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Bangladesh Biman Corporation & others Vs. Md. Yousuf Haroon & others, 2002, 31 CLC (AD)

....rovision has been adopted from the Public Servants (Retirement) Act, 1974 (Act X11174) mutatis mutandis in that the Corporation has been allowed to take action as a retiring authority in place of the Government. Section 9(2) of the Act is as follows: “The Government may, if it considers nece......f 1974) , Section 9(2) The Bangladesh Biman Corporation Employees (Service) Regulations, 1979, Regulation 11A(2) (i) From the above regulation it appears that an employee may opt to retire from service after completion of 25 years of service by giving 30 day’s prior notice. Similarly, Corpor..

Category: Employment/Service Law | Date: | Hits: 186

Abu Siddique and anr Vs. Government of the People’s Republic of Bangladesh, 2002, 31 CLC (AD)

....lip;…..…Petitioner                         Vs. Government of the People’s Republic of Bangladesh represented by the Secretary, Ministry of D...... Accordingly, the petitions are dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 154. ..

Category: Criminal Law | Date: | Hits: 58

Giasuddin and another Vs. State, 2002, 31 CLC (AD)

....nbsp; 13. Mr. Abdul Malek learned Counsel appearing on behalf of the condemned prisoners submits that the case has been engineered by PW 9 but he failed to answer how this witness being a Government official is interested in the matter. He also failed to suggest any enmity with the cond......on.   There is no merit in this petition and the same accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 146. ..

Category: Criminal Law | Date: | Hits: 47

Bangladesh Road Transport Corporation and another Vs. Md. Shahidullah, 2002, 31 CLC (AD)

.... reported decision.   The petition is dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 124.  ......   The Corporation failing to remove the respondent through a proceeding and thereafter failing to send him on compulsory retirement under regulation 55(2) finally terminated him from service and such termination is dismissal in the garb of termination and as such without lawful aut..

Category: Employment/Service Law | Date: | Hits: 75

Government of Bangladesh and others Vs. Md. Sharfuddin Mollah, 2002, 31 CLC (AD)

....nbsp;    Abu Sayeed Ahammed J                         Government of Bangladesh and others. .........................Appellant   Vs. ......dismissed on 23rd April, 1996.   3. It may be mentioned the respondent at the relevant time i.e. when the disciplinary proceeding was initiated against him and was dismissed from service following said disciplinary proceeding, was a Sub-Inspector of Police.   ..

Category: Administrative Law | Date: | Hits: 116

Director, Housing and Building Research Institute Vs. Darus-Salam Co-operative Housing Society Ltd. and others, 2002, 31 CLC (AD)

....rative Society, members whereof were refugees, was registered in 1951 for the welfare of its members, the Mohazir, by way of providing residential accommodation and in 1952 the Society applied to the Government for allotting lands for the construction of residential accommodation of the Mohazir Memb...... evicted, in writ jurisdiction which is not permitted. In the result the appeals are allowed. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 111. ..

Category: Property Law | Date: | Hits: 54

Government of Bangladesh and others Vs. Bibi Marium and other, 2002, 31 CLC (AD)

....bsp; Mainur Reza Chowdhury J   Md. Gholam Rabbani J    Md. Ruhul Amin J Md. Fazlul Karim J    Government of Bangladesh and others ............................Petitioners   ......ause delay to the prejudice to the parties.   The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 100.  ..

Category: Property Law | Date: | Hits: 46

Mahbubur Rahman and others Vs. Taslimuddin Ahmad and others, 2002, 31 CLC (AD)

....996 has been filed by Bangladesh. Both the appeals are disposed of by a common judgment.   3. Respondent No. 1 filed the aforesaid Administrative Tribunal case impleading the Government of Bangladesh and one Babul Rabbani as respondent No. 2 describing him as. &......axes on 5-10-198 1. According to the Cadre Rules, an Extra-Assistant Commissioner of Taxes becomes eligible for promotion to the rank of Assistant Commissioner of Taxes on completion of 3 years of service. Respondent No. 3 completed 3 years of service on 5-10-1984 as Extra-Assistant Commissioner..

Category: Administrative Law | Date: | Hits: 91

Government of the People’s Republic of Bangladesh Vs. SM Fariduddin, 2002, 31 CLC (AD)

....; Mahmudul Amin Choudhury CJ   Mainur Reza Chowdhury J   Md. Ruhul Amin J   Md. Fazlul Karim J     Government of the People’s Republic of Bangladesh........................Petitioner &nb......owing terms: “Mr Mahmudul Islam, learned Attorney-General for the petitioners in both the petitions, submits that the order dated 30-7-2000 relates to the terms and, conditions of service and in view of the provision of Article 113 (sic) of the Constitution the High Court Divis..

Category: Employment/Service Law | Date: | Hits: 57

Santosh Kumar Das Vs. Hajee Badiur Rahman, 2002, 31 CLC (AD)

....setting aside the impugned judgment of the High Court Division and restoring those of the Courts below decreeing the suit.   Ed. This Case is also Reported in: 54 DLR (AD) (2002) 93. ......nor has he any explanation as to why Exhibit 2 was issued on 18-1-1974. In my opinion, the opposite party has been in a fix which path he will tread or which course he will follow in the matter of service of notice.”   “I am in full agreement what has been submitted by the learned Cou..

