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....trument in line with the Nitimala 2001.
53. Both the appeals are accordingly dismissed without any order as to costs.
This Case is also Reported in: 15 MLR (AD) (2009) 41; VII (ADC) (2010) 91.
......ion No.6219 of 2007 making the Rule absolute with direction.
3. The writ-petitioner invoked writ jurisdiction under Article 102(2)(b)(ii) of the Constitution by way of quo-warranto challenging the appointment of writ respondent No.5 Kazi Habibul Awal, Additional Secretary, Legislative Drafting Wi..
Category: Constitutional Law | Date: | Hits: 207
National University and others Vs. Begum Sultana Razia, 2009, 38 CLC (AD)
....esent case and in accordance in the fact. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 190, VIII ADC (2011) 307.......and Madrasa. In early 2004, in response to an advertisement made by the National University, she applied for the post of Deputy registrar and was appointed on 17.10.2004 on ad-hoc basis. In the appointment letter, it was mentioned that she would be treated as a probationer for one year and she..Category: Employment/Service Law | Date: | Hits: 118
Country Director, World Bank Vs. Ismat Zerin Khan, 2009, 38 CLC (AD)
.... at a correct decision. We, therefore, find no reason to interfere with the same. The petition in accordingly dismissed. Ed. This case is also Reported in: 18 BLT (AD) (2010) 1. ......of Assistant Judge, Dhaka and it was subsequently renumbered as Title Suit No. 92 of 2003 on transfer in the Second Court of Assistant Judge, Dhaka for declaration that the non-confirmation of her appointment and termination of her employment by the defendant No. 2 is illegal and not binding upo..Category: Employment/Service Law | Date: | Hits: 104
Moyez Uddin Sikder and others Vs. State, 2007, 36 CLC (HCD)
.... are to remember another cardinal principle as to the interpretation of law relating to the curtailment of jurisdiction of the superior Courts. It is well settled that in a democratic country with an independent judiciary the jurisdiction of Superior Courts are not to be interpreted to have been tak......bstinate expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. SM Emdadul Hoque, J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 101
Md. Azizul Hoque Vs. Md. Aftabuddin and others, 2009, 38 CLC (AD)
....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) 971. ...... written examination and viva-voice examination of candidates appeared in the examination selected the plaintiff for the post, of Assistant Head Master and the Managing Committee on 7.9.2003 issued appointment letter to him. The plaintiff accordingly submitted his resignation from the post of As..Category: Employment/Service Law | Date: | Hits: 106
Sreemati Priti Rani Chakraborty and others Vs. J.M. Sen Institute, 2006, 35 CLC (AD)
....fendants, the High Court Division fallen into an error of law in holding that the defendants are licensees under the plaintiff, that it was inappropriate for the High Court Division to give an independent decision on the facts over which both the Courts were silent and in that state of the ...... made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 945. ..Category: Property Law | Date: | Hits: 82
Administrator of Waqfs, Bangladesh and other Vs. Shah Mohammad Alinoor & others, 2009, 38 CLC (AD)
....rrect decision and there is no illegality or infirmity in the above decision so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 930.......e Rule and filed an affidavit-in-opposition contending that there was no connivance or misappropriation or mismanagement of waqf estate by him; Justice M.R. Khan made a nomination on 6.7.1976 for his appointment as mutawalli and accordingly after the death of Mr. Justice M.R. Khan in 1990 he easily ..Category: Trust/Waqf Law | Date: | Hits: 518
Ahmed Hossain Khan Vs. Mosammat Hamida Begum Chowdhury and another, 2007, 36 CLC (AD)
....r witness in support of her case and in refutal of the case of the plaintiff. 6. The trial Court decreed the suit on the findings that the plaintiff by the competent and reliable as well as independent witness proved the fact of payment of Tk. 3,50,000/- as earnest money and receipt ...... discussion made hereinabove we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 901. ..Category: Property Law | Date: | Hits: 100
A.K. Reazul Karim Vs. State, 1983, 12 CLC (AD)
....The learned Magistrate declined to pass such order and thought that the proper order would be to return the goods to the accused and the Customs Authority may, if necessary, thereafter mike their own independent seizure from the person who take delivery of goods without further reference to the Cour......s are allowed. Proceedings are quashed and the judgment of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 113. ..Category: Fiscal/Taxation Law | Date: | Hits: 129
Arif Hossain @ Shuvro Vs. State, 2009, 38 CLC (AD)
....ly on the basis of the police evidence relying upon the case of Tota Pramanik vs. the State reported in 59 DLR 492 which is not applicable in the instant case and that there is no independent witness and non considering the evidence of Pws.8 and 9 who are independent and seizure......bmissions made by the learned Counsel for the petitioner do not merit consideration. Leave petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 895. ..Category: Criminal Law | Date: | Hits: 120
S. M. Mosharaf Hossain Vs. Sonali Bank and others, 2009, 38 CLC (AD)
