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Abdul Samad Khan Vs. Sree Dulal Chandra Ghose and Another, 2005, 34 CLC (AD)
.... the High Court Division in First Miscellaneous Appeal No. 613 of 1991 is set aside. There is no order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 78. ......he summons of Title Execution Case No. 30 of 1983 on 12.12.1983 and the High Court Division also erroneously ignoring this factum of knowledge of the original defendant and relying solely upon the service of summons of the original suit and on other irrelevant considerations allowed the appeal w..Category: Civil Law | Date: | Hits: 71
Abdul Khaleque Vs. Abdul Noor and others, 2005, 34 CLC (AD)
....rit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 75; 26 BLD (AD) 2006, 63. ...... for non-agricultural purpose. It is also not disputed that the land sought to be preempted is outside the Municipal area. The contention that the pre-emptor is a Mason and the pre-emptee is a service holder and not directly engaged in cultivation and as such the homestead of the parties is ..Category: Property Law | Date: | Hits: 30
Government of Bangladesh and another Vs. Mrs. Rawshan Ara Begum and another, 2005, 34 CLC (AD)
....mant of the property to rebut the said presumption, but the High Court Division wrongly shifted the onus on the Government in disregard of the provision in section 5(2) of the Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 (Ordinance No. LIV of 1985),that whereabouts of the origi......d without serving any notice as required by the provision of Article 7 of P.O.16 of 1972 and section 5(1) of the Ordinance No.54 of 1985. It may be mentioned the Respondent No.1 had no case of non-service of notice in listing the property in the list of abandoned buildings either before the Cour..Category: Property Law | Date: | Hits: 29
Bangladesh Muktijoddha Kalyan Trust and another Vs. Md. Arshad Ali and others, 2007, 36 CLC (AD)
....ound of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 58. .......7981 of 2002 making the Rule absolute and thereupon declaring the removal of the writ petitioner, herein respondent No.1, not legal and also making direction to instate the writ petitioner in the service. 2. The writ petition was filed impugning the order of removal dated July 24, 2002 a..Category: Employment/Service Law | Date: | Hits: 408
Janata Bank and another Vs. Sheikh Shamsur Rahman and others, 2008, 37 CLC (AD)
....ound of the discussion made hereinbefore we do not find merit in the petition. Accordingly, petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 58. ...... appealed upheld the judgment of the Administrative Tribunal in the case mentioned above. 3. It was the case of the petitioner before the Administrative Tribunal (A.T.) that he joined in the service of the then United Bank (later on Janata Bank) on February 16, 1966, that he was serving a..Category: Administrative Law | Date: | Hits: 96
Bangladesh Water Development Board and others Vs. Md. Quamruzzaman, 2008, 37 CLC (AD)
....e is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 6. ......e is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 6. ..Category: Employment/Service Law | Date: | Hits: 122
Moulana Md. Sibgatullah Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (AD)
....sion upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 108. ......Nirbahi Officer, Faridganj, the Chairman of the Governing Body of the Madrasha and requested him to give necessary directives to respondent No.9. Ultimately, the writ petitioner was dismissed from service and referred the same to the Appeal and Arbitration Committee of the Bangladesh Madrasha Ed..Category: Employment/Service Law | Date: | Hits: 77
Major (Rtd) Quazi Hasna Hena Begum Vs. Lt. Col. Kazi Mansurul Islam and others, 2008, 37 CLC (AD)
....l of waiver and acquiescence as well. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 29, 62 DLR (AD) (2010) 255. ...... petitioner's wife, as per clause 6 of the prospective of defence officer’s housing project, was not entitled to apply for joint allotment of any plot as she had not completed 18 years commission service in the Army and she was also owner of a government residential plot at Chittagong. She was..Category: Property Law | Date: | Hits: 74
Dulal Mridha Vs. State, 2008, 37 CLC (AD)
....; 43 DLR (AD) 234; Delhi Judicial Service Ass., Delhi vs. State of Gujrat, AIR 1991 SC 2176; Union Carbide Corpn. Vs. Union of India, AIR 1992 Sc 248; Mohammed Anis Vs. Union of India and others 1994 Supplementary (1) Supreme Court Cases 145; M/S. Gannysons Ltd. and another Vs. Sonali Bank and other......nt for life. The condemned prisoner be placed with the convicts who are undergoing sentence of imprisonment for life. Ed. This Case is also Reported in: V ADC (2008) 1001. ..Category: Criminal Law | Date: | Hits: 62
Eastern Tubes Limited Vs. Md. Abul Kalam Azad and others, 2007, 36 CLC (AD)
.... at a correct decision. We therefore find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 991. ......nt No.1 showed cause and appeared before the said Committee. But the said Committee without having any regard to the cause shown illegally recommended for dismissal of the respondent No.1 from service and following such recommendation the petitioner dismissed the respondent No.1 from se..Category: Employment/Service Law | Date: | Hits: 81
