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Bangladesh and others Vs. Nawab Abdul Malik Jute Mills Ltd., 2007, 36 CLC (AD)
....nj stating, inter alia, that the aforesaid land along with other lands originally belonged to writ petitioner and those were acquired in LA Case No. 32 of 1968 and 55 of 1968-69 by the Government for public purpose namely, construction of Kanchpur bridge. The construction of bridge along with appr...... error of law in making the Rule absolute and the same requires interference by us. Accordingly, the appeal is allowed with Costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 7. ..Category: Property Law | Date: | Hits: 46
Asaduzzaman (Md) Vs. Bangladesh, 1990, 19 CLC (AD)
....Movement; that it is to be duly recognised by the legal government of its country on the basis of the Geneva Conventions and of the national legislation as a voluntary aid society, auxiliary to the public authorities in the humanitarian field; that it shall have an autonomous status which allows......ry governments to care for the wounded of war, whether friend or foe. That convention has undergone several revisions. In 1949 protection was extended to civilians in time of war. The Red Cross's peace time activities include various humanitarian activities from prevention and relief of human ..Category: Constitutional Law | Date: | Hits: 170
Dr. Syed Matiur Rob Vs. Bangladesh and Others, 1989, 18 CLC (AD)
....ioner, Jessore, PLD 1968 Dhaka 367; Tanbir Ahmed Siddiky Vs. Province of East Pakistan, PLD 1968 (SC) 185; Presiding Officer Vs. Sadruddin Ansari, PLD 1967 (SC) 569; Basanka Lal Banik Vs. Islamic Republic of Pakistan, 1969 SCMR 283; Daryao and others Vs. State of U P and others AIR 1961 (SC) 1457;......for making complete justice in a matter. In view of the above, we dismiss both the appeals, without making any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 126. ..Category: Property Law | Date: | Hits: 32
Md. Sadequr Rahman Vs. Munawar Jute Mills Ltd. and others, 2006, 35 CLC (AD)
....y the Audit Department they asked the petitioner to pay back Tk.90.300.50/- said to have been overpaid to him. The High Court Division held that the petitioner was a person in the service of the Republic and that consequently his remedy lay before the Administrative Tribunal and accordingly......d legal basis and as such not sustainable in law. The direction for refund is not legally sustainable. 14. The appeal is thus allowed without any order as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 84
Md. Nurul Amin Vs. State, 2006, 35 CLC (AD)
...., inter alia, that the High Court Division committed error in passing the impugned judgment failing to consider that sanction of the appropriate Government is a pre-requisite for prosecution of the public servant like accused petitioner and that the High Court Division is wrong in saying that the......has been mentioned above, we do not find that the High Court Division committed any error in the decision. This petition, therefore, being bereft of substance stands dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 39
Bangladesh Bank & others Vs. Messers Fabrica Nacional De Monedy Timbre & others, 1998, 27 CLC (AD)
....se bad because before issuing the injunction order against the appellants in an unusual manner the High Court Division did not hear the appellants which it should have, particularly because of the public importance of the subject from which the appellants were being restrained from doi......ive body of lawyers may consider the matter and move the Government if found necessary. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 119
Mohammad Salim Ahmed @ Md. Salim Miah Vs. State, 2006, 35 CLC (AD)
....ed appellant in the occurrence we may be permitted to say that the private witnesses i.e. P.Ws. 1 to 3 have in a voice said about snatching away of the money in question in broad day light from public road on the date after giving the informant a good beating as well as keeping him into a di......nd order of conviction. We in facts and circumstances do not find any reason to interfere with the impugned judgment and order. The petition having no substance is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 52
Md. Jahangir Alam (Selim) Vs. Md. Hebjul Bari and others, 2006, 35 CLC (AD)
....y has tried to argue that the appellant having accepted the advance of TK. 20,000/- on 13-05-2002 as Chairman of the Union Parishad and non utilization of money amounts to misappropriation of public money and as such the provision of Section 7(2) (f) of the Ordinance is very much attracted.......without any order as to cost. The impugned judgment and order dated 13-04-2003 passed in Writ Petition No. 536 of 2003 are hereby set aside and the rule so issued is hereby recalled. Ed. ..Category: Election Law | Date: | Hits: 108
Trading Corporation of Bangladesh Vs. Md.Abdul Halim Bhuiyan & others (31), 2006, 35 CLC (AD)
.... consider the submission that the TCB felt constrained to issue the orders of discharge retiring the writ petitioners from service considering the better interest of the nation and for better public interest and on the basis of the recommendation made by a high powered committee. The impugn......ty in the impugned orders. The High Court Division, therefore, was not justified in making the Rules absolute. All the appeals are allowed without any order as to costs. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 80
Government of the Peoples Republic of Bangladesh Vs. Sree Subas Chandra Sarker , 2006, 35 CLC (AD)
....r of costs. Ed. ......uresh Chandra Sarkar died leaving the plaintiff as the sole heir to inherit the property got by the gift dated May 31,1958, that his father possessed the gifted property and after him he is in peaceful possession of the land so gifted by the Zamindar, that the defendant No.5 i.e. local Tahsh..Category: Property Law | Date: | Hits: 43
