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Government of Bangladesh Vs. Shamsuddin Ahmed, 2003, 32 CLC (AD)

....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. ......egal. The government appel­lant's Title Appeal No. 230 of 1980 was dis­missed on 11-12-85. The respondent was not allowed to resume his duties. He instituted a miscellaneous case in the trial court for a pro­ceeding for contempt of court whereupon the Government asked him to withdraw the said cas......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. ......oth the appeals). Judgment July, 2003. Cases Referred to- Pakistan vs. M/S A. B. Issacs, 22 DLR (SC) 371; Divisional superintendent, P.W.P. Karachi vs. Bashir Ahmad, PLD 1973(SC) 589. Lawyers Involved:  B. Hossain, Advocate-on-Record-For the appellant (In both the appeals). ..

Category: Administrative Law | Date: | Hits: 138

Mostafizur Rahman & 5 others Vs. Government of Bangladesh and 5 others, 1997, 26 CLC (AD)

....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. ...... on the date of opening of L/C was TK.150.00 per ream of 500 sheets in sheet size of the above description of cigarette paper as per S.R.O. No.144 dated 16.6.88. The tariff rate in respect of the aforementioned cigarette paper was increased to Tk. 200.00 per ream by S. R. O. No. 193 dated 15.6.8......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. ......Referred To- Collector of Customs, Chittagong and others Vs. A. Hannan 42 D.L.R (AD) 167; Collector of Customs, Chittagong and others vs. Ahmed Hossain and 39 others, 48 DLR (AD) 199. Lawyers Involved: Dr. Kamal Hossain Senior Advocate, instructed by Kazi Shahabuddin Ahmed, A..

Category: Fiscal/Taxation Law | Date: | Hits: 199

Secretary, Ministry of Environment & Forest, Bangladesh Vs. Shaha Md. Nurul Islam, 2002, 31 CLC (AD)

.... High Court Division in the afore­said writ petition is hereby set aside and the writ petition is dismissed as not maintainable. Ed. This Case is also Reported in: 1 ADC (2004) 139. ......act as Sub-Divisional Forest Officer. A gradation list was prepared and his position was numbered as 107 but he claimed that his position would be above 103 officers. Ultimately a list was prepared for pro­moting 12 officers in which the name of the petitioner did not find place. He made sev...... High Court Division in the afore­said writ petition is hereby set aside and the writ petition is dismissed as not maintainable. Ed. This Case is also Reported in: 1 ADC (2004) 139. ......and another Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs and others, 52 DLR (AD) 120; Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 44 DLR (AD) 111. Lawyers Involved: Abdur Razzaque Khan, Additional Attorney General (Faisal Hossain Khan, As..

Category: Administrative Law | Date: | Hits: 95

Md. Sirajuddin Vs. Mohibunessa and others, 2002, 31 CLC (AD)

....he appeal is allowed and the impugned judgment of the High Court Division is set aside. No order is made as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 136. ......s been granted by this division on 1.12.94 to consider as to whether the learned single judge of the High Court division was jus­tified or not in affirming the order of rejection of application for amendment of the plaint filed under Order 6 Rule 17 of the Code of Civil Procedure in Other Cla......he appeal is allowed and the impugned judgment of the High Court Division is set aside. No order is made as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 136. ......usain J Md. Sirajuddin........................Appellant. Vs. Mohibunessa and others…………..Respondents Judgment April 30, 2002. Lawyers Involved: Habibul Islam Bhuiyan, Senior Advocate, instructed by Md. Sajadul Huq, Ad..

Category: Property Law | Date: | Hits: 23

Abdul Hai and others Vs. Atar Islam and others, 2004, 33 CLC (AD)

....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. ...... 24.05.1992 passed by the learned Assistant Judge, Comilla Sadar, in Miscellaneous Case No. 35 of 1990. 2. Short fact are that the plaintiff-respon­dent field Title Suit No. 263 of 1986 for decla­ration of title and confirmation of possession and for permanent injunction on the a......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. ......M. M. Ruhul Amin J Abdul Hai and others....................Appellants Vs. Atar Islam and others ..................Respondents Judgment February 10, 2004. Lawyers Involved: Md. Amir Hossain, Advocate-on-Record-For Respondent No. 1. Not rep..

