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Zoad Miah @ Zayed Ali Vs. State, 2004, 33 CLC (AD)
..... 15. The High Court Division found that clause (a) of the Notification No. 234 MFCS(XIV)Salt-4(74) dated 26th August, 1974 published in the Gazette on 5th September, 1974 in exercise of the powers conferred by clause 7 of the Food stuffs Price Control and Anti-Holding Order, 1953 fix......p;……………...Appellant Vs. The State...........................................Respondent Judgment April 6, 2004. Case Referred to- Nikunja Bihari vs. Special Tribunal, 27 DLR 309. Lawyers Involved: Abdus ...... be set at liberty at once. Since the appellant is in custody from 6.2.2001, an advance order of release may be issued. Ed. This Case is also Reported in: 1 ADC (2004) 547. ...... be set at liberty at once. Since the appellant is in custody from 6.2.2001, an advance order of release may be issued. Ed. This Case is also Reported in: 1 ADC (2004) 547. ..Category: Criminal Law | Date: | Hits: 70
Aloke Nath Dey Vs. Government of Bangladesh, 2003, 32 CLC (AD)
....orney Mr. Lutfor Rahman Sarder fraudulently and for grabbing the property and as such the application was liable to be dismissed. The Government of Bangladesh contested the case asserting that the power of attorney dated 11.9.1981 in favour of Mr. Lutfor Rahman Sarder was fraudulent, collus......Ahammed J Aloke Nath Dey…... ..........Appellants Vs. Government of Bangladesh..................Respondent Judgment March 11, 2003. Cases Referred to- Mt. Shyam Sundari Devi and others v. Sarti Devi and others, AIR 1962 Patna 220; State B......e to consider the submission on behalf of the appellant "that a 'debt' is property and is heritable and it is treated as property under Section 3 and 130 of the Transfer of Property Act which calls it an 'actionable claim' and ornaments taken from the Jewellery shop of the petitioner's fath......legality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 528. ..Category: Property Law | Date: | Hits: 39
M/s Micro Electronic Limited Vs. M/s Rahimafroz Batteries Limited and other, 2002, 31 CLC (AD)
....ract to the Respondent No. 1 being of the nature of act of the arbiter is not sustainable in law as because the High Court Division in writ jurisdiction is not authorized to arrogate to itself the power of arbiter. 8. The learned Counsel appearing for the Respondent No. 1 has submitted th......an J Md. Fazlul Haque J M/s Micro Electronic Limited...........Petitioner Vs. M/s Rahimafroz Batteries Limited and other...........Respondent Judgment October 28, 2002. Lawyers Involved: Syed lshitaq Ahmed, Senior Advocate, instruct......at state of the matter the Respondent No. 1 filed Writ Petition impugning action of the PDB and its officials in the matter of issuing letter of intent for executing of the work, for which bid was called and writ petitioner was responsive, in favour of the present petitioner (Respondent No. 4 in......g executed or to make its direction effective. In view of the Discussions made hereinabove the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 485. ..Category: Procedural Law | Date: | Hits: 83
Giasuddin Quader Chowdhury Vs. ABM Fazle Karim Chowdhury and others, 2002, 31 CLC (AD)
....udges are to sit for any purpose. (4) The Chief Justice may authorize the next most Senior Judge of either Division of the Supreme Court to exercise in that division any of the powers conferred by clause (3) or by rules made under this article. The Notification: ......bsp; Syed JR Mudassir Husain J.- This is a Certificated appeal, in view of the provision in Article 62(3) of the Representation of People's Order, 1972 (hereinafter referred to as the order), against the judgment and order passed by the High Court Division on 20th and 21st......2488;িদ্দিকী) রেজিস্ট্রার। Article 49. (1) No election shall be called in question except by an election petition presented by a candidate for that election in ac......Any person aggrieved by a decision of the High Court Division may within thirty days of the announcement of the decision appeal to the Appellate Division (if it grants leave to appeal.) ..Category: Election Law | Date: | Hits: 312
Administrator, Gammon Bangladesh Ltd. Vs. Tota Mia and others, 2002, 31 CLC (AD)
