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Md. Sirajuddin Mondal and other Vs. Mosammat Miration Nessa and oth­ers, 2006, 35 CLC (AD)

....aben Nessa and Lokman son of Giasauddin transferred the land in suit to the plaintiff by the kabala dated January 19, 1970 and since then plaintiff is possessing the land on payment of rent to the Government that there is passage over the suit plot No. 837 and the said path has divided the land ......n established by the plaintiff that Jairuddin did not surren­der his tenancy, we find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2, 000/- Ed. ......n established by the plaintiff that Jairuddin did not surren­der his tenancy, we find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2, 000/- Ed. ..

Category: Property Law | Date: | Hits: 35

Chairman, Bangladesh Telephone and Telegraph Board Vs. Mohammad Toufique & ors, 2006, 35 CLC (AD)

....ghbazar and other areas were illegally occupied by trespassers and the respondent No. 5, General manager, Dhaka Telecommunication Region took decision for their eviction under the provision of the Government Lands and Buildings (Recovery of Possession) Ordinance (Ordinance No. LIV of 1965), in s......paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. The order of status quo passed on 07.08.2005 vacated. Ed. ......paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. The order of status quo passed on 07.08.2005 vacated. Ed. ..

Category: Others | Date: | Hits: 97

Government of Bangladesh Vs. Israt Jahan Kazal, 2006, 35 CLC (AD)

.... any order as to costs. Ed. ......ur above discussions, we are of the view that the judgment of the High Court Division requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ......ur above discussions, we are of the view that the judgment of the High Court Division requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 34

Commissioner of Customs and anr Vs. Bangladesh Traders, Dhaka, 2006, 35 CLC (AD)

.... and the invoice value of the above Hard Boards and MDF Boards are respectively US$ 2.10. 2.05 and 2.00 per sheet and by SRO No. 75 issued on 15.05.99 issued under section 25(7) of the Customs Act, Government fixed tariff value on Hard Board size 8'x4'x3'min, which comes under the Heading No. 441......n made without any lawful authority and of no legal effect and further directing the writ respondents to return the bank guarantees furnished by the writ petitioners are hereby set aside. Ed. ......n made without any lawful authority and of no legal effect and further directing the writ respondents to return the bank guarantees furnished by the writ petitioners are hereby set aside. Ed. ..

Category: Fiscal/Taxation Law | Date: | Hits: 95

Bangladesh Krishi Bank Vs. A.F.M. Farid Uddin and others, 2006, 35 CLC (AD)

....nk.  By Ordinance XLIII of 1983 for Article 7 of P.O. 27 of 1973 following was substituted namely: 7. (1) The Board shall consist of the following Directors to be appointed by the Government namely: (a) Chairman; (b) The Managing Director; (c) seven ......he impugned order of compulsory retirement of the Respondent No.1 and as such the same requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ......he impugned order of compulsory retirement of the Respondent No.1 and as such the same requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ..

Category: Administrative Law | Date: | Hits: 90

Ali Asgar Khan Vs. Md. Anwarul Islam, 2006, 35 CLC (AD)

....ourt fixed the suit for hearing on maintainability. Upon hearing only the learned Advocate for the plaintiffs the trial court by an order dated 03.08.1996 held that the plaintiff-respondents being Government employees their relief against the order of dismissal lies in the Administrative Tribuna...... suit from the trial court and transferring the same to its own file for trial and disposal and this requires interference by us. The appeal is allowed without any order as to cost. Ed. ...... suit from the trial court and transferring the same to its own file for trial and disposal and this requires interference by us. The appeal is allowed without any order as to cost. Ed. ..

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

Government of Bangladesh Vs. Kamrul Hasan, 2006, 35 CLC (AD)

....k.30.000/- (twenty thousand). Ed. ......into consideration the basic fact that appointment of the respondent was cancelled in public interest. Accordingly the appeal is allowed with cost of Tk.30.000/- (twenty thousand). Ed. ......into consideration the basic fact that appointment of the respondent was cancelled in public interest. Accordingly the appeal is allowed with cost of Tk.30.000/- (twenty thousand). Ed. ..

