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Abdul Mannan TalukÂder Vs. BD House BuilÂding Finance CorporaÂtion and another, 1989, 18 CLC (AD)
....e to the Administrative Tribunal Act, 1981 in support of his contention that the jurisdicÂtion to the Administrative Tribunal Act is confined only to the terms and conditions of the service of the Republic or of any statutory public authority. 10. Mr. Asrarul Hossain has submitted that as the I.......nd any grievance with regard to that could only be agitated before the Administrative Tribunal. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 104. ..Category: Labour and Industrial Law | Date: | Hits: 111
Government of Bangladesh Vs. Basharatullah, 1989, 18 CLC (AD)
....ovember 26, 1989. Result: The appeal is allowed. The Emergency Requisition of Property Act (XIII of 1948) Sections 3, 4, 5, 5A, 5(1a)(3), 7 & 14(A) There was neither any evidence that public notice was not served nor the decree in T.S. 36/68 could be construed to mean as such requiri......the purpose of compensation in the case of this plaintiff-respondent only, should be the date of the personal notice, that is, 12.4.73. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 91. ..Category: Property Law | Date: | Hits: 38
Begum Lutfunnessa Vs. Bangladesh, 1989, 18 CLC (AD)
....te Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH RahÂman J ATM Afzal J Begum Lutfunnessa…………………….Appellant Vs. The People's Republic of Bangladesh represented by the Secretary, Ministry of Works and ors.......……………â€...... the said property and afterwards leased it out to the Parjaton Corporation vide lease deed dated 9.12.76, Annexure 'C. The lease was terminated in 1980 and since then the appellant has been enjoying peaceful and undisÂturbed possession of the said properly through three of her sons, Habibuzzaman, ..Category: Property Law | Date: | Hits: 54
Ziaul Huq and ors. Vs. Messers Business ReÂsources Ltd. & ors., 1989, 18 CLC (AD)
....lished in 1933 at the initiative of the local people, when the land was requisitioned for the pubÂlic purpose namely, for the School, the utilisation of this land obviously should be limited to such public purpose. 11. Dr. Kamal Hossain contended that if the scheme of construction of the Super M......pinion that no further steps need be taken at this stage and in this view of the matter, the petition for special leave is disÂmissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ..Category: Civil Law | Date: | Hits: 130
Liakat Ali alias Liakat Ali (Md.) Vs. State, 1990, 19 CLC (AD)
....e appellant referred to the judgment of the trial Court and the appellate Court and argued that there was no reference to any order of sanction which was mandatory for the trial of the apÂpellant, a public servant. Leave was, therefore, grantÂed to see whether the entire trial was vitiated in the ......ismissed. Stay of realization of fine is vacated and the appellant is directed to surrender to his bail bond and serve out the sentence. Ed. This case is also reported in: 42 DLR (AD) (1990) 30 ..Category: Criminal Law | Date: | Hits: 41
Farid Mia (Md.) Vs. Amjad Ali (Md.) alias Mazu Mia and Others, 1989, 18 CLC (AD)
....desh, 1972, Article 102 The election of a candidate could not be challenged under Article 102 of the Constitution but when the candidate after being elected assumes the office of chairman or other public office then any person can invoke the provision of sub-article 2 (b)(ii) of Article 102 requi...... result, therefore, the appeal is alÂlowed and the impugned judgment set aside without any order as to costs. The writ be recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 13. ..Category: Election Law | Date: | Hits: 130
Chand Mia @ Chand Mia @ Chan Mia Mondal & Ors. Vs. State, 1988, 17 CLC (AD)
....fter two months appellant went to plough the land to destroy the crop. Right of private defence of property will not be available to the appellant as he had time to have recourse to the protection of public authorities for violation of the order of injunction………………………..(22) Cas......ng the opposite party from interfering with the possession of the decree-holder, falls outside the juÂrisdiction of a Magistrate under section 145 Cr.P.C. In such a case if apprehension of breach of peace prevails, the Magistrate can take action under sections 107 and 151 Cr.P.C. and bind down the ..Category: Criminal Law | Date: | Hits: 105
Sikandar Ali Sikdar Vs. State and others, 1978, 7 CLC (AD)
....n in the mind of the trial Court and so it should not be taken note of. With the observation made above, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 135. ......n in the mind of the trial Court and so it should not be taken note of. With the observation made above, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 135. ..Category: Criminal Law | Date: | Hits: 43
Government of Bangladesh Vs. Md. Ismail Hossain, 1977, 6 CLC (AD)
....eal by special leave is against the judgment and order of a Bench of the High Court Division passed in an application filed by the respondent under Article 102(2) of the Constitution of the Peoples Republic of Bangladesh (Petition No.254 of 1973). 2. The respondent was appointed District Kanungo......interference with the order passed by the learned Judges of the High Court Division. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 127...Category: Employment/Service Law | Date: | Hits: 66
Syed Ahmed Molla Vs. Halima Begum and others, 1977, 6 CLC (AD)
....enkatagiri Ayyangar and another Vs. The Hindu Religious Endowment Board, Madras 53 CWN (PC) 458 relates to construction of a will of a testator on the question as to whether the temple was private or public. It has been found by their Lordships of the Privy CoÂuncil that the High Court was not just......the same along with some other lands to the appellant for consideration by a registered kabala dated 21.4.1951, and put the appellant in poÂssession thereof, and since then the appellant has been in peaceful possession by making certain pucca constructions, and on payment of rents along with his co..Category: Property Law | Date: | Hits: 33
Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)
.... records were seized by the police on August 27. Thereupon, the respondent petitioned the High Court on August 28, 1941 for their release and for stay of the investigation on the ground that he was a public servant within the definition of the Penal Code, and therefore, under section 197 of the Code......eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ..Category: Criminal Law | Date: | Hits: 95
....Order No.67 of 1972. In this view of the matter the contention of Mr. Karim fails. We find no merit in this petition. It is dismissed.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 64.
