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Aminul Islam Vs. Mr. Tawhid Ahmed Siddique and others, 2004, 33 CLC (AD)
.... made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 306. ......nt Engineers directly recruited by the Authority (Viz. not including those promoted from the lower ranks) must pass the Departmental Examination in Part I with in 2 years from the date of their appointment, in special cases, however, where owing to the exigencies of service or such othe..Category: Employment/Service Law | Date: | Hits: 72
Narayan Chandra Sarker Vs. Abdur Rahman, 2001, 30 CLC (AD)
....t filed an application praying for returning the plaint of S.C.C Suit No. 2 of 1989 in the Court of Senior Assistant Judge, Sadar, Dinajpur on the ground mentioned in this application. At the time of hearing of this appeal it come out that the plaintiff has a difficult case to sustain in th...... prayed for. In view of the aforesaid submission the appeal is, accordingly disposed of without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 197. ..Category: Procedural Law | Date: | Hits: 95
Chairman and another Vs. Md. Sakhawat Hossain and others, 2004, 33 CLC (AD)
....aving been acquitted of the charge made against him he under section 3 of the Public servants (Dismissal On conviction) Ordinance, 1985 is entitled to be reinstated to his original post held at the time of suspension and (dismissal order that is Assistant General Manager (General Service) of Tha......ch leave was obtained by the appellants is of no merit. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: 1 ADC (2004) 192. ..Category: Employment/Service Law | Date: | Hits: 83
Md. Saiful Islam Vs. Md. Abdur Rahim and other, 2004, 33 CLC (AD)
....r words ¼ area of No. 4 Saltia Union parishad was made part of Gafargaon Municipality and there by said area ceased to be the area of No. 4 Saltia Union Parishad. The Respondent No. 1 at the time of creation of the Gafargaon Municipality was acting as the Nikah Registrar of No. 4 Sa......ia Union parishad wherein Respondent No. 1 was acting as the Marriage Registrar, that after the establishment of the Gafargaon Municipality the Government by the Memo, dated March 2, 2000 approved appointment of the appellant as temporary Nikah Registrar of 3 wards (including the area of No. 4) ..Category: Civil Law | Date: | Hits: 95
State Vs. Abdus Satter and others, 2004, 33 CLC (AD)
....nder sections 148/149/325/326/302/114 of the penal Code. They are waiting for trial in Sessions case No.120 of 1993, before the Court of 3rd Additional Sessions Judge, Dhaka. 5. In the meantime 7 witness were examined in the case and thereafter on 14.05.1998 when S.M. Zillur Rahman ......the Respondents on bail in the interest of justice, the trial court will be competent to make appropriate order as regard them. Ed. This Case is also Reported in: 1 ADC (2004)184. ..Category: Criminal Law | Date: | Hits: 35
State Vs. Md.Tuku Biswas, 2002, 31 CLC (AD)
....Magura on 2.10.1986 at 12-30 P.M. Police upon investigation submitted charge sheet against 12 accused out of whom two convicts accused Tuku Biswas and Fashiur Rahman Mola remained absconding at the time of trial. Upon trial respondent No.1 was convicted under section 396/34 of the Penal Code......s. The accused respondent, if meanwhile apprehended be set at liberty, if not wanted in any other connection. The appeal is allowed. Ed. This Case is also Reported in: 1 ADC (2004) 182. ..Category: Criminal Law | Date: | Hits: 49
Bangladesh Water Development Board Vs. M/s Zakir Construction & Co., 2000, 29 CLC (AD)
....n the parties. As a result the matter was referred to sole Arbitrator Mr. Justice Moksumul Hakim for arbitration as per terms of the contract. Justice Hakim proceeded with the arbitration for some time but then he declined to continue and accordingly Mr. Md. Moksudur Rahman was appointed an Arbi......refore no merit in this appeal and the same is liable to be dismissed. The appeal is accordingly dismissed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 160. ..Category: Civil Law | Date: | Hits: 89
Bangladesh Vs. Abdul Wahab Mia and others, 1998, 27 CLC (AD)
....writ petitioner respondents submits that a property which has been requisitioned as far back as in 1959/60 for the purpose of permanent acquisition cannot by kept hanging for such a long time when it involves a right to property of a person as contemplated under Article 42 of the Const......the appeal is allowed without any order as to costs. Civil Petition No. 220 of 1997 is also disposed of in terms of the appeal. Ed. This Case is also Reported in: 1 ADC (2004) 153. ..Category: Property Law | Date: | Hits: 29
Government of Bangladesh and ors. Vs. Sree Sree Luxmi Janardhan Jew Thakur & ors, 2000, 29 CLC (AD)
....eave was granted to consider the same. To meet the objection of the learned advocate of the writ petitioner respondents that they were not plaintiffs in T.S. No.36 of 1955 learned Attorney prayed for time and time was allowed to him to produce the certified copy of the plaint and or relevant page of......ide. In the result both the appeals are allowed without any order as to cost and impugned judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 149...Category: Tenancy Law | Date: | Hits: 148
Government of Bangladesh Vs. Shamsuddin Ahmed, 2003, 32 CLC (AD)
....eview petition was rejected by Memo, dated 13-1-94. The respondent was then posted to the Finance Division as Senior Assistant secretary which was equivalent to the position he was holding at the time of his removal. The respondent's batch mates numbering 25 were holding the post of Joint Secret......wing arrear salary to the respondent is affirmed and the order allowing pro forma promotion to him is disallowed. Ed. This Case is also Reported in: 1 ADC (2004) 144. ..Category: Administrative Law | Date: | Hits: 138
Mostafizur Rahman & 5 others Vs. Government of Bangladesh and 5 others, 1997, 26 CLC (AD)
