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Rear Admiral AA Mustafa Vs. Bangladesh, 1994, 23 CLC (AD)
....ent, and that no safeguard has been made in the Constitution guaranteeing the service conditions of the defence personnel, similar to the guarantees made under Article 135 of the Constitution for the persons who hold civil post in the service of the Republic. In support of this contention the learne...... 103 of the Constitution. The cases cited on behalf of the petitioner has no relevance in the instant case. The petition is dismissed. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 43.......ourt Appellate Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Rear Admiral AA Mustafa..........Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Defence, Old High Court Building, Dhaka .................... Respondent Judgment ...... 103 of the Constitution. The cases cited on behalf of the petitioner has no relevance in the instant case. The petition is dismissed. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 43...Category: Employment/Service Law | Date: | Hits: 107
Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)
....rview and got recommendation for regular appointment With effect from 16 August, 1977. They are called direct recruits. According to the General Principles of Seniority (1970), the seniority of these persons counted from the date of the recommendation of the PSC and their inter se seniority was dete......e 4(1) (Kha) and 5(2) of the impugned Rules of 1990 cannot be declared to be void as those are not violative of the fundamental rights. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 19. ......to be void as those are not violative of the fundamental rights. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 19. ......e 4(1) (Kha) and 5(2) of the impugned Rules of 1990 cannot be declared to be void as those are not violative of the fundamental rights. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 19. ..Category: Employment/Service Law | Date: | Hits: 97
Amjad Molla Vs. Syeduzzaman Molla and others, 1994, 23 CLC (AD)
....eved that it was executed on July 5, 1975 i.e. earlier than the appellant's sale-deed. Accused Ibrahim, husband of Amatun Nessa, was one of the attesting witnesses of this sate-deed, other accused persons are closely inter-related with her. On the strength of the ante-dated sale deed the accused......re on bail are directed to surrender to their bail bonds to serve their sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 17 ...... to serve their sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 17 ......re on bail are directed to surrender to their bail bonds to serve their sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 17 ..Category: Criminal Law | Date: | Hits: 61
Bangladesh Bank and others Vs. Mohammad Abdul Mannan, 1994, 23 CLC (AD)
.... found that provisions of Article 135 of the Constitution of 1972 cannot be invoked by the employees of such Corporations, as they stand outside the class of employees referred to therein as "persons in the service of the Republic"; nevertheless, these employees are not governed by the......unal is set aside and that of the Administrative Tribunal is restored. Parties are to bear their respective costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 1. ...... Ed. This Case is also Reported in: 46 DLR (AD) (1994) 1. ......unal is set aside and that of the Administrative Tribunal is restored. Parties are to bear their respective costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 1. ..Category: Administrative Law | Date: | Hits: 149
Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)
....complex by the respondent Nos. 1 and 5 in the place reserved as public Car Parking Centre in the Master Plan cannot be allowed despite the stand taken by them that shops have been allocated to 341 persons on acceptance of portion of salami/rent from them by the respondent No.5. In the r...... before to grab the land in the name of "greater public interest and for acceleration of revenue"; if such illegal actions are allowed, the respondent No.1, in future, at the instance of interested quarters, will also grab vacant land of different parks situated at similar places of ci......sh the structure, if any, already constructed. Ed. ......preserve a 'livable environment' is a part of a broader struggle to create a more just global society both within and between nations. The impact of the human dimensions on the economically and educationally disadvantaged who inhabit the developing areas cannot be underscored. Exa..Category: Environmental Law | Date: | Hits: 293
Sheikh Farid (Md) & others Vs. Abdul Wadud Sikder and others, 2006, 35 CLC (AD)
....to execute and register the kabala within the shortest possible time, that prior to the execution and registration of the kabala by Karuna Moyee Dasi the defendant No.1 in collusion with some other persons upon resorting to forgery got a kabala registered by false personation, that a case of forg......nd 1976, that it is not clear whether the plaintiff possessed the land in suit and after his death his heirs are possessing the land in suit, that the witnesses examined by the plaintiff are not disinterested witnesses and that evidence of the said witnesses, particularly of the evidence of PW 2,......dge. Accordingly, the appeal is dismissed with costs. Ed. ......is lack of evidence to show that he possessed the land denying title of Karuna Moyee Dasi or her sons to their knowledge. Accordingly, the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 59
Anwar Hossain Vs. Mainul Hosein & others, 2006, 35 CLC (AD)
