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Shahabuddin Vs. State, 2006, 35 CLC (AD)

.... the petitioner filed under Section 561A of the Code of Criminal Procedure. 2. The facts, in short are that on 19.03.1998 while Md. Farook Hossain (P.W.2) was passing in front of  Feni Government College he heard hue and cry in the college filed and went there and found the accused p...... commit any illegality in rejecting the application filed under Section 561A of the code of Criminal procedure. There is no substance in this petition and hence it is dis­missed. Ed. ..

Category: Criminal Law | Date: | Hits: 45

Satish Chandra Mondal Vs. Ayjuddin Gazi, 2006, 35 CLC (AD)

....een in possession of the suit land since then in his own right exclusively and adversely and got his name mutated in the records of the Revenue Department and has been paying rent regularly to the Government Acquired Estate and the origi­nal kabala was stolen from his house. 4. The tri......r­cumstances was well justified to interfere with the same in revisional jurisdiction. For the reasons and discussions above the appeal is allowed without any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 35

Government of the Peoples Republic of Bangladesh Vs. Sree Subas Chandra Sarker , 2006, 35 CLC (AD)

....owed. There is no order of costs. Ed. ......of Zamindar Birendra Kishore Roy Chowdhury who owned Gouripur Zamindari Estate, Roy Chowdhury who owned Gouripur Zamindari Estate, that said Birendra Kishore Roy Chowdhury being satisfied with the service of the plaintiff's father Suresh Chandra Sarkar gifted to him the property in suit on May 3..

Category: Property Law | Date: | Hits: 43

Chair, Board of Int. & Sec. Education, Jessore & ors Vs. Golam Quddus & anr, 2006, 35 CLC (AD)

....f the power of compulsory retirement under sec­tion 9 of the Public Servants (retirement) Act and in view of the fact that such an order of compulsory retirement could only be passed by the Government and not by the Board, and there being nothing in the impugned order to the effect that ......;tion upon the writ respondents to comply with the provision of Section 35 of the Board of Intermediate and Secondary Education Ordinance, 1961 in respect of the term of their retirement from the service. The Writ Petitions arising out of common fact and law, High Court Division disposed of the..

Category: Property Law | Date: | Hits: 32

Government of the People's Republic of Bangladesh Vs. Md. Wazed Ali and others, 2006, 35 CLC (AD)

.... is dismissed. There is no order as to costs. Ed. ......er allu­vion. In the light of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 27

Md. Sirajuddin Mondal and other Vs. Mosammat Miration Nessa and oth­ers, 2006, 35 CLC (AD)

....aben Nessa and Lokman son of Giasauddin transferred the land in suit to the plaintiff by the kabala dated January 19, 1970 and since then plaintiff is possessing the land on payment of rent to the Government that there is passage over the suit plot No. 837 and the said path has divided the land ......n established by the plaintiff that Jairuddin did not surren­der his tenancy, we find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2, 000/- Ed. ..

Category: Property Law | Date: | Hits: 35

Chairman, Bangladesh Telephone and Telegraph Board Vs. Mohammad Toufique & ors, 2006, 35 CLC (AD)

....ghbazar and other areas were illegally occupied by trespassers and the respondent No. 5, General manager, Dhaka Telecommunication Region took decision for their eviction under the provision of the Government Lands and Buildings (Recovery of Possession) Ordinance (Ordinance No. LIV of 1965), in s......paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. The order of status quo passed on 07.08.2005 vacated. Ed. ..

Category: Others | Date: | Hits: 97

Government of Bangladesh Vs. Israt Jahan Kazal, 2006, 35 CLC (AD)

.... any order as to costs. Ed. ......ur above discussions, we are of the view that the judgment of the High Court Division requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 34

Commissioner of Customs and anr Vs. Bangladesh Traders, Dhaka, 2006, 35 CLC (AD)

.... and the invoice value of the above Hard Boards and MDF Boards are respectively US$ 2.10. 2.05 and 2.00 per sheet and by SRO No. 75 issued on 15.05.99 issued under section 25(7) of the Customs Act, Government fixed tariff value on Hard Board size 8'x4'x3'min, which comes under the Heading No. 441......n made without any lawful authority and of no legal effect and further directing the writ respondents to return the bank guarantees furnished by the writ petitioners are hereby set aside. Ed. ..

Category: Fiscal/Taxation Law | Date: | Hits: 95

Bangladesh Krishi Bank Vs. A.F.M. Farid Uddin and others, 2006, 35 CLC (AD)

....nk.  By Ordinance XLIII of 1983 for Article 7 of P.O. 27 of 1973 following was substituted namely: 7. (1) The Board shall consist of the following Directors to be appointed by the Government namely: (a) Chairman; (b) The Managing Director; (c) seven ...... to the post of deputy General Manager in the appellant-Bank which was established under the Bangladesh Krishi Bank Order 1973 (President's Order No. XXVII of 1973). The respondent entered into the service of the then Pakistan Agricultural Development Bank in 1959 as a Class II Officer. Following..

