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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. ......try of Establishment……………… Appellants (In both the appeals). Vs. Shamsuddin Ahmed.....................Respondent (In both the appeals). Judgment July, 2003. Cases Referred to- Pakistan vs. M/S A. B. Issacs, 22 DLR (SC) 371; Divisional superintendent, P.W.P. Karachi vs.......wed in part by judgment and order dated 26-11-96. 6. The Government appellant has preferred two appeals from the aforesaid judgment and order of the Administrative Appellate Tribunal and leave was granted in both the appeals in the following terms:- Mr. B. Hossain, learned Advocate-on-Record f..Category: Administrative Law | Date: | Hits: 138
Mostafizur Rahman & 5 others Vs. Government of Bangladesh and 5 others, 1997, 26 CLC (AD)
....t could be decided in a proper case. For the above reasons all these appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 141. ......as been, inter alia, stated therein that the Government refixed the tariff value of different importable items of goods by issuing notification S.R.O. No. 224 dated 14.6.90 in exercise of the power conferred on it under section 25 (7) of the Customs Act, 1969 and in super session of no...... 6 of 1995) Vs. Government of Bangladesh and 5 others........Respondents (In Civil Appeal No. 6 of 1995). Judgment May 21, 1997. Cases Referred To- Collector of Customs, Chittagong and others Vs. A. Hannan 42 D.L.R (AD) 167; Collector of Customs, Chitta...... the facts of those cases. All the Rules having been discharged the leave petitions were filed seeking leave to appeal from the impugned judgment of the High Court Division. Leave was granted to consider mainly two points, first, whether the enhancement of the tariff value by the i..Category: Fiscal/Taxation Law | Date: | Hits: 199
Md. Sirajuddin Vs. Mohibunessa and others, 2002, 31 CLC (AD)
....he appeal is allowed and the impugned judgment of the High Court Division is set aside. No order is made as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 136. ......the change of number of khatian by ways of correction of one number to another either in the plaint or in the decree and in the document in question can be very well done by exercising the inherent power of the court under Section 151 of the Code of Civil Procedure under the facts and circumstanc...... Sayeed JR Mudassir Husain J. - In this appeal, leave has been granted by this division on 1.12.94 to consider as to whether the learned single judge of the High Court division was justified or....... 56 of 1992). Judgment Sayeed JR Mudassir Husain J. - In this appeal, leave has been granted by this division on 1.12.94 to consider as to whether the learned single judge of the High ..Category: Property Law | Date: | Hits: 23
Gazi Gaiasuddin Vs. Bangladesh Power Development Board and other, 2002, 31 CLC (AD)
.... under the signature of the respondent No.3 is declared to have been passed without lawful authority. There is no order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 103. ......mittee and the enquiry officer after giving personal hearing to the appellant submitted his report on 12 September, 1994 observing that there was shortage of employees and that with increase of manpower the activities with regard to system loss reduced and also there was increase in revenue......er), he was serving in Dagon Bhuiyan Electric Supply on being transferred from Raipur Electric Supply, where he was Resident Engineer, was server with the letter dated 23 July 1994 asking him to explain why disciplinary action under the Bangladesh Power Development Board (Employees) Service......ser punishment" and thereupon discharged the Rule. 6. The appellant as against the judgment and order of the High Court Division filed petition for leave to appeal. Leave has been granted to consider the submissions of the leave petitioner (i) that in the second show cause ..Category: Employment/Service Law | Date: | Hits: 69
Md. Shamir @ Shamir Khan and others Vs. State, 2002, 31 CLC (AD)
.... period of imprisonment already undergone with a fine of Tk. 1,000/- each in default to suffer imprisonment for one month more. Ed. This Case is also Reported in: 1 ADC (2004) 89. ......d in section 320 of the Penal Code, It provide for permanent disfiguration of the head or face, fracture or dislocation of bone or tooth. Disfiguration or permanent impairing of the powers of any member or joint, permanent privation of the hearing of either ear. Emasculation and a......shy;inal Appeal No. 1933 of 1993 upholding the conviction and sentence passed by the learned Sessions Judge, Rajbari in Session Case No. 1 of 1993 convicting the sentencing the appellants to suffer rigorous imprisonment for five years under section 326 of the Penal Code and to pay a fin......fore the High Court Division wherein the appeal was dismissed. Against this order of dismissal of the appeal the present appellants preferred Criminal Petition for leave to appeal wherein leave was granted in the following terms- "The learned Counsel appearing on beha..Category: Criminal Law | Date: | Hits: 78
