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Mahbubur Rahman and others Vs. Taslimuddin Ahmad and others, 2002, 31 CLC (AD)
.... Judgment August 8, 1999. The Bangladesh Civil Service Seniority Rules, 1983, Rule 3 The case filed before the Administrative Tribuna...... For the reasons stated above, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 97. ......o his case is to be considered on the basis of promotion by one-third posts of Extra-Assistant Commissioner of Taxes. In the meanwhile after competitive examination on 18-7-1985 and 21-1- 1986, 29 Officers were directly recruited as Assistant Commissioners of Taxes which is a Class I post, where..Category: Administrative Law | Date: | Hits: 91
Government of the People’s Republic of Bangladesh Vs. SM Fariduddin, 2002, 31 CLC (AD)
.... Lawyers Involved- Mahmudul Islam, Attorney-General instructed by Mrs. Sufia Khatun, Advocate-on-Record— For the Appellants. Rokanuddin Mahmud, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondents. ......Nos. 4165 and 4380 of 2000 respectively are hereby set aside and the writ petitions are found to be not maintainable. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 95. ......Nos. 4165 and 4380 of 2000 respectively are hereby set aside and the writ petitions are found to be not maintainable. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 95. ..Category: Employment/Service Law | Date: | Hits: 57
Santosh Kumar Das Vs. Hajee Badiur Rahman, 2002, 31 CLC (AD)
....Rent Control Ordinance. Lawyers Involved: Mustafa Niaz Muhammad, Advocate, instructed by Sharifuddin Chaklader Advocate-on-Record - For the Appellant. Dr. Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record — For the Respondent. C......setting aside the impugned judgment of the High Court Division and restoring those of the Courts below decreeing the suit. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 93. ......setting aside the impugned judgment of the High Court Division and restoring those of the Courts below decreeing the suit. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 93. ..Category: Tenancy Law | Date: | Hits: 76
Hyundai Corporation Vs. Sumikin Bussan Corporation & others, 2001, 30 CLC (AD)
....ing authority is a recognized matter to find the right balance between administrative discretion and interest of the aggrieved person……………..(14) Lawyers Involved: Rokanuddin Mahmud, Senior Advocate, instructed by Md. Ataur Rahman Khan, Advocate-on-Record— For the Petitioner S...... quotation. The right to choose cannot be considered to be an arbitrary power. Of course, if the said power is exercised for any collateral propose the exercise of that power will be struck down. Judicial quest in administrative matters has been to find the right balance between the administrati......he High Court Division. In aforestated view of the matter this petition is dismissed with the observations made hereinbefore. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 88. ..Category: Others | Date: | Hits: 130
Ilias Hussain (Md) Vs. State, 2002, 31 CLC (AD)
....band and also while in his house the husband is to explain under what circumstance the wife met with her death. Lawyers Involved: Shaukat Ali Khan, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Petitioner &n...... There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 78. ...... was read over to the petitioner to which he pleaded not guilty and claimed to be tried. Before the trial Court only three witnesses have been examined and they are the informant and Investigation Officer, SI of Police Rabibul Islam, Samad, brother of the deceased and Dr Ahmed Ali Akon who held ..Category: Criminal Law | Date: | Hits: 52
Akitullah and others Vs. Zafala Begum and others, 2002, 31 CLC (AD)
....o fill in the lacuna in any party’s pleading ……………..(18) Case Referred to- Dr. Razia Khatun Vs. Bhanu Guha and others 1986 BLD (AD) 135. Lawyers Involved: Mahmudul Islam, Senior Advocate, instructed by Md. Altab, Hossain, Advocate-on-Record—For the Appellants. Mahb......dispose of the First Appeal No. 100 of 1995 arising out of Suit No. 185 of 1988 in accordance with law expeditiously as possible. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 74. ......dispose of the First Appeal No. 100 of 1995 arising out of Suit No. 185 of 1988 in accordance with law expeditiously as possible. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 74. ..Category: Procedural Law | Date: | Hits: 114
Gooryonly (BD) Textile Ltd. Vs. Chartkar Information Holding Ltd. and ors., 2002, 31 CLC (AD)
