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Government of Bangladesh and another Vs. Sheikh Hasina and another, 2008, 37 CLC (AD)
....ich the question is raised can be properly disposed of in some other way and Court should not give decision on any law which is not strictly necessary for the disposal of the case before it. ......ich the question is raised can be properly disposed of in some other way and Court should not give decision on any law which is not strictly necessary for the disposal of the case before it. ......oes not arise………………………..(66 and 88) Cases Referred To- Kudrat-e-Elahi Panir vs Bangladesh reported in 44 DLR (AD) 319; Moni Begum vs RAJUK 46 DLR (AD) 154; Basheshar Nath vs Commissioner of Income-tax, Delhi and Rajasthan AIR 1959 SC 149; Hefzur Rahman (Md) vs Shamsun Nahar..Category: Civil Law | Date: | Hits: 254
Government of Bangladesh Vs. Md. Shamsul Huda and others, 2008, 37 CLC (AD)
.... Judgment March 18, 2008. The Evidence Act, 1872 (I of 1872), Sections 123 and 162 Since the Government objects to disclosure of the papers containing the opinion of the Chief Justice on the ground that it is privileged and of possible injury to public interest, the Hi......ections and guidelines, the appeal is allowed and the order of the High Court Division appealed against is set aside. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 108. ......f section 123 read with section 162 of the Evidence Act. 32. In the case of State of Punjab vs. SS Singh AIR 1961 (SC) 493 the question arose, whether the report of the Public Service Commission and the resolution of the Council of Ministers were privileged documents and those ..Category: Constitutional Law | Date: | Hits: 124
Chittagong Dock Sramik Parichalana Board and others Vs. Shamsul Haque and others, 2007, 36 CLC (AD)
....land and started living therein with the miscreants; for the above incident, on 28-11-1990, Complain Case No. 1361 of 1990 was filed against the respondent No.1 and others before the Court of Chief Metropolitan Magistrate, Chittagong and the respondent No.1, having started construction of a...... sustainable and accordingly, the same is liable to be set aside. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 68. ......e welfare of dock sramiks, acquired further 24.73 acres of land and against full compensation of the land so acquired; the appellant No.1 credited Taka 1,62,54,828.90 in the A/C of the Deputy Commissioner, Chittagong vide Cheque No. 467769 dated 9-4-1985; however after acquisition, out of a..Category: Labour and Industrial Law | Date: | Hits: 83
Ashraf and others Vs. Md. Zahangir Alam & others , 2008, 37 CLC (AD)
....ave quoted the highest price in all 14 items. Thereafter, the tender committee forwarded all the tenders for approval by the Zonal disposal committee headed by the writ respondent No. 5, Additional Chief Engineer, PWD Chittagong Zone and thereafter on receiving decision of the said committee the......ve the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 66; V ADC (2008) 189; 14 MLR (AD) (2009) 86. ......ve the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 66; V ADC (2008) 189; 14 MLR (AD) (2009) 86. ..Category: Others | Date: | Hits: 88
Anti-Corruption Commission Vs. Barrister Nazmul Huda and others, 2008, 37 CLC (AD)
....fe to be certified by duly constituted Medical Board, may consider the matter of granting bail in an appropriate case in an appeal. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 256. ......fe to be certified by duly constituted Medical Board, may consider the matter of granting bail in an appropriate case in an appeal. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 256. ......iminal) Present: Md. Ruhul Amin CJ Md. Fazlul Karim J MM Ruhul Amin J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Anti-Corruption Commission ........................Appellant (In both the cases) Vs. Barrister Mir Md. Helal..Category: Anti-Corruption Laws | Date: | Hits: 219
Md. Muinuddin Zulfiquer Vs. Bangladesh, 2006, 35 CLC (AD)
.... Respondent No.5 in Grade-II and Grade-I respectively, that the writ-petitioner i.e. the petitioner in the civil petition for leave to appeal joined as Engineer and Ship Surveyor in Grade-II, that Chief Engineer and Ship Surveyor of Department of Shipping went on leave preparatory to retirement ......e fact of the judgment for review. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly the petition is dismissed. Ed. ......; Ship Surveyor, Department of Shipping to the Respondent No.5. 3. Facts in the background of which the writ petition was filed was that on February 5, 1994 Public Service Commission advertised for appointment in two posts of Engineer and Ship Surveyor, that the post of ..Category: Employment/Service Law | Date: | Hits: 79
Mahfuzul Hoque and ors Vs. Collector of Customs, Customs House, Chittagong & ors, 2005, 34 CLC (AD)
