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Government of Bangladesh Vs. AAM Salekuzzaman and another, 2000, 29 CLC (AD)
....Appellate Tribunal agreed with the aforesaid findings of the Tribunal even though it was pointed out that it escaped the notice of the learned member of the Administrative Tribunal, that it was not disputed by the respondent that he was duly given notice of the second enquiry and that he was in ......ants (Discipline and Appeal) Rules 1985 on six different allegations. He submitted his written statement on 9-5-1991 denying the allegations. Respondent No. 2 was appointed enquiry officer who upon holding submitted his report. The authority, however, ordered a second enquiry by the same officer..Category: Administrative Law | Date: | Hits: 94
ASF Rahman and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....for grant of leave in this case or to interfere with the ultimate decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 61. ......for grant of leave in this case or to interfere with the ultimate decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 61. ..Category: Banking Law | Date: | Hits: 139
Moulana Delwar Hosain Saydee Vs. Sudhangshu Shekhor Halder and others, 2000, 29 CLC (AD)
....s also without jurisdiction. For all the above reasons, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 20. ...... the voters not to cast their votes in favour of the election-petitioner or canvassed to the voters in favour of opposite party No. 5. Shahidul Islam could not exercise any influence in the neutral holding of election in that centre. The Presiding Officer of Char Baleswar Primary School Centre, ..Category: Election Law | Date: | Hits: 126
Chera Dangi Mela Committee Vs. Mohammad Yusuf Ali & others, 1978, 7 CLC (AD)
.... the matter remitted back to the District Judge for the disposal in accordance with law. Costs of the appeal will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 310. ......ome of Chera Dangi Mela of Dinajpur. The trust was run by a committee selected by the local people for three years. The deed also provided for maintenance of accounts and its audit and procedures for holding of election of the next committee and measures for their infraction. Articles 23 and 36 are ..Category: Trust/Waqf Law | Date: | Hits: 185
Mozzammel Haq Vs. Bangladesh and others, 1978, 7 CLC (AD)
....e Rules, power to dismiss the appeal summarily. For the reasons stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 306. ......f the respondent Nos. 2 and 3 ejecting his nomination paper and prayed for directing respondent No. 2 to make delimitation of the wards as per notification issued on November 30, 1976 and also for holding fresh election. 2. The appellant's case is that he, being a voter of Union Char Gazi..Category: Election Law | Date: | Hits: 114
Mariam and others Vs. Bangladesh, 1978, 7 CLC (AD)
....t for decision in accordance with law in the light of the observations made above. Costs will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 247. ......ning about the enormous loss caused by the same till the fishing season is over. On receipt of the complainant the Deputy Commissioner was pleased to depute a Deputy Director (Revenue), Sylhet for holding an inquiry. Accordingly the said officer submitted a report. In spite of all efforts and en..Category: Civil Law | Date: | Hits: 89
Amal Kumar Moitra Vs. Md. Mashiur Rahman, 1978, 7 CLC (AD)
....d as a party defendant mainly on the ground that he is the only surviving heir and successor Sreemati Shanti Sudha Moitra, defendant No. 1 and that he is also in physical and actual possession of the disputed property and as such he is a necessary as well as a proper party; and that without his pres......ly. In the result, the appeal is allowed with costs, the order of the High Court is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 244. ..Category: Tenancy Law | Date: | Hits: 142
Mrs. Halima Khatun Vs. Bangladesh and others, 1978, 7 CLC (AD)
.... properly involved was abandoned property within meaning of the Abandoned Property (Control, Management and Disposal) Order, 1972 (P.O. No. 16 of 1972) required the determination of disputed questions of facts, it could not be resolved on the affidavits filed by the parties. ......er the petitions have abated not cannot be in the affirmative. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 207. ..Category: Constitutional Law | Date: | Hits: 307
Azizul Hoque Vs. State and others, 2007, 36 CLC (AD)
....ned Counsel could not point at any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ......r is an Additional Income Tax Commissioner and on the date of occurrence he was on duty at Chittagong, rightly discharged him. 4. As it appears the High Court Division made the Rule absolute holding that the learned Magistrate under section 241 A, Cr.P.C has authority to discharge any accu..Category: Criminal Law | Date: | Hits: 39
Bangladesh Vs. Md. Salahuddin Talukder, 2004, 33 CLC (AD)
....s and conditions of the service which are amenable within the jurisdiction of the Administrative Tribunal ousting the writ jurisdiction of the High Court Division, inasmuch as no disputed question of fact as sought to be raised by the writ petitioner could be resolved by the H......d the respondent as an Inspector under Rajshahi Commissionerate under the provision of section 8 of Act No. XX of 2000. 10. The High Court Division has found exception to the impugned order holding that the impugned order in ultra vires Articles 133 and 136 of the Constitution rendering t..Category: Constitutional Law | Date: | Hits: 133
Government of Bangladesh and another Vs. Sheikh Hasina and another, 2008, 37 CLC (AD)
