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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. ......to the salary towards the unexpired period of contract and that has been rightly done…………………..(7 & 8) Cases Referred to- Bangladesh Small Industries Corporation, Dhaka vs. Mahbub Hossain Chowdhury 29 DLR (SC) 41; M/S. A......laim damages for the breach of contract committed by the employer. In this connection, the High Court Division relied on the decisions in the case of Bangladesh Small Industries Corporation, Dhaka Vs. Mahbub Hossain Chowdhury reported in 29 DLR (SC) 41 and the case of M/S. Amin Jute Mills Ltd. V...... Supreme Court Appellate Division (Civil) Present: Syed J.R. Mudassir Husain CJ M.M. Ruhul Amin J Amirul Kabir Chowdhury J Md. Alimuzzaman Khan...............................Petitioner Vs Mohammad Golam K..

Category: Employment/Service Law | Date: | Hits: 82

Sree Hare Krishna Das Vs. Government of Bangladesh, 2006, 35 CLC (AD)

.... Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Sree Hare Krishna Das...................................................... Petitioner Vs. Government of Bangladesh represented by the Secretary, President Secretariat, Govt. of the People'...... Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Sree Hare Krishna Das...................................................... Petitioner Vs. Government of Bangladesh represented by the Secretary, President Secretariat, Govt. of the People's Republic of B......ivil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Sree Hare Krishna Das...................................................... Petitioner Vs. Government of Bangladesh represented by the Secretary, President Secretariat, Govt. of t...... Accordingly the petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 146. ..

Category: Administrative Law | Date: | Hits: 92

Government of Bangladesh Vs. Md. Osimuddin, 2005, 34 CLC (AD)

....ed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011)119. ...... order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011)119. ......ivil) Present: Md. Ruhul Amin J MM Ruhul Amin J Government of Bangladesh, represented by the Secretary, Ministry of Forest, Secretariat Building, Dhaka and others ..........Appellants. Vs. Md. Osimuddin................................Respondent. Judgment June 20, 2005. Cas......l. Accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011)119. ..

Category: Property Law | Date: | Hits: 38

Azizullah @ Azizur Rahman Vs. Abu Taher Chowdhury and others, 2006, 35 CLC (AD)

....e Supreme Court of Bangladesh (Appellate Division) Rules 1988 and therefore is not maintainable. Consequently, the Review Petition merits no consideration and accordingly it is dismissed. Ed. ......h @ Azizur Rahman.......................Petitioned Vs. Abu Taher Chowdhury and others…….........Respondents Judgment February 23, 2003. The Bangladesh Supreme Court (Appellate Division) Rules, 1988, Order XXVI, rule 4 Review is not a......ainur Reza Chowdhury CJ Mohammad Fazlul Karim J Syed J. R. Mudassir Husain J Abu Sayeed Ahmed J Azizullah @ Azizur Rahman.......................Petitioned Vs. Abu Taher Chowdhury and others…….........Respondents Judgment ......ules, 1988, is not maintainable. Lawyers Involved: S. M. Zillul Haque, Senior Advocate, instructed by Sufia Khatun, Advocate-on-Record- For the Petitioner.     Md. Aftab Hossain, Advocate-on-Record- For respondent No.1.    Not represen..

Category: Procedural Law | Date: | Hits: 71

Badsha Miah (Md) Vs. Sonali Bank and others, 2006, 35 CLC (AD)

.... of the same Bank and 9 others of some other nationalised Banks including Agrani Bank; that one Mr. Kobad Ali, Deputy General Manager of the Agrani Bank, who was also one of those so retired by the Government, instituted Administrative Tribunal Case No. 168 of 1994 before the Administrative Trib......f retirement; that during the pendency of the said Tribunal Case, the present appellant Md. Badsha Miah of Sonali Bank submitted representation to the Hon'ble President of the People's Republic of Bangladesh on 20-8-1996 for his reinstatement in service whereupon a notification was issued on 15-......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. ......Administrative Tribunal Case No. 168 of 1994 before the Administrative Tribunal, Dhaka challenging his order of retirement; that during the pendency of the said Tribunal Case, the present appellant Md. Badsha Miah of Sonali Bank submitted representation to the Hon'ble President of the People's R..

Category: Administrative Law | Date: | Hits: 103

Bangladesh Vs. AKM Enayetullah, 2006, 35 CLC (AD)

....ion No. 4134 of 2002). Judgment:                  Syed JR Mudassir Husain CJ.-This appeal, filed by the Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Establ...... Ed. ......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. ......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. ..