....te Mr. Waliur Reza Chowdhury had to be suddenly away in his village home from 6.2.1996 to 9.2.1996 for his mother's illness. Further, Mr. Abdul Barek Chowdhury, advocate in the meantime filed a power on 4.3.1996 on behalf of the plaintiff respondent No. 1 and the office by an office note dat......s also Reported in: 1 ADC (2004) 427. ......is directed against the judgment and order dated 3.12.97 passed by the Division Bench of the High Court Division in Civil Rule No. 117(F) of 1993 rejecting the appellants application praying for recalling the order dated 7.2.1996 and restoring the Rule to its original file and number arising out......is hardly any ground for allowing the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 427. ..Category: Procedural Law | Date: | Hits: 94
Mir Kalimuddin Vs. Mohammad Dhukhi Mondal and others, 2004, 33 CLC (AD)
....s from the land in suit. 3. The suit was contested by the defendants stating, inter alia, that by an oral exchange in 1356 B.S defendant No. 8 got the property in suit and that thereafter a power of attorney was executed by the wife of Hajarilal Modal, who owned the property in suit in fa......ate-on-Record-For the Respondents. Civil Review Petition No. 63 of 2003. (From the Judgment and order dated April 5, 2003 passed by the Appellate Division in Civil Petition for Leave to Appeal No. 632 of 2002). Judgment &......ls on record arrived at the finding that in making the judgment the High Court Division did not commit any illegality and that there is no such infirmity in the judgment of the High Court Division calling for interference and thereupon dismissed the petition for leave to appeal. 7. Ground...... that view of the matter we find no substance in the petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 413. ..Category: Property Law | Date: | Hits: 29
Md. Abdul Mazid Vs. Secretary, Ministry of Energy and Mineral Resources, BD, 2002, 31 CLC (AD)
....the appeals, these are disposed of by this judgment. 2. The short facts leading to Writ Petition No. 4646 of 1997 are that writ petitioner, who is a Diploma Engineer (Electrical) had joined power Development Board on 9.12.1977 as Sub-Assistant Engineer in Dhaka Zone, System Control Center......of 2001) Vs. The Secretary, Ministry of Energy and Mineral Resources, Bangladesh Secretariat, Dhaka and others.........Respondents. (In both the appeals) Judgment October 26, 2002. Case Referred To- Md. Torab Ali Vs. Bangladesh Textiles Mills Corpora......ich they were placed under suspension and ultimately dismissed from service as per provision of Rule 139 (1)(b) of the Service Rules, 1982. The High Court Division found that explanations were called for which were when found not satisfactory inquiry officers were appointed where the appell......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. ..Category: Employment/Service Law | Date: | Hits: 89
Government of Bangladesh Vs. Md. Akhteruzzaman, 2002, 31 CLC (AD)
....the Administrative Tribunal. He further submits that the secretary of the Ministry having been authorized by the appointing authority to frame change against the respondent and he having been empowered under section 6(2) of the Government Servant (Special Provision) Ordinance, 1979 to issue ......ip;….Appellant Vs. Md. Akhteruzzaman..........................Respondent Judgment November 24, 2002. Lawyers Involved: AJ Mohammad Ali, Additional Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Appellant. Md.......hority or and person authorized by him in this behalf general or special order shall frame a charge, and by notice accompanied by the charge, require the Government servant, hereinafter called the accused to show cause within a period which shall not be less than two days nor more th......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. ..Category: Employment/Service Law | Date: | Hits: 62
Khursheda Jahan Vs. Syada Shafinaz Jahan and others, 2002, 31 CLC (AD)
....ddique Hossain was the owner of the suit property. He died leaving behind his wife, five sons and three daughters who possessed the same in ejmali as co sharer tenants. The wife and sons executed a power of attorney in favour of syed Amzad Hossain who is also a son of Syed Siddique Hossain. The ......ain was the owner of the suit property. He died leaving behind his wife, five sons and three daughters who possessed the same in ejmali as co sharer tenants. The wife and sons executed a power of attorney in favour of syed Amzad Hossain who is also a son of Syed Siddique Hossain. The pre-emptor ......uted in favour of the pre-emptee appellants. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 310. ......uted in favour of the pre-emptee appellants. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 310. ..Category: Property Law | Date: | Hits: 28
