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Asaduzzaman (Md) Vs. Bangladesh, 1990, 19 CLC (AD)

.... amendment of P.O. No. 26 of 1973, validly passed by the legislature…………………………(42) Cases Referred to: State of Madras Vs. V.G. Row, AIR 1952(SC) 196; Abul-A'la Maudoodi Vs. Government of West Pakistan, PLD 1964 (SC) 673; Damyanti V. Union of India AIR 1971 (SC) 966; Bidhu ...... of in accordance with P.O. No. 26 of 1973 and the rules framed thereun­der. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 144. ...... of in accordance with P.O. No. 26 of 1973 and the rules framed thereun­der. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 144. ..

Category: Constitutional Law | Date: | Hits: 170

Rafiqul Alam (Md) Vs. Mustafa Kamal and others, 1990, 19 CLC (AD)

......Appellant Vs. Mustafa Kamal and others……………………………………...............Respondents Judgment February 8, 1990. Result: The appeal is allowed. The Local Government (Union Parishad) Ordinance, 1983 (LI of 1983), section 26 Section 26 of the UP Ordinan......ide the uncontested elec­tion of the appellant declared on 16 January 1988. A fresh poll is to be held for the Union Parishad. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 137.......ide the uncontested elec­tion of the appellant declared on 16 January 1988. A fresh poll is to be held for the Union Parishad. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 137...

Category: Election Law | Date: | Hits: 173

Dr. Syed Matiur Rob Vs. Bangladesh and Others, 1989, 18 CLC (AD)

....stan in 1971 and died there in 1978. He applied to the Sub-Divisional Officer, Dhaka on 29.4.1972 for release of the properties, but, in spite of the recommendation of the Sub-Divisional Officer, the Government did not release the properties Several inquiries were made by various agencies of the Gov......for mak­ing complete justice in a matter. In view of the above, we dismiss both the appeals, without making any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 126. ......for mak­ing complete justice in a matter. In view of the above, we dismiss both the appeals, without making any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 126. ..

Category: Property Law | Date: | Hits: 32

Sonar Bangla Service Station Vs. Government of the People's Republic of BD, 2006, 35 CLC (AD)

....s also Reported in: ......doning the delay. 12. In the background of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: ......doning the delay. 12. In the background of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: ..

Category: Limitation Law | Date: | Hits: 205

Sree Amulya Ratan Chowdhury& ors Vs. Sreemati Shaibalini Ghose & ors., 1998, 27 CLC (AD)

..... In view of the discussion made above we find no way but to dismiss these appeals. 17.  In the result, therefore, the appeals are dismissed without any order as to cost. Ed. ...... land original­ly belonged to one Amar Krishna Chowdhury and others. On 26.3.1936 they let out the suit property to one Protul Kumar Sen by a registered BHARANAMA for 9(nine) years at a monthly rental of Tk.8/- i.e, Tk. 96/- per year. It was provided in the agreement that the landlords would ....... In view of the discussion made above we find no way but to dismiss these appeals. 17.  In the result, therefore, the appeals are dismissed without any order as to cost. Ed. ..

Category: Property Law | Date: | Hits: 106

Md. Nurul Amin Vs. State, 2006, 35 CLC (AD)

....r. Md. Nawab Ali, learned Advocate-on-Record submits, inter alia, that the High Court Division committed error in passing the impugned judgment failing to consider that sanction of the appropriate Government is a pre-requisite for prosecution of the public servant like accused petitioner and tha......has been mentioned above, we do not find that the High Court Division committed any error in the deci­sion. This petition, therefore, being bereft of substance stands dismissed. Ed. ......has been mentioned above, we do not find that the High Court Division committed any error in the deci­sion. This petition, therefore, being bereft of substance stands dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 39

Chair, Board of Int. and Secondary Education, Jessore and others Vs. Nazir Ahmed, 2006, 35 CLC (AD)

....n cannot be taken up for consideration during the period of suspension and continuation of criminal proceeding unless such proceedings end with acquittal.   Cases Referred to- Government of India and another vs. C. A. Balakrishnan and oth­ers, AIR 1975 (SC) 1498; Ram Se......lity. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. ......lity. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. ..

