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Md. Sarwar Vs. Bangladesh, 2005, 34 CLC (AD)
....tive Tribunal, It is not the case that the respondent applicants are not qualified for promotion. 7. Since the writ petitioners and the applicant respondents are admittedly in the service of Republic and the issue involved in the writ petition i. e. impugned or order of promotion, which re...... the opinion that the High Court Division took a correct view and as such the impugned judgment does not call for any interference. The leave petition is, therefore, dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 80
Bangladesh Vs. Mst. Saleha Khatun and others, 2006, 35 CLC (AD)
....ordingly the appeal is allowed with costs at all stages. Ed. ...... Evidence Act is not available to the same. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. ..Category: Property Law | Date: | Hits: 42
Bangladesh Shipping Corporation & others Vs. Mohammad Hossain & others, 2006, 35 CLC (AD)
.... committed error of law in making the Rule absolute and as such judgment of High Court Division requires interference. The appeal is accordingly allowed without any order as to cost. Ed. ...... Vs Mohammad Hossain & others ..............................Respondents Judgment July 18, 2006 Case Referred to- Muhammad Aboo Abdullah Vs. Province of East Pakistan and the Chief Secretary, Government of Pakistan, PLD 1960 (SC) 164. Lawyers Involved..Category: Employment/Service Law | Date: | Hits: 91
Serjuddowla Sowdagor Vs. Administrator of Waqf & others, 2004, 33 CLC (AD)
....e order of the respondent No.1 dated 22.07.1999 gave rise to a fresh cause of action and the order being an order passed by a person performing functions in connection with the affairs of the Republic, the aggrieved person could seek remedy as against the said order under Article 102 of the......cordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ..Category: Trust/Waqf Law | Date: | Hits: 190
Government of Bangladesh Vs. Md.Golam Rahaman Mallick, 1994, 23 CLC (AD)
....ision or action which can be set aside, varied or modified by a higher Administrative authority under any law for the time being in force relating to the terms and conditions of the service of the Republic or of any statutory public authority or the discipline of that service can be made to the ......trative Tribunal is not maintainable as no review was filed as per Rule 23 of the Rules in this case. Hence, on this ground alone I allow the appeal as the case was not maintainable. Ed. ..Category: Criminal Law | Date: | Hits: 33
Harun-or-Rashid (Md.) Vs. Pubali Bank Ltd. and others, 2008, 37 CLC (AD)
....ant Vs. Pubali Bank Ltd. and others ................Respondents Judgment August 1, 2007. The Constitution of the People’s Republic of Bangladesh, 1972, Article 102 The Artha Rin Adalat Ain, 1990, Sections 6(......accordingly, set aside. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 18. ..Category: Banking Law | Date: | Hits: 157
Abdul Awal and others Vs. Narayan Chandra Das, 2008, 37 CLC (AD)
.... Mohammad Fazlul Karim J.- This application under Article 103 of the Constitution of the People's Republic of Bangladesh seeking Leave to Appeal is directed against the judgment and order dated 17.......of justice. 10. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 28
Md. Imdad Hossain and others Vs. Bangladesh, 2008, 37 CLC (AD)
....fazzul Islam J Md. Hassan Ameen J Mr. Md. Imdad Hossain and others ................Petitioners (In both the cases) Vs. Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Posts and Telecommunications......t no error was committed by the AAT in allowing the appeals and thereby in setting aside the judgment and order of the AT. Accordingly the petitions are dismissed. Ed. ..Category: Administrative Law | Date: | Hits: 125
Noor-e-Alam Jahangir (Md), English Teacher, Rifles Pub School & College Vs. BD, 2008, 37 CLC (AD)
....he impugned order has not been passed by any statutory body or local authority and further, admittedly the Principal of the above Rifles Public School and College is also not in the service of the Republic and accordingly, the writ petition is not maintainable. 3. The petitioner b......or apparent on the face of the judgment sought to be reviewed. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 12. ..Category: Employment/Service Law | Date: | Hits: 68
Rabeya Khatoon Vs. Bangladesh, 2008, 37 CLC (AD)
....titioner Vs. Bangladesh, represented by the Deputy Commissioner and others......Respondents Judgment January 24, 2007. The Constitution of the People’s Republic of Bangladesh, 1972, Article 42 The East Pakistan Ordinance, 1970 (XXIV of 1970), ......e Deputy Commissioner and others......Respondents Judgment January 24, 2007. The Constitution of the People’s Republic of Bangladesh, 1972, Article 42 The East Pakistan Ordinance, 1970 (XXIV of 1970), Section 5 When the Government in exercise of power..Category: Property Law | Date: | Hits: 37
Asaduzzaman (Md) Vs. Bangladesh, 1990, 19 CLC (AD)
