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S.M. Nurul Islam Vs. Padma Oil Company Limited and others, 2006, 35 CLC (AD)
....ions, public institutions and individuals; since 2.5.1980 the petitioner was serving in the respondent No.1 company as its accounts officer sincerely and honestly with satisfaction of his higher authorities; on 6.6.1993 allegation of misconduct was brought against him and then by ......out at all considering Ext. 2 in which the petitioner admitted his guilt. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 292. ..Category: Employment/Service Law | Date: | Hits: 61
BFDC Vs. The Chairman, First Labour Court, Dhaka and another, 2008, 37 CLC (AD)
....b initio". 8. On our query the learned Advocate for the petitioner herein it was submitted that the judgment in the aforementioned reported case was not challenged before the higher Court. Thus it comes to that the decision in the aforesaid case was accepted by the pet......cussion we find no merit in the petitions. Accordingly, these petitions are dismissed on condonation of delay. Ed. This Case is also Reported in: V ADC (2008) 217. ..Category: Labour and Industrial Law | Date: | Hits: 109
Dr. Mohammad Sarwar Ramiz & others Vs. Dr. Shyam Sundar Kundu (FCPS) & others, 2007, 36 CLC (AD)
....ause the appellants and respondent Nos.1-6 were already in Government service and it was not a case of recruitment, rather it was a case of selection for appointment/ promotion to higher posts namely Assistant Professor of Medical Colleges. To appreciate the submissions made at ......Court Division requires interference by us. 19. Both the appeals are accordingly allowed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 181. ..Category: Employment/Service Law | Date: | Hits: 100
Hazi Salahuddin and others Vs. Zinnatan Nesa and others, 2006, 35 CLC (AD)
.... Order 5 Rule 20 of the Code. The admitted position is that order of the learned District Judge passed in Civil Revision No. 13 of 2005 has not been challenged by the defendant-petitioners in the higher forum and it appears that they have accepted that order with good grace. The further admitt......is impugned order. 8. In the aforesaid premises, this petition merits no consideration. Accordingly, it is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 882. ..Category: Property Law | Date: | Hits: 24
Md. Anwar Hossain Vs. Government of Bangladesh, 2004, 33 CLC (AD)
.... signature on three false destruction reports together with other two officers of his department and subsequently he started sending wild and vexatious allegations against superior officers to the higher authority to safeguard himself. The departmental proceeding was started against him for misc......sion, we find no substance in the submissions of learned Advocate. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 12. ..Category: Criminal Law | Date: | Hits: 41
Md. Rezaul Ahsan Vs. Salamat Miah Wakf Estate, 2007, 36 CLC (AD)
....urces that the plaintiff in not accepting the rent wanted to make him defaulter in order to evict the defendant No.1 from the suit premises in order to let the suit premises out to a third party at a higher rate of rent and as such, the defendant No.1 was compelled to file house rent Case No.264 of ......we do not find any substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 110. ..Category: Tenancy Law | Date: | Hits: 184
Government of Bangladesh Vs. Md. Abdur Rashid and others, 2006, 35 CLC (AD)
....ntant and in the High Court Division there are 4 posts of Accountant and that from Government order dated 30.06.1973 it is apparent that pay scale of the accountants of the High Court Division was higher than that of the Secretariat but from Government order dated 01.07.1997 it was found that th......n the Appellate Division there is only one post of Accountant and in the High Court Division there are 4 posts of Accountant and that from Government order dated 30.06.1973 it is apparent that pay scale of the accountants of the High Court Division was higher than that of the Secretariat but fro..Category: Employment/Service Law | Date: | Hits: 69
Md. Atiqullah Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)
....n Misc. Case 16 of 1991 that the Arbitrator in the judgment held that land acquired in the same L.A. case in respect of the same and other adjoining mouzas the compensation money was assessed at a higher rate and the petitioner was entitled to that rate. In this view of the matter the Arbitrator......cle 104 of the Constitution, the Respondent No.1 is directed to pay within 60 days Tk.6, 38,797.63 to the appellant. Ed. This Cases is also Reported in: 12MLR (AD) 2007, 41. ..Category: Property Law | Date: | Hits: 27
ASF Rahman and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....ices which were impugned before the High Court Division in Writ Petition No. 463 of 1998 on the grounds, inter alia, (1) that the notices were issued at the dictation of Bangladesh Bank which was the higher authority of the lender Bank; (2) that the notices were issued by the Managing Director alone......for grant of leave in this case or to interfere with the ultimate decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 61. ..Category: Banking Law | Date: | Hits: 139
Moulana Delwar Hosain Saydee Vs. Sudhangshu Shekhor Halder and others, 2000, 29 CLC (AD)
....s also without jurisdiction. For all the above reasons, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 20. ......ion petition. (v) At the trial a new case has been sought to be made out, namely, that Hindu voters of Samantogati village could not cast their votes due to obstructions by the ‘scale’ badge-holder supporters of the appellant. (vi) The story that it is the app..Category: Election Law | Date: | Hits: 126
