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Bangladesh Italian Marble Works Ltd. and another Vs. Bangladesh, 1999, 28 CLC (AD)

....alendu Bikash Roy Choudhury J A.M. Mahmudur Rahman J Mahmudul Amin Choudhury J Bangladesh Italian Marble Works Ltd. and another......................Appellants Vs. Government of Bangladesh, repre­sented by Secretary, Ministry of Industries and anoth­er.........ommit any illegali­ty in passing the impugned judgment and order. The appeal is dismissed without any order as to casts. Ed. This Case is also Reported in: II ADC (2005) 553. ..

Category: Property Law | Date: | Hits: 39

Md. Jahangir Alam (Selim) Vs. Md. Hebjul Bari and others, 2004, 33 CLC (AD)

....e Rule absolute declaring acceptance of the nomina­tion paper of the appellant as not legal and without lawful authority being violative of the pro­vision of Section 7 (2) (f) of the Local Government (Union Parishad) Ordinance, 1983. 2. The facts, relevant for the proper dispos­.....................; (c).....................................; (d).....................................; (e) he holds  any full-time office of profit in the service of the Republic or of the Union Parishad or of any other local authority; or ..

Category: Election Law | Date: | Hits: 282

Serajul Huq and others Vs. Bangladesh, 2007, 36 CLC (AD)

.... above case, and his other two sons Shamsul Huq and Aynul Huq, the petitioner Nos. 3 and 4 in the above case who are the appellant Nos. 2 and 3 herein, were born in Bangladesh; Md. Hanif, who was a Government servant, having retired from service in the year 1964, had been living in Bangladesh wi......ul Huq and Aynul Huq, the petitioner Nos. 3 and 4 in the above case who are the appellant Nos. 2 and 3 herein, were born in Bangladesh; Md. Hanif, who was a Government servant, having retired from service in the year 1964, had been living in Bangladesh with his family as citizens thereof and whi..

Category: Property Law | Date: | Hits: 30

A.F.M. Solaiman Chowdhury Vs. Md. Mohibbullah & others, 2007, 36 CLC (AD)

....f the said college with effect from 06.06.1999 and on completion of two years of satisfactory service, he was confirmed as Principal of the College on 15.11.2001. Thereafter with the change of the Government, after the Parliamentary election on 1st October, 2001, some disgruntled elements starte......that the Governing Body of Alhaj Mokbul Hossain College appointed the writ petitioner as the Principal of the said college with effect from 06.06.1999 and on completion of two years of satisfactory service, he was confirmed as Principal of the College on 15.11.2001. Thereafter with the change of ..

Category: Employment/Service Law | Date: | Hits: 74

Secretary, Ministry of Agricultural and others Vs. Rabia Khatoon and others, 2009, 38 CLC (AD)

..... In the meantime, process of acquisition of the property in question was started in L.A. Case No. 33 of 1965-66 and the same is still pending for acquisition. The property though not acquired by the Government, the Agriculture Department issued a tender on 15.5.1989 for renovation of the building i......rdingly, the appeal is allowed without any order as to costs.   Ed.  This Case is also Reported in: 61 DLR (AD) (2009) 121; 14 MLR (AD) (2009) 177; 29 BLD (AD) (2009) 51.  ..

Category: Property Law | Date: | Hits: 43

Bangladesh Vs. Abbas Ali Munshi , 1997, 26 CLC (AD)

....and Decree dated 20 June, 1988 passed by the High Court Division in Appeal From Appellate Decree No. 146 of 1977). Judgment Mohammad Abdur Rouf J.- This appeal, following leave, by the Government plaintiff appellant, is from the judgment and decree dated 20.6.88 passed by a learned ......the decrees of the High Court Division as well as the lower appellate court are set aside and that of the trial court is restored. Ed. This Case is also Reported in: II ADC (2005) 497. ..

