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Bangladesh Agricultural Development Corporation (BADC) Vs. AKM Abdus Salam & ors, 2006, 35 CLC (AD)
....se. We are fully in agreement with the above finding of the High Court Division. In such view of the matter, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......dent No. 2 should not be directed to consider the case of the writ-petitioner-respondent for promotion, contending, inter alia, that the petitioner-respondent is a Diploma Engineer and on his appointment as Sub-Assistant Engineer under the erstwhile East Pakistan Agricultural Development Co..Category: Employment/Service Law | Date: | Hits: 66
Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)
....lent. 12. The learned Counsel for the appellant primarily submitted that conviction of the appellant being based on contradictory evidence as regard demand of dowry and there being no independent witness to establish the prosecution case of demand of dowry by the condemned prisoner ...... and as stated earlier the victim in her 46 pages Diary did not mention anything about demand of dowry or torture upon her for dowry though she narrated therein the details of her love, emotion, disappointments, quarrels with the condemned appellant in her day-to-day conjugal life which belied t..Category: Criminal Law | Date: | Hits: 59
Government of Bangladesh and others Vs. Khondaker Khairul Kabir, 2006, 35 CLC (AD)
....al on correct appreciation of the materials on record and the law applicable allowed the appeal and accordingly, no interference is called for. The petition is dismissed. Ed. ......al on correct appreciation of the materials on record and the law applicable allowed the appeal and accordingly, no interference is called for. The petition is dismissed. Ed. ..Category: Administrative Law | Date: | Hits: 113
Begum Shamsunnahar Vs. Government of Bangladesh, 2006, 35 CLC (AD)
.... and non-consideration of the materials on record arrived at an erroneous decision requiring interference by us. Accordingly, the appeal is allowed without any order as to costs. Ed. ......gainst appellant under sections 406/409/109 of the Penal Code read with section 5(2) of the Prevention of Corruption Act, 1947, she was removed from service in terms of the conditions of her appointment letter dated 2-10-1994. It is undisputed that in the appointment letter Annexure-Ka, it..Category: Administrative Law | Date: | Hits: 128
Nagendra Chandra Sarkar Vs. Aftabuddin and others, 1992, 21 CLC (AD)
....sufficient time for retrial when the appeal was disposed of by the High Court Division. Result of a criminal case does not affect a civil suit in which the Court is free to come to its own finding independent of the result of a criminal case. 14. Mr. Shaukat Ali Khan contends that indepen......ble. In the circumstances, we do not think it proper to interfere with the order of acquittal. The appeal is therefore dismissed. Send down the record of the trial Court immediately. Ed. ..Category: Criminal Law | Date: | Hits: 68
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
....Council, Rural District Council, Parish Council, 32 London Borough Councils, Common Council of the City of London, Councils of Isle of Selli. All these bodies, big or small, are fully autonomous, and independent of the Central Government as well as of each other. All are run by elected persons; and ......elopment Committee" should be exercised and performed by the Circle Officer (Development). After about six months, PO No. 7 of 1972 was again amended, this time by PO No. 110 of 1972. It provided for appointment of an Administrator in place of a committee for running the affairs of all the local bod..Category: Constitutional Law | Date: | Hits: 655
Controller of Examinations, University of Dhaka and others Vs. Mahinuddin & ors, 1992, 21 CLC (AD)
....ly with such requisition.” An appeal under Article 52 gives the respondents an opportunity to have their grievance redressed by the Chancellor, who is to decide the appeal on the basis of an independent enquiry. The Enquiry Commission will consist of persons who are not officers of the Univ......minees who did not challenge it is sustainable in law. Obvious answer is in the negative. Parties will bear their own cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 305. ..Category: Constitutional Law | Date: | Hits: 169
Mohammad Eunus and Brothers (Pvt) Ltd. Vs. Registrar, University of Chittagong ,1992, 21 CLC (AD)
.... considered. But in the present case interest was set aside by my learned brother by giving good reasons on the fact of this case. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 296. ......ersity and asked for arbitration as per contract. The Vice Chancellor was the designated Arbitrator. As the Vice‑Chancellor failed to arbitrate in the matter the contractor-appellant obtained the appointment of Engineer Alhaj Md. Aflatoon, then the Chief Establishment Officer (East), Bangladesh ..Category: Alternative Dispute Resolution | Date: | Hits: 202
Qazi Karnal Vs. Rajdhani Unnayan Kartripakha and another, 1992, 21 CLC (AD)
....or to come to a finding that the information or declaration given by the lessee has been made falsely and even though the lessor may receive a secret or open information from any source it has the independent duty to enquire into the allegations received against the lessee and come to an indepen......bsolute and it is hereby directed that the name of the appellant be mutated in place of the original lessee Md. Abdul Matin, in the relevant registers and papers of the respondents. Ed. ..Category: Property Law | Date: | Hits: 110
Bangladesh Freedom Fighters Welfare Trust and another Vs. Md. Momtazul Hossain, 1992, 21 CLC (AD)
.... decided the matter will have no effect so far as the instant matter is concerned. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 44 DLR (AD) 273, 1992 BLD (AD) 199. ...... of the Service Rules, 1979 reads as follows: "2. (1)(a) "Appointing Authority" means the Board and includes, in relation to any post or class of posts any officer authorised by the Board to make appointment to such post or class of posts; ................................... The following ne..Category: Employment/Service Law | Date: | Hits: 93
