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Water Supply and Sewerage Authority (WASA) and another Vs. Md. Abdus Sobhan, 2006, 35 CLC (AD)

....o error in making the Rule absolute and as such no interference is called for. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 646. ......sp; The suit was filed seeking declaration that dismissal order dated April 4, 1991 is illegal, void and not binding on the plaintiff and for further declaration that the plaintiff is still in the service of the defendant and also for a direction to the defendants to rein­state the plaintiff..

Category: Employment/Service Law | Date: | Hits: 64

Md. Anwar Hossain Vs. Government of Bangladesh, 2004, 33 CLC (AD)

....llate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Md. Anwar Hossain.........................Petitioner Vs. Government of Bangladesh represented by the Secretary, Ministry of Finance and Others ................... was served upon the petitioner. He accordingly replied to the same denying all the allegations. The respondent No. 2 finally disposed of the case by imposing penalty of compulsory retirement from service upon the petitioner. The petitioner submitted a review petition to the Hon'ble President an..

Category: Criminal Law | Date: | Hits: 41

Peninsular Shipping Service Ltd. Vs. M/s. Faruque Paint & Varnish Manufac. Co Ltd. 2006, 35 CLC (AD)

....re are merits in the appeal. The appeal is therefore allowed. The impugned Order is set aside. Parties do bear their respective costs. Ed. This Case is also Reported in: 12 MLR (AD) (2007) 1. ......re are merits in the appeal. The appeal is therefore allowed. The impugned Order is set aside. Parties do bear their respective costs. Ed. This Case is also Reported in: 12 MLR (AD) (2007) 1. ..

Category: Civil Law | Date: | Hits: 132

Shadharan Bima Corporation Vs. The First Court of Settlement and other, 2006, 35 CLC (AD)

.... The First Court of Settlement and other................Respondents (In both the cases) Judgment January 26, 2006. Cases Referred To- 48 DLR (AD) 1, Rasheda Begum Vs. Government of Bangladesh and another, 2 BLC (AD) 158; Rahima Begum and others Vs. Court of Settleme......hould not also be disturbed till transfer of the same. With the above observations both the petitions are dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 241. ..

Category: Property Law | Date: | Hits: 41

Ayen Ali Howlader Vs. Nazir Ahmed and others, 2007, 36 CLC (AD)

....4404 of 2003 making the Rule absolute. 2. The facts, in short, are that the respondent No.1 as petitioner filed Writ Petition No.4404 of 2003 contending, inter-alia, that the case land is a Government non-agricultural khas land of 20 decimals in Plot No. 1088 of Mouza Char Badna, Police S......ent and order passed by the Land Appeal Board. We find no merit in this leave petition which is accordingly dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 224. ..

Category: Property Law | Date: | Hits: 29

Md. Rabiul Awal @ Sohel Miah Vs. Md. Abdur Rab @ Abdur Rab, 2007, 36 CLC (AD)

....of the suit premises and he having been accepted as such on receipt of rent from him and on mutation of his name, the High Court Division erred in not decreeing the suit as prayed for, that since the Government having not contested the suit by denying the claim of the petitioner, the High Court Divi......issions of the learned Counsel appearing for the petitioner. 17. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 221...

Category: Tenancy Law | Date: | Hits: 180

Mokbul Hossain Howlader Vs. State, 2007, 36 CLC (AD)

....law and procedure. 12. In view of the above, we find substance in the appeal. Accordingly, the appeal is allowed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 181. ......ainant then, lodged a complaint in the office of the   accused and the official authority of the accused, after making inquiry found the complaint true and dismissed the accused from the service. On 15.08.1998 the accused refused to give back the money to the complainant for the last t..

Category: Criminal Law | Date: | Hits: 42

Ameena Ahmed Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (AD)

.... Ruhul Amin CJ MM Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J Ameena Ahmed......................................Petitioner (In all the cases) Vs. Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Land, B......Requisition Act was served upon the petitioner and others and everything was within the knowledge of the petitioner. 21. The requiring body served the notice under Sections 3 and 6 and after service of notice the petitioner’s representatives appeared in the office of the respondent f..

Category: Property Law | Date: | Hits: 31

Dewan Shamsul Abedin, Mutwalli of Dewan Aftebur Reza Chy Waqf Estate Vs. BD, 2007, 36 CLC (AD)

.... Ameen J Dewan Shamsul Abedin, Mutwalli of Dewan Aftebur Reza Chowdhury Waqf Estate, of Village: Tegharia, Police Station: Sunamgonj Sadar, District-Sunamgonj....Petitioner Vs. Government of the People's Republic of Bangladesh represented by the Deputy Commissioner, Sunamgonj......ns of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed.  This case is also Reported in: 61 DLR (AD) (2009) 118; 13 MLR (AD) 2008, 163. ..

Category: Property Law | Date: | Hits: 50

Bangladesh Vs. Md. Waziullah, 2008, 37 CLC (AD)

....The impugned order is ex-facie illegal and void, because the power under Section 9(2) of the Public Servants (Retirement) Act, 1974 could only be passed in a clear case of 'public interest' by the Government. Only the Government is competent to retire a Public Servant under Section 9(2) but the ......e short facts of the case is that the respondent, Md. Wazilullah was born on 01.01.1954 and joined in the Police Service on 15.02.1973 as a constable. Thereafter, in recognition of his unblemished service record he was promoted as Assistant Sub-Inspector of Police on 10.05.1979 and as ASI on 29...