......Order No.67 of 1972. In this view of the matter the contention of Mr. Karim fails. We find no merit in this petition. It is dismissed.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 64.
..
Category: Employment/Service Law | Date: | Hits: 72
Abdul Latif Mirza Vs. Government of BanglaÂdesh and other, 1979, 8 CLC (AD)
....i Jute Mills, and under coercion he realised bonus for the labourers which they were otherwise not entitled to. It is further alÂleged that the detenu was responsible for arranging a large number of public meetings in various police stations under Serajgonj Sub-division and in one place he was resi...... already held that as the detention of the appellant is not sustainable in law on other grounds stated above I would allow this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ..Category: Constitutional Law | Date: | Hits: 408
Badsha Miah (Md) Vs. Sonali Bank and others, 2006, 35 CLC (AD)
....is order of retirement; that during the pendency of the said Tribunal Case, the present appellant Md. Badsha Miah of Sonali Bank submitted representation to the Hon'ble President of the People's Republic of Bangladesh on 20-8-1996 for his reinstatement in service whereupon a notification was iss......cisions arrived at by the Administrative Appellate Tribunal and, as such, we find no substance in this appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ..Category: Administrative Law | Date: | Hits: 103
Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)
....hed in the Bangladesh Gazette dated 17th May, 2004 amending, inter alia, Article 65(3) of the Constitution and further adding paragraph 23 in the Fourth Schedule of the Constitution of the People's Republic of Bangladesh purporÂting to reserve 45 seats in the Parliament exclusively for women to be ......cially enforceable". The reason for not making these principles judicially enforceable is obvious. They are in the nature of people's programme for socioeconomic developÂment of the country in peaceful manner, not overnight, but gradually. Implementation of these programmes requires resourÂ..Category: Constitutional Law | Date: | Hits: 221
Capt. (Retd.) B. Akram Ahmed Khan Vs. BD Oil, Gas & Mineral Resources Corpn. & or, 2006, 35 CLC (AD)
.... Government of Bangladesh and others, reported in 2000 BLD (AD) 230 and submitted that past service in the defence service counts towards seniority on appointment in civil post. A Biman employee is public servant within the meaning of section 2(d) of the Public Servants (Retirement) Act, 1974. A......is accordingly, allowed without any order as to costs, the connected Civil Petition No. 400 of 2003 is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) 2008, 126. ..Category: Employment/Service Law | Date: | Hits: 109
Election Commission Vs. Alhaj Advocate Md. Rahmat Ali, MP and others, 2006, 35 CLC (AD)
....ration of electoral roll for the purpose of election to different elective bodies upon registration of the voters and in section 7 of the Ordinance manner has been laid down for the preparation and publication of the electoral roll. Sub-section 6 of section 7 of the Ordinance provides for mainta......on, as above, in the findings and observations/ directives given by the High Court Division in the impugned judgment and order. The parties will bear their respective costs. Ed. ..Category: Election Law | Date: | Hits: 159
AKM Shamsuddin alias Kalam Doctor and other Vs. State, 2006, 35 CLC (AD)
....ng is an abuse of the process of the court. He further submits that the proceeding has been started on the basis of a report of the learned Senior Assistant Judge and not on a complaint made by the public servant concerned affected by the alleged offences and, as such, the proceeding is not main......ave perused the impugned judgment and order of the High Court Division and on the reasons stated above we do not find any error therein. The criminal petition is therefore dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 46
Paper Converting & Packaging Ltd. Vs. Govt. of the People’s Repub of BD and ors, 2006, 35 CLC (AD)
....Karim J Md Tafazzul Islam J Paper Converting & Packaging Ltd.................. Petitioner Vs. Government of the People’s Republic of Bangladesh and others.......Respondents Judgment January 4th, 2004. L...... been accrued to the plaintiff-petitioner in respect of the same for any declaration or any permanent injunction as sought for in the instant suit. The petition is dismissed. Ed. ..Category: Procedural Law | Date: | Hits: 93
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....er Chowdhury J Shahabuddin AhÂmed J M.H. Rahman J A.T.M. Afzal J Anwar Hossain Chowdhury.................Appellant (In Civil Appeal No. 42 of 1988) Vs. Government of the People's Republic of Bangladesh, represented by the SecreÂtary, Ministry of Law and Justice, Bangladesh SecreÂ......nstitution and to maintain its supremacy as the embodiment of the will of the people of Bangladesh so that we may prosper in freeÂdom and may make our full contribution towards inÂternational peace and co-operation in keeping with the progressive aspirations of mankind; In our Constituent..Category: Constitutional Law | Date: | Hits: 1934
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