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Alaluddin Vs. State, 2003, 32 CLC (AD)
....he High Court Division. The Jail petition No.13 of 2003 and criminal Misc. petition No. 46 of 2003 are accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 299. ......he High Court Division. The Jail petition No.13 of 2003 and criminal Misc. petition No. 46 of 2003 are accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 299. ......er having dinner, they brought back the victim to the house of the petitioner. On 23.4.1998, at about 5-00 a.m. Fuljhuri, the wife of the brother of the petitioner, went to the house of informant and informed that the victim Balika could not be traced. The informant then rushed to the h......he High Court Division. The Jail petition No.13 of 2003 and criminal Misc. petition No. 46 of 2003 are accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 299. ..Category: Criminal Law | Date: | Hits: 36
Md. Saiful Islam and another Vs. Sheikh Hasanul Huq and others, 2004, 33 CLC (AD)
.... 2. The writ petitioner respondent No.1 filed the above writ petition impugning the Memo dated 24.11.92. where by his seniority was taken away, stating inter alia that on 9.12.1978 he joined Bangladesh Power Development Board as an Assistant Engineer; he had to tender resignation from......ed without any order as to cost and the judgment and order passed by the High Court Division making The Rule absolute is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 290. ......way, stating inter alia that on 9.12.1978 he joined Bangladesh Power Development Board as an Assistant Engineer; he had to tender resignation from service under BPDB with effect from 20.7.1979 for taking job abroad as at that time there was no provision for allowing an employee to go abroad ......ed without any order as to cost and the judgment and order passed by the High Court Division making The Rule absolute is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 290. ..Category: Employment/Service Law | Date: | Hits: 82
Dr. M.A. Mazed and others Vs. Bangladesh, repÂresented by the Solicitor, 2003, 32 CLC (AD)
....e Division (Criminal) Present: Md. Ruhul Amin J Syed JR Mudassir Husain J MM Ruhul Amin J Dr. M.A. Mazed and others.....Appellants Vs. Government of the People's Republic of Bangladesh, repÂresented by the Solicitor…… ..Respondent. Judgment December 10, 2003. ......al. In the background of the discussions made hereinbefore we find no merit in this appeal. Accordingly the appeal is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 261. ......dure, 1898 (Act No. V of 1898); section 417 (3) The 'special limitation' as has been provided in section 417 (3) of Cr. P. C is applicable in a case where a complainant intends to file an appeal before the High Court Division against order of acquittal passed in a case registered upon a petition ......al. In the background of the discussions made hereinbefore we find no merit in this appeal. Accordingly the appeal is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 261. ..Category: Criminal Law | Date: | Hits: 109
Additional Deputy ComÂmissioner (Rev) Dhaka & others Vs. Mst. Farhad Begum & ors, 2004, 33 CLC (AD)
.... of Dhaka Municipal Corporation Ext.5 related to the suit property or not and whether suit property is abandoned property or not and whether Nasima Khatun and Farhana Khatun were no locals and left Bangladesh during liberation war are questions of factor and were decided in the first appeal upon......ent and order dated 18.5.1999 passed by the High Court Division in F.A. No. 74 of 1998 is set aside and the suit is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 256. ......e died leaving the plaintiffs as his heirs the plaintiffs had been possessing the suit land by erecting huts there on through their own men suit land never belonged to any non Bengali and therefore the question of the suit land being abandoned property does not arise some people hav­......ent and order dated 18.5.1999 passed by the High Court Division in F.A. No. 74 of 1998 is set aside and the suit is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 256. ..Category: Property Law | Date: | Hits: 29
Saleha Begum and others Vs. Nisar Uddin and others, 2007, 36 CLC (AD)
....bsp; Amirul Kabir Chowdhury J. - Saleha Begum and four other plaintiff-petitioners have preferred this petition under Article 103 of the Constitution of People's Republic of Bangladesh seeking leave to appeal against the judgment and order dated 07.12. 2004 passed by a Sin...... are accordingly exempted from payment of the said cost. With the above observation this petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 342. ......dvocate-on-Record- For Respondent No. 1. Not represented- Respondent Nos. 2-4. Civil Petition for Leave to Appeal No.712 of 2005. (From the judgment and order dated 07.12.2004 passed by...... are accordingly exempted from payment of the said cost. With the above observation this petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 342. ..Category: Property Law | Date: | Hits: 25