....uties and taxes livable on the said consignment on the basis of the enhanced tariff value introduced by the notification dated 10.3.90. Nothing was, however, done in the matter and in the meantime different chambers of commerce and Industry submitted representations to respondent ......t could be decided in a proper case. For the above reasons all these appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 141. ..Category: Fiscal/Taxation Law | Date: | Hits: 199
Secretary, Ministry of Environment & Forest, Bangladesh Vs. Shaha Md. Nurul Islam, 2002, 31 CLC (AD)
....orbed in the Ministry of Establishment and at their order worked in different Ministries as Section Officer. He was permanently absorbed in the Ministry of Agriculture on 27.2.1986. In the meantime the writ petitioner passed different examinations as required under the departmental rules and.......689 of 1995 challenging order dated 18.12.1994. 3. Before the High Court Division the present appellant entered appearance and filed affidavit-in-opposition and their case is that the appointment of the respondent was irregular and he was illegally absorbed in the year 1986. Their ..Category: Administrative Law | Date: | Hits: 95
Shamsu Miah and others Vs. Government of Bangladesh, 2002, 31 CLC (AD)
....e respondents No.1 that signatures appearing in the papers relating to the allotment were denied by the concerned officials upon affirming affidavit before the Notary Public. 5. At the time of hearing of the writ petitions it was submitted from the side of the respective writ p...... of those and the Annexure (f), copy of which was not made available to the writ petitioners. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 109. ..Category: Property Law | Date: | Hits: 27
Abdul Hai and others Vs. Atar Islam and others, 2004, 33 CLC (AD)
....that Ibrahim left the profession. The petitioner on 05.05.1990 learnt that the suit was decreed ex parte on 23.08.1999. The further case of the petitioner was that he was sick at the relevant time and as such could not appear and contest the suit. It appears that the trial court disbelieved......egal infirmity in the judgment of the High Court Division. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 107. ..Category: Procedural Law | Date: | Hits: 84
Gazi Gaiasuddin Vs. Bangladesh Power Development Board and other, 2002, 31 CLC (AD)
....ntend to award would be compulsory retirement and lastly it was contended that since enquiry proceeding in the light of the provision of Rule 143(4) of the Rules was not completed with in the time specified in the rule i.e. with in the period of 3 months from the date of framing of the char...... under the signature of the respondent No.3 is declared to have been passed without lawful authority. There is no order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 103. ..Category: Employment/Service Law | Date: | Hits: 69
Raushan Akhter @ Moharaji Bibi and others Vs. Khandakar Mosharraf Hossian & Ors, 2004, 33 CLC (AD)
....the date of service of service thereon. The Court appeal below, however, concurred with the finding as to limitation but illegally relied upon the statement of the learned Advocate in Court at the time of argument together with the fact that the respondent No.1 had filed an application under ord......appellants for the ground on which the leave was granted this appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 100. ..Category: Property Law | Date: | Hits: 30
Md. Shamir @ Shamir Khan and others Vs. State, 2002, 31 CLC (AD)
....nd others came to Latif’s father-in-law's house and ordered Latif to follow them. Seeing this Shaheed informed the villagers who came for the rescue of the victim and a fight started. At that time appellant Sohrab dealt a Sore blow on the nabal of Rafique causing bleeding injury and appella...... period of imprisonment already undergone with a fine of Tk. 1,000/- each in default to suffer imprisonment for one month more. Ed. This Case is also Reported in: 1 ADC (2004) 89. ..Category: Criminal Law | Date: | Hits: 78
Dhaka University Vs. Gias Kamal Chowdhury and others, 2001, 30 CLC (AD)
....unced to be held by notification dated 25.6.1997 and Graduates of Dhaka University were asked to be enrolled by 31st July, 1997. By successive notifications the present appellants extended the time of registration of Graduates as voters without showing any reason whatsoever. Respondent No.1 ......al and the same is accordingly dismissed without cost. Connected Civil petition for leave to Appeal No. 9 of 2001 is also dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 71. ..Category: Civil Law | Date: | Hits: 98
Arun Karmakar Vs. State, 2002, 31 CLC (AD)
....ending before such court-martial or Commissioners respectively' (e) that a prisoner within limits be removed from one custody to another for the purpose of trial; and (2) The Supreme Court from time to time, frame rules to regulate the procedure in cases under this section; (3) Nothing in t......n the result, this appeal is allowed setting aside the impugned judgment and order of the High Court Division. Ed. This Case is also Reported in: I ADC (2004) 63; 8 MLR (AD) 162; 7 BLC (AD) 61. ..Category: Criminal Law | Date: | Hits: 34
Md. Khoka Mollah Vs. State, 2002, 31 CLC (AD)
....judgment and according to law the connected appeal itself was to be filed within 30 days. 4. According to the appellant, since the trial was held in his absence he could not prefer the appeal in time as prescribed by the Special Law and as such after arrest procuring the copy of the judgment ......asons and discussions made above, we find no merits in this appeal and as such, it is dismissed accordingly. Ed. This Case is also Reported in: 1 ADC (2004) 57; 22 BLD (AD) 229; 8 BLC (AD) 176. ..Category: Criminal Law | Date: | Hits: 47
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