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Md. Nazimuddin Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)

....n Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Md. Nazimuddin……………………………………………………….Petitioner Vs. Government of Bangladesh and others…………………..Respondents Judgment August 25, 2011...... facts, leading to the filing of this petition, in a nutshell, are as follows: 3. The petitioner was appointed as “Work mistri” in the Railway Department and at the time of his appointment in service, he declared that his date of birth was 08.04.1952 and in support of his date of birth, he s..

Category: Administrative Law | Date: | Hits: 196

Jiban Bima Corporation and another Vs. A.K.M. Harun-Or-Rashid and others, 2011, 40 CLC (AD)

.... whether the High Court Division misconceived and misconstrued the provision of Rule 9 of the Bangladesh Service Rules Part-I, because of the fact that the declaration of age made by an applicant for Government Service at the time of or for the purpose of entry into Government service shall be deeme......eclaration that the said Memo is illegal, without jurisdiction, without lawful authority and is of no legal effect and further declaration that the petitioner is legally entitled to retain his former service in the Jibon Bima Corporation till disposal of the writ petition and or his attaining the ag..

Category: Employment/Service Law | Date: | Hits: 58

Khapan Bittahin Co-operative Society Ltd. Vs. Nagendra Mahisya Das, Secretary, Nijkurua Matsyajibi Samabaya Samity Ltd. and others, 1991, 20 CLC (HCD)

.... dated 30.6.90 by the Upazila Fishery Officer, Balaganj, on receipt of writ (Annexures‑B and C respectively). The review petitioner undertook development as per approved scheme dated 17.6.90 of the Government and invested large sums of money. A copy of the scheme is annexed as Annexure‑'D'. 3......Petition No.2551 of 1990 is set aside and consequently the Rule in the said Writ Petition is discharged. There is no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 502...

Category: Civil Law | Date: | Hits: 87

Commissioner of Taxes Vs. Md. Hasanuzzaman, 1993, 22 CLC (HCD)

.... costs. This order shall govern both the reference application Nos. 3 and 4 of 1989. We return the references with the above answer. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 500.......on 23(4) and in such circumstances it cannot be said that the assessee was not given an opportunity of being heard. We are also unable to read anything from sub‑section (4) of section 23 that after service of notice issued under sub‑section (2) section 23 of the Income Tax Act, the Deputy Commis..

Category: Fiscal/Taxation Law | Date: | Hits: 98

Yunus Mia (Md.) and others Vs. Secretary, Ministry of Public Works & Urban Development, Government of Bangladesh and others, 1991, 20 CLC (HCD)

....nt: AM Mahmudur Rahman J Mahmudul Amin Choudhury J Yunus Mia (Md.) and others..........................Petitioners Vs. The Secretary, Ministry of Public Works & Urban Development, Government of Bangladesh and others.........................Respondents Judgment April 28, 199......ion under Article 102 of the Constitution. In view of our aforesaid discussion, we discharge the Rule without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 498...

Category: Property Law | Date: | Hits: 79

Ms. Ok-Kyung Oh, Dhaka Vs. Tea Hung Packaging (Bd) Ltd. and Others, 2011, 40 CLC (AD)

....Courts seeking coercive order to secure production of required documents; the Registrar can direct a Company to correct the documents supplied and may also report the circumstances of the case to the Government and the Government may, in turn, initiate criminal proceedings in appropriate circumstanc......d judgment and order. In the result, the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 1, 32 BLD (AD) (2012) 16; 9 ADC (2012) 472. ..

Category: Company Law | Date: | Hits: 235

Principal, Fulbaria College, Mymensingh Vs. Md. Helaluddin and Others, 2010, 39 CLC (AD)

....05 on behalf of the appellant that the teachers and employees of Fulbaria College including the writ petitioner gave an under taking on 15th September, 2001 to the effect that they would withdraw the Government's portion of the salary and benefits on the basis of their entitlement in the manner the ......authority. According to the writ petitioner, he joined the Sahabuddin College, Fulbaria, Mymensingh as lecturer on 1st November, 1992 on a monthly scale of Tk. 3,200/-. After completion of 8 years in service the college authority on 21st December, 1999 recommended to the writ respondent No.3 for giv..

