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Government of Bangladesh Vs. Md.Golam Rahaman Mallick, 1994, 23 CLC (AD)
.... Appellate Division (Civil) Present: Shahabuddin Ahmed CJ M.H. Rahman J A.T.M. Afzal J Mustafa Kamal J Latifur Rahman J Government of Bangladesh .............Appellant Vs Md.Golam Rahaman Mallick ................Responde......trative Tribunal is not maintainable as no review was filed as per Rule 23 of the Rules in this case. Hence, on this ground alone I allow the appeal as the case was not maintainable. Ed. ......tional Land Acquisition officer, Jessore was arrested on 6-3-83 in connection with Kalia P.S. Case No.5 of 1982 and was suspended on 29-4-83 with effect from 6-3-83 under Rule 73 of Bangladesh Service Rules, Part I. He was convicted by Summary Martial Law Court No. 19 in Summary Martial Law ......trative Tribunal is not maintainable as no review was filed as per Rule 23 of the Rules in this case. Hence, on this ground alone I allow the appeal as the case was not maintainable. Ed. ..Category: Criminal Law | Date: | Hits: 33
National Tea Company Ltd. Vs. Deputy Commissioner, Habiganj and ors, 2008, 37 CLC (AD)
....eement dated March 19, 1988 was not legal and the said action was taken without lawful authority. Accordingly, the appeal is allowed without any order as to costs. Ed. ......eement dated March 19, 1988 was not legal and the said action was taken without lawful authority. Accordingly, the appeal is allowed without any order as to costs. Ed. ......eement dated March 19, 1988 was not legal and the said action was taken without lawful authority. Accordingly, the appeal is allowed without any order as to costs. Ed. ...... right to grant lease of Balumohal inside the Tea Estate to outsider, that there was a meeting at the initiative of the Ministry of Land wherein Tea Garden owners and the representative of the Tea Association and the representative of the Ministry of Commerce were present and the Ministry of Lan..Category: Property Law | Date: | Hits: 43
Harun-or-Rashid (Md.) Vs. Pubali Bank Ltd. and others, 2008, 37 CLC (AD)
.... Vs. Pubali Bank Ltd. and others ................Respondents Judgment August 1, 2007. The Constitution of the People’s Republic of Bangladesh, 1972, Article 102 The Artha Rin Adalat Ain, 1990, Sections 6(1) and 7 ......h Court Division itself. The power of control and superintendence conferred on the High Court Division under Article 109 in relation to subordinate courts or tribunals is administrative in nature. Judicial power of review of the High Court Division can be exercised under Article 102 of the Cons&......accordingly, set aside. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 18. ......accordingly, set aside. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 18. ..Category: Banking Law | Date: | Hits: 157
Md. Salahuddin Khan Vs. Most. Halima Akhter Khatoon and others, 2008, 37 CLC (AD)
....urt Division allowed the appeal without considering that the properties in possession of the defendants are in danger of being wasted in as much as 'Ka' schedule properties are mortgaged with Arab Bangladesh Bank and 'Kha' schedule properties are mortgaged with House Building Finance Corporation......ct decision. The learned counsel could not point at any illegality or infirmity in the decision of the. High Court Division so as to call for interference. The petition is dismissed. Ed. ......ct decision. The learned counsel could not point at any illegality or infirmity in the decision of the. High Court Division so as to call for interference. The petition is dismissed. Ed. ......ct decision. The learned counsel could not point at any illegality or infirmity in the decision of the. High Court Division so as to call for interference. The petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 36
Belal Hossain Vs. Kazi Jane Alam & others, 2007, 36 CLC (AD)
....etition. On appeal in Election Appeal No.1 of 2003 before the learned District Judge and the Election Appellate Tribunal, Barisal considering a circular (being No.10 dated 14.05.2001) issued by the Bangladesh Bank and Sub-section 5 (ga) of Section 5 of the of Bank Company Ain, 1991 held that the o......the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in:......the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in:......the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in:..Category: Election Law | Date: | Hits: 162
Abdul Awal and others Vs. Narayan Chandra Das, 2008, 37 CLC (AD)
....nbsp; Mohammad Fazlul Karim J.- This application under Article 103 of the Constitution of the People's Republic of Bangladesh seeking Leave to Appeal is directed against the judgment and order dated 17.07.2004 pass......of justice. 10. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. ......of justice. 10. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. ......of justice. 10. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 28
Md. Imdad Hossain and others Vs. Bangladesh, 2008, 37 CLC (AD)
.... J Md. Hassan Ameen J Mr. Md. Imdad Hossain and others ................Petitioners (In both the cases) Vs. Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Posts and Telecommunications, Banglades......t no error was committed by the AAT in allowing the appeals and thereby in setting aside the judgment and order of the AT. Accordingly the petitions are dismissed. Ed. ......s filed by the Government represented by the Secretary, Ministry of Posts and Telecommunications. The appeals were heard together and the same were allowed upon holding "that Accountant Service is a cadre having three classes (a) Probationers (b) Junior Accountant (c) Senior Accountan......t no error was committed by the AAT in allowing the appeals and thereby in setting aside the judgment and order of the AT. Accordingly the petitions are dismissed. Ed. ..Category: Administrative Law | Date: | Hits: 125