Dhaka University Vs. Gias Kamal Chowdhury and others, 2001, 30 CLC (AD)
....al and the same is accordingly dismissed without cost. Connected Civil petition for leave to Appeal No. 9 of 2001 is also dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 71. ......ion it may be held in the following academic year and the Registered Graduates already enrolled in the previous year shall be entitled to take part in the election. So the law has given ample power to the authority to shift the date of election of a particular academic year to subseque......Vs. Mr. Giasuddin Ahmed Chowdhury @ Gias Kamal Chowdhury and others..............Respondents (In Civil Petition No. 9 of 2001) Judgment December 10, 2001. Cases Referred to- Imtiaz Ahmed Vs. Ghulam Ali, 15 DLR (SC) 283; Md. Enayet Ali Vs. Munsif, First Court, K......ition No. 2314 of 1999) Judgment Mahmudul Amin Choudhury CJ. - In this appeal leave was granted to consider the following:- "That in view of the existence of the statuto..Category: Civil Law | Date: | Hits: 98
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. ...... of any minor as the determination of such a question depends on several facts and circumstances including documentary and other evidence. 4. Pobir Halder the learned Advocate submits that the power of the High Court Division under section 491 of the Code of Criminal Procedure is quite indepe...... Vs. The State represented by the Deputy Commissioner, Satkhira and another ……………....Respondents Judgment February 3, 2002. Result: The appeal is allowed. Cases Referred to- Wahed Ali Dewan Vs. The State and others, 46 DLR (AD) 10; Sree Mangla Chandra Nandi Vs. Bangl......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. ..Category: Criminal Law | Date: | Hits: 34
Military Estate officer, Dhaka Cantonment Vs. Sk. Mohammad Ali and others, 2002, 31 CLC (AD)
....basis of a notice which was found to be illegal by the High Court Division the civil court can exercise its inherent power under section 151 of the Code in such a case and in the present case this discretionary exercise of power has not run counter to the interest of justice. 8. We have g...... possession on the strength of notice dated 29.12.1976. But this notice was ultimately found to be illegal and of no legal effect by the High Court Division. In such a situation can a court remain powerless and a silent spectator and watch that in spite of the fact that a decree has been passed ...... Supreme Court Appellate Division (Civil) Present: Mahmudul Amin Choudhury CJ Md. Ruhul Amin J K. M. Hasan J Military Estate officer, Dhaka Cantonment, Dhaka and another..........Appellants Vs. Sk. Mohammad Ali and others............allowed the appeal and set aside the order dated 30.4.1995 passed by the learned Subordinate Judge and ordered for restitution of the Suit land to the plaintiffs. 3. Leave was earlier granted in this appeal to consider the following:- "..........that the notice..Category: Property Law | Date: | Hits: 31
Md. Laisur Rahman Vs. Most. Nayma Ara Begum and another, 2003, 32 CLC (AD)
....eal is allowed on modification of substantive sentence to the period already under gone, but the sentence of fine is maintained. Ed. This Case is also Reported in: 1 ADC (2004) 25. ......eal is allowed on modification of substantive sentence to the period already under gone, but the sentence of fine is maintained. Ed. This Case is also Reported in: 1 ADC (2004) 25. ......rt of Additional District Magistrate, Dinajpur passed in case No. 366 (c) of 1990 convicting the appellant under section 6 (5) (b) of the Muslim Family Laws Ordinance, 1961 and sentencing him to suffer simple imprisonment for one year and also to a fine of Tk. 5,000/- in default to suf......cepted by the court since the Chairman of No. 6 Omarpur Union Parishad had no jurisdiction to entertain the petition under sub-section (2) of section 6 of the Muslim Family laws Ordinance, 1961 to grant permission for 2nd marriage. 3. Leave was granted to consider the submission of t..Category: Criminal Law | Date: | Hits: 35
Golam Ambia Vs. Deputy Commissioner, Mymensingh and others, 2003, 32 CLC (AD)