Category: Tenancy Law | Date: | Hits: 76

Hyundai Corporation Vs. Sumikin Bussan Corporation & others, 2001, 30 CLC (AD)

....aking authority is a recognised matter. The learned Counsel for the petitioner, in support of his submission that the Court in the exercise of its jurisdiction of judicial review of the action of the Government in the discharge of executive functions as well as activities of State functionary in res......t Authority (respondent No. 2) floated tender on 14-1-2000 fixing 19th June as the last date of dropping bid for supply of four units of Rail mounted Quay Gantry Cranes with necessary spare parts and service as per specification of the bidding documents. The Bidder or bidders were required to be of ..

Category: Others | Date: | Hits: 130

Bangabir Kader Siddiqui, Bir Uttam Vs. Government of Bangladesh, 2002, 31 CLC (AD)

....bsp;   Bangabir Kader Siddiqui, Bir Uttam  ………….……………. Petitioner   Vs.   Government Bangladesh represented by the Secretary Ministry of Law & others… ...….......   There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 64.  ..

Category: Election Law | Date: | Hits: 158

BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)

....A 1860. The Memorandum of the Society of BRAC clearly permits the BRAC to invest money in purchasing shares of a corporate entity be it a banking company or otherwise to obtain permission from the Government or any public body for exercise of its right to sponsor a banking company which in its j......y undertaken or carried on by any person or organisation of his or its own free will to render agricultural, relief, missionary, educational, cultural, vocational, social welfare and developmental services, etc. So, BRAC as a charitable society can receive and spend foreign donations for social ..

Category: Constitutional Law | Date: | Hits: 199

Government of Bangladesh Vs. Ramananda Sarker, 2002, 31 CLC (AD)

....Roy Choudhury J   AMM Rahman J   Mahmudul Amin Choudhury J   Kazi Ebadul Hoque J   Government of Bangladesh………..Petitioner   Vs. ......000.   The Code of Civil Procedure, 1908 (V of 1908) Order XX VII rule 4   Service of summons on the Government Pleader is good service on the Government.(8)  The Limitation Act, 1908 (IX of 1908), Article 95 ..

Category: Procedural Law | Date: | Hits: 97

Commissioner of Taxes, Dhaka (South) Zone, Dhaka Vs. Ujala Match Factory, 2002, 31 CLC (AD)

....   The Income Tax Act, 1922 (XII of 1922), Sections 10(2)(X) & 16(2)(XVI)   Since the respondent assessee paid the bonus to the employees as per direction of the Government under the provisions of the above Ordinance and Notification, the question of earning p......ons of this Act such profits or gains shall be computed after making the following allowances, namely—   (X) any sum paid to an employee as bonus or commission for services rendered, whether such sum would not have been payable to him as profits or dividend if..

Category: Fiscal/Taxation Law | Date: | Hits: 66

Akbar Hossain (Md) Vs. MD, Agrani Bank and others, 2002, 31 CLC (AD)

....   In view of the above, the petition is dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 21.  ......l No.179 of 1991 under Order 47 rule 1 of the Code of Civil Procedure.   2. The suit was for declaration that the plaintiff was illegally and wrongfully dismissed from his service on 27-1-77 and that he was entitled to be reinstated with full arrear dues up-to-date. The ..

Category: Employment/Service Law | Date: | Hits: 83

Government of Bangladesh and other Vs. Nidhi Ram Moni and others, 2002, 31 CLC (AD)

....sp;                                Government of Bangladesh and other…… Petitioners   Vs.  ......e High Court Division.   The petition is dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 14.  ..

Category: Property Law | Date: | Hits: 43

Khairullah (Md) Vs. ADC (Revenue) and another, 2001, 30 CLC (AD)

.... Act, 1908 (IX of 1908) Section 5 Condonation of delay under section 5 of the Limitation Act is a highly discretionary matter and the High Court Division exercised the discretion in favour of the Government respondent so the Appellate Division has nothing to interfere. Lawyers Involved: ...... Court Division in exercising the discretion. There is therefore no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 13. ..

Category: Procedural Law | Date: | Hits: 121

AKM Ali Imam Vs. DG, Bangladesh Agricultural Research Institute & another, 2002, 31 CLC (AD)

....There is no merit in this petition and the same is accordingly, dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 5. ......ntry and was absent for more than five years. A departmental proceeding was initiated by the Director General of the aforesaid Institute and by order dated 13-1-1988 the petitioner was removed from service. Against that AT Case No.201 of 1990 was filed by the petitioner which was allowed and the..

Category: Administrative Law | Date: | Hits: 104

S. M. Iqbal Hossain Vs. Managing Director, I F I C Bank Ltd., 2006, 35 CLC (AD)

....that the High Court Division took a correct view in the matter and as such the impugned judgment does not call for our interference. The petition is, therefore, dismissed. Ed. ......k. 1,00,000.00 against deposit of Tk. 100.00 only, the petitioner cannot escape the liability of at least of the Rules, Regulations, etc. of the bank constituting misconduct warranting removal from service.……..(21, 22 and 27) Cases Referred To- Sonali Bank vs. Ruhul..

Category: Employment/Service Law | Date: | Hits: 78