....am vs Hindustan National Bank Ltd. AIR 1928 Lahore 376; Janata Bank vs Ahanadia Garments 40 DLR 72; Unimarine SA Panama vs Bangladesh 31 DLR (AD) 112. Lawyers Involved: Dr. M Zahir Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record—For the Petitioner. ......dit in this suit concerning dispute between the buyer and seller. The petition dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 70; 22 BLD (AD) 2002, 89. ......dit in this suit concerning dispute between the buyer and seller. The petition dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 70; 22 BLD (AD) 2002, 89. ..Category: Civil Law | Date: | Hits: 115
Bangabir Kader Siddiqui, Bir Uttam Vs. Government of Bangladesh, 2002, 31 CLC (AD)
....pprehensive on the formation of the committee…………………………(7) Lawyers Involved: Dr. Kamal Hossain, Senior Advocate instructed Sharifuddin Chaklader Advocate-on-Record—For Petitioner &nb....... There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 64. ....... There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 64. ..Category: Election Law | Date: | Hits: 158
State Vs. Monu Miah and others, 2001, 30 CLC (AD)
....State of Uttar Pradesh, AIR 1976 (SC) 6. Lawyers Involved: Mahbubey Alam, Additional Attorney-General instructed by Mohwnmad Yeasin, Advocate-on- Record- For the Petitioner Shaukat Ali Khan, Senior Advocate instructed Sharifuddin Chakiader, Advocate-on-Record— For the Respondents. Crim......ral also could not point out any illegality or infirmity therein for our interference. Thus the petition is, accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 60. ......, Monu and Anowara absent in their house and on going to the river saw accused Monu, Anowara Kulsum, Abdullah and Babu going by a boat towards the north. This witness though examined by Investigating Officer about 3.5 months of the occurrence has not stated about the incident at all, casting a doubt..Category: Criminal Law | Date: | Hits: 59
BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)
....s Urban Council (1958) 2 All ER 601; R vs Whitmarsh (9)(1850). 15 QB 600), Bear vs. Bromley (10) (1852), 18 QB 271. Lawyers Involved: Sayed Ishtiaq Ahmed, Senior Advocate, Dr. Kamal Hossain Senior Advocate, TH Khan, Senior Advocate, Alam and Nihad Kabir ......se appeals. Accordingly, the same are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 36. ......se appeals. Accordingly, the same are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 36. ..Category: Constitutional Law | Date: | Hits: 199
Government of Bangladesh Vs. Ramananda Sarker, 2002, 31 CLC (AD)
....ision No. 598 of 1990 discharging the Rule. 2. The revision case has arisen in this way. The plaintiff (Government of Bangladesh) brought Other Class Suit No. 791 of 1989 in the Court of Senior Munsif (Assistant Judge), Kishoreganj, against the respondents for declarations that the ex ...... wronged. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 35. ...... wronged. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 35. ..Category: Procedural Law | Date: | Hits: 97
Osman Gani Vs. State, 2002, 31 CLC (AD)
....he crime of murder. Suspicion, however strong, cannot be the basis of conviction…………….(11) Lawyers Involved: Abdul Malek, Senior Advocate, instructed by Md Nawab Au, Advocate-on-Record—For the Appellant. &nbs...... appellant and acquit him. The appellant be set at liberty if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 34. ...... appellant and acquit him. The appellant be set at liberty if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 34. ..Category: Criminal Law | Date: | Hits: 55
Syed Abu Hossain Arshad & ors Vs. BD Sugar and Food Industries Corpn and ors, 2002, 31 CLC (AD)
...., facts and circumstances all the three leave petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 33. ......, facts and circumstances all the three leave petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 33. ......itioners’ learned Advocate submits that the High Court Division was wrong to hold that the posting of the leave petitioners from the post of Cane Development Inspectors to that of the Junior Officers was not promotion, but a design to restrain them from carrying on their trade union activi..Category: Labour and Industrial Law | Date: | Hits: 115
Ishaque (Md) Vs. Ekramul Huque Chowdhury and others, 2001, 30 CLC (AD)
.... is not for the part of the cause of action for such eviction and cause of action is the denial of landlord’s title……………………..(8) Lawyers Involved: Khandaker Mahbubuddin Ahmed, Senior Advocate, (Mustafa Niaz Mahmud, Advocate with him) instructed by Shar Uddin Chaklader, Advoca......rfeiture. In view of the discussion as above the appeal fails. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in:54 DLR (AD) (2002) 26. ......rfeiture. In view of the discussion as above the appeal fails. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in:54 DLR (AD) (2002) 26. ..Category: Tenancy Law | Date: | Hits: 70
