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Serajuddin Bepari & ors Vs. Mizanur Rahman & ors, 1977, 6 CLC (AD)

....t which sits on Fridays but it had been granted permission to  sit on Tuesdays on which day the Noapara hat sits, and this had been done in violation of the ins­tructions contained in the Government Estate Manual and this amounts to the creation of a new hat. A new hat could not be esta...... must claim, inter alia, a legal right, and allege an injury which is not ordinarily reparable by monetary compensation; with these observa­tions, these petitions are dismissed. Ed. ..

Category: Civil Law | Date: | Hits: 106

Bangladesh Small Industries Corpora­tion, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)

....9; Dr. Bool Chand Vs. Chancellor, Kuruskhetra University, AIR 1968 SC 292; Tariq Transport Company Vs. Sargodha-Bhera Bus Service 11 DLR (SC) 140=PLD 1958 (SC) Pak 437; Messrs Faridsons Ltd. Vs. Government of Pakistan; 13 DLR (SC) 233 = PLD 1961 (SC) 537 ; The Chief-Commissioner, Karachi Vs. M......spondent was first appointed on a tem­porary basis as a Deputy Director under the appellant which was then called 'East Pakistan Small Industries Corporation' and he was con­firmed after 2 years of service and attached to the Yarn Distribution Cell and on 14-9-72 he was entrusted with certain duti..

Category: Employment/Service Law | Date: | Hits: 170

Managing Direc­tor, Janata Bank Vs. Hafijuddin Ah­med and others, 1977, 6 CLC (AD)

....he learned Single Judge of the High Court Division held that the condition of the service of the respondent No. ; were not governed by the law of Master and Servant and that he is to be treated as Government Servant entitled to the benefits under the Constitution and that he had a legal right to......rade-II Officer (2nd officer) in Janata Bank, Munshiganj Branch on 19-12-1973  is  illegal, ultra vires, void, inoperative and not binding on him and for a declaration that he still is in service as Grade-H Officer under the Mana­ging Director, Janata Bank, Head Office, Dacca. The ..

Category: Employment/Service Law | Date: | Hits: 70

A.K.M. Muklesur Rahman Vs. Govt. of Bangla­desh, 1977, 6 CLC (AD)

....he Rules of Business which are obviously circuitous. The opinion of the Law Officer namely, the Attorney-General be­ing the basis for further prosecution of any appeal in case of failure of the Government to obtain success in any matter, we are unable to appreciate the rules of business whic...... forthwith. We cannot, therefore, agree that the reasons shown by the petition for condona­tion of delay are at all satisfactory. The petition is, accordingly, dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 69

Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)

....in L.A. Case No. 73 of 1959-60 under sub-section (1) of section 93A of the Town Improvement Act, 1953 (hereinafter called the Act) and acquired under clause (a) of sub-section (4) of section 93A by Government Order No. 1516-Reqn. dated 3-10-1963. 2. The Additional Deputy Commissioner Dacca......rder as to costs the decision of the High Court is set aside and the case is sent back to the High Court Division for treating the matter as an appeal and dispose it of accordingly. Ed. ..

Category: Property Law | Date: | Hits: 135

Abul Layes Vs. Mst. Anwara Khatun & legal representatives: Abu Sayed Ahmed & ors, 1977, 6 CLC (AD)

....him to vacate the suit premises. It is to be noted here that the impugned order against which the Writ Petition was filed was passed on the ground that the property in ques­tion was forfeited to the Government under section 75A of the State Acquisition and Tenancy Act. The Government treated the tr......ises. In the result, the appeal is allowed with costs althrough. The judgement of the High Court is hereby set-aside and those of the Trial Court and the first appellate Court are restored. Ed. ..

Category: Tenancy Law | Date: | Hits: 76

Hafez Abul Khair and another Vs. The State, 1977, 6 CLC (AD)

....dered. 12. In this connection two other cases of Indian Jurisdiction namely. Akam Sheikh and others Vs. Emperor of A.I.R, 1947 Cal. 35 and Ealaporla Saidulu Vs.  Hyderabad   Government A.I.R. 1953 Hyd. 249 may also be considered. In the case of Akam Sheikh and others vs. E...... 302/109 Penal Code. The accused shall continue in custody even after expiry of the sentence passed on them on the charge of collaboration. The appeal is, accordingly, disposed of. Ed. ..

Category: Criminal Law | Date: | Hits: 61

Ansar (Md) Chan Mia Vs. State, 2001, 30 CLC (AD)

....r and securing safety of life and property of every citizen who are crossing the river by ferry had taken the life of a young bus driver by firing shot from his rifle which was given to him by the Government for the purpose of maintenance of law and order” and that the driver was done to d......ife, on maintaining the conviction the convict under section 302 of the Penal Code.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 115. ..

Category: Criminal Law | Date: | Hits: 74

Government of Bangladesh Vs. Member, Administrative Tribunal, Dhaka and others, 2001, 30 CLC (AD)

....sp;                                Government of the Peoples Republic of Bangladesh represented by the Secretary, Ministry of Home Af......ication dated 31-3-1979 and ultimately rose to the rank of Additional Inspector General of Police by notification dated 1-3-1992. Thereafter on 4-9 1993 he was retired on completion of 25 years of service. On being aggrieved by the order retirement he filed the aforesaid Administrative Tribunal ..