Qamrul Islam Siddique Vs. Saber Ahmed and another, 2002, 31 CLC (AD)
....bsp; Md. Ruhul Amin J.- This appeal by leave has been preferred by the Chief Engineer, LGED (though government of Bangladesh represented by the Secretary, Ministry of LGRD and Co-operatives was party in the A......to costs. The judgment and order of the Administrative Appellate Tribunal, Dhaka in Appeal Case No. 20 of 1997 is maintained. Ed. This Case is also Reported in: 1 ADC (2004) 224. ......was party in the Administrative Tribunal Case No.135 of 1991 and in AAT Appeal No. 20 of 1997) who was impleaded in the A.T case by name since there were certain allegations in the petition filed before the Administrative Tribunal by the respondent No. 1 Executive Engineer, Local Government Engi......to costs. The judgment and order of the Administrative Appellate Tribunal, Dhaka in Appeal Case No. 20 of 1997 is maintained. Ed. This Case is also Reported in: 1 ADC (2004) 224. ..Category: Administrative Law | Date: | Hits: 95
Aminul Islam Vs. Mr. Tawhid Ahmed Siddique and others, 2004, 33 CLC (AD)
.... Authority (DESA) in the rank of Executive Engineer with effect from 1.3.1976 in pursuant to the Memo. Dated April 13, 1996 of the Ministry of Power, Fuel and Mineral Resources of the Government of Bangladesh and the Memo. Dated September 29, 1997 issued by the Dhaka Electric supply Authority giv...... made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 306. ......ndent Nos. 1-3. Ex-parte-Respondent Nos. 4-7. Civil Appeal No. 581 of 2001. (From the Judgment and Order dated July 13, 1999 passed by the High Court Division in Civil Petition for leave to Appeal No. 129 of 1999 [heard along with C.P. No. 52 of 1999]). Judgment ...... made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 306. ..Category: Employment/Service Law | Date: | Hits: 72
Md. Saiful Islam Vs. Md. Abdur Rahim and other, 2004, 33 CLC (AD)
.... in writ petition No.1468 of 2000 making the Rule absolute and thereupon declared illegal the Memo, dated March 2, 2000 of the Ministry of Law, Justice and Parliamentary Affairs, Government of Bangladesh according approval as regard granting of lisence of Nikah Registrar to the appel&s......made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 190. ......or any show cause notice was issued upon him". 2. Facts, in short, are that Respondent No.1 (writ petitioner) was initially appointed temporary Nikah Registrar on August 31, 1976 for Union Nos.3-5 and 8 within Gafargaon Police Station and that he was permanently appointed as Ni......made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 190. ..Category: Civil Law | Date: | Hits: 95
Bangladesh Water Development Board Vs. M/s Zakir Construction & Co., 2000, 29 CLC (AD)
.... ......refore no merit in this appeal and the same is liable to be dismissed. The appeal is accordingly dismissed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 160. ......1994 of the Arbitrator Md. Moksudur Rahman in Arbitration Miscellaneous Case No. 79 of 1994 a Rule of the Court. 2. The short fact leading to this appeal is that the appellant invited tender for construction of an embankment at 13.65 Kilo Meter in order to save the greater Dhaka City from......refore no merit in this appeal and the same is liable to be dismissed. The appeal is accordingly dismissed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 160. ..Category: Civil Law | Date: | Hits: 89
Bangladesh Vs. Abdul Wahab Mia and others, 1998, 27 CLC (AD)
.... Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Government of the People's Republic of Bangladesh, represented by the Deputy Commissioner, Dhaka and other................................the appeal is allowed without any order as to costs. Civil Petition No. 220 of 1997 is also disposed of in terms of the appeal. Ed. This Case is also Reported in: 1 ADC (2004) 153. ......-13. Abdul Baset Majumder, Senior Advocate, instructed by Mrs. Azra Ali, Advocate-on-Record-For respondent Nos. 14-36. Civil Appeal No.118 of 1997. With Civil Petition for Leave to Appeal No. 220 of 1997. (From the judgment and order dated 20.6.1996 passed by ......the appeal is allowed without any order as to costs. Civil Petition No. 220 of 1997 is also disposed of in terms of the appeal. Ed. This Case is also Reported in: 1 ADC (2004) 153. ..Category: Property Law | Date: | Hits: 29
Government of Bangladesh and ors. Vs. Sree Sree Luxmi Janardhan Jew Thakur & ors, 2000, 29 CLC (AD)