Category: Employment/Service Law | Date: | Hits: 69

Abdul Mazid Khan (Md) Advocate Vs. State and another, 2006, 35 CLC (AD)

....irst Information Report with Habigonj Police Station on 28-1-2005 stating, inter alia, that on 27-1-2005 he along with other leaders of Awami League attended a meeting in the field of Boiddar Bazar Government Primary School which was attended by Mr Shah ASM Kibria MP and a former Minister as Chi......plying grenades, which according to all of us, are not available outside Cantonment or if there is evidence that the grenades may be supplied from some other place even from outside the border of Bangladesh at the place of occurrence by some persons, in that case the trial judge is not powerle......g the needful in accordance with law, who is directed to inform this Court through the Registrar of the Supreme Court as to the action taken in the matter within 3 months from date. Ed. ......nbsp;      March 21st, 2006  Lawyers Involved: Kamal Hossain, Senior Advocate, (Mahbubey Alam, Senior Advocate with him) instructed by Chowdhury Md. Zahangir, Advocate-on-Record— For the Petitioner. Abdur Razaque Khan, Additional A..

Category: Criminal Law | Date: | Hits: 43

Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)

....6 DLR (AD) 19; Sharfat Ali vs Union of India AIR 1974 SC 1631; CB Boarding and Lodging vs Mysore AIR 1970 SC 2042; Kashabananda Bharati vs State of Kerala AIR 1973 SC 1461; Anwar Hossain Chowdhury vs Government of Bangladesh and ors 41 DLR (AD) 165; Madras vs Chamapakan Dorairagan AIR 1951 SC 226; U...... Mudassir Husain CJ Md Ruhul Amin J Md Fazlul Karim J MM Ruhul Amin J Md Tafazzul Islam J Amirul K Chowdhury J Farida Akhter and others.........................Petitioners Vs. Bangladesh represen­ted by the Secretary, Cabinet Division & others .........Respondents Jud......Syed JR Mudassir Husain CJ Md Ruhul Amin J Md Fazlul Karim J MM Ruhul Amin J Md Tafazzul Islam J Amirul K Chowdhury J Farida Akhter and others.........................Petitioners Vs. Bangladesh represen­ted by the Secretary, Cabinet Division & others .........Respondents......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

State Vs. Muhibur Rahman Manik and another, 2006, 35 CLC (AD)

....hich, however, after investigation ended in final report. That Chatak Police Station Case No. 11 dated 26-3-1999 was sent to Special Tribunal, Sunamganj for trial and while the case was preceding the Government by notification under section 6 of Druto Bichar Tribunal Ain, 2000 transferred the case t......e set aside. In view of the discussion made above, the appeal is allowed. The impugned order of the High Court Division is set aside. Ed. This Case is also Reported in:11 MLR (AD) 2006, 203. ...... (Criminal) Present: Syed JR Mudassir Husain CJ MM Ruhul Amin J Amirul K Chowdhury J   State………………………………………………………...Appellant Vs. Muhibur Rahman Manik and another………… Respondents Judgment March 28, 2006. Re......guilty of the offence……………………………(13) Lawyers Involved:  Abdur Razaque Khan, Additional Attorney-General (Golam Kibria, Deputy Attorney-General with him) instructed by Md. Ahsanullah Patwary, Advocate-on-Record—For the Appellant. Abdul Baset Majumder, Senior Advo..

Category: Criminal Law | Date: | Hits: 184

Capt. (Retd.) B. Akram Ahmed Khan Vs. BD Oil, Gas & Mineral Resources Corpn. & or, 2006, 35 CLC (AD)

....s Referred To- Mosharraf Hossain Chowdhury vs General Manager, Titas Gas Transmission and Distribution Co Ltd and another 1981 BLD (AD) 61 = 33 DLR (AD) 186; Bangladesh Biman Corporation vs Government of Bangladesh and others, 2000 BLD (AD) 230 = 5 BLC (AD) 169. Lawyers Involved: ......ivil) Present: Md. Ruhul Amin J Abu Sayeed Ahmed J MM Ruhul Amin J Capt. (Retd) B Akram Ahmed Khan Chowdhury ...........Appellant   Vs. Bangladesh Oil, Gas and Mineral Resources Corporation & other...........Respondents Judg......n (Civil) Present: Md. Ruhul Amin J Abu Sayeed Ahmed J MM Ruhul Amin J Capt. (Retd) B Akram Ahmed Khan Chowdhury ...........Appellant   Vs. Bangladesh Oil, Gas and Mineral Resources Corporation & other...........Respondents ......n No. 400 of 2003 is dismissed. Ed. This Case is also Reported in:  28 BLD (AD) 2008, 126. ..