....before the tribunal was barred by limitation and set aside the judgment of the Administrative Tribunal. The Administrative Appellate Tribunal further held that the order dated 10.04.2001 is not an independent order. Since it is a question of limitation provided by special law the finding of the ......er successful completion of the probationary period, the petitioner was confirmed in the said service as an officer with effect from 02.09.1982 by letter dated 31.07.1983. 3. Since appointment the petitioner had been serving the Bank with all sincerity, honesty and diligence. Dur..Category: Administrative Law | Date: | Hits: 423
Surendra Mohan Bandayapadhya Vs. Lalit Mohan Das, 2009, 38 CLC (AD)
....n the depositions of defendant Nos.1 and 7, and the appellate Court further held that the depositions of P.Ws.2-6 in proving the plaintiffs possession of the suit land, though appear to be of independent witnesses, but their evidence cannot get preference to those of D.Ws. since suppor......onsideration on the facts and evidences on record. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 825. ..Category: Property Law | Date: | Hits: 38
Sufia Khatun Vs. Amin Hossain Mondal and others, 2005, 34 CLC (AD)
....n of the land, that defendants have no possession in the land in suit, that the dakhilas filed by the defendants in support of their claim of taking settlement have not been proved by the competent independent and dis-interested witness and as such no reliance can be placed on these dakhilas, th......ons made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 164. ..Category: Property Law | Date: | Hits: 35
Md. Bazlur Mohammad Vs. Bangladesh , 2008, 37 CLC (AD)
....is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 799. ......ty corporation or pourashava, not more than three wards and (b) In the case of other areas, not more than three unions and that the respondent No. 2, by the order dated 16.07.2002, upheld the appointment of Nikah Registrars of 10 Wards of Dhaka City Corporation which was abolished earlier b..Category: Civil Law | Date: | Hits: 100
Haji Md. Selim Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)
....e customs duty can be made leviable or can be imposed against any particular item at the rate as it prevails on the date of the presentation of the bill of entry. Though Section 19 and Section 30 are independent to each other but the petitioner as a business man is very much aware of the express pro......stance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 777; 17 MLR (AD) (2012) 249. ..Category: Fiscal/Taxation Law | Date: | Hits: 83
Government of Bangladesh and others Vs. Md. Abdul Halim Miah and (3) others, 2003, 32 CLC (AD)
....e appeals are allowed without any order as to costs and the impugned judgment and order making the rules absolute are hereby set aside. Ed. This Case is also Reported in: I ADC (2002) 230. ......0.9.76 and on 17.12.76 respective and the writ petitioner Md. Abdus Salam of Writ Petition No. 5362 of 2000 was appointed on 17.12.76 as the Assistant Engineer (Civil) of Road and Highways. All these appointments were on ad hoc basis for six months or till regularization of service by the Public Ser..Category: Employment/Service Law | Date: | Hits: 118
.... evidence need be produced and proved and for the same the Civil Court is a proper forum.
26. The facts giving rise to Civil Appeal No.245 of 2005 being an appeal at the instance of a 3rd party an independent contractor, who was awarded the contract has no connection whatsoever the dispute betw......it petition alleged "the disputes to be from ceaser to ceaser". Further, if there be any dispute against the named arbitrator, the Arbitration Act, 2001 provides for moving the relevant Court for appointment of alternative arbitrator by the Court and as such the reason given by the High Court Di..
Category: Civil Law | Date: | Hits: 212
Major Md. Bazlul Huda (Artillery) Vs. State, 2009, 38 CLC (AD)_Part One
....ppellate side power irrespective of whether the accused sentenced to death preferred an appeal or not and accordingly the High Court Division is bound to consider the evidence and then arrive at an independent conclusion as to the guilt or innocence of the accused. The power of the High Court Div......LR (AD) 69, Tara Singh and others V. State of Punjab 1991 Supp (1) SCC 536, Jamna and others V. State of U.P. 1994 Supp (1) SCC 185 and State of H.P. V. Shreekanthia Shekari (2004) 8 SCC 153. ..Category: Criminal Law | Date: | Hits: 310
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Two
.... this witness at the gat of the house of the President and also the statement of this witness that he saw Mohiuddin (Lancer) and his force bringing Bangabandhu down to the ground floor. ...... this witness at the gat of the house of the President and also the statement of this witness that he saw Mohiuddin (Lancer) and his force bringing Bangabandhu down to the ground floor. ..Category: Criminal Law | Date: | Hits: 274
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Four
....ve petition under Article 136 of the Constitution or under Article 134 of the Constitution or under Section 379 of the Code. The third judge is, therefore, required to examine whole of the case independently and it cannot be said that he is bound by that part of the two opinions of the two J......der of Lt. Col. Mohiuddin Ahmed (Artillery) they fired four balls of cannon and after some time by the order of Lt. Col. Mohiuddin Ahmed (Artillery) their cannons were returned to the barrack. ..Category: Criminal Law | Date: | Hits: 208
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