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Secretary, Ministry of Establishment Vs. A M Nurunnabi, 2001, 30 CLC (AD)
....s condoned but there being no merit in the petition the same is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 41. ......ent Judgment February 27, 2001. The Bangladesh Service Rules, Part I, Rule 72(b) The review forum having found the respondent honourably acquitted, the Tribunals below rightly held that ..Category: Administrative Law | Date: | Hits: 117
Jatiya Party Vs. Election Commission for Bangladesh and others, 2001, 30 CLC (AD)
....sion is set aside and the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 38. ......led Writ Petition No. 3933 of 1999 which was summarily rejected holding the same to be the election dispute. Respondent No. 5 on 4-11-1999 filed an application before the Election Commission for reviewing the order of the Returning Officer allocating the symbol of “Full Pant” for Tan..Category: Election Law | Date: | Hits: 144
Bangladesh Biman Corporation and others Vs. Md. Tipu Sultan & others, 2001, 30 CLC (AD)
....n made herein before the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001)31. ......y list of the 3 trades issued under the memo dated 13-12-1995 is not the first time one, as prior to the issuance of Organisation Order 13 of 1995 separate seniority list was in existence, that in view of the Provisions in Regulation 12 and 15 of the Regulations 1979 High Court Division was in e..Category: Employment/Service Law | Date: | Hits: 63
DG, Prisons & others Vs. Md. Nasim Uddin, 2001, 30 CLC (AD)
....out request helped this Division in the proper disposal of this matter. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 30. ......nd another vs. SK Dey and another) allowed the case and set aside the order of dismissal passed against this respondent. The Appellate Tribunal also held that the conviction can not be sustained in view of aforesaid decision of this Division. Mr. B Hossain submits that the second show cause notic..Category: Administrative Law | Date: | Hits: 137
GM, Jamuna Oil Company Ltd. Vs. Chairman, Labour Court, 2001, 30 CLC (AD)
....ation. The petitioners are dismissed by this judgment. Ed. This Case is also Reported in: 53 DLR (AD) (2001)28. ...... The Code of Civil Procedure 1908 (V of 1908), Order XLVII rule I What the petitioner failed to get in the appeal after a full-fledged argument can not be obtained in a review petition. Reconsideration of points wrongly or rightly considered in an appeal decided by this..Category: Labour and Industrial Law | Date: | Hits: 128
Mohammad Ali Vs. ADC (Revenue), Dhaka & others, 2001, 30 CLC (AD)
....therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 27 ......the charge to the other Joint Mutwallis, one of whom has been designated as Chief Mutwalli. 4. High Court Division discharged the Rule taking the view “the impugned order merely means that the present petitioner should make over the charge..Category: Property Law | Date: | Hits: 47
Government of Bangladesh Vs. Chairman, Court of Settlement and others, 2001, 30 CLC (AD)
....imitations. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 26. ...... 5. It appears that on Government’s own admission the property in question was not an abandoned property and was wrongly included in the ‘Ka’ list of abandoned buildings. In that view of the matter question of limitation does not arise. By the impugned judgment justice having b..Category: Property Law | Date: | Hits: 61
Miah Lutfi Hossain Kasru and others Vs. Bangladesh, 2001, 30 CLC (AD)
....o consideration. Both the petitions are dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 25. ......in not holding that the Delimitation Officer did not take into consideration territorial unity, distribution population and administrative convenience. 8. It is the consistent view of this Division that section 21 of the Pourashava Ordinance, 197 Directory and not mandatory,..Category: Election Law | Date: | Hits: 111
Haripada Ghose and another Vs. Gopal Chandra Ghose, 1995, 24 CLC (AD)
.... just and proper and calls for no interference. The appeal is accordingly dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 164 ......ance in the case of Kalpana Das Gupta vs. Gopernment of Bangladesh decided by a learned Single Judge of the High Court Division reported in 40 DLR 373, the learned Judges approved and followed the view expressed therein. The learned Single Judge in that case observed that section 286 of the Succ..Category: Property Law | Date: | Hits: 67
Mahmudul Islam Chowdhury Vs. Md. Sultanur Kabir Chowdhury and others, 1995, 24 CLC (AD)
....e matter we do not find any cogent reason to accept the submission of Mr. AR Yousuf. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 161 ......stations, that the voters did not know about the change and that the petitioner too had no opportunity to disseminate the information of change to the voters. He failed to do so. 8. In that view of the matter we do not find any cogent reason to accept the submission of Mr. AR Yousuf. ..Category: Others | Date: | Hits: 119
Shaikh Mustainul Haque Vs. Inspector General of Police and others, 1995, 24 CLC (AD)
....y further order. No costs. The impugned judgment and order arc set aside and those of the Administrative Tribunal are restored. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 157. ......n 4 provides as follows: "4. Insertion of new section 7A Ord. LXXXIV of 1976‑In the said Ordinance, after section 7, the following new section shall be inserted, namely: "7A. Revision and review.‑ Notwithstanding anything contained in section 7, the Government may, upon an application ..Category: Administrative Law | Date: | Hits: 111
