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Qamrul Islam Siddique Vs. Saber Ahmed and another, 2002, 31 CLC (AD)
....to costs. The judgment and order of the Administrative Appellate Tribunal, Dhaka in Appeal Case No. 20 of 1997 is maintained. Ed. This Case is also Reported in: 1 ADC (2004) 224. ......t". Although it was claimed by the respondent (in the AAT), the then Secretary of the ministry of LGRD and co-operatives gave personal hearing to the appellant and formally recorded the final decision and that on his transfer the said decision was only communicated by the successor-in-..Category: Administrative Law | Date: | Hits: 95
Aminul Islam Chowdhury and others Vs. Abdul Hamid and others, 2003, 32 CLC (AD)
.... case is remanded back to the High Court Division for hearing the rule and for disposal of the same in accordance with law. Ed. This Case is also Reported in: 1 ADC (2004) 217. ...... The evidence on record are sufficient to dispose of the case in its revisional jurisdiction under section 115(1) of Code of Civil Procedure and in that view of the point of law involved in this case decision on the contesting issues involved in the suit Court be given by the High Court Division b..Category: Procedural Law | Date: | Hits: 76
Bangladesh Water Development Board Vs. M/s Zakir Construction & Co., 2000, 29 CLC (AD)
....refore no merit in this appeal and the same is liable to be dismissed. The appeal is accordingly dismissed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 160. ......principle of section 34 of the Code of Civil Procedure applies by way of analogy to an arbitrator who decided a matter in dispute completely and fairly between the parties. This is latest decision of this Division of the Supreme Court of Bangladesh on the Paints raised by Mr. Bhuiyan an..Category: Civil Law | Date: | Hits: 89
Bangladesh Vs. Abdul Wahab Mia and others, 1998, 27 CLC (AD)
....the appeal is allowed without any order as to costs. Civil Petition No. 220 of 1997 is also disposed of in terms of the appeal. Ed. This Case is also Reported in: 1 ADC (2004) 153. ...... learned Attorney General this is an administrative function of the Deputy Commissioner and it is the administrative functionaries who will act according to the Act and the Rules. He cites the decision in the case of Badal Rani Vs. Government of Bangladesh, 27 DLR (AD)-65, where in at ..Category: Property Law | Date: | Hits: 29
Government of Bangladesh Vs. Shamsuddin Ahmed, 2003, 32 CLC (AD)
....wing arrear salary to the respondent is affirmed and the order allowing pro forma promotion to him is disallowed. Ed. This Case is also Reported in: 1 ADC (2004) 144. ......96, passed by the Administrative Appellate Tribunal in Appeal Nos. 55 and 58 of 1995, dismissing the appellant's appeal, 55 of 1995, and allowing in part the respondent's appeal, 58 of 1995, from the decision of the Administrative Tribunal dated 19.3.95 in A. T. Case No. 29 of 1994, allowing case. ..Category: Administrative Law | Date: | Hits: 138
Mostafizur Rahman & 5 others Vs. Government of Bangladesh and 5 others, 1997, 26 CLC (AD)
.... Government has utilized the wide scope for fixing tariff value without regarded to the local international market rate of the imported goods, purely for purposes of augmenting its revenue without legislative sanction. Secondly, leave was granted to consider whether by the impugned notifications......l Hossain, learned Counsel for the appellants, does not press the first point on which leave was granted. In support of the second contention, the learned Advocate for the appellants submitted the decisions, in the case of Collector of Customs, Chittagong and others Vs. A. Hannan reported in 42 ..Category: Fiscal/Taxation Law | Date: | Hits: 199
Secretary, Ministry of Environment & Forest, Bangladesh Vs. Shaha Md. Nurul Islam, 2002, 31 CLC (AD)
.... High Court Division in the aforesaid writ petition is hereby set aside and the writ petition is dismissed as not maintainable. Ed. This Case is also Reported in: 1 ADC (2004) 139. ......urt division as regards protection of the petitioner's fundamental right as enshrined in the constitution has no leg to stand upon in view of the arguments made in the writ petition. Relying in the decision in the case of Junnur Rahman vs. Bangladesh shilpa Rin Sangstha (BSRS) and others reporte..Category: Administrative Law | Date: | Hits: 95
Md. Sirajuddin Vs. Mohibunessa and others, 2002, 31 CLC (AD)
....he appeal is allowed and the impugned judgment of the High Court Division is set aside. No order is made as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 136. ......judge of the High Court Division committed an error of law in not considering the established principle of law in the matter of granting and refusing the amendment which resulted in an error in the decision causing failure of justice. 9. We therefore hold that the change of number of khat..Category: Property Law | Date: | Hits: 23
Shamsu Miah and others Vs. Government of Bangladesh, 2002, 31 CLC (AD)
.... of those and the Annexure (f), copy of which was not made available to the writ petitioners. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 109. ......background of which writ petitions were filed, in short, are that land of the respective writ petitioners or their predecessors were acquired by the government. Government in pursuant to the policy decision to rehabilitate some of such category of people curbed out rehabilitation plots out of the..Category: Property Law | Date: | Hits: 27
Abdul Hai and others Vs. Atar Islam and others, 2004, 33 CLC (AD)
....egal infirmity in the judgment of the High Court Division. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 107. ......the judgment of the High Court Division is not a proper judgment of reversal and hence can not be maintained in law and that the High Court Division failed to notice that the trial court passed the decision on conjecture and surmise and inadmissible evidence relating to 3 tax receipts. 3. ..Category: Procedural Law | Date: | Hits: 84
