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Capt. (Retd.) B. Akram Ahmed Khan Vs. BD Oil, Gas & Mineral Resources Corpn. & or, 2006, 35 CLC (AD)
....p; MM Ruhul Amin J.- This appeal by leave is directed against the judgment and order dated 7-12-98 passed by the High Court Division in Writ Petition No. 9 of 1996 discharging the Rule. 2. Short facts are that the petitioner joined the then Pakistan Army and was commissio......is accordingly, allowed without any order as to costs, the connected Civil Petition No. 400 of 2003 is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) 2008, 126. ..Category: Employment/Service Law | Date: | Hits: 109
Election Commission Vs. Alhaj Advocate Md. Rahmat Ali, MP and others, 2006, 35 CLC (AD)
.... names of the persons who have acquired any disqualification for being enrolled as a voter and will add on following the provision of sections 7, 8 and 9 of the Ordinance and the rules 4-18 of the Rules framed under the Ordinance the names of the persons who have acquired qualification for being....... 73. The learned Counsel wonders as to why the Chief Election Commissioner has come up in this appeal challenging the findings and observations mentioned in paragraphs III and IV which are absolutely above board. 74. He then refers to sections 13 and 15 of the Ordinance of 1982 an..Category: Election Law | Date: | Hits: 159
Ashequr Rahman (Md) Vs. Bangladesh Agricultural Research Institute, 2006, 35 CLC (AD)
....gainst the judgment and order dated April 11, 2000 of a Division Bench of the High Court Division in Writ Petition No. 2417 of 1996. The High Court Division by the aforesaid judgment discharged the Rule obtained impugned order of compulsory retirement dated July 30, 1994. 2. Facts, relevan......gulations 43(8) of the Regulations and consequent thereupon, the employee proceeded with was absolved from the charges and, as such, the High Court Division was in error in not making the Rule absolute and consequent thereupon in not setting aside the order of compulsory retirement. 6..Category: Employment/Service Law | Date: | Hits: 92
Paper Converting & Packaging Ltd. Vs. Govt. of the People’s Repub of BD and ors, 2006, 35 CLC (AD)
.... been accrued to the plaintiff-petitioner in respect of the same for any declaration or any permanent injunction as sought for in the instant suit. The petition is dismissed. Ed. ...... sons and four daughters i.e. the eleven share-holders of the Company, as his heirs and successors-in-interest and these share-holders of the Company inherited the land described in the schedule as absolute owners. As identity of owners of the Company and the land in schedule was same, the land ..Category: Procedural Law | Date: | Hits: 93
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....ivision as envisaged in the Constitution nor affected its jurisdiction and power in a manner so as to render the Constitution unworkable. The impugned amendment and the Notifications issued and the Rules framed thereunder are not ultra vires on any of the grounds urged……………………..(67......e 26th day of March, 1971 and through 2[a historic war for national independence], established the independent, sovereign People's Republic of Bangladesh. 3 [Pledging that the high ideals of absolute trust and faith in the Almighty Allah, nationalism, democracy and socialism meaning econo..Category: Constitutional Law | Date: | Hits: 1934
Md. Badruddin Moral and others Vs. Santosh Kumar Sen and others, 1989, 18 CLC (AD)
....he suit they may do so and it will be disposed of in accordance with law. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 156. ......he suit they may do so and it will be disposed of in accordance with law. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 156. ..Category: Procedural Law | Date: | Hits: 110
Bangladesh House Building Finance Corporation Vs. Abdul Mannan, 1989, 18 CLC (AD)
....here. There is no scope for advancing any argument on supposed notions. In the result, therefore, this appeal is allowed with cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 143. ......here. There is no scope for advancing any argument on supposed notions. In the result, therefore, this appeal is allowed with cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 143. ..Category: Property Law | Date: | Hits: 41
Mozibur Rahman Vs. Chairman, Dhaka Improvement Trust, 1989, 18 CLC (AD)
....stees. 4. In the Affidavit filed on behalf of respondent No. 1 the allegations made by the appellant were denied. It was stated that the relevant provision of the Dhaka Improvement Trust Service Rules, 1971 provided for promotion from a lower post to a higher post on the basis of 'merit-cum-s......egally and without any lawful authority. Let there be a fresh selection for promotion to the post of Executive Engineer as soon as possible. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 131..Category: Employment/Service Law | Date: | Hits: 89
Samiruddin Ahmed alias Samir Mia alias Md. Samiruddin Vs. State, 1987, 16 CLC (AD)
....lowed. The impugned orders of conviction and sentence as also that of restoration of possession arc set aside. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 129, 1988 BLD (AD) 157. ......lowed. The impugned orders of conviction and sentence as also that of restoration of possession arc set aside. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 129, 1988 BLD (AD) 157. ..Category: Criminal Law | Date: | Hits: 59
Abdul Gufur and others Vs. The State and another, 1989, 18 CLC (AD)
....eals to their file and number by an order dated 6th April, 1986. This Court refused on 31st August, 1986 to interfere with that order. On the 7th April, 1986 the High Court Division issued a suo moto Rule in Criminal Revision No. 43 of 1986, upon the appellants and two Advocates to show cause as to ......t them under section 476 of the Code of Criminal Procedure as they appeared to have practised fraud upon the Court by filing a false petition of compromise. The rule against the appellants was made absolute, but it was discharged against the two Advocates. Hence this appeal. 3. The appellants c..Category: Criminal Law | Date: | Hits: 45