....lved except by law made for the purpose (Article 24). All rules made under Article 23(2) shall be published in the official Gazette and shall come into force on such publication. The President of the Republic is the President of the Society. He appoints the Chairman and the Treasurer of the Society ......No. 26 of 1973, validly passed by the legislature…………………………(42) Cases Referred to: State of Madras Vs. V.G. Row, AIR 1952(SC) 196; Abul-A'la Maudoodi Vs. Government of West Pakistan, PLD 1964 (SC) 673; Damyanti V. Union of India AIR 1971 (SC) 966; Bidhu Bhusan Bagchi and a..Category: Constitutional Law | Date: | Hits: 170
Dr. Syed Matiur Rob Vs. Bangladesh and Others, 1989, 18 CLC (AD)
....ssioner, Jessore, PLD 1968 Dhaka 367; Tanbir Ahmed Siddiky Vs. Province of East Pakistan, PLD 1968 (SC) 185; Presiding Officer Vs. Sadruddin Ansari, PLD 1967 (SC) 569; Basanka Lal Banik Vs. Islamic Republic of Pakistan, 1969 SCMR 283; Daryao and others Vs. State of U P and others AIR 1961 (SC) 145......mstance leading to such declaration……………..(16) Cases Referred to- Abdur Rahman Khan Vs. Deputy Commissioner, Jessore, PLD 1968 Dhaka 367; Tanbir Ahmed Siddiky Vs. Province of East Pakistan, PLD 1968 (SC) 185; Presiding Officer Vs. Sadruddin Ansari, PLD 1967 (SC) 569; Basanka Lal ..Category: Property Law | Date: | Hits: 32
Sonar Bangla Service Station Vs. Government of the People's Republic of BD, 2006, 35 CLC (AD)
....e Court Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Sonar Bangla Service Station…………………...Petitioner Vs. Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Works, Bangladesh Secretariat, Dha......nistry of Works, Bangladesh Secretariat, Dhaka and others............... Respondents Judgment May 9, 2006. Cases Referred To- Ata Ullah Malik vs. The Custodian of Evacuee Property, West Pakistan Karachi and others, 16 DLR (SC) 298; Lyallpur vs. Ch. Faqir Muhammad, 10 DLR (SC) 168; An..Category: Limitation Law | Date: | Hits: 205
Md. Sadequr Rahman Vs. Munawar Jute Mills Ltd. and others, 2006, 35 CLC (AD)
.... by the Audit Department they asked the petitioner to pay back Tk.90.300.50/- said to have been overpaid to him. The High Court Division held that the petitioner was a person in the service of the Republic and that consequently his remedy lay before the Administrative Tribunal and according......d legal basis and as such not sustainable in law. The direction for refund is not legally sustainable. 14. The appeal is thus allowed without any order as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 84
Md. Jahangir Alam (Selim) Vs. Md. Hebjul Bari and others, 2006, 35 CLC (AD)
..................; (c)..............................; (d)...............................; (e) he holds any full time office of profit in the service of the Republic or of the Union Parishad or of any other local authority; or (f) he is......without any order as to cost. The impugned judgment and order dated 13-04-2003 passed in Writ Petition No. 536 of 2003 are hereby set aside and the rule so issued is hereby recalled. Ed. ..Category: Election Law | Date: | Hits: 108
Government of the Peoples Republic of Bangladesh Vs. Sree Subas Chandra Sarker , 2006, 35 CLC (AD)
....der of costs. Ed. ......llate Court. In the background of the discussions made herein before we find merit in the appeal. Accordingly the appeal is allowed. There is no order of costs. Ed. ..Category: Property Law | Date: | Hits: 43
Government of the People's Republic of Bangladesh Vs. Md. Wazed Ali and others, 2006, 35 CLC (AD)
....rder as to costs. Ed. ......er alluvion. In the light of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 27
Government of Bangladesh Vs. Israt Jahan Kazal, 2006, 35 CLC (AD)
....ivision (Civil) Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J The Government of Bangladesh, represented by the Secretary, Ministry of Republic Works and Urban Development……………………......ur above discussions, we are of the view that the judgment of the High Court Division requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 34
Bangladesh Krishi Bank Vs. A.F.M. Farid Uddin and others, 2006, 35 CLC (AD)
....he impugned order of compulsory retirement of the Respondent No.1 and as such the same requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ......ty General Manager in the appellant-Bank which was established under the Bangladesh Krishi Bank Order 1973 (President's Order No. XXVII of 1973). The respondent entered into the service of the then Pakistan Agricultural Development Bank in 1959 as a Class II Officer. Following a departmental pro..Category: Administrative Law | Date: | Hits: 90
Ali Asgar Khan Vs. Md. Anwarul Islam, 2006, 35 CLC (AD)
....tions complained of in the suit are on the face of the plaint itself in respect of two employees of the High Court Division of the Supreme Court of Bangladesh who were persons in the service of the Republic and as such from the statements of the plaint itself the suit is bared by Article 117 of t...... suit from the trial court and transferring the same to its own file for trial and disposal and this requires interference by us. The appeal is allowed without any order as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 76