Category: Employment/Service Law | Date: | Hits: 54

Bangladesh Bank & others Vs. Messers Fabrica Nacional De Monedy Timbre & others, 1998, 27 CLC (AD)

....95. 15. Although it is not directly relevant for this appeal but it may be noticed that during the vacation of Civil Courts in the months of December vacation benches are constituted by the Government in consulta­tion with the Supreme Court for the purpose of disposal of urgent crimin......ive body of lawyers may consid­er the matter and move the Government if found necessary. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. ......ive body of lawyers may consid­er the matter and move the Government if found necessary. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. ..

Category: Civil Law | Date: | Hits: 119

Md. Nurul Amin Vs. Md. Ismail and other, 2006, 35 CLC (AD)

....) months. The petitioner is permitted to add addi­tional grounds. However, the proceedings before the lower Court below shall continue in accor­dance with law. Ed. ......Champa was owned by Bangladesh Fisheries Development Corporation. The petitioner took lease of the said trawler by executing a lease deed on 29-11-2001 for a period of 5 (five) years at the monthly rental of TK. 1,04785, thereafter the said trawler was given to ownership of respondent No. 1 for i......) months. The petitioner is permitted to add addi­tional grounds. However, the proceedings before the lower Court below shall continue in accor­dance with law. Ed. ..

Category: Property Law | Date: | Hits: 31

Md. Jahangir Alam (Selim) Vs. Md. Hebjul Bari and others, 2006, 35 CLC (AD)

....king the 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 No. 1983. 2. The facts, relevant for the proper dis­......without any order as to cost. The impugned judgment and order dated 13-04-2003 passed in Writ Petition No. 536 of 2003 are hereby set aside and the rule so issued is hereby recalled. Ed. ......without any order as to cost. The impugned judgment and order dated 13-04-2003 passed in Writ Petition No. 536 of 2003 are hereby set aside and the rule so issued is hereby recalled. Ed. ..

Category: Election Law | Date: | Hits: 108

Chief Engin, Dredger Direct, BD Water Dev. Board. Vs. Chairman, 2nd Lbour Court, 2006, 35 CLC (AD)

....er Division, Bangladesh water Development Board, he was later on promoted to the post of tug Master in the pay scale of Tk. 220-420 he was thereafter given national pay scale of Tk. 325-610 as per Government circular dated 1-1-1981. It was further stated that Single Master plying B-Type vessel i......ed to be taken away without issuing a show cause. 17. For all the above reasons, we find no substance in this appeal. Accordingly, it is dismissed without any orders to costs. Ed. ......ed to be taken away without issuing a show cause. 17. For all the above reasons, we find no substance in this appeal. Accordingly, it is dismissed without any orders to costs. Ed. ..

Category: Employment/Service Law | Date: | Hits: 55

Md. Abdul Jalil Vs. Mosammat Shefali Begum and oth­ers, 2006, 35 CLC (AD)

....Deputy Commissioner (Revenue), Pabna on 8.2.1977 alleging that the property measur­ing 0.70 decimals of land out of 1.62 acres of S.A Khatian No. 1419. Plot Nos. 285 and 291 were acquired by the Government under L.A Case No. 21/52-53 for rehabili­tation of 30 refugee families and ever sin......ingly, the appeal is allowed with costs. The judgment dated 6.1.1997 passed in Civil Revision No. 3254 of 1992 is set aside. Ed. This Case is also Reported in: IV ADC (2007) 715. ......ingly, the appeal is allowed with costs. The judgment dated 6.1.1997 passed in Civil Revision No. 3254 of 1992 is set aside. Ed. This Case is also Reported in: IV ADC (2007) 715. ..

Category: Property Law | Date: | Hits: 39

Sree Sukhendu Nath Saha and others Vs. Hamangini Saha, 2006, 35 CLC (AD)

.... unregis­tered deed of gift dated 25m Sraban, 1342 B.S. That defendant No. 1 upon accepting the gift has been possessing the land in suit through bargadars, that defendant No.1 paid rent to the Government and obtained dakhilas that during S. A. operation her name was correctly recorded, that ......fs in the land in suit. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed with­out any order as to costs. Ed. ......fs in the land in suit. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed with­out any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 23

Shamsul Huq Sarker Vs. Enamul Huq Sarker and ors., 2006, 35 CLC (AD)

....challenging enrolment of the property of Taltali Jame Mosque Waqf Estate and appointment of its Motually unsuccessfully filed Miscellaneous E. C. Case No.9 of 1984 before the Administrator of Waqf Government of Bangladesh whereupon he preferred Title Appeal No. 3 of 1988 before the learned Distr......on decided the case correctly and no interference is called for. In the premises we do not find any sub­stance in this appeal. The appeal is, therefore, dismissed. Ed. ......on decided the case correctly and no interference is called for. In the premises we do not find any sub­stance in this appeal. The appeal is, therefore, dismissed. Ed. ..

