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Md. Abdul Jabbar Vs. Governor, Bangladesh Bank and ors., 1998, 27 CLC (AD)
....lary from the date of his dismissal to the date of his resumption of duty," be restored. There shall be no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 471. ......order was made upon a wrong assumption that the plaint did not contain any prayer for the said relief. Such an erroneous assumption of material fact amounts to an error apparent on the face of the record calling for a review of the order. 7. Mr. Md. Aftab Hossain, learned Advocate-on-Reco......d the decisions of the courts below and decreed the suit declaring that the order of dismissal dated 5th October, 1976 was without any lawful authority and void, and that the plaintiff was still in service. The Single Bench further directed the defendants to "allow the plaintiff to resume h..Category: Employment/Service Law | Date: | Hits: 83
M/s. Shahjhan Enterprise Ltd. Vs. Meghna Petroleum Ltd. and others, 2001, 30 CLC (AD)
....n allowing the appeal and dismissing the suit. There is therefore no merit in this appeal and the same is accordingly dismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 455.......strued the evidence of P.W 2 and erred in holding that he was not Mutwalli of the Dhaka Nawab Waqf Estate at the relevant time. Secondly he submits that in view of oral and documentary evidence on record which was either misread or misconstrued the High Court Division erred in holding that no re......wab Khawja Habibullah Bahadur inducted defendant No. 1 M/s. James Finlay and Company Limited as a monthly tenant at a rental of Tk. 25/- per month. Defendant No. 1 started business of Petrol Pump and service station on the land as a Dealer of M/s. Burmah Oil Company and then Standard Vacuum Oil Co..Category: Tenancy Law | Date: | Hits: 149
Janata Bank Vs. Md. Mofazzal Hossain and others, 1997, 26 CLC (AD)
....accordance with regulation 28 of the Service Regulations. In the result, the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 453. ......he charge shall be entitled to cross-examine the accused and the witnesses examined in his defence. Provided that the inquiry Officer or the Board of inquiry may, for reasons to be recorded in writing refuse to call a particular witness or to summon or admit a particular ......ondent No. 1 who was promoted to the rank of Senior Principal Officer in 1983 was acting as Manager of the Janata Bank, Principal Branch, Satkhira till 17 November, 1988 when he was dismissed from service following a departmental proceeding for misconduct. The charge-Sheet, the appointment of th..Category: Employment/Service Law | Date: | Hits: 70
Md. Shamsul Huda Vs. Bangladesh and others, 1999, 28 CLC (AD)
....gment and decree dated 16,7.91 of the High Court Division without any order as to costs and restore those of the trial court. Ed. This Case is also Reported in: II ADC (2005) 440. ......the ex parte decree the plaintiff of O.C. Suit No. 35 of 1969 started other Execution Case No.22 of 1969 and obtained a kabala executed Through Court on 31.7.72 and also got his name mutated in the record of right and on payment of rent got dakilas and also realised rents from the tenants of the......gment and decree dated 16,7.91 of the High Court Division without any order as to costs and restore those of the trial court. Ed. This Case is also Reported in: II ADC (2005) 440. ..Category: Property Law | Date: | Hits: 23
Bangladesh Vs. Md. Shajahan, 1999, 28 CLC (AD)
....ontentions raised at the Bar are identical by this common judgment we dismiss both the appeals without any order of costs. Ed. This Case is also Reported in: II ADC (2005) 411. ......urrender possession of the building nor the possession of the same was ever taken over by the Government and that the owner was in physical possession of the building on mutation of his name in the record of right and on payment of rent and taxes to the authority and as such the High Court Divisi......ontentions raised at the Bar are identical by this common judgment we dismiss both the appeals without any order of costs. Ed. This Case is also Reported in: II ADC (2005) 411. ..Category: Property Law | Date: | Hits: 23
Most. Hamida Vs. Md. Majibur Rahman , 2002, 31 CLC (AD)
....mpugned judgment and order of the High Court Division is set aside and the suit for ejectment is decreed. No order is made as to costs. Ed. This Case is also Reported in: II ADC (2005) 408.......id Bhuiyan and another, 1985 (AD) BLD 77; Md. Ayub Ali vs. Jahanara Shirin 1986 BLD (HCD) P.93. Lawyers Involved: Mahmudul Islam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-record - For the appellant. Dr. Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Ad......mpugned judgment and order of the High Court Division is set aside and the suit for ejectment is decreed. No order is made as to costs. Ed. This Case is also Reported in: II ADC (2005) 408...Category: Tenancy Law | Date: | Hits: 175
Export Promotion Bureau and another Vs. Md. Nazmul Hossain and others, 2004, 33 CLC (AD)
