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Government of Bangladesh Vs. Md. Anwarul Islam, 2002, 31 CLC (AD)
.... benefits upon setting aside the order of compulsory retirement. The Administrative Tribunal however observed that the competent authority will be at liberty to proceed against the respondent afresh on the same allegation if they so desire and the appellant will continue to remain in suspen...... the opportunity of defense. Then by order dated 17.11.1984 he was compulsorily retired from service. Then the respondent preferred appeal which was rejected on 7.3.1985. Then again revisional application was filed on 30.3.1985 which was also rejected on 16.1.1991 and thereafter the aforesai..Category: Administrative Law | Date: | Hits: 103
Tariqul Islam Vs. State, 2002, 31 CLC (AD)
....gally sustained. For the above reasons, we fined substances in both the appeals and accordingly both the appeals are allowed. Ed. This Case is also Reported in: 1 ADC (2004) 351. ......ected against the judgment and order dated 14th August, 2000 passed by a Division Bench of the High Court Division in Criminal Revision No.791 of 2000 summarily rejecting the appellants revisional application filed against the order dated 19.7.2000 passed by the Additional Sessions Judge, Court ..Category: Criminal Law | Date: | Hits: 47
Government of Bangladesh Vs. Md. Akhteruzzaman, 2002, 31 CLC (AD)
....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. ......llegal and without jurisdiction, he further submits that under sub-section (2) of Section 6 of the Bangladesh Public Savants (Special) Provisions Ordinance, 1979 there being provision for filing an application for review to the appointing authority before filing the case to the Administrative ..Category: Employment/Service Law | Date: | Hits: 62
Khursheda Jahan Vs. Syada Shafinaz Jahan and others, 2002, 31 CLC (AD)
....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. ......pellant got the Kabala executed and registered through court in execution of ex parte decree against the defendants including the pre emptor respondents. 5. Her further case is that the application for pre-emption is not maintainable and the pre-emptor respondents are not entitled to f..Category: Property Law | Date: | Hits: 28
Md. Shah Alam Vs. Md. Islam and others, 2004, 33 CLC (AD)
....ity in the decision of the High Court Division. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 294. ......gainst late Fatema Khatoon and the appellant, the respondent No.1 cannot be taken to have been in a position of active confidence of late Fatema Khatun; Section 111 of the Evidence Act has no application in the present case and the burden was on the plaintiff, late Fatema Khatun, to prove t..Category: Procedural Law | Date: | Hits: 87
Md. Saiful Islam and another Vs. Sheikh Hasanul Huq and others, 2004, 33 CLC (AD)
....e date of their appointments and no one having been appointed after the date of their appointments can be senior to them the respondent No. 1 having resigned from his service he, after taking fresh employment in BPDB after eight years, cannot be made senior to the appellants the respondent ......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. ..Category: Employment/Service Law | Date: | Hits: 82
Nizam Uddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 2004, 33 CLC (AD)
....ustainable. In this view of the matter we do not find substance in this appeals and the appeal is accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 273. .......04.2001 and the learned chief Metropolitan Magistrate took cognizance and the accused appeared before the court and was released on bail and thus the proceeding being started the accused filed an application under Section 241A of the Code of Criminal Procedure praying to discharge him but ..Category: Business or Commercial Law | Date: | Hits: 138
Dr. M.A. Mazed and others Vs. Bangladesh, represented by the Solicitor, 2003, 32 CLC (AD)
....al. In the background of the discussions made hereinbefore we find no merit in this appeal. Accordingly the appeal is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 261. ......d thereupon if government files an appeal either before the High Court Division or Court of Session the 'special limitation' as has been provided by Section 417 (3) of Cr.P.C. shall have no manner of application. If an appeal against an order of acquittal is filed by the Government either before the..Category: Criminal Law | Date: | Hits: 109
Saleha Begum and others Vs. Nisar Uddin and others, 2007, 36 CLC (AD)
.... are accordingly exempted from payment of the said cost. With the above observation this petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 342. ......46 of 1985 in the Court of the learned Assistant Judge, Lohagora, Narail and the suit was decreed ex parte on 26.02.1995. The respondent Nos.1 and 2 being the defendants in the suit filed an application under Order 9 Rule 13 of the Code of Civil Procedure for setting aside the ex-parte dec..Category: Property Law | Date: | Hits: 25
Aminul Islam Chowdhury and others Vs. Abdul Hamid and others, 2003, 32 CLC (AD)
