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Bangladesh Co-Operative Insurance Ltd & ors Vs. Md. Abdul Khaleque Khan & ors, 1997, 26 CLC (AD)
....ason stated above we find little substance in this appeal. Accordingly it is dismissed without, however, any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 574. ......vision (Civil) Present: ATM Afzal CJ Mustafa Kamal J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh Co-Operative Insurance Limited and others............Appellants Vs. Md. Abdul Khaleque Khan and others...........Res......ason stated above we find little substance in this appeal. Accordingly it is dismissed without, however, any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 574. ..Category: Others | Date: | Hits: 224
Serajul Huq and others Vs. Bangladesh, 2007, 36 CLC (AD)
....thereof be delivered to the appellants. 12. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 88; 14 MLR (AD) (2009) 191. ......191. ......, and his other two sons Shamsul Huq and Aynul Huq, the petitioner Nos. 3 and 4 in the above case who are the appellant Nos. 2 and 3 herein, were born in Bangladesh; Md. Hanif, who was a Government servant, having retired from service in the year 1964, had been living in Bangladesh with his fami..Category: Property Law | Date: | Hits: 30
Md. Shamsul Huda Vs. Bangladesh and others, 1999, 28 CLC (AD)
....gment and decree dated 16,7.91 of the High Court Division without any order as to costs and restore those of the trial court. Ed. This Case is also Reported in: II ADC (2005) 440. ......malendu Bikash Roy Choudhury J A. M. Mahmudur Rahman J Md. Shamsul Huda being dead his heirs Hafaz Mohammad Ismail & others ..........Appellants. Vs. Bangladesh and others....................Respondents Judgment May 2, 1999. Lawyers In......tained on the basis of the said decree are illegal null and void on the averments, inter alia , that the suit property belonged to one Lala Ram Sankar who died unmarried and sarna Kumari was a maid servant of Lala Ram. After the death of Lala Ram she used to look after his properties through her ..Category: Property Law | Date: | Hits: 23
Mobinnessa and ors. Vs. Khalilur Rahman & ors., 1985, 14 CLC (AD)
....nts who were mere strangers to him, So far as a stranger is concerned, the learned Advocate is perfectly correct in his argument, for a stranger need not be impleaded in a partition suitor for that master in any suit But when the stranger's property is included in a suit the "stranger" ......37 DLR (AD) (1985) 216. ......ion confirming that of the lower Appellate Court is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 216. ..Category: Property Law | Date: | Hits: 40
Md. Tozammel Hossain Vs. River Research Institute, 2008, 37 CLC (AD)
....present service. In view of the above, we find no substance in the submission of the learned Counsel for the petitioner. Ed. This Case is also Reported in: VI ADC (2009) 326. ......ip;……………………….Petitioner Vs. River Research Institute, represented by the Director General of the Institute, Faridpur and others…………………………&hell......present service. In view of the above, we find no substance in the submission of the learned Counsel for the petitioner. Ed. This Case is also Reported in: VI ADC (2009) 326. ..Category: Employment/Service Law | Date: | Hits: 92
Khurshid Alam and Others Vs. Azizur Rahman & others, 2004, 33 CLC (AD)
.... 17. The judgment and order passed by the High Court Division in Criminal Revision Nos.88, 89 & 90 of 1987 are hereby set aside. Ed. This Case is also Reported in: II ADC (2005) 80. ...... No. 1 (In Criminal Appeal Nos. 3-5 of 1996). Not represented - Respondents (In Criminal Appeal Nos. 17 of 1996). Criminal Appeal Nos. 03-05 & 17 of 1996 (From the Judgment and Order dated 13.08.1995 and 12.02.1996 passed by the High Court Division in Criminal Revision N...... 3. Leave was granted to consider the submissions that the accused petitioner being the Managing Director of a Private Limited Company in which the Government has no share is not a public servant and as such the Special Judge has no jurisdiction to try the alleged offences. Therefore th..Category: Criminal Law | Date: | Hits: 40
Md. Jamiruddin Biswas Vs. Bangladesh, 2007, 36 CLC (AD)
....nd no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 297. ......……………………….............................................Petitioner Vs. The Government of the People's Republic of Bangladesh and others………Respondent Judgment November 18, 2007. ......ted and controlled by the Government under Article 55(6) of the Constitution of the People's Republic of Bangladesh and the petitioner represented as a citizen of Bangladesh as well as public servant under local authority guided under Article 59 of the Constitution. The government appr..Category: Others | Date: | Hits: 87
