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Secretary, Zilla Parishad, Faridpur Vs. Md. Lutfur Rahman and others, 2005, 34 CLC (AD)
....ade hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: V ADC (2008) 636. ......y 31, 1983, that on June 1, 1989 post of Stenographer fallen vacant and since then plaintiff was working as Stenographer in the office of the Chairman of the Zilla Parishad, that he applied seeking appointment as Stenographer in the office of the Chairman of the Zilla&nbs..Category: Civil Law | Date: | Hits: 107
Bangladesh Bank and another Vs. Administrative Appellate Tribunal, 1991, 20 CLC (AD)
....'s own rule. The direction of the Appellate Tribunal suffers from no infirmity. The petitions are dismissed. Ed. This Case is also Reported in: 44 DLR (AD)(1992) 239. ......nistrative Tribunal held that it is the mandatory duty of the Bank to maintain the above ratio, and it is also desirable that the Bank should follow the rule as far as possible. But because of the appointment of 73 Officers, made during the pendency of respondent No. 3's earlier case in court, t..Category: Administrative Law | Date: | Hits: 180
Mazu Bibi and others Vs. Rabeya Begum and others, 2006, 35 CLC (AD)
....hat in support of the defendants' case that the defendant No. 4 was the Tadbirker and he was ill on the date of peremptory date of hearing no medical certificate was produced and the neighbouring and independent witness was also not examined. The trial Court also observed while dismissing the Miscel......e hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 267; III ADC (2006) 702...Category: Limitation Law | Date: | Hits: 171
Vice Chairman, Export Promotion Bureau and Govt. of BD Vs. Acqua Foods Ltd & ors, 1997, 36 CLC (AD)
....nds that it was violative of the principles of natural justice as no show cause notice was issued to them prior to the cancellation; that the Controller of Imports and Exports had not exercised his independent decision but had acted upon the direction of the Government and that the Controller of ......stand, even without a challenge of the Government’s action. The leave petitions are, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 113. ..Category: Business or Commercial Law | Date: | Hits: 89
Ministry of Information, BD Govt. & Others Vs. Jamuna Television Ltd & Others, 2008, 37 CLC (AD)
....unication system and the NOC cannot be treated as a substitute for the licence. The Ministry of Information has not yet granted any licence to the JTV. The further case is that the Commission is an independent statutory body and is not bound to grant allocation of frequency and licence until and ...... and circumstances of the case and in view of the discussions made above, both the leave petitions are dismissed. Ed. This Case is also Reported in: 2008 BLD (AD) 28. ..Category: Information Technology Law | Date: | Hits: 321
Khandkar Md. Mizanur Rahman Hira Vs. Government of the People's Republic of BD, 2007, 36 CLC (AD)
....ance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 150. ......e (Administration), Dhaka (the revisional Authority) were all null and void and that the petitioner is still in service. 2. The facts of the case, in short, are that the petitioner got appointment on 1-1-1998 as a police sergeant through direct recruitment and joined the Khulna Metr..Category: Employment/Service Law | Date: | Hits: 91
Dr. S.M. Yunus Ali Vs. Joint District Judge and Artha Rin Adalat & another, 2007, 36 CLC (AD)
....on do not suffer from any illegality or infirmity so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 167. ...... on 10.7.2004 for delivery of judgment and subsequently the said date was shifted to 25.7.2004 and in the meantime, on 21.7.2004, the petitioner filed an application under Order 26 rule 11 CPC for appointment of an Advocate Commissioner to examine the Accounts of the petitioner maintained with t..Category: Civil Law | Date: | Hits: 91
Md. Nasir Uddin Vs. Government of Bangladesh & Ors., 2005, 34 CLC (AD)
.... There is no substance in the submission of the learned Advocate for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 151. ......the application under Article 102 of the Constitution filed impugning Memo No.7 Bichar-7/2N-50/87(Part)(11)/132 dated 14.2.2005 issued under the signature of respondent No.2 giving approval to the appointment of respondent No.4 as Nikah Registrar on temporary basis for 7 Puti Bila Union Parishad..Category: Constitutional Law | Date: | Hits: 108
Md. Abdur Rahman Vs. Government of Bangladesh and another, 2005, 34 CLC (AD)
....bmissions of the learned Counsel for the appellant. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 87; 11 MLR (AD) 2006, 217. ......SA he fell seriously ill and was absent from duty for a period of 2 years 10 days with effect from 1.10.1984. Subsequently on his prayer, the Chief Engineer, Public Health Department gave him a fresh appointment in a project as work-charged Assistant Engineer on 24.10.1967 on humanitarian ground. Th..Category: Administrative Law | Date: | Hits: 136
Md. Fazlul Haque Vs. Md. Hossain Ali Sarker and others, 2008, 37 CLC (AD)
....hat the points raised by the learned Advocate for the petitioner have got no substance. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 531. ......by the aggrieved party against an interim order passed by the appellate Court which awaiting for disposal. So, the proceeding drawn under section 145 of the Code of Criminal Procedure and the very appointment of receiver restraining both the parties from entering into disputed land is out and ou..Category: Property Law | Date: | Hits: 21
