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Secretary, Ministry of Establishment and others Vs. Amzad Hossain and others, 2011, 40 CLC (AD)
....ted that the writ petition was not maintainable in law as the question of gradation of the writ-petitioners as Second Class Gazetted Officers falls within the terms and conditions of service in the Republic and it is the Administrative Tribunal which had the exclusive jurisdiction to decide the ques......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)
.... of Guilt, 1955, p.133). "A people who are more disposed to shelter a criminal than to apprehended him; a people who are revolted by an execution, but not shocked to an assassination-require that the public authorities should be armed with much sterner powers than elsewhere, since the first indispen......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
Nazir Ahmed and others Vs. Fajal Ahmed & others, 2011, 40 CLC (HCD)
....l bear their respective costs. Send down the lower Court records with a copy of the judgment to the trial Court forthwith. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 260. ......l bear their respective costs. Send down the lower Court records with a copy of the judgment to the trial Court forthwith. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 260. ..Category: Civil Law | Date: 23 Nov, 2011 | Hits: 7
Nurul Islam (Md.) Vs. State, 2011, 40 CLC (HCD)
....o us that in that case the police raided the house of the accused and after arrest he pointing out the arms from his house. But in this particular case admittedly the arms were recovered from a public place i.e. on the roof of a photo state shop and owner of the said shop is one Zakir Hossain ......s acquitted from the charge levelled against him and be discharged from his bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 268. ..Category: Criminal Law | Date: 21 Nov, 2011 | Hits: 28
Jamuna Television Ltd. and another Vs. Government of Bangladesh & others, 2011, 40 CLC (AD)
....t would interfere only if the decision taken by the authority was found to be arbitrary, unreasonable or in gross abuse of power or in violation of principles of natural justice and not taken in public interest. (5) The Doctrine of legitimate expectation has no role to play where the State......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
Human Rights and Peace for Bangladesh Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....nt role, not only, in the history of Bangladesh but also the history of this subcontinent. 4. The petitioners also seek to bring this application by invoking Article 102 of the Constitution as public interest litigation in order to enforce necessary steps against the people who are liable fo......tion notwithstanding non-filing of affidavit by reason of the fact that the petitioner NGO depends on fund donated by its members alone as claimed. Ed. This Case is also Reported in: ..Category: Property Law | Date: 26 Oct, 2011 | Hits: 23
State Vs. Matiur Rahman @ Mati, 2011, 40 CLC (HCD)
....t and order under this reference. Let a copy of the judgment and order be sent down to the Court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 89. ...... P.W.1 is the full brother of accused Matiur Rahman @ Mati he out of family dispute and enmity has given false evidence against the convict. It is fact that in our society there may be good relation, peace, unity and harmony between the full Brothers at the same time there may be inimical relationsh..Category: Evidence Law | Date: 25 Oct, 2011 | Hits: 9
Elite Lamps Ltd. Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....give its clearance in respect of write off of the entire loan specially the capital amount. Thirdly, the move on the part of the Bank was tainted with external pressure. Fourthly, it is against public policy in as much as by that way a group of people would have been blessed with unjust enric......ithin one month from the date trial Court receives a copy of this Judgment. Communicate a copy of the Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 62. ..Category: Civil Law | Date: 16 Oct, 2011 | Hits: 7
Category: Civil Law | Date: 25 Aug, 2011 | Hits: 5
KM Alam & Co. and another Vs. People's Republic of Bangladesh, and others, 2011, 40 CLC (HCD)
....n (Special Original Jurisdiction) Present: Farid Ahmed J Sheikh Hassan Arif J KM Alam & Co. and another.........................Petitioners Vs. People's Republic of Bangladesh, and others.......Respondents Judgment August 17, 2011. Result:......countant Firms in strict compliance with the provisions of the Public Procurement Rules-2008 after cancelling the disputed one. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 221. ..Category: Civil Law, Constitutional Law | Date: 17 Aug, 2011 | Hits: 20
Tae Hung Packaging (BD) Limited and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....intainability of a writ petition in presence of alternative remedy, in Mujibur Rahman Vs. Bangladesh, 44 DLR (AD) 111, it has been argued by Mustafa Kamal, J. that a person in the service of Republic who intends to invoke fundamental rights for challenging the vires of a law may seek his rem......nd my learned brother, Md. Abdul Wahhab Miah J. I agree with the judgment of my learned brother, Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 144. ..Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39