Category: Procedural Law | Date: | Hits: 84

Gazi Gaiasuddin Vs. Bangladesh Power Development Board and other, 2002, 31 CLC (AD)

.... 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. ......asking him to explain why disciplinary action under the Bangladesh Power Development Board (Employees) Service Rule, 1982, hereinafter referred in brief as the rules, would not be taken against him for negligence of duties and misconduct due to his failure to attain the target with reared to rec...... 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. ......med J Gazi Gaiasuddin......................Appellant Vs. Bangladesh Power Development Board and other...................Respondents Judgment May 21, 2002. Lawyers Involved: Ozair Farooq, Senior Advocate, instructed by, Sharifuddin Chaklader, Advoc..

Category: Employment/Service Law | Date: | Hits: 69

Raushan Akhter @ Moharaji Bibi and others Vs. Khandakar Mosharraf Hossian & Ors, 2004, 33 CLC (AD)

....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. ......in Preemption Miscellaneous Case No.28 of 1985. 2. The facts leading to the present appeal briefly are that the respondent No.1 as pre-emptor filed the above pre-emption case No. 28 of 1985 for preempting the land described in the schedule to the plaint on the allegations, inter alia, th......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. ......lam J Raushan Akhter @ Moharaji Bibi and others........Appellants Vs. Khandakar Mosharraf Hossian & Ors .......Respondents Judgment January 20, 2004. Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-..

Category: Property Law | Date: | Hits: 30

Md. Shamir @ Shamir Khan and others Vs. State, 2002, 31 CLC (AD)

.... 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. ...... upholding the convic­tion and sentence passed by the learned Sessions Judge, Rajbari in Session Case No. 1 of 1993 con­victing the sentencing the appellants to suffer rigorous imprisonment for five years under section 326 of the Penal Code and to pay a fine of Tk. 1,000/- each in defaul...... 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. ......J Abu Sayeed Ahammed J Md. Shamir @ Shamir Khan and others.........................Appellant Vs. The State........Respondent Judgment May 12, 2002. Lawyers Involved: A. B.  M.  Nurul Islam, Senior Advocate, instructed by Md. Afta..

Category: Criminal Law | Date: | Hits: 78

Dhaka University Vs. Gias Kamal Chowdhury and others, 2001, 30 CLC (AD)

....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. ...... the Petitioners (In Civil Petition No. 9 of 2001). Not repre­sented-Respondents. (In Civil Petition No. 9 of 2001). Civil Appeal No. 54 of 2001. With Civil Petition for Leave to Appeal No.9 of 2001. (From the judgment and order dated 12.7.2000 passed by the......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. ......d others, 34 DLR (AD) 146; Assessing Officer, Narayanganj Range & others Vs. Burma Eastern Limited, 1981 BLD (AD) 450; M. A. Hai Vs. Trading Corporation of Bangladesh, 40 DLR (AD) 2006. Lawyers Involved: Shafique Ahmed, Senior Advocate (Amirul Islam, Senior Advocate with him),..

Category: Civil Law | Date: | Hits: 98

Arun Karmakar Vs. State, 2002, 31 CLC (AD)

....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. ......nd order dated 12th December, 2000 passed by the High Court Division in Criminal Miscellaneous Case No. 6858 of 2000). Judgment Mohammad Fazlul Karim J.- This appeal by at the instance of the informant appellant was to consider the submissions as to (i) whether the Court Division is competent ......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. ...... Secretary, Ministry of Home Affairs and others, 42 DLR 297; Muthu Ibrahim's case, ILB 37 Mad 567; Sukhendra Chandra Das, 42 DLR 79, Bashu Dev Chatterjee V. Umme Salma and others, 51 DLR (AD) 238. Lawyers Involved: Probir Haider, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For t..