Category: Property Law | Date: | Hits: 35

Ful Meher Bibi Vs. Abdul Wahab and oth­ers, 2005, 34 CLC (AD)

....bura Khatun and others…….....Appellants. Vs. Abdul Wahab and oth­ers............Respondents Judgment March 21, 2005. Case Referred to- Government of Bangladesh repre­sented by Ministry of Works, Bangladesh Secretariat, Dhaka Vs. C......Bibi was married more than forty years back and since then she had been residing at her husband's house. But the plaintiff respondents fraudulently obtained the ex parte decree in question showing service of summons upon her by hanging at her paternal house instead of serving it at her husband's..

Category: Property Law | Date: | Hits: 26

Government of Bangladesh Vs. Abdur Rahman and others, 2005, 34 CLC (AD)

....in: 61 DLR (AD) (2009) 129; II ADC (2005) 476; 14 MLR (AD) (2009) 147.......er­ence by this court. The appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 129; II ADC (2005) 476; 14 MLR (AD) (2009) 147...

Category: Property Law | Date: | Hits: 42

Mohsen Jute Mills Ltd. Vs. Chairman, Labour Court, Khulna and another, 1998, 27 CLC (AD)

....ithout however, any order as to costs. Both the judgments of the Labour Court as well as of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 473. ...... dis­charging the Rule. 2. Respondent No. 2 was a permanent sen­ior clerk of the appellant's mill. Due to his physical incapacity the mill authority on 27.12.89 discharged him from service under Section 16 of the Employment of Labour (Standing Orders) Act, 1965 briefly, "the..

Category: Employment/Service Law | Date: | Hits: 100

Md. Abdul Jabbar Vs. Governor, Bangladesh Bank and ors., 1998, 27 CLC (AD)

....lary from the date of his dismissal to the date of his resumption of duty," be restored. There shall be no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 471. ......d the decisions of the courts below and decreed the suit declaring that the order of dismissal dated 5th October, 1976 was without any lawful authority and void, and that the plaintiff was still in service. The Single Bench further directed the defendants to "allow the plaintiff to resume h..

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

M/s. Shahjhan Enterprise Ltd. Vs. Meghna Petroleum Ltd. and others, 2001, 30 CLC (AD)

....nt No. 1 started business of Petrol Pump and service sta­tion on the land as a Dealer of M/s. Burmah Oil Company and then Standard Vacuum Oil Company Limited. This company was acquired by Bangladesh Government and interest of the company was transferred to Meghna Petroleum Limited who is defendant ......wab Khawja Habibullah Bahadur inducted defendant No. 1 M/s. James Finlay and Company Limited as a monthly tenant at a rental of Tk. 25/- per month. Defendant No. 1 started business of Petrol Pump and service sta­tion on the land as a Dealer of M/s. Burmah Oil Company and then Standard Vacuum Oil Co..

Category: Tenancy Law | Date: | Hits: 149

Janata Bank Vs. Md. Mofazzal Hossain and oth­ers, 1997, 26 CLC (AD)

....accordance with regulation 28 of the Service Regulations. In the result, the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 453. ......ondent No. 1 who was promoted to the rank of Senior Principal Officer in 1983 was acting as Manager of the Janata Bank, Principal Branch, Satkhira till 17 November, 1988 when he was dismissed from service following a departmental proceeding for misconduct. The charge-Sheet, the appointment of th..

Category: Employment/Service Law | Date: | Hits: 70

Md. Shamsul Huda Vs. Bangladesh and oth­ers, 1999, 28 CLC (AD)

....dant No.2 as heir of Sarna Kumari and on the basis of the said bainapatra got an ex parte decree. The plaintiff was in possession of the suit properties through tenants and title of the plaintiff - Government to the property in Suit was clouded by the said decree and the sale deed. Hence the sui......gment and decree dated 16,7.91 of the High Court Division with­out any order as to costs and restore those of the trial court. Ed. This Case is also Reported in: II ADC (2005) 440. ..