Category: Administrative Law | Date: | Hits: 90

Ali Asgar Khan Vs. Md. Anwarul Islam, 2006, 35 CLC (AD)

....ourt fixed the suit for hearing on maintainability. Upon hearing only the learned Advocate for the plaintiffs the trial court by an order dated 03.08.1996 held that the plaintiff-respondents being Government employees their relief against the order of dismissal lies in the Administrative Tribuna......) of 1996 allowing the appeal with cost. 2. Short facts are that the plaintiff-respondents who were employees of the Supreme Court of Bangladesh (High Court Division) were dismissed from the services by order dated 25.07.1996 on charge of gross misconduct. During the pendency of their appe..

Category: Employment/Service Law | Date: | Hits: 76

Government of Bangladesh Vs. Kamrul Hasan, 2006, 35 CLC (AD)

....k.30.000/- (twenty thousand). Ed. ......ered the material point at issue in its correct perspective and therefore arrived at a wrong decision. 10. Leave was granted to consider the submissions that in the interest of continuity in service of the respondent himself the Government did not refer the materials in the file to wash hi..

Category: Administrative Law | Date: | Hits: 123

Government of Bangladesh Vs. A. S. M. Firoj Uddin Bhuiyan, 2006, 35 CLC (AD)

....osts. Ed. ...... 16. In view of the above we do not find any substance in the submission of the learned Counsel for the appellants. The appeal is dismissed without any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 41

Rasheda Begum Vs. M.M. Nurussafa and others, 2006, 35 CLC (AD)

....e Other Class Suit No. 41 of 2000 and shall also not be a subject matter for adjudication in the Other Class Suit No. 41 of 2000. 15. In the result the appeal is allowed with costs. Ed. ...... of Other Class Suit No. 37 of 1987 filed Miscellaneous Case No. 5 of 1996  under Order 9, Rule 13  of the Code of Civil Procedure seeking setting aside of the decree on the groundof non-service  of summons upon him. 3. The Miscellaneous Case was opposed by the appellant a..

Category: Civil Law | Date: | Hits: 122

Pubali Bank Limited Vs. Bangladesh, 2006, 35 CLC (AD)

....llip;……………………………………………………..Appellant Versus Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Commer......ourt as not abandoned property. 21. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs. Ed. ..

Category: Property Law | Date: | Hits: 38

Government of Bangladesh Vs. Hasrat Mohani and others, 2006, 35 CLC (AD)

....ssed. Ed. This Case is also Reported in: ......gh Court Division are set aside. The judgment and decree passed by (he Additional District Judge, Rangpur is restored. Consequently the suit stands dismissed. Ed. This Case is also Reported in: ..

Category: Limitation Law | Date: | Hits: 156

Robert Pinaru Vs. Moulana Habibur Rahman and others, 2006, 35 CLC (AD)

.... settled 41 decimals of land (including the land in suit) to one Taiyab Ali on 10th Baisakh, 1357 B. S. and in his name S. A. record was prepared and he possessed the land on payment of rent to the Government. Plaintiff by the kabala dated August 6, 1963 purchased from Taiyab Ali 41 decimals of ......he appellate Court affirming the judgment and decree of the trial Court is restored. There is no order as to costs. Ed. This Case is also Reported in: I ADC (2004) 421. ..

Category: Property Law | Date: | Hits: 48

State Vs. Khandker Zillul Bari and other, 2006, 35 CLC (AD)

....nbsp;            Amirul Kabir Chowdhury J.- Criminal Appeal No. 12 of 1998 has been preferred by the State represented by the Solicitor to the Government of People’s Republic of Bangladesh against the judgment and order passed by the H......gainst them. In default, the District Magistrate concerned shall take step for effecting their arrest to undergo the sentences. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 77. ..

Category: Criminal Law | Date: | Hits: 129

Hotel Agrabad Ltd. CTG Vs. Chairman, First Labour Court, Khatungonj, CTG & ors, 2008, 37 CLC (AD)

.... below for proper appreciation of the contentions raised on behalf of both the parties. "5. Penalty. - (1) Where any company fails to comply with the provisions of section 3, the Government may, by order in writing, require it to comply with those provisions within such time a......ce the impugned Judgment passed in the aforesaid two writ petitions deserves no interference by this court. Both the appeals are accordingly dismissed without any order as to costs. Ed. ..

Category: Labour and Industrial Law | Date: | Hits: 95

Government of the People's Republic of Bangladesh Vs. Md. Fariduddin Talukder, 2008, 37 CLC (AD)

....n:  61 DLR (AD) (2009) 111. ......ground to interfere with the judgment of the High Court Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in:  61 DLR (AD) (2009) 111. ..

Category: Civil Law | Date: | Hits: 104