.... with law. It is also stated in the affidavit-in-opposition filed by Mr. Anwar Hossain in Writ Petition No. 3834 of 1999 that since those impugned orders regarding dismissal and appointment of some persons in the company were subsequently withdrawn, Rule in the said writ petition became infructuo...... question. All the appeals are therefore, allowed. There is no order as to costs. The connected civil petition is disposed of in the light of the Judgment in the appeals. Ed. ......s disposed of in the light of the Judgment in the appeals. Ed. ...... question. All the appeals are therefore, allowed. There is no order as to costs. The connected civil petition is disposed of in the light of the Judgment in the appeals. Ed. ..Category: Civil Law | Date: | Hits: 103
Nur Amin and others Vs. Abdul Quddus and others, 2006, 35 CLC (AD)
....s recorded in the name of the Government in khas khatian No. 1, that the said plot comprises 100.80 acres of land, that Government took decision to settle the said land by sub-plotting to different persons, that Mohammad Mia, father of the plaintiffs, a retired defence person, took settlement of......lower appellate Court. 13. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with cost of Taka 5,000. Ed. ...... Accordingly, the appeal is allowed with cost of Taka 5,000. Ed. ......lower appellate Court. 13. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with cost of Taka 5,000. Ed. ..Category: Property Law | Date: | Hits: 51
Abdur Rashid Sarker (Md) and others Vs. Dines Chandra Das and others, 2006, 35 CLC (AD)
....quisition and Tenancy Act, 1951 (XXVIII of 1951), Section 96(2) Objection as to defect of parties is to be taken at the earliest opportunity. The pre-emptees did not supply the names of the persons whose names he put to the pre-emptor during cross-examination in reply to the interrogatory......im earlier. The appeal is, accordingly, dismissed without any order as to costs. Ed. ......sp; Ed. ......im earlier. The appeal is, accordingly, dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 64
Shahudul Haque, IG Police and others Vs. State, 2006, 35 CLC (AD)
....Court's flag on 19-6-2003 at 6-30 PM at the entry point of Kamal Ataturk Avenue, Banani, Dhaka, and expressed no remorse for the said omission, but behaved in an indifferent manner. The above named persons were hence directed to appear in person before the High Court Division of the Supreme Cour......the unqualified apology and to censure the appellants in modifying of the sentence imposed on them. The appeals are, accordingly, dismissed without any order as to costs. Ed. ......tence imposed on them. The appeals are, accordingly, dismissed without any order as to costs. Ed. ......the unqualified apology and to censure the appellants in modifying of the sentence imposed on them. The appeals are, accordingly, dismissed without any order as to costs. Ed. ..Category: Criminal Law | Date: | Hits: 64
Abdul Mannan Vs. Tayeb Ali and others, 2006, 35 CLC (AD)
....aintiff's wife raised alarm and thereupon neighbours came and the incident was narrated to them, that on plaintiff's return from bazar his wife narrated the incident to him and stated names of the persons who came immediately after the incident and the plaintiff inquired of the persons, namely A...... from the house of plaintiff when he was not in the house or, in other words, stolen by the defendant. It may be mentioned the appellate Court considered PWs 2 and 6 independent and disinterested witnesses and also noticed the fact that said witnesses immediately after taking away of......rdingly the appeal is allowed. There is no order as to cost. Ed. ......rit. 16. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. ..Category: Property Law | Date: | Hits: 66
Fatema Khatun and others Vs. Abdul Quddus, 2006, 35 CLC (AD)
....r than the date of presentation of the sale deed for registration before the sub-registrar, i.e. on a date later to the date of presentation of the sale deed for registration, one who is one of the persons of such category is no doubt a cp-sharer in the holding land of which sought to be pre-empt......iled by a non-notified co-sharer seeking preemption of the transaction would be counted from the date of registration of the document since the same would be considered a notice to the person interested to seek pre-emption under section 96(1) of the State Acquisition and Tenancy Act. ...... This Case is also Reported in: IV ADC (2007) 721. ...... appeal. Accordingly, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: IV ADC (2007) 721. ..Category: Property Law | Date: | Hits: 55
Yogeshwar Gope Vs. State, 2005, 34 CLC (AD)
.... In view of the discussion made above we do not find any substance in the petition. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 982; 11 MLR (AD) 2006, 226. ...... house of PW 1 or in his courtyard. Similarly, the manner of occurrence also has not been proved. 8. He further submits that PWs 1 to 4 being father, mother and sisters of the deceased are highly interested witnesses for the prosecution and the Courts below committed illegality in convicting the...... find any substance in the petition. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 982; 11 MLR (AD) 2006, 226. ...... In view of the discussion made above we do not find any substance in the petition. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 982; 11 MLR (AD) 2006, 226. ..Category: Criminal Law | Date: | Hits: 47
Abdul Kader Vs. Secretary, Election Commission and others, 2006, 35 CLC (AD)