BADC and another Vs. Md. Shamsul Haque Mazumder and 27 others, 2008, 37 CLC (AD)
.... the employer has the authority to terminate the employment of “undesirable, inefficient, corrupt, indolent and disobedient employee”, but such authority must be exercised fairly, objectively and independently………….(39) Result: The appeals are dismissed. Cases Referred To- B......lation, 1990 and the said Regulation, as it appears having a non-obstante clause authorises to release the employees from service and the order of release from service has been passed in terms of the appointment letter of the writ petitioner-respondents by invoking the said provision of law to imple..Category: Employment/Service Law | Date: | Hits: 105
Bangladesh Vs. Iqbal Hasan Mahmood Tuku, 2008, 37 CLC (AD)
....ase was validly taken against the respondent under sections 165 and 166 of the Income Tax Ordinance for making false statements and also for concealing particulars with a view to evading income tax independently of any proceeding for assessment under sections 83 and 93 of the Income Tax Ordinanc......ore maintainable. In view of the foregoing discussions the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 147. ..Category: Fiscal/Taxation Law | Date: | Hits: 97
State Vs. Liaquat Hossain @ Liaqut, 2007, 36 CLC (AD)
....f admitted fact that the witnesses proved the recovery of incriminating articles from the control and possession of the accused-respondent beyond reasonable doubt who are found to be independent/disinterest inasmuch as have got no enmity with the accused-respondent. 15. For ......to serve out the remaining sentences, if any, failing which the Deputy Commissioner, Dhaka shall, secure his arrest as per law. Ed. This Case is also Reported in: V ADC (2008) 446. ..Category: Criminal Law | Date: | Hits: 24
Towfiqul Islam & ors Vs. S.M. Mohiuddin, Officer-in-charge, Motijheel, Dhaka & ors 2007, 36 CLC (AD)
....in law. There is therefore no cogent reason for considering the prayer for review. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 434. ......ion of the suit property. 5. On behalf of Monowara Islam an application was filed on 2.12.1997 before the Chief Metropolitan Magistrate, Dhaka for setting aside the said order of appointment of receiver on the ground of the order of status-quo passed in Title Suit No.358 of 199..Category: Criminal Law | Date: | Hits: 32
Government of Bangladesh Vs. Md. Aftab Uddin Fakir, 2006, 35 CLC (AD)
....ision. There is no cogent reason to interfere with the same. The leave petition is dismissed upon condonation of delay. Ed. This Case is also Reported in: V ADC (2008) 416. ...... U.D. Assistant by office order dated 27.07.1995 and lastly retired from service on 30.12.1996. The petitioner had rendered 28 years 1 month and 9 days of services with effect from the date of his appointment as temporary work Assistant but the respondents most illegally and arbitrarily excluded..Category: Administrative Law | Date: | Hits: 115
Md. Alauddin Vs. Azizul Hussain and others, 2007, 36 CLC (AD)
....nce to that effect. The learned Advocate further submitted that the trial Court relied upon the testimony of P.W.2, Pukon Miah, but in fact the said P.W.2 is a man from different village and not an independent witness, rather loyal to the pre-emptee purchaser and as such, his evidence can not be...... of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 389. ..Category: Property Law | Date: | Hits: 20
Anwarul Azim and others Vs. Fatema Khatoon and others, 2006, 35 CLC (AD)
....d in suit left by Saleh held, "On the evidence, it is clear that defendant No.1 was in a position of active confidence with said women. Defendants failed to prove that said women had any independent advice from anybody before the execution of the deed of gift and they understood the di......ound of the discussions made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 96. ..Category: Property Law | Date: | Hits: 37
Bangladesh, Gas Fields Co. Ltd. Vs. Md. Fariduddin Ahmed and ors., 2007, 36 CLC (AD)
.... Division did not commit any error in discharging the Rule. Accordingly both the appeals are dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 324. ......p; 4. The appellant opposed both the Rules by filling affidavit-in-opposition contending that the respondent No. 1 in Civil Appeal No. 196 of 2000, in terms of his letter of appointment, was to retire on completion of his 57th year and likewise the respondent No. 1 in Civi..Category: Employment/Service Law | Date: | Hits: 90
Abdur Rahman and others Vs. Sultan @ Sultan & others, 1982, 11 CLC (AD)
....ndolent respondent cannot claim any equitable relief. In the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside. Ed. ......plaintiffs instituted a suit for partition of the suit property by metes and bounds. It was decreed in preliminary contest on 29.4.1972. Thereafter, the plaietiffs submitted an application for appointment of a pleader commissoner to draw the final decree. A pleader commissioner was app..Category: Property Law | Date: | Hits: 23
Dr. Mohammad Sarwar Ramiz & others Vs. Dr. Shyam Sundar Kundu (FCPS) & others, 2007, 36 CLC (AD)
....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. ......bsp; and another to the post of Assistant Professor of Radiology stating, inter alia, that Bangladesh Public Service Commission (PSC) invited applications from the candidates for appointment in various posts including Assistant Professor, Radiology by circular dated ..Category: Employment/Service Law | Date: | Hits: 100