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Rajib Kamrul Hasan and 3 others Vs. State, 2001, 30 CLC (AD)

....lip;………………(24 & 25) Cases Referred to- State vs Abdul Mannan, 44 DLR (AD) 173, MG Rabbani and another vs Government of Bangladesh, 31 DLR (AD) 163. Lawyers Involved: Abdul Mal...... and sentence are maintained. Criminal Appeal No.31 of 1999 is allowed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 50. ..

Category: Criminal Law | Date: | Hits: 72

Secretary, Ministry of Establishment Vs. A M Nurunnabi, 2001, 30 CLC (AD)

.... Latifur Rahman CJ.- This civil petition for leave to appeal by the Secretary, Ministry of Establishment, Government of Bangladesh is directed against the judgment and order dated 31-5- 2000 passed by the ......The respondent instituted the case for a declaration that the notification dated 6-6-1996 passed by the Government is void, illegal and without lawful authority and that the period of absence from service of the respondent from 1-10- 82 to 5-6-96 shall be treated as spent on duty and he is entit..

Category: Administrative Law | Date: | Hits: 117

Bangladesh Biman Corporation and others Vs. Md. Tipu Sultan & others, 2001, 30 CLC (AD)

....n made herein before the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001)31. ......ined seniority has referred to the decision AIR 1982 (SC) 1064. In the reported case it has been observed: “Even otherwise, when a statutory rule governing seniority is issued in respect of a service, the said rule would govern the personnel in the service with effect from the date of its ..

Category: Employment/Service Law | Date: | Hits: 63

DG, Prisons & others Vs. Md. Nasim Uddin, 2001, 30 CLC (AD)

....out request helped this Division in the proper disposal of this matter. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 30. ......ed a report to appellant No. 2 Deputy Inspector General of Prisons who without any second show cause notice and without giving any opportunity to the respondent to defend himself dismissed him from service by order dated 4-11-1992. Respondent then preferred an appeal to appellant No. 1 who dismi..

Category: Administrative Law | Date: | Hits: 137

Government of Bangladesh Vs. Chairman, Court of Settlement and others, 2001, 30 CLC (AD)

....CJ Bimalendu Bikash Roy Choudhury J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Government of Bangladesh, represented by the Secretary Ministry of Works.......Petitioner ......imitations. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 26. ..

Category: Property Law | Date: | Hits: 61

Miah Lutfi Hossain Kasru and others Vs. Bangladesh, 2001, 30 CLC (AD)

.... Miah Lutfi Hossain Kasru and others................................ Petitioners Vs. Bangladesh represented by the Secretary Ministry Local Government & others............ Respondents Judgment M......o consideration. Both the petitions are dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 25. ..

Category: Election Law | Date: | Hits: 111

Board of Intermediate & Secondary Education Vs. Md. Mirajul Alam, 1995, 24 CLC (AD)

.... that he appeared in the Higher Secondary Certificate Examination of 1993 in Commerce Group under the Board of Secondary and Higher Secondary Education, Rajshahi bearing Roll No. Pab‑788 from Government Edward College, Pabna and he came out unsuccessful in the Examination. Upon obtaining m......dvanced by Mr. Majumder. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 41, 47 DLR (AD) (1995) 167 ..

Category: Constitutional Law | Date: | Hits: 182

Shaikh Mustainul Haque Vs. Inspector General of Police and others, 1995, 24 CLC (AD)

.... is allowed. The Administrative Tribunal Act, 1980 (VII of 1981), section 4(2) The Police Officers (Special Provisions) Ordinance, 1976 (LXXXIV of 1976), section 7A A revision lies to the Government under section 7A of the Ordinance from the Appellate order. Thus the appellant cannot go ......ated 11 August 1992 passed by the Administrative Tribunal, Dhaka in AT Case No. 328 of 1989. 2. Appellant, a Sub‑Inspector of Police, while on leave preparatory to retirement was dismissed from service, following a departmental enquiry, by order dated 2.8.1988 passed by the Deputy Inspector Ge..

Category: Administrative Law | Date: | Hits: 111

Superintending Engineer and others Vs. Kazi Asaduzzaman and others, 1995, 24 CLC (AD)

....e his father died and his ancestral home in Jessore District was devastated by cyclone. He reported for duty on 1.10.77 but came to learn that by the order dated 25.4.77 he had been discharged from Government service with effect from 1.7.76. He applied for a copy of the order of discharge which h......r died and his ancestral home in Jessore District was devastated by cyclone. He reported for duty on 1.10.77 but came to learn that by the order dated 25.4.77 he had been discharged from Government service with effect from 1.7.76. He applied for a copy of the order of discharge which he received..

Category: Property Law | Date: | Hits: 124

Director (Est. & Admin.) T & T Board, Tele Com Building Vs. Hasan Ahmed & anr, 1995, 24 CLC (AD)

....u for that. He was placed under suspension by an order dated 3.5.1988 on the allegations of misconduct and breach of office discipline. Thereafter he was served with charges under Rule 3(b) of the Government Servants (Discipline and Appeal) Rules, 1985 on 13.6.1988 bringing allegations on four h......asem Ahmed Bhuiyan filed an application under section 4(1) of the Administrative Tribunal Act. 1980 for a declaration that the order of the appellant dated 31.11.1988 compulsorily retiring him from service was illegal, malafide and invalid and that he was still in service. 3. The case of..