Category: Administrative Law | Date: | Hits: 123

Government of Bangladesh Vs. A. S. M. Firoj Uddin Bhuiyan, 2006, 35 CLC (AD)

....osts. Ed. ......y concerned was not competent to take the alleged action in the matter of sale to the plaintiff while disposing of the building other than the manner prescribed therein namely, (a) lease on monthly rental basis; (b) disposal on hire-purchase system, and (c) disposal by outright auction and in the...... 16. In view of the above we do not find any substance in the submission of the learned Counsel for the appellants. The appeal is dismissed without any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 41

M/s. Standard Match Factory Ltd Vs. Chairman, First Labour Court, Chittagong, 2006, 35 CLC (AD)

.... is allowed without an order as to costs and the judgment and order dated 29.8.92 passed by the Labour Court, Chittagong is set aside. The Trade Union Case No. 22 of 1988 is allowed. Ed. ...... is allowed without an order as to costs and the judgment and order dated 29.8.92 passed by the Labour Court, Chittagong is set aside. The Trade Union Case No. 22 of 1988 is allowed. Ed. ......7 and since the situation did not improve within the next 45 days, all the said workers of the factory of the appellant were retrenched with effect from 10.11.8? and they were paid all their legal dues; the above retrenchments did not lead to any industrial dispute nor it was challenged by any o..

Category: Labour and Industrial Law | Date: | Hits: 131

Pubali Bank Limited Vs. Bangladesh, 2006, 35 CLC (AD)

....llip;……………………………………………………..Appellant Versus Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Commer......ourt as not abandoned property. 21. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs. Ed. ......nd as the mortgagor, the Respondent No.3; did not discharge its obligation by paying back the amount due the mortgagee is legally competent to retain possession of the property till payment of the dues by the mortgagor i.e. Respondent No.3. It is also the contention of the appellant that the pro..

Category: Property Law | Date: | Hits: 38

Sonali Bank Vs. Md. Sirajul Hoque Chowdhury and others, 2006, 35 CLC (AD)

....has quite legally filed the suit impleading the defendant Nos. 3 and 4 as the defendants along with others. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ......has quite legally filed the suit impleading the defendant Nos. 3 and 4 as the defendants along with others. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ......d 4, rather the Bank sanctioned loan to the defendant Nos.l and 2 and allowed said defendants to avail the loan granted and as such it is the liability to the defendant Nos.l and 2 to pay back the dues against the loan. 16. It is a hard proposition as because the defendant Nos. 1 and 2 in..

Category: Banking Law | Date: | Hits: 129

Government of Bangladesh Vs. Hasrat Mohani and others, 2006, 35 CLC (AD)

....ssed. Ed. This Case is also Reported in: ......gh Court Division are set aside. The judgment and decree passed by (he Additional District Judge, Rangpur is restored. Consequently the suit stands dismissed. Ed. This Case is also Reported in: ......gh Court Division are set aside. The judgment and decree passed by (he Additional District Judge, Rangpur is restored. Consequently the suit stands dismissed. Ed. This Case is also Reported in: ..

Category: Limitation Law | Date: | Hits: 156

Robert Pinaru Vs. Moulana Habibur Rahman and others, 2006, 35 CLC (AD)

.... settled 41 decimals of land (including the land in suit) to one Taiyab Ali on 10th Baisakh, 1357 B. S. and in his name S. A. record was prepared and he possessed the land on payment of rent to the Government. Plaintiff by the kabala dated August 6, 1963 purchased from Taiyab Ali 41 decimals of ......he appellate Court affirming the judgment and decree of the trial Court is restored. There is no order as to costs. Ed. This Case is also Reported in: I ADC (2004) 421. ......he appellate Court affirming the judgment and decree of the trial Court is restored. There is no order as to costs. Ed. This Case is also Reported in: I ADC (2004) 421. ..

Category: Property Law | Date: | Hits: 48

State Vs. Khandker Zillul Bari and other, 2006, 35 CLC (AD)

....nbsp;            Amirul Kabir Chowdhury J.- Criminal Appeal No. 12 of 1998 has been preferred by the State represented by the Solicitor to the Government of People’s Republic of Bangladesh against the judgment and order passed by the H......gainst them. In default, the District Magistrate concerned shall take step for effecting their arrest to undergo the sentences. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 77. ......gainst them. In default, the District Magistrate concerned shall take step for effecting their arrest to undergo the sentences. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 77. ..

