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Election Commission Vs. Alhaj Advocate Md. Rahmat Ali, MP and others, 2006, 35 CLC (AD)

....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. ......fers to rules 7-18 which contain the procedure for inclusion, deletion and correction and Rule 14 provides for issuance of notice in the case of correction of an entry and Rule 15 also provides for service of such notice either personally or by post. 28. So, the decision of High Court Div..

Category: Election Law | Date: | Hits: 159

Ashequr Rahman (Md) Vs. Bangladesh Agricultural Research Institute, 2006, 35 CLC (AD)

.... that proceeding against him was not concluded within 180 days as per Regulation 43(8) of the Regulations. Accordingly, the appeal is dismissed without any order as to costs. Ed. ......isfactory an enquiry was held. On conclusion of the enquiry the appellant was served with the 2nd show cause notice along with the enquiry report mentioning the proposed punishment of removal from service. The appellant was allowed 7 days time to reply to the 2nd show cause notice and the appell..

Category: Employment/Service Law | Date: | Hits: 92

Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)

....Petition No. 3 of 1989 is disposed of in terms of this Order. 6. There will be no order as to costs. Ed. This Case is also Reported in: (1989) BLD (Special Issue) 1, 41 DLR (AD) (1989) 165. ......of the British Constitutional pattern. It is common knowledge that Britain does not have any written Constitution. It is needless to pursue this topic further although Mr. Asrarul Hossain offered his services to negative the contentions of the Attorney-General that the Parlia­ment is omnipotent. A ..

Category: Constitutional Law | Date: | Hits: 1934

Mizazul Islam @ Dablu Vs. State, 1989, 18 CLC (AD)

.... High Court Division is set aside. Conviction and sentence of ac­cused Mizazul Islam @ Dablu is set aside and he is acquitted of the charge. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 157......s coming out from the room after pressing his chest and telling him to take him to the hospital and men­tioned that accused Dablu has "finished him and his mother". This Dablu was dismissed from the service by P.W. 4 few days back and accused Dablu held out a threat to take revenge. The informant f..

Category: Criminal Law | Date: | Hits: 159

Mozibur Rahman Vs. Chairman, Dhaka Improvement Trust, 1989, 18 CLC (AD)

....egally and without any lawful authority. Let there be a fresh selection for promotion to the post of Executive Engineer as soon as possible. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 131......re a selection board duly constituted by the Government for consideration and selection for promotion lo the post of Executive En­gineer. The selection board upon examination of the A.C.Rs and other service record of three Assistant Engineers found respondent No. 2 suitable for promo­tion. The app..

Category: Employment/Service Law | Date: | Hits: 89

Executive Engineer, Pub­lic Health, Barisal Divi­sion Vs. Mohammad Ali & ors, 1989, 18 CLC (AD)

....period of the plaintiffs unauthorised absence from 21.6.75 to 25.4.77. We uphold the appellate Court's order and dismiss the appeal. No costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 64......sh, 1972 (as amended), Article 117(2) The Administrative Tribunal Act, 1980 (VII of 1980) Further ground allowed by the Court to be urged by the appellant A Government servant discharged from service in an unauthorized manner cannot be deprived from payment of arrear pay after his discharge ..

Category: Employment/Service Law | Date: | Hits: 103

Sheikh Abdus Sabur Vs. Returning Officer, District Education Officer-in-Charge, Gopalganj & others, 1988, 17 CLC (AD)

....the learned Attorney-General for making available all the books cited by the parties in this case. For the reasons, the appeal fails. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 30 ...... conviction for a criminal offence, sentenced to imprisonment for a term of not less than two years, unless a period of five years has elapsed since his release; (e) holds any office of profit in the service of the Republic. Clause (g) of Art. 66 provide that further disqualification may be provided..

Category: Election Law | Date: | Hits: 212

Bangladesh Sericulture Board & another Vs. Md. Fazlur Rahman Akunjee & another, 1989, 18 CLC (AD)

....instant case has not been made upon correct judicial principles. In the result, therefore, the appeal is allowed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 25......upon a reference to some cases observed that the relief of temporary injunction may be granted to the em­ployee of a statutory body who has brought an action challenging an order of his removal from service or even reversion from higher post to lower post. There cannot be much dispute with this bro..

Category: Employment/Service Law | Date: | Hits: 89

M/s. M. M. Ispahani Vs. Sonali Bank and others, 1983, 12 CLC (AD)

.... the interest on this amount will be charged, at the rate of 12% from today till realisation. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 1. ......g Corporation; (c) all Officers and other employees of the Jute Corporation shall stand transferred to and become officers and employees of the Jute Marketing Corporation and shall hold office or service in the Jute Marketing Corporation service in the Jute Marketing Corporation on the same term..

Category: Civil Law | Date: | Hits: 110

Md. Motahar Hossain Khan Vs. Bangladesh Jute Mills Corporation, 1984, 13 CLC (AD)

....ad recorded such a finding. In this view of the matter the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 282. ...... 1976 in the 2nd Court of Subordinate Judge, Dhaka for declaration that the order of his dismissal was malafide, void, illegal, arbitrary and of no legal effect and that the appellant was still in service un­der respondent No. 1. Plaintiff was appointed as a purchase clerk of the united lute..