....o be the furtherance of economic and financial interest of the State and though it has not been expressly stated in the statute it is clear from the nature of duties and responsibilities of the persons constituting these local bodies. It is a common knowledge that for non-payment of loans ta......f their duties." 8. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. The petition is dismissed Ed. ......e for the petitioner. The petition is dismissed Ed. ......f their duties." 8. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. The petition is dismissed Ed. ..Category: Election Law | Date: | Hits: 106
Bangladesh Vs. Md. Abu Dakar and others, 2006, 35 CLC (AD)
....nce with law for granting allotment of a plot to the petitioner as an effected person. The Rule was opposed on behalf of the respondents submitting that all the plots were already allotted to other persons long ago and there was no scope for allotment of any plot to the petitioner and further tha......lotment of a plot to the writ petitioner. 5. So, there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. ......ere with the decision of the High Court Division. The petition is dismissed. Ed. ......lotment of a plot to the writ petitioner. 5. So, there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 72
AHS Rahman Vs. State, 2006, 35 CLC (AD)
....ve the work to World Tel Holding Ltd. appointed Consociates Ltd. as consultant without inviting any tender. The first information report also states that from the above it is evident that the accused-persons with dishonest intention, by cheating and in collusion with each other and by misusing their......o that effect the charge-sheet has been submitted, we find no substance in the submission of the learned Counsel for the petitioner for quashing the proceedings. The petition is dismissed. Ed. ......ind no substance in the submission of the learned Counsel for the petitioner for quashing the proceedings. The petition is dismissed. Ed. ......o that effect the charge-sheet has been submitted, we find no substance in the submission of the learned Counsel for the petitioner for quashing the proceedings. The petition is dismissed. Ed. ..Category: Anti-Corruption Laws | Date: | Hits: 89
State Vs. Wasikur Rahman and other, 2005, 34 CLC (AD)
....im, lodged first information report wherein it was stated that Moshfequr Rahman alone caught hold of the victim Tutul but the evidence has been led by the prosecution disclosing that there were other persons too who caught hold of the victim. In this respect, he has, in particular, referred to the e......n @ Mosfeq, son of Sk Atiar Rahman, Village-Basu Para Atim Khana Goli, PS Sonadangah, District-Khulna, be set at liberty at once, if not wanted in any other matter. This Case is also Reported in: ......, District-Khulna, be set at liberty at once, if not wanted in any other matter. This Case is also Reported in: ......n @ Mosfeq, son of Sk Atiar Rahman, Village-Basu Para Atim Khana Goli, PS Sonadangah, District-Khulna, be set at liberty at once, if not wanted in any other matter. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 67
Government of Bangladesh Vs. Amora Holding Inc. Panama and other, 2006, 35 CLC (AD)
....(Act No. IV of 1969), section 156 The accused has been acquitted of the charge of smuggling in the Special Tribunal Case under the Special Powers Act, the offence being against the accused persons but not against the smuggled goods. This case being under section 156 of the Customs Act f...... not sustainable in law and the same is accordingly, set aside and accordingly, the Rule is recalled. In the result, the appeal is allowed without any order as to costs. Ed. ...... appeal is allowed without any order as to costs. Ed. ...... not sustainable in law and the same is accordingly, set aside and accordingly, the Rule is recalled. In the result, the appeal is allowed without any order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 96
Government of the People's Republic of Bangladesh & others Vs. Khashru Miah, 2004, 33 CLC (AD)
....evenue vide DCR No. 500731 dated 17-12-1976. 5. Photocopy of the writ of delivery of possession and the DCR are annexed as Annexures-C and D respectively. The petitioner contends that some greedy persons inimical to the allottees hatched up a conspiracy under the leadership of Abdur Rashid and I......decisions arrived at by the High Court Division. For all the above reasons, we find no substance in these two petitions. Accordingly, these are dismissed. Ed. This Case is also Reported in: ......find no substance in these two petitions. Accordingly, these are dismissed. Ed. This Case is also Reported in: ......decisions arrived at by the High Court Division. For all the above reasons, we find no substance in these two petitions. Accordingly, these are dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 77
Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)
.... of the appellant, PW 20 Medical Officer, who held autopsy of the dead body of the victim and PW 21 is the Investigating Officer. PWs 11, 13 and 17 were tendered by the prosecution but the accused persons declined to cross-examine them. PWs 4 and 9 are the witnesses to the inquest report, PWs. 8......is dismissed by the majority decision. Let a copy of the judgment be sent to the Court of Nari-o-Shishu Nirjatan Daman Adalat, Narayanganj for taking steps in accordance with law. Ed. ......the Court of Nari-o-Shishu Nirjatan Daman Adalat, Narayanganj for taking steps in accordance with law. Ed. ......is dismissed by the majority decision. Let a copy of the judgment be sent to the Court of Nari-o-Shishu Nirjatan Daman Adalat, Narayanganj for taking steps in accordance with law. Ed. ..Category: Criminal Law | Date: | Hits: 59
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