State Vs. Md. Liton Miah @ Babu, 2008, 37 CLC (AD)
....o warrant our interference. This petition is also barred by 30 (thirty) days and the explanation for condonation is not satisfactory. Accordingly, this petition is dismissed. Ed. ......o warrant our interference. This petition is also barred by 30 (thirty) days and the explanation for condonation is not satisfactory. Accordingly, this petition is dismissed. Ed. ......o warrant our interference. This petition is also barred by 30 (thirty) days and the explanation for condonation is not satisfactory. Accordingly, this petition is dismissed. Ed. ......o warrant our interference. This petition is also barred by 30 (thirty) days and the explanation for condonation is not satisfactory. Accordingly, this petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 44
Abdul Mohit and others Vs. Social Investment Bank Ltd & ors., 2008, 37 CLC (AD)
.... Court Division stating, inter alia, that the Social Investment Bank Ltd. hereinafter called "the Bank" was incorporated under the Companies Act with 4 types of directors namely, Group-A Bangladesh sponsor directors, group-B foreign sponsor directors, Group-C Government nominated direc......terference with the impugned order. These appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 82. ......terference with the impugned order. These appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 82. ......allowing the appellants to attend the meeting of the Board of Directors and in Matter No.86 of 2001 the application was filed under section 95 read with Article 72 of the Memorandum of Articles of Association. 4. The matters have been contested by respondents stating, inter alia, that the..Category: Business or Commercial Law | Date: | Hits: 147
Md. Nurul Islam Bhuiyan and another Vs. Bangladesh, 2008, 37 CLC (AD)
.... Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J. Md. Nurul Islam Bhuiyan and another..... ...........Petitioners vs The Government of Bangladesh represented by the Deputy Commissioner, Netrokona and others.................................. of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. 11. In the aforesaid premises, we find no substance in this review petition. Accordingly, it is dismissed. Ed. ...... of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. 11. In the aforesaid premises, we find no substance in this review petition. Accordingly, it is dismissed. Ed. ...... of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. 11. In the aforesaid premises, we find no substance in this review petition. Accordingly, it is dismissed. Ed. ..Category: Property Law | Date: | Hits: 46
Joynab Begum and others Vs. Shaheb Ali Akunji & others , 2007, 36 CLC (AD)
....ain Singh vs. Gokul Chand Mahton AIR 1934 PC 68; Shankarlal Narayandas Mundade vs. New Mofussil Co Ltd AIR 1946 PC 97; Minhazuddin Talukdar vs. Abdul Jalil Howlader 3 MLR (AD) 58; Hafizur Rahman vs Bangladesh 47 DLR 583; Haq Brothers vs Shamsul Haque 39 DLR 290; Khurshid Ali vs Noorjahan Bewa 1 M...... Court Division being not sustainable is liable to be set aside. Accordingly the appeal is allowed with cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 14. ...... Court Division being not sustainable is liable to be set aside. Accordingly the appeal is allowed with cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 14. ...... Court Division being not sustainable is liable to be set aside. Accordingly the appeal is allowed with cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 14. ..Category: Property Law | Date: | Hits: 41
Noor-e-Alam Jahangir (Md), English Teacher, Rifles Pub School & College Vs. BD, 2008, 37 CLC (AD)
....or apparent on the face of the judgment sought to be reviewed. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 12. ......or apparent on the face of the judgment sought to be reviewed. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 12. ......o. 2, the Education Board, according to Rule 22 of the Board of Intermediate and Secondary Education Dhaka, (Managing Committee of the Recognised Non Government Secondary Schools) Regulations 1977 Service Regulation, the respondent Nos. 5-7 kept the matter pending and thereafter by letters dated......or apparent on the face of the judgment sought to be reviewed. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 12. ..Category: Employment/Service Law | Date: | Hits: 68
Rabeya Khatoon Vs. Bangladesh, 2008, 37 CLC (AD)
.... (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Rabeya Khatoon………….Petitioner Vs. Bangladesh, represented by the Deputy Commissioner and others......Respondents Judgment ......mity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 9. ......mity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 9. ......mity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 9. ..Category: Property Law | Date: | Hits: 37
Bangladesh and others Vs. Nawab Abdul Malik Jute Mills Ltd., 2007, 36 CLC (AD)
....rted in: 60 DLR (AD) (2008) 7. ...... error of law in making the Rule absolute and the same requires interference by us. Accordingly, the appeal is allowed with Costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 7. ...... error of law in making the Rule absolute and the same requires interference by us. Accordingly, the appeal is allowed with Costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 7. ...... error of law in making the Rule absolute and the same requires interference by us. Accordingly, the appeal is allowed with Costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 7. ..Category: Property Law | Date: | Hits: 46
