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Begum Lutfunnessa Vs. Bangladesh, 1989, 18 CLC (AD)
......…………………………….Respondents Judgment November 1, 1989. Result: The appeal is allowed. The Constitution of Bangladesh, 1972, Article 102 The Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 (Ordinance No. LIV of 1985] Sections 5 (1)(a), and 7 Th......nt's house at serial 41 under the heading 'Motijheel Commercial Area' has been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 86. ..Category: Property Law | Date: | Hits: 54
Reazul Hoque Molla Vs. Afizullah Mollah @ Shafiuddin Molla & others, 1989, 18 CLC (AD)
....the submission made by the learned Advocate for the appellant. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 74.......0, 1989. Result: The appeal is dismissed. The Code of Civil Procedure, 1908 (V of 1908), section 151 & Order IX, rule 13 The learned assistant judge has not come to any finding as to service of summons upon the appellants to ascertain due service. So there is no necessity of farther..Category: Procedural Law | Date: | Hits: 88
Republic of Pakistan (Now Bangladesh) Vs. A.N.M. Serajul Haque, 1989, 18 CLC (AD)
....sion without taking into consideration effect of Exhibit A. In the result, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 68. ......owed. The Laws (Continuance in Force) Order, 1958, Article 6(5)(b) The High Court Division was in error in holding that the order of the Commissioner of Income Tax to retire the respondent from service was illegal without taxing into consideration exhibit. A order of the government of Pakistan..Category: Employment/Service Law | Date: | Hits: 80
Chand Mia @ Chand Mia @ Chan Mia Mondal & Ors. Vs. State, 1988, 17 CLC (AD)
....nction………………………..(22) Cases Referred to- Safdar Ali Vs. The Crown, 5 DLR (FC) 107 at p. 109. Samiruddin Ahmed @ Samir Mia Vs. The State 1988 BLD (AD) 157; Gorchand Gope, BLR (Supplementary Volume) 443 (FB); Mahbub Shah Vs. Emperor AIR 1945 PC 118; Pandurang Vs. State of Hyde......s time to have recourse to the protection of the public authorities." Hence, in the facts of this case, the plea is not available. Ed. This case is also reported in: 42 DLR (AD) (1990) 03. ..Category: Criminal Law | Date: | Hits: 105
Government of Bangladesh Vs. Md. Ismail Hossain, 1977, 6 CLC (AD)
....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.......nterview before the East Pakistan Public Service Commission which selected him for appointment to the East Pakistan Civil Service (Executive Class II). Then he was appointed temporarily to the said service. Thereafter he was placed at the disposal of the Revenue Department for employment as Circle..Category: Employment/Service Law | Date: | Hits: 66
Syed Ahmed Molla Vs. Halima Begum and others, 1977, 6 CLC (AD)
.... is allowed with costs. The judgment and order of the High Court are set aside and those of the Additional District Judge are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 123.......is not a co-sharer in the holding and the notice served upon him would not operate as an estoppel against them. 4. The trial court found that the appellant is not a co-sharer in holding and the service of notice on the appellant will not operate as estoppel against them and accordingly dismi..Category: Property Law | Date: | Hits: 33
P.W.V. Rowe Vs. Chairman Labour Court, Chittagong, 1977, 6 CLC (AD)
....oing reasons we do not find any substance in any of the two contentions urged by the learned Counsel and the petition is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 119. ...... of lien imposed by the employer upon Respondent No.2 was illegal and mala fide and pursuant to such findings, directed her reinstatement in her former post with full back wages and continuity in service. The petitioner having moved the High Court in writ jurisdiction against the said order of t..Category: Labour and Industrial Law | Date: | Hits: 77
Akhtarun Nessa and another Vs. Habibullah and ors, 1980, 9 CLC (AD)
....of the learned Subordinate Judge are restored. In the facts and circumstances of the case we allow half of the costs to the appellant. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 88. ......b-section (1), (2) and (5) are quoted below:- “96(1). If a portion or share of a holding of a raiyat is transferred, one or more co-sharer tenants of the holding may within four months of the service of the notice given under section 89 or, if no notice has been served under section 89, with..Category: Property Law | Date: | Hits: 32
Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)
....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. ......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.
......sproportionate to his income and recommended the Government for his dismissal and in pursuance of that recommendation of the First Screening Board the Government dismissed the petitioner from his service on 26-6-75. Against the order of dismissal the petitioner filed an application before the Re..