....nment price 42 US$ come to about only 5% and therefore it cannot be urged that the power under section 25 has been exercised arbitrarily or capriciously. 25. Justice Ajmal Miah, as the Chief Justice of Pakistan subsequently in a decision in the case of Collector of Customs, Kasmir Vs...... 61. In view of the above, we do not find any substance in the submissions of the learned Counsel for the appellants. The appeals are dismissed without any order as to costs. Ed. ......r of Customs, Customs House, Chittagong & others................. Respondents (In all the cases). Judgment August 8, 2005. Cases Referred To- Mustafa Kamal Vs. The Commissioner of Customs, 52 DLR (AD) 1; Phassco Hardware Company Vs. The Government of Pakistan, PL..Category: Fiscal/Taxation Law | Date: | Hits: 107
Mokbul Hossain (Md) Vs. Government of Bangladesh and others, 2006, 35 CLC (AD)
.... Appellate Tribunal did not consider the matter in its proper perspective and accordingly, arrived at a wrong decision. The appeal is allowed without any order as to cost. Ed. ..........Appellant Vs. Government of Bangladesh and others..................Respondents Judgment August 9, 2006. Cases Referred To- Monoranjan Mukherjee vs Election Commission and others, 1990 BLD 17 = 41 DLR 484. Lawyers Involved: Dr. M Zah......lant Vs. Government of Bangladesh and others..................Respondents Judgment August 9, 2006. Cases Referred To- Monoranjan Mukherjee vs Election Commission and others, 1990 BLD 17 = 41 DLR 484. Lawyers Involved: Dr. M Zahir, Senio..Category: Administrative Law | Date: | Hits: 132
Shahid Hossain Khan (Md) Vs. Abdul Bashed Lashkar and others, 2006, 35 CLC (AD)
.... decree of permanent injunction. 15. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ...... decree of permanent injunction. 15. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ......unsel appearing for the petitioner that the instructions issued by the Director General and the Inspector of the Secondary and Higher Secondary Board, Barisal and the decision of the School Grants Commission have no force of law and, as such, not binding on the High School and that said instruct..Category: Civil Law | Date: | Hits: 216
Rabia Bhuiyan, MP Vs. Ministry of LGRD & others, 2005, 34 CLC (AD)
....ry, Local Government and Rural Development i.e. LGRD, the Ministry of Health and Family Welfare, Dr. AZM Iftekhar Hussain, the Deputy Programme Manager Arsenic of the Ministry of Health, the Chief Engineer, Department of Public Health Engineering i.e. DPHE, the respondent Nos.1-4 respectiv......ing steps taken to implement the Arsenic Policy, 2004 and the Plan. Accordingly, the appeal is allowed within directions as set out above. There is no order as to costs. Ed. ......ing steps taken to implement the Arsenic Policy, 2004 and the Plan. Accordingly, the appeal is allowed within directions as set out above. There is no order as to costs. Ed. ..Category: Environmental Law | Date: | Hits: 255
Muinuddin Zulfiquer (Md) Vs. Government of the Republic of Bangladesh, 2006, 35 CLC (AD)
...., 1986) of the Department of Shipping (Engineer and Ship Surveyor of Inland Ships) Recruitment Rules, 1980 and the Memo. No. E-1(1)/Part-6/3224 dated 27-3-2001 giving current charge of the post of Chief Engineer and Ship Surveyor, Department of Shipping to the respondent No. 5. 3. F......e of the judgment for review. 8. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly, the petition is dismissed. Ed. ...... Engineer and Ship Surveyor, Department of Shipping to the respondent No. 5. 3. Facts in the background of which the writ petition was filed was, that on February 5,1994 Public Service Commission advertised for appointment in two posts of Engineer and Ship Surveyor, that the po..Category: Employment/Service Law | Date: | Hits: 76
Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
....te. The UNO no doubt was vested with the powers of a Magistrate, First Class, and as such he is competent to record statements of witnesses under section 164 CrPC; but his primary duty is that of the Chief Executive Officer of the Upazila Bureaucracy. Judicial duties are discharged by the Upazila ......e Chowdhury @ Kala Mia and (5) Akhtarul Haque Chowdhury be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 253. ......e Chowdhury @ Kala Mia and (5) Akhtarul Haque Chowdhury be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 253. ..Category: Criminal Law | Date: | Hits: 74
Mosharraf Hossain Vs. Md. Amir Hossain, Munsif, Election Tribunal and anr, 1978, 7 CLC (AD)
....nance does not cast imperative duty on the Tribunal to adjourn a case on the grounds made out in the transfer petition. The appeal is dismissed without any order as to coast. Ed. ...... Present A.B.M. Husain CJ Kemaluddin Hossain J D.C. Bhattacharya J Fazle Munim J Mosharraf Hossain…..Appellant Vs. Md. Amir Hossain, Munsif, Election Tribunal and anr………... Respondents Judgment August 15, 1......nance does not cast imperative duty on the Tribunal to adjourn a case on the grounds made out in the transfer petition. The appeal is dismissed without any order as to coast. Ed. ..Category: Election Law | Date: | Hits: 122
Dock Workers Management Board Vs. Muhammad Ismail and others, 2005, 34 CLC (AD)