ADC, Revenue and Assis. Custodian Vested Property, Chandpur Vs. Tafurnessa, 1989, 18 CLC (AD)
....aying the appeal has become of mere academic interest. In the result, therefore, this appeal is dismissed without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 124......aying the appeal has become of mere academic interest. In the result, therefore, this appeal is dismissed without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 124..Category: Property Law | Date: | Hits: 56
Abdul Mannan Bhuiyan & Others Vs. Monirul Huq and others, 1989, 18 CLC (AD)
....ondent No.1 herein filed the aforesaid writ petition challenging the order of his removal as Chairman Chandina Upazila Parishad on the basis of no-confidence motion passed in a special meeting as per Rule 4 of the Upazila Parishad Chairman and Members (Resignation, Removal and Vacation of office) ...... no-confidence proceedings being acting Chairmen were not representative members and as such they were not eligible to cast vote in favour of the resolution in question. Accordingly the rule was made absolute, and it was declared that the removal resolution of petitioner Md. Monirul Huq was passed..Category: Election Law | Date: | Hits: 128
Abdul Jalil Vs. Bangladesh House Building Finance Corporation & another, 1989, 18 CLC (AD)
....im in connection with the auction sale as also the amount of Tk. 75,000/- to be deposited by the appellant. Parties will bear their own cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 109......im in connection with the auction sale as also the amount of Tk. 75,000/- to be deposited by the appellant. Parties will bear their own cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 109..Category: Property Law | Date: | Hits: 30
Soleman Miah & others Vs. Ishaque Ali being dead his heirs Jairun Nessa & ors, 1989, 18 CLC (AD)
..............Appellants Vs. Ishaque Ali being dead his heirs Jairun Nessa & ors............Respondents Judgment November 8, 1988 The Code of Civil Procedure, 1908 (v of 1908), Order XXI, Rule 29 Stay granted by this court shall continue for four months further. In the mean time the ap......dance with law after expiration of the aforesaid period. The appeal is disposed of in the aforesaid terms without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 104..Category: Civil Law | Date: | Hits: 106
Moharram Ali & another Vs. Mohammad Madhu Mia & others, 1989, 18 CLC (AD)
.... Division is set aside and that of the trial Court and the appellate Court is restored. The respondent will bear the cost of the appeal. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 92 ...... Division is set aside and that of the trial Court and the appellate Court is restored. The respondent will bear the cost of the appeal. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 92 ..Category: Others | Date: | Hits: 106
Abdul Matin & others Vs. Shuruj Mia, being dead his heirs: Taibunnessa & Others, 1989, 18 CLC (AD)
....Court Division and the Appellate Court below. In the result, therefore, this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 88 ......Court Division and the Appellate Court below. In the result, therefore, this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 88 ..Category: Property Law | Date: | Hits: 36
Nazir Ahmed Vs. Bangladesh Election Commission & others, 1988, 17 CLC (AD)
....— Not Represented. Civil Appeal No. 28 of 1988. Judgement Badrul Haider Chowdhury J.- Leave was granted to consider the question whether the High Court Division was correct in making the Rule absolute in the writ petition, when on its own showing certain disputed question of fact ha......unsel appearing for the petitioner canvassed that the disputed question of fact was involved and the learned Judges of the High Court Division themselves have noticed but even then the Rule is made absolute in a highly controversial matter. 5. In this case the Election Commission has directed..Category: Election Law | Date: | Hits: 110
A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)
.... Judgment February 19, 1989. Result: All the Appeals are allowed. The Local Government (Union Parishads) Ordinance, 1983 (LI of 1983), sections 24 and 29 The Union Parishads (Elections) Rules, 1983, Rule 70 (i) In a dispute the issue is to be raised and evidence adduced for adjudica...... 1989. Khurshed Alam vs. Humayun Kabir Salim & others. Leave was given to consider the correctness of the order made in Writ Petition No.329 of 1988 wherein the learned Judges made the Rule absolute after setting aside the Election Commission's order for re-poll. In view of the principle w..Category: Election Law | Date: | Hits: 165
Executive Engineer, Public Health, Barisal Division Vs. Mohammad Ali & ors, 1989, 18 CLC (AD)
....n 25.4.1977 and not earlier; that defendant No.2, Superintending Engineer, was not the appointing authority for starting the departmental proceeding under Government Servant (Discipline and Appeal) Rules 1976 and hence the impugned order of discharge was declared as illegal, null and void, and not......period of the plaintiffs unauthorised absence from 21.6.75 to 25.4.77. We uphold the appellate Court's order and dismiss the appeal. No costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 64..Category: Employment/Service Law | Date: | Hits: 103
Gopal Chandra Shah Vs. The Deputy Commissioner, Sunamganj & another, 1989, 18 CLC (AD)
....al No. 59 of 1986 Judgement ATM Afzal J. — This appeal by leave is from judgment and order dated 25 August, 1986 passed by a Division Bench of the High Court Division, Dhaka discharging the Rule in Writ Petition No.254 of 1985. 2. The appellant is a licenced Vendor of Country liquor ...... by the Deputy Controller by his order dated 26.2.85. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 60. ..Category: Others | Date: | Hits: 125