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GM, Postal Insurance, Eastern Region, Dhaka and another Vs. A.B.M. Abu Taher, 2009, 38 CLC (AD)

.... court and (2) whether this court erred in law in dismissing the leave petition despite the fact that the respondent framed definite charges against the respondent for unauthorized absence without prior per mission of the concerned authority rendering the respondent liable for compulsory retirem......he appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 97; 29 BLD (AD) (2009) 56; VI ADC (2009) 512;6 LG (AD) (2009) 201. ......he appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 97; 29 BLD (AD) (2009) 56; VI ADC (2009) 512;6 LG (AD) (2009) 201. ..

Category: Administrative Law | Date: | Hits: 159

Chairman, Rajdhani Unnayan Kartipakkha, RAJUK Vs. Time Tower Ltd., 2008, 37 CLC (AD)

.... plan which as approved for the construction of the residential building in C.S. Plot No.361 of mouza Shola. It is also the contention of the respondent that the approved plan was cancelled without prior notice and thereby there has been violation of the principle of natural justice. 3. Ru......t passed by the High Court Division is set aside. As a result the appeal is allowed with­out any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 481. ......t passed by the High Court Division is set aside. As a result the appeal is allowed with­out any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 481. ..

Category: Property Law | Date: | Hits: 28

Md. Mustanisur Rahman and other Vs. Bangladesh, 2008, 37 CLC (AD)

.... decision. We therefore find no reason to interfere with the same. Both the petitions are accordingly dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 478. ...... decision. We therefore find no reason to interfere with the same. Both the petitions are accordingly dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 478. ......ioner (In Civil Petition No. 822 of 2007) Md. Kamrul Hasan and another.........Petitioner (In Civil Petition No. 823 of 2007) Vs. Bangladesh, rep­resented by the Secretary, Ministry of Education, Secretariat Building, Ramna, Dhaka and others......Respondents (In both case..

Category: Employment/Service Law | Date: | Hits: 57

Bangladesh Vs. Md. Feroz Alam, 2008, 37 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) 466. ......other letter dated 21.8.1996 correcting its earlier letter in some particulars. Upon receipt of the per­mission the writ petitioner also applied to the Chief Controller of Import and Export for clearance of the imported goods. The Chief Controller by his order dated 2.9.1996 directed the Cus......ent: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Finance, Bangladesh Secretariat, Ramna, Dhaka and others…… ......... Peti..

Category: Business or Commercial Law | Date: | Hits: 163

Star Jute Mills Ltd. Vs. Chairman, Labour Court and others, 2005, 34 CLC (AD)

....he first party also admitted in his application that he was convicted and sentenced to imprisonment for two years with a fine. As such it was not necessary to issued any show cause or charge-sheet prior to dis­missal and to follow the provision of sec­tion 18(1) of the Act. Section 17(1)......e appeal is allowed without any order as to costs and the judgment and order passed in writ Petition No. 2016 of 1993 is set aside. Ed. This Case is also Reported in: II ADC (2005) 825. ......e appeal is allowed without any order as to costs and the judgment and order passed in writ Petition No. 2016 of 1993 is set aside. Ed. This Case is also Reported in: II ADC (2005) 825. ..

Category: Labour and Industrial Law | Date: | Hits: 251

Md. Abu Daud Sarder Vs. State and anoth­er, 2002, 31 CLC (AD)

....the Court of Sessions but did not have the desired result. 6. The appellant then moved the High Court Division seeking quashing of the proceeding of the C.R. case stating, inter alia, that prior to the filing of the petition of complaint he on 3rd April, 1993 (petition of complaint was f......ne, in that case court would be quite competent to take steps as per law to start criminal proceeding against the appellant. Ed. This Case is also Reported in: II ADC (2005) 784. ......ne, in that case court would be quite competent to take steps as per law to start criminal proceeding against the appellant. Ed. This Case is also Reported in: II ADC (2005) 784. ..

Category: Criminal Law | Date: | Hits: 50

M. M. Shahidur Rahman Vs. Bangladesh and others, 1994, 23 CLC (AD)

....appeals cannot succeed in any case. In the result, therefore, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 768. ......appeals cannot succeed in any case. In the result, therefore, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 768. ...... Abdul Majid Sarkar.....Appellant (In Civil Appeal No. 65 of 1992) Vs. Bangladesh and others......................Respondents. (In Civil Appeal No. 14 of 1992) Secretary, Ministry of Establishment Division and ors.......Respondents. (In Civil Appeal No. 65 of 1992) ..