Category: Property Law | Date: | Hits: 23

Bangladesh Vs. Md. Shajahan, 1999, 28 CLC (AD)

....onstitution Challenging the enlistment of their respective house as abandoned property. 3. Md. Shajahan in his writ petition started that one Hasib Khan was a lessee in perpetuity under the Government on the basis of a lease deed dated 18.11.1968 and Hasib Khan sold the property to him on......ontentions raised at the Bar are identical by this common judgment we dismiss both the appeals without any order of costs. Ed. This Case is also Reported in: II ADC (2005) 411. ..

Category: Property Law | Date: | Hits: 23

Export Promotion Bureau and another Vs. Md. Nazmul Hossain and others, 2004, 33 CLC (AD)

....o show cause as to why discipli­nary action should not be taken against him for his absence without leave inspite of rejection of his leave prayer and failure to join in Dhaka office under the Government Servants (Discipline and Appeal) Rules, 1985 (here­inafter called "The Rules&qu......ining in Dhaka office was not legally entitled to any salary or benefits etc. par­ticularly when he had admittedly carried on his occupation of business in Canada since his dis­missal from service, the High Court Division was wrong in directing refund of all the entitle­ments and bac..

Category: Employment/Service Law | Date: | Hits: 105

Chairman, B.R.T.C. Vs. Nooruddin & Ors., 1998, 27 CLC (AD)

....ccount of the leave salary was not paid to them. For such dues the Corporation have written to the concerned Ministry for necessary instructions and guidelines, which is under consideration of the Government. The appellant Corporation did never refuse to pay such benefits to the writ petitioners......short is that they were the employees of the appellant, Bangladesh Road Transport Corporation, who by a circular dated 14.5.92 offered its officers/employees/workers volun­tary retirement from service on payment of all dues and entitlements. The writ petitioners con­veyed their willingne..

Category: Employment/Service Law | Date: | Hits: 66

Bangladesh Vs. Chowdhury Tanbir Ahmed Siddiky, 1997, 26 CLC (AD)

....any manner with the plaintiff's posses­sion in the wakf properties described in sched­ule Nos. 1 and II in the plaint. 3. The background of the case is this: On 2 April 1956 the then Government of East Pakistan issued two notifications in respect of each district of the Province, ......y order as to costs. The judgment and order of the High Court Division be set aside and the order of the trial court be restored. Ed. This Case is also Reported in: II ADC (2005) 283. ..

Category: Property Law | Date: | Hits: 43

Hussain Muhammad Ershad Vs. Bangladesh and others, 2000, 29 CLC (AD)

....ry J Kazi Ebadul Hoque J Hussain Muhammad Ershad...........Appellant. Vs. Bangladesh and others. ...................Respondents. Judgment August 16, 2000. Cases Referred to- Government of Bangladesh Vs. Zeenat Hossain 1 BLC (AD) 89; State Vs. M. M. Rahmatullah; Satwant Sing......are hereby directed to return the passport to the appellant immediately. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 371, 7 BLC (AD) 67, 2001 BLD (AD) 70...

Category: Constitutional Law | Date: | Hits: 208

Mohammed Abdul Naim Vs. Chairman, Board of Directors, Sonali Bank, 1997, 26 CLC (AD)

....oard of Directors, Sonali Bank, Head Office, Dhaka and others...........Respondents Judgment November 20, 1997. Case Referred to: Murari Mohan Deb vs. Secretary to the Government of India, AIR 1985(SC) 931. Lawyers Involved: Dr. Kamal Hossain, Senior A......y this Division on the following reasoning's:- "Under Section 4(2) of the said Act the jurisdiction of the Administrative Tribunal can be invoked only by a per­son in the service of the Republic or in the service of a statutory public author­ity. In other words, hi..

Category: Administrative Law | Date: | Hits: 124

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

....xecuted 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: II ADC (2005) 365. ......cultural tenant is trans­ferred, one or more co-sharer tenants of such land may apply to the court for such portion or share to be transferred to himself or themselves within four months of the service of notice and in case no notice has been issued then within four months from the date of kn..

Category: Property Law | Date: | Hits: 35