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GM, Janata Bank Vs. Md. Shah Alam Sarker, 1999, 28 CLC (AD)
....l resulting in an injustice. For the above reason, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 138. ......ing, inter alia, that the respondent was given invalid retirement on his own seeking, that the matter of re-employment was within the discretion of the Bank authority and subject to availability of post and that the matter does not fall within the jurisdiction of the Administrative Tribunal. ......ative Appellate Tribunal resulting in an injustice. For the above reason, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 138. ..Category: Administrative Law | Date: | Hits: 148
Government of Bangladesh and Ors Vs. Mohammad Faruque, 1999, 28 CLC (AD)
....other points need not be decided by us. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 112. ......loyees would not be transferred from one place to another. Having noticed that the policy was being violated the Establishment Division by a Notification dated 10-9-86 specified the departments and posts which would be henceforth entitled to transfer the specified employees from one place to ano......to be availed of by the aggrieved person……………………….(11) Cases Referred to- Bangladesh vs Shafiuddin Ahmed 50 DLR (AD) 27; Pakistan vs Sheikh Abdul Hamid 13 DLR (SC) 100. Lawyers Involved: AKM Shaf..Category: Employment/Service Law | Date: | Hits: 68
State, rep. by the Solicitor, Govt. of Bangladesh Vs. Giasuddin and others, 1999, 28 CLC (AD)
....t on the subordinate judiciary in disposing of criminal justice in Bangladesh. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 103. ......ly when the case is based on circumstantial evidence. 23. The High Court Division made confusion worse confounded by making confusion between motive and common object. It is absurd and preposterous to say, as the High Court Division has said, that the object of the alleged unlawful asse...... Tenu Mia and others vs. State, 43 DLR 633; Sarfraz Khan vs. Crown, 1953 PLD (FC) 317 = 5 DLR (FC) 280; Enayetullah and another vs. State, PLD 1966 (Lahore) 8; State vs. Lalu Mia, 39 DLR (AD)117. Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Mvi Md W..Category: Criminal Law | Date: | Hits: 80
Lt Genl Abu S Mohammad Nasim (Retired), BB psc Vs. Bangladesh, 1999, 28 CLC (AD)
....r has no other remedy either under Article 102 of the Constitution or in the civil Court. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 101. ......ad Nasim (Retired), former Chief of Army Staff, filed the writ petition challenging four Notifications, (1) Memo, dated 20-5-96 published in the Bangladesh Gazette on 23-5-96 retiring him from the post of Chief of Army Staff, (2) Memo, dated 20-5-96, published in the Bangladesh Gazette on 30-5-9......sp; Cases Referred to- Major (retired) AFM Hafizur Rahman vs. the Government of Bangladesh, 29 DLR 34, Rear Admiral AA Mostafa vs. The Government of Bangladesh, 46 DLR (AD) 43, Lieutenant General Moinul Islam Chowdhury, decided on 23-10-97, Writ Petition No. 6762 of ..Category: Employment/Service Law | Date: | Hits: 77
Abdul Khaleque Mollah Vs. ABM Zakaria and another, 1999, 29 CLC (AD)
....se is that the original owner of the suit land Haran Mondal transferred the land in suit by a sale deed dated 16-4-1929 to Jogendra Chandra Chakravorty who in mm sold the land to Abdul Kader by a registered kabala on 13-6-1945. After the death of Abdul Kader, his heirs sold 0.925 acres and 0.03......courts below found that secondary evidence was given of those original documents. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 78. ...... relied upon as the courts below found that secondary evidence was given of those original documents. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 78. ..Category: Property Law | Date: | Hits: 72
Kochi Mia @ Khocha Mia Vs. Suruj Mia being dead his heirs Md Fazlur Rahman & ors., 1999, 28 CLC (AD)
.... beneath the earth in which his name is engraved. This establishes the title of the plaintiff. 3. Defendant Nos.1-3 contested the suit claiming settlement of the land also on the basis of a registered lease deed dated 3 April 1957 which is said to be in confirmation of a lease in their fa......ment and order of the High Court Division be set aside and the judgment and decree of the appellate Court be restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 57. ......dered that the judgment and order of the High Court Division be set aside and the judgment and decree of the appellate Court be restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 57. ..Category: Property Law | Date: | Hits: 65
Chand Biswas and others Vs. Abdul Khaleque Sheikh and others, 1999, 28 CLC (AD)
.... in 1331 BS the Bengal Tenancy Act was not amended and the settlement of agricultural lands with tenants was not attended with any formality. As such, the lower appellate Court wrongly insisted on registered kabuliyats. The High Court Division also found that the lower appellate Court did not co......; Ed. This Case is also Reported in: 51 DLR (AD) (1999) 55. ......p; Ed. This Case is also Reported in: 51 DLR (AD) (1999) 55. ..Category: Property Law | Date: | Hits: 45