Category: Employment/Service Law | Date: | Hits: 204

Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)

.... High Court Division (Special Original Jurisdiction) Present: Mohammad Ismail Uddin Sarker J Badrul Islam Chowdhury J Professor Golam Azam…………………..Petitioner Vs. Government of Bangladesh and others.................Respondents Judgment August 12, 1992. R......every citizen, the petitioner should be deemed to be a citizen of Bangladesh. The learned Attorney‑General, however, has pointed out that the petitioner was described in the voter list of 1983 as a service‑holder and in the voter list of 1990 as a businessman and because of this mis‑descriptio..

Category: Immigration and Citizenship Law | Date: | Hits: 343

Hansa International and another Vs. Eastern Pharma Ltd., 1993, 22 CLC (HCD)

....sets of its own to the costs and expenses for its dissolution. The Official Liquidator, in such a situation, in my opinion, is left with no other alternative but to seek fund for dissolution from the Government. The Official liquidator as I understand and Mr. Ahmed Nurur Reza also informs me that th......th the direction that the Official Liquidator is to seek fund from the Government for the purpose of dissolution of Eastern Pharma Ltd. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 482...

Category: Company Law | Date: | Hits: 205

Maulana Motiur Rahman Nizami Vs. State, 2010, 39 CLC (HCD)

.... of 2010 pending before the International Crimes Tribunal, Dhaka. 2. It has been stated in the petition that the petitioner is the Ameer of Jamaat-e-Islami, Bangladesh. He is an ex-Minister of the Government of the People's Republic of Bangladesh. However, on 26-7-2010, upon an application by the......re led to hold that the instant petition under section 561A of the Code of Criminal Procedure is incompetent and as such it is rejected in limine. This Case is also Reported in: 16 BLC (2011) 808. ..

Category: Criminal Law | Date: | Hits: 103

Hassan MS Azim and three others Vs. Bangladesh, 2010, 39 CLC (HCD)

....d others, PLD 1996 Supreme Court 324;Bangladesh, represented by the Secretary, Ministry of Justice and Parliamentary Affairs Vs. Md. Idrisur Rahman, Advocate, 29 BID (AD) 79; SN Goswami, Advocate Vs. Government of the People's Republic of Bangladesh, 55 DLR 332. Lawyers Involved: Hassan MS Az......cule. On the other hand, he submitted that the appointment of the Chief Justice of any country should be based on merit. He pointed out that the position of Chief Justice is not simply to provide the service of a judicial officer, but also involves many other administrative functions for which exper..

Category: Constitutional Law | Date: | Hits: 228

Habibullah (Md.) and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)

....adesh and others……………………………………...Respondents Judgment January 28, 2007. Cases Referred To- Sankar Gopal Vs. Additional Commissioner 41 DLR 326; Md. Ismail Vs. Government of Bangladesh 34 DLR (1982) 4. Lawyers Involved: Md. Nazrul Islam with AHM Kamruzza...... In light of the above, this Court finds substance in the Rule. In the result, the Rule is made absolute. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 794. ..

Category: Property Law | Date: | Hits: 104

Government of Bangladesh Vs. M Anwar Hossain and others, 2011, 40 CLC (AD)

....ion (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Md. lmmanAli J Md. Mamtaz Uddin Ahmed J Md. Shamsul Huda J Government of Bangladesh, represented by the Secretary, Ministry of Land, Dhaka and others................judgment of the High Court Division is set aside. These petitions are disposed of with the above observations. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 155, VIII ADC (2011) 901. ..

