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Syed Mohammad Salem Azam and others Vs. Secretary, Ministry of Works, Govt. of BD, 1995, 24 CLC (AD)
.... Mustafa Kamal J Latifur Rahman J Syed Mohammad Salem Azam and others.................................Appellants Vs. The Secretary, Ministry of Works, Government of Bangladesh and others ....Respondents Judgment June 26th, 1994. ...... order of respondent No. 1 dated 9.11.93 is set aside as being without lawful authority and of no legal effect. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 38 ..Category: Property Law | Date: | Hits: 62
Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)
....e Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afazl J Mustafa Kamal J Latifur Rahman J Grihayan Limited.........................Appellant Vs Government of Bangladesh, through the Secretary, Ministry of Public Works and Urban Development, Ban......s, park, internal roads (some as large as 40 feet wide), shopping centre, Community Centre, Commercial area, etc. How can it be said that the Kartripakkha was offering a better and more comprehensive service within easy access to the appellant's allottees within the layout area? The word 'public int..Category: Property Law | Date: | Hits: 79
Engineer Afsaruddin Ahmed Vs. State, 1995, 24 CLC (AD)
....rict. The Ministry of Relief allotted seven hundred CI sheets for distribution, free of charge, to individual families and educational institutions affected by the devastating flood of that year. The Government while making the allotment requested the appellant and the Upazila Chairman, co‑accused......found to have acted rightly observing that the proceeding against him cannot be quashed. In the result, the appeal is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 10 ..Category: Criminal Law | Date: | Hits: 76
Babul Kanti Das and others Vs. Abul Hashem and others, 1995, 24 CLC (AD)
....extent of pulling down the entire roof of the building within the time and upon conditions directed by the trial Court. Ed. This case is also reported in: 47 DLR (AD) (1995) 06 ......ssed by the trial Court in which it was stated that the notice to show cause and to maintain status quo upon defendant Nos. 1‑5 had been returned to‑day (i.e. on 28.10.90) after proper service upon them. This order however does not help the appellants as it only shows that the writ ..Category: Civil Law | Date: | Hits: 106
Col. Md. Hashmat Ali (Retired) of Bangladesh Army Medical Corps Vs. Bangladesh, 1995, 24 CLC (AD)
.... MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Col. Md. Hashmat Ali (Retired) of Bangladesh Army Medical Corps .............Appellant Vs. Government of Bangladesh and other .......................Respondents Judgment Augus......nbsp; MH Rahman J: The appellant was commissioned on 1 April 1954 in the Army Medical Corps. He got the substantive rank of Colonel on 12 March 1976. On secondment his service was placed at the disposal of the Ministry of Health and Family Planning from 19 April 1974..Category: Constitutional Law | Date: | Hits: 203
Khaledur Reza Chowdhury (Md) Vs. Saleha Begum and others, 1996, 25 CLC (AD)
....t and order are set aside and the order dated 6-2-93 passed by the learned Subordinate Judge in Title Suit No.415 of 1984 is restored. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 209. ......erstand and comprehend the nature and connection of the two suits. The later suit, as we have already noticed, is an involuntary one thrust upon the appellant because of a technical failure to effect service of summons and notices upon defendant No.5. The filing of the second suit is good enough pun..Category: Property Law | Date: | Hits: 59
AKM Mayeedul Islam Vs. Bangladesh Election Commission and others, 1996, 25 CLC (AD)
....ot on the grounds stated in the impugned judgment, but on the ground that the writ petition was not maintainable. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 230; 48 DLR (AD) (1996) 208 ......ot on the grounds stated in the impugned judgment, but on the ground that the writ petition was not maintainable. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 230; 48 DLR (AD) (1996) 208 ..Category: Election Law | Date: | Hits: 133
Haji Kasimuddin Mandal Vs. Md. Jalaluddin Pramanik, 1996, 25 CLC (AD)
....der of the High Court Division and restore the judgment and decree of the Court of Small Causes, Bogra. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 305, 48 DLR (AD) (1996) 205 ...... of Taka 25.00 per month for a period of 4 years ending in 1976. Subsequently, the tenancy was extended on enhancement of rents till the defendant started defaulting in payment of rents necessitating service of notice under section 106 of the Transfer of Property Act on the defendant on 10 October 1..Category: Tenancy Law | Date: | Hits: 87
Bangladesh Shipping Corporation and other Vs. Rakibuddin Ahmed and others, 1996, 25 CLC (AD)
....Bimalendu Bikash Roy Choudhury J Bangladesh Shipping Corporation ……………………….. Appellant [In Civil Appeal No. 18 of 1994] Government of Bangladesh………………….…….P......artmental proceeding be drawn up if found fit and proper. In pursuance of the order the plaintiff was reverted to the Corporation as Secretary. On the same day, at the instance of the Minister, his services were terminated under Regulation 12(a) of the Bangladesh Shipping Corporation (Service) R..Category: Employment/Service Law | Date: | Hits: 77
Collector of Customs, Chittagong and Others Vs. Ahmed Hossain and 39 Others, 1996, 25 CLC (AD)
....s of the case of A Hannan briefly. There was a scarcity of sugar in the country in 1984. Sugar could not be imported then without prior permission from the Chief Controller of imports and Exports. Government by a public notice dated 3-10-1984 allowed import of sugar under the Wage Earner’s...... above, we do not find it necessary to grant leave. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 253, 48 DLR (AD) (1996) 199 ..Category: Business or Commercial Law | Date: | Hits: 126
BD National Curriculum and Text-Book Board and other Vs. AM Shamsuddin & ors, 1996, 25 CLC (AD)
