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M. M. Mahboob and others Vs. Sk. Abdur Rashid and others, 2004, 33 CLC (AD)
....icers in 1981 and 125 in 1982 and 58 in 1983 from Class-II to Class-I posts. 100 officers were recruited in 1982 and 650 officers in 1983 through regular BCS examination Class-I posts. Accordingly, a total of 1007 officers, both promotees and direct recruits were appointed in Class-I post up to 1983......ected themselves in making the Rule absolute. In the result, we find substance in the appeal and accordingly, the appeals are allowed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 266. ......-petition was not maintainable as it related to enforcement of terms and conditions of service and right to promotion and their remedies lie before the Administrative Tribunal which has the exclusive jurisdiction over such matters. The case of the appellants of Civil Appeal No.199 of 2000 was that t..Category: Employment/Service Law | Date: | Hits: 149
....the charges framed against the respondent; the Inquiry Committee gave the respondent adequate opportunity to defend his case and also to appear before them for personal hearing but the respondent, in total disregard of the same, stayed away; then the Inquiry Committee upon examining the relevant pap......y.
6. As it appears the High Court Division made the Rule absolute holding that in Civil Petition for Leave to Appeal No.367 of 1995 it was held by the Appellate Division that a Statutory Body, in absence of any service rules of its own, may follow the Government Servants (Discipline and Appeal) ......t any illegality or infirmity in the decision of the High Court Division so as to call for interference.
The petition is dismissed.
Ed.
This Case is also Reported in: 20 BLT (AD) (2012) 263.
..
Category: Labour and Industrial Law | Date: | Hits: 832
Kabiruddin Ahmed Vs. Akmal Hossain and others, 1995, 24 CLC (HCD)
.... no order as to costs. Let a copy of this Judgment and order be sent to the Chief Election Commissioner for his taking necessary steps. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 245.......Central Exchange Bank Ltd. Vs. Ch. Dilwar Khan and others it has been observed that: “It was laid down in the, King Vs. Chandra N Dharma (1) and it appears to me to be well‑settled that in the absence of anything to the contrary, a law of limitation, either extending or bridging the time duri...... no order as to costs. Let a copy of this Judgment and order be sent to the Chief Election Commissioner for his taking necessary steps. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 245...Category: Election Law | Date: | Hits: 301
....bordinate Judge. In this view of the matter, the appeal fails.
In the result, the appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 243.......bordinate Judge. In this view of the matter, the appeal fails.
In the result, the appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 243.......bordinate Judge. In this view of the matter, the appeal fails.
In the result, the appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 243...
Category: Alternative Dispute Resolution | Date: | Hits: 263
Sarada Bala Sen Vs. Sheikh (Md.) & others,1995, 24 CLC (HCD)
....the above decision, the connected application is however rejected. Communicate this order to the Court below at interest of justice. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 239.......C execution case pending in the Court of the Assistant Judge, 1st Court, Chittagong, in view of the impugned order, there is no legal bar for the Executing Court to proceed with die Execution case in absence of the decree‑holder‑defendant appellant and, as such, the impugned order passed by the ......lated in rule 2 of the said Order must be proved before an order of temporary injunction is passed, but the case is different here. In fact, the relief of injunction was sought for under the inherent jurisdiction of the Court and the same was accordingly granted for the ends of justice. Hence, the d..Category: Civil Law | Date: | Hits: 130
Bazlu Talukder and 2 others Vs. State, 1995, 24 CLC (HCD)
....t of arrest issued against absconding‑convict Badal Talukder in connection with this Sessions Case stands withdrawn and cancelled. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 509. ......t of arrest issued against absconding‑convict Badal Talukder in connection with this Sessions Case stands withdrawn and cancelled. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 509. ......t of arrest issued against absconding‑convict Badal Talukder in connection with this Sessions Case stands withdrawn and cancelled. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 509. ..Category: Procedural Law | Date: | Hits: 85
Nizamuddin Dhali (Md.) Vs. State, 1993, 22 CLC (HCD)
....r, the learned Advocate for the appellant contends that in this charge the provisions of section 234 have also been‑violated by holding one trial with respect to separate offence of breach of trust totalling more than three and spread over a period of 3 years. I find no, substance in this contenti......he light of the observations made in the body of this Judgment. The accused appellant may be allowed to remain on bail pending trial. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 507. ......he light of the observations made in the body of this Judgment. The accused appellant may be allowed to remain on bail pending trial. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 507. ..Category: Criminal Law | Date: | Hits: 95
