 28

City Bank Limited Vs. M/s. Oscar Fashionwear Ltd. and others, 2008, 37 CLC (AD)

....tement  denying the material allegations and contending that the defendant No.1 received 21 Export L/Cs for U.S.$ 14.73,360.70 from different foreign buyers and as per circular of Bangladesh, Government was entitled to open import L/C to the tune of  75%   of  the  ...... no illegality or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 366. ..

Category: Civil Law | Date: | Hits: 106

Md. Abdul Motaleb Sarker and others Vs. Md. Laskar Ali and others, 2008, 37 CLC (AD)

....5 of 1991 impleading the present respondent Nos.1-8 as defendants in the 2nd Court of the then Subordinate Judge, 2nd Court, Naogaon for a declaration that the order dated 10.04.1986 passed by the Government purporting to shift the office of Shihara Union Parishad from it's pres­ent site und......y held that the suit as framed is not maintainable. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 361. ..

Category: Property Law | Date: | Hits: 32

Md. Nurul Islam Sarker Vs. Deputy Commissioner, Gazipur and others, 2002, 31 CLC (AD)

.... of the licens­ee exhibiting films upon obtaining licence and the other sub Section i.e. Section (3) runs as: "(3) Subject to the Forgoing provi­sions of this section and to the control of the Government, the licensing authority may grant licenses under this Act to such per­sons as it thinks......ed without lawful authority and is of no legal effect. The Respondents are to pay Tk. 10,000/- (Ten thousand) as cost of this appeal. Ed. This Case is also Reported in: II ADC (2005) 643. ..

Category: Civil Law | Date: | Hits: 128

Mozharul Islam Chowdhury, Advocate Vs. Dilip Kumar Roy and others, 2005, 34 CLC (AD)

....pugned judgment of the High Court Division are set aside. In the result, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 150. ......r refusing to execute and register deed of sale in respect of the suit land in terms of the Bainanama (agreement) dated 07-10-1983 in favour of the appellant. That the learned trial Court after due service of summons upon the defendant-respondents and exhausting all the process of law decreed th..

Category: Property Law | Date: | Hits: 31

Humayun Hossain Khan Vs. Bangladesh, 2009, 38 CLC (AD)

....Court (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J SAN Mominur Rahman J Humayun Hossain Khan....................Petitioner Vs. Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Financ......e. Thus we do not find any merit in the leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 92. ..

Category: Civil Law | Date: | Hits: 104

Md. Nazrul Islam & ors. Vs. Bangladesh, 2008, 37 CLC (AD)

....sion does not suffer from any legal infirmity. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 141. ......her writ petitions making the Rule absolute by declaring the order of 'Pay off' as without lawful authority but refusing the salary due to the petitioners for the period when they were kept out of service by the order of "pay off'. 2. The facts, in short, are that the writ petitioner..

Category: Employment/Service Law | Date: | Hits: 64

Binapani Kandu Vs. Chairman, Vested and Non-Resident Property, 2009, 38 CLC (AD)

....ld not be a vested property under any circumstances as she had been enjoying and possessing the same by purchase and had mutated her name in the record of right and had been paying the rents to the Government regularly, that her vendor Probhabati Dasi, the respondent-opposite party No.6, is a Ban......n affirming the judg­ment of the Courts below. We find no merit in these petitions which are accordingly, dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 101. ..

Category: Property Law | Date: | Hits: 23

Md. Ali Bepary and ors. Vs. Garupranjan Chakraborty and others, 2009, 38 CLC (AD)

.... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 97. ......itle by virtue of a kabala intended to be executed and registered by the real owners, Guru Doyal or his heirs, defendant Nos.1-6; that the cause of action of the suit for the plaintiff arose on the service of notice of sur­render upon him as issued by the defendant No.25 while defendant No.27..

Category: Property Law | Date: | Hits: 22

Upazila Nirbahi Officer Vs. ASM Harunar Rashid and others, 2009, 38 CLC (AD)

....was a teacher) like any other non-government secondary school is regulated and managed in accordance with the provisions of the Ordinance of 1961 and the various regulations made thereunder and the Government have control over these schools in a very large measure but nevertheless a recog­nis......out any order as to costs. The judgment and order dated 10-7-2005 passed in Writ Petition No. 4609 of 2003 is set aside. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 92. ..

Category: Others | Date: | Hits: 270

Kamrunnessa Nilufar and another Vs. Mahmudul Faruque and others, 2009, 38 CLC (AD)

....ssed the appeal. We therefore, find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 87. ......ssed the appeal. We therefore, find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 87. ..

Category: Property Law | Date: | Hits: 22

Bangladesh Bridge Authority & another Vs. Mukul Kumar Biswas and others, 2009, 38 CLC (AD)

....out the Judgment and order of the High Court Division. He lastly submits that the case involves important questions of law of public importance as to the interpretation regarding regularisation of Government servants appointed in project where project expired or abolished. 4. We have hear......7 making the Rule absolute. 2. The short fact is that writ petitioner-respondents filed the aforesaid writ petition challenging the order vide Memo dated 9-3-2002 dismissing them from their services in the writ respondent petitioner, Bangladesh Bridge Authority as illegal. The writ petiti..