Bangladesh Vs. Anwar Ahmed and others, 1999, 28 CLC (AD)
....d himself as the writ petitioner. It is alleged in the writ petition that late Afaq Ahmed Khan, a migrant from India and a Government servant of the then East Pakistan, got the aforesaid land by a registered deed of lease dated 1-11-51 from the Government. He constructed a house therein. He hims......ugned judgment and order of the High Court Division are set aside. Writ Petition No. 204 of 1989 is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 42. ......h Court Division may find that the alternative remedy is not equally efficacious. In this connection reference may be made to the case of Dhaka Ware House vs. Asst. Collector of Customs, 1991 BLD (AD) 227. In the instant case the learned Judges of the High Court Division appear to have misconst..Category: Property Law | Date: | Hits: 48
Governing Body of Kapilmuni College Vs. Sheikh Roushan Ali & Others, 1997, 26 CLC (AD)
....same by the impugned order. In the facts and circumstances of the case we find little merit in his leave petition. It is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 31.......missed. The Recognised Non-Government Intermediate College Teachers (Board of Intermediate and Secondary Education, Jessore) Terms and Conditions of Service Regulations, 1979, Regulation 12 Any post facto approval of an order of dismissal by the Board, is not contemplated but such approval sho......ubstitute the same by the impugned order. In the facts and circumstances of the case we find little merit in his leave petition. It is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 31...Category: Employment/Service Law | Date: | Hits: 79
Saitan Bibi and others Vs. Chairman Bewa and others, 1999, 28 CLC (AD)
.... affected and the plaintiff never got possession of the suit land by virtue of such void sale. While in possession Pasiran Bibi transferred the suit land to her two daughters, Saleha and Hamida by registered kabala deed dated 22-9-66, on receipt of consideration. Thereafter, Pasiran Bibi died on...... Court, thereby dismissing the suit. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 28. ......ore that of the trial Court, thereby dismissing the suit. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 28. ..Category: Property Law | Date: | Hits: 52
Bangladesh Vs. Shirely Anny Ansari, 2000, 29 CLC (AD)
....s on 7-1- 1960 with the option of renewal of lease. While Dr. Ansari was in possession of the said plot he with proper permission constructed a one-storied building thereon. But subsequently, by a registered deed of gift dated 26-2-1965 he transferred the aforesaid land and building to his wife ......gh Court Division in Writ Petition No. 7756 of 1997 is hereby set aside and that of the Court of Settlement restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 180. ....... Judgment of the High Court Division in Writ Petition No. 7756 of 1997 is hereby set aside and that of the Court of Settlement restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 180. ..Category: Property Law | Date: | Hits: 64
Bangladesh and another Vs. Habib Zamil, 2000, 29 CLC (AD)
.... 6. Briefly stated, the facts of the case as set out in the writ petition run thus. The property in question belonged to Jogesh Chandra Das and Tarak Nath Das who transferred the same by a registered deed in 1962, to Md Siddique Jamal, Ibrahim Siddique Jamal and Daud Siddique Jamal in e......the result, the appeal is allowed and the impugned judgment and order set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 174. ......is not ex facie void, writ petition is not maintainable…………………(13) Cases Referred To: Begum Lutfunnessa vs. Bangladesh, 42 DLR (AD) 86; Government of Bangladesh and another vs. Syed Chand Sultana and others, 51 DLR (AD) 24. ..Category: Property Law | Date: | Hits: 73
Abdul Khaleque (Md) Vs. Sec, Ministry of Law, Justice and Parliamentary Affairs, 2000, 29 CLC (AD)
.... find any substance in the submissions of the learned Advocate for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 147. ...... a copy of the record of the authority’s decision, that the petitioner was not, prejudiced and that there was no violation of the principle of natural justice The notification up grading the post of Sheristader came into force on 7-11-85 The petitioner on the basis of the Notification was ...... 8. We do not find any substance in the submissions of the learned Advocate for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 147. ..Category: Administrative Law | Date: | Hits: 125
Billal Vs. State, 2000, 29 CLC (AD)
