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Government of Bangladesh Vs. Sabera Aman and others, 2008, 37 CLC (AD)
....inal Petition for Leave to Appeal i.e. Respondent No.1 in the Civil Appeal No. 36 of 2008 this Court did not stay the order of the High Court Division granting ad-interim bail to the petitioner since prior to that date she was released on bail upon execution of bail bond and that also seriously ill ......ted in the light of the order of the High Court Division in Writ Petition No.9600 of 2007 granting bail and thereupon has been released. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 246.......til further order, as the case may be ....” 10. As against the ad-interim order of the High Court Division the respondent No.1 in the writ petition i.e. Bangladesh, represented by the Secretary, Ministry of Home affairs filed Civil Petition for Leave to Appeal, being No. 49 of 2008. The said Pe..Category: Criminal Law | Date: | Hits: 51
Director General, NSI Vs. Sultan Ahmed, 1995, 24 CLC (AD)
....ther although they are otherwise equal. In the result, therefore, he appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 596. ......ther although they are otherwise equal. In the result, therefore, he appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 596. ......re the Administrative Tribunal, Dhaka under section 4(2) of the Administrative Tribunal Act, 1980 (Act No. VII of 1981) for a declaration that the orders dated 25.2.1988 and 5.4.1988 passed by the Ministry of Establishment and the Directorate of N.S.I, respectively are illegal and further for a ..Category: Employment/Service Law | Date: | Hits: 119
Secretary, Ministry of Defence and others Vs. Abdul Mannan Lasker and another, 2004, 33 CLC (AD)
....te-dated seniority to the respondent No.1 is not illegal. In the result the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 555. ......te-dated seniority to the respondent No.1 is not illegal. In the result the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 555. ......d in: 1 ADC (2004) 555. ..Category: Administrative Law | Date: | Hits: 103
Hafiz Md. Shamsul Alam & others Vs. Musleuddin Ahmed & others, 2004, 33 CLC (AD)
....on 28.04.1971 between Younus Chandana and Younus Ali, Sajeda Khatun, Musammat Zaitun Nessa and in the said deed of agreement there was stipulation for enabling sub-letting of the premises with the prior permission of the landlord and in case of default in the payment of rent for three conse......re guilty of subletting and hence the impugned judgment requires interference by us. The appeal, therefore, is allowed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 488. ......re guilty of subletting and hence the impugned judgment requires interference by us. The appeal, therefore, is allowed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 488. ..Category: Property Law | Date: | Hits: 23
Md. Abdul Mazid Vs. Secretary, Ministry of Energy and Mineral Resources, BD, 2002, 31 CLC (AD)
....dgment and order dated 20.5.1998 passed by the High Court Division in Writ-Petition Nos. 4646 and 4648 of 1997 are set aside. Ed. This Case is also Reported in: 1 ADC (2004) 409. ......dgment and order dated 20.5.1998 passed by the High Court Division in Writ-Petition Nos. 4646 and 4648 of 1997 are set aside. Ed. This Case is also Reported in: 1 ADC (2004) 409. ......Md. Abdul Mazid.....................Appellant (In Civil Appeal No. 320 of 2001) Monir Ahmed......................Appellant (In Civil Appeal No. 321 of 2001) Vs. The Secretary, Ministry of Energy and Mineral Resources, Bangladesh Secretariat, Dhaka and others.........Resp..Category: Employment/Service Law | Date: | Hits: 89
Janata Bank Vs. Abdus Salam, 2003, 32 CLC (AD)
....udgment and decree dated 4.9.94 passed by the High Court Division in F. A. No. 68 of 1988 is hereby set aside and the suit is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 406. ......urvey was held on 12.12.73 and it was found that the cases are under tampered condition. The bank by its letter dated 14.2.74 denied pilferage from its godown, and refused to deliver the goods till clearance of entire dues of LIM accounts and by legal notice dated 22.5.76 demanded payment of the o......udgment and decree dated 4.9.94 passed by the High Court Division in F. A. No. 68 of 1988 is hereby set aside and the suit is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 406. ..Category: Civil Law | Date: | Hits: 79
Government of Bangladesh Vs. Md. Anwarul Islam, 2002, 31 CLC (AD)
....late Tribunal as aforesaid as hereby deleted and the appeal is accordingly disposed of. No order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 390. ......late Tribunal as aforesaid as hereby deleted and the appeal is accordingly disposed of. No order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 390. ...... Appellate Division (Civil) Present: Mahmudul Amin Choudhury CJ Md. Ruhul Amin J KM Hasan J Government of Bangladesh, represented by the Secretary Ministry of Home Affairs, Bangladesh Secretariat, Ramna, Dhaka and others............Appellants (I..Category: Administrative Law | Date: | Hits: 103