Category: Administrative Law | Date: | Hits: 132

Abdus Sobhan Vs. Anwar Rahim & others, 2001, 30 CLC (AD)

....for our interference.   There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 110. ......Court decreed the suit on consideration of the evidence on record and it was found that there is no truth in the defence version of the case. The trial Court also found that there was no scope for service of summons of the earlier suit upon the predecessor of the present plaintiff and that the p..

Category: Property Law | Date: | Hits: 74

Syed Abdur Rahim Vs. Secretary, Ministry of Works, Government of Bangladesh & ors, 2001, 30 CLC (AD)

.... Mahmudul Amin Choudhury J Mainur Reza Chowdhury J Syed Abdur Rahim.............................................. Petitioner Vs. Secretary, Ministry of Works, Government of Bangladesh and others...........Respondents Judgment December 7, 2000......llegality in the judgment and orders passed by the High Court Division. The petitions are therefore dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 106. ..

Category: Constitutional Law | Date: | Hits: 138

Habibur Rahman Khan (Md) Vs. Bangladesh, represented by the Secretary & other, 2001, 30 CLC (AD)

....iculation Certificate.   5.  The submission for leave has no merit.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 105. ......ng the Rule in Writ Petition No. 5002 of 1997 against the retirement order issued by Administrative Division of Bapex, a Subsidiary Company of Petro Bangla by Memo dated 15-5-1996 retiring him from service with effect from 20-4-1993 when he attained the age of 57 years and adjusted salary and ot..

Category: Employment/Service Law | Date: | Hits: 71

Government of Bangladesh and others Vs. Md. Hafizur Rahman and another, 2001, 30 CLC (AD)

....sp;                                Government of Bangladesh and others............................. Petitioners   V.......   We accordingly dismiss the petition, the delay having been condoned.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 99. ..

Category: Property Law | Date: | Hits: 57

Mozibur Rahman Moznu (Md) Vs. Abdul Halim and others, 2001, 30 CLC (AD)

....dent No. 8 in the writ petition) elected Chairman, stating, inter alia, that election of No.3, Citholia Union Parishad was held peacefully in all Centres on 1-12-1997 except in the centre in Aloka Government Primary School Centre in Ward No.7 where the appellant with his unruly followers took a......ent and order of the Court Division is set aside and the writ is recalled.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 93. ..

Category: Election Law | Date: | Hits: 124

Government of Bangladesh and others Vs. Abu Musa, 2001, 30 CLC (AD)

....nt:   Mahmudul Amin Choudhury CJ   Mainur Reza Chowdhury J   Md. Gholam Rabbani J   Md. Ruhul Amin J   Government of Bangladesh and others.............. Appellants   Vs.  ......issued in the said Writ Petition stands discharged.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 77.   ..

Category: Business or Commercial Law | Date: | Hits: 99

Monir Ahmed and ors. Vs. Forest Research Institute, Chittagong and ors. 2001, 30 CLC (AD)

....p; 2. Petitioners filed the aforesaid partition suit alleging that one Kali Das Nath took settlement of 7.80 acres of land of the suit plot in Settlement Case No. 112 of 193 1-32 from the Government and after his death one Iqbal Begum purchased the said land on 29-10-1951 from his heirs......   The leave petition is dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 68.  ..

Category: Property Law | Date: | Hits: 80

Zaher Ahmed Vs. Manik Sardar, 2001, 30 CLC (AD)

.... suit.   In the result the appeal is allowed with cost.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 63. ......   6. Mr. SS Halder, learned Advocate for the appellant, submits that the learned Single Judge of the High Court Division fell in error of law in finding that there is no finding of service of notice by the learned SCC Judge without noticing that the respondent did not specificall..

Category: Property Law | Date: | Hits: 69

Abul Khair (Md) Vs. Pubali Bank Ltd and another, 2000, 29 CLC (AD)

....gned judgment and order. The submissions of the learned Advocate do not merit any consideration. The petition is dismissed. Ed. This Case is also Reported in:53 DLR (AD) (2001) 62.   ......mpulsory retirement was illegal and not binding upon him. 3. The defendant-bank filed an appiication for rejection of the plaint under Order 7 rule 11 and section 151 CPC stating, inter alia, that service of the plaintiff has no cause of action to file the suit to which the plaintiff filed a writ..

Category: Civil Law | Date: | Hits: 105

Government of Bangladesh Vs. Nurul Haque Miah and another, 2001, 30 CLC (AD)

....Afzal CJ   Mustafa Kamal J   Latifur Rahman J   Md. Abdul Rouf J   Bimalendu Bikash Roy Choudhury J   Government of Bangladesh represented by Secretary, Ministry of Establishment &another................tional Board of Revenue vide his Memo No. 3(27) Admin 3/76-453 dated 29-7- 1991 AD was illegal and without jurisdiction.   3. The case of respondent No. 1 is that, he joined the service as Agricultural Income Tax Officer, Cadre-II on 7-10-63 After the amalgamation of the Agri..

Category: Administrative Law | Date: | Hits: 93

Bangladesh Vs. Amela Khatoon and ors., 2001, 30 CLC (AD)

....nbsp;                         Cases Referred to-   Government of Bangladesh represented by the Secretary, Ministry of Works vs. Md Jalil and others, 4......pugned judgment.   The petition is dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 55 ..

Category: Property Law | Date: | Hits: 69