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Azizur Rahman alias Md. Azizur Rahman Vs. Bangladesh, 1997, 26 CLC (AD)

....ivil) Present: ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Azizur Rahman alias Md. Azizur Rahman……….………… Appellant Vs. Government of Bangladesh represented by the Secretary, Ministry of Housing and Public Works and othe......beginning of this judgment to be in the positive, namely, that there is jurisdiction to interfere, the appeals arc dismissed. No costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 8. ..

Category: Procedural Law | Date: | Hits: 138

Bangladesh Shilpakala Academy Vs. Shahidul Islam and another, 1997, 26 CLC (AD)

....(Act No. XXII of 1989) which is in force. On 18-5-79 the respondent tendered his resignation in protest against certain misdeed of the then Director General. Subsequently, however, it was held by the Government that the acceptance of resignation by the Director General was not according to law and, ......as liable to be declared as such. This appeal must, therefore, fail. It is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 1. ..

Category: Employment/Service Law | Date: | Hits: 145

Nazem Uddin Vs. Election Tribunal & Others, 2001, 30 CLC (AD)

..............................Respondents  Judgment July 9, 2000. The Union Parishad (Election) Rules, 1983, Rule 45   The Local Government (Union Parishad) Ordinance, 1983 (LI of 1983), Sections 26 and 29   (...... the same.  In the result the appeal is dismissed without any order as to costs.  Ed. This Case is also Reported in: 53 DLR (AD) (2001) 17  ..

Category: Election Law | Date: | Hits: 109

Shah Sufi Taj Islam Vs. Begum Rokeya Chowdhury and another, 2000, 29 CLC (AD)

....and and for that she wanted to take loan from the House Building Finance Corporation and that defendant No. 1 assured her of getting loan easily and quickly and that defendant No. 2, Secretary of the Government of Bangladesh, was a co-disciple of the plaintiff and was attached to defendant No. 1. De......missions made by Mr. Mahbubey Alam, the learned Advocate for the petitioner, do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 7. ..

Category: Civil Law | Date: | Hits: 162

Mahmudul Islam alias Ratan vs. State, 2000, 29 CLC (AD)

....uch evidence as incredible. A belated statement in court, if can stand the scrutiny of cross-examination, can be believed if not otherwise unbelievable. ………………(16) Case Referred to- Government of Bangladesh Vs. Giasuddin and others, 4 MLR (AD) 29 = 51 DLR (AD) 103. Lawyers Invol......ge of the High Court Division. Let a copy of this judgment be transmitted to the author Judge of the High Court Division forthwith. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 1. ..

Category: Criminal Law | Date: | Hits: 108

Syed S.M. Hasan Vs. Bangladesh, 2002, 31 CLC (AD)

....irst upto 31.12.98 and then upto 30.6.99 without any sanction of law and nexus with the objective to be achieved and as such it was arbitrary and malafide.  III. Because the respondent Government practiced double standard by promoting 7 persons left out from the 1999 selection along w......le of equity and good conscious.  In the result, this appeal is dismissed without an order as to costs.  Ed. This Case is also Reported in: 60 DLR (AD) (2008) 76. ..

Category: Administrative Law | Date: | Hits: 130

Agrabad Hotel Ltd. & another Vs. Revenue Deputy Collector, Cox's Bazar & others, 2006, 35 CLC (AD)

.... facts are that the appellant No. 1, a Public Limited Company and the appel­lant No. 2, Managing Director of the said Company filed the above mentioned writ petition stating, inter alia, that the Government of Bangladesh allotted 5 acres of land of Plot No. 14/4 of Mouza-Jhilwanja District-Cox&#......e dis­cussions made above, we are of the view that the High Court Division was not justi­fied in discharging the Rule.  The appeal is, accordingly, allowed. No order of cost.  Ed. ..

Category: Property Law | Date: | Hits: 127

Md. Motiruddin Mondal @ Matiar Rahman Mondal & ors Vs. Full Mohammed Mollah & ors, 2006, 35 CLC (AD)

....edecessor-in-interest of respondent Nos. 1,2 and 3 as plaintiffs instituted Title Suit No. 1005 of 1984 for declaration of title in the first schedule land measuring 0.70 acres. The appellant and the Government of Bangladesh represented by the Deputy Commissioner, Naogaon were impleaded as defendant......n proper per­spective and after assigning cogent reasons arrived at a correct conclusion and hence does not require interference by us.  The appeal is dismissed with costs.   Ed. ..

Category: Property Law | Date: | Hits: 63

National Board of Revenue and oth­ers Vs. Mustafizur Rahman, 2003, 32 CLC (AD)

....that he is entitled to import duplex board in view of SRO dated 10.12.1984 but schedule 3 of the said SRO having not included duplex board, the High Court Division committed an error in directing the Government to accord permis­sion to the writ petitioner allowing him to import duplex board and tha......ith reference to the relevant pro­visions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs.  Ed. This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: | Hits: 130

M/S. Concord Engineers & Construction Ltd Vs. Chief Engineer Road & Highways Dept, 2006, 35 CLC (AD)

....hammad Fazlul Karim J M.A. Aziz, J Amirul Kabir Chowdhury, J  M/S. Concord Engineers and Construction Ltd.........Appellant. Vs. The Chief Engineer Road and Highways Department, Government of the People's Republic Bangladesh, Sarak Bhaban, PS. Ramna, Dhaka.....Respondent&nb...... We do not find any cogent reason to interfere with the unreasoned impugned judgment and order.  For the reason aforesaid, this appeal is dismissed without any order as to costs.  Ed. ..

