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Abdul Kader Vs. Secretary, Election Commission and others, 2006, 35 CLC (AD)
....bdul Kader.....................Petitioner Vs. Secretary, Election Commission and others...............Respondents Judgment October 23, 2005. The Local Government (Union Parishads) Ordinance, 1983 (LI of 1983), Section 7(2)(g) The question of ......f their duties." 8. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. The petition is dismissed Ed. ..Category: Election Law | Date: | Hits: 106
Sec., Min. of Food, Government of BD & ors Vs. Md. Sirajuddin Ahmed & ors, 2006, 35 CLC (AD)
.... Supreme Court Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ Amirul Kabir Chowdhury J Secretary, Ministry of Food, Government of Bangladesh and others..................Appellants Vs. Md. Sirajuddi......ccordingly, impleading the appellant as defendant No. 4 amending the plaint. On 22-1-1997 the trial Court issued summons upon the added defendant No. 4 that is, the appellant, fixing 28-1-1997 for service return and by order dated 28-1-1997 on perusal of the service return of summons, fixed 3-2-..Category: Property Law | Date: | Hits: 66
AHS Rahman Vs. State, 2006, 35 CLC (AD)
....That on inspection of the said Ministry's file No. PT. Shaka-5/4-6/98 (Part-2) held on 30-3-1999 it is revealed that committee opined that as the members of the Committee are all engaged in important Government assignment the necessity of a consultant is essential and once the committee receives the......o that effect the charge-sheet has been submitted, we find no substance in the submission of the learned Counsel for the petitioner for quashing the proceedings. The petition is dismissed. Ed. ..Category: Anti-Corruption Laws | Date: | Hits: 89
Bangladesh Agricultural Development Corporation (BADC) Vs. AKM Abdus Salam & ors, 2006, 35 CLC (AD)
....wer conferred by section 52 of the Bangladesh Agricultural Development Corporation, 1961 (Ordinance No XXXVII of 1961) read with section 9 thereof the Corporation with the previous approval of the Government made the Bangladesh Agricultural Development Corporation (Service) Regulation 1968 where......ngladesh Agricultural Development Corporation Service Regulation, 1968, Regulation 3(1) In view of sub-section 3 of section 1 of the Service Regulations of 1968, the terms and conditions of service of the petitioner cannot be varied to his disadvantage. Under Regulation of 1968 there was ..Category: Employment/Service Law | Date: | Hits: 66
Bangladesh Vs. Md. Idrish Miah, 2006, 35 CLC (AD)
....sal from service to the reduction in rank of the respondent. The Appeal has no merit and it is accordingly dismissed………….(13 & 14) Case Referred To: Government of Bangladesh represented by the Secretary, Ministry of Defence and others vs. Md. Afzal......isions of section 6(3) of the Administrative Tribunal Act, 1981 (VII of 1981) it was within the jurisdiction of the Administrative Appellate Tribunal in altering the major penalty of dismissal from service to the reduction in rank of the respondent. The Appeal has no merit and it is accordingly ..Category: Administrative Law | Date: | Hits: 112
Government of Bangladesh Vs. Amora Holding Inc. Panama and other, 2006, 35 CLC (AD)
.... Supreme Court Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ Md. Fazlul Karim J Amirul Kabir Chowdhury J Government of Bangladesh represented by the Secretary (IRD) and Chairman, NBR, Ministry of Fi...... not sustainable in law and the same is accordingly, set aside and accordingly, the Rule is recalled. In the result, the appeal is allowed without any order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 96
Government of the People's Republic of Bangladesh & others Vs. Khashru Miah, 2004, 33 CLC (AD)
....these are dismissed. Ed. This Case is also Reported in: ......decisions arrived at by the High Court Division. For all the above reasons, we find no substance in these two petitions. Accordingly, these are dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 77
Dulal Chandra Das & ors Vs. Ratan Chandra Sarker and others, 2006, 35 CLC (AD)
....handra Sarker and others.................Respondents Judgment November 3, 2003. The Limitation Act, 1908 (Act IX of 1908), section 149 As the property vested in the Government by operation of law in 1978, to claim any right by adverse possession, the plaintiff is ......tion, both the appeals are allowed without any order as to cost, the judgment and order passed by the High Court Division in Civil Revision Nos. 149 and 560 of 1996 are set aside. Ed. ..Category: Property Law | Date: | Hits: 51
Abdur Rashid Mollah Vs. Bangladesh, 2003, 32 CLC (AD)
....1989 in respect of House No. 24/10, Block-C, Tajmahal Road, Mohammadpur, Dhaka. 2. The case of the appellant is that the case property previously belonged to Abdul Hafiz who got the same from the Government of the then East Pakistan by registered deed of lease dated 15-1-69 and constructed a tin...... 55. 6. Article 7 of President's Order No. 16 of 1972 provides that the Deputy Commissioner shall take possession of the property where any abandoned property is not in possession of the owner by service of notice asking him to surrender the possession to the Deputy Commissioner or his agent wit..Category: Property Law | Date: | Hits: 108
Government of Bangladesh and others Vs. Khondaker Khairul Kabir, 2006, 35 CLC (AD)
.... Ed. ......nt on the ground of Illness prayed for time to file his reply to the second show cause notice but no time was allowed and thereafter the petitioner No. 2 by order dated 14-12-87 dismissed him from service and being aggrieved he preferred appeal to the petitioner No. 1 which was also rejected by ..Category: Administrative Law | Date: | Hits: 113
ASI Md. Ayub Ali Sardar and another Vs. State, 2005, 34 CLC (AD)