Category: Criminal Law | Date: | Hits: 34

Md. Khoka Mollah Vs. State, 2002, 31 CLC (AD)

....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. ......ial Tribunal Case No. 826 of 1994 arising out of Pallabi P.S. Case No. 6(5)794 by the Senior Special Tribunal Judge, Court No. 1, Dhaka no 30.03.1995 and sentenced him to suffer rigorous imprisonment for 7 years and to pay a fine of TK. 5000/- only, in default to suffer rigor­ous imprisonment for o......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. ......A of the Code of Criminal Procedure.........................(5) Cases Referred to- Shar Ali (Md) and others Vs. The State, 46 DLR (AD) 67; Alamgir Hossain Vs. The State 46 DLR (HC) page 630; Lawyers Involved: Md. Nowab Ali, Advocate-in-Record-For the appellant. Ex-parte-the respondent..

Category: Criminal Law | Date: | Hits: 47

Military Estate officer, Dhaka Cantonment Vs. Sk. Mohammad Ali and others, 2002, 31 CLC (AD)

....ed for. 9. There is, therefore, no merit in this appeal and the same is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 46. ......t fact leading to this appeal is that respondent as plaintiffs earlier instituted Other Class Suit 1977 against the present appellants and others in the Fist Court of Subordinate Judge, Chittagong for declaration of their right of perma­nent tenancy in the suit land with a further declara&sh......ed for. 9. There is, therefore, no merit in this appeal and the same is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 46. ...... Military Estate officer, Dhaka Cantonment, Dhaka and another..........Appellants Vs. Sk. Mohammad Ali and others..........Respondents Judgment April 24, 2002. Lawyers Involved: AJ Maohammad Ali, Additional Attorney, General, (Feroz Shah, Assistant At..

Category: Property Law | Date: | Hits: 31

Abdul Aziz Vs. Khaja Abdul Gani and others, 2003, 32 CLC (AD)

....ion 561 A of the Criminal Procedure Code. In view of the above the criminal appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 23. ......d and execute a sale deed on receiving balance of consideration money but he failed to do so. Ultimately the complainant came to know that the accused respondent is not the owner of the land. Therefore he asked the accused respondent to refund the entire money. Accordingly, on 25.3.1997 the accu......ion 561 A of the Criminal Procedure Code. In view of the above the criminal appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 23. ......and others..........Respondents Judgment August 13, 2003. Cases Referred To- 49 DLR (AD) page 132; Abdul Quader Chowdhury and others Vs. The State 28 DLR (AD) 38. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Appellant. Ataur Rahma..

Category: Criminal Law | Date: | Hits: 45

Golam Ambia Vs. Deputy Commissioner, Mymensingh and others, 2003, 32 CLC (AD)

....tridges which were seized by the impugned list to the petitioner immediately. Ed.         This Case is also Reported in: 1 ADC (2004) 13. ......4;মত/লাঃ/1(1)/13/99-397(66) dated 18.10.1999. 3. Subsequently, the appellant submitted repeated representations to the respondent No.1 the Deputy Commissioner, for return of his fire arms, live bul­lets along with valid licenses but without any result. Th......tridges which were seized by the impugned list to the petitioner immediately. Ed.         This Case is also Reported in: 1 ADC (2004) 13. ...... Golam Ambia..............................Appellant Vs. The Deputy Commissioner, Mymensingh and others......................Respondents Judgment August 26, 2003. Lawyers Involved: Mahbubur Rahman, Senior Advocate instructed by Md. Aftab Hossain, Advocat..

Category: Criminal Law | Date: | Hits: 40

Shahabuddin Chisti Vs. Rajdhani Unnayan Katripakhya and another, 2008, 37 CLC (AD)

....ned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009), 73; VI ADC (2009) 271. ......nt District Judge, 1st Court, Dhaka in Title Suit No. 99 of 1999 decreeing the same. 2. The facts of the case, in short, are that the plaintiff appellant instituted Title Suit No.99 of 1999 for declaration that the suit property is his personal property and that the suit property is not ......ned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009), 73; VI ADC (2009) 271. ......i Unnayan Katripakhya and another.........Respondents Judgment July 28, 2008. Case Referred To- Prof. Dr. Niaz Zaman Vs. Rajdhani Unnayan Kartipakkhya and others. Lawyers Involved: Khondker Mahbubuddin Ahmed Senior Advocate, instructed, by S.R. Khoshnabis..