Chair, Board of Int. & Sec. Education, Jessore & ors Vs. Golam Quddus & anr, 2006, 35 CLC (AD)
....e XXXIII of 1961) in short Ordinance of 1961. Before the High Court Division the respondents challenged the orders passed by the Respondents retiring them at the age of 57 on the basis of the public Servants (Retirement) Act, 1974 Act 9 XII of 1974) in short Act of 1974, contending that sec......g the rules absolute. The judgment therefore does not call for our interference. In view of the discussion made above, the appeals are dismissed without any order of to costs. Ed. ..Category: Property Law | Date: | Hits: 32
Commissioner of Customs and anr Vs. Bangladesh Traders, Dhaka, 2006, 35 CLC (AD)
....AD 167) apart from the question of vested right also considered the principle of promissory estoppel as the importer imported the goods on (he assurance of the Government which was notified in the public notice. As it appears although it was argued before the Appellate Division that notification......n made without any lawful authority and of no legal effect and further directing the writ respondents to return the bank guarantees furnished by the writ petitioners are hereby set aside. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 95
Government of Bangladesh Vs. Kamrul Hasan, 2006, 35 CLC (AD)
.... he also neither purchased any air ticket for him and his family nor made arrangements for transportation of personal effects, that tne Government reserves the right to cancel any appointment of a public servant or stay the appointment without assigning any reason for the public interest, that t......into consideration the basic fact that appointment of the respondent was cancelled in public interest. Accordingly the appeal is allowed with cost of Tk.30.000/- (twenty thousand). Ed. ..Category: Administrative Law | Date: | Hits: 123
Government of Bangladesh Vs. A. S. M. Firoj Uddin Bhuiyan, 2006, 35 CLC (AD)
....was further submitted that having regard to Rule 8(2) of Bangladesh Abandoned Property (Land, Building and other Properties) Rules 1972 providing clearly that abandoned buildings, not required for public purpose or in public interest, shall be sold to the highest bidder in open auction, the High...... 16. In view of the above we do not find any substance in the submission of the learned Counsel for the appellants. The appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 41
A. Motaleb Howlader Vs. State, 2006, 35 CLC (AD)
....e co-accused Mohammad Hasan, Md. Sahabuddin and others have been allowed bail by the High Court Division after making the Rule absolute and the petitioner being an elected chairman for the greater public interest his prayer for bail ought to have been considered, but the High Court Division disr...... while passing the impugned judgment and order. We do not therefore find any reason to sustain the attack. 7. The petition, under the aforesaid circumstance, stands dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 47
Government of the People's Republic of Bangladesh Vs. Md. Fariduddin Talukder, 2008, 37 CLC (AD)
....11. ......ground to interfere with the judgment of the High Court Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 111. ..Category: Civil Law | Date: | Hits: 104
Capt. Mir Mazharul Huq Vs. Bangladesh Biman Corporation And Others, 2008, 37 CLC (AD)
.... The order of retirement in respect of the appellant passed by the Bangladesh Biman Corporation under Regulation 11A(2) of the Regulations is not sustainable as the employees of Biman being public servants only the Government has power to retire them under section 9(2) of the Public Serva...... The appeal is allowed with the aforesaid direction to the Respondents. There is no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 21. ..Category: Employment/Service Law | Date: | Hits: 79
Sahera Khatun & others Vs. Abdur Rahim SK and another, 2008, 37 CLC (AD)
....inal Procedure, the learned Judges of the High Court Division were wrong in not referring the matter to a larger Bench for resolving the apparent anomaly of the subject concerning the matter of vital public importance and the same has occasioned failure of justice. 8. The second contention that t......try. In the background of the discussions made hereinabove, we find no merit in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 21. ..Category: Criminal Law | Date: | Hits: 48
Mahmudun Nabi (Md) Vs. Mafizur Rahman Manju and others, 1989, 18 CLC (AD)
....tners. 19. Under section 32(3) read with section 72 of the Partnership Act, retiring partner continues to be liable for any subsequent act of any other partners which would bind the firm until the public notice as prescribed by section 72 is given. In the case of Thummala Rama Rao and others Vs. ......lt, therefore, this appeal is allowed and the judgment and order of the High Court Division is set aside without any order as to cost. Ed. This Case is also reported in: 42 DLR (AD) (1990) 120...Category: Election Law | Date: | Hits: 134
Nur Mohammad Vs. Badruddoza Chowdhury and anr., 1990, 19 CLC (AD)
....terms: — "It was urged that respondent No.1 was a defaulter on the date of nomination of the candidate i.e. 10th January, 1988, on the date of election i.e. 10th February, 1988, on the date of publication of the result i.e. 15.6.1988 and on the date of taking oaths on 10.7.1988. It is an ad......erefore, this appeal is allowed and the judgment and order of the High Court Division is set aside without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 116 ..Category: Election Law | Date: | Hits: 124