....tridges which were seized by the impugned list to the petitioner immediately. Ed. This Case is also Reported in: 1 ADC (2004) 13. ......e same, and may detain the same for such time as it things necessary for the public safety." 6. On a scrutiny of section 26 of the Arms Act we find that the Government is empowered to seize any arms, ammunition or military stores in the possession of any person, not...... August 26, 2003. Lawyers Involved: Mahbubur Rahman, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant. Abdur Razaque Khan, Additional Attorney General, Md. Ataur Rahman Khan, Deputy Attorney General and Md. Faisal H. Khan, Assistant A......n the ground that the appellant died not reply to the show cause notice and therefore, by canceling licenses of the arms of the appellant the respondent had acted in accordance with law. Leave was granted to consider the following:- " Mahbubur Rahman, the learned co..Category: Criminal Law | Date: | Hits: 40
Shahabuddin Chisti Vs. Rajdhani Unnayan Katripakhya and another, 2008, 37 CLC (AD)
....ned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009), 73; VI ADC (2009) 271. ......ng aside the decree of the trial Court holding the suit as not maintainable; that impugned memo dated 06.04.1999 is ex facie, illegal and without jurisdiction and has not been issued in exercise of power under Section 9 of the Building Construction Act, and the same is violation of principle of ......1 Rajdhani Unnayan Katripakkhya in short RAJUK as illegal, without jurisdiction and not binding upon the plaintiff. 3. In the plaint it was asserted, inter alia, that the suit land belonged to Israt Reba Mohammad Zunaid and Shamim Ara Rafique who proposed to sell the property to&nbs......003 before the High Court Division and the High Court Division by the impugned judgment and order allowed the appeal as already mentioned above. 7. Hence, is this appeal. 8. Leave was granted to consider the submission of the learned Counsel for the appellant that "In view..Category: Property Law | Date: | Hits: 40
State Vs. Md. Firoj Ahmed, 2007, 36 CLC (AD)
....In the above facts and circumstances of the case we find no merit in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 263. ......In the above facts and circumstances of the case we find no merit in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 263. ......………..Petitioner Vs. Md. Firoj Ahmed ............Respondent Judgment September 30, 2007. Lawyers Involved: Abu Bakker Siddique, Deputy Attorney General instructed by Abu Sams Md. Khalequzzaman Advocate-on-Record-For the Petitioner. ......In the above facts and circumstances of the case we find no merit in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 263. ..Category: Criminal Law | Date: | Hits: 37
Md. Delowar Hossain Vs. Md. Nurul Hoque and others, 2007, 36 CLC (AD)
....submissions of the learned Advocate for the petitioner merit no consideration. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 241. ......e statements made in paragraph No. 4 of the writ-petition are not correct. 4. Md. Abdul Jabbar, the learned Advocate appearing for the petitioner, submits that the Government has ample power to curtail any area and create a new area and a Nikah Registrar may be appointed in the newly...... Lawyers Involved: Md. Abdul Jabbar, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner Not represented- the Respondents. Civil Petition for Leave to Appeal No. 1188 of 2005. (From the judgment and order dated 07-12-2004 passed by the Hig......submissions of the learned Advocate for the petitioner merit no consideration. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 241. ..Category: Civil Law | Date: | Hits: 81
Raghunath Sarker Vs. Ramnath Sarker, 2008, 37 CLC (AD)
....are of the opinion that the appeal has got no merit and accordingly, the same is dismissed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 232. ...... the father is alive and free from defect. Upon his death, the property in the sons arises, and with it the right to a partition' (ss. 273, 275)3. A father under Mitakshara law has no such power over joint family property. He cannot dispose of it, not even his own interest there&sh......d, collusive, illegal, fraudulent, forged and not binding upon the plaintiff and the plaintiffs case, in short, is that the lands mentioned in the ‘Kha’ schedule in the plaint belonged to Horidash Sarker, and that he lived in the 'Kha' schedule land along with his wife and 2 sons. Th......are of the opinion that the appeal has got no merit and accordingly, the same is dismissed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 232. ..Category: Property Law | Date: | Hits: 24
Md. Murtoza Ali & anr Vs. Renu Bibi @ Saifur Nessa & ors., 2007, 36 CLC (AD)
....e-emption in favour of the respondent pre-emptor. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 203. ......of the case land together with 10% compensation money. 5. The pre-emptee petitioners entered appearance wherein opposite party No.1 also represented opposite party No.2 on the strength of a power of attorney in his favour; they filed written objection denying the allegations of preem...... This Case is also Reported in: VI ADC (2009) 203. ......e-emption in favour of the respondent pre-emptor. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 203. ..Category: Property Law | Date: | Hits: 25