Category: Alternative Dispute Resolution | Date: | Hits: 229

Khalilur Rahman A.S. P. S. B Dhaka Vs. Md. Kamrul Ahsan and others, 2005, 34 CLC (AD)

.....S. P. S. B Dhaka............................Appellant Vs. Md. Kamrul  Ahsan and others.................Respondents Judgment July 5, 2005. Cases Referred to- Mujibur Rahman Vs. Government of Bangladesh, 44 DLR (AD) 111; SP Sampath Kumar Vs. Union of India, AIR 1937 SC 386; JB ......discussions 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: 18 BLT (AD) (2010) 486. ..

Category: Administrative Law | Date: | Hits: 152

Syed Afzal Nowab Vs. G. M. Yousuf and others, 2006, 35 CLC (AD)

....gust, 1976 and applied immediately for a formal nationality certificate to remove any doubt about his nationality ; though his nationali­ty as a Bangladeshi by birth was never taken away, nor the Government formed any opinion that his absence from the coun­try was for the purpose of activiti......e in Bangladesh, the ques­tion of forming any opinion by the Government is not at all relevant.  For the foregoing reasons, the appeal is dismissed without any order as to costs.  Ed. ..

Category: Civil Law | Date: | Hits: 128

Sena Kalyan Sangstha Vs. Haji Sufi Fazal Ahmed, 2006, 35 CLC (AD)

.... The suit was for a decree only for khas pos­session in respect of the suit land together with two-storied building standing thereon. The plaintiff filed Other Suit No. 131 of 1982 against the Government upon declaration that the suit property is not an abandoned property and declaration of ......arned Counsel of the petitioners. The review petitions are, accordingly, dismis­sed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 197. ..

Category: Property Law | Date: | Hits: 97

Chairman, BADC, Dhaka Vs. S.M. Ali Imam and others, 2006, 35 CLC (AD)

....ent on October 7, 1996, that disci­plinary proceeding was started against him for the disposal of unserviceable machineries and the parts incidental by auction in the light of the decision of the Government and in due course he showed cause deny­ing allegations of financial loss to the Gover......ind merit in the appeal.  Accordingly the appeal is allowed.  There is no order as to costs.  Ed. This Case is also Reported in: 11 MLR (AD) 2006, 83. ..

Category: Employment/Service Law | Date: | Hits: 109

Kamal Uddin Vs. State, 2006, 35 CLC (AD)

.... two accused while final report was submitted against the rest including the petitioner and that the informant filed naraji petition against the said final report and also filed an application to the Government for fur­ther investigation of the case and the learned Magistrate directed- for furth......commit any error in passing the impugned judgment and order.  15. In view of-the discussion made above we do not find any substance in the petition.  The petition is dismissed.  Ed. ..

Category: Criminal Law | Date: | Hits: 103

Abul Kalam Azad Vs. Govt of BD, represented by the DC, Dinajpur & ors, 2006, 35 CLC (AD)

....rt Appellate Division (Civil) Present: K. M. Hasan,  C.J. Mohammad Fazlul Karim, J. Md. Hamidul Haque, J.Md. Tafazzul Islam, J.  Abul Kalam Azad.....................Petitioner. Vs. Government of Bangladesh, represented by the Deputy Commissioner, Dinajpur and others........Respond......fter consideration of all the facts and materials exercised its discretion we do not find any reason to interfere with the judgment of the High Court Division. The leave petition is dismissed. Ed. ..

Category: Procedural Law | Date: | Hits: 133

Md. Nurul Hoque Miah Vs. Bangladesh, 2005, 34 CLC (AD)

....Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Nurul Hoque Miah……………………....Appellant Vs. Government of Bangladesh represented by the Secretary, Ministry of Establishment and others………......s. 19. In that view of the observation and direction as above, this appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 53. ..

Category: Administrative Law | Date: | Hits: 162

Director of Housing and Settlement Vs. Abdul Majid Howlader & others, 2006, 35 CLC (AD)

....red to- Al-Haj Abul Basher, being dead his heirs Hosne Ara Begum and others Vs. Bangladesh and others, 50 DLR (AD) 11, Nur Mohammad and others Vs. Moulvi Mainuddin Ahmed and others, 39 DLR (AD) 1, Government of Bangladesh, represented by the Deputy Commissioner, Dhaka and others Vs. Basharatullah......n Title Suit No. 191 of 1996 of the 2nd Court of Senior Assistant Judge, Dhaka is set aside. There is no order as to costs. Ed. This Case is also Reported in: 24 BLD (AD) 56, 9 MLR (AD) 73. ..

Category: Limitation Law | Date: | Hits: 189

M. A. Rashid and others Vs. Bangladesh and others, 2006, 35 CLC (AD)

....in: ......gment and on the reasoning given above we are of the view that the impugned judgment does not call for our interference. The leave petition is dismissed. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 74