....of the said Code. But the sentence as awarded shall remain unaltered. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 143. ......of blood with stab injury. On being taken to the hospital the doctor declared him dead. Death of the victim is not disputed and the same has been proved by the evidence of the doctor PW 5 who held post mortem examination over the dead body of the victim and evidence of other witnesses. The quest......irresistible conclusion that he abetted the murder of the victim…………………(12) Cases Referred to- Amir Hossain vs. State, 37 DLR (AD) 139; Hafez Abul Khair vs .State, 29 DLR (AD) 1; Afsar Ali Moral vs. State, 29 DLR (AD) 269. ..Category: Criminal Law | Date: | Hits: 58
Syed Jahangir Hossain Vs. Md. Moyenuddin and others, 2000, 29 CLC (AD)
....de above we find no merit in this appeal. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 140. ......On the basis of that report defendant No. 6 directed the defendant No. 1, Chairman of the College and Thana Nirbahi Officer Bakergonj b Memo dated 31-7-1991 to remove the respondent No. 1 from the post of lecturer. Thereafter by Memo dated 10-8-1991 defendant No. 1 removed the respondent No. 1 ......s and discussion made above we find no merit in this appeal. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 140. ..Category: Others | Date: | Hits: 84
Asmat Ali Vs. Abdur Rafique Mridha and others, 2000, 29 CLC (AD)
....ee passed by the Munsif (now Assistant Judge), Kapasia in Title Suit No. 6 of 1985 on 19-2-86, decreeing the suit for redemption of mortgage. 2. The plaint case is that, the plaintiff by a registered deed of mortgage dated 26-3-62 transferred the suit land to one Abdul Gafur Mridha, ......y dismissed without costs. Order of the Court By a majority decision the appeal with cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 132. ......ble as the transaction was past and closed…………………(11) Case Referred to- Bangladesh vs. Haji Abdul Gani Biswas and others, 32 DLR (AD) 233. Lawyers Involved: Miah Abdul Gafur Advocate-on-Record — For the Appel..Category: Property Law | Date: | Hits: 64
Delwar Hossain Mia (Md) and another Vs. Bangladesh, 2000, 29 CLC (AD)
.... substantial question of law has been made out for grant of leave in this case. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 120. ......iciating Assistant Superintendent Of Police. The Government in the Ministry of Home Affairs by notification No. MHA/ Pol-1 Apptt-12/92/60 dated 3 February 1998 (Annexure-B) regularised them in the post with retrospective effect from 20 March 1991. 4. The petitioners challenged the said o......ndamental right for challenging infirmity of a law will seek his remedy under article 102(1). Cases Referred to- Md. Abdul Mannan and others vs Hasan Mahmud Khandaker 16 BLD (AD) 147 = I BLC (AD) 44, Mujibur Rahman vs Bangladesh, 44 DLR (AD) 111, SP Sampath Kumar vs Union..Category: Constitutional Law | Date: | Hits: 151
Sudangshu Jaladash and others Vs. Shahabuddin and others, 2000, 29 CLC (AD)
....ransfer of Property Act, 1882 (of 1882), Section 111 There can not be any cancellation of lease without giving an opportunity to the aggrieved party being heard when the lease has been under registered instrument with delivery of possession………………&h...... Court Division has not committed any wrong which may call for our interference. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 119. ...... petitions. The High Court Division has not committed any wrong which may call for our interference. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 119. ..Category: Property Law | Date: | Hits: 71
Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)
....ndence for effective and meaningful discharge of its constitutional functions. For the above reasons, I concur with the judgment. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 82. ......a Judicial Service Commission constituted for recruitment in that sevice……..76(4) Article 116, 116A and 133. Law or rules or executive orders having the force of rules be framed relating to posting, promotion, grant of leave, discipline, pay allowances, pension etc be enacted or framed or ...... water cannot mix, the judicial and civil administrative executive services are non-amalgamable. 42. We have held earlier in the case of Mujibur Rahman (Md.) vs. Government of Bangladesh, 44 DLR (AD) 111 Para 71, that both “the Supreme Court and the subordinate courts are the repository of jud..Category: Constitutional Law | Date: | Hits: 829
Jihad Ahmed and others Vs. Bangladesh Power Development Board and others, 2000, 29 CLC (AD)
.... accepted. 8. Consequently, both the points of Sheikh Razzaque Ali failed. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 75. ......rred from one district to another. 6. A reference to article 14 of the Bangladesh Power Development Board (Employees) Service Rules, 1982 shows that an employee may be transferred from one post to another. This is the general rule regarding transfer of an employee of the PDB. The circul......not raise the plea of violation of fundamental right in case of transfer. ……….…..(6 & 7). Cases Referred to- Bangladesh vs. Shafiuddin Ahmed, 50 DLR (AD) 27. Lawyers Involved: Sheikh Razzaque Ali, Senior Advocate, instructed by Mvi. ..Category: Employment/Service Law | Date: | Hits: 90
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