Manager, Satgaon Rubber Bagan & Ors. Vs. Chairman, 2nd Labour Court, Ctg., 2007, 36 CLC (AD)
....ve facts and circumstances we find no merit in the leave petitions. Accordingly all the three petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 190. ......ve facts and circumstances we find no merit in the leave petitions. Accordingly all the three petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 190. ......Not Represented-Respondent Nos.1-14, 16-49 (In Civil Petition No.1204 of 2005). Not represented- Respondent Nos.1-8, 10-33 (In Civil Petition No.1205 of2005). Civil Petition for Leave to Appeal Nos. 1203-1205 of 2005. (From the judgment and order dated 04.04.2005 passed by t......ve facts and circumstances we find no merit in the leave petitions. Accordingly all the three petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 190. ..Category: Labour and Industrial Law | Date: | Hits: 65
Mahadeb Chandra Mondal and other Vs. Rebati Sarder and others, 2007, 36 CLC (AD)
.... substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 186. ...... decree. Moreover, the evidence as adduced by the P.W.'s do not support that the plaintiff are in possession in the property. The decree in question was passed long before the execution of the power of attorney deed. It is clear that the plaintiffs have hopelessly failed to prove their case ......, Advocate-on- Record-For the Petitioners. S. R. Khoshnabish, Advocate-on-Record-For Respondent No. 5. None represented- For Respondent Nos. 1-4, 6-16. Civil Petition for Leave to Appeal No. 245 of 2006. (From the judgment and order dated the 28th November, 2005 passe...... substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 186. ..Category: Property Law | Date: | Hits: 23
K.K.K. Garments Limited Vs. Islamic Bank Bangladesh Limited and others, 2007, 36 CLC (AD)
....erit in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 181. ......ofits thereof by 28.04.1988. Defendant Nos. 2 and 3 deposited the deed of the schedule property as collateral security in favour of the plaintiff bank and also executed and registered separate power of attorney. Over and above, the defendants deposited the memorandum, title deed, affidavit,......awab Ali, Advocate-on-Record-For the Petitioner. Mrs. Sufia Khatun, Advocate-on-Record-For Respondent No. 1. None Represented- For Respondent Nos. 2-3 Civil Petition for Leave to Appeal No.723 of 2005. (From the judgment and order dated the 27th March, 2005 passed by......bank, but the defendants did not repay the Murabha investment amount which stood at Tk.28,19,149.00 on 28.04.1988 and on the prayer of the defendants the said amounts were turned into hire purchase grant on 13.08.1990. The defendants failed and neglected to pay the bank dues in time and subseque..Category: Banking Law | Date: | Hits: 97
Taj Din Vs. Mrs. Razia Begum Alvi and others, 1973, 2 CLC (AD)
....sfied that there is no substance in them. The appeal is, therefore, dismissed. The parties are directed to bear their own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 13. ......ed by the Custodian under section 19, then no further sanction under section 20 of the Pakistan (Administration of Evacuee Property) Act, 1957, was required. (iii) to invest the Custodian with the powers to withhold his consent after according permission and to render the sale nugatory which had ......nts Judgment December 15, 1970. The Pakistan (Administration of Evacuee Property) Act, 1957, sections 19 & 20 Since the respondents obtained prior approval of the custodian before transfer of property there was no prohibition on confirmation of the said transaction ......sale. In this connection he moved an application to the Custodian of Evacuee Property for permission to sell six squares of land. The Custodian of Evacuee Property, by order dated the 28th May, 1949, granted the sanction in the following terms:— "I have, therefore, no objection if the petit..Category: Property Law | Date: | Hits: 28
Lala Ghand Sarder Vs. Abdul Huq and others, 2007, 36 CLC (AD)
....stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 150. ......he time of execution and registration of the disputed sale deed. But Section 96 of the State Acquisition and Tenancy Act having not provided relief for such circumstances it is not within the power of this Court to mitigate such hardship. 7. The High Court Division on considera......b Hossain, Advocate-on-Record-For the Petitioner. Mohammad Ali, Advocate-on-Record-For Respondent Nos. 1 -2. Not represented- Respondent Nos. 3-7. Civil Petition for Leave to Appeal No. 232 of 2006. (From the judgment and order dated the 11th December, 2005 passe......stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 150. ..Category: Property Law | Date: | Hits: 20
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