Category: Criminal Law | Date: | Hits: 129

Hotel Agrabad Ltd. CTG Vs. Chairman, First Labour Court, Khatungonj, CTG & ors, 2008, 37 CLC (AD)

.... below for proper appreciation of the contentions raised on behalf of both the parties. "5. Penalty. - (1) Where any company fails to comply with the provisions of section 3, the Government may, by order in writing, require it to comply with those provisions within such time a......ce the impugned Judgment passed in the aforesaid two writ petitions deserves no interference by this court. Both the appeals are accordingly dismissed without any order as to costs. Ed. ......ce the impugned Judgment passed in the aforesaid two writ petitions deserves no interference by this court. Both the appeals are accordingly dismissed without any order as to costs. Ed. ..

Category: Labour and Industrial Law | Date: | Hits: 95

Government of the People's Republic of Bangladesh Vs. Md. Fariduddin Talukder, 2008, 37 CLC (AD)

....n:  61 DLR (AD) (2009) 111. ......ground to interfere with the judgment of the High Court Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in:  61 DLR (AD) (2009) 111. ......ground to interfere with the judgment of the High Court Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in:  61 DLR (AD) (2009) 111. ..

Category: Civil Law | Date: | Hits: 104

Ramesh Chandra Barman and others Vs. Sree Sree Iswar Kalachan Jieu Thakur & Another, 2008, 37 CLC (AD)

....tta, at the time of executing power of attor­ney dated 9.7.1998, was a citizen of Bangla­desh by birth as he went to India with a stu­dent visa holding a Pakistani passport and that in the case of Government of Bangladesh vs. Ms. Ispahani 40 DLR(AD) 116 and in the case of Government of Bangladesh......o the decision of the High Court Division does not call for any interference. The petitions are dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 24, 19 BLT (AD) (2011) 07. ......o the decision of the High Court Division does not call for any interference. The petitions are dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 24, 19 BLT (AD) (2011) 07. ..

Category: Civil Law | Date: | Hits: 111

Capt. Mir Mazharul Huq Vs. Bangladesh Biman Corporation And Others, 2008, 37 CLC (AD)

....irement in respect of the appellant passed by the Bangladesh Biman Corporation under Regulation 11A(2) of the Regulations is not sustainable as the employees of Biman being public servants only the Government has power to retire them under section 9(2) of the Public Servant (Retirement) Act 1974&...... The appeal is allowed with the afore­said direction to the Respondents. There is no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 21. ...... The appeal is allowed with the afore­said direction to the Respondents. There is no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 21. ..

Category: Employment/Service Law | Date: | Hits: 79

Alauddin Bhuiyan (Md) Vs. State, 2008, 37 CLC (AD)

....1987, he received lease money from the different lease holders and auction purchasers amounting to Taka 1, 31,262 for the year 1394 BS against several OCR's, but depo­sited only Taka 6,148.13 to the Government treasury by different challans. Accordingly, he was found to have misappropriated the rem......nd the allegations leveled against him. 7. In view of above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. ......nd the allegations leveled against him. 7. In view of above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. ..

Category: Anti-Corruption Laws | Date: | Hits: 90

Mahmudun Nabi (Md) Vs. Mafizur Rahman Manju and others, 1989, 18 CLC (AD)

....€¦â€¦â€¦â€¦.....Appellant Vs. Mafizur Rahman Manju and ors......................................Respondents Judgment December 14, 1989. Result: The appeal is allowed. The Local Government (Upazila Parishad and Upazila Administration Re-Organisation) Ordinance, 1982 (Ordinance ......lt, therefore, this appeal is allowed and the judgment and order of the High Court Divi­sion is set aside without any order as to cost. Ed. This Case is also reported in: 42 DLR (AD) (1990) 120.......count with the Sonali Bank as the Proprietor of the Firm and exhibit 1 an affidavit before a Magistrate to the effect that he was the Proprietor of the firm and authorised the Bank to collect all his dues in connection with the contract business and deposit them into his account. The Ap­pellate Cou..

Category: Election Law | Date: | Hits: 134