Aminur Rashid Vs. Collector of Customs, Customs House, Chittagong and others, 1996, 25 CLC (HCD)
....refore, find no merit in the contention of the learned Advocate for the petitioner. In the result the Rule is discharged with cost. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 503. ......refore, find no merit in the contention of the learned Advocate for the petitioner. In the result the Rule is discharged with cost. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 503. ......refore, find no merit in the contention of the learned Advocate for the petitioner. In the result the Rule is discharged with cost. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 503. ..Category: Fiscal/Taxation Law | Date: | Hits: 204
Bangladesh Bank Vs. Md. Kasedul Haque Majumder, 2003, 32 CLC (HCD)
....k. 2500000.00 at least. The opposite party sustained loss on several other counts as well and by accumulating claims for compensation etc. under different heads, laid a demand to the petitioner for a total amount of Tk. 5663803.00. Despite recurring request the petitioner gave no heed to the said de...... against a decision under section 8(1)(a) of the Arbitration Act, 1940 open to us to make a finding of facts on the question as to whether the work has been completed or not since the dispute, in the absence of a certificate, is not referable to the Arbitration, question of appointment of an arbitra...... the Arbitration Act of 1940 (Act X of 1940), was very limited indeed and is circumscribe by the terms of the contract itself. He concluded by submitting that the learned Court below acted beyond his jurisdiction by making the impugned order. 8. Mr. Shahidul Islam, the learned Advocate in advanci..Category: Alternative Dispute Resolution | Date: | Hits: 218
Md. Aminul Haque Helal Vs. Mr. Justice Sultan Hossain Khan and others, 2006, 35 CLC (HCD)
....Act. It is however stated that the post of the chairman of the ACC not being a post of the service of the Republic, the question whether the Chairman performs a judicial or quasi judicial function is totally irrelevant. 8. The respondent No.2 also filed affidavit-in-opposition contending, inter a......of Article 135 of the Constitution. Article 133 enables the Parliament to make laws providing the terms and conditions of the services of the Republic and the President to make rules therefore in the absence of a law made by Parliament. But this power being subject to the provisions of the Constitut......ove the petitioners case. In view of our discussions and findings made above, this rule is discharged without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 1. ..Category: Constitutional Law | Date: | Hits: 228
Md. Warish Uddin Chowdhury Vs. Bangladesh and others, 2008, 37 CLC (AD)
....The petitioner has fulfilled all conditions set out in the license. The Mills generates income and revenue for the Government besides creating employment opportunity for the local people. Currently a total of 10 persons are employed by the Mills. On 22.02.1999 four months prior to the expiry of the ......e above, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 253.......e above, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 253...Category: Others | Date: | Hits: 127
Dhaka Leather Complex Ltd. BCIC Vs. Sikder Construction Ltd. and another, 2003, 32 CLC (HCD)
....order as to cost. Order of stay granted in the Rule on 10-9‑2002 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 578.......order as to cost. Order of stay granted in the Rule on 10-9‑2002 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 578.......order as to cost. Order of stay granted in the Rule on 10-9‑2002 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 578...Category: Alternative Dispute Resolution | Date: | Hits: 190
Bangladesh Parjatan Corporation Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)
....ral Managers, namely, Ahmed Kamal and Khalilur Rahman will go on LPR from 01.06.2006 and 11.09.2006, i.e. within 6(six) months time, there will be two more vacant posts of General Manager raising the total vacant posts to six. These being the factual position, we do not see any bona fide in the deci...... writ-respondent-appellants herein to reinstate him in his post with all his due back wages and benefit. The appeals are dismissed. No order as to cost. Ed. This Case is also Reported in: ......impliciter and in terminating the petitioner from service, no illegality has been committed by the Corporation. The Corporation did not violate any law, rule or regulation and did not also act beyond jurisdiction. The writ petition filed on the disputed question of facts was not maintainable and the..Category: Employment/Service Law | Date: | Hits: 156
Delwar Hossain and others Vs. Janata Bank and others, 2003, 32 CLC (HCD)
....l Court, we award cost of Taka 5,000 (five thousand) only upon them. Cost shall be paid to the decree holder respondent Janata Bank. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 585. ......l Court, we award cost of Taka 5,000 (five thousand) only upon them. Cost shall be paid to the decree holder respondent Janata Bank. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 585. ......dalat, Khulna in Artha Rin Case No.54 of 1998 without resorting to remedies available to them under Artha Rin Adalat Ain of 1990 laid a suit being Title Suit No.1 of 2002 in a court of ordinary civil jurisdiction, that is First Court of Joint District Judge, Khulna, against decree-holder Janata Bank..Category: Procedural Law | Date: | Hits: 84
