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Government of Bangladesh Vs. AAM Salekuzzaman and another, 2000, 29 CLC (AD)
....Order of the Court: By a majority decision the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 166. ...... legally justified. 5. In the appeal the Appellate Tribunal agreed with the aforesaid findings of the Tribunal even though it was pointed out that it escaped the notice of the learned member of the Administrative Tribunal, that it was not disputed by the respondent that he was duly ......Order of the Court: By a majority decision the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 166. ......Order of the Court: By a majority decision the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 166. ..Category: Administrative Law | Date: | Hits: 94
Shahe Alam (Md) Vs. Md. Golam Sarwar and others, 2000, 29 CLC (AD)
.... instituted Election Petition No. 3, of 1998 before the Tribunal praying for a declaration that the election held was void on certain grounds and that the petitioner was disqualified to contest the post of the Chairman as he was below 25 years and also on other ground Respondent No. 4 also filed ......o substance in this petition. The petition is therefore dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 164. ......Division dispensed with the service of notices upon opposite party Nos. 2 to 5. 2. The short fact leading to this petition is that on 11-12-1997 election for the constitution of No. 3 Atmol Union Parishad under Shibganj police station of Bogra was held and in that election respondents wer......on dispensed with the service of notices upon opposite party Nos. 2 to 5. 2. The short fact leading to this petition is that on 11-12-1997 election for the constitution of No. 3 Atmol Union Parishad under Shibganj police station of Bogra was held and in that election respondents were cont..Category: Election Law | Date: | Hits: 112
ASF Rahman and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
.... authorises a Bank to issue notices for realisation of advance loan, instalment, interest and other dues realisable by the company, the consequence for non-compliance with such notices being that the post of a defaulting Director would fall vacant as envisaged under the said sub-section. The Managin......for grant of leave in this case or to interfere with the ultimate decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 61. ......for grant of leave in this case or to interfere with the ultimate decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 61. ......for grant of leave in this case or to interfere with the ultimate decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 61. ..Category: Banking Law | Date: | Hits: 139
Mozzammel Haq Vs. Bangladesh and others, 1978, 7 CLC (AD)
.... on December 20, 1976, the ground being that his nomination paper like theirs bore the wrong number of word. The appellants as well as the other candidates for membership and two candidates for the post of the Chairman in the union of whose nomination paper were also rejected on the same ground ......rds as per notification issued on November 30, 1976 and also for holding fresh election. 2. The appellant's case is that he, being a voter of Union Char Gazi, submitted nomination paper, for membership duly proposed and seconded by two voters of ward No. 1 describing ward No. 2 in pl...... respondent No. 2 to make delimitation of the wards as per notification issued on November 30, 1976 and also for holding fresh election. 2. The appellant's case is that he, being a voter of Union Char Gazi, submitted nomination paper, for membership duly proposed and seconded by two voter......d on December 9, 1976. According to this notification which was issued on November 30, 1976, two areas namely (1) South Toomchar and (2) Southern portion of Char Afzal up to Rashidia Road of Union Parishad No. 10 Char Ramiza were included in the Union Parishad No. 12 of Char Gazi of P. S. Ramgat..Category: Election Law | Date: | Hits: 114
Bangladesh Vs. Md. Salahuddin Talukder, 2004, 33 CLC (AD)
....nt and Service Terms and Conditions Act, 2000 (XX of 2000), section 8 Provision invoking Article 136 of the Constitution has been made for creation, amalgamation and unification if any such posts but has only provided certain provision for transfer of First and Second Class Officer (Non-C......persons in their respective class are equal and similarly situated and are treated alike and similar" people would be dealt with in a similar way and the Act is being applied uniformly to all members of their respective class. Thus the classification made under section 8 of the Act XX of 20......……(14) Cases Referred To: Azizul Huque Sikder and others vs Collector of Customs 49 DLR (AD) 172; Mujibur Rahman vs Bangladesh 44 DLR (AD) 111; JB Sampath Kumar vs Union of India, AIR 1937 SC 387 and Chopra vs Union of India AIR 1987 SC 357. Lawyers I......le absolute in Writ Petition No. 5981 of 2000 are hereby set aside and the Rule nisi accordingly stands recalled. Ed. This Case is also Reported in: 2006 (XIV) BLT (AD) 60. ..Category: Constitutional Law | Date: | Hits: 133
Government of Bangladesh and another Vs. Sheikh Hasina and another, 2008, 37 CLC (AD)
.... Judgment May 8, 2008. The Constitution of the People’s Republic of Bangladesh, 1972, Article 35(1) Article 35(1) of the Constitution only prohibits conviction or sentence under an ex post facto law (a law having retrospective effect) but not the trial itself. A person accused of an ......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. ......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. ..Category: Civil Law | Date: | Hits: 254
Government of Bangladesh Vs. Md. Shamsul Huda and others, 2008, 37 CLC (AD)