Category: Administrative Law | Date: | Hits: 138

Abu Taleb Vs. Government of Bangladesh, 1995, 24 CLC (AD)

.... Present: ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Md. Ismailuddin Sarker J Abu Taleb.................................................................Appellant Vs. Government of Bangladesh, represented by the Secretary, Ministry of Civil Aviation and Tourism and a......se of the Administrative Tribunal, Dhaka dated 27.10.88 dismissing the appellant's AT Case No.22 of 1988 filed against the order dated 2.1.88 passed under the order of the President retiring him from service under section 9(2) of the Public Servants (Retirement) Act, 1974 (Act XII of 1974), briefly ..

Category: Administrative Law | Date: | Hits: 175

Special Reference No. 1 of 1995, 24 CLC (AD)

....ssain, Khondkar Mahbubuddin Ahmed and Rafiqul Huq." 7. We have been informed just now by the learned Attorney‑General that Mr. Asrarul Hossain has been given special assignment to represent the Government in this matter. The learned Attorney‑General has, however, offered that he will be avai......o win improved wages and working conditions from management. US law distinguishes between primary and secondary labour boycotts. A primary boycott is the refusal of employees to purchase the goods or services of their employers, and a secondary boycott involves an attempt to induce third parties to ..

Category: Constitutional Law | Date: | Hits: 248

Shameen Vs. Government of Bangladesh & others, 1995, 24 CLC (AD)

....preme Court Appellate Division (Civil) Present: MH Rahman CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J Shameen…………………………..........Appellant Vs. Government of Bangladesh & others.........Respondents Judgment March 14, 1995. Result: T......l is allowed, but without any order as to costs. The detenu be released forthwith, if not wanted in connection with any other case. Ed. This case is also reported in: 47 DLR (AD) (1995) 109. ..

Category: Criminal Law | Date: | Hits: 75

Lt. Col. (Retd) Nazimuddin Ahmed Vs. Bangladesh and Others, 1995, 24 CLC (AD)

....ng to him; and that his appointment was neither without jurisdiction nor without lawful authority and, as such, the power under section 21 of the General Clauses Act, 1897 was not available to the Government, once the appellant joined the service and acquired a vested right. 3. The commo......tition No.3181 of 1991). Judgment: M H Rahman CJ: The appellant retired from military service on 29 June, 1983 on completion of about 15 years of active service at the age of about 36 y..

Category: Employment/Service Law | Date: | Hits: 117

C Q M H Md. Ayub Ali Vs. Bangladesh and others, 1995, 24 CLC (AD)

....o.668 of 1988 should not be declared to have been made/passed without lawful authority, etc. 4. The case of the appellant, briefly, is that the disputed house was originally allotted by the Government to one Md. Zahooruddin under memo dated 12.6.1962 followed by a proper deed of conveyan......ied upon and further that there has been a failure of fair trial in the Court of Settlement which arrived at its conclusion in violation of the principles of natural justice. ..

Category: Property Law | Date: | Hits: 86

Bangladesh Parjatan Corporation, Dhaka Vs. AKM Abul Kalam, 1995, 24 CLC (AD)

....scharged from the service of the Corporation. 3. In exercise of the powers conferred by Article 21 of the Bangladesh Parjatan Corporation Order, 1972 (President's Order No. 143 of 1972). The Government framed the Bangladesh Parjatan Corporation Service Rules. 1980, on 12.11.80 which were ...... respondent submitted a reply to the charge‑sheet on 14.5.86. Thereafter he was given a second show cause notice dated 12.6.86 asking him to show cause why he shall not be dismissed from the service of the Corporation for corruption and misconduct. He submitted a reply to the second show c..

Category: Employment/Service Law | Date: | Hits: 134

Bangladesh Road Transport Corporation Vs. Aminur Rahman & another, 1995, 24 CLC (AD)

..... 7. In the circumstances, we do not think it to be a fit case for interference. The Petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 66 ......Rule absolute and declaring Memo dated 17.12.1990 issued by respondent petitioner No. 2. The Chairman Bangladesh Road Transport Corporation, removing petitioner‑respondent No. 1 from service to be without lawful authority and of no legal effect. 2. Respondent No. 1 who at th..

Category: Employment/Service Law | Date: | Hits: 101

Bangladesh Vs. Dr. Dhiman Chowdhury and others, 1993, 22 CLC (AD)

....�……………………………Appellant Vs. Dr. Dhiman Chowdhury and others.........................Respondents Judgment August 9, 1993. Cases Referred to- Abdul Latif Mirza vs Government of Bangladesh, 31 DLR (AD) 1; State of Bombay vs. Atma Ram, AIR 1951 (SC) 157; East Pakis......ing lecture in the Bandar Institute for the orientation of new employees as part of his job he was summoned by the Chairman of the Port Authority over phone and handed over an order retiring him from service under section 9(2) of the Public Servants (Retirement) Act, 1974 effective from the same dat..

Category: Constitutional Law | Date: | Hits: 185

Quazi Din Mohammad Vs. Al_haj Arzan Ali and another, 1995, 24 CLC (AD)

....(b) and 28(a) of the Specific Relief Act. In the result, the appeal is dismissed without, however, any costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 48. ......sell the property to the respondent. He, however; admitted that he had decided to leave the country during the days of his mental stress and strain, but explained that when he was reinstated in his service there was no necessity to leave the country by selling away his house, His further case wa..

Category: Property Law | Date: | Hits: 69

Sova Rani Guha alias Sova Rani Gupta Vs. Abdul Awal Mia and others, 1995, 24 CLC (AD)

....nder section 44 of the Transfer of Property Act, 1882 and section 4 of the Partition Act, 1893 the plaintiffs being stranger purchasers are not entitled to get any possession. She paid rent to the Government and tax to the municipality but the dakhilas and tax‑receipts were looted during d......er entitlement under section 4 of the Partition Act, .1893 was not at all satisfactory. The appeal is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 45 ..

Category: Property Law | Date: | Hits: 51

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