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Dock Workers Management Board Vs. Muhammad Ismail and others, 2005, 34 CLC (AD)
.... their services were regulated by Dock Workers (Regulation of Employment) Act 1980 and that the law was later replaced by the Dock Workers (Regulation of employment) Scheme 1983 and the Government accorded approval of the pay scale of grade-VI for those posts and that in the 30th meet...... the respondent Nos.1 to 3 are in the service of the Republic and thus they cannot compel the Government in the matter of up gradation and that recommendation simpliciter does not entitle anybody to claim the up gradation as of right and that on right thus being accrued in favour of the wr..Category: Employment/Service Law | Date: | Hits: 88
Forest Ranger, Bhaluka Range Office, M.singh & ors Vs. Hamid & sons Ltd. & ors , 2005, 34 CLC (AD)
.... application under order 41 Rule 19. 4. Mr. A. J. Mohammad Ali, learned Attorney General appearing on behalf of the petitioners submits, inter-alia, that the suit property was acquired by the Government vide Gazette Notification dated 2.4.1956 and vested in the defendant No. 1 under sectio...... The petitioners are also permitted to prepare paper book out of court in accordance with rules. Stay granted earlier be further extended till disposal of the appeal. Ed. ..Category: Property Law | Date: | Hits: 41
Governor, Bangladesh Bank, Head Office, Dhaka Vs. M. Habibullah Bahar & another, 2006, 35 CLC (AD)
....ast submission that the Bangladesh Bank is a Statutory Body which can sue and be sued in its own name and its management is vested in the Board of Directors and the Governor is an appointee of the Government and holds office for a fixed term. Therefore, the writ petition is bad for defect of par......oncerned for extension of time limit for completion of formalities and the concerned authority may consider the prayer in accordance with law if found tenable in law. Ed. ..Category: Banking Law | Date: | Hits: 124
Bangladesh Biman Corporation Vs. Lt. Col. (Rtd.) Md. Zainul Abedin and ors, 2000, 29 CLC (AD)
....Mahmudur Rahman J Mahmudul Amin Choudhury J Bangladesh Biman Corporation………………….Appellant (In C.A. Nos. 30 & 32 of 1999) Government of Bangladesh and others ...................... Appellants (In C.A. Nos. 31 & 33 of ....... Mustafa Kamal, J. (as he then was), speaking for the Court, answered it in the following terms: "—If regulation 53 had provided that the competent authority of a statutory body may exercise the same powers as are exercised by the Government under section 9(2) of th..Category: Employment/Service Law | Date: | Hits: 103
Md. Kamaluddin and others Vs. Bangladesh, 2006, 35 CLC (AD)
....ts writ jurisdiction. 5. The rule was contested by the writ respondent Nos.1 to 4 filing affidavit-in-opposition denying material averments of the writ petition. It was stated that Government for public purpose and for public interest through Rajdhani Unnoyan Kartipakkah (RAJUK) ......hich is number process of acquisition and as such notices under Section 3 of the Ordinance have been served on 22.05.2002 for the purpose of requisition and acquisition and that the requiring body has no malafide intention and that the objections filed by some of the writ petitioners h..Category: Property Law | Date: | Hits: 31
Anath Bandhu Guha & Sons Ltd. Vs. Babu Sudhangshu Shekhar Halder, 1990, 19 CLC (AD)
....ription of stamp prescribed therefor, be duly stamped by a private person, it may be taken within the said period of three months to the Collector, who shall stamp the same, in such manner as the Government may by rule prescribe, with a stamp of such value as the person so taking such inst......y suffers from an error of law and it is accordingly set aside. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 244. ..Category: Property Law | Date: | Hits: 118
Parveen Banu @ Purnima & others Vs. Bangladesh House Building Finance Corporation, 1990, 19 CLC (AD)
....ict Judge, Dhaka under Article 27 of President's Order No. 7 of 1973 for the realisation of loan money against MA Naser, the loanee and 2 others i.e. Dhaka Improvement Trust (Defendant No. 3) and the Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Public W......gment and decree as they are. In view of the discussion above, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 234. ..Category: Property Law | Date: | Hits: 95
Abul Khair Vs. State, 2005, 34 CLC (AD)
....learned Session Judge Chandpur in Sessions Case No. 8 of 1989 is set aside and the appellant is acquitted and he is set free, if not wanted custody in connection with any other case. Ed. ......re serious contradictions in the evidence of eye witnesses that is P.W.2,4,5 and 6 and the prosecution failed to prove its case with regard to the infliction of dagger blow by the appellant on the body of the victim as such the order of conviction against the appellant is liable to be set aside...Category: Criminal Law | Date: | Hits: 52
Md. Yousuf & others Vs. Administrator of Waqf and others, 2005, 34 CLC (AD)
....ng them as trespassers from their respective shops. The District Magistrate on receipt of the said letter of the Administrator of Waqfs started Miscellaneous Case No.28 of 2002 under the provision of Government and Local Authority Lands and Buildings (Recovery of Possession) Ordinance, 1970 (Ordinan......ckground of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 50. ..Category: Trust/Waqf Law | Date: | Hits: 228