....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. ......ourt Division excluding the writ petitioners and others on 21-2-2003. Some learned Advocates including the president of the Bar and others met the learned Chief Justice and expressed concern of the members of the Bar and in course of discussion the learned Chief Justice stated that he had recomme......Court shall ensure adequate safeguard against disclosure…………(39) Cases Referred To- SP Gupta vs. President of India AIR 1982 (SC) 149; K Jain vs. Union of India AIR 1993 (SC) 1769; SR Bommai vs. Union of India AIR 1994 (SC) 1918; New York Times ......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. ..Category: Constitutional Law | Date: | Hits: 124
Sarder M. Hashim Zaman & ors Vs. Thana Nirbahi Officer, Mithapukur, Rangpur & ors, 2008, 37 CLC (AD)
....3-1-1993 had no authority or competence to reappoint them on 12-11-1993. The learned Single Judge of the High Court Division noticed that although the defendants denied to have resigned from their post as teachers of the said school the plaintiffs failed to prove the signature of the said defend......inding effect on the Ad hoc Managing Committee as it was not made a party to the said suit (Other Suit No.11 of 1993). We have noted that the said Ad hoc Managing Committee was comprised of 6(six) members and of them Shah Md. Mizanur Rahman was the Chairman of the said Committee. Only 2(two) mem......y;ed teachers of the said school. Accordingly, the appeal is allowed in part without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 55. ......y;ed teachers of the said school. Accordingly, the appeal is allowed in part without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 55. ..Category: Civil Law | Date: | Hits: 110
Abdul Mannan Bhuiyan and another Vs. State, 2007, 36 CLC (AD)
....gment and order of the High Court Division is set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 49; V ADC (2008) 150. ......assembly punishable under Section 143 of the Penal Code. Similarly every assembly of five persons or more to protest or to oppose hartal shall be an unlawful assembly. Activities of the members of these assemblies shall be cognizable offence according to their behaviour unde......d judgment and order Mr. Abdul Mannan Bhuiyan, General Secretary (as he then was) Bangladesh Nationalist Party filed Criminal Appeal No.24 of 1999 and Amanullah Kabir, President, Bangladesh Federal Union of Journalists who was an intervenor in the High Court Division preferred Criminal Appeal No.......gment and order of the High Court Division is set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 49; V ADC (2008) 150. ..Category: Criminal Law | Date: | Hits: 79
Md. Muinuddin Zulfiquer Vs. Bangladesh, 2006, 35 CLC (AD)
....nuary 23,1986) 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 Res......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. ......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. ......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. ..Category: Employment/Service Law | Date: | Hits: 79
Mahfuzul Hoque and ors Vs. Collector of Customs, Customs House, Chittagong & ors, 2005, 34 CLC (AD)
.... 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. ......m where the goods are imported from time to time is being done on the basis of recommendation of high powered committee consisting of representative of the concerned Ministries, concerned members of the Chambers of Commerce and Industries, representatives of the concer...... 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. ...... 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. ..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. ......1-3-1995 and also for a declaration that the Ministry of Finance had no jurisdiction to deny his pay and allowances since the date of his reinstatement in service on 1-4-1995. 4. The learned member of the Administrative Tribunal, Bogra refused to grant the appellant's arrear salary an...... 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. ...... 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. ..Category: Administrative Law | Date: | Hits: 132
Upendra Chandra Rishi and ors. Vs. Sufia Begum and ors., 1990, 19 CLC (AD)
.... No. 589 of 1980. Order nos. 4-7 read as follows: "4. 12.7.80. Summons served. Plaintiff files hazira. Service report appears to be not satisfactory. Issue summons upon the defendants through regd post. To 24.7.80 for requisites. Sd./- ZH Md. Daud. 5. 14.7.80 Plaintiff files a petition pray.......12.80 passed in Title Suit No. 789 of 1980 is set aside and the said suit is restored to its file and number. Ed. This case is also reported in: 42 DLR (AD) (1990) 285; 1990 BLD (AD) 194. .......12.80 passed in Title Suit No. 789 of 1980 is set aside and the said suit is restored to its file and number. Ed. This case is also reported in: 42 DLR (AD) (1990) 285; 1990 BLD (AD) 194. .......12.80 passed in Title Suit No. 789 of 1980 is set aside and the said suit is restored to its file and number. Ed. This case is also reported in: 42 DLR (AD) (1990) 285; 1990 BLD (AD) 194. ..Category: Procedural Law | Date: | Hits: 116
Rabia Bhuiyan, MP Vs. Ministry of LGRD & others, 2005, 34 CLC (AD)