.... Latifur Rahman J Md. Abdur Rouf J Bangladesh National Curriculum and Text-Book Board…………. Appellant (In Civil Appeal Nos. 76 & 77 of 1993) Government of Bangladesh, represented by the Secretary, Ministry of Law & Justice, Parliamentar......sued by the petitioner offended the ordinary law of the land which could not be permitted by invocation of the right to freedom of speech and expression. The petition was accordingly dismissed. ..Category: Intellectual Property Law | Date: | Hits: 279
Abdus Satter (Md) Vs. Bangladesh and others, 1996, 25 CLC (AD)
....ave been passed without lawful authority and of no legal effect. The appeal is allowed without costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 64, 48 DLR (AD) (1996) 180 ......reason for cancellation of the sanctioned plan and direction to demolish the building have been given without any statutory basis. 5. The respondents have not entered appearance in spite of service of notice. 6. Heard Mr. Shamsul Haque Siddique, learned Advocate-on-Record for the a..Category: Business or Commercial Law | Date: | Hits: 136
Fazle Karim and others Vs. Government of Bangladesh and others, 1995, 24 CLC (AD)
.... (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Fazle Karim and others…………………………………... Petitioners Vs. Government of Bangladesh and others……………………..Other Parties Judgment January ...... appreciation of the plaintiffs case (and of the defendants also) the decision will turn only on one question, namely, whether the acquisition of the plaintiffs’ land was illegal for want of proper service of notices as required under the law. Accordingly, leave was granted to consider whether..Category: Property Law | Date: | Hits: 80
Sec, Internal Resources Div., Min. of Finance & Chair, Vs. Nasrin Banu & 5 ors., 1996, 25 CLC (AD)
....h temporary Benches it was visualized that their ten may have to be lengthened. They were paid from the Revenue Budget. Many of them have crossed the limit of 30 years disentitling them from future Government service. At the time of their appointment all formalities including newspaper publicatio......e total work force to an additional 1110 employees. On 7.12.91 all the writ petitioners were informed by a notice from the Taxes Appellate Tribunal that there was n possibility of continuing their services beyond 14-1-92 (Annexure B). Though their posts were abolished due to abolition of tempora..Category: Constitutional Law | Date: | Hits: 161
Abdur Rahim @ Md. Abdur Rahim Vs. State, 1996, 25 CLC (AD)
....ivision in revision as aforesaid in which the impugned order was passed. 4. It was submitted before the High Court Division that (1) the learned Special Judge acted illegally in not addressing the Government immediately on receipt of the complaint as to sanction as required under section 6(5) of ......ed Senior Special Judge will now proceed in accordance with law and in the light of the observation made above. Ed. This case is also reported in: 48 DLR (AD) (1996) 167, 49 DLR (AD) (1997) 51. ..Category: Anti-Corruption Laws | Date: | Hits: 92
Wazed Ali Sardar (Md) Vs. Md. Afsaruddin Sardar and others, 1996, 25 CLC (AD)
....igh Court Division is liable to be set aside. In the result, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 159 ......ether the High Court Division was justified in interfering in revision with a finding of fact made by the trial Court in a proceeding under Order IX rule 13 of the Code of Civil Procedure as to non-service of summons upon the appellant. 2. Respondent No. 1 tiled Title Suit No.5 1 of 1970 ..Category: Procedural Law | Date: | Hits: 133
Jahangir Kabir (Md) Vs. BD, represented by The Secretary, Ministry of Home Affair, 1996, 25 CLC (AD)
....dministrative Appellate Tribunal in Appeal No. 75 of 1991. The appellant while acting as a Director of Fire Service Civil Defence and Rescue Service was placed on suspension under Rule 11(I) of the Government Servants (Discipline and Appeal) Rules, 1985 herein after referred to as the said Rules,......was framed against under Rules 3(b) and 3(d) of the aforesaid Rules, is alleged corruption and misconduct by a Deputy Secretary, Ministry of Home Affairs, alleging the appellant entered into service showing that he passed BA Examination, but, in fact, he did not pass the BA Examination. Th..Category: Administrative Law | Date: | Hits: 138
Abul Bakar Siddique (Md) Vs. Additional Deputy Commissioner, Kurigam and others, 1996, 25 CLC (AD)
....ntiff’s suit. The plaintiff being aggrieved by the impugned judgment of the High Court Division is seeking leave to appeal before us. 2. The plaint case is, that Bhadrapara Adarsha Non-Government Primary School was established in 1973 at the initiative of one Ashraf Ali who by a reg......the impugned judgment and order of the learned Single judge of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 154 ..Category: Property Law | Date: | Hits: 63
Abdur Rashid Sarker Vs. Government of Bangladesh and others, 1996, 25 CLC (AD)
....hellip;………………………………………………… Appellant-Petitioner Vs. Government of Bangladesh and others …………………&hellip......ent: Latifur Rahman J: Petitioner Abdur Rashid Sarker who was an Executive Engineer in Public Works Department, Ministry of Works was compulsorily retired from his service with all pension benefits by order dated 2-3-86. He challenged this order of compulsory re..Category: Administrative Law | Date: | Hits: 107
AGM, GM Office, Postal Life Insurance Dhaka and another Vs. Sheikh Mizanur Rahman, 1996, 25 CLC (AD)
....g, inter alia, that the respondent forcibly occupied the government quarter without any allotment order and he was again and again asked to vacate but on his failure to do so proceedings under the Government Servants (Discipline and Appeal) Rules, 1976 was taken against him and after observing a......t him the said quarter but he was asked to vacate the same; that he was placed under suspension and an Enquiry Officer was appointed and on the basis of his report he was compulsorily retired from service on 20 that he preferred a departmental appeal on 11-8-85 but the same was dismissed and the..Category: Administrative Law | Date: | Hits: 122