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Amzad Hossain Vs. Bangladesh Bank and others, 2012, 41 CLC (HCD)
....y further application to the bank. Therefore, the learned counsel submits that there is no violation of Natural Justice as the petitioner was given sufficient times to hear him, in a sense which is a post decision hearing. Even the representations on different dates continuing for a period of one ye......t. The order of stay granted earlier by this Court is hereby recalled and vacated. Communicate at once. Mustafa Zaman Islam J. - I agree. Ed. This Case is also Reported in: ......others, 48 DLR (AD) 20; Chittagong Medical Vs. Shahrayer Murshed, 48 DLR(AD) 33; Helaluddin Ahmed Vs. Bangladesh, 45 DLR (AD); Jamuna Oil Company Ltd. Vs. S.K. Dey, 44 DLR (AD) 104; Maneka Gandhi Vs. Union of India, 2 SCR (1978) 621; Kanara Bank Vs. V.K. Awasthy, 6 Supreme Court Cases 2005321; Chara......t. The order of stay granted earlier by this Court is hereby recalled and vacated. Communicate at once. Mustafa Zaman Islam J. - I agree. Ed. This Case is also Reported in: ..Category: Banking Law | Date: 18 Jan, 2012 | Hits: 179
Advocate Manzill Murshid Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... are set aside. The respondents are directed to revoke the impugned orders forthwith and restore the previous practice without further ado. Ed. This Case is also Reported in: ...... are set aside. The respondents are directed to revoke the impugned orders forthwith and restore the previous practice without further ado. Ed. This Case is also Reported in: ......is long standing practice is, undoubtedly a breach of the S.C Judges legitimate expectation, bearing in mind that the House of Lords, in its imbued decision in the case of Council of Civil Service Union-v-Minister for Civil Service, best known as the GCHQ case, (1984 3ALL ER 935) expressed with ...... are set aside. The respondents are directed to revoke the impugned orders forthwith and restore the previous practice without further ado. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: 6 Jan, 2012 | Hits: 12
Sohrab Ali Dewan Vs. State, 2012, 41 CLC (HCD)
....udgment and order to the learned Senior Special Judge, Munshiganj and another copy to the Chairman, Anti-Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 106. ......1989 with the Sirajdikhan Police Station. He alleged that the present petitioner Sohrab Ali Dewan, being an ex-chairman of Jainshar Union Parishad and 6 others were appointed as the chairman and members respectively of a project committee for reconstruction of a local road. For that pur&sh...... Munshiganj lodged a First Information Report (shortly FIR) on 30-4-1989 with the Sirajdikhan Police Station. He alleged that the present petitioner Sohrab Ali Dewan, being an ex-chairman of Jainshar Union Parishad and 6 others were appointed as the chairman and members respectively of a projec......iganj lodged a First Information Report (shortly FIR) on 30-4-1989 with the Sirajdikhan Police Station. He alleged that the present petitioner Sohrab Ali Dewan, being an ex-chairman of Jainshar Union Parishad and 6 others were appointed as the chairman and members respectively of a project comm..Category: Anti-Corruption Laws | Date: 1 Jan, 2012 | Hits: 80
Somed Ali Vs. State, 2011, 40 CLC (AD)
....order confirming the sentence of death awarded to the petitioner by the trial Court. 10. We have perused the materials on record including the testimony of the P.Ws. From the inquest report, the post mortem report and the evidence of P.W.6, Doctor who held the post mortem examination of the v......ed to assault her as she did not agree to sell ornaments and that he did not live in the room. The P.W. came to the house of his son-in-law in the last part of Ashwin and informed the matter to Momen member, Khurshed Ali, Paresh Mia, and Jitu Mia who assured him to take necessary step in the matter.......death is commuted to imprisonment for life. The jail authority is directed to remove the petitioner from the condemn cell immediately. Ed. This Case is also Reported in: 9 ADC (2012) 712. ......death is commuted to imprisonment for life. The jail authority is directed to remove the petitioner from the condemn cell immediately. Ed. This Case is also Reported in: 9 ADC (2012) 712. ..Category: Criminal Law | Date: 15 Dec, 2011 | Hits: 27
Sazzak Hossain alias Sajjad Hossain Vs. State, 2011, 40 CLC (HCD)
.... and be discharged from his bail bond immediately. Send down the lower Court records with a copy of this Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 113. ...... and be discharged from his bail bond immediately. Send down the lower Court records with a copy of this Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 113. ......g on behalf of the appellant submits that in compliance with the order of the Upazila Nirbahi Officer the convict-appellant before lodging the FIR returned entire amount of wheat and rice to the Union Parishad food Godown and, as such, no allegation remains against him, thus initiation of the c......ehalf of the appellant submits that in compliance with the order of the Upazila Nirbahi Officer the convict-appellant before lodging the FIR returned entire amount of wheat and rice to the Union Parishad food Godown and, as such, no allegation remains against him, thus initiation of the case it..Category: Anti-Corruption Laws | Date: 15 Dec, 2011 | Hits: 116
....