....ich the question is raised can be properly disposed of in some other way and Court should not give decision on any law which is not strictly necessary for the disposal of the case before it. ......ition for leave to appeal. 18. During hearing of the leave petition Mr. Salauddin Ahmed, learned Additional Attorney-General, submitted that the High Court Division committed an error of law by holding that offence committed prior to the date of promulgation of the emergency cannot be tried un..Category: Civil Law | Date: | Hits: 254
Government of Bangladesh Vs. Md. Shamsul Huda and others, 2008, 37 CLC (AD)
....ections and guidelines, the appeal is allowed and the order of the High Court Division appealed against is set aside. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 108. ...... vs. SS Singh but on a close reading of the case of RK Jain vs. Union of India and SR Bommai vs. Union of India as mentioned earlier, it is apparent that the judgment of AIR 1961 (SC) 493 is still holding the field, inasmuch as in Bommai Case Ahmadi, J held : "Of course, the privil..Category: Constitutional Law | Date: | Hits: 124
Loyal Shipping Ltd. Vs. Castrol UK Ltd. and others, 2006, 35 CLC (AD)
.... of Money Suit No. 21 of 1993 by the plaintiff. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 48. ...... the cross suit. As against that the defendant No. 2 moved the High Court Division and obtained Rule in Civil Revision No. 562 of 1997 and after hearing the High Court Division discharged the Rule holding that the plaintiff being permitted to withdraw the suit there remained nothing for the..Category: Civil Law | Date: | Hits: 111
Chittagong Dock Sramik Parichalana Board and others Vs. Shamsul Haque and others, 2007, 36 CLC (AD)
.... sustainable and accordingly, the same is liable to be set aside. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 68. ...... for review of the said order but with no effect and thereafter the impugned order dated 20-9-1990 was issued. None opposed the Rule. This High Court Division, after hearing, made the Rule absolute holding that the writ petitioner/ respondent No. 1 is still in possession of the above 2.85 acres o..Category: Labour and Industrial Law | Date: | Hits: 83
Anti-Corruption Commission Vs. Barrister Nazmul Huda and others, 2008, 37 CLC (AD)
....fe to be certified by duly constituted Medical Board, may consider the matter of granting bail in an appropriate case in an appeal. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 256. ......d under the above two President Orders and 18 appeals were preferred before this Court by the Government and this Court set aside all those judgments of the High Court Division and allowed 18 appeals holding: "The contention of Mr. Abdul Hye Choudhury and Mr. Serajul Huq that the restrictions..Category: Anti-Corruption Laws | Date: | Hits: 219
Sarder M. Hashim Zaman & ors Vs. Thana Nirbahi Officer, Mithapukur, Rangpur & ors, 2008, 37 CLC (AD)
....is preferable to the Court’s exercising power under section 73 of the Evidence Act. However, in case of extreme necessity, as in the present case, where both the Courts below neither compared disputed signatures nor sent them to handwriting expert, the High Court Division was competent to ......s such, they (defendant Nos. 13-15) ceased to be validly appointed teachers of the said school. The learned Advocate for the appellants further submits that the learned Single Judge erred in law in holding that in view of the order of status quo dated 13-2-1993 passed in Other Suit No.11 of 1993..Category: Civil Law | Date: | Hits: 110
Abdul Mannan Bhuiyan and another Vs. State, 2007, 36 CLC (AD)
....gment and order of the High Court Division is set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 49; V ADC (2008) 150. ......ing the background in issuing Rule suo moto and taking note of the news appearing in daily newspapers summarized chapter VIII of the Penal Code and then interpreted Section 141 of the Code by holding that according to the fifth clause of Section 141 of the Penal Code a procession or other a..Category: Criminal Law | Date: | Hits: 79
Md. Abu Alam Vs. Zarina Begum and others, 2006, 35 CLC (AD)
....pellate Court. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ......ven in proof the terms of such document as such the defendants afford to explain away the mistake by other evidence is not acceptable in law", that the learned Assistant Judge was in error in holding that the scribe inadvertently committed mistake in writing plot No. 8275 instead of 8276 in..Category: Property Law | Date: | Hits: 42
Md. Muinuddin Zulfiquer Vs. Bangladesh, 2006, 35 CLC (AD)
....e fact of the judgment for review. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly the petition is dismissed. Ed. ......there has been violation of the Article 27 and 29(1) of the Constitution. This Court did not accept the said contention i.e. of not treating equally or in other words there has been discrimination holding "when the advertisement was made qualification and experience for the respective grade..Category: Employment/Service Law | Date: | Hits: 79
Badal Chandra Das and others Vs. Amena Khatun, 2005, 34 CLC (AD)
.... himself for the year 1351 B.S. on 5.7.1351 BS Ext.1(1) and for the years 1354 B.S.,1353 B.S. and 1352 B.S. on 8.8.1354 B.S. (Ext.1) showing their continuous possession following title in the disputed land and though in the paper it is mentioned about the incorporation of Exhibits 1-1(1) se......f proves that he is owner of the property learned Counsel further submitted that the suit being a suit for declaration of title and recovery of khas possession, the High Court Division erred in holding that "In this particular case the opposite parties plaintiffs have long uninterr..Category: Property Law | Date: | Hits: 34
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