Asaduzzaman (Md) Vs. Bangladesh, 1990, 19 CLC (AD)
....vision (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Asaduzzaman (Md).....................……………………………...Appellant Vs. Bangladesh, represented by the Secretary, Ministry of Law and Justice & others........Respon......maturely brought to an end. Whether his grievance is upheld or not, he cannot in any sense, be called a busybody. In Attorney General of the Gambia Vs. N' Jie 1961 (AC) 617 (634) it was held by the Judicial Committees of the Privy Council; "The words "person aggrieved" arc of wide import and ...... of in accordance with P.O. No. 26 of 1973 and the rules framed thereunder. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 144. ......ered a notification, issued on March 10, 1950, under section 15(2) (b) of the Indian Criminal Law Amendment Act, 1908 (as amended in 1950), declaring the "People's Education Society" as an unlawful Association on the ground that it was using its fund in actively helping the Communist Party in Madr..Category: Constitutional Law | Date: | Hits: 170
Rafiqul Alam (Md) Vs. Mustafa Kamal and others, 1990, 19 CLC (AD)
....ide the uncontested election of the appellant declared on 16 January 1988. A fresh poll is to be held for the Union Parishad. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 137.......e suit, but the High Court in appeal took a different view and held that the Civil Court's jurisdiction was not ousted by the Sea Customs Act and held that the suit was maintainable. In appeal to the Judicial Committee of the Privy Council by the defendant, Secretary of State, the Privy Council foun......ide the uncontested election of the appellant declared on 16 January 1988. A fresh poll is to be held for the Union Parishad. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 137.......ide the uncontested election of the appellant declared on 16 January 1988. A fresh poll is to be held for the Union Parishad. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 137...Category: Election Law | Date: | Hits: 173
Dr. Syed Matiur Rob Vs. Bangladesh and Others, 1989, 18 CLC (AD)
....ider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Dr. Syed Matiur Rob being dead his heirs Shamsun Nahar & others (in both the appeals) ……...Appellants Vs. Bangladesh and Others (in both the appeals)................................Respondents Judgment ......for making complete justice in a matter. In view of the above, we dismiss both the appeals, without making any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 126. ......for making complete justice in a matter. In view of the above, we dismiss both the appeals, without making any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 126. ......for making complete justice in a matter. In view of the above, we dismiss both the appeals, without making any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 126. ..Category: Property Law | Date: | Hits: 32
Sonar Bangla Service Station Vs. Government of the People's Republic of BD, 2006, 35 CLC (AD)
....ppellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Sonar Bangla Service Station…………………...Petitioner Vs. Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Works, Bangladesh Secretariat, Dhaka and other......doning the delay. 12. In the background of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: ......Accordingly the petition is dismissed. Ed. This Case is also Reported in: ......doning the delay. 12. In the background of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: ..Category: Limitation Law | Date: | Hits: 205
Sree Amulya Ratan Chowdhury& ors Vs. Sreemati Shaibalini Ghose & ors., 1998, 27 CLC (AD)
.... Hajee Abdus Sattar's case applied more in the present case because P.W.1 who deposed for the plaintiffs' admitted that they were inducted into possession by Sadananda Ghose after the liberation of Bangladesh and they paid rent to Shaibalini Ghose after the death of Sadananda till August, ....... In view of the discussion made above we find no way but to dismiss these appeals. 17. In the result, therefore, the appeals are dismissed without any order as to cost. Ed. ....... In view of the discussion made above we find no way but to dismiss these appeals. 17. In the result, therefore, the appeals are dismissed without any order as to cost. Ed. ....... In view of the discussion made above we find no way but to dismiss these appeals. 17. In the result, therefore, the appeals are dismissed without any order as to cost. Ed. ..Category: Property Law | Date: | Hits: 106
Md. Sadequr Rahman Vs. Munawar Jute Mills Ltd. and others, 2006, 35 CLC (AD)
....ound of maintainability. 2. Short faces are that the writ petitioner has been serving as an officer in the office of respondent No.1, Munawar Jute Mills Ltd. an enterprise of Bangladesh Jute Mills Corporation (BJMC) since 23.02.1981. By a letter dated 07.01.1998 respondent......d legal basis and as such not sustainable in law. The direction for refund is not legally sustainable. 14. The appeal is thus allowed without any order as to cost. Ed. ......d legal basis and as such not sustainable in law. The direction for refund is not legally sustainable. 14. The appeal is thus allowed without any order as to cost. Ed. ......d legal basis and as such not sustainable in law. The direction for refund is not legally sustainable. 14. The appeal is thus allowed without any order as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 84
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