Gazi Gaiasuddin Vs. Bangladesh Power Development Board and other, 2002, 31 CLC (AD)
.... under the signature of the respondent No.3 is declared to have been passed without lawful authority. There is no order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 103. ......hment of compulsory retirement which undoubtedly the authority under the law in consideration of the materials before it is competent to impose. It is for the punishing authority to make final decision as to the kind of punishment it would impose upon a delinquent employee. The other co..Category: Employment/Service Law | Date: | Hits: 69
Raushan Akhter @ Moharaji Bibi and others Vs. Khandakar Mosharraf Hossian & Ors, 2004, 33 CLC (AD)
....appellants for the ground on which the leave was granted this appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 100. ......he sale was with in the knowledge of the pre-emptor and hence in exercise of revisional jurisdiction interfering with the concurrent finding the High Court Division committed error in the decision. The learned Counsel further submits that the learned Judge of the High Court Division fa..Category: Property Law | Date: | Hits: 30
Dhaka University Vs. Gias Kamal Chowdhury and others, 2001, 30 CLC (AD)
....al and the same is accordingly dismissed without cost. Connected Civil petition for leave to Appeal No. 9 of 2001 is also dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 71. ......s polling centre and gymnasium polling centre, Proctor of University, Deputy Registrar (Administration-4) and Assistant Registrar along with some other persons attended the meeting wherein the said decision was taken. The learned Advocate appearing on behalf of the appellants submits that after ..Category: Civil Law | Date: | Hits: 98
Arun Karmakar Vs. State, 2002, 31 CLC (AD)
....n the result, this appeal is allowed setting aside the impugned judgment and order of the High Court Division. Ed. This Case is also Reported in: I ADC (2004) 63; 8 MLR (AD) 162; 7 BLC (AD) 61. ......d Criminal Miscellaneous Case No. 577 of 2000 praying for releasing the victim girl to his custody which was rejected by the learned Sessions Judge by his order dated 1.11.2000 holding that the final decision will be taken after taking evidence. The petitioner thereafter challenging the order of d..Category: Criminal Law | Date: | Hits: 34
Md. Khoka Mollah Vs. State, 2002, 31 CLC (AD)
....asons and discussions made above, we find no merits in this appeal and as such, it is dismissed accordingly. Ed. This Case is also Reported in: 1 ADC (2004) 57; 22 BLD (AD) 229; 8 BLC (AD) 176. ......asons and discussions made above, we find no merits in this appeal and as such, it is dismissed accordingly. Ed. This Case is also Reported in: 1 ADC (2004) 57; 22 BLD (AD) 229; 8 BLC (AD) 176. ..Category: Criminal Law | Date: | Hits: 47
Abdul Aziz Vs. Khaja Abdul Gani and others, 2003, 32 CLC (AD)
....ion 561 A of the Criminal Procedure Code. In view of the above the criminal appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 23. ......tter of evidence and trial and can only be determined by taking evidence. 6. Further there is no bar on proceeding against the accused in both civil and criminal jurisdiction in view of the decision as laid down in 49 DLR (AD) page 132. We have considered the submissions of the lea..Category: Criminal Law | Date: | Hits: 45
State Vs. Abdur Rahim Shikder, 2008, 37 CLC (AD)
....signed by the learned Advocate for the petitioner merits no consideration. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 265. ......this leave-petition. 10. Md. B. Hossain, the learned Advocate-on-Record, appearing for the petitioner, submits that the High Court Division misread the evidence on record and came to a wrong decision by setting aside the impugned judgment and order of conviction of sentence so passed by t..Category: Criminal Law | Date: | Hits: 36
Md. Dawad Ali Sardar Vs. Kazi Mujibar Rahman & others, 2008, 37 CLC (AD)
....tion 307 of the Penal Code because that would be a futile exercise. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 260. ......istrate) had no jurisdiction to frame charge under Section 307 of the Penal Code but in fact the trial Court had jurisdiction and as such the High Court Division committed error in arriving at the decision. 7. From the judgment of the High Court Division passed in Criminal Revision No. 68..Category: Criminal Law | Date: | Hits: 38
State Vs. Nantu Biswas and others, 2008, 37 CLC (AD)
....ia are found guilty under Sections 302/34 B.P.C and they are directed to serve the remaining period of their sentence if any. Ed. This Case is also Reported in: VI ADC (2009) 254. ...... disposing of the appeal the High Court Division has not at all discussed the same and wrongly found that the eye witnesses gave false evidence to fit in the post-mortem examination report and the decision is based on surmises and conjectures causing serious miscarriage of justice. It was also s..Category: Criminal Law | Date: | Hits: 84
Md. Habibur Rahman Islam Vs. Secretary, Ministry of LGRD, 2007, 36 CLC (AD)
....y;ingly the above decision of the High Court Division does not call for any interference. 6. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 252. ......ce. 5. Accordingly we are of the view that the High Court Division on proper consideration of materials on record and the law involved discharged the Rule and accordingly the above decision of the High Court Division does not call for any interference. 6. The petition is d..Category: Property Law | Date: | Hits: 21
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