Category: Property Law | Date: | Hits: 68

Md. Rafiqul Islam Faruque Vs. Government of Bangladesh, repre­sented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, and others, 2009, 38 CLC (AD)

....(Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Abdul Matin J ABM Khairul Haque J Md. Rafiqul Islam Faruque ………………………............Petitioner Vs. Government of Bangladesh, repre­sented by the Secretary, Ministry of Law, Justice and Parliamentary......r Rahman, the learned Advocate-on-Record, failed to dislodge this finding of the High Court Division. Accordingly, this petition is dismissed. This Case is also Reported in: VIII ADC (2011) 439. ..

Category: Procedural Law | Date: | Hits: 76

Government of Bangladesh and others Vs. Ansarul Huq, 2011, 40 CLC (AD)

....d. This Case is also Reported in: VIII ADC (2011) 434. ......e Administrative Tribunal Act before the Administrative Tribunal, Dhaka being Administrative Tribunal Case No. 145 of 2006 claiming pension benefits. According to him after completion of 57 years in 'service, he went on LPR with effect from 19th January, 2005 and there­after, he retired from the se..

Category: Administrative Law | Date: | Hits: 206

Bangladesh Vs. Md. Ataur Rahman and others, 2011, 40 CLC (AD)

.... judgment and order dated 4.2.2010 passed by the High Court Division in Writ Petition No.11685 of 2006.) Order Surendra Kumar Sinha J. - This petition for leave to appeal at the instance of the Government of Bangladesh is directed from a judgment of the High Court Division in Writ Petition No.......vices of Bangladesh of the Warrant of Precedence, 1986 issued by the petitioner. 2. Facts relevant for the disposal of this petition are succinctly stated below: 3. The Judicial Service is not 'service' in the sense of employment. The Judges are not employees, as members of the Judiciary, they..

Category: Constitutional Law | Date: | Hits: 441

Md. Nurul Hussain Vs. Bangladesh Muktijoddhya Kallayan Trust, represented by its Chairman, 88, Motijheel Commercial Area, P.S. Motijheel, Dhaka and others, 2011, 40 CLC (AD)

....tional Custodian Enemy Property (Judge) by a Gazette Notification published on Friday, the 12th May, 1967 from Karachi. After the independence, the property automati­cally stood vested in Bangladesh Government. 4. Subsequently as per letter of the Bangladesh Government dated 10.7.1973, in total ......ral and documentary, and as such no interference is called for. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 410. ..

Category: Property Law | Date: | Hits: 82

Mohammad Hossain and others Vs. Additional Deputy Commissioner (Revenue) and Assistant Custodian, Vested and non-resident properties, Noakhali and others, 2011, 40 CLC (HCD)

....of the plaint. It is their Case that the Hindu original owners of the suit property left this country on the eve of Pak-Bharat war of 1965, as such, schedule property has been recorded in the name of Government as enemy property in V.P. Case No. 2/81-82 and by paying lease money lessees of the Gover...... parliamentary affairs, Government of Bangladesh. Send down the lower Court record. Communicate this order at once. Ed. Md. Nuruzzaman J.-I agree. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 66

Government of the People's Republic of Bangladesh Vs. Subordinate Judge, 4th Court and Arbitrator, Dhaka and Others, 1992, 21 CLC (HCD)

.... Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 391.......respect of deceased respondent No.2 Md. Ishaque Miah. The writ application may however be continued to terminate in due process of law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 391...

Category: Alternative Dispute Resolution | Date: | Hits: 213

lqbal Ahmed Quraishi Vs. Bangladesh represented by the Secretary, Ministry of Works, Government of the People's Republic of Bangladesh, Dhaka, 1991, 20 CLC (HCD)

....diction) Present: Qazi Shafiuddin J Mainur Reza Chowdhury J lqbal Ahmed Quraishi...........................Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Works, Government of the People's Republic of Bangladesh, Dhaka...........................Respondents Ju......ade without lawful authority and to be of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 416. ..

Category: Property Law | Date: | Hits: 86