Kaisar-uz-zaman Vs. State and others, 2011, 40 CLC (HCD)
....n was obtained. He further submits that section 6(5) of the Criminal Law Amendment Act (hereinafter referred as the Act) provides that prior sanction of the Government is required to prosecute a public servant for any offence under the schedule of this Act. If the petition of complaint or the p...... the light of observation made above. The order passed earlier staying further proceeding of the special case is hereby vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 15. ..Category: Anti-Corruption Laws | Date: 14 Jul, 2011 | Hits: 43
Md. Habibur Rahman Bhuiyan and others Vs. Mosammat Galman Begum and others, 2011, 40 CLC (AD)
.... Division grants leave against a judgment, decree or sentence of the High Court Division or from the judgment of the Administrative Appellate Tribunal if a substantial question of law of general or public importance arises which may not only determine the dispute between the parties but will b......ed by my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:9 ADC (2012) 575. ..Category: Property Law | Date: 15 Jun, 2011 | Hits: 169
Nazir Vs. State, 2011, 40 CLC (HCD)
....idence on record to connect the petitioner with the alleged offence under section 4 of the Explosive Substances Act and that the evidence adduced by the police personnel was not supported by the public witnesses. He next submits that P.W.4, a seizure list witness, has not supported and cor...... this Rule. 30. Accordingly, the Rule is discharged. Communicate this judgment to the concerned Tribunal immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 317. ..Category: Criminal Law | Date: 7 Jun, 2011 | Hits: 2
Farzana Akter (Kakoli) Vs. Md. Kabir Hossain and others, 2011, 40 CLC (HCD)
....learned Judge of the Tribunal is directed to proceed with the trial in the said Nari-o-shishu case in accordance with law. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......learned Judge of the Tribunal is directed to proceed with the trial in the said Nari-o-shishu case in accordance with law. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Women and Children | Date: 6 Jun, 2011 | Hits: 102
Human Rights and Peace for Bangladesh Vs. Bangladesh, 2011, 40 CLC (HCD)
....the passivity and indolence of the respondents in stopping pollution that has pushed Buriganga to a moribund state. Invoking Article 102 of the Constitution he seeks to persuade us to treat it as a public interest litigation in order to ignite necessary steps to prevent pollution of River Buriga......resent high volume of cases, it is not possible on their part to bear the cost of the cases filed as public interest litigation. Ed. This Case is also Reported in: ..Category: Environmental Law | Date: 1 Jun, 2011 | Hits: 37
BGP Inc., China National Petroleum Corporation Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....hammad Ashraf Uddin Bhuiyan-For the respondent No.6. Writ Petition No.2005 of 2011. Judgment Farah Mahbub J. - In this Rule, issued under Article 102 of the Constitution of the People’s Republic of Bangladesh, the respondents have been called upon to show cause as to why the decision o......ance with law. With the above observations this Rule is disposed of. There will be no order as to costs. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ..Category: Civil Law | Date: 29 May, 2011 | Hits: 21
Zeyad Rahman and another Vs. Delta Insurance Company and others, 2011, 40 CLC (HCD)
....ong they remain as member of the company…........... (70) Sponsor shareholders not eligible to participate in electing directors Public subscribers shall elect directors representing public subscribers. This means that the right of public subscribers to elect directors is confined t......our) weeks from the date of the drawing up of this Judgment and to report the compliance thereof within 1(one) week thereafter. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 336. ..Category: Company Law | Date: 26 May, 2011 | Hits: 9
Sk. Nurul Islam Vs. State, 2011, 40 CLC (HCD)
....ia Police Station alleging that, accused Md. Nurul Islam, Auditor, Accounts Office, Doulatpur Upazila Parishad, Kushtia in connivance with the other accused persons misappropriated the public money amounting to Tk. 4976/- of the aforesaid Upazila Parishad. He, being a public servant, ...... discharged from his bail bond. Send down the Lower Court Records, along with a copy of this judgment and order, at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 436. ..Category: Anti-Corruption Laws | Date: 19 May, 2011 | Hits: 157
S.M. Humayun Kabir Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... Attorney General-For the Respondent-Government. Writ Petition No. 4717 of 2010 Judgment Farah Mahbub J. - In this Rule under Article 102 of the Constitution of the People’s Republic of Bangladesh the respondents have been called upon to show cause as to why the impugned ord...... have been passed without lawful authority and hence, is of no legal effect. There will be no order as to costs. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: 15 May, 2011 | Hits: 22