....f the powers conferred by section 20 of the Ordinance was published in the Bangladesh Gazette on 24.9.1991 as such the proceedings under Government Rules and Ordinance was authorized. ....... 12. The writ petitioner filed an appeal to the appellate authority, Commerce Minster on 14.11.1990 which has accepted by its Secretary on that date with an endorsement thereon to call for records and to take steps for compromise and to put up the case on 12.12.1990. 13. Thereaft......ining in Dhaka office was not legally entitled to any salary or benefits etc. particularly when he had admittedly carried on his occupation of business in Canada since his dismissal from service, the High Court Division was wrong in directing refund of all the entitlements and bac..Category: Employment/Service Law | Date: | Hits: 105
Chairman, B.R.T.C. Vs. Nooruddin & Ors., 1998, 27 CLC (AD)
....ree appeals are allowed without any order as to cost. The impugned judgments and orders of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 388. ......ree appeals are allowed without any order as to cost. The impugned judgments and orders of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 388. ......short is that they were the employees of the appellant, Bangladesh Road Transport Corporation, who by a circular dated 14.5.92 offered its officers/employees/workers voluntary retirement from service on payment of all dues and entitlements. The writ petitioners conveyed their willingne..Category: Employment/Service Law | Date: | Hits: 66
Bangladesh Vs. Chowdhury Tanbir Ahmed Siddiky, 1997, 26 CLC (AD)
....y order as to costs. The judgment and order of the High Court Division be set aside and the order of the trial court be restored. Ed. This Case is also Reported in: II ADC (2005) 283. ......l the last day of the agricultural year, next following the date of the publication of the notification under sub-section (2) section 43 of chapter V of the Act. 5. Meanwhile preparation of records of rights under Chapter IV and thereafter, of compensation assessment rolls under Chap......y order as to costs. The judgment and order of the High Court Division be set aside and the order of the trial court be restored. Ed. This Case is also Reported in: II ADC (2005) 283. ..Category: Property Law | Date: | Hits: 43
ACKO Industries and Cold Storage Ltd. and another Vs. Pubali Bank Ltd. & others, 1997, 26 CLC (AD)
.... order of the High Court Division and direct the High Court Division to register the appellants appeal preferred before him. Ed. This Case is also Reported in: II ADC (2005) 380. ...... order of the High Court Division and direct the High Court Division to register the appellants appeal preferred before him. Ed. This Case is also Reported in: II ADC (2005) 380. ...... order of the High Court Division and direct the High Court Division to register the appellants appeal preferred before him. Ed. This Case is also Reported in: II ADC (2005) 380. ..Category: Civil Law | Date: | Hits: 87
Hussain Muhammad Ershad Vs. Bangladesh and others, 2000, 29 CLC (AD)
....are hereby directed to return the passport to the appellant immediately. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 371, 7 BLC (AD) 67, 2001 BLD (AD) 70.......ns of the Bangladesh Passport Order without considering that the impugned action was taken in violation of mandatory requirements of Article 7(4) of the Bangladesh Passport Order, 1973 which mandates recording in writing a brief statement of the reasons for impounding the passport and as such the im......are hereby directed to return the passport to the appellant immediately. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 371, 7 BLC (AD) 67, 2001 BLD (AD) 70...Category: Constitutional Law | Date: | Hits: 208
Mohammed Abdul Naim Vs. Chairman, Board of Directors, Sonali Bank, 1997, 26 CLC (AD)
....l factual basis for taking a differential view in this particular case. The appellant's submission that the plea of defect of party was taken after 6 years at the appellate stage does not hold good. The respondents took this objection at the first available opportunity. It is therefore......li Bank, the Managing Director and other officials of the Bank by whose action the petitioner was specifically aggrieved were made parties and therefore the error apparent on the face of the record is the failure to see that there has been a substantial compliance of the requirement ......y this Division on the following reasoning's:- "Under Section 4(2) of the said Act the jurisdiction of the Administrative Tribunal can be invoked only by a person in the service of the Republic or in the service of a statutory public authority. In other words, hi..Category: Administrative Law | Date: | Hits: 124
Monzur Rahman Khan Vs. Mst. Tahera Parvin and others, 2003, 32 CLC (AD)
....ainable against her and the appeal must fail. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 367. ......that the Heba was not completed inasmuch as no possession was delivered to the Donee (the respondent No. 1). This finding of fact though concurrent but it is contrary to evidence on record; the perusal of evidence of D.W.1 will shown that the gift was validly made, and the respond......ainable against her and the appeal must fail. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 367. ..Category: Property Law | Date: | Hits: 33
Mossammat Khursheda Jahan Vs. Jahan Syada Shafinaz and others, 2002, 31 CLC (AD)
