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Chairman, Bangladesh Telephone and Telegraph Board Vs. Mohammad Toufique & ors, 2006, 35 CLC (AD)

....e joined Bangladesh Telegraph and Telephone Board (BTTB) as Assistant Divisional Engineer in 1981 and from time to time was promoted to various posts and lastly was transferred as Director (current charge) Phones, Dhaka Telecommunication Region (North), Dhaka on 07.10.2001 and that some lands an......paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. The order of status quo passed on 07.08.2005 vacated. Ed. ..

Category: Others | Date: | Hits: 97

Bangladesh Krishi Bank Vs. A.F.M. Farid Uddin and others, 2006, 35 CLC (AD)

....dent No.1. It is not disputed that the order of promotion of the respondent No.1 to the post of Deputy General Manager was issued by the Managing Director. 8. It appears from Annexure 3 that charge was framed by a deputy General Manager of Head Office of the Bank under order of the compet......he impugned order of compulsory retirement of the Respondent No.1 and as such the same requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ..

Category: Administrative Law | Date: | Hits: 90

Ali Asgar Khan Vs. Md. Anwarul Islam, 2006, 35 CLC (AD)

....t. 2. Short facts are that the plaintiff-respondents who were employees of the Supreme Court of Bangladesh (High Court Division) were dismissed from the services by order dated 25.07.1996 on charge of gross misconduct. During the pendency of their appeals before the Hon'ble Chief Justice t...... suit from the trial court and transferring the same to its own file for trial and disposal and this requires interference by us. The appeal is allowed without any order as to cost. Ed. ..

Category: Employment/Service Law | Date: | Hits: 76

Sonali Bank Vs. Md. Sirajul Hoque Chowdhury and others, 2006, 35 CLC (AD)

....nd 2 the Bank by its sanction letter dated 16.7.1995 allowed loan of Tk. 5,00,000/- by way of Cash-Credit (hypothecation) and Tk.30,00,000/- by way of Cash-Credit (pledge) and the loanees executed charge-documents in favour of the Bank, that proprietors (defendant Nos. 3 and 4) of M/s. Chowdhury......has quite legally filed the suit impleading the defendant Nos. 3 and 4 as the defendants along with others. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ..

Category: Banking Law | Date: | Hits: 129

A. Motaleb Howlader Vs. State, 2006, 35 CLC (AD)

.... 28 on the spot from the place of occurrence with unauthorised arms in their possession and another case under Arms Act was started and that the present case being investigated the police submitted charge sheet against the accused petitioner and others and that the petitioner being a sitting cha...... while passing the impugned judgment and order. We do not therefore find any reason to sustain the attack. 7. The petition, under the aforesaid circumstance, stands dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 47

Md. Saidur Rahman Shahid Vs. State, 2006, 35 CLC (AD)

....ourt Division in Criminal Revision No. 546 of 2003 summarily rejecting the application filed under section 435 read with section 439 of the Code of Criminal Procedure. 2. The petitioner was charge sheeted in a case under section 302/34 of the Penal Code now pending in the court of the Chi......he accused petitioner could not show any illegality or irregularity in the judgment and order of the High Court Division and as such the application for leave to appeal is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 102

State Vs. Khandker Zillul Bari and other, 2006, 35 CLC (AD)

....dgment and order passed by the High Court Division on 9th April, 1996in Criminal Appeal No.193 of 1994 allowing the appeal and thereby acquitting the accused respondent Khandker Zillul Bari of the charge under section 302/34and 201 /34 of the Penal Code. 2. Criminal Appeal No. 13 of 1998 ......gainst them. In default, the District Magistrate concerned shall take step for effecting their arrest to undergo the sentences. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 77. ..

Category: Criminal Law | Date: | Hits: 129

Abdus Salam Vs. Samala Bibi and others, 2008, 37 CLC (AD)

....oresaid G.R. Case is not maintainable against him as the same is barred under the law and the Magistrate upon hearing enlarged the petitioner on bail and fixed the date for hearing as to framing of charge. 4. Against the aforesaid proceeding of G.R. Case, the accused-petitioner moved the H......nations offered for condonation of delay are far from satisfactory. 10. In the aforesaid premises, this petition merits no consideration. Accordingly, it is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 37

Government of the People's Republic of Bangladesh Vs. Md. Fariduddin Talukder, 2008, 37 CLC (AD)

....5226 of 2000 making the Rule absolute. 2. Short facts are that the petitioner was elected as Chairman of Nazirpur Union Parishad, Upazilla-Muladi, District-Barisal and he had taken over the charge of the Union Parishad on 26.01.1998. While he was performing his official functions and publ......ground to interfere with the judgment of the High Court Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in:  61 DLR (AD) (2009) 111. ..

Category: Civil Law | Date: | Hits: 104

State Vs. Omar Ahmed, 2008, 37 CLC (AD)

....ty with the respondent, proprie­tor of 'Omar and Sons' Bazar Road. Barisal over the contract business of Barisal Central Jail. 3. The police on completion of investiga­tion submitted charge sheet under section 302/34 of the Penal Code against 5 accused persons including the respond...... are of the view that the High Court Division was not justified in transferring the case from Druta Bichar Tri­bunal, Barisal to Khulna. The appeal is accordingly allowed. Ed. ..