.... was accordingly sent to the Government for approval of the proposal. But without complying with the aforesaid recommendation, only Departmental Head of the Medical Department was upgraded as Chief Medical officer with the pay scale of grade-V from 10.11.1991. 4. It was further state......yed for. Operation of the impugned judgment and Order dated 01.03.2005 passed by the High Court Division in Writ petition No.890 of 2003 be stayed till disposal of the appeal. Ed. ......yed for. Operation of the impugned judgment and Order dated 01.03.2005 passed by the High Court Division in Writ petition No.890 of 2003 be stayed till disposal of the appeal. Ed. ..Category: Employment/Service Law | Date: | Hits: 88
State Vs. A. K. M. Saiful Islam, 2005, 34 CLC (AD)
....t the judgment and order dated 14-11-1999 passed by the High Court Division in Criminal Revision No.672 of 1998 making the Rule absolute upon setting aside the order dated 25-08-1998 passed by the Chief Metropolitan Magistrate, Dhaka in Sabujbagh PS. Case No.69 (9) 1997 directing to make further...... in the appeal accordingly, the appeal is allowed and judgment and order of the High Court Division is set aside. The aforesaid Sabujbagh P. S. Case proceeds in accordance with law. Ed. ...... in the appeal accordingly, the appeal is allowed and judgment and order of the High Court Division is set aside. The aforesaid Sabujbagh P. S. Case proceeds in accordance with law. Ed. ..Category: Criminal Law | Date: | Hits: 90
Abdul Majid alias Mujibur Rahman Molla Vs. Md. Abdul Matin and others, 2006, 35 CLC (AD)
.... view expressed by us about the ground taken in the course of hearing we do not find any merit in the appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. ......y passed and that only there has been exchange of land, that after exchanged the defendants are owning and possessing their respective land got by exchange, that at the time of last Union Parishad Election there was misunderstanding between the defendant No.1 and the plaintiff and because of tha...... view expressed by us about the ground taken in the course of hearing we do not find any merit in the appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 38
Bangladesh Biman Corporation Vs. Lt. Col. (Rtd.) Md. Zainul Abedin and ors, 2000, 29 CLC (AD)
....ood whether a writ of mandamus could be issued on the facts and in the circumstances of the case. We accordingly allow all the appeals without, however, any order as to costs. Ed. ......ood whether a writ of mandamus could be issued on the facts and in the circumstances of the case. We accordingly allow all the appeals without, however, any order as to costs. Ed. ......ood whether a writ of mandamus could be issued on the facts and in the circumstances of the case. We accordingly allow all the appeals without, however, any order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 103
Syed Alam Mia Vs. Election Commission of Bangladesh, 1990, 19 CLC (AD)
....High Court Division's judgment is set aside, the Writ Petition is allowed and the impugned Notification is declared invalid. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 242. ......: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Syed Alam Mia.............................……………………….....Petitioner Vs. The Election Commission of Bangladesh represented by the Secretary, Election Commission, Secretariat &am......abuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Syed Alam Mia.............................……………………….....Petitioner Vs. The Election Commission of Bangladesh represented by the Secretary, Election Commission, Secretariat & others..Category: Election Law | Date: | Hits: 126
Parveen Banu @ Purnima & others Vs. Bangladesh House Building Finance Corporation, 1990, 19 CLC (AD)
....gment and decree as they are. In view of the discussion above, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 234. ......structive: "A plaintiff is not permitted to 'approbate and reprobate'. The phrase is apparently borrowed from the Scottish law, where it is used to express the principle embodied in our Doctrine of Election—namely, that no party can accept and reject the same instrument: Ker Vs. Wauchope (1819) ......rtion so omitted or relinquished. 28. Mr. Maksum-ul-Hakim referred to AIR 1931 (PC) 107 for highlighting the abhorrence of the judicial committee to consent decrees. The judgment of the Judicial Commissioners in that case was by consent of the parties and a plea was taken later on that there ha..Category: Property Law | Date: | Hits: 95
Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)
.... order as to costs. Order of the Court. By the majority decision, the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ...... order as to costs. Order of the Court. By the majority decision, the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ...... order as to costs. Order of the Court. By the majority decision, the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ..Category: Property Law | Date: | Hits: 50
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