Category: Employment/Service Law | Date: | Hits: 72
Abdul Latif Mirza Vs. Government of Bangladesh and other, 1979, 8 CLC (AD)
.... 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. ......969 (SC) 14. 10. We now turn to the leave order on the four points set out above. First, two points may be dealt with together as they are dependent on each other. Order of detention precedes the service of the order of detention, and so the second point comes first, and the first second. ..Category: Constitutional Law | Date: | Hits: 408
Commissioner of Income Tax, Chittagong Vs. Mst. Safiya Bai, 1978, 7 CLC (AD)
....n of the applicants as the question has been rightly answered by the High Court. Therefore, the appeal is dismissed without costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 41. ......n of the applicants as the question has been rightly answered by the High Court. Therefore, the appeal is dismissed without costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 41. ..Category: Fiscal/Taxation Law | Date: | Hits: 85
Government of Bangladesh Vs. Md. Sultan Ahmed, 2006, 35 CLC (AD)
....s, we do not find any cogent reason to interfere with the impugned judgment. The leave petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 378. ......ated 25.02.1988 and 05.04.1988 passed by the Ministry of Establishment and Directorate of National Security Intelligence respectively and for declaration that the present respondent has been in the service of the N.S.I, as an officer absorbed therein with the entitlement of seniority on the basis..Category: Administrative Law | Date: | Hits: 111
Md. Alimuzzaman Khan Vs. Mohammad Golam Kibria, 2006, 35 CLC (AD)
....aterials on record arrived at a correct decision. We find no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. ............................ Respondent Judgment March 29, 2006. The Contract Act, 1872 (IX of 1872), Section 73 As the plaintiff’s service was not regulated by any legal instrument or by any statutory provision no declaration or e..Category: Employment/Service Law | Date: | Hits: 82
Sree Hare Krishna Das Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....ring the review petition filed by the petitioner, rejected the same. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 146. ......nstituted the above case praying for declaration that the order of the rejection of petition for review dated 21.12.91 filed by him is illegal and void and also praying for his reinstatement in the service, stating inter alia that the petitioner joined his service as Munsiff at Mymensingh Sadar o..Category: Administrative Law | Date: | Hits: 92
Government of Bangladesh Vs. Md. Osimuddin, 2005, 34 CLC (AD)
.... the discussion made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011)119. ...... of 1984 for correction of the record and accordingly record was corrected in his name. 6. The trial Court dismissed the suit on the finding that the Title Suit No.860 of 1981 was decreed upon due service of summons and that the plaintiff failed to establish that the ex parte decree was obtained ..Category: Property Law | Date: | Hits: 38
Badsha Miah (Md) Vs. Sonali Bank and others, 2006, 35 CLC (AD)
....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. ......its for the period from the date of his retirement up to the joining his duties. 3. The appellant's case was that while serving as Deputy General Manager of Sonali Bank, he was retired from service by an order dated 13-12-1993 under section 9(2) of the Public Servants (Retirement) Act, 19..Category: Administrative Law | Date: | Hits: 103
Bangladesh Vs. AKM Enayetullah, 2006, 35 CLC (AD)
....t aside and we set aside the impugned judgment of the High Court Division. In the result, the appeal is allowed with observation made hereinabove. No order is made as to cost. Ed. ......cies, the Government decided in 1974/1975 to award the respondent a fellowship/ scholarship to do PhD at the University of Bradford, UK and also to induct the respondent in regular Government service. However, presumably due to steep opposition from a particular quarter, the aforesaid decis..Category: Employment/Service Law | Date: | Hits: 69
Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)
....ng the cause of democracy through a process which could not be termed as undemocratic. In the result, the petitions are dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 237. ......ng the cause of democracy through a process which could not be termed as undemocratic. In the result, the petitions are dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 237. ..Category: Constitutional Law | Date: | Hits: 221
Capt. (Retd.) B. Akram Ahmed Khan Vs. BD Oil, Gas & Mineral Resources Corpn. & or, 2006, 35 CLC (AD)
....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. ......missioned as Second Lieutenant on 29-3-1970 and ultimately, was promoted as Captain in 1974. In 1979 he was deputed as Director of Central Transport Pool of the Bangladesh Secretariat Service. The service of the petitioner was placed under the Ministry of Petroleum and Mineral Resource on 3-3-19..Category: Employment/Service Law | Date: | Hits: 109
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