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Enamul Huq and another Vs. State, 2006, 35 CLC (AD)
....chauki at his residence and P.W.2 Maksudur Rahman and others told him that Shanu was murdered by accused Enamul Haq. P.W.11, Dr. Habibur Rahman, Medical Officer, Sadar Hospital, and Patuakhali held post-mortem examination over the deadbody of deceased Shajahan @ Shanu brought and identified by co...... 16. In view of the discussion above, we are of view that the High Court Division was well justified in dismissing the appeal. Accordingly, the petition is dismissed. Ed. ...... 16. In view of the discussion above, we are of view that the High Court Division was well justified in dismissing the appeal. Accordingly, the petition is dismissed. Ed. ...... 16. In view of the discussion above, we are of view that the High Court Division was well justified in dismissing the appeal. Accordingly, the petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 43
Md. Abdur Razzaque Vs. Chief Election Commissioner, 2006, 35 CLC (AD)
....ion dated 7.10.2004 passed by the respondent No. 2 for holding by-election with the previous candidates except the petitioner. 2. On the basis of notification for holding by-election to the post of Chairman, the petitioner along with others filed nomination paper on 1.1.2003. On 2.1.2003......ter, there is no substance in the submission of the learned Counsel for petitioner. The petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 416. ......ed. That the petitioner thereafter moved the High Court Division in Writ Petition No.455 of 2003 wherein while issuing the rule the petitioner was allowed to contest the election of No.3 Thakurkona Union Parishad under district Netrokona but the result of the election shall abide by the final de......t the petitioner thereafter moved the High Court Division in Writ Petition No.455 of 2003 wherein while issuing the rule the petitioner was allowed to contest the election of No.3 Thakurkona Union Parishad under district Netrokona but the result of the election shall abide by the final decision ..Category: Election Law | Date: | Hits: 116
Government of Bangladesh Vs. Md. Sultan Ahmed, 2006, 35 CLC (AD)
....'s service under the Government. He was absorbed as a surplus officer as Assistant Director in the N.S.I. It is also not disputed that under the N.S.I, the respondent was absorbed in an equivalent post and not in a higher post. So, in our view, there is no cogent reason to deprive the respondent......s, we do not find any cogent reason to interfere with the impugned judgment. The leave petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 378. ......s, we do not find any cogent reason to interfere with the impugned judgment. The leave petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 378. ......s, we do not find any cogent reason to interfere with the impugned judgment. The leave petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 378. ..Category: Administrative Law | Date: | Hits: 111
Sree Hare Krishna Das Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....ring the review petition filed by the petitioner, rejected the same. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 146. ......direction given by the High Court Division of the Supreme Court of Bangladesh in Writ Petition No. 396/89 as preferred by the petitioner, appropriate review committee was formed consisting of 5 members, Additional Secretary in-charge of Ministry of Law and Justice being convenor of the said ......ring the review petition filed by the petitioner, rejected the same. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 146. ......ring the review petition filed by the petitioner, rejected the same. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 146. ..Category: Administrative Law | Date: | Hits: 92
M Sahabuddin Vs. State, 2006, 35 CLC (AD)
....Code. 4. Dr. Rafiqur Rahman, the learned Counsel, appearing for the petitioner, contended that the learned Judges of the High Court Division having gone through the first information report, post mortem report, charge-sheet and the deposition of the witnesses and having not considered tho......nations offered in the application for condonation of delay are far from satisfactory. For all the above reasons, we find no substance in this petition. Accordingly, it is dismissed. Ed. ......nations offered in the application for condonation of delay are far from satisfactory. For all the above reasons, we find no substance in this petition. Accordingly, it is dismissed. Ed. ......nations offered in the application for condonation of delay are far from satisfactory. For all the above reasons, we find no substance in this petition. Accordingly, it is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 34
Bangladesh Vs. AKM Enayetullah, 2006, 35 CLC (AD)