Abdur Rahim Chowdhury @ Jashim Vs. State, 2003, 32 CLC (AD)
....bdus Sattar Chowdhury had four sons and seven daughters. The eldest son Salim Chowdhury and youngest son Rabiul Awal are abroad while informant Abdul Karim Chowdhury being second son served in power development Board, Chittagong as Sub-Assistant Engineer. The accused Abdur Rahim alias Jashim......tion Vs. The State...............................Respondent Judgment December 7, 2003. Jail Petition No. 3 of 2003. (From the judgment and order dated October, 2002 passed by the High Court Division in Death Reference No.17 of 1999 with Appeal 2023 of......e High Court Division. In such view of the matter, this jail petition merits no consideration and accordingly it is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 304. ......e High Court Division. In such view of the matter, this jail petition merits no consideration and accordingly it is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 304. ..Category: Criminal Law | Date: | Hits: 55
Md. Saiful Islam and another Vs. Sheikh Hasanul Huq and others, 2004, 33 CLC (AD)
....ed without any order as to cost and the judgment and order passed by the High Court Division making The Rule absolute is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 290. ......petition impugning the Memo dated 24.11.92. where by his seniority was taken away, stating inter alia that on 9.12.1978 he joined Bangladesh Power Development Board as an Assistant Engineer; he had to tender resignation from service under BPDB with effect from 20.7.1979 for taking job abroad......n opportunity to show cause. 3. The respondent Nos. 2-3 contested the Rule and filed affidavit-in-opposition stating inter alia that while re-employing the respondent No.1 it was specifically mentioned that he would not be allowed to claim seniority on the basis of his previous appoin......m of service abroad he returned to Bangladesh and applied for reinstatement in the service of BPDB with a prayer for maintaining his seniority from the date of first appointment; in its 356th meeting date 4.10.1987 (Annexure B) the Board of BPDB decided that he would be re-employed on the s..Category: Employment/Service Law | Date: | Hits: 82
Qamrul Islam Siddique Vs. Saber Ahmed and another, 2002, 31 CLC (AD)
....g of the case. 2. Facts, in short are that respondent No.1 after obtaining degree in Civil Engineering joined on 25th September 1961 as Assistant Engineer in the then East Pakistan Water and power Development Board and while was holding the post of sub Divisional engineer he left the ......ry of LGRD and co-operatives on 22nd December, 1984 as Executive Engineer in the Local Government Engineering Bureau. Thereafter he was transferred from Chittagong Zilla Parishad on 25th June, 1985 to LGRD Head Quarter at Dhaka as superintendent Engineer and he worked there as superintendent Eng......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. ......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. ..Category: Administrative Law | Date: | Hits: 95
Aminul Islam Vs. Mr. Tawhid Ahmed Siddique and others, 2004, 33 CLC (AD)
....Nos.1-3 were placed at serial Nos.109, 115 and 118 respectively and the appellant was placed at serial No.128. After publication of the gradation list new Service Rule of the employees of the power Development Board was published in the Gazette on March 4, 1982 and the Rule 19 of the said R...... 1-3. Ex-parte-Respondent Nos. 4-7. Civil Appeal No. 581 of 2001. (From the Judgment and Order dated July 13, 1999 passed by the High Court Division in Civil Petition for leave to Appeal No. 129 of 1999 [heard along with C.P. No. 52 of 1999]). Judgment &nb...... 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. ...... 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. ..Category: Employment/Service Law | Date: | Hits: 72
Sultan Ahmed Talukder and anr Vs. Registrar of Trade Union, Dhaka Division & ors, 2004, 33 CLC (AD)
....ial Relation Ordinance, 1969 that the Registrar had authority to decide about the validity and legality of any elected committee and further that the High Court Division failed to exercise its power of judicial review under Article 102 of the constitution in the manner required by the ......or the Appellants. Abdul Wadud Bhuiyan, Senior Advocate, instructed by Fakrul Islam, Advocate-on-Record-For respondent Nos. 5-8 10, 12, 15, 17, 18, 20-29. Fida M. Kamal, Additional attorney General instructed by Ahsanullah Ullah Patwary, Advocate-on Record-For Respondent Nos. 1-2. ......allowed without any order as to costs. The matter is sent back to the High Court Division to dispose of writ petition on merit. Ed. This Case is also Reported in: 1 ADC (2004) 195. ......allowed without any order as to costs. The matter is sent back to the High Court Division to dispose of writ petition on merit. Ed. This Case is also Reported in: 1 ADC (2004) 195. ..Category: Labour and Industrial Law | Date: | Hits: 100