Director General, NSI Vs. Sultan Ahmed, 1995, 24 CLC (AD)
....ther although they are otherwise equal. In the result, therefore, he appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 596. ......ecord-For the Appellant. M. A. Wahhab Miah, Advocate, instructed by Shamsul Huq Siddique, Advocate-on-Record-For the Respondent. Civil Appeal No. 37 of 1995. (From the Judgment and Order dated April 28, 1994 passed by the Administrative Appellate Tribunal in Appeal No. 21 -of......rplus' under the Ordinance and the Rules. Mr. M.A. Wahab Miah submitted that although the Ministry of Establishment has the responsibility to deal with absorption/ employment of surplus public servants but a particular Ministry can and should declare as to who have become surplus in that Min..Category: Employment/Service Law | Date: | Hits: 119
Government of Bangladesh & anr Vs. Sheikh Munsur Rahman, 2004, 33 CLC (AD)
....d, allowed the appeal and accordingly no interference is called for. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 562. ...... (2004) 562. ......it appears in his application before the Administrative Tribunal the respondent specifically stated that in Rule 7(1) (b) of the Rules it has been specifically provided that when a Government servant is to be proceeded against under sub clause (iii) of clause (d) of Rule 3 and the authority..Category: Administrative Law | Date: | Hits: 94
Md. Abdul Mazid Vs. Secretary, Ministry of Energy and Mineral Resources, BD, 2002, 31 CLC (AD)
....dgment and order dated 20.5.1998 passed by the High Court Division in Writ-Petition Nos. 4646 and 4648 of 1997 are set aside. Ed. This Case is also Reported in: 1 ADC (2004) 409. ........................Appellant (In Civil Appeal No. 320 of 2001) Monir Ahmed......................Appellant (In Civil Appeal No. 321 of 2001) Vs. The Secretary, Ministry of Energy and Mineral Resources, Bangladesh Secretariat, Dhaka and others.........Respondents. (In both ....... Torab Ali Vs. Bangladesh Textiles Mills Corporation reported in 41 DLR 138 that:- "The petitioner is an employee of a statutory Corporation. He is not a government servant. He cannot claim a second opportunity to show cause as a matter of right. But if his Servi..Category: Employment/Service Law | Date: | Hits: 89
Government of Bangladesh Vs. Md. Akhteruzzaman, 2002, 31 CLC (AD)
....refore no question of review arises. In view of the above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2002) 335. ......ate-on-Record-For the Appellant. Md. Serajul Huq, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent. Civil Appeal No. 48 of 2000 (From the judgment and order dated 20.8.1995 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No. 142...... 5. In view of the above a reference may be made to section 5(1) of the Government Servant (Special Provisions) Ordinance, 1979 which is to the effect: "When a Government servant is to be proceeded against for any of the offences mentioned in section 3, the appointing ..Category: Employment/Service Law | Date: | Hits: 62
Md. Saiful Islam and another Vs. Sheikh Hasanul Huq and others, 2004, 33 CLC (AD)
....ed without any order as to cost and the judgment and order passed by the High Court Division making The Rule absolute is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 290. ......4) 290. ......ally attached to PDB and their liens on the post of Assistant Engineers as held by them in PDB remained fully alive when they were on deputation. Lien in Service Law, connotes the right of a public servant to hold the post substantially to which he is appointed. The word "lien" or..Category: Employment/Service Law | Date: | Hits: 82
Khurshid Alam and other Vs. Azizur Rahman and others, 2004, 33 CLC (AD)
....d. The judgment and order passed by the High Court Division in Criminal Revision Nos. 88, 89 & 90 of 1987 are hereby set aside. Ed. This Case is also Reported in: 1 ADC (2004) 277. ......lam J Khurshid Alam..........Appellant (In Criminal Appeals Nos. 3-5 of 1996) Md. Shahjahan..............Appellant (In Criminal Appeal No. 17 of 1996) Vs. Azizur Rahman and others.....Respondents (In all the appeals) Judgment March 1, 2004. Lawy...... 3. Leave was granted to consider the submissions that the accused petitioner being the managing Director of a Private Limited Company in which the government has no share is not a public servant and as such the special Judge has no jurisdiction to try the alleged of offences. Therefore..Category: Criminal Law | Date: | Hits: 40