Category: Administrative Law | Date: | Hits: 120

Khizir Haider and others Vs. State, 2007, 36 CLC (AD)

....uhara Samity was permitted to use the said property as their temporary residence and in the FIR and charge sheet it was stated that the petitioners and other accused persons, in connivance with the Government employees, tried to grab the property to fulfill their evil design to get lease of the ......irmity in the decision of the High Court Division so as to call for any interference. The petitions are dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 145. ..

Category: Criminal Law | Date: | Hits: 43

Fatema Jinnah Multilateral Girls High School Vs. Aradhana Chowdhury & others, 2007, 36 CLC (AD)

.... correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 143. ......t the judgment and order dated 09.02.2006 passed by a Single Bench of the High Court Division in Civil Revision No.4843 of 2005 allowing the calling for lower court records and dispensing with the service of notices upon pro-forma-opposite party Nos.2-13 of the revisional application. By the sam..

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

Lutfor Rahman and others Vs. State, 2007, 36 CLC (AD)

.... are of the opinion that there are no substances in this petition for leave to appeal and accordingly, the same is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 126. ......e petitioners purchased the house. The present informant is Azahar Hossain Bhuiyan son of Shajahan Bhuiyan still serving as Office Assistant, Stamp Branch in the Dhaka Collectorate according to his service book. He further submits that since the deed in question has already been used in judicial ..

Category: Criminal Law | Date: | Hits: 39

Md. Miksar Ali Dewan and others Vs. Dares Ali Mondal and others, 2007, 36 CLC (AD)

....nce there was formal defect and thereafter filed the instant suit. 4. The suit was contested by the defendant Nos.4-6, 15-17, 61-62, the defendant Nos.20, 21, 23, 52, 54 and 63-65 and also by the Government of Bangladesh by filing separate sets of written statement. 5. The first set of defen...... In the background of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 105. ..

Category: Property Law | Date: | Hits: 29

Government of Bangladesh Vs. Md. Abdur Rashid and others, 2006, 35 CLC (AD)

.... Supreme Court Appellate Division (Civil) Present: Syed J.R. Mudassir Hussain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Government of Bangladesh represented by the Secretary, Ministry of Finance, Bangladesh Secretaria......rt of Bangladesh. It was further stated that as per Services (Re-organization and Condition) Act 1975 the Government have power to uniform the grade arid scale and other terms and conditions of the service amongst the employees of similar post under different employment of the Government and that..

Category: Employment/Service Law | Date: | Hits: 69

Md. Atiqullah Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)

....hellip;……………………………………………… Appellant (in all the cases) Vs. Government of the People's Republic of Bangladesh, represented by the Land Acquisition Collector &a...... Acquisition and Requisition of Immovable Property Ordinance, 1982 provides that any person interested who has not accepted any award made by the Deputy Commissioner within 45 days from the date of service of notice of the award may make an application to the Arbitrator for revision of the award..

Category: Property Law | Date: | Hits: 27

Khandker Zillul Bari and another Vs. State, 2008, 37 CLC (AD)

....ous imprisonment for 6 (six) months more and thereby set aside the order of acquittal by the judgment and order dated 9-4-1996 passed by the High Court Division in Criminal Appeal No. 192 of 1994 and Government Appeal No. 25 of 1995. 3. The accused-appellants were prosecuted in Sessions Case No. ......s very limited. Nonetheless, since in the instant case the error is apparent on the face of the record I am not inclined to limit the relief to reduction of sentence only. 51. In this case for non-service of notice upon the accused acquitted by the High Court Division the appellants have been den..

Category: Criminal Law | Date: | Hits: 94

Khorshed Alam (Md) Vs. Hazi Mohiuddin and others, 2007, 36 CLC (AD)

....cogent ground for interference in the impugned judg­ment. Accordingly, both the civil petitions are dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 72. ......cogent ground for interference in the impugned judg­ment. Accordingly, both the civil petitions are dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 72. ..

Category: Procedural Law | Date: | Hits: 86

Gopal Das Soni and another Vs. Government of Bangladesh and others, 2002, 31 CLC (AD)

....vil) Present: Md. Ruhul Amin J  Md. Mudassir Husain J Abu Sayeed Ahammed J Gopal Das Soni and another........................Petitioners Vs. Government of Bangladesh and others....... ...............Respondents Judgment  &n......Further case of the plaintiffs is that while in possession they came to know on 20 July, 1980 that defendant No. 2 has included the property within the periphery of Khulna Hat and Bazar without any service of notice and that defendant No. 3 served a notice on the plaintiffs to vacate the land in ..

Category: Property Law | Date: | Hits: 27

Government of Bangladesh Vs. AAM Salekuzzaman and another, 2000, 29 CLC (AD)

.... (Civil) Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Government of Bangladesh………………………&hel......notice. The respondent submitted his reply on 19-6-1991 pleading innocence. The authority ultimately, it alleged, without any consultation with the Public Service Commission illegally dismissed him service by the impugned order dated 17-7-1993. The present respondent primarily contended that alle..

Category: Administrative Law | Date: | Hits: 94