Bangladesh Water Development Board Vs. M/s Zakir Construction & Co., 2000, 29 CLC (AD)
.... as his jurisdiction is limited by terms of his reference. 12. Mr. Bhuiyan submits that in the present case the Arbitrator acted beyond his jurisdiction as law has not entrusted him with any power to award interest-till realization. This question was raised before the trial Court and after......Board WAPDA Building, Motijheel, Dhaka ..............Appellant Vs. M/s Zakir Construction & Co........Respondent Judgment November 27, 2000. Case Referred to- Bangladesh Agricultural Development vs. Kibria and Associates Ltd. 46 DLR (AD) 97. ......rator awarded the interest which was up held by the trial court and the High Court Division also considered this point and we find no illegality in awarding of interest by the Arbitrator which may call for our interference. The points raised by Mr. Bhuiyan are therefore answered against him. ......refore no merit in this appeal and the same is liable to be dismissed. The appeal is accordingly dismissed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 160. ..Category: Civil Law | Date: | Hits: 89
Mostafizur Rahman & 5 others Vs. Government of Bangladesh and 5 others, 1997, 26 CLC (AD)
....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 matter and in the meantime different chambers of commerce and Industry submitted representations to respondent No. 3 prepaying for reduction of the enhanced tariff rate and also called upon the respondents to stop the practice of issuing notifications from time to time in betw......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. ..Category: Fiscal/Taxation Law | Date: | Hits: 199
Md. Sirajuddin Vs. Mohibunessa and others, 2002, 31 CLC (AD)
....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......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. ......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. ..Category: Property Law | Date: | Hits: 23
Shamsu Miah and othÂers 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. ......Court Appellate Division (Civil) Present: Ruhul Amin J KM Hasan J Md. Fazlul Haque J Shamsu Miah and others represented by the Constituted Attorney Mohammed Hafizur Rahman and (11) others............Appellants Vs. The Gov......ions were opposed by the Government (writ-respondent No.1) contending, inter alia, that the allotment so claimed by the respective writ petitioners was product of fraud and as such by the so called allotments writ petitioners did not acquires any right in the land so claimed to have been a...... 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. ..Category: Property Law | Date: | Hits: 27
Gazi Gaiasuddin Vs. Bangladesh Power Development Board and other, 2002, 31 CLC (AD)
....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......titioner that in the second show cause notice there was absence of kind of punishment going to be imposed on the appellant is of no substance since in the second show cause notice the appellant was called upon to show cause why punishment of dismissal from service shall not be imposed upon him. ...... 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. ..Category: Employment/Service Law | Date: | Hits: 69
Dhaka University Vs. Gias Kamal Chowdhury and others, 2001, 30 CLC (AD)
....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......mits that when the Statute provided for alternative and efficacious remedy the writ petition can not be maintained. He submits that Article 46(17) (ii) provides that no election shall be called in question except by an election petition presented in accordance with the rule. He contend......f the First Statues. 11. As regards Counting of ballot papers outside Dhaka, Shafique Ahmed, learned Counsel appearing on behalf of the appellants submits that before the date of poll a meeting was held amongst the representatives of the parties on 11.6.1999 wherein it was decide..Category: Civil Law | Date: | Hits: 98
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