Md. Biseruddin Sardar & others Vs. Md.Tofazzal Hossain Biswas & others, 2004, 33 CLC (AD)
....hat the contesting defendants have filed rent receipts Ext. A-A (28) showing payment of rents to these landlords and rent receipts Exts. A (29)-A (49) showing payment of rent for the suit land to the Government Acquired Estate for the suit land and these go to prove their possession. 13. The Hig......n acted illegally in interfering with the findings and decision of the court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 26
Abu Naser Mohammad Wahidun Nabi and another Vs. Jatindra Mohan Roy and others, 2004, 33 CLC (AD)
....fendants' side there was no challenge as to the genuineness of the passport and the entries therein. It may be mentioned Jatindra Mahan Roy visited Bangladesh on the basis of a passport issued by the Government of India on July 26, 1978 and upon referring to the Ext.14 and the entries therein the le......of no merit because of the established rule that at first plaintiff is to prove his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ..Category: Tenancy Law | Date: | Hits: 194
Government of Bangladesh, and others Vs. Md. Sirajuddin Khan and others, 2005, 34 CLC (AD)
....this appeal shall stand dismissed. Ed. ......t of Tk.3,000/- in favour of the plaintiff respondent No.1 within two months from the date of receipt of this order by the trial court, in default, this appeal shall stand dismissed. Ed. ..Category: Property Law | Date: | Hits: 40
K.M. Shamsul Alam Vs. Managing Committee, Police Line High School and others, 2005, 34 CLC (AD)
....the point is very clear as Rule 9 of the Bangladesh Service provide that "A declaration of age, made by the an applicant for government service at the time of, or of the purpose of entry into Government service shall be deemed to be binding on the person who has made it and no revision of s...... High Court Division on correct appreciation of facts and law discharged the Rule and there is no cogent reason to interfere with the above decision. The petition is dismissed. Ed ..Category: Employment/Service Law | Date: | Hits: 82
Mahmudul Alam Mantu Vs. Sanwar Hossain Talukder & ors., 1990, 19 CLC (AD)
....e Dhaka Municipal Corporation Ordinance No. XL of 1983 in Chapter II provides for election of Commissioners for the wards. In exercise of the powers conferred by section 157 of the Ordinance, the Government framed the aforesaid Rules, Part III of which provides for 'election disputes'. It is n....... The writ petition will be heard as a motion as soon as the business of the Court permits. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 211. ..Category: Election Law | Date: | Hits: 102
Sk. Shamsur Rahman @ Shamsu Vs. State, 1990, 19 CLC (AD)
....he courts below have rightly convicted the appellant under section 302 pf the Penal Code. Accordingly, the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 200. ...... From the Sadar hospital the deceased was taken to the Combined Military Hospital at Jessore where he died in the night following 26.3.81. PW 10 Mujibar Rahman, OC Fultala PS held inquest on the dead body of the deceased Sakhawat Hossain on the morning of 27.3.81 and sent the same through constable ..Category: Criminal Law | Date: | Hits: 44
Md. Islam Uddin @ Din Islam Vs. State, 2007, 36 CLC (AD)
....s on record accepted the death reference and dismissed the jail appeal. There is no cogent reason to interfere with the same. Accordingly, the jail petition is dismissed. Ed. ......he floor with bleeding injuries. On getting such information, the informant went to the place of occurrence and after breaking open the door, entered inside the Ice Cream Factory and found the dead body of the deceased with grievous injuries on his neck and also found wooden stick in the rectum ..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. Md. Abdul Jabbar Sheikh, 2006, 35 CLC (AD)
....owed. There is no order as to costs. Ed. ......g the suit. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 38
Mohammad Ahmed Rashid and others Vs. Mohammad Shafi and others, 2005, 34 CLC (AD)
....2005. Cases Referred To- Md. Ismail Vs. Munshi Ali Hossain 60 DLR 641; Food vs. Jalaluddin Ahmed, 37 DLR (AD) 27; Md. Ismail Serang vs. Munshi Ali Hussain and others, 6 DLR 641; Government of Bangladesh vs. Jalaluddin Ahmed 37 DLR (AD) 27; Haji Ghulam Mohyuddin Vs. Federation ......ned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 88; 12 BLC (AD) (2007) 61; 12 MLR (AD) 2007, 162. ..Category: Property Law | Date: | Hits: 41
Government of Bangladesh Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)
....rdingly allowed without any order as to costs. Ed. ...... Containing Plot Nos. 600-699 of Char Mominpur is forged, concocted and collusive and also prayed for permanent injunction restraining the defendants from leasing out the suit land to anybody and also from disturbing plaintiffs' possession in the suit land. 3. The defendant No.1 ..Category: Property Law | Date: | Hits: 31
Md. Abul Kashem & others Vs. Montaz Ali Mondal & others, 2006, 35 CLC (AD)
....low that the plaintiffs had failed to prove their possession in the suit land are correct. 11. It is also not disputed that the plaintiffs did not approach the authorized officer of the Government of the then 'East Pakistan now Bangladesh i.e.(The Deputy Commissioner concerned) for r......ent of the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 59