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Abdul Mohit and others Vs. Social Investment Bank Ltd & ors., 2008, 37 CLC (AD)

.... hereinafter called "the Bank" was incorporated under the Companies Act with 4 types of directors namely, Group-A Bangladesh sponsor directors, group-B foreign sponsor directors, Group-C Government nominated directors and Group-D member of general public. The Bank had four foreign spon......terference with the impugned order. These appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in:  61 DLR (AD) (2009) 82. ..

Category: Business or Commercial Law | Date: | Hits: 147

Md. Nurul Islam Bhuiyan and another Vs. Bangladesh, 2008, 37 CLC (AD)

....ir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J. Md. Nurul Islam Bhuiyan and another..... ...........Petitioners vs The Government of Bangladesh represented by the Deputy Commissioner, Netrokona and others.................... of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. 11. In the aforesaid premises, we find no substance in this review petition. Accordingly, it is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 46

Joynab Begum and others Vs. Shaheb Ali Akunji & others , 2007, 36 CLC (AD)

....ance of contract, are that the bainapatra is genuine, consideration money passed bet­ween the parties and delivery of possession was given in pursuance thereof. In the case of Hafizur Rahman vs Government of Bangladesh and others, 47 DLR 583 it has been held that when in pursuance of a baina...... Court Division being not sustainable is liable to be set aside. Accordingly the appeal is allowed with cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 14. ..

Category: Property Law | Date: | Hits: 41

Noor-e-Alam Jahangir (Md), English Teacher, Rifles Pub School & College Vs. BD, 2008, 37 CLC (AD)

....ul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Noor-e-Alam Jahangir (Md), English Teacher, Rifles Public School and College……. Petitioner Vs. Government of Bangla­desh, represented by the Secretary, Ministry of Education and others.... ...... 2. The petitioner filed the above writ petition challenging the letters dated 20-9-1998 and 27-9-1998, Annexures-F and F-1 to the writ petition by which the petitioner was removed from his service and also the letter dated 12-8-1998 stating, inter alia, that he, on 1-4-1995, was appointe..

Category: Employment/Service Law | Date: | Hits: 68

Rabeya Khatoon Vs. Bangladesh, 2008, 37 CLC (AD)

.... January 24, 2007. The Constitution of the People’s Republic of Bangladesh, 1972, Article 42 The East Pakistan Ordinance, 1970 (XXIV of 1970), Section 5 When the Government in exercise of power under section 5 of the Ordinance XXIV of 1970 issued notice for evi......mity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 9. ..

Category: Property Law | Date: | Hits: 37

Bangladesh and others Vs. Nawab Abdul Malik Jute Mills Ltd., 2007, 36 CLC (AD)

....rict- Narayanganj stating, inter alia, that the aforesaid land along with other lands originally belonged to writ petitioner and those were acquired in LA Case No. 32 of 1968 and 55 of 1968-69 by the Government for public pur­pose namely, construction of Kanchpur bridge. The construction of bridge ...... error of law in making the Rule absolute and the same requires interference by us. Accordingly, the appeal is allowed with Costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 7. ..

Category: Property Law | Date: | Hits: 46

Asaduzzaman (Md) Vs. Bangladesh, 1990, 19 CLC (AD)

.... amendment of P.O. No. 26 of 1973, validly passed by the legislature…………………………(42) Cases Referred to: State of Madras Vs. V.G. Row, AIR 1952(SC) 196; Abul-A'la Maudoodi Vs. Government of West Pakistan, PLD 1964 (SC) 673; Damyanti V. Union of India AIR 1971 (SC) 966; Bidhu ......the day of the Battle of Soferino that resulted in nearly forty thou­sand casualties. Jean-Henri Dunant, a Swiss humani­tarian, was an eye-witness of the human suffering. He organised emergency aid services for the Austrian and the French wounded in that battle. In his book Un Souvenir de Soferino..

Category: Constitutional Law | Date: | Hits: 170

Rafiqul Alam (Md) Vs. Mustafa Kamal and others, 1990, 19 CLC (AD)

......Appellant Vs. Mustafa Kamal and others……………………………………...............Respondents Judgment February 8, 1990. Result: The appeal is allowed. The Local Government (Union Parishad) Ordinance, 1983 (LI of 1983), section 26 Section 26 of the UP Ordinan...... were decreed still the respondent would be disqualified under another provision of the disqualification clause in section 7(11)(e) of the UP Ordinance in that in the case of his reinstatement in his service he will incur the disqualification as to holding of an "office of profit" under a statutory ..

Category: Election Law | Date: | Hits: 173

Dr. Syed Matiur Rob Vs. Bangladesh and Others, 1989, 18 CLC (AD)

....stan in 1971 and died there in 1978. He applied to the Sub-Divisional Officer, Dhaka on 29.4.1972 for release of the properties, but, in spite of the recommendation of the Sub-Divisional Officer, the Government did not release the properties Several inquiries were made by various agencies of the Gov......ing the pendency of these appeals. His heirs are substituted. The appellant's father, late Syed Mojibur Rob, a migrant to this country, served as a Deputy Inspector-General of Police and retired from service in 1958. He acquired, amongst other properties, three houses being holding No. 5 Bakshibazar..

Category: Property Law | Date: | Hits: 32

Sonar Bangla Service Station Vs. Government of the People's Republic of BD, 2006, 35 CLC (AD)

....s also Reported in: ......doning the delay. 12. In the background of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: ..

Category: Limitation Law | Date: | Hits: 205

Md. Sadequr Rahman Vs. Munawar Jute Mills Ltd. and others, 2006, 35 CLC (AD)

....d legal basis and as such not sus­tainable in law. The direction for refund is not legally sustainable. 14.  The appeal is thus allowed without any order as to cost. Ed. ......­tion raised by the Audit Department they asked the petitioner to pay back Tk.90.300.50/- said to have been overpaid to him. The High Court Division held that the petitioner was a person in the service of the Republic and that consequently his rem­edy lay before the Administrative Tribun..