Category: Property Law | Date: | Hits: 40

Abdur Noor Chowdhury Vs. State and another, 2007, 36 CLC (AD)

....rd and the law involved rejected the  application under section 561A Cr. PC summarily. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 268. ...... Lawyers Involved: Md. Khurshid Alam Khan, Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition for Leave to Appeal No. 113 of 2006. (From the judgment and order dated 23.1.2006 passed by......rd and the law involved rejected the  application under section 561A Cr. PC summarily. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 268. ......tate and another…………………..........Respondents Judgment October 29, 2007. Cases Referred To- 38 DLR 105; 19 BLD 461. Lawyers Involved: Md. Khurshid Alam Khan, Advocate, instructed by Mvi. Md. Wahidullah, Advoc..

Category: Criminal Law | Date: | Hits: 45

State Vs. Md. Firoj Ahmed, 2007, 36 CLC (AD)

....In the above facts and circumstances of the case we find no merit in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 263. ......dique, Deputy Attorney General instructed by Abu Sams Md. Khalequzzaman Advocate-on-Record-For the Petitioner. Sufia Khatun, Advocate-on-Record -For the Respondent. Criminal Petition for Leave to Appeal No. 296 of 2005. (From the judgment and order dated 24.07.2005 passed b......In the above facts and circumstances of the case we find no merit in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 263. ......Abdul Matin J The State ………………..Petitioner Vs. Md. Firoj Ahmed ............Respondent Judgment September 30, 2007. Lawyers Involved: Abu Bakker Siddique, Deputy Attorney General instructed by Abu Sams Md. Kh..

Category: Criminal Law | Date: | Hits: 37

Misir Ali and another Vs. State, 2007, 36 CLC (AD)

....shy;ment of the High Court Division calling for interference by this Court. In the result, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 258. ......ent Judgment November 15, 2007. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented- the Respondent. Criminal Petition for Leave to Appeal No.129 of 2006 (From the judgment and order dated 19.11.2003 passed by ......shy;ment of the High Court Division calling for interference by this Court. In the result, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 258. ......lip;……….............Petitioners Vs. The State…………………...Respondent Judgment November 15, 2007. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not represen..

Category: Criminal Law | Date: | Hits: 36

State Vs. Nantu Biswas and others, 2008, 37 CLC (AD)

....ia are found guilty under Sections 302/34 B.P.C and they are directed to serve the remaining period of their sentence if any. Ed. This Case is also Reported in: VI ADC (2009) 254. ......Court of the learned Additional Sessions Judge, Kushtia wherein respondents were found guilty of the charge under Sections 302/34 of Bangladesh Penal Code and were sentenced to suffer imprisonment for life. The High Court Division by the impugned judgment found the respondents not guilty of the ......ia are found guilty under Sections 302/34 B.P.C and they are directed to serve the remaining period of their sentence if any. Ed. This Case is also Reported in: VI ADC (2009) 254. ......dgment August 3, 2008. Cases Referred To- Bangladesh Vs. Giasuddin and others, 51 DLR (AD) 103; Krishna Mochi and others Vs. State of Bihar, AIR 2002 Supreme Court 1965. Lawyers Involved: Mohammad Ali Akand, Deputy Attorney General instructed by Mvi. Md. Wahidul..

Category: Criminal Law | Date: | Hits: 84

Md. Habibur Rahman Islam Vs. Secretary, Ministry of LGRD, 2007, 36 CLC (AD)

....y;ingly the above decision of the High Court Division does not call for any interference. 6. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 252. ......ndents Judgment November 4, 2007. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented- For Respondents. Civil Petition for Leave to Appeal No. 800 of 2005. (From the judgment and order dated 21.6.2005 passed by......y;ingly the above decision of the High Court Division does not call for any interference. 6. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 252. ......, Ministry of Local Government and Rural Development, Government of Bangladesh, Bangladesh Secretariat, Ramna, Dhaka & others........Respondents Judgment November 4, 2007. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represen..

Category: Property Law | Date: | Hits: 21