Category: Employment/Service Law | Date: | Hits: 109

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

....l No. 55 of 2006 Mr. M A Jalil MP moved the High Court Division for almost, similar reliefs adding thereto some other prayers challenging appointment of Upazilla Election Officers appointed by the Government through Public Service Commission, etc. 34. The aforesaid writ petitions were ta......ls] Vs. Alhaj Advocate Md. Rahmat Ali, MP and others.........Respondents [In CA No. 54 of 2006] Judgment May 23, 2006. Cases Referred To- Anwar Hossain vs Bangladesh, 1989 BLD (Spl) 1 paragraph 324; ATM Ali Reza Khan vs Election Commission 50 DLR 58 and......hul Amin J MM Ruhul Amin J    Md. Tafazzul Islam J Amirul K Chowdhury J Election Commission......................Appellant [In both the Appeals] Vs. Alhaj Advocate Md. Rahmat Ali, MP and others.........Respondents [In CA No. 54 of 2006]...... ..

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. ......llate Division (Civil) Present: Md Ruhul Amin J   KM Hasan J Md Fazlul Haque J Ashequr Rahman (Md).....................Appellant vs Bangladesh Agricultural Research Institute……………Respondents ...... 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. ...... 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. ..

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

Paper Converting & Packaging Ltd. Vs. Govt. of the People’s Repub of BD and ors, 2006, 35 CLC (AD)

.... KM Hasan CJ Md Fazlul Karim J Md Tafazzul Islam J       Paper Converting & Packaging Ltd.................. Petitioner Vs. Government of the People’s Republic of Bangladesh and others.......Respondents Judgment...... Md Tafazzul Islam J       Paper Converting & Packaging Ltd.................. Petitioner Vs. Government of the People’s Republic of Bangladesh and others.......Respondents Judgment January 4th, 2004. Lawyers Inv......esent: KM Hasan CJ Md Fazlul Karim J Md Tafazzul Islam J       Paper Converting & Packaging Ltd.................. Petitioner Vs. Government of the People’s Republic of Bangladesh and others.......Respondents ...... been accrued to the plaintiff-petitioner in respect of the same for any declaration or any permanent injunction as sought for in the instant suit. The petition is dismissed. Ed. ..

Category: Procedural Law | Date: | Hits: 93

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

....l) Present: Badrul Haider Chowdhury J Shahabuddin Ah­med J M.H. Rahman J A.T.M. Afzal J Anwar Hossain Chowdhury.................Appellant (In Civil Appeal No. 42 of 1988) Vs. Government of the People's Republic of Bangladesh, represented by the Secre­tary, Ministry of Law a......ry J Shahabuddin Ah­med J M.H. Rahman J A.T.M. Afzal J Anwar Hossain Chowdhury.................Appellant (In Civil Appeal No. 42 of 1988) Vs. Government of the People's Republic of Bangladesh, represented by the Secre­tary, Ministry of Law and Justice, Bangladesh Secre­tariat,Ra...... (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ah­med J M.H. Rahman J A.T.M. Afzal J Anwar Hossain Chowdhury.................Appellant (In Civil Appeal No. 42 of 1988) Vs. Government of the People's Republic of Bangladesh, represented by the Secre­tary, Ministry o......1 Federation of Pak vs. Tamijuddin Khan; 7 DLR (FC); 9 DLR (SC) 177, 178; 18 DLR (SC) 69; 32 DLR (AD) 233 Bangladesh vs. Hazi Abdul Gani; 17 DLR (SC) 384 Shamsuddin vs. Capt.Gauhar 1 Ayub; 35 DLR 362 Md. Mustafa Mandal Vs. State; 41 DLR 395 Nurul Huda vs. Baharuddin; 26 DLR (SC) 17; 34 DLR (AD) 110 ..

Category: Constitutional Law | Date: | Hits: 1934

Bangladesh House Build­ing Finance Corporation Vs. Abdul Mannan, 1989, 18 CLC (AD)

....years by monthly instalments. Then the Corporation by letter dated 26.2.81 informed the respondents that the rate of interest had been en­hanced from 5% to 7-1/2% per annum as per direc­tion of the Government of Bangladesh vide its order dated 20.1.81 (Gazette Notification dated 29.1.1981). 4. ......is Case is also Reported in: 41 DLR (AD) (1989) 143. ...... Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rah­man J ATM Afzal J Bangladesh House Build­ing Finance Corporation....................Appellant Vs. Abdul Mannan, Advocate and others……...............................Respondents Judgment......here. There is no scope for advancing any argument on supposed notions. In the result, therefore, this appeal is allowed with cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 143. ..