Let a copy of the Judgment be sent to the learned Special Judge, Court No.2, Dhaka at once for information and necessary action.
Ed.
This Case is also Reported in: 17 BLC (HCD) (2012) 1.
......favour of the execution of the contract with CMC Consortium and placed such proposal to the Cabinet Purchase Committee at the behest of the Ministry of Energy where both the accused-petitioners being members of that committee accepted such proposal of the Ministry, ignoring the recommendation of re-......
Let a copy of the Judgment be sent to the learned Special Judge, Court No.2, Dhaka at once for information and necessary action.
Ed.
This Case is also Reported in: 17 BLC (HCD) (2012) 1.
......
Let a copy of the Judgment be sent to the learned Special Judge, Court No.2, Dhaka at once for information and necessary action.
Ed.
This Case is also Reported in: 17 BLC (HCD) (2012) 1.
..
Category: Anti-Corruption Laws | Date: 14 Dec, 2011 | Hits: 96
Bangladesh Rural Development Board Vs. Mohammad Shahjahan and others, 2011, 40 CLC (AD)
....r (Class-1 officer) under Integrated Rural Development Programme (IRDP) in the pay scale of Tk.375-25-550-40-750-EB-50-1-50 on 05.02.1973 on successful completion of training at the BARD and was posted at Bamna Thana under the District of Patuakhali. Thereafter, he was promoted to the next...... set aside. In the result, the appeal is allowed. The impugned judgment and order passed by the High Court Division be set aside. Ed. This Case is also Reported in: 9 ADC (2012) 195. ...... set aside. In the result, the appeal is allowed. The impugned judgment and order passed by the High Court Division be set aside. Ed. This Case is also Reported in: 9 ADC (2012) 195. ...... set aside. In the result, the appeal is allowed. The impugned judgment and order passed by the High Court Division be set aside. Ed. This Case is also Reported in: 9 ADC (2012) 195. ..Category: Employment/Service Law | Date: 14 Dec, 2011 | Hits: 133
Bangladesh Jute Mills Corporation Vs. Md. Mahbubur Rahman and another, 2011, 40 CLC (AD)
....e he had been performing his duties as Accounts Officer in BJMC, he was temporarily transferred to Latif Bawani Jute Mills on 31st December, 1976 and later on, he was withdrawn on April 20,1979 and posted in BJMC as Finance Officer; BJMC promoted the petitioner to the post of Assistant Chief Finan......e appeal. Accordingly, the appeal is allowed without any order as to cost. The impugned judgment and order is set-aside. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 6. ......e appeal. Accordingly, the appeal is allowed without any order as to cost. The impugned judgment and order is set-aside. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 6. ......e appeal. Accordingly, the appeal is allowed without any order as to cost. The impugned judgment and order is set-aside. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 6. ..Category: Employment/Service Law | Date: 13 Dec, 2011 | Hits: 152
Government of Bangladesh and others Vs. Saleha Akter, 2011, 40 CLC (AD)
.....2 an advertisement was published on 18.01.2007 in the newspaper for appointment of Assistant Teacher of Government Primary School. The petitioner, complying with all the formalities, applied for the post. The petitioner qualified in examination and the authority finding her suitable candidate issue......ed Deputy Attorney General for the petitioners. Accordingly, the leave petition is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 328. ......ed Deputy Attorney General for the petitioners. Accordingly, the leave petition is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 328. ......ed Deputy Attorney General for the petitioners. Accordingly, the leave petition is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 328. ..Category: Employment/Service Law | Date: 8 Dec, 2011 | Hits: 204
Secretary, Ministry of Establishment and others Vs. Amzad Hossain and others, 2011, 40 CLC (AD)
.... of 'Bachelor's degree' preferably with economics. Since appointment, the writ-petitioners have been discharging their duties to the satisfaction of the authority. In the Recruitment Rules, 1979, the post of National Savings Officers was "termed as Gazetted Officers". The Ministry of Finance, Intern......s Gazetted Officers immediately from the date of their appointment as Savings Officers. The appeal is disposed of accordingly. Ed. This Case is also Reported in: 18 BLC (AD) (2013)16. ......s Gazetted Officers immediately from the date of their appointment as Savings Officers. The appeal is disposed of accordingly. Ed. This Case is also Reported in: 18 BLC (AD) (2013)16. ......s Gazetted Officers immediately from the date of their appointment as Savings Officers. The appeal is disposed of accordingly. Ed. This Case is also Reported in: 18 BLC (AD) (2013)16. ..Category: Employment/Service Law | Date: 24 Nov, 2011 | Hits: 88
Rabindra Nath Roy @ Rabindra and another Vs. State, 2011, 40 CLC (AD)