....This Case is also Reported in: 1 ADC (2004) 149.......ide. In the result both the appeals are allowed without any order as to cost and impugned judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 149.......27 of 1992 making the rule absolute. 2. M/S Hardeo Glass, Aluminum, Enamel and Silicate Works is situated in the disputed land and premises and as the owners of the said factory and premises left for India, the same was declared as enmity property by notification dated 6.10.1965 and the same was......ide. In the result both the appeals are allowed without any order as to cost and impugned judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 149...Category: Tenancy Law | Date: | Hits: 148
Government of Bangladesh Vs. Shamsuddin Ahmed, 2003, 32 CLC (AD)
....ate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J The Government of Bangladesh repÂresented by the Secretary, Ministry of Establishment……………… Appellants (I......wing arrear salary to the respondent is affirmed and the order allowing pro forma proÂmotion to him is disallowed. Ed. This Case is also Reported in: 1 ADC (2004) 144. ......egal. The government appelÂlant's Title Appeal No. 230 of 1980 was disÂmissed on 11-12-85. The respondent was not allowed to resume his duties. He instituted a miscellaneous case in the trial court for a proÂceeding for contempt of court whereupon the Government asked him to withdraw the said cas......wing arrear salary to the respondent is affirmed and the order allowing pro forma proÂmotion to him is disallowed. Ed. This Case is also Reported in: 1 ADC (2004) 144. ..Category: Administrative Law | Date: | Hits: 138
Mostafizur Rahman & 5 others Vs. Government of Bangladesh and 5 others, 1997, 26 CLC (AD)
.... Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Mostafizur Rahman & 5 others................Appellant (In Civil Appeal No. 6 of 1995) Vs. Government of Bangladesh and 5 others........Respondents (In Civil Appeal No. 6 of 1995). Judgment ......t could be decided in a proper case. For the above reasons all these appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 141. ...... on the date of opening of L/C was TK.150.00 per ream of 500 sheets in sheet size of the above description of cigarette paper as per S.R.O. No.144 dated 16.6.88. The tariff rate in respect of the aforementioned cigarette paper was increased to Tk. 200.00 per ream by S. R. O. No. 193 dated 15.6.8......t could be decided in a proper case. For the above reasons all these appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 141. ..Category: Fiscal/Taxation Law | Date: | Hits: 199
Secretary, Ministry of Environment & Forest, Bangladesh Vs. Shaha Md. Nurul Islam, 2002, 31 CLC (AD)
.... Court Appellate Division (Civil) Present: Mahmudul Amin Choudhury J Md. Ruhul Amin J KM Hasan J The Secretary, Ministry of Environment and Forest, Bangladesh Secretariat, Dhaka and another........................Appellants Vs. Shaha...... High Court Division in the aforesaid writ petition is hereby set aside and the writ petition is dismissed as not maintainable. Ed. This Case is also Reported in: 1 ADC (2004) 139. ......act as Sub-Divisional Forest Officer. A gradation list was prepared and his position was numbered as 107 but he claimed that his position would be above 103 officers. Ultimately a list was prepared for promoting 12 officers in which the name of the petitioner did not find place. He made sev...... High Court Division in the aforesaid writ petition is hereby set aside and the writ petition is dismissed as not maintainable. Ed. This Case is also Reported in: 1 ADC (2004) 139. ..Category: Administrative Law | Date: | Hits: 95
Shamsu Miah and othÂers Vs. Government of Bangladesh, 2002, 31 CLC (AD)
.... Md. Fazlul Haque J Shamsu Miah and others represented by the Constituted Attorney Mohammed Hafizur Rahman and (11) others............Appellants Vs. The Government of Bangladesh, Represented by Secretary, Ministry of Housing and Public Works..................... ........ of those and the Annexure (f), copy of which was not made available to the writ petitioners. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 109. ......been allotted. It was also the case of the respondents No.1 that signatures appearing in the papers relating to the allotment were denied by the concerned officials upon affirming affidavit before the Notary Public. 5. At the time of hearing of the writ petitions it was submitte...... of those and the Annexure (f), copy of which was not made available to the writ petitioners. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 109. ..Category: Property Law | Date: | Hits: 27
Gazi Gaiasuddin Vs. Bangladesh Power Development Board and other, 2002, 31 CLC (AD)