Category: Property Law | Date: | Hits: 41

Syed Nizamuddin Mohsin Vs. People's Republic of Ban­gladesh, 1989, 18 CLC (AD)

....again went under water in 1362-63 B.S. only to reappear again in 1374 B.S. since when the plaintiff claims to be in possession. The Suit land was, however, recorded in S.A. Khatian in the name of the Government and rent was not accepted from the plaintiff whereupon the suit was filed. 3. The gove......eration is whether the plain­tiff-appellant was non-suited upon a correct view of section 86 of the State Acquisition and Tenancy Act, 1950 (hereinafter referred to as the Act) as substituted by the Bangladesh State Acquisition and Tenancy (Fourth Amendment) Order, 1972 (President's Order No. 135 o......ellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J A.T.M. Afzal J Syed Nizamuddin Mohsin being dead his heirs Setara Begum & Others.........Appellant Vs. People's Republic of Ban­gladesh........Respondents Judgment December 1, 1988. The ......answer to the question raised in this case is in the affirmative. The appeal is, accordingly, dis­missed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 141 ..

Category: Property Law | Date: | Hits: 42

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

....the case of all the Assist­ant Engineers of D.I.T. who were eligible for pro­motion under the said Rules along with that of the appellant was placed before a selection board duly constituted by the Government for consideration and selection for promotion lo the post of Executive En­gineer. The se......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......ent: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Mozibur Rahman............................................................................ Appellant Vs. The Chairman, Dhaka Improvement Trust, D.I.T. Building, Dhaka & others.......Respondents J......(Sk. Afzalur Rahman, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Record— For the Ap­pellant. Ziaur Rahman Khan, Advocate (appeared with leave of the court) instructed by Md. Aftab Hossain, Advocate-on-Record— For the Respondent No.1. Respondent No. 2 — Ex-parte. ..

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

ADC, Revenue and Assis. Custodian Vested Property, Chandpur Vs. Tafurnessa, 1989, 18 CLC (AD)

....aying the appeal has become of mere aca­demic interest. In the result, therefore, this appeal is dismissed without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 124......dgment December 11, 1988. The Code of Civil Procedure, 1908 (V of 1908), Order XLI, rule 23 Registration having been made in 1975 it will be resumed that the vendor was physically present in Bangladesh at that time. It will also be presumed that the registration was done under section 60 of......aider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Additional Deputy Com­missioner, Revenue and Assistant Custodian Vested Property, Chandpur.................... Appellant Vs. Tafurnessa wife of Ali Ah­med Mia and others..............................Respondents Jud...... Moksudur Rahman, Senior Advocate, instructed by B. Hossain, Advocate-on-Record—For the Appellant. Khondker Mahbubuddin Ahmed, Senior Advo­cate (Mahbubey Alam, Advocate with him) instructed by Md. Sajjadul Huq, Advocate-on-Record—For the Respondent No. 1. Ex-parte— For the Respondent N..

Category: Property Law | Date: | Hits: 56

Abdul Mannan Bhuiyan & Others Vs. Monirul Huq and others, 1989, 18 CLC (AD)

....€¦â€¦â€¦Re­spondents (In Civil Appeal No. 1 of 1989). And Monirul Huq and others.............................. Respondents(In C.P. No. 310 of 1988) Judgment Februarys, 1989. The Local Government (Upazila Parishad and Upazila Administration Reorganisation) Ordinance, 1982 (59 of 1982)...... Present: Badrul Haider Chowdhury J Shahabuddin Ah­med J M.H. Rahman J A.T.M. Afzal J Abdul Mannan Bhuiyan & Others……….Appellants (In Civil Ap­peal No. 1 of 1989.) And Bangladesh and others…..................... Petitioners (In C.P. No. 310 of 1988) Vs Monirul......sed validly and legally because the composition of the Upazila Parishad meeting was not in accordance with law. ………………………(24 & 33) Cases Referred To- Namdeorao Madhavroa Thakre Vs. Dulaji Sitaram Patil 70 Bombay 843 Sukhdeo vs. Arrah Municipality A.I.R. 1956 Pat. 367 Shyampada......ishad was filled up when Abdul Hamid Bhuiyan was elected as Acting Chairman of the said Union Parishad. This Acting Chairman Ab­dul Hamid Bhuiyan was soon replaced by another acting Chairman namely, Md. Idris on 2.7.86. Then Mr. Abdul Mazid Master the elected Chairman of Gallai (north) Union Parish..

Category: Election Law | Date: | Hits: 128

S.M. Shahjahan Ali Tara Vs. State, 1989, 18 CLC (AD)

....al court after rejecting the prayer for time held the trial in absentia. It is submitted that the Court erred in not allowing withdrawal of the case against the appellant, a freedom fighter, when the Government directed that the case against the accused Contractor Firozur Rahman and the appellant be...... 1987. The appellant will remain on the same bail till disposal of Criminal Appeal No. 430 of 1987 pending in the High Court Division, Dhaka. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 112...... in: 41 DLR (AD) (1989) 112......ay continue on ad-interim bail granted by this division till disposal of criminal appeal pending before the High Court Division. Lawyers Involved: Habibul Islam Bhuiyan, Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record—For the Appellant. M.R. Khan, Advocate-on-Record—For th..

Category: Criminal Law | Date: | Hits: 53