....amination of the accused-persons under section 342 in the light of the observations made above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 50; 17 MLR (AD) (2012) 253; 9 ADC (2012) 520.......only various links in the chain of evidence be clearly establish, but the completed chain must be such as to rule out a reasonable likelihood of the innocence of the accused." 11. It should be remembered that in case of circumstantial evidence, the circumstances must be conclusive nature. If tw......amination of the accused-persons under section 342 in the light of the observations made above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 50; 17 MLR (AD) (2012) 253; 9 ADC (2012) 520.......amination of the accused-persons under section 342 in the light of the observations made above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 50; 17 MLR (AD) (2012) 253; 9 ADC (2012) 520...Category: Women and Children | Date: 24 Nov, 2011 | Hits: 190
Professor Mahbub Ahmed and others Vs. Securities and Exchange Commission, 2011, 40 CLC (HCD)
....n 561A for the purpose of quashing a proceeding one of the following condition must be fulfilled:— (i) Interference even at an initial stage may be justified where the facts are so preposterous that even on admitted facts no case stands against the accused. (ii) Where the instit......these transactions in DSE. However, the Committee could gather that it is a syndicate comprising three members. Two are brokers of DSE namely Mr. MG Azam Chowdhury and Mr. Shahidullah. The third member is Professor Mahbub Ahmed, Department of Accounting Dhaka University. There is however no off...... preferably within 6(six) months from the date of the receipt of this judgment. Communicate the Judgment and order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 87. ...... preferably within 6(six) months from the date of the receipt of this judgment. Communicate the Judgment and order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 87. ..Category: Business or Commercial Law, Criminal Law | Date: 23 Nov, 2011 | Hits: 9
State Vs. Hasibul Hasan (Md.), 2011, 40 CLC (HCD)
....s impossible. The Police Station did not record his case. The deceased was buried in absence of accused, even the children were prevented to come. He filed a complaint on 3-6-2004 after knowing the postmortem report. He proved the ejahar and his signature on it as Exhibits 1 and 1/1 respectively. ......led against them and they are discharged from their respective bail bond. The office is directed to send down therecords at once. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 291. ......led against them and they are discharged from their respective bail bond. The office is directed to send down therecords at once. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 291. ......led against them and they are discharged from their respective bail bond. The office is directed to send down therecords at once. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 291. ..Category: Women and Children | Date: 21 Nov, 2011 | Hits: 114
State Vs. Rustom & 2 others, 2011, 40 CLC (HCD)
....er conflict. The prosecution tendered P.W.9 Zoad Ali and P.W.10 Razzak for cross-examination by the defence but the defence did not cross-examine them. 20. P.W.11 Doctor Abdus Salam who held the post-mortem examination on the corpse of Atiar stated that on 10-11-1998 he was posted at Meherpur G......oubt" 47. But as we find in this case all the eyewitnesses were closely related with the deceased. P.Ws.2 and 5 are the son and wife of the deceased while P.Ws.3 and 4 are the partisan members of the deceased. So, P.Ws.2-5 are interested witnesses but even then the evidence of such wi......d against absconding convict Enamul. Let a copy of this judgment and order be communicated to the Court concerned at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 429. ......d against absconding convict Enamul. Let a copy of this judgment and order be communicated to the Court concerned at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 429. ..Category: Evidence Law | Date: 17 Nov, 2011 | Hits: 8
Jamuna Television Ltd. and another Vs. Government of Bangladesh & others, 2011, 40 CLC (AD)
....ion without having obtained requisite licences and NOC in accordance with law from the concerned Ministries and authorities. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 253. ......ion without having obtained requisite licences and NOC in accordance with law from the concerned Ministries and authorities. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 253. ......esh AIR 1979 SC 621; U.P. Power Corporation Ltd Vs. Sant Steels & Alloys (P) Ltd & Ors AIR 2008 SC 693; State of Rajasthan Vs. Mahaveer Oil Industries (1999) 4 SCC 357; Kasinka Trading Vs. Union of India (1995) 1 SCC 274; Amrit Banaspati Co. Ltd. Vs. State of Punjab AIR 1992 SC 1075; Cha......ion without having obtained requisite licences and NOC in accordance with law from the concerned Ministries and authorities. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 253. ..Category: Information Technology Law | Date: 16 Nov, 2011 | Hits: 18
Md. Asgar Ali Vs. Md. Shahidul Islam P.K. and others, 2011, 40 CLC (AD)