....ision (Civil) Present: Mahmudul Amin Choudhury CJ Md. Ruhul Amin J Abu Sayeed Ahammed J Gazi Gaiasuddin......................Appellant Vs. Bangladesh Power Development Board and other...................Respondents Judgment ...... under the signature of the respondent No.3 is declared to have been passed without lawful authority. There is no order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 103. ......asking him to explain why disciplinary action under the Bangladesh Power Development Board (Employees) Service Rule, 1982, hereinafter referred in brief as the rules, would not be taken against him for negligence of duties and misconduct due to his failure to attain the target with reared to rec...... under the signature of the respondent No.3 is declared to have been passed without lawful authority. There is no order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 103. ..Category: Employment/Service Law | Date: | Hits: 69
Dhaka University Vs. Gias Kamal Chowdhury and others, 2001, 30 CLC (AD)
....rt, Khulna & Election Tribunal and others, 34 DLR (AD) 146; Assessing Officer, Narayanganj Range & others Vs. Burma Eastern Limited, 1981 BLD (AD) 450; M. A. Hai Vs. Trading Corporation of Bangladesh, 40 DLR (AD) 2006. Lawyers Involved: Shafique Ahmed, Senior Advocate (Am......al and the same is accordingly dismissed without cost. Connected Civil petition for leave to Appeal No. 9 of 2001 is also dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 71. ...... the Petitioners (In Civil Petition No. 9 of 2001). Not represented-Respondents. (In Civil Petition No. 9 of 2001). Civil Appeal No. 54 of 2001. With Civil Petition for Leave to Appeal No.9 of 2001. (From the judgment and order dated 12.7.2000 passed by the......al and the same is accordingly dismissed without cost. Connected Civil petition for leave to Appeal No. 9 of 2001 is also dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 71. ..Category: Civil Law | Date: | Hits: 98
Arun Karmakar Vs. State, 2002, 31 CLC (AD)
....¦....Respondents Judgment February 3, 2002. Result: The appeal is allowed. Cases Referred to- Wahed Ali Dewan Vs. The State and others, 46 DLR (AD) 10; Sree Mangla Chandra Nandi Vs. Bangladesh, 17 BLD (AD) 33, Jharna Rani Saha Vs. Khondker Zayedul Haque, 52 DLR (AD) 66; Krishna Pad......n the result, this appeal is allowed setting aside the impugned judgment and order of the High Court Division. Ed. This Case is also Reported in: I ADC (2004) 63; 8 MLR (AD) 162; 7 BLC (AD) 61. ......nd order dated 12th December, 2000 passed by the High Court Division in Criminal Miscellaneous Case No. 6858 of 2000). Judgment Mohammad Fazlul Karim J.- This appeal by at the instance of the informant appellant was to consider the submissions as to (i) whether the Court Division is competent ......n the result, this appeal is allowed setting aside the impugned judgment and order of the High Court Division. Ed. This Case is also Reported in: I ADC (2004) 63; 8 MLR (AD) 162; 7 BLC (AD) 61. ..Category: Criminal Law | Date: | Hits: 34
Golam Ambia Vs. Deputy Commissioner, Mymensingh and others, 2003, 32 CLC (AD)
....e judgment and order dated 8.5.2000 passed by the High Court Division in writ petition No. 4559 of 1999 discharging the rule. 2. The facts, in short, are that the appellant a citizen of Bangladesh is a leading businessman of Mymensingh. For his safety, security and protection he obta......tridges which were seized by the impugned list to the petitioner immediately. Ed. This Case is also Reported in: 1 ADC (2004) 13. ......4;মত/লাঃ/1(1)/13/99-397(66) dated 18.10.1999. 3. Subsequently, the appellant submitted repeated representations to the respondent No.1 the Deputy Commissioner, for return of his fire arms, live bullets along with valid licenses but without any result. Th......tridges which were seized by the impugned list to the petitioner immediately. Ed. This Case is also Reported in: 1 ADC (2004) 13. ..Category: Criminal Law | Date: | Hits: 40
Shahabuddin Chisti Vs. Rajdhani Unnayan Katripakhya and another, 2008, 37 CLC (AD)
....efendant No.1 contested the suit filing written-statement contending, inter alia, that the suit plot was acquired in L.A. Case Nos. 55 of 58-59 and 10 of 63-64 and is part of Gulshan Lake and that Bangladesh Environment Ainjibi Samity filed Writ Petition No.2482 of 1998 wherein an ad-interim ord......ned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009), 73; VI ADC (2009) 271. ......nt District Judge, 1st Court, Dhaka in Title Suit No. 99 of 1999 decreeing the same. 2. The facts of the case, in short, are that the plaintiff appellant instituted Title Suit No.99 of 1999 for declaration that the suit property is his personal property and that the suit property is not ......ned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009), 73; VI ADC (2009) 271. ..Category: Property Law | Date: | Hits: 40