Category: Employment/Service Law | Date: | Hits: 84

Md. Nurul Amin Vs. State, 2006, 35 CLC (AD)

....r. Md. Nawab Ali, learned Advocate-on-Record submits, inter alia, that the High Court Division committed error in passing the impugned judgment failing to consider that sanction of the appropriate Government is a pre-requisite for prosecution of the public servant like accused petitioner and tha......has been mentioned above, we do not find that the High Court Division committed any error in the deci­sion. This petition, therefore, being bereft of substance stands dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 39

Chair, Board of Int. and Secondary Education, Jessore and others Vs. Nazir Ahmed, 2006, 35 CLC (AD)

....n cannot be taken up for consideration during the period of suspension and continuation of criminal proceeding unless such proceedings end with acquittal.   Cases Referred to- Government of India and another vs. C. A. Balakrishnan and oth­ers, AIR 1975 (SC) 1498; Ram Se......ght in favour of an employee to consider his case of promotion along with the case of others who are posted in the similar situation. Promotion is to be earned by rendering meritorious   service   and   other   than   seniority promotion is also ..

Category: Employment/Service Law | Date: | Hits: 54

Bangladesh Bank & others Vs. Messers Fabrica Nacional De Monedy Timbre & others, 1998, 27 CLC (AD)

....95. 15. Although it is not directly relevant for this appeal but it may be noticed that during the vacation of Civil Courts in the months of December vacation benches are constituted by the Government in consulta­tion with the Supreme Court for the purpose of disposal of urgent crimin......ive body of lawyers may consid­er the matter and move the Government if found necessary. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. ..

Category: Civil Law | Date: | Hits: 119

Md. Jahangir Alam (Selim) Vs. Md. Hebjul Bari and others, 2006, 35 CLC (AD)

....king the Rule absolute declaring acceptance of the nomination paper of the appellant as not legal and with­out lawful authority being violative of the provision of Section 7(2)(f) of the Local Government (Union Parishad) Ordinance No. 1983. 2. The facts, relevant for the proper dis­...................................; (c)..............................; (d)...............................; (e) he holds any full time office of prof­it in the service of the Republic or of the Union Parishad or of any other local author­ity; or ..

Category: Election Law | Date: | Hits: 108

Chief Engin, Dredger Direct, BD Water Dev. Board. Vs. Chairman, 2nd Lbour Court, 2006, 35 CLC (AD)

....er Division, Bangladesh water Development Board, he was later on promoted to the post of tug Master in the pay scale of Tk. 220-420 he was thereafter given national pay scale of Tk. 325-610 as per Government circular dated 1-1-1981. It was further stated that Single Master plying B-Type vessel i......shifts was entitled to get the scale of Tk. 470-1135. Since the respondent no. 2 was plying B-Type vessel in 3 (three) shifts he was entitled to get the above scale of pay that after examining his service record the Deputy Director (Accounts) Dredger direc­torate Bangladesh water Development..

Category: Employment/Service Law | Date: | Hits: 55

Md. Abdul Jalil Vs. Mosammat Shefali Begum and oth­ers, 2006, 35 CLC (AD)

....Deputy Commissioner (Revenue), Pabna on 8.2.1977 alleging that the property measur­ing 0.70 decimals of land out of 1.62 acres of S.A Khatian No. 1419. Plot Nos. 285 and 291 were acquired by the Government under L.A Case No. 21/52-53 for rehabili­tation of 30 refugee families and ever sin...... employee in the Relief and Rehabilitation Section-of the office of the Deputy Commissioner and filed the suit after retirement by creating forged papers using the names of the plaintiffs. While in service he deposed in a suit on behalf of defendant No.1 (Government) admitting that the written s..

Category: Property Law | Date: | Hits: 39

Sree Sukhendu Nath Saha and others Vs. Hamangini Saha, 2006, 35 CLC (AD)

.... unregis­tered deed of gift dated 25m Sraban, 1342 B.S. That defendant No. 1 upon accepting the gift has been possessing the land in suit through bargadars, that defendant No.1 paid rent to the Government and obtained dakhilas that during S. A. operation her name was correctly recorded, that ......fs in the land in suit. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed with­out any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 23

Shamsul Huq Sarker Vs. Enamul Huq Sarker and ors., 2006, 35 CLC (AD)

....challenging enrolment of the property of Taltali Jame Mosque Waqf Estate and appointment of its Motually unsuccessfully filed Miscellaneous E. C. Case No.9 of 1984 before the Administrator of Waqf Government of Bangladesh whereupon he preferred Title Appeal No. 3 of 1988 before the learned Distr......on decided the case correctly and no interference is called for. In the premises we do not find any sub­stance in this appeal. The appeal is, therefore, dismissed. Ed. ..

Category: Procedural Law | Date: | Hits: 70

Trading Corporation of Bangladesh Vs. Md.Abdul Halim Bhuiyan & others (31), 2006, 35 CLC (AD)

....ere appointed in various posts of the Trading Corporation of Bangladesh (Shortly the T.C.B). By order under Memo No. BAM/OBA-3/ PROSHA-2(JOOPU)/02/380 dated 18.09.2002 of the Ministry of Commerce, Government of Bangladesh issued under the signature of the writ respondent No.4 and communicated to......es were opposed by TCB-the petitioner and two other respondents by fil­ing affidavits-in-opposition  stating,  inter alia, that 306 employees of the TCB have been released from their services on the ground that their services were no longer required for the organization and that th..

Category: Labour and Industrial Law | Date: | Hits: 80