....d all avenues for increasing the awareness in this matter should be utilised, including the mass media and the communication facilities of government/nongovernmental organisations and specific posters, leaflets and other communication materials should be developed for this purpose. 8...... Nos. 5 and 6, as has been enunciated in paragraph 2 of the writ petition details and the inaction of the respondents is leading to cancer and death due to drinking of arsenic contaminated water by members of the public and that the High Court Division fell in error in finding that the appellant......al Development & others... ..................Respondents Judgment August 27, 2005. Cases Referre to: Virendar Gaur vs. State of Haryana (1995)2 SCC 577; Vineet Narain vs Union of India, AIR 1998 SC 889; MC Mehta vs Union of India, 1999 (6) SCC 12; Dr. Mohiuddin Farooqu......imposed under existing laws on public authorities to take steps to seal arsenic contaminated tubewells and to provide for safe water supply. The local government bodies namely, Pourashava and Union Parishads have specific legal obligations to provide clean water supplies to the community. Under ..Category: Environmental Law | Date: | Hits: 255
Muinuddin Zulfiquer (Md) Vs. Government of the Republic of Bangladesh, 2006, 35 CLC (AD)
....nuary 23, 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.......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. ......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. ......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. ..Category: Employment/Service Law | Date: | Hits: 76
Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
....rosecution examined 18 witnesses, tendered 2 witnesses and the defence examined 3 witnesses. 55. Of the 20 witnesses examined by the prosecution PW1 is the informant. PW 2 Dr Hasanuzzaman held post-mortem examination on the dead body of Zafar Ahmed Chowdhury. He stated that he found one cut t......W 1, was sent to the medicine shop of Zafar, but there also he was not available. At about 8-30 AM some people raised hue and cry stating that Zafar was found killed with his body cut up. PW 1, other members of his family and neighbours went to the south-east corner of Kumaria tank, to the south-eas......n absence of the Upazila Magistrate that day. PW 18, UNO said that on that particular day he had taken the "Police file only"; he denied the suggestion that he was influenced by Chairman of the local Union Parishad in recording the statement of PW3 and that the statement he recorded was not made i......nce of the Upazila Magistrate that day. PW 18, UNO said that on that particular day he had taken the "Police file only"; he denied the suggestion that he was influenced by Chairman of the local Union Parishad in recording the statement of PW3 and that the statement he recorded was not made in his ..Category: Criminal Law | Date: | Hits: 74
Shaikh Abdul Quader Vs. Chairman, Bangladesh Agricultural Development Corporation, 1978, 7 CLC (AD)
.... petition to decide whether the said view of the learned Judges of the High Court was correct. We do not find anything to interfere with the order. The petition is dismissed.. Ed. ...... petition to decide whether the said view of the learned Judges of the High Court was correct. We do not find anything to interfere with the order. The petition is dismissed.. Ed. ...... ……..…………. Respondents Judgment August 31, 1977 Cases Referred to: Syed. Md. Sakk Vs. Bangladesh (1975)27 DLR 328; P. R. Nayek Vs Union of India, AIR 1972 (SC) 554; Mian Md. Hiyat Vs Province of West Pakistan, (1964) 16 DLR (SC) 2...... petition to decide whether the said view of the learned Judges of the High Court was correct. We do not find anything to interfere with the order. The petition is dismissed.. Ed. ..Category: Employment/Service Law | Date: | Hits: 79
Dr. Abdur Rahman and others Vs. Bangladesh, 1978, 7 CLC (AD)
....rightly exercised their revisional jurisdiction in setting aside the order of the learned Subordinate Judge. The result therefore is that the appeal is dismissed with costs. Ed. ......rightly exercised their revisional jurisdiction in setting aside the order of the learned Subordinate Judge. The result therefore is that the appeal is dismissed with costs. Ed. ......rightly exercised their revisional jurisdiction in setting aside the order of the learned Subordinate Judge. The result therefore is that the appeal is dismissed with costs. Ed. ......rightly exercised their revisional jurisdiction in setting aside the order of the learned Subordinate Judge. The result therefore is that the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 36
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. ......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. ......ssed in Election Tribunal Case No. 6 of 1977 by respondent No. 1 declaring the election of the appellant void and declaring responded No. 2 duly elected Chairman of No. 18 Narayanganj (South) Union Parishad, under P.S. Matlab, District Comilla as have been passed without lawful authori......n Election Tribunal Case No. 6 of 1977 by respondent No. 1 declaring the election of the appellant void and declaring responded No. 2 duly elected Chairman of No. 18 Narayanganj (South) Union Parishad, under P.S. Matlab, District Comilla as have been passed without lawful authority and..Category: Election Law | Date: | Hits: 122
Solicitor represented by State, Govt of of Bangladesh Vs. Anisuzzaman Chy & or, 2006, 35 CLC (AD)
.... High Court Division do not suffer from any illegality for our interference. Accordingly, we find no cogent ground for granting leave. This petition is dismissed. Ed. ...... High Court Division do not suffer from any illegality for our interference. Accordingly, we find no cogent ground for granting leave. This petition is dismissed. Ed. ...... High Court Division do not suffer from any illegality for our interference. Accordingly, we find no cogent ground for granting leave. This petition is dismissed. Ed. ...... High Court Division do not suffer from any illegality for our interference. Accordingly, we find no cogent ground for granting leave. This petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 88
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