Bashir Ahmed Vs. Bangladesh Jute Mills Corporation and others, 1992, 21 CLC (AD
.... the Challan Register maintained at Kanaipur Centre, and made observation that so far as the Manager (appellant) is concerned, he had either connived at this purchase or neglected his duty to make independent verification of the questioned jute before he stored it in the godown. 8. The BJ......the appellant reasonable opportunity to defend himself. There is no scope whatever for court's interference with the authority's finding. The appeal is therefore dismissed. No cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 67
Rafiqul Islam Vs. State, 1992, 21 CLC (AD)
....that the appellant caught hold of the victim by his hair. In dismissing the appeal of the appellant and Mansur Ali the learned Judges of the High Court Division observed: "[PWs 2-5] are independent witnesses. They have no enmity with the accused-appellants. Of course, PWs 2-5 did not......ich the appellant did not share. In the result, the appeal is allowed. The appellant is acquitted. Let him be released at once if not wanted in connection with any other case. Ed. ..Category: Criminal Law | Date: | Hits: 65
Narayan Chandra Rajak Das Vs. Md. Amjad Ali Miah and others, 1992, 21 CLC (AD)
....ce. 15. In the last analysis, therefore, it boils down to appreciation of evidence. While the trial Court could not place reliance on some witnesses, the lower appellate Court did so giving independent reasons. One may differ with the appreciation of evidence by the lower appellate Court ......appellate Court's judgment was not a proper judgment of reversal. For all the above reasons, we do not find any merit in this appeal. Hence the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 67
BD Chemical Industries Corporation & another Vs. M/s Sattar Match Works & ors, 1992, 21 CLC (AD)
....under the BCIC for management. 17. Although both the industrial units were using the trade mark "Cock" both before and after the coming into force of PO No. 16 of 1972 neither had independent claim to the said trade mark, for, the trade mark was registered in the name of the pro......a period of six months from the date of filing of the application. Civil Appeal No. 36 of 1991 is dismissed. There will be no order as to cost in either of the appeals. Ed. ..Category: Intellectual Property Law | Date: | Hits: 227
Shamsuddin Ahmed, Advocate Vs. People's Republic of Bangladesh, 1992, 21 CLC (AD)
....h, shall, as from the commencement day, be construed as an Advocate entitled to practise before both the Divisions, High Court Division and Appellate Division of the Bangladesh Supreme Court. Even independent of this specific statute, section 6(c) of the General Clauses Act will apply to the app...... Advocate of the Appellate Division of the Bangladesh High Court from 3.8.72 and of the Appellate Division of the Supreme Court from 16.12.72. The Appeal is allowed. No cost. Ed. ..Category: Others | Date: | Hits: 92
.... Rule 2(e) are the agents of the Government for the administration of Class B (4) category of land. They hold a position of official independence from the Military authorities and are also officially independent of the Cantonment Boards and are subject to the orders of the Central Government alone (......eal is dismissed without any order as to costs. Four months' time from date is granted to remove the structures, machineries, etc. from the disputed land.
Ed.
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Category: Property Law | Date: | Hits: 68
Jogendra Nath alias Govinda Sarker Vs. Amulya Chandra Sarker and others, 1992, 21 CLC (AD)
....others. The prayer for separate saham by defendants 7, 9 and 11 was refused as the suit was dismissed. In the result, therefore, the appeal is dismissed with cost. Ed. ......nt, it is obvious that in every case where either the Will itself, or anything done under it by the executor, is challenged, proof of execution and capacity on the part of the testator, and of the appointment of the executor, would be required. The object of the section is only to get rid of thi..Category: Property Law | Date: | Hits: 77
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....person qualified and appointed as a Judge of the Supreme Court, came up for consideration. In our case the tribunals are established not as a subordinate court under Article 114 but as a distinct and independent forum, in exercise of the power conferred by Article 117, with an enumerated jurisdictio......there being no provision for appeal except one to the Supreme Court, it was held that the Tribunal must be a worthy successor to, and a substitute of the High Court in all respects. The provision for appointment of Secretary to the Government of India as the Chairman of the Tribunal was struck down...Category: Administrative Law | Date: | Hits: 203
Jamuna Oil Company Limited and another Vs.SK Dey and another, 1992, 21 CLC (AD)
....d judgment of the High Court Division as well as the decree passed by the two Courts below. The appeal is, therefore, allowed and the suit of respondent No. 1 is dismissed. No costs. Ed. ......imited Company. The Bangladesh Petroleum Corporation exercises its powers under the Articles of Association and not by virtue of being a parent body. The Corporation owns the Company. It makes the appointments and it dismisses the Officers and employees of Jamuna Oil Co. Ltd. under the Articles ..Category: Employment/Service Law | Date: | Hits: 89
Government of Bangladesh Vs. Aziz Molla, 1992, 21 CLC (AD)
....ed of release looks innocent but it is to all intent and purpose a deed of sale." This finding of the lower appellate Court could have been sustained, if there would have been any independent consideration of the recitals of the document as such. But from the judgment it appears......ant‑Government is illegal, without jurisdiction and not binding upon the plaintiffs. Order of the Court By a majority decision the appeal is allowed without cost. Ed. ..Category: Others | Date: | Hits: 178
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