Category: Criminal Law | Date: | Hits: 41

Ramesh Chandra Barman and others Vs. Sree Sree Iswar Kalachan Jieu Thakur & Another, 2008, 37 CLC (AD)

....4244 of 2005 and the Civil Petition No. 97 of 2007 is di­rected against the judgment and order dated 19.7.2006 passed in Civil Revision No. 4654 of 1998. In all the civil revisions the Rules were discharged. 2. In respect of the above Civil Petition Nos. 95 and 96 of 2007 facts in short are tha......o the decision of the High Court Division does not call for any interference. The petitions are dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 24, 19 BLT (AD) (2011) 07. ..

Category: Civil Law | Date: | Hits: 111

Capt. Mir Mazharul Huq Vs. Bangladesh Biman Corporation And Others, 2008, 37 CLC (AD)

.... of Bi­man Corporation they did so" and thereupon held there was no illegality in exercising the power. 8. On the aforesaid observation and find­ing the High Court Division discharged the Rule. 9. Leave was granted for consideration of the submission that Bangladesh...... The appeal is allowed with the afore­said direction to the Respondents. There is no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 21. ..

Category: Employment/Service Law | Date: | Hits: 79

Alauddin Bhuiyan (Md) Vs. State, 2008, 37 CLC (AD)

....ficer entrusted him with the responsibility of holding inves­tigation subsequently. He completed the investigation work and thereafter, on obtain­ing sanctions orders of the Government, submit­ted charge sheet on 3-10-1990 against the accused person under section 409 of the Penal Code and under s......nd the allegations leveled against him. 7. In view of above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. ..

Category: Anti-Corruption Laws | Date: | Hits: 90

Sahera Khatun & others Vs. Abdur Rahim SK and another, 2008, 37 CLC (AD)

.... the Assistant Commissioner (Land), Mirza­pur, continuation of the proceeding of Com­plaint Case No. 520(1) of 1995 amounts to an abuse of the process of the Court. 5. The High Court Division discharged the Rule upon observing "An analysis of the different laws regarding the meaning of the term......try. In the background of the discussions made hereinabove, we find no merit in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 21. ..

Category: Criminal Law | Date: | Hits: 48

Abdus Salam Mollah Vs. State, 2008, 37 CLC (AD)

.... also disclosed name of the six other dacoits including Abdus Salam Mollah. Over the said incident information was lodged with the police station at Modhukhali. 10. On completion of investigation, charge sheet was submitted against 8 (eight) accused persons. In due course the records were receive......trial Court and affirmed by the High Court Division. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ..

Category: Criminal Law | Date: | Hits: 63

Abdul Motalib Vs. Iman Ali Mollah and others, 1990, 19 CLC (AD)

.... Court and the lower appellate Court correctly decided the issue of limitation. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 123. ...... Court and the lower appellate Court correctly decided the issue of limitation. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 123. ..

Category: Procedural Law | Date: | Hits: 119

Mahmudun Nabi (Md) Vs. Mafizur Rahman Manju and others, 1989, 18 CLC (AD)

....is connection still his liability to the Upazila Parishad contin­ues. This point is now well-settled that the retire­ment of the partner is not effective unless and until other partners agree to discharge him of possible lia­bility and a public notice is given under section 72. 21. Thus the qu......lt, therefore, this appeal is allowed and the judgment and order of the High Court Divi­sion is set aside without any order as to cost. Ed. This Case is also reported in: 42 DLR (AD) (1990) 120...

Category: Election Law | Date: | Hits: 134

Nur Mohammad Vs. Badruddoza Chowdhury and anr., 1990, 19 CLC (AD)

....of taking oaths on 10.7.1988. It is an admitted fact that first installment of payment of loan was due on 31st March, 1987 but respondent No.1 did not pay that installment. The High Court Division discharged the Rule after holding that the repayment of the loan means repayment of the entire loan and......erefore, this appeal is allowed and the judgment and order of the High Court Divi­sion is set aside without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 116 ..

Category: Election Law | Date: | Hits: 124

Comilla Electric Sup­ply Ltd. Vs. Commissioner of Income Tax, Chittagong Zone, 1982, 11 CLC (AD)

....Income Tax Authority was perfectly correct in making the assessment. In the result, therefore, this appeal is dismissed with costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 112. ......Income Tax Authority was perfectly correct in making the assessment. In the result, therefore, this appeal is dismissed with costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 112. ..

Category: Fiscal/Taxation Law | Date: | Hits: 80

Sree Shushil Ranjan Dutta Vs. Al-Haj Moulvi Idris Mia, 1986, 15 CLC (AD)

....result, therefore, these appeals are al­lowed. The judgment and order of the High Court Division are set aside. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 110. ......result, therefore, these appeals are al­lowed. The judgment and order of the High Court Division are set aside. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 110. ..

Category: Procedural Law | Date: | Hits: 84