Category: Employment/Service Law | Date: | Hits: 106

Bangladesh Biman Corporation and oth­ers Vs. Md. Jusimuddin, 2001, 30 CLC (AD)

.... law is not required to consider the subsequent letter seeking permission for withdrawal of the letter of resignation. 4. The High Court Division made the Rule absolute upon the view that as prior to the communication of acceptance of resig­nation the respondent addressed letter to the...... the High court Division. In view of the discussion made herein above the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 732. ...... the High court Division. In view of the discussion made herein above the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 732. ..

Category: Employment/Service Law | Date: | Hits: 95

Jamil Ahmed Khan Vs. Md. Delwar Hossain and another, 2009, 38 CLC (AD)

....opolitan Magistrate, Dhaka to the satisfaction of the Chief Metropolitan Magistrate, Dhaka till dis­posal of the appeal. Ed. This Case is also Reported in: VI ADC (2009) 429. ......opolitan Magistrate, Dhaka to the satisfaction of the Chief Metropolitan Magistrate, Dhaka till dis­posal of the appeal. Ed. This Case is also Reported in: VI ADC (2009) 429. ......ed imme­diately and three others are fighting for life in different hospitals. 4. The petitioner prayed for parole to see his dead son before he was buried but his family was informed by Ministry of Home that parole will take time. They advised that if the dead body is taken to Dhaka ..

Category: Criminal Law | Date: | Hits: 50

Capt. Mohammad Lutfar Rahman Vs. Government of 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) 406. ......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) 406. ......atin J Capt. Mohammad Lutfar Rahman being dead his heirs. 1. Rani Jahan Rahman and others .........Petitioners Vs. Government of Bangladesh, repre­sented by the Secretary, Ministry of Land Reform and            &..

Category: Property Law | Date: | Hits: 50

Md. Matiur Rahman Vs. Md. Shah Alam and others, 2007, 36 CLC (AD)

....7/2 dated 17.04.2004; that after the lease he duly paid lease money for 1411 and 1412 B.S.; that during the subsistence of his lease the respondent No.2 without assigning any reason and without any prior notice vide Memo No. 327/2  dated 06.04.2005  cancelled the lease of the writ petit......ns of the learned Advocate for the petitioner. Accordingly, the leave petition is dis­missed with cost of Tk. 10,000.00. Ed. This Case is also Reported in: VI ADC (2009) 385. ......ns of the learned Advocate for the petitioner. Accordingly, the leave petition is dis­missed with cost of Tk. 10,000.00. Ed. This Case is also Reported in: VI ADC (2009) 385. ..

Category: Property Law | Date: | Hits: 25

Kazi Abdul Hoque Vs. Md. Baharuddin and others, 2008, 37 CLC (AD)

....ssions of the learned Advocate for the petitioner have got no merit and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 370. ......ssions of the learned Advocate for the petitioner have got no merit and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 370. ......iberation war in 1971 and Mr. M.A.G. Osmani, Commander-in-Chief, presented a certifi­cate to the petitioner as a freedom fighter. Another freedom fighter certificate has also been issued by the Ministry of Liberation War Affairs. The respondent No. 2, Chittagong Development Authority (CDA) fl..

Category: Property Law | Date: | Hits: 28

Humayun Hossain Khan Vs. Bangladesh, 2009, 38 CLC (AD)

....igh Court Division by its judgment and order dated 8-1-2008 discharging the Rule holding that the provision of section 47 read with 60(3) have no manner of an application in a suit which was filed prior to the promulgation of Artha Rin Adalat Ain, 2003 and accordingly the order passed by the Art......e. Thus we do not find any merit in the leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 92. ......ynul Abedin J SAN Mominur Rahman J Humayun Hossain Khan....................Petitioner Vs. Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Finance & others............Respondents Judgment April 8, 2009. ..

Category: Civil Law | Date: | Hits: 104

Md. Nazrul Islam & ors. Vs. Bangladesh, 2008, 37 CLC (AD)

....sion does not suffer from any legal infirmity. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 141. ......sion does not suffer from any legal infirmity. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 141. ......ers (In Civil Petition No.1320 of 2005) Md. Golam Rasul Khan…..........Petitioners (In Civil Petition No.1321 of 2005) Vs. Bangladesh, rep­resented by the Secretary, Ministry of Industries Dhaka and others…........Respondents (In all the cases)  ..