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. ......ddin Ahmed, Advocate instructed by Shamsul Haque Siddique, Advocate-on-Record-For the respondent (appeared with the leave of the Court) (In both the appeals). Civil Appeal Nos. 102 and 103 of 1997. (From the Judgment and order dated 26-11-96 passed by the Administrative Appella......ecree for arrear salary taking the then prevalent view that salary is a bounty of the Crown. The High Court of West Pakistan, Lahore in appeal held that the doctrine that the salary of a government servant is a bounty of the State is no longer applicable. On appeal by the State on the strength of ..Category: Administrative Law | Date: | Hits: 138
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. ...... ...... 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. ..Category: Administrative Law | Date: | Hits: 95
Arun Karmakar Vs. State, 2002, 31 CLC (AD)
....e petition of complaint that the victim girl was about 15½ years of age and a student Class X of Mazahar Memirial High School and together with the concise statement filed a certificate of the Headmaster of the said School stating that victim Mamota Karmaker, daughter of Arun Karmaker of village ......mudul Amin Choudhury CJ Mainur Reza Chowdhury J Mohammad Fazlul Karim J Arun Karmakar...........................Appellant Vs. The State represented by the Deputy Commissioner, Satkhira and another ……………....Respondents Judgment February 3, 2002. Result: The appeal......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. ..Category: Criminal Law | Date: | Hits: 34
Md. Amzad Hossain alias Khoka Vs. Dr. A.K.M. Mobarak Hossain, 2007, 36 CLC (AD)
.... on record arrived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 212. ......vil) Present: Md. Joynul Abedin J Md. Abdul Matin J Md. Amzad Hossain alias Khoka……………..Petitioner Vs. Dr. A.K.M. Mobarak Hossain being dead his legal heirs: 1. Jahanara and others .......Respondents Judgment December 4, 2007. Lawyers Involved: Abdul Quayum,...... on record arrived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 212. ..Category: Property Law | Date: | Hits: 26
Commissioner of Customs, Dhaka and others Vs. M/s. Diplomat Garment (Pvt.) Ltd., 2007, 36 CLC (AD)
....ring and exporting its garment products and accordingly obtained a licence for setting up a bonded warehouse for storing its raw materials imported by opening back-to-back letter of credit against master Letters of Credit sent by its foreign buyers from time to time. The imported goods were stor...... (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J The Commissioner of Customs, Customs House, Dhaka and others.....Petitioners Vs M/s. Diplomat Garment (Pvt.) Ltd., represented by it's ......ect decision. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 206. ..Category: Fiscal/Taxation Law | Date: | Hits: 55
Ziaul Huq alias Ziabul Haque Vs. State, 2007, 36 CLC (AD)
....tting secret information on 21.8.1992 he along with other task forces including BDR personnel went to the house of accused Monir Ahmed and searched it in presence of the witnesses and recovered 20 master cartons of Benson Cigarettes of London worth about Taka 6,00,000/- and arrested two accused ......cted by A. K. M. Shahidul Huq, Advocate-on-Record-For the Petitioner. Not Represented- the Respondent. Criminal Petition for Leave to Appeal No. 246 of 2005. (From the judgment and order dated 9.11.2004 passed by the High Court Division in Criminal Miscellaneous Case No. 939......ed the rule. There is therefore no warrant in law to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 179. ..Category: Criminal Law | Date: | Hits: 34
Salah Uddin Shoaib Choudhury Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)
....n and the writ petition is not maintainable. 6. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 89. ......t: M. M. Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Salah Uddin Shoaib Choudhury….................Petitioner Vs. Government of Bangladesh and others….....Respondents Judgment July 1, 2008. Lawyers involved: ......ous to perform Public duties and to Protect Public Property. Observance of the constitution will in reality, enable a person to be a good citizen in our country. A duty is also cast on a public servant of the Republic to serve the people with honesty and dedication." But without..Category: Criminal Law | Date: | Hits: 43
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