....y person who is a Judge within the meaning of section 19 of the Penal Code, or when any Magistrate, or when any public servant who is not removable from his office save by or with the sanction of the Government, is accused of any offence alleged to have been committed by him while acting or purporti...... (iv) corruption or having persistent reputation of being corrupt; (v) subversive activity or association with persons or organisations engaged in subversive activities; (vi) desertion from service or unauthorised absence from duty without reasonable excuse; or (vii) inefficiency. ..Category: Criminal Law | Date: | Hits: 78
Bijoy Kumar Chakroborty Vs. Md. Muzaffar Hossain , 2006, 35 CLC (AD)
....conditions and restrictions imposed by such licence." Under section 4 the District Magistrate is made the licensing authority but under the proviso to the said section the Provincial Government can by notification constitute for the whole or any part of a Province such other autho......ph Act, 1918. 13. In that view of the matter, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 69
Begum Shamsunnahar Vs. Government of Bangladesh, 2006, 35 CLC (AD)
.... Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Begum Shamsunnahar..................Appellant vs Government of Bangladesh represented by the Secretary, Women and Children Affairs &. others.........omen and Children Affairs &. others..............Respondents Judgment June 14th, 2004 The Constitution of Bangladesh, 1972, Article 135(2) The appellant being in service of the Republic, in case of her removal, she is eligible for protection under Article 139(..Category: Administrative Law | Date: | Hits: 128
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
....……………………………………………………………………….Petitioner (In Civil Petition No. 118 of 1992) Vs. Bangladesh, through the Secretary, Ministry of Local Government, Rural Development & Co-operative, (Local Government Division), Government of Bangl......s relating to‑ (a) administration and the work of public officers; (b) the maintenance of public order, (c) the preparation and implementation of plans relating to public services and economic development." "60. For the purpose of giving full effect to the pro..Category: Constitutional Law | Date: | Hits: 655
Saleem Ullah Vs. The State, 1992, 21 CLC (AD)
.... suit was bad for defect of parties, and that the suit abated as some of the parties had died long before, and that some of the plots which the plaintiff got through the decree was acquired by the Government and as such the suit was not maintainable. The Court as aforesaid put emphasis upon the ......r updating the law of Contempt of Courts in the light of our Constitution, recent changes in media communications, and practice in comparable jurisdictions in other countries. Ed. ..Category: Criminal Law | Date: | Hits: 141
Controller of Examinations, University of Dhaka and others Vs. Mahinuddin & ors, 1992, 21 CLC (AD)
....the University or members of any authority thereof. The Chancellor may constitute such a Commission with competent persons from another University or from some other Organisation or Department of the Government. But the learned Judges of the High Court Division Confused the Enquiry Commission under ......minees who did not challenge it is sustainable in law. Obvious answer is in the negative. Parties will bear their own cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 305. ..Category: Constitutional Law | Date: | Hits: 169
Qazi Karnal Vs. Rajdhani Unnayan Kartripakha and another, 1992, 21 CLC (AD)
.... he did not possess any residential house or land in his name or in the name of his wife, children, dependants or in benami within the greater Dhaka city area either being allotted by DIT or by any Government Housing Estate or by Board of Revenue or through purchase or inheritance. Final allotme......ng of the High Court Division that respondent No. 4 had sworn a false affidavit is also unwarranted in view of the fact that it was not obligatory upon him to appear in the Rule Nisi on receipt of service of the Rule and in view of the fact that he has no occasion to peruse the respondents' affi..Category: Property Law | Date: | Hits: 110
State Vs. Montu alias Nazrul Haque & others, 1992, 21 CLC (AD)
....sent: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J State, represented by the Solicitor, Ministry of Law & Justice, Government of Bangladesh................... Appellant. Vs. Montu alias Naz......ntu is directed to surrender to his bail bond to serve out the sentence now imposed on him. Criminal Petition No. 30 of 1988 is disposed of in terms of Criminal Appeal No. 2 of 1989. Ed. ..Category: Criminal Law | Date: | Hits: 93
Bangladesh Freedom Fighters Welfare Trust and another Vs. Md. Momtazul Hossain, 1992, 21 CLC (AD)
....ry of the Trust. The order was purported to have been made under the following sub-rule (1) of Rule 7 of the Bangladesh Freedom Fighters' Welfare Trust (Head Office) Service Rules 1979, framed by the Government in exercise of powers conferred by Article 16 of PO No. 94 1972- "7. (1) The service ...... appeal is dismissed. The Constitution (Seventh Amendment ) Act, 1986 (Act I of 1986) The General Clauses Act ,1897 (Act X of 1897), Section 6 When the impugned order of termination from service was not passed under Martial Law or any Martial Law Regulation the same was not protected ju..Category: Employment/Service Law | Date: | Hits: 93
Bashir Ahmed Vs. Bangladesh Jute Mills Corporation and others, 1992, 21 CLC (AD
....ager of People's Jute Mills at Khulna on grounds of misconduct. Leave was granted by us to see whether the High Court Division duly considered the questions raised in the writ petition namely, the Government Servants (Discipline and Appeal) Rules, though applicable to the appellant's case, were ......es came to the conclusion that the appellant is also responsible for the loss caused to the Mills. As to the Deputy Manager, who was Agency‑in Charge at Kanaipur, he, was dismissed from service and about seven other employees were also found guilty and given minor punishment. 9..Category: Employment/Service Law | Date: | Hits: 67
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