.... case is remanded back to the High Court Division for hearing the rule and for disposal of the same in accordance with law. Ed. This Case is also Reported in: 1 ADC (2004) 217. ......"The only point to be decided as to whether the lower appellate Court was properly and legally reversed the findings of the trial Court. I have heard the learned Advocate of both sides, perused the application and the records of the case. It appears that the trial Court upon framing 6 (six) issues..Category: Procedural Law | Date: | Hits: 76
Md. Azizul Huq Vs. Sree Purna Chandra Das, 2001, 30 CLC (AD)
....nterference. Such type of judgment is not expected from the learned Judges of the High Court Division and as such we are inclined to send the case back to that Division for hearing the appeal afresh on merit. The appeal is accordingly allowed. There is no order as to costs. Ed.......at the impugned judgment is bad on the face of it in that whereas the trial court judgment runs into 50 pages the judgment passed in appeal in not more than 7 pages which shows complete lack of application of mind to the evidence on record. Mr. Ahmed submits that the High Court Division deci..Category: Property Law | Date: | Hits: 32
Aminul Islam Vs. Mr. Tawhid Ahmed Siddique and others, 2004, 33 CLC (AD)
.... 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. ...... the petition for leave to appeal filed by the appellant maintained the aforesaid findings of the High Court Division. 4. The appellant sought review of the order July 13, 1999 rejecting his application for leave to appeal. Leave was granted to consider the submissions that th..Category: Employment/Service Law | Date: | Hits: 72
Narayan Chandra Sarker Vs. Abdur Rahman, 2001, 30 CLC (AD)
.... prayed for. In view of the aforesaid submission the appeal is, accordingly disposed of without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 197. ......gh Court Division in C.R. No. 2092 of 1992) Judgment Mahmudul Amin Choudhury CJ.- This application is taken up for hearing to day but the Respondent filed an application praying for ret..Category: Procedural Law | Date: | Hits: 95
Sultan Ahmed Talukder and anr Vs. Registrar of Trade Union, Dhaka Division & ors, 2004, 33 CLC (AD)
....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. ......ed a list of office bearers of the central Executive Committee of the Union to respondent No.1 on 27.12.1999. The appellant on getting information about such fictitious committee filed an application before the respondent No.1 that no election was held and the committee as submitte..Category: Labour and Industrial Law | Date: | Hits: 100
Chairman and another Vs. Md. Sakhawat Hossain and others, 2004, 33 CLC (AD)
....ch leave was obtained by the appellants is of no merit. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: 1 ADC (2004) 192. ......ch 27, 1997 from the service under Rule 46 (2) of the Thakurgaon Palli Biddyut Samity Service Rule. The Respondent No. 1 on being acquitted by the judgment of the High Court Division filed application on February 12, 1998 for setting aside the order of dismissal and to restore into his ..Category: Employment/Service Law | Date: | Hits: 83
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. ......the said order of removal the respondent ought to have been elevated to the position he would have occupied had he not been removed from service. The Rule of extra-ordinary leave has no manner of application in his case. During the period of his removal he was not engaged in any remunerative emp..Category: Administrative Law | Date: | Hits: 138
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. ......l, 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 not in affirming the order of rejection of application for amendment of the plaint filed under Order 6 Rule 17 of the Code of Civil Procedure ..Category: Property Law | Date: | Hits: 23
Shamsu Miah and others Vs. Government of Bangladesh, 2002, 31 CLC (AD)
....rately. Upon hearing the parties to the appeals and perusing the judgment of the High Court Division as well as other materials on record we are of the views that the writ petitions need be heard afresh by the High Court Division upon affording opportunity to the writ petitioners to controvert t...... 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)
.... 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. ......e wrote to the appellate-authority on 26 June, 1995 seeking information as to the fate of his appeal and there upon the authority informed the appellant on 21 March, 1996 that his review application has been dismissed. 3. Thereupon the appellant moved the High Court Division in ..Category: Employment/Service Law | Date: | Hits: 69
Raushan Akhter @ Moharaji Bibi and others Vs. Khandakar Mosharraf Hossian & Ors, 2004, 33 CLC (AD)
....appellants for the ground on which the leave was granted this appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 100. ......rred with the finding as to limitation but illegally relied upon the statement of the learned Advocate in Court at the time of argument together with the fact that the respondent No.1 had filed an application under order 59 rule 1 and 2 of the code of the Civil Procedure against the appellant no..Category: Property Law | Date: | Hits: 30
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