Category: Labour and Industrial Law | Date: | Hits: 90

M/s. Supermax International Private Ltd. Vs. Samah Razor Blades Industries, 2004, 33 CLC (AD)

....on for the Protection of Industrial Property, 1883 (hereinafter referred to as said Convention). The appellant exported the said product "SUPERMAX" blades to Bangladesh in 1984. In the same year, the Government of Bangladesh imposed ban on the import of blades. When the ban was lifted in 1993 their ...... provisions of the laws of each of the countries of the Union relating to judicial and administra­tive procedure and to jurisdiction, and to the designation, and to the designation of an address for service or the appointment of an agent, which may be required by the laws on industrial property are..

Category: Intellectual Property Law | Date: | Hits: 233

Government of Bangladesh Vs. Md. Abdul Karim, 1995, 24 CLC (AD)

....also Reported in: 1 MLR (AD) 1996, 310; 47 DLR (AD) (1995) 146; II ADC (2005) 610.......d Appeal) Rules, 1976 briefly, the Rules. The District Judge, however did not agree with the opinion of the Enquiry Officer and by an order passed on 8.5.1983 retired the respondent compulsorily form service under rule 4(3) (b) of the said Rules. Respondent took an appeal against the said order t..

Category: Administrative Law | Date: | Hits: 144

BADC Vs. Abdur Razzaque, 1996, 25 CLC (AD)

....er, teacher, officer of other employee of any local authority, statutory corpora­tion including a university, or any other body, authority or organiza­tion constituted or established by the Government or by or under any law.........." 8. Section 3 deals with dismissal of pub&......rder dated 28 July 1979. The respondent pre­ferred Criminal Appeal No. 173 of 1974 to the High Court Division. During the pen­dency of the appeal the respondent was however, dismissed from service under the provisions of the BADC disciplinary Case Procedures, 1977. The said office order ..

Category: Employment/Service Law | Date: | Hits: 97

Bangladesh Vs. Md. Jashim Uddin and another, 1997, 26 CLC (AD)

.... Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of the People's Republic of Bangladesh, repre­sented by the Deputy Commissioner, Dh...... the plaintiff did nit file any hajira, but on the prayer of the defendant 12.2.91 was re-fixed for filing the written statement, which the defendant filed on 12.2.91 and then 20.2.91 was fixed for service of the copy of the written state­ment upon the plaintiff and then re-fixed 5.3.91 for ..

Category: Procedural Law | Date: | Hits: 87

Government of Bangladesh and another Vs. Motu Lal Barua, 1997, 26 CLC (AD)

....: II ADC (2005) 579.......trict and Secession Judge Mr. Md. Forkan Ullah was appointed as enquiry officer. After enquiry the enquiry officer found the respondent guilty of the charges and the respondent was dismissed from his service. His departmental appeal having been reject­ed the respondent filed Administrative Tribunal..

Category: Administrative Law | Date: | Hits: 105

Bangladesh Co-Operative Insurance Ltd & ors Vs. Md. Abdul Khaleque Khan & ors, 1997, 26 CLC (AD)

....nds including a ground of malafide and obtained a Rule Nisi. 3. The appellant-Society opposed the Rule, by filing an affidavit-in-opposition and contending, inter alia, that it is neither a Government, nor a local authority, as provided in the Constitution, and as such the High Court Divi......Court Division under Article 102 of the Constitution. 2. The relevant facts are as follows:- Respondent No.1, Abdul Khaleque, former Secretary of the appellant's Society, was dismissed from service by an Ad hoc Managing Committee of the Society. He challenged the order of dismissal in the..

Category: Others | Date: | Hits: 224

M/S. Karim Jute Mills Ltd. Vs. Chairman, Second Labour Court, Dhaka and another, 1997, 26 CLC (AD)

....m generis with the words "physical or mental incapacity." The appeal is allowed without any order as to costs. Ed This Case is Also Reported in:  II ADC (2005) 569. ......l certificate. It became clear to the appellant that respondent No.2 was unable to resume his duty since 26-9-80 because of his continued ill-health. Consequently the appellant discharged him from service by a letter dated 6-3-81 under section 16 of the Employment of Labour (standing Orders) Act..

Category: Labour and Industrial Law | Date: | Hits: 72

Government of Bangladesh Vs. Jahanara Rashid and others, 1998, 27 CLC (AD)

....me Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of Bangladesh...................Appellant Vs. Jahanara Rashid and others&he......gment and order war­rant an interference. In the result, the appeal is allowed with­out any order as to costs. Ed This Case is also Reported in: II ADC (2005) 563.  ..

Category: Property Law | Date: | Hits: 42