Government of Bangladesh Vs. Md. Akhteruzzaman, 2002, 31 CLC (AD)
....Alam, learned Additional Attorney General submits that the secretary framed the charge and issued second show course notice in consultation with Public Service commission and as he had obtained prior approval on 3.12.1989 from the President of Bangladesh no illegality is committed by the Sec......refore no question of review arises. In view of the above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2002) 335. ...... came to learn that he was selected for training for two months in Public Administration with effect from 5.2.1989. The appellant then applied for leave from 31.1.1989 to 28.2.1989. The Secretary, Ministry of Planning framed charge against him on 31.1.1989 under the provisions of Government Serv..Category: Employment/Service Law | Date: | Hits: 62
Alaluddin Vs. State, 2003, 32 CLC (AD)
....ence and as held in 42 DLR (AD) 31, in such a case the prosecution must prove the motive as held in 15 BLD (AD) 54, when the investigation of a case had already started on an information prior to the lodging of ejahar, subsequent information can not be treated as the First Information ......he High Court Division. The Jail petition No.13 of 2003 and criminal Misc. petition No. 46 of 2003 are accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 299. ......he High Court Division. The Jail petition No.13 of 2003 and criminal Misc. petition No. 46 of 2003 are accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 299. ..Category: Criminal Law | Date: | Hits: 36
Additional Deputy Commissioner (Rev) Dhaka & others Vs. Mst. Farhad Begum & ors, 2004, 33 CLC (AD)
....andoned property as it was not included in "ka" and "kha" list of abandoned property though there is no evidence as to existence of any structure/ holding on the suit land prior to the publication of the list under Ordinance No. 55 of 1985, a Magistrate already evicted t...... corporation demanded municipal tax from the respondents and during the years 1975 there was an embargo of registering sale deeds in respect of lands at Senpara Parbata Mouza at Mirpur without the clearance of the Abandoned Property Authority. 10. The High Court Division as it appears did ......12-3 as abandoned property. The High Court Division however, tried to avoid this question holding that holding No. 10/C.L 12-3 situates at Mirpur Housing Estate which is a leasehold property of the Ministry of Works whereas the suit property situates at a portion of C.S/S.A Plot No.1497 which is ..Category: Property Law | Date: | Hits: 29
Qamrul Islam Siddique Vs. Saber Ahmed and another, 2002, 31 CLC (AD)
....iew of the provision of Section 6 of the Rules of Business read with the provision at SD. No. 74 (d) of the Schedule III of the Rules of business as because appellant's pay scale was Tk. 3700-44257-prior approval of the President was necessary before issuance of the order of dismissal, but n......to costs. The judgment and order of the Administrative Appellate Tribunal, Dhaka in Appeal Case No. 20 of 1997 is maintained. Ed. This Case is also Reported in: 1 ADC (2004) 224. ...... Md. Ruhul Amin J.- This appeal by leave has been preferred by the Chief Engineer, LGED (though government of Bangladesh represented by the Secretary, Ministry of LGRD and Co-operatives was party in the Administrative Tribunal Case No.135 of 1991 an..Category: Administrative Law | Date: | Hits: 95
Aminul Islam Vs. Mr. Tawhid Ahmed Siddique and others, 2004, 33 CLC (AD)
.... we are of the view that the said Rule clearly provides that no order to be made after coming into force of the service Rule, 1982 affecting adversely on appointment or promotion already made prior to the coming into force of the Rules, 1982. The order of the Ministry dated 13.4.1996 granti...... made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 306. ......t by the Memo, dated December 14, 1996 of the Dhaka Electric Supply Authority (DESA) in the rank of Executive Engineer with effect from 1.3.1976 in pursuant to the Memo. Dated April 13, 1996 of the Ministry of Power, Fuel and Mineral Resources of the Government of Bangladesh and the Memo. Dated S..Category: Employment/Service Law | Date: | Hits: 72
Chairman and another Vs. Md. Sakhawat Hossain and others, 2004, 33 CLC (AD)
....ssal order was signed by the Acting General Manager of Thakurgaon Palli Bidyut Samity. According to the rule quoted above the General Manager, Thakurgaon Palli Bidyut Samity was required to obtain prior approval both of the Samity Board and the Rural Electrification Board." 5. The R......ch leave was obtained by the appellants is of no merit. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: 1 ADC (2004) 192. ......ch leave was obtained by the appellants is of no merit. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: 1 ADC (2004) 192. ..Category: Employment/Service Law | Date: | Hits: 83