Ishaque Mia (Md.) & another Vs. Abdul Mazid Mollah & others, 1995, 24 CLC (HCD)
.... of Upazila Munsif, Upazila Moladi and the same was re‑numbered as Tide Suit No.197 of 1985. 3. Case of the plaintiff petitioners was that the original recorded tenant of SA Khatian No.97 and 98 totalling 4.18 acres of land were Kali Charan Somadder, Bipin Behari Somadder, Moni Mohan Somadder, ......he trial Court having found that the plaintiffs had failed to prove their title and possession ought to have held that the suit was not maintainable under section 42 of the Specific Relief Act in the absence of prayer for consequential relief. The suit for a simple declaration was not maintainable u...... No.156 of 1977 before the Court of Munsif (6th Court of Barisal) for declaration that the 'Ka' schedule decree in Title Suit No.561 of 1976 is illegal, fraudulent, inoperative, null and void without jurisdiction and not binding upon the plaintiffs. Thereafter the case was transferred in the Court o..Category: Civil Law | Date: | Hits: 130
Sharon Laily Begum Jalil Vs. Abdul Jalil and others, 1995, 24 CLC (HCD)
....e in the house informing further that the petitioner had been illegally keeping immoral connection with one Masud and had been living with him at home and outside. It was reported that the petitioner totally neglected her children and even would not give any care to the breast sucking baby and threa......ent to her father's house at her own will and that for the welfare of the children they were brought to Bangladesh with the petitioner but the petitioner totally disregarded her responsibility in the absence of respondent No.1 which has seriously affected the welfare of the minor children. It is sta...... Division). The High Court of Justice was pleased to pass an order on 12‑7‑95 directing that the detenu children be made wards of the Court and that they be returned by the respondent No.1 to the jurisdiction of the Court. The Court of Justice by an order dated 14‑7‑95 directed that the resp..Category: Family Law | Date: | Hits: 166
Abdur Razzaque @ Geda Vs. State, 1995, 24 CLC (HCD)
....e leveled against him and is acquitted of the same. He may be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 457.......udge but the same was not read over to the accused and furthermore there was no signature of the teamed Judge in the aforesaid charge, as such, the learned Judge found that the trial concluded in the absence of any charge and on 14‑8‑91 the learned Judge framed the new charge which was read over......537 CrPC has dealt with the error or omission in the charge of proceeding laid down: "Subject to the provisions hereinbefore contained, no finding, sentence or order passed by a Court of competent jurisdiction shall be reversed or altered under Chapter XXII or an appeal or revision on account- ..Category: Criminal Law | Date: | Hits: 144
Md. Nafaruddin Mollah Vs. Md. Serajuddin Khan & Others, 2007, 36 CLC (AD)
....ce with the impugned judgment. In the result, the application has no merit and accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 164. ......ce with the impugned judgment. In the result, the application has no merit and accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 164. ......he subsequent order passed by the Additional Commissioner, Rajshahi Division, on 04.11.1984 affirming the said cancellation of the plaintiff's permanent settlement is illegal, ineffective and without jurisdiction. 3. The plaintiff-respondent filed the suit in respect of the schedule 'A' of the pl..Category: Property Law | Date: | Hits: 116
Abdus Salam Vs. Md. Ustar and another, 1982, 11 CLC (HCD)
....ge 1124). In the result this rule fails and it is accordingly discharged without any order as to cost. The stay order is vacated. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 65. ......ge 1124). In the result this rule fails and it is accordingly discharged without any order as to cost. The stay order is vacated. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 65. ......ge 1124). In the result this rule fails and it is accordingly discharged without any order as to cost. The stay order is vacated. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 65. ..Category: Property Law | Date: | Hits: 113
Nitai Ch. Shaha and another Vs. M/s. City Ice and Cold Storage Ltd. and others, 1982, 11 CLC (HCD)
....d Subordinate Judge are set aside and the plaintiff opposite party's petitions for amendment are rejected. Ranadhir Sen J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 61.......d Subordinate Judge are set aside and the plaintiff opposite party's petitions for amendment are rejected. Ranadhir Sen J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 61.......d Subordinate Judge are set aside and the plaintiff opposite party's petitions for amendment are rejected. Ranadhir Sen J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 61...Category: Civil Law | Date: | Hits: 132
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