Shahana Hossain Vs. AKM Asaduzzaman, 1995, 24 CLC (AD)
.... 3. The learned Judges of the High Court Division observed in their judgment as follows: "There is no doubt that the grounds upon which the miscellaneous case was dismissed are erroneous in law. There is also no doubt that the appellant is entitled to get back the possession......section 144 of the Code of Civil Procedure with Title Suit No.177 of 1994 in which the appellant was a defendant after holding that the trial Court dismissed the miscellaneous case on an erroneous view of law and thereby illegally refused restitution of the suit property to the appellant which s..Category: Property Law | Date: | Hits: 68
Superintending Engineer and others Vs. Kazi Asaduzzaman and others, 1995, 24 CLC (AD)
....e issue of service of show cause notice. As the plaintiff on the finding of the trial Court was indulging in business at the time of his so‑called illness and the lower appellate Court having erroneously held that it was unnecessary to consider whether the plaintiff's absence was authorised......econd condition is also not fulfilled because the Rules left it to the discretion of the authority to appoint an enquiry officer. If the appellant had acted without appointing an enquiry officer in view of the preposterous facts presented by the respondent, then it cannot be said that the action..Category: Property Law | Date: | Hits: 124
Forkan alias Farhad and and another Vs. State, 1995, 24 CLC (AD)
....Penal Code against the appellants have been proved beyond the shadow of reasonable doubt. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 149. ......ot think that in the facts of the present case that child witness should not be believed. 14. Thus, on a careful consideration of the material evidence on record as indicated above, we are of the view that the charge under sections 302/34 of the Penal Code against the appellants have been proved..Category: Criminal Law | Date: | Hits: 49
Director (Est. & Admin.) T & T Board, Tele Com Building Vs. Hasan Ahmed & anr, 1995, 24 CLC (AD)
....jurisdiction in setting aside the findings of the Tribunal. 13. In the result, the appeal is allowed with costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 143 ......llate Tribunal erred in holding that the respondent No.1 was not given the opportunity to defend himself or the enquiry officer did not at all consider the evidence of his witnesses. 12. In view of the enquiry report and the other materials including the admission of the respondent No.1 t..Category: Administrative Law | Date: | Hits: 138
Abu Taleb Vs. Government of Bangladesh, 1995, 24 CLC (AD)
....by the appellant. In that view of the matter we do not find any ground for interference. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 138......ibunal held. 5. Leave was granted to consider the appellant's submission that the appellant may not have materials to prove mala fide, as such, but the Appellate Tribunal was not justified in its views as to "public interest" within the meaning of section 9 (2) of the Act which requires to be de..Category: Administrative Law | Date: | Hits: 175
Special Reference No. 1 of 1995, 24 CLC (AD)
.... Mohammad Ismailuddin Sarker J. - I am in complete agreement with the learned Chief Justice and I have nothing more to add. Ed. This Reference is also Reported in: 47 DLR (AD) (1995) 111. ......tifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J (Special Reference No. 1 of 1995) Judgment July 24, 1995. The Constitution of Bangladesh, 1972, Article 106In our view, walkout, consequent period of non return and boycott, call it by whatever epithet, mean the sa..Category: Constitutional Law | Date: | Hits: 248
Shameen Vs. Government of Bangladesh & others, 1995, 24 CLC (AD)
....l is allowed, but without any order as to costs. The detenu be released forthwith, if not wanted in connection with any other case. Ed. This case is also reported in: 47 DLR (AD) (1995) 109. ...... are of serious nature the detaining authority may consider them and, despite the pendency of a criminal case, can make an order of detention if it is satisfied that the detenu is to be prevented, in view of his background, from indulging in prejudicial activities". 6. The respondents do not appe..Category: Criminal Law | Date: | Hits: 75
Golam Rahman Vs. Hazera Khatun, 1995, 24 CLC (AD)
....r is set aside and the appeal is allowed without any order as to costs. The suit is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 211, 47 DLR (AD) (1995) 108 ......aw resulting (sic) in an error in the decision occasioning failure of justice and, as such, the impugned judgment and decree of the appellate Court is not sustainable in law." In view of the above observation the suit ought not to have been remanded to the trial Court for givin..Category: Property Law | Date: | Hits: 47
Halid Hamidul Huq Vs. Nafisa Chowdhury & ors., 1995, 24 CLC (AD)
....ay be made before the Court where the tide suit is pending. The appeal is dismissed without any order as to cost. Ed. This case is also reported in: 47 DLR (AD) (1995) 104 ......a commercial concern and which forms 'part of the disputed property, admits the creation of the Trust and supports the appointment of the appellant or a suitable person as a Trustee. 6. In view of pendency of the aforesaid Title Suit No. 78 of 1992 the learned Additional District Judge h..Category: Property Law | Date: | Hits: 76
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