Category: Procedural Law | Date: | Hits: 70

Trading Corporation of Bangladesh Vs. Md.Abdul Halim Bhuiyan & others (31), 2006, 35 CLC (AD)

....ere appointed in various posts of the Trading Corporation of Bangladesh (Shortly the T.C.B). By order under Memo No. BAM/OBA-3/ PROSHA-2(JOOPU)/02/380 dated 18.09.2002 of the Ministry of Commerce, Government of Bangladesh issued under the signature of the writ respondent No.4 and communicated to......ty in the impugned orders. The High Court Division, therefore, was not jus­tified in making the Rules absolute. All the appeals are allowed without any order as to costs. Ed. ......ty in the impugned orders. The High Court Division, therefore, was not jus­tified in making the Rules absolute. All the appeals are allowed without any order as to costs. Ed. ..

Category: Labour and Industrial Law | Date: | Hits: 80

Shahabuddin Vs. State, 2006, 35 CLC (AD)

.... the petitioner filed under Section 561A of the Code of Criminal Procedure. 2. The facts, in short are that on 19.03.1998 while Md. Farook Hossain (P.W.2) was passing in front of  Feni Government College he heard hue and cry in the college filed and went there and found the accused p...... commit any illegality in rejecting the application filed under Section 561A of the code of Criminal procedure. There is no substance in this petition and hence it is dis­missed. Ed. ...... commit any illegality in rejecting the application filed under Section 561A of the code of Criminal procedure. There is no substance in this petition and hence it is dis­missed. Ed. ..

Category: Criminal Law | Date: | Hits: 45

Satish Chandra Mondal Vs. Ayjuddin Gazi, 2006, 35 CLC (AD)

....een in possession of the suit land since then in his own right exclusively and adversely and got his name mutated in the records of the Revenue Department and has been paying rent regularly to the Government Acquired Estate and the origi­nal kabala was stolen from his house. 4. The tri......r­cumstances was well justified to interfere with the same in revisional jurisdiction. For the reasons and discussions above the appeal is allowed without any order as to costs. Ed. ......r­cumstances was well justified to interfere with the same in revisional jurisdiction. For the reasons and discussions above the appeal is allowed without any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 35

Government of the Peoples Republic of Bangladesh Vs. Sree Subas Chandra Sarker , 2006, 35 CLC (AD)

....owed. There is no order of costs. Ed. ......llate Court. In the background of the discussions made herein before we find merit in the appeal. Accordingly the appeal is allowed. There is no order of costs. Ed. ......llate Court. In the background of the discussions made herein before we find merit in the appeal. Accordingly the appeal is allowed. There is no order of costs. Ed. ..

Category: Property Law | Date: | Hits: 43

Chair, Board of Int. & Sec. Education, Jessore & ors Vs. Golam Quddus & anr, 2006, 35 CLC (AD)

....f the power of compulsory retirement under sec­tion 9 of the Public Servants (retirement) Act and in view of the fact that such an order of compulsory retirement could only be passed by the Government and not by the Board, and there being nothing in the impugned order to the effect that ......g the rules absolute. The judgment therefore does not call for our interference. In view of the discussion made above, the appeals are dismissed without any order of to costs. Ed. ......  the  fact  that  the  respondents applied to the petitioner to go on voluntary retirement and the leave petitioner having granted their prayer and paid them all their dues entitlements and benefits, the High Court Division was wrong in failing to hold that the wr..

Category: Property Law | Date: | Hits: 32

Government of the People's Republic of Bangladesh Vs. Md. Wazed Ali and others, 2006, 35 CLC (AD)

.... is dismissed. There is no order as to costs. Ed. ......er allu­vion. In the light of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ......er allu­vion. In the light of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 27