Category: Employment/Service Law | Date: | Hits: 64

State Vs. Abdul Jalil and others, 2009, 38 CLC (AD)

....t convict Fazal Miah, Abdul Jalil and Amiruddin. Among the convicts Fazal Miah remained in absconsion. Abdul Jalil and Amiruddin were arrested and faced the trial. Allegation against them was that prior to the occurrence the convicts occasionally teased the victim on her way to school and gave h...... no reason to interfere with the judgment of the High Court. As a result, this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 99. ...... no reason to interfere with the judgment of the High Court. As a result, this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 99. ..

Category: Criminal Law | Date: | Hits: 38

Md. Ali Bepary and ors. Vs. Garupranjan Chakraborty and others, 2009, 38 CLC (AD)

.... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 97. ...... of registration of a deed. Guru Doyal handed over possession of the suit property in favour of the plaintiff on the same day. Guru Doyal failed to execute the sale deed after obtaining income tax clearance certificate and national certificate. Guru Doyal died on 17-9-1966 leaving behind the def...... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 97. ..

Category: Property Law | Date: | Hits: 22

M/s. Supermax International Private Ltd. Vs. Samah Razor Blades Industries, 2004, 33 CLC (AD)

....found or in use in Bangladesh. Since there is no material and as a matter of fact the appellants' products were not in use in this Country or it was not even registered here, the appellant's claim of prior adoption and user of the trade mark or by virtue of long user a vested right has been accrued ......ifests the cor­rect exposition of law and fact on the subject. This appeal is, accordingly, dismissed with­out any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 593. ...... to be in accord with the law..........then it is a matter of which we cannot take account: R. vs. Immigration Appeal Tribunal ex. p. Ali Ajmal, ((1982) Imm. A.R. 102, C.A.) per Lord Lane CJ.In R. v. Ministry of Defence ex.p. Smith ((1996) Q.B.517) the Divisional Court and Court of Appeal felt found..

Category: Intellectual Property Law | Date: | Hits: 233

Government of Bangladesh Vs. Md. Abdul Karim, 1995, 24 CLC (AD)

....e appeal is allowed without any order as to cost. The impugned judgment and order are set aside. Ed This Case is also Reported in: 1 MLR (AD) 1996, 310; 47 DLR (AD) (1995) 146; II ADC (2005) 610.......e appeal is allowed without any order as to cost. The impugned judgment and order are set aside. Ed This Case is also Reported in: 1 MLR (AD) 1996, 310; 47 DLR (AD) (1995) 146; II ADC (2005) 610.......(From the Judgment and Order dated 15th November 1993 passed by Administrative Appellate Tribunal No. 33 of 1993). Judgment ATM Afazl CJ.- This appeal by leave at the instance of the Secretary, Ministry of Law and Justice and Parliamentary Affairs arises out of a pro­ceeding under the Adminis..

Category: Administrative Law | Date: | Hits: 144

BADC Vs. Abdur Razzaque, 1996, 25 CLC (AD)

....ADC, more specifi­cally the BADC Disciplinary Case Proce­dures, 1977 for an offence of misappropria­tion of the corporation money following his conviction in special case No. 8 of 1979 prior to the promulgation of the Public Servants (Dismissal on Conviction) Ordinance, 1985, (Ordina...... In the result we allow the appeal and set aside the judgment and order of the High Court Division without any order as to cost. Ed This Case is also Reported in: II ADC (2005) 607. ...... In the result we allow the appeal and set aside the judgment and order of the High Court Division without any order as to cost. Ed This Case is also Reported in: II ADC (2005) 607. ..

Category: Employment/Service Law | Date: | Hits: 97

Government of Bangladesh Vs. Jahanara Rashid and others, 1998, 27 CLC (AD)

....gment and order war­rant an interference. In the result, the appeal is allowed with­out any order as to costs. Ed This Case is also Reported in: II ADC (2005) 563.  ......gment and order war­rant an interference. In the result, the appeal is allowed with­out any order as to costs. Ed This Case is also Reported in: II ADC (2005) 563.  ......ed agent appeared before the Deputy Commissioner, Chittagong on 12-6-84 and submitted documents and papers in support of her claim 27-1-85 the writ peti­tioner made a similar application to the Ministry of Works (A.P. Wing) which by let­ter dated 1-4-85 made some inquiries from her and ad..

Category: Property Law | Date: | Hits: 42