....-emptor failed to prove the service of summonses of the case upon the pre-emptee petitioners through usual way, it is not safe to rely upon the statutory presumption of service of summonses through post in the absence of the acknowledgement receipt,……………………….(16) Case Re......ove, we do not find any merit in the appeal and accordingly, the same is dismissed, however, without any order as to cost. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 39. ......ove, we do not find any merit in the appeal and accordingly, the same is dismissed, however, without any order as to cost. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 39. ......ove, we do not find any merit in the appeal and accordingly, the same is dismissed, however, without any order as to cost. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 39. ..Category: Procedural Law | Date: 15 Nov, 2011 | Hits: 7
State Vs. Matiur Rahman @ Mati, 2011, 40 CLC (HCD)
....ted 1-8-1993 corresponding to GR No.51 of 1993 were started. Police took up the investigation of the case making inquest report on the cadaver of the deceased and also sent the same to the morgue for post-mortem examination and after completion of the investigation and also after obtaining the post&...... on it, marked as Exhibit 2 and 2/1. In cross-examination he stated that the house of the informant is 1 (one) mile away from his house. He went to the place of occurrence by his motorcycle. He found members Jibon Krishna Saha and Dilip Gomez in the place of occurrence. He denied the defence suggest......urrence which was seized by the police. He denied the defence suggestion that the did find the corpse of deceased Tarun at Ikrashi village. 16. P.W.7 Jibon Krishna Sha, a local member of Bandura Union Parishad stated that the occurrence took place on 1-8-1993, while he was at bandura bazar came......e which was seized by the police. He denied the defence suggestion that the did find the corpse of deceased Tarun at Ikrashi village. 16. P.W.7 Jibon Krishna Sha, a local member of Bandura Union Parishad stated that the occurrence took place on 1-8-1993, while he was at bandura bazar came to kn..Category: Evidence Law | Date: 25 Oct, 2011 | Hits: 9
Renuza Begum and others Vs. Md. Waziullah Mia and others, 2011, 40 CLC (AD)
....tract. There is no merit in these appeals. The appeals are, therefore, dismissed without, however, no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 201. ......al below though suspected the claim of the contesting defendants that Paresh Nath filed solenama in their suit for specific performance on the reasoning that it was not a believable story that a member of Hindu community would file solenama during the war of liberation, on the other breath, be......tract. There is no merit in these appeals. The appeals are, therefore, dismissed without, however, no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 201. ......tract. There is no merit in these appeals. The appeals are, therefore, dismissed without, however, no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 201. ..Category: Contract Law | Date: 11 Oct, 2011 | Hits: 11
....er or orders as to this Court may seem fit and proper.
2. Short facts for disposal of the Ruleare that the petitioner being a guardian voter being No.58 of voter list is oneof the candidates for the post of member in the category of guardian of saidManaging Committee. After completion of all form.......
Secondary and Higher Secondary SchoolEducation Board, Comilla and 5 others………………………….Respondents
Judgment
August 25, 2011.
Result:
The Rule is made absolute.
Can a local member of the parliament lawfully interfere with the election process of the Managing Committee of a......he date of receipt of this Judgment, positively.
Order of stay granted at the time ofissuance of the Rule is hereby recalled and vacated.
Ed.
This Case is also Reported in: 64 DLR (HCD)(2012) 65.
......he date of receipt of this Judgment, positively.
Order of stay granted at the time ofissuance of the Rule is hereby recalled and vacated.
Ed.
This Case is also Reported in: 64 DLR (HCD)(2012) 65.
..
Category: Civil Law | Date: 25 Aug, 2011 | Hits: 5
Victor Simon Paat and other Vs. M.V. Accord and others, 2011, 40 CLC (HCD)
.... and facts the same are now disposed off by this single judgment. 2. The plaintiff in Admiralty suit No.42 of 2000 is Mr. Vincentius John M. who was employed on board the vessel M.V. ACCORD in the posts of Fitter in The plaintiff in Admiralty Suit No. 43 of 2000, Mr. Palammai was employed as the ......ddin was employed as the Mess boy of the vessel M. V. ACCORD and the plaintiff in Admiralty Suit No.40 of 2000, Mr. Ramli Yadi K was employed as the O.S. of the vessel M. V. ACCORD. All these 11 Crew members, while working as such in the vessel M.V. ACCORD, on and from 2.12.1999 came to Bangladesh o......The plaintiff will be entitled to execute the decree against the sale proceed of the vessel M. V. ACCORD, now remaining in the Marshal account of this court. Ed. This Case is also Reported in: ......The plaintiff will be entitled to execute the decree against the sale proceed of the vessel M. V. ACCORD, now remaining in the Marshal account of this court. Ed. This Case is also Reported in: ..Category: Admiralty Law or Maritime Law | Date: 23 Aug, 2011 | Hits: 87
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