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Kazi Muhammad Khokon Vs. Bangladesh, 2006, 35 CLC (AD)
....ellip;………………………….Petitioner Vs Deputy Secretary (Registration) Ministry of Law, Justice and Parliamentary Affairs, Government of the People's Republic of Bangladesh, Secretariat, Dhaka and others ........Respondent...... for review has been filed upon discovery of new fact. In that state of the matter we do not find any merit in this petition. Accordingly review petition is dismissed. Ed. ..Category: Civil Law | Date: | Hits: 106
Mokbul Hossain (Md) Vs. Government of Bangladesh and others, 2006, 35 CLC (AD)
....ivil) Present Syed JR Mudassir Husain CJ Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Mokbul Hossain (Md) ...............Appellant Vs. Government of Bangladesh and others..................Respondents Judgment August......y a fine of Taka 75,000 by judgment and order dated 20-8-1982. On his prayer, unexpired portion of the sentence of rigorous imprisonment was remitted on 26-4-1984. Thereafter, he was reinstated in service by the authority and the period of his absence was treated as extraordinary leave without p..Category: Administrative Law | Date: | Hits: 132
Commissioner of Customs and others Vs. Mohammad Ali, 2007, 36 CLC (AD)
....itional Attorney-General, appearing for the appellant that the High Court Division erred in law in making the Rule absolute thereby failing to consider that when Tariff Value has been fixed by the Government by Gazette Notification dated 19-5-1999 in exercise of power under section 25(7) of the ......s illegal and without any legal basis. 7. Accordingly, we do not find any substance in the appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 99
Khan Md. Firoj Kabir Vs. Rupali Bank Ltd. and others, 2006, 35 CLC (AD)
....nbsp; Accordingly, the appeal is dismissed without any order as to cost. Ed. ......uit seeking declaration that the order dated 26-1-1997 placing him under suspension is void and illegal and the notice dated 2-9-97 asking him to show cause as to why he shall not be dismissed from service is also void and illegal contending, inter alia, that he joined Rupali Bank, the defendant..Category: Employment/Service Law | Date: | Hits: 120
Arif A. Shekha and others Vs. Secretary, Ministry of Industries and another, 2007, 36 CLC (AD)
....ndustries and another..................................Respondents Judgment June 4, 2007. Result: The appeals are dismissed. Cases Referred to- Messrs Helal Jute Press Limited Vs. Government of Bangladesh, 27 DLR 551; Government of Bangladesh Vs. Mirza Shahab Ispahani, 40 DLR (AD......do not find any reason to interfere with the impugned judgment and hence the three appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 91. ..Category: Business or Commercial Law | Date: | Hits: 114
Shahid Hossain Khan (Md) Vs. Abdul Bashed Lashkar and others, 2006, 35 CLC (AD)
.... decree of permanent injunction. 15. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ......verment in the plaint that the suit has been filed in the representative capacity, that running a school for the purpose of imparting education to the girls is not a proprietary right, rather is a service rendered for social welfare and the said kind of service is not a right to property, that t..Category: Civil Law | Date: | Hits: 216
Bangladesh Vs. Md. Abdur Razzak and others, 2007, 36 CLC (AD)
....on 22-2-1977 and obtained Selection Grade on 31-11-1987 and was serving as such and that the Deputy Commissioner, Dhaka started departmental proceeding against him under Rules 3(a) and 3(b) of the Government Servants (Discipline and Appeal) Rules 1985 on the allegation of misconduct and corrupti...... different documents and further he received bribe in the name of different officers for supplying certified copies of documents. It was further alleged that he tampered with his designation in the service book and that the proceeding was thus started against him and he was asked to show cause a..Category: Administrative Law | Date: | Hits: 117
Jashimuddin Kanchan (Md) Vs. Md. Ali Ashraf, 1990, 19 CLC (AD)
....sion as a Dar-rayati tenant under Mohesh Chandra Saha paying rent to him regularly till April 1956 when on whole-sale acquisition of all rent-receiving interests he became a tenant directly under the Government; on his death his sons, Narayan and Tetna Rabi Das, inherited and possessed the land and ......ts and decrees of the High Court Division are set aside and those of the lower appellate Court are restored. No order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 289 ..Category: Property Law | Date: | Hits: 38
Upendra Chandra Rishi and ors. Vs. Sufia Begum and ors., 1990, 19 CLC (AD)
.....12.80 passed in Title Suit No. 789 of 1980 is set aside and the said suit is restored to its file and number. Ed. This case is also reported in: 42 DLR (AD) (1990) 285; 1990 BLD (AD) 194. ...... February 25, 1990. Result: The appeal is allowed with costs. The Code of Civil Procedure, 1908 (V of 1908), Order V rule 17 The Civil Rules & Orders Vol. I rr. 69 & 84 (e) The service report not containing essential information about the grounds of refusal to accept the proce..Category: Procedural Law | Date: | Hits: 116
Managing Director, WASA Vs. Md. Ali and others, 2005, 34 CLC (AD)
....m Shetty Vs. International Airport Authority of India, AIR 1979 SC 1628; SMS Samity Ltd. Vs. Bangladesh and others, 39 DLR (AD) 85; Anjumane Ahmadiya, Sargodha Vs. Deputy Commissioner, Sargodha and Government of West Pakistan,18 DLR (SC) 517; Managing Director Dhaka WASA Vs. Superior Builders and ......ent and order of the High Court Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (AD) (2007) 185. ..Category: Others | Date: | Hits: 100
Rabia Bhuiyan, MP Vs. Ministry of LGRD & others, 2005, 34 CLC (AD)
