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Chief Engin, Dredger Direct, BD Water Dev. Board. Vs. Chairman, 2nd Lbour Court, 2006, 35 CLC (AD)
.... to get the scale of Tk. 470-1135. Since the respondent no. 2 was plying B-Type vessel in 3 (three) shifts he was entitled to get the above scale of pay that after examining his service record the Deputy Director (Accounts) Dredger directorate Bangladesh water Development Board, Dhaka (appe......ed to be taken away without issuing a show cause. 17. For all the above reasons, we find no substance in this appeal. Accordingly, it is dismissed without any orders to costs. Ed. ...... by ignoring the fact that the higher pay scale was found to have been obtained by illegal and collusive practice. 7. It has been lastly argued by the appellants that section 21 of the General Clauses A. T. authorizes an authority to make an order and it also authorises power to canc......ed to be taken away without issuing a show cause. 17. For all the above reasons, we find no substance in this appeal. Accordingly, it is dismissed without any orders to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 55
Md. Abdul Jalil Vs. Mosammat Shefali Begum and othÂers, 2006, 35 CLC (AD)
....77. 3. Defendant No.4 Salgaria Muhajir Co-operative Society Ltd. represented by its Secretary Md. Saiful Islam hereinafter referred to as the Society filed a petition before the Additional Deputy Commissioner (Revenue), Pabna on 8.2.1977 alleging that the property measuring 0.70 dec......ingly, the appeal is allowed with costs. The judgment dated 6.1.1997 passed in Civil Revision No. 3254 of 1992 is set aside. Ed. This Case is also Reported in: IV ADC (2007) 715. ......ingly, the appeal is allowed with costs. The judgment dated 6.1.1997 passed in Civil Revision No. 3254 of 1992 is set aside. Ed. This Case is also Reported in: IV ADC (2007) 715. ......ingly, the appeal is allowed with costs. The judgment dated 6.1.1997 passed in Civil Revision No. 3254 of 1992 is set aside. Ed. This Case is also Reported in: IV ADC (2007) 715. ..Category: Property Law | Date: | Hits: 39
Trading Corporation of Bangladesh Vs. Md.Abdul Halim Bhuiyan & others (31), 2006, 35 CLC (AD)
....d by such general or special instructions as may be given to it by the Government from time to time. He further submits that at the relevant time the post of secretary of the TCB was vacant and the Deputy Secretary (Administration) was allowed to hold the current charge of the post of Secretary,......ty in the impugned orders. The High Court Division, therefore, was not justified in making the Rules absolute. All the appeals are allowed without any order as to costs. Ed. ......ty in the impugned orders. The High Court Division, therefore, was not justified in making the Rules absolute. All the appeals are allowed without any order as to costs. Ed. ......ty in the impugned orders. The High Court Division, therefore, was not justified in making the Rules absolute. All the appeals are allowed without any order as to costs. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 80
Mainul Islam Vs. State and others, 2006, 35 CLC (AD)
....e find that the submissions made on behalf of the petitioner do not inspire us to lay our hands. The petitions thus appear to be bereft of substance and hence are dismissed. Ed. ......e find that the submissions made on behalf of the petitioner do not inspire us to lay our hands. The petitions thus appear to be bereft of substance and hence are dismissed. Ed. ......e find that the submissions made on behalf of the petitioner do not inspire us to lay our hands. The petitions thus appear to be bereft of substance and hence are dismissed. Ed. ......34 of the Penal Code. 3. The facts, in short, are that the informant petitioner Mainul Islam on 30.08.1994 lodged a First Information Report with Shirajdikhan Police Station in the District of Munshiganj stating, inter alia, that on 29.08.1994 while Hashimun..Category: Criminal Law | Date: | Hits: 41
Dulal @ Md. Dulal Talukder and another Vs. State, 2006, 35 CLC (AD)
.....Respondents Judgment May 24, 2005 Lawyers Involved: Nizamul Huq, Advocate instructed by Md. Nowab Ali, Advocate-on-Record-For the Petitioners Md. Abdur Rouf, Deputy Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on- Record-For the Respondent.......with as prayed for. Bail granted earlier be further extended till disposal of the appeal. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ...... Judgment May 24, 2005 Lawyers Involved: Nizamul Huq, Advocate instructed by Md. Nowab Ali, Advocate-on-Record-For the Petitioners Md. Abdur Rouf, Deputy Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on- Record-For the Respondent. Criminal......ed under Sections 366/A34 of the Penal Code on the allegation that on 08.12.1992 the entered the house of Muslem Talukdar and kidnapped his adopted daughter Rahima and on his information Sreenagar Police Station Case No. 6 dated 08.12.1995 was started and the police investigated the case and sub..Category: Criminal Law | Date: | Hits: 27