Akbar Hossain (Md) Vs. MD, Agrani Bank and others, 2002, 31 CLC (AD)
....ion of law is no ground of review and if it be allowed to do then the scope of appeal would be frustrated…….(8) Lawyers Involved: Md. Moksudur Rahman, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Petitioner. ......9 June, 1997 of the High Court Division making the Rule absolute in Civil Revision No. 3179 of 1993 setting aside those dated 12-6-93 passed by the learned Subordinate Judge allowing Miscellaneous Judicial Case No. 3 of 1993 reviewing his earlier judgment dated 3-3-1993 in Other Class Appeal No.......ith a request to forward the same to the General Manager, Dhaka. But the Regional Manager did not forward the same instead brought charge on 14-6-1976 asking him to file explanation to the Enquiry Officer who as well asked him to appear before him on 9-7-1976. The petitioner appeared and filed ..Category: Employment/Service Law | Date: | Hits: 83
Government of Bangladesh and other Vs. Nidhi Ram Moni and others, 2002, 31 CLC (AD)
....e High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 14. ......e High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 14. ...... sons who became the owners of the disputed land; but through mistake the name of Raghuram Moni was recorded and consequently declared vested and non-resident property by the Upazilla Nirbahi Officer who ordered to lease out the same to Sadek Ali and others; but later on cancelled his orde..Category: Property Law | Date: | Hits: 43
AKM Ali Imam Vs. DG, Bangladesh Agricultural Research Institute & another, 2002, 31 CLC (AD)
....nd order dated 13-1-1996 passed by the Administrative Tribunal, Dhaka in Execution Case No.3 of 1995. 2. The short fact leading to this petition is that, the petitioner was a Senior Scientific Officer of Bangladesh Agricultural Research Institute on deputation from the Mini......There is no merit in this petition and the same is accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 5. ......-1-1996 passed by the Administrative Tribunal, Dhaka in Execution Case No.3 of 1995. 2. The short fact leading to this petition is that, the petitioner was a Senior Scientific Officer of Bangladesh Agricultural Research Institute on deputation from the Ministry of Agricultur..Category: Administrative Law | Date: | Hits: 104
S. M. Iqbal Hossain Vs. Managing Director, I F I C Bank Ltd., 2006, 35 CLC (AD)
.... Cases Referred To- Sonali Bank vs. Ruhul Amin Khan, 46 DLR (AD) 85. Agrani Bank vs. Khandaker Badrudduza, 56 DLR (AD) 136. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, instructed by A. K. M. Shahidul Huq, Advocate-on- Record-For the Petitioner. ......that the High Court Division took a correct view in the matter and as such the impugned judgment does not call for our interference. The petition is, therefore, dismissed. Ed. ......that the High Court Division took a correct view in the matter and as such the impugned judgment does not call for our interference. The petition is, therefore, dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 78
Md. Marfat Ali Miah Vs. Sree Jagadish Chandra Sheel and others, 2006, 35 CLC (AD)
....gum and others Vs. Moulavi Md. Hasan and others, 43 DLR, 242; Monirunnahar Begum and others Vs. Shahed Alt and others (1981) 1 BCR (HCD), 43. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record- For the Appellant. ....... The Other Class Suit No. 82 of 1991 is restored to its file and number. The trial Court is directed to dispose of the suit expeditiously. There is no order as to costs. Ed. ....... The Other Class Suit No. 82 of 1991 is restored to its file and number. The trial Court is directed to dispose of the suit expeditiously. There is no order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 77
Md. Yousuf Ali Vs. Kazi Syed Shamsul Hoque and others, 2006, 35 CLC (AD)
....desh 50 DLR (AD) 82. Kazi Md. Amirul Islam vs. Bangladesh 16 BLD (AD) 110;Kazi Imamuddin Bhuiya Vs. Bangladesh 10 BLC (AD) 2005 page 134. Lawyers Involved: A. J. Mohammad All, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Appellant ......n cannot be sustained and so the appeal should be allowed. 22. The appeal is, therefore, allowed. In the facts and circumstances we direct the parties to bear their own costs. Ed. ......n cannot be sustained and so the appeal should be allowed. 22. The appeal is, therefore, allowed. In the facts and circumstances we direct the parties to bear their own costs. Ed. ..Category: Constitutional Law | Date: | Hits: 178