....r 16th December, 1971. 4. The respondent was also inducted in the Senior Service Pool as Deputy Secretary and the requirement of 10 years service as a Class One Officer for promotion to the post of Deputy Secretary as envisaged in Article 4(c) of the Senior Service Pool Order, 1979 was wa......y, the appellant, in utter disregard of the respondent's legitimate claim as endorsed by the Prime Minister of Bangladesh, retired the respondent on 11 May 2002 as an Additional Secretary and as a member of the Privatisation Commission. The respondent then filed a Writ petition before the High C......t aside and we set aside the impugned judgment of the High Court Division. In the result, the appeal is allowed with observation made hereinabove. No order is made as to cost. Ed. ......t aside and we set aside the impugned judgment of the High Court Division. In the result, the appeal is allowed with observation made hereinabove. No order is made as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 69
Abdul Mazid Khan (Md) Advocate Vs. State and another, 2006, 35 CLC (AD)
....g the needful in accordance with law, who is directed to inform this Court through the Registrar of the Supreme Court as to the action taken in the matter within 3 months from date. Ed. ......g the needful in accordance with law, who is directed to inform this Court through the Registrar of the Supreme Court as to the action taken in the matter within 3 months from date. Ed. ......g the needful in accordance with law, who is directed to inform this Court through the Registrar of the Supreme Court as to the action taken in the matter within 3 months from date. Ed. ......g the needful in accordance with law, who is directed to inform this Court through the Registrar of the Supreme Court as to the action taken in the matter within 3 months from date. Ed. ..Category: Criminal Law | Date: | Hits: 43
Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)
.... that in view of the socioeconomic background of our society as the women are lagging behind in all spheres of national life including administration at all levels for good reasons our Constitution postulates in Article 10 that steps shall be taken to ensure participation of women in all sphere of......ts of the petitioners. 3. All the above writ petitions were filed in the form of public interest litigations by women leaders, social workers and leaders of the political parties and certain other members of the civil society with important public image who have been advocating and fighting for t...... (SC) 21; Jalan Trading Company vs Mill Mazdoar Sabha AIR 1967 SC 69; Sheikh Abdus Sattar vs Returning Officer and others 41 DLR (AD) 30; Bangladesh vs Md Azizur Rahman 46 DLR (AD) 19; Sharfat Ali vs Union of India AIR 1974 SC 1631; CB Boarding and Lodging vs Mysore AIR 1970 SC 2042; Kashabananda Bh......s constituting these local bodies. It is a common knowledge that for non-payment of loans taken from State-owned banks, the national economy has been badly affected. One of the functions of Union Parishads is to help collection of Government dues, rent and taxes. Besides, members of the Union ..Category: Constitutional Law | Date: | Hits: 221
Capt. (Retd.) B. Akram Ahmed Khan Vs. BD Oil, Gas & Mineral Resources Corpn. & or, 2006, 35 CLC (AD)
....oner as Senior Manager-in-Charge. By Memo dated 10-11-1986 of Chief Martial Law Administrator's office, the petitioner was retired from Bangladesh Army with direction to reappoint him in the civil post held by him as a permanent incumbent. By memo dated 6-6-1987, the petitioner was absorbed as M......is accordingly, allowed without any order as to costs, the connected Civil Petition No. 400 of 2003 is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) 2008, 126. ......is accordingly, allowed without any order as to costs, the connected Civil Petition No. 400 of 2003 is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) 2008, 126. ......is accordingly, allowed without any order as to costs, the connected Civil Petition No. 400 of 2003 is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) 2008, 126. ..Category: Employment/Service Law | Date: | Hits: 109
Election Commission Vs. Alhaj Advocate Md. Rahmat Ali, MP and others, 2006, 35 CLC (AD)
....of existing voter list is also seen from the provision of section 11A of the Ordinance and the Rules 22, 23 and 26. In fine, I am of the view, the Ordinance and the Rules framed under the Ordinance postulate continuation of existing electoral roll with necessary additions, deletions, revision, m......cers was challenged in both the writ petitions. The writ petitioners stated that they felt aggrieved as a result of the decision of the Chief Election Commissioner ignoring objections of two other members of the Election Commission in the matter of taking decision as to preparation of