Abdul Jabbar (Md) Vs. Government of the People's Republic of Bangladesh & others, 2008, 37 CLC (AD)
....ew of the discussion made above, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed Ed. ......ew of the discussion made above, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed Ed. ..Category: Civil Law | Date: | Hits: 111
Bangladesh Vs. Md. Salahuddin Talukder, 2004, 33 CLC (AD)
....le absolute in Writ Petition No. 5981 of 2000 are hereby set aside and the Rule nisi accordingly stands recalled. Ed. This Case is also Reported in: 2006 (XIV) BLT (AD) 60. ......Preventive Officer at serial No.20, and the Stenographer at serial No. 23, the duties and the recruitment Rules of these posts are also separate. By the said Memo the Government also increased the scale of pay of the Preventive Officers. A group of promoted Appraisers and others claimed seniorit..Category: Constitutional Law | Date: | Hits: 133
Mahfuzul Hoque and ors Vs. Collector of Customs, Customs House, Chittagong & ors, 2005, 34 CLC (AD)
....ioner before it. The respondents appeared in the writ petitions but did not file any affidavits-in-opposition denying the allegations as to arbitrary imposition of tariff value at an unreasonably higher rate. He submits that the very difference in the invoice value and tariff value is indicati...... Government fixes tariff value for any goods imported or exported as are chargeable with customs duty ad-volaram. The provision added by Finance Ordinance 1976 is intended to intervene in the large scale under-invoicing and thereby protect Government revenue. It is not based on the invoice value ..Category: Fiscal/Taxation Law | Date: | Hits: 107
Shahid Hossain Khan (Md) Vs. Abdul Bashed Lashkar and others, 2006, 35 CLC (AD)
.... decree of permanent injunction. 15. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ...... decree of permanent injunction. 15. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ..Category: Civil Law | Date: | Hits: 216
Rabia Bhuiyan, MP Vs. Ministry of LGRD & others, 2005, 34 CLC (AD)
.... of population with sustainable access to an improved water source", over the last few years thousands of tubewells have been found to be contaminated with naturally occurring arsenic at higher contents than WHO-recommended levels and if quality is taken into account, access to safe wa......ing steps taken to implement the Arsenic Policy, 2004 and the Plan. Accordingly, the appeal is allowed within directions as set out above. There is no order as to costs. Ed. ..Category: Environmental Law | Date: | Hits: 255
Muinuddin Zulfiquer (Md) Vs. Government of the Republic of Bangladesh, 2006, 35 CLC (AD)
.... scope of writ jurisdiction to decide the question whether the qualifications/degrees of the writ-petitioner and the respondent No.5 are equal or writ-petitioner's qualifications/ degrees are higher to the respondent No. 5, that the authority in making appointment of the respondent No. 5 an......e of the judgment for review. 8. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly, the petition is dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 76
Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
.... be enticed away from the camp of PW 17. They are not being able to do anything because of him (Zafar). Abu Taher also asked PW 3 to break away from the house of PW 17 and join him. He will be paid higher salary. PW 3 told him that he would not leave the employment of PW 17 unless terminated. As t......e Chowdhury @ Kala Mia and (5) Akhtarul Haque Chowdhury be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 253. ..Category: Criminal Law | Date: | Hits: 74
Mosharraf Hossain Vs. Md. Amir Hossain, Munsif, Election Tribunal and anr, 1978, 7 CLC (AD)
....ppeal and the general power for transfer and withdrawal has been provided in section 24 of the Code of Civil Procedure. When a right of appeal is given and the power to transfer is conferred upon a higher court a duty is cast upon the original court to accommodate any party who wants the transfe......nance does not cast imperative duty on the Tribunal to adjourn a case on the grounds made out in the transfer petition. The appeal is dismissed without any order as to coast. Ed. ..Category: Election Law | Date: | Hits: 122
Dock Workers Management Board Vs. Muhammad Ismail and others, 2005, 34 CLC (AD)
....of grade-V from 10.11.1991. 4. It was further stated that as a result the writ petitioners became subordinate to the Chief Medical officer and that the Chief Medical officer, because of his higher grade in the pay scale, is now qualified, on promotion to be appointed as Vice Chairman but ...... No. 890 of 2003 making the rule absolute and directing the petitioner (writ respondent) to upgrade the post of the respondent Nos.1 to 3 (writ petitioners) with fixation of grade-V of National Pay scale. 3. The aforesaid writ petitioners filed writ petition No.890 of 2003 stating, inter a..Category: Employment/Service Law | Date: | Hits: 88
Governor, Bangladesh Bank, Head Office, Dhaka Vs. M. Habibullah Bahar & another, 2006, 35 CLC (AD)
....ate officer to be placed before the authority concerned and the last note No. 147 which is also not the final order inasmuch as it shows that the same was placed for consideration to the higher authority and the submission that the learned Judges have committed serious error of law in ......oncerned for extension of time limit for completion of formalities and the concerned authority may consider the prayer in accordance with law if found tenable in law. Ed. ..Category: Banking Law | Date: | Hits: 124