.... Md. Tafazzul Islam J Rabia Bhuiyan, MP…………………………………..Appellant. Vs. Ministry of Local Government and Rural Development & others... ..................Respondents Judgment A......s the precise application of which will depend on the conditions prevailing in a particular State party: (a) Availability: Functioning public health and healthcare facilities, goods and services as well as programmes have to be available in sufficient quantity within the State p..Category: Environmental Law | Date: | Hits: 255
Rowshan Ara Begum Vs. Secretary, Ministry of Works and Urban Development, BD, 2006, 35 CLC (AD)
.... Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Rowshan Ara Begum…………………………..Petitioner Vs Secretary, Ministry of Works and Urban Development, Government of Bangladesh and others......Respondents Judgment: December 12, 2006. Case Ref......tant fact that the property was listed without serving notice on the claimant of the property. In our judgment we addressed the aforesaid contention of the petitioner and we observed "The question of service or non-service of notice is a question of fact and determination thereof is required upon co..Category: Property Law | Date: | Hits: 37
Muinuddin Zulfiquer (Md) Vs. Government of the Republic of Bangladesh, 2006, 35 CLC (AD)
.... (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Muinuddin Zulfiquer (Md) .................................Petitioner Vs Government of the Republic of Bangladesh.......Respondents Judgment November 29, 2006......re is no such situation. It may be mentioned in the instant case amendment in the schedule of the Rules of 1980 was made in 1986 and the writ-petitioner having had the notice thereof joined in his service in 1995. So the aforesaid contention in the background of the facts of the instant case is ..Category: Employment/Service Law | Date: | Hits: 76
Ambia Khatun and anr Vs. Syed Altaf Hossain and another, 1978, 7 CLC (AD)
....3 which provides for letting out of premises on monthly basis. 9. The main object of the State Acquisition Act 1950 was to eloiminate all kinds of rent receiving interests and make the Government the sole landlord and create only one class of tenants, who would be styled as “m......ludes a raiyat, and under-raiyat or a non-agricultural tenant whose land has been let out and also the immediate landlord of a person who holds any land free of rent in consideration of some service to be rendered, but does not include a person in respect of such of his lands as has bee..Category: Property Law | Date: | Hits: 34
Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
....e Chowdhury @ Kala Mia and (5) Akhtarul Haque Chowdhury be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 253. ......over to their side and that is why Nuru's help was necessary. If there was any such good intention, I think, the domestic servant was not the appropriate person to give the help. Further, if Nuru's services were needed only for winning over Zafar, the mission on that day would have been confined t..Category: Criminal Law | Date: | Hits: 74
Niamat Ali Sheikh and others Vs. Begum Enayetur Noor and others, 1990, 19 CLC (AD)
....nt is misconceived. The above-cited case was decided on the footing that the case which was stopped was a pending case when Ordinance No. XXXVII of 1983 came into effect on 8.8.83 and, therefore, the Government rightly moved the Sessions Judge on 9.11.83 for revival of the stopped case. The accuse......me. We, therefore, find no ground for interference with the judgment and order of the High Court Division. The appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 250 ..Category: Criminal Law | Date: | Hits: 46
Shaikh Abdul Quader Vs. Chairman, Bangladesh Agricultural Development Corporation, 1978, 7 CLC (AD)
.... petition to decide whether the said view of the learned Judges of the High Court was correct. We do not find anything to interfere with the order. The petition is dismissed.. Ed. ......the High Court, discharging a rule obtained by the petitioner on application under Article 102(2) of the Constitution, challenging an order made by respondent No. 2, suspending the petitioner from service under Regulation 21 of the Service Regulations of Bangladesh Agricultural Development Corpo..Category: Employment/Service Law | Date: | Hits: 79
Bangladesh Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)
.... interference by this Division. Accordingly, the petition is dismissed. Ed. ......igh Court Division made the Rule absolute on the finding that from the defendant's side it was not established that Abdul Barek Bepari obtained the decree for specific performance of contract without service of summons on the defendants thereof, that the judgment of the appellate Court suffers fro..Category: Tenancy Law | Date: | Hits: 156
AA Raziul Karim Chowdhury Vs. Nasim Bin Rahman & ors., 2007, 36 CLC (AD)
....operty in question was not listed as abandoned property It is pertinent to mention that the agreement for sale being of April 21, 1968 it was held by this Division that the same was binding on the Government in the same way as upon the original owner but the same may be cancelled, amended or ter......iled the suit to get back the possession. In the light of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ..Category: Property Law | Date: | Hits: 94
Bazlur Rahman Sarker Vs. Kamala Kanta Barman, 2007, 36 CLC (AD)
....ancelling the mutation went beyond the limit of his power and the order so passed by the defendant No.1 was without jurisdiction. The appellate Court further observed "I am of the view that if Government thinks that the lands in question belong to or the same are in actual occupation of Hind......n the instant case. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with costs at all stages. Ed. ..Category: Property Law | Date: | Hits: 35