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Sudhir Kumar Das and other Vs. Abdul Malek Mia and others, 2007, 36 CLC (AD)
.... 13. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ......65 seeking setting aside of the decree dated September 26, 1962 passed in Title Suit No. 468 of 1962. 3. The respondent No.1 was the defendant No.2 in Title Suit No.77 of 1963. He upon service of summons entered appearance and filed written statement. While the suit was awaiting for ..Category: Civil Law | Date: | Hits: 112
Abu Taleb Vs. State, 2007, 36 CLC (AD)
.... rightly rejected the petition. 13. We have perused the impugned order of the High Court Division and we do not find any ground to interfere. The petition is dismissed. Ed. ......ed. 10. It appears that the trial Court after recording evidence found the petitioner guilty under section 385 of the Penal Code. He did not prefer any appeal. 11. On the cloak of non-service of notice or process he has come with a belated application under section 561A of the Code...Category: Criminal Law | Date: | Hits: 47
Serajul Hoque (Md) Vs. Government of Bangladesh, 2007, 36 CLC (AD)
....ision upon proper assessment of the materials on' record arrived at a correct decision. There is no cogent reason to interfere with the same. Both the petitions are dismissed. Ed. ...... dated 16-3-1978. The petitioner joined on 24-3-1978 while respondent No.4 joined on 21-3-1978. The respondent No. 4 on successful completion of his period of probation was absorbed permanently in service on 21-3-1979. On the other hand, the petitioner's probationary period was extended for a fu..Category: Employment/Service Law | Date: | Hits: 59
Serajul Islam (Md) Vs. The Director General of Food, 1990, 19 CLC (AD)
....the High Court Division rightly found a bar to its jurisdiction under Article 102 of the Constitution. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 199. ......eded against which cannot be opposed to fundamental rights and the Tribunal is competent to enforce the statute. The matter, arising from a departmental proceeding relating to terms and conditions of service of the petitioner the High Court Division rightly found a bar to its jurisdiction under Arti..Category: Constitutional Law | Date: | Hits: 159
Nurul Huq Khan Vs. GM, Sonali Bank, Head Office, Dhaka, Bangladesh and others, 1989, 18 CLC (AD)
....as deprived of procedural protection which was available to him at the initiation of the proceeding. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 179. ...... 1989. Result: The petition is dismissed. The Sonali Bank (Staff) Service Rules 40 & 42 Disciplinary proceeding The decision of the Board of Directors to remove the petitioner from service amounts to giving approval to the entire- proceeding from the beginning to the end. So, any ..Category: Employment/Service Law | Date: | Hits: 98
Commissioner of Taxes, Dhaka (West) Zone, Dhaka Vs. Shahabuddin Ahmed, 1989, 18 CLC (AD)
....ed and the decisions of the courts below are affirmed though not necessary on the same reasonings. There is no order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 162. .......21 of 1973 was promulgated. President's Order No.21 of 1973, the Supreme Court Judges (Terms and Condition of Service) Order, 1973 dated 22nd March, 1973 provided for the terms and conditions of the service of the Chief Justice and other Judges. It was passed in pursuance of paragraph 3 of the Four..Category: Fiscal/Taxation Law | Date: | Hits: 111
Government of Bangladesh & ors. Vs. Md. Hasan Shahid & ors., 2006, 35 CLC (AD)
....intain status-quo in respect of appointment till disposal of the appeals. The petitioners are directed to make the appeals ready for expeditious hearing within 6 (six) months. Ed. ......n in writ petition No. 1186 of 2004 challenging order dated 22.11.2003 (annexure-G to the writ petition) and for a direction to include the writ petitioners in the revenue budget with continuity of service and other attended benefits. 7. The writ petitioner-respondents of writ Petition No..Category: Employment/Service Law | Date: | Hits: 56
Md. Sarwar Vs. Bangladesh, 2005, 34 CLC (AD)
.... the opinion that the High Court Division took a correct view and as such the impugned judgment does not call for any interference. The leave petition is, therefore, dismissed. Ed. ......a, that by gazette notification dated 7th October 1995 the Government appointed 75 Assistant Superintendents of Police under 15th BCS examination and by another notification dated 17.08.1998 their services were confirmed with effect from 15.11.1995. 84 departmental Promoters including the writ r..Category: Employment/Service Law | Date: | Hits: 80
Alhaj Sona Ullah Vs. Aminur Rahman, Sec, Min. of Work, BD Secretariat, DHK & ors., 2005, 34 CLC (AD)
....sed on correct interpretation of law and we do not find any cogent reason to interfere with the judgment of the High Court Division. Accordingly the petition is dismissed. Ed. ......sment of compensation under that section market value shall be the average market value according to disposition of properties of similar description in the vicinity during five years from the service of notice under clause (a) sub-section (4) of this section. Sub-section 4(a) of Sectio..Category: Property Law | Date: | Hits: 33
Monzur Murshed Vs. Humayun Majid, 1995, 24 CLC (AD)
....e facts and it apparently made a mistake of fact in coming to the conclusion that the appellant was a defaulter. The appeal is therefore allowed without any order as to costs. Ed. ...... his title to the appellant being a defaulter before 7-4-82. The trial Court also found that the appellant has been depositing rent regularly in the aforesaid House Rent Case. Therefore inspite of service of notice under section 106 of the Transfer of Property Act the appellant was not a default..Category: Property Law | Date: | Hits: 33
Anowarul Hoque Vs. Mohammad Tafazzal Mondal and others, 2006, 35 CLC (AD)
