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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. ......spondent Nos. 1 and 2’s case of promotion on the basis of combined seniority list from Pay Group IV to V is not supported either by the provision of the Regulations or by any material in the record. The position in law being that the Corporation is required to maintain separate list of sen......ined seniority has referred to the decision AIR 1982 (SC) 1064. In the reported case it has been observed: “Even otherwise, when a statutory rule governing seniority is issued in respect of a service, the said rule would govern the personnel in the service with effect from the date of its ..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. ...... Code wherein there is no scope for issuance of a second show cause notice this has not in any way prejudiced the defence. But the Tribunal found that the Deputy Inspector General of Prison has not recorded any reason for not issuing a second show cause notice thereby violated the constitutional......ed a report to appellant No. 2 Deputy Inspector General of Prisons who without any second show cause notice and without giving any opportunity to the respondent to defend himself dismissed him from service by order dated 4-11-1992. Respondent then preferred an appeal to appellant No. 1 who dismi..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. ......dged argument can not be obtained in a review petition. Reconsideration of points wrongly or rightly considered in an appeal decided by this Division without betraying apparent error on the face of record is no ground of review of a judgment………………(3) ......ation. The petitioners are dismissed by this judgment. Ed. This Case is also Reported in: 53 DLR (AD) (2001)28. ..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 ......therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 27 ......therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 27 ..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. ......f the said plot of land from the Government on 20-5-1963 and thereafter she orally gifted the same to them with the permission of the Government and their names were duly mutated in the Government records and they possessed the said property and there was no reason to include the said property i......imitations. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 26. ..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. ......population and administrative convenience, as far as practicable were taken into consideration. 6. The learned Judges of the High Court Division on consideration of materials on record and examining the relevant file of the office of the Thana Nirbahi Officer Lalmohan, in the......o consideration. Both the petitions are dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 25. ..Category: Election Law | Date: | Hits: 111
Board of Intermediate & Secondary Education Vs. Md. Mirajul Alam, 1995, 24 CLC (AD)
....dvanced by Mr. Majumder. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 41, 47 DLR (AD) (1995) 167 ......dvanced by Mr. Majumder. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 41, 47 DLR (AD) (1995) 167 ......dvanced by Mr. Majumder. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 41, 47 DLR (AD) (1995) 167 ..Category: Constitutional Law | Date: | Hits: 182
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 ...... 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 ...... 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 ..Category: Property Law | Date: | Hits: 67
Category: Property Law | Date: | Hits: 46
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 ......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 ......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 ..Category: Others | Date: | Hits: 119
Abu Taher Vs. Abdur Razzak and others, 1995, 24 CLC (AD)
....any illegality in upholding the judgment and order of the Election Appellate Tribunal. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 160 ......any illegality in upholding the judgment and order of the Election Appellate Tribunal. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 160 ......any illegality in upholding the judgment and order of the Election Appellate Tribunal. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 160 ..Category: Others | Date: | Hits: 101
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. ......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. ......ated 11 August 1992 passed by the Administrative Tribunal, Dhaka in AT Case No. 328 of 1989. 2. Appellant, a Sub‑Inspector of Police, while on leave preparatory to retirement was dismissed from service, following a departmental enquiry, by order dated 2.8.1988 passed by the Deputy Inspector Ge..Category: Administrative Law | Date: | Hits: 111
Shahana Hossain Vs. AKM Asaduzzaman, 1995, 24 CLC (AD)
.... Division is set aside. The appellant is entitled to restitution in view of the disposal of the Miscellaneous Case by us. Ed. This case is also reported in: 47 DLR (AD) (1995) 155 ...... Division is set aside. The appellant is entitled to restitution in view of the disposal of the Miscellaneous Case by us. Ed. This case is also reported in: 47 DLR (AD) (1995) 155 ...... Division is set aside. The appellant is entitled to restitution in view of the disposal of the Miscellaneous Case by us. Ed. This case is also reported in: 47 DLR (AD) (1995) 155 ..Category: Property Law | Date: | Hits: 68
Superintending Engineer and others Vs. Kazi Asaduzzaman and others, 1995, 24 CLC (AD)
....sons the impugned judgment and order of the High Court Division cannot be sustained. The appeal is allowed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 152 ......duties. He was directed to join his duties several times but he did not care. At last a show cause notice was issued after drawing up a proceeding against him. The notice was sent to his permanent recorded address kept in the department. He did not reply to the charges. The ground of his illness......r died and his ancestral home in Jessore District was devastated by cyclone. He reported for duty on 1.10.77 but came to learn that by the order dated 25.4.77 he had been discharged from Government service with effect from 1.7.76. He applied for a copy of the order of discharge which he received..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. ......imony of one eye‑witness who is a boy of tender age and he being a child witness his evidence needs careful scrutiny by us. 7. For proper evaluation and appreciation of the material evidence on record I will divide the evidence of P.Ws.1, 2, 3 and 4 in three heads, viz direct evidence, corrobo......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. ..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 ......witnesses in presence of the respondent No. 1. The Tribunal therefore, held that the impugned order of compulsory retirement was passed on the basis of the enquiry report and sufficient evidence on record and accordingly, dismissed the case. 6. On appeal by the respondent No.1 the Adminis......asem Ahmed Bhuiyan filed an application under section 4(1) of the Administrative Tribunal Act. 1980 for a declaration that the order of the appellant dated 31.11.1988 compulsorily retiring him from service was illegal, malafide and invalid and that he was still in service. 3. The case of..Category: Administrative Law | Date: | Hits: 138
Abu Taleb Vs. Government of Bangladesh, 1995, 24 CLC (AD)
....on or catalysation by malice is not legicidal. The action is bad where the true object is to reach an end different from the one for which the power is entrusted, goaded by extraneous considerations, good or bad, but irrelevant to the entrustment. When the custodian of power is influenced in its exe...... Act which requires to be decided upon an interpretation of the same as made by this Court in the case of Mofizur Rahman Khan Vs. Government of Bangladesh, 34 DLR (AD) 321. There being no material on record before the Government except the secret report of the Enquiry Committee which the appellant h......se of the Administrative Tribunal, Dhaka dated 27.10.88 dismissing the appellant's AT Case No.22 of 1988 filed against the order dated 2.1.88 passed under the order of the President retiring him from service under section 9(2) of the Public Servants (Retirement) Act, 1974 (Act XII of 1974), briefly ..Category: Administrative Law | Date: | Hits: 175
Special Reference No. 1 of 1995, 24 CLC (AD)
....tion alluded in the Reference suggested a life threatening blockage in the Constitutional process in the country which needed an urgent political by‑pass which could only be achieved by a political goodwill of the people concerned but the President has asked from the Supreme Court merely a cure fo......responsible for prolonging and thereby adding to the "political crisis" by consuming a long time over the hearing, we decided to hear the matter with all expedition. 6. Accordingly, on the 6th we recorded the following order in presence of the learned Attorney-General, Mr. Aminul Huq, since de......o win improved wages and working conditions from management. US law distinguishes between primary and secondary labour boycotts. A primary boycott is the refusal of employees to purchase the goods or services of their employers, and a secondary boycott involves an attempt to induce third parties to ..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. ......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. ......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. ..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 ......ion. 5. In revision, the learned Judge of the High Court Division observed that the plaintiff had not made out any case of adverse possession either in the plaint or even by any evidence on record. The learned Judge concluded that the appellate Court had committed an error of law in decre......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 ..Category: Property Law | Date: | Hits: 47