Shahabuddin Vs. State, 2006, 35 CLC (AD)
.... commit any illegality in rejecting the application filed under Section 561A of the code of Criminal procedure. There is no substance in this petition and hence it is dismissed. Ed. ...... commit any illegality in rejecting the application filed under Section 561A of the code of Criminal procedure. There is no substance in this petition and hence it is dismissed. Ed. ...... commit any illegality in rejecting the application filed under Section 561A of the code of Criminal procedure. There is no substance in this petition and hence it is dismissed. Ed. ...... commit any illegality in rejecting the application filed under Section 561A of the code of Criminal procedure. There is no substance in this petition and hence it is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 45
Samar Uddin and another Vs. State, 2006, 35 CLC (AD)
.... Let the accused-petitioner.1 Samar Uddin 2. Asrat alias Asarat Ali, both sons of Modaris Ullah of village Goyghar, PS. and District Moulavibazar be enlarged on bail to the satisfaction of the Deputy Commissioner, Sylhet for a period of 6 (Six) months from date. Ed. ...... Modaris Ullah of village Goyghar, PS. and District Moulavibazar be enlarged on bail to the satisfaction of the Deputy Commissioner, Sylhet for a period of 6 (Six) months from date. Ed. ...... Modaris Ullah of village Goyghar, PS. and District Moulavibazar be enlarged on bail to the satisfaction of the Deputy Commissioner, Sylhet for a period of 6 (Six) months from date. Ed. ...... Modaris Ullah of village Goyghar, PS. and District Moulavibazar be enlarged on bail to the satisfaction of the Deputy Commissioner, Sylhet for a period of 6 (Six) months from date. Ed. ..Category: Criminal Law | Date: | Hits: 84
Farukur Rahman @ Farook and others Vs. State, 2006, 35 CLC (AD)
....nt August 12, 2003. Lawyers Involved: Mujubur Rahman, Senior Advocate, instructed by Md. Nawab AH, Advocate-on- Record-For the Appellants (In all cases) Borhanuddin, Deputy Attorney General instructed by Mrs. Sufia Khatun, Advocate- On-Record -For the Respondent. (......ce to the appellants before us. In the aforesaid premises, we are of the view that the appellants are entitled of get benefit of doubt. As a result, all the appeals are allowed. Ed. ......st 12, 2003. Lawyers Involved: Mujubur Rahman, Senior Advocate, instructed by Md. Nawab AH, Advocate-on- Record-For the Appellants (In all cases) Borhanuddin, Deputy Attorney General instructed by Mrs. Sufia Khatun, Advocate- On-Record -For the Respondent. (In Crl. A. No. 1...... backdrop of availability of good number of doctors; F.C.P.S. M.B.B.S and others including nurses and assistants in Sadar Hospital, Khulna the recording of the dying statement by a Police Office who is no other than the investigating officer of the case for the prosecution ..Category: Criminal Law | Date: | Hits: 25
Md. Golam Murtuza @ Isphil Vs. State, 2006, 35 CLC (AD)
.... Judgment October 20, 2003 Lawyers Involved: Khondoker Mahbub Hossain Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellants M.A. Rouf, Deputy Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Respondent. ......ions Jude is erroneous and can not be sustained in law. In the result, the appeal is allowed and the accused-appellant is set at liberty if not wanted in any other connection. Ed. ...... October 20, 2003 Lawyers Involved: Khondoker Mahbub Hossain Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellants M.A. Rouf, Deputy Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Respondent. Criminal ......ions Jude is erroneous and can not be sustained in law. In the result, the appeal is allowed and the accused-appellant is set at liberty if not wanted in any other connection. Ed. ..Category: Criminal Law | Date: | Hits: 53
Delip Kumar Shaha Vs. State, 2006, 35 CLC (AD)