....xecuted in favour of the pre-emptee appellants. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is Also Reported in: II ADC (2005) 365. ......xecuted in favour of the pre-emptee appellants. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is Also Reported in: II ADC (2005) 365. ......cultural tenant is transferred, one or more co-sharer tenants of such land may apply to the court for such portion or share to be transferred to himself or themselves within four months of the service of notice and in case no notice has been issued then within four months from the date of kn..Category: Property Law | Date: | Hits: 35
Sufia Khatun Vs. Amin Hossin Mondal and others, 2005, 34 CLC (AD)
....ade hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 360. ...... have no cause of action to file the suit. The case of the contesting defendants was that defendant No. 1 took settlement of the land from Bishnupada and got possession, that the land was wrongly recorded in the name of the defendant No. 3 Parichan Bibi and as such Title Suit No. 616 of 19......ade hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 360. ..Category: Property Law | Date: | Hits: 37
Dr. Md. Rashidul Islam Vs. Morsheda Parveen, 2005, 34 CLC (AD)
....dant has been living at Mohammadpur in Dhaka where she has been working as a school teacher and her elder son is admitted in class-1 in the school where she has been serving and she has been taking good care of her sons and the plaintiff did not take care of his sons and paid no money for their ......e defendant's further contention is that she has means to maintain her two sons and hence the present suit is liable to be dismissed. 4. The trial court in consideration of the materials on record decreed the suit and the court of appeal affirmed the judgment and decree passed by the tria......ustified such departure. The High Court Division further held that the welfare of the minors would be better protected in the custody of the mother as she did not take a second husband and she took service in a School where first son was admitted for proper education. Accordingly, the High Court ..Category: Family Law | Date: | Hits: 161
Md. Akkas Ali Biswas and others Vs. Ashit Kumar Mojumder and others, 2005, 34 CLC (AD)
....ivision is set aside. The plaint of Title Suit No. 152 of 1997 of the Court of the Senior Assistant Judge, Rajbari stands rejected. Ed. This Case is also Reported in: II ADC (2005) 253. ......m any infirmity and the High Court Division in its turn did not commit any error in discharging the rule. 10. We have considered the submissions made at the Bar and perused the materials on record. The learned Advocate for the respondents strenuously argued that the plaintiff respond......ivision is set aside. The plaint of Title Suit No. 152 of 1997 of the Court of the Senior Assistant Judge, Rajbari stands rejected. Ed. This Case is also Reported in: II ADC (2005) 253. ..Category: Procedural Law | Date: | Hits: 75
Mobinnessa and ors. Vs. Khalilur Rahman & ors., 1985, 14 CLC (AD)
....ion confirming that of the lower Appellate Court is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 216. ......aded as a party, for a person having any interest or share in the disputed property cannot be avoided by simply branding him a stranger………….(7) On the face of the record the plaintiff appellants were necessary parties to the partition suit but were left out. In ......y failed to prove his prima facie title to the suit land by any settlement, that three of the defendants having died and others having left the country before the filing of the suit, the purported service of notice upon them was a clear fraud, that the plaintiffs of the present suit who got shar..Category: Property Law | Date: | Hits: 40
Begum Khodeza Akhter Vs. Hajera Khatun & ors., 1985, 14 CLC (AD)
....limitation and other as to partial pre-emption, have been finally decided in favour of the Pre-emptors. No order as to costs. Ed This Case is also Reported in: 37 DLR (AD) (1985) 212. ......rred from claiming pre-emption. But there is neither any specific finding by any of the three Courts including the High Court Division on this question, nor is there any sufficient evidence on record to determine it. Paradoxically the question as to separation of jama was first raised, not ......limitation and other as to partial pre-emption, have been finally decided in favour of the Pre-emptors. No order as to costs. Ed This Case is also Reported in: 37 DLR (AD) (1985) 212. ..Category: Property Law | Date: | Hits: 35
Ketaki Ranjan Deb Vs. State, 1983, 12 CLC (AD)
....ied in accordance with the provision of President's Order No.50 of 1972. In the result the appeal is dismissed. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 210. ......ied in accordance with the provision of President's Order No.50 of 1972. In the result the appeal is dismissed. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 210. ......ied in accordance with the provision of President's Order No.50 of 1972. In the result the appeal is dismissed. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 210. ..Category: Criminal Law | Date: | Hits: 51
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