Director & Secretary, Ministry of Establishment & ors Vs. Md. Hossain & ors., 2006, 35 CLC (AD)
.... find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 62; 26 BLD (AD) 2006, 241. ......ction 8 and 12 of the Ordinance it is seen that the benefits against benevolent fund and group insurance in respect of the employees would be available to those are in employment in the government service and in the service of the Autonomous Bodies respectively. In Section 12 of the Ordinance it..Category: Employment/Service Law | Date: | Hits: 82
Md. Alam Vs. Commissioner of Customs & others, 2007, 36 CLC (AD)
....e above, we find no substances in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 917. ......e above, we find no substances in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 917. ..Category: Fiscal/Taxation Law | Date: | Hits: 65
Anti-Corruption Commission and others Vs. Mahmud Hossain and others, 2008, 37 CLC (AD)
.... brother Mohammad Fazlul Karim J. Order of the Court The appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 17; 29 BLD (AD) 2009, 23. ......ce system but it is also not defined anywhere in our law. This word "abscond" is used as a synonym to the word "fugitive" in section 339B of the Code of Criminal Procedure to mean an accused avoiding service of process or concealing himself to avoid arrest and prosecution. Our Courts have consistent..Category: Anti-Corruption Laws | Date: | Hits: 139
Md. Zakir Hossain and others Vs. Bangladesh, 2007, 36 CLC (AD)
....irmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 858. ......igher" than the rate previously fixed by the Power Development Board but this fixation of the rate for supplying electricity is authorized by law and these are collected from the user for the service rendered and that if is an obligation case by law for supplying electricity and if the peti..Category: Civil Law | Date: | Hits: 119
Md. Farhat Rahman Vs. Roomee Tareque Moudud, 2005, 34 CLC (AD)
....n merit. The custody of the child shall remain with his mother till disposal of the Rule. There is no order as to costs. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 193. ......endant amongst others was that her minor son will never get love, care and affection in the congenial and healthy atmosphere in the house of the plaintiff since the plaintiff is a low paid private service holder and unable to pay for the daily needs of the minor child and as such plaintiffs clai..Category: Family Law | Date: | Hits: 173
Government of Bangladesh and Others Vs. Md. Shamsul Huq, 2006, 35 CLC (AD)
....rganization and Conditions) Act 1975 and have the effect of law. Accordingly the writ petition is maintainable. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 177. ...... different organization may have the same designation but their promotion, salary, scale of pay etc. may not necessarily have to be the same and those are guided by their recruitment rules and the service condition of the employees working in the Secretariat are not applicable to the petitioner ..Category: Employment/Service Law | Date: | Hits: 104
Bangladesh Vs. Mohammad Ali Khondoker, 2007, 36 CLC (AD)
....gent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 161; V ADC (2008) 245. ......ng advantage of the situation, the defendants instituted Title Suit No.575 of 1974 and obtained an ex-parte decree on 15.11.1974 on the basis of some forged and fraudulent documents by suppressing service of summons upon the present plaintiff. The plaintiff came to know about the ex parte decree..Category: Property Law | Date: | Hits: 32
Adamjee Jute Mills Ltd. and others Vs. M.A. Kashem and another, 2005, 34 CLC (AD)
....do not find any substance in the submission of the learned Advocate for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 165. ......r engaged in an agricultural farm, whether ancillary to any industrial unit or not." 4. Section 3 of Act 10 of 1974 provides Government's power to determine terms and condition of service of works of State owned manufacturing industries and in pursuance of the said power under s..Category: Labour and Industrial Law | Date: | Hits: 77
Bangladesh Vs. Sunil Kumar and others, 2005, 34 CLC (AD)
....d of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 142. ...... application filed under Order 9, Rule 13 of the Code of Civil Procedure and stating, inter alia, that the summonses were duly served upon the defendants and the Court being satisfied about the due service of summonses on the defendants decreed the suit ex parte. 4. The trial Court upon he..Category: Property Law | Date: | Hits: 23
Delowar Hossain Mollah and others Vs. Bangladesh, 2003, 32 CLC (AD)
.... from any illegality or infirmity for our interference. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 124. ......d temporarily on ad-hoc basis in the Bangladesh Livestock Service (Junior) as Thana Livestock Officers under notification No. Sec 1-6A/330/1021 dated 1.8.1974 issued by the then Director of livestock services and he joined his service on 7.9.74 and the appellant Nos. 3 and 4 were appointed temporari..Category: Employment/Service Law | Date: | Hits: 133