.... and accordingly dismissed the appeal. Since the High Court Division in its judgment considered all the points as raised, the criminal petition is accordingly dismissed. Ed. ......y a fine of Tk. 500/- (five hundred) each and in default to suffer rigorous imprisonment for one moth more each. 3. The prosecution case, in short, is that the informant Anisur Rahman, A Sub-Inspector of police D.B. Branch, Bogra, along with 2 constables on 5.2.1996 at about 13-35 P. M. w......e sustained. Mr. Nawab Ali lastly submits that this case was heard by the High Court Division without considering that the filing lawyer of Criminal Appeal No. 557 of 1997 became Assistant Attorney General for Bangladesh and for this notice in Form No. 10 should have been issued as per provisions......uller, Md. Aminur Rahman and Sri Protab Sarkar and black Indian alachi were found therein and then the above articles were seized in presence of the witnesses. The informant then lodged Bogra Police Station Case No. 10(2)96 dated 5.2.1996 and the police, after investigation, submitted charg..Category: Criminal Law | Date: | Hits: 29
Habibur Rahman alias Habu and othÂers Vs. State, 2006, 35 CLC (AD)
....But the courts below did not consider this vital aspect of the prosecution case. Petitioners are directed to prepare the paper book out of court in accordance with rules. Ed. ......But the courts below did not consider this vital aspect of the prosecution case. Petitioners are directed to prepare the paper book out of court in accordance with rules. Ed. ......But the courts below did not consider this vital aspect of the prosecution case. Petitioners are directed to prepare the paper book out of court in accordance with rules. Ed. ......resaid Sabdar Ali lodged First Information Report with the local police station on the basis of which Kotwali P.S Case No. 3 dated 07.02.1984 was started against the accused petitioners and others. Police investigated the case and submitted charge sheet No. 13 dated 09.04.1994 against the accused..Category: Criminal Law | Date: | Hits: 31
State Vs. Moniruzzaman Kazi alias Thanda Kazi, 2006, 35 CLC (AD)
..............Appellant vs Moniruzzaman Kazi alias Thanda Kazi..........Respondent (In all cases) Judgment October 20, 2005. Lawyers Involved: Golam Kibria, Deputy Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on -Record-For the Appellants ......commit any error in acquitting the accused. In view of the discussion made above we do not find any substance in this appeal. The criminal appeal is therefore, dismissed. Ed. ......ant vs Moniruzzaman Kazi alias Thanda Kazi..........Respondent (In all cases) Judgment October 20, 2005. Lawyers Involved: Golam Kibria, Deputy Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on -Record-For the Appellants Shahadat ......commit any error in acquitting the accused. In view of the discussion made above we do not find any substance in this appeal. The criminal appeal is therefore, dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 29
Government of the Peoples Republic of Bangladesh Vs. Sree Subas Chandra Sarker , 2006, 35 CLC (AD)
.... Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J The Government of the Peoples Republic of Bangladesh, represented by the Deputy Commissioner, Sylhet and others..........................Appellants. vs Sree S......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. ......an Chakraborty being dead, his heirs Ashish Chakraborty and others Vs. Md. Abdur Rob Alias Mvi. Md. Abdur Rob, 49 DLR AD) 96. Lawyers Involved: M.A. Azim Khair, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Appellants. Abdul Wadud Bhuiy......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
Chair, Board of Int. & Sec. Education, Jessore & ors Vs. Golam Quddus & anr, 2006, 35 CLC (AD)
....g the rules absolute. The judgment therefore does not call for our interference. In view of the discussion made above, the appeals are dismissed without any order of to costs. Ed. ......g the rules absolute. The judgment therefore does not call for our interference. In view of the discussion made above, the appeals are dismissed without any order of to costs. Ed. ......rd. 16. It appears from the impugned judgment of the High Court Division that no affidavit-in- opposition was filed on behalf of the Writ respondents and the learned Assistant Attorney General appearing on behalf of the Writ respondents did not oppose the rules. The High Court Divisi......g the rules absolute. The judgment therefore does not call for our interference. In view of the discussion made above, the appeals are dismissed without any order of to costs. Ed. ..Category: Property Law | Date: | Hits: 32
Government of the People's Republic of Bangladesh Vs. Md. Wazed Ali and others, 2006, 35 CLC (AD)
....rt Appellate Division (Civil) Present Md. Ruhul Amin J Md. Tafazzul Islam J Government of the People's Republic of Bangladesh, represented by the Deputy Commissioner, Pirojpur and others....................Appellants Vs. Md. Wa......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. ...... Judgment April 9, 2006 Case Referred To- Abdul Mannan vs. Kulada Ranjan Mowali 31 DLR (AD) 195. Lawyers Involved: A. H. M. Mushfiqur Rahman, Deputy Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Appellants Not repre......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