Category: Employment/Service Law | Date: | Hits: 92

Santosh Kumar Chakraborty & others Vs. M.A. Motaleb Hossain and others, 1984, 13 CLC (AD)

....herewith. The appeal from this judgment must fail. In the result, the appeal is dismissed without how ever any cost. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 248, 1985 BLD (AD) 59.......able. If the defendant has been directly tendered with the summons by the process server and on refusal of receipt of such summons by the defendant, no question of exercise of due diligence in the service arises and in that circumstances service by hanging is appropriate. Cases Referred to- ..

Category: Procedural Law | Date: | Hits: 93

Basiruddin Ahmed & others Vs. Dhirendra Mohan Das & others, 1983, 12 CLC (AD)

....owed. The impugned order of the High Court Divi­sion is set aside and that of the trial Court is restored. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 191. ......nsfer. It is not disputed that the appellants, after the transfer, served a notice upon the tenants-respondents through their lawyer one M. Jashimuddin. Defendant No. 1 in his deposition admitted the service of the notice though he could not give the date. But about two years after the transfer, the..

Category: Tenancy Law | Date: | Hits: 166

Kad Banu & others Vs. Hajera Khatun and others, 1983, 12 CLC (AD)

.... case is sent back on remand to trial court for disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 183; BCR 1985 (AD) 73. ......ee, no doubt, if he take this precaution and the judgment-debtor fails to obey the decree the case against the latter is completely proved, but it is quite possible for the decree-holder even without service of notice to show conclusively that the judgment-debtor had an opportunity of obeying the de..

Category: Civil Law | Date: | Hits: 114

Md. Mahmudul Haque @ Muhammadul Haque Vs. Md. Shamsul Alam, 1984, 13 CLC (AD)

....nsideration. In the result therefore this appeal is allowed. The order of the Courts below are set aside. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 179. ......ion of the Company the appellant informed the respondent that he had been found guilty of misconduct in connection with the company's business and therefore he has been dismissed from the Company's service with immediate effect under section 17(3)(b) of the Employ­ment of Labour (Standing Or..

Category: Labour and Industrial Law | Date: | Hits: 115

Abdul Gafur Khan & others Vs. Government of Bangla­desh & others, 1984, 13 CLC (AD)

.... In the circumstances, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 99, 36 DLR (AD) (1984) 163, 1984 BLD (AD) 283. ......bject. 4. Mr. B. Hossain, learned Assistant Attorney-General, has contended that com­pensation should be assessed on the average value of land during the period of 24 months prior to the date of service of notice for acquisition under section 5(1) of the Emerge­ncy Requisition of Property Act...

Category: Property Law | Date: | Hits: 42

Bangladesh Agricul­tural Development Corporation Vs. Md. Mannaf H Khan & ors., 1984, 13 CLC (AD)

....st appellate court restored. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 69. ......sal from ser­vice vide Memo No. 4E/2/78/245(50) dated 5-10-78 issued by the Additional Manager was illegal, void, inoperative and, therefore, not binding upon him and that he had been still in service. 2. Facts as stated in the plaint are that the plaintiff-respondent was appointed ..

Category: Employment/Service Law | Date: | Hits: 63

Saleh Ahmed Joarder Vs. People's Republic of Bangladesh, 1984, 13 CLC (AD)

....ith the order reverting the petitioner to his substantive post is, therefore, not open to exception.   The petition for leave to appeal is accor­dingly dismissed." ......eversion to his former post was malafide, illegal and without lawful authority and for realisation of arrear salary, what led to his grievance appears from the facts stated in the plaint. He joined service as Inspector in the Department of Civil Supplies under the then Government of Bengal on Fe..

Category: Employment/Service Law | Date: | Hits: 105

Bangladesh and others Vs. KM Shafi Ltd., 1991, 20 CLC (AD)

.... based on facts was not made at any time previously. Hence we are not inclined to consider the same. For all the above reasons, all the three appeals are dismissed with costs. Ed. ......od, which were allowed. On 15.9.88 the appellants prayed for time for the fourth time but the prayer was rejected on the ground that they failed to file their written objection Within 30 days from service of notice on 17.7.88. The Arbitration Miscellaneous Case No. 63 of 1988 was decided ex part..

Category: Others | Date: | Hits: 88

Chairman, BCSIR, Dhanmondi, Dhaka & other Vs. Abdul Khaleque, 1991, 20 CLC (AD)

....its order because the impugned order of dismissal was not passed within the time‑frame of the 1984 Rules, the appellants had adopted as their own. The appeal is dismissed with costs. Ed. ......ember, 1985 issued by appellant NO. 2, the Chairman, Bangladesh Council of Scientific and Industrial Research, in brief, the Council, Dhaka, dismissing the respondent, Md. Abdul Khaleque, from his service was without any lawful authority and of no legal effect. 2. The respondent's case i..

Category: Employment/Service Law | Date: | Hits: 125

Modern Shipping Agencies Vs. Central Inland Water Trans­port Corpn. Ltd. & anr, 1991, 20 CLC (AD)

....judice to one of the contending parties. In the facts of the case the High Court Division's order does not suffer from any infirmity. Accordingly, the appeal is dismissed. No costs. Ed. ......ed for filing written statement and an application for further time for filing written statement was rejected as there was no one to move that application. The suit was fixed on 2nd June, 1982 for service return on defendant No. 1. The plaintiff filed an application in this regard and on 23rd Ju..

Category: Procedural Law | Date: | Hits: 104