Md. Saiful Islam Vs. Md. Abdur Rahim and other, 2004, 33 CLC (AD)
....where in he is acting as Nikah Registrar after the formation of the Gafargaon Municipality has been curtailed and consequently there was no requirement of law for serving notice to Respondent No. 1 prior to issuing the Memo, dated March, 2, 2000 according approval for the appointment of the appel......made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 190. ......d January 30, 2001 of a Division Bench of the High Court Division in writ petition No.1468 of 2000 making the Rule absolute and thereupon declared illegal the Memo, dated March 2, 2000 of the Ministry of Law, Justice and Parliamentary Affairs, Government of Bangladesh according approval as ..Category: Civil Law | Date: | Hits: 95
Bangladesh Vs. Abdul Wahab Mia and others, 1998, 27 CLC (AD)
....the appeal is allowed without any order as to costs. Civil Petition No. 220 of 1997 is also disposed of in terms of the appeal. Ed. This Case is also Reported in: 1 ADC (2004) 153. ......the appeal is allowed without any order as to costs. Civil Petition No. 220 of 1997 is also disposed of in terms of the appeal. Ed. This Case is also Reported in: 1 ADC (2004) 153. ......purpose of housing and settlement by the then Government of East Pakistan vide L.A. Case No.13 of 1959-60. By Gazette Notification dated 28.11.80, Published in the official Gazette on 18.12.80 the Ministry of land Administration and Land Reforms acquired the requisitioned property, but the case ..Category: Property Law | Date: | Hits: 29
Government of Bangladesh Vs. Shamsuddin Ahmed, 2003, 32 CLC (AD)
....wing arrear salary to the respondent is affirmed and the order allowing pro forma promotion to him is disallowed. Ed. This Case is also Reported in: 1 ADC (2004) 144. ......wing arrear salary to the respondent is affirmed and the order allowing pro forma promotion to him is disallowed. Ed. This Case is also Reported in: 1 ADC (2004) 144. ......bsp; ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J The Government of Bangladesh represented by the Secretary, Ministry of Establishment……………… Appellants (In both the appeals). Vs. Shamsuddin A..Category: Administrative Law | Date: | Hits: 138
Secretary, Ministry of Environment & Forest, Bangladesh Vs. Shaha Md. Nurul Islam, 2002, 31 CLC (AD)
.... High Court Division in the aforesaid writ petition is hereby set aside and the writ petition is dismissed as not maintainable. Ed. This Case is also Reported in: 1 ADC (2004) 139. ...... High Court Division in the aforesaid writ petition is hereby set aside and the writ petition is dismissed as not maintainable. Ed. This Case is also Reported in: 1 ADC (2004) 139. ......ted in: 1 ADC (2004) 139. ..Category: Administrative Law | Date: | Hits: 95
Shamsu Miah and others Vs. Government of Bangladesh, 2002, 31 CLC (AD)
.... of those and the Annexure (f), copy of which was not made available to the writ petitioners. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 109. ...... of those and the Annexure (f), copy of which was not made available to the writ petitioners. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 109. ...... and others represented by the Constituted Attorney Mohammed Hafizur Rahman and (11) others............Appellants Vs. The Government of Bangladesh, Represented by Secretary, Ministry of Housing and Public Works..................... .............Respondents Judgment ..Category: Property Law | Date: | Hits: 27
Arun Karmakar Vs. State, 2002, 31 CLC (AD)
....n the result, this appeal is allowed setting aside the impugned judgment and order of the High Court Division. Ed. This Case is also Reported in: I ADC (2004) 63; 8 MLR (AD) 162; 7 BLC (AD) 61. ......n the result, this appeal is allowed setting aside the impugned judgment and order of the High Court Division. Ed. This Case is also Reported in: I ADC (2004) 63; 8 MLR (AD) 162; 7 BLC (AD) 61. ...... Vs. The State and others, 46 DLR (AD) 10; Sree Mangla Chandra Nandi Vs. Bangladesh, 17 BLD (AD) 33, Jharna Rani Saha Vs. Khondker Zayedul Haque, 52 DLR (AD) 66; Krishna Pada Dutta Vs. The Secretary, Ministry of Home Affairs and others, 42 DLR 297; Muthu Ibrahim's case, ILB 37 Mad 567; Sukhendra Cha..Category: Criminal Law | Date: | Hits: 34
Golam Ambia Vs. Deputy Commissioner, Mymensingh and others, 2003, 32 CLC (AD)
....re not given and that they do not have any physical existence and that there never lived anybody of the said names in the locality, that petitioner was never heard in the matter personally prior to seizures of his licensed arms and as such the seizure of the arms was not only arbitrary ......tridges which were seized by the impugned list to the petitioner immediately. Ed. This Case is also Reported in: 1 ADC (2004) 13. ......tridges which were seized by the impugned list to the petitioner immediately. Ed. This Case is also Reported in: 1 ADC (2004) 13. ..Category: Criminal Law | Date: | Hits: 40