Chairman, Bangladesh Telephone and Telegraph Board Vs. Mohammad Toufique & ors, 2006, 35 CLC (AD)
....paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. The order of status quo passed on 07.08.2005 vacated. Ed. ......paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. The order of status quo passed on 07.08.2005 vacated. Ed. ......n (North), Dhaka on 07.10.2001 and that some lands and residential quarters of BTTB situated at Motijheel, Maghbazar and other areas were illegally occupied by trespassers and the respondent No. 5, General manager, Dhaka Telecommunication Region took decision for their eviction under the provisi......Section 9 of the aforesaid Ordinance the Government decided to delegate the powers to the Director of Telephone, Dhaka and accordingly the respondent No. 5 by letter dated 14.07.2003 requested the Police Commissioner, Dhaka Metropolitan Police, Dhaka to deploy a contingent of 20 Police personnel..Category: Others | Date: | Hits: 97
Government of Bangladesh Vs. Israt Jahan Kazal, 2006, 35 CLC (AD)
....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. ......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. ......ip;.Respondent Judgement March 24, 2004. Case Referred to- Mirza Shahab Ispahani, 40 DLR (AD) 116. Lawyers Involved A. J. Mohammad Ali. Additional Attorney General, instructed by Sajjadul Huq, Advocate-On-Record- For the Appellant Shafiq Ahmed, Sen......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
Commissioner of Customs and anr Vs. Bangladesh Traders, Dhaka, 2006, 35 CLC (AD)
.... Hossain, 48 DLR (AD) 199. the Appellate Division also considered similar question of vested right so far payment of customs duty and other levies are concerned. In the above case, the order of the Deputy Collector of Customs dated 7.12.91 was impugned contending that section 19 of the Customs Ac......n made without any lawful authority and of no legal effect and further directing the writ respondents to return the bank guarantees furnished by the writ petitioners are hereby set aside. Ed. ...... (AD) 167; 48 DLR (AD) 199; Mustafizur Rahman's Case, 51 DLR (AD) 40; Mizanur Rahman's case 52 DLR (AD) 49. Lawyers Involved: A.J. Mohammad (In all the cases) Ali, Additional Attorney General, instructed by B. Hossain, Advocate -on-Record- For the Appellants Dr.......n made without any lawful authority and of no legal effect and further directing the writ respondents to return the bank guarantees furnished by the writ petitioners are hereby set aside. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 95
Bangladesh Krishi Bank Vs. A.F.M. Farid Uddin and others, 2006, 35 CLC (AD)
.... and things which may be exercised / done by the Board. The Board in its meeting No. 61 dated 01.06.1983 having delegated to the Managing Director power of appointment of officers upto the level of Deputy General Manager and also the power of making final order in case of disciplinary proceeding,......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. ......by the Administrative Appellate Tribunal, Dhaka in Administrative Appeal No. 80 of 1992 dismissing the appeal. 2. Short facts are that the respondent No.1 was promoted to the post of deputy General Manager in the appellant-Bank which was established under the Bangladesh Krishi Bank Order ......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. ..Category: Administrative Law | Date: | Hits: 90
Sree Promad Chandra Barman & others Vs. Most. Khodeza Khatun Bewa and others, 2006, 35 CLC (AD)
....y, the High Court Division committed error of law in making the Rule absolute, which requires interference by this court. The appeal is allowed without any order as to costs. Ed. ......y, the High Court Division committed error of law in making the Rule absolute, which requires interference by this court. The appeal is allowed without any order as to costs. Ed. ......y, the High Court Division committed error of law in making the Rule absolute, which requires interference by this court. The appeal is allowed without any order as to costs. Ed. ......eing the eldest brother of the joint Hindu family was the Karta of the said family. Basanta Kumar gave pattan of 5.52 acres of land appertaining to C.S. Khatian Nos. 574 and 343 of Mouza Ekbarpur, Police Station-Pirganj, District-Rangpur to the plaintiffs on various dates from 1348 B.S. to 1353 ..Category: Property Law | Date: | Hits: 37
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