....k. 1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. The petitioners are permitted to add additional grounds. Ed. ......The defendants, including the minor defendants, filed petition seeking setting aside of the exparte decree contending that not being notified about the filing of the above suit through proper service of summons, they could not appear in the suit and in the above circumstances the trial..Category: Property Law | Date: | Hits: 28
BRDB and others Vs. Md. Idris Ali Akond and others, 1998, 27 CLC (AD)
....fication for making an order of remand as prayed for which will be a ceremony too idle to be permitted. In the result, the appeal is allowed without any order as to cost. Ed. ...... 2.The plaintiff respondent brought Title Suit No. 465 of 1984 in the Court of Assistant Judge of the then Savar Upazila for a declaration that the order dated 11.8.1984 removing him from service is illegal, void etc. and that he is still in service as Rural Development Officer, Savar U..Category: Employment/Service Law | Date: | Hits: 73
Nur Hussain and other Vs. Jamuna Bank Ltd and others, 2005, 34 CLC (AD)
...., changed assertion made in the affidavit-in-opposition stating, inter alia, that the respondent No.3 took several contradictory facts, figure and plea in his affidavit-in-opposition dated 25.4.2002. Supplementary affidavit dated 19.7.2003 and 29.7.2003 as under; that the respondent No.3 stated in p......pplication and an attempt to blackmail the respondent Bank for ulterior purpose; that no request was ever made by anybody to the petitioners for withdrawal of their legal notice. The reason for the service bf the legal notice and its withdrawal is entirely the business of the petitioners to suit t..Category: Banking Law | Date: | Hits: 185
Bangladesh Shipping Corporation & others Vs. Mohammad Hossain & others, 2006, 35 CLC (AD)
.... committed error of law in making the Rule absolute and as such judgment of High Court Division requires interference. The appeal is accordingly allowed without any order as to cost. Ed. ......rder dated 29.05.2000 passed by a Division Bench of the High Court Division in Writ Petition No. 133 of 1999 making the Rule absolute. 2. Short facts are that the writ petitioner joined the service of Bangladesh Shipping Corporation (shortly BSC) as Probation Officer in 1979. He was confi..Category: Employment/Service Law | Date: | Hits: 91
Principal, Pabna Cadet College, Pabna, Bangladesh & anr Vs. A.B.M. Abdul Matin, 2006, 35 CLC (AD)
.... relief to the plaintiff as against the order of dismissal from service in a suit which was not maintainable. Accordingly the appeal is allowed without any order as to costs. Ed. ......uit was filed seeking declaration that the order of dismissal described in schedule 'Ka' attached to the plaint is illegal, void and not binding on the plaintiff and that plaintiff is still in the service of the defendant and is entitled to salary and other benefits. 3. The suit was f..Category: Employment/Service Law | Date: | Hits: 113
Mukter Hossain Khan (Md.) Vs. State, 2008, 37 CLC (AD)
....etitioner. The appeal is accordingly allowed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 44 ; V ADC (2008) 358; 13 MLR (AD) 2008, 186; 28 BLD (AD) 2008, 53. ......e absence of any proof beyond reasonable doubt that he was present in the occurrence house when the occurrence took place. It is all the more difficult for the prosecution to press section 106 into service when the petitioner was also prosecuted for the murder of his baby daughter at the same ti..Category: Criminal Law | Date: | Hits: 71
Government of Bangladesh Vs. Md.Golam Rahaman Mallick, 1994, 23 CLC (AD)
....trative Tribunal is not maintainable as no review was filed as per Rule 23 of the Rules in this case. Hence, on this ground alone I allow the appeal as the case was not maintainable. Ed. ......fter payment of fine the respondent filed various representations to the Government for his re-instatement but ultimately by an order dated 18-1-86 the authority dismissed the respondent from service. 3. The respondent filed Administrative Tribunal Case No. 132 of 1986 against the or..Category: Criminal Law | Date: | Hits: 33
Md. Salahuddin Khan Vs. Most. Halima Akhter Khatoon and others, 2008, 37 CLC (AD)
....ct decision. The learned counsel could not point at any illegality or infirmity in the decision of the. High Court Division so as to call for interference. The petition is dismissed. Ed. ......sing facts and also by making untrue statements, filed the aforesaid application dated 13.11.2002 praying for appointment of receiver whereupon show cause notice was issued but without waiting for service of those notices upon the defendants and without giving them an opportunity of being heard..Category: Property Law | Date: | Hits: 36
Md. Imdad Hossain and others Vs. Bangladesh, 2008, 37 CLC (AD)
....t no error was committed by the AAT in allowing the appeals and thereby in setting aside the judgment and order of the AT. Accordingly the petitions are dismissed. Ed. ...... T & T Board and they are entitled to be considered for promotion to the post of Accounts Officer/Assistant Director (Acctts) prior to the opposite party Nos. 4-11 who are junior to them in the service of the grade. The AT further directed the authority to do the needful in resolving the matt..Category: Administrative Law | Date: | Hits: 125
State Vs. Md. Liton Miah @ Babu, 2008, 37 CLC (AD)
....o warrant our interference. This petition is also barred by 30 (thirty) days and the explanation for condonation is not satisfactory. Accordingly, this petition is dismissed. Ed. ......earby Baunia Embankment and forcibly raped upon her there; that the victim girl came back home crying and informed her mother about the same occurrence; that the informant was in Chittagong at his service spot at that time and being informed about the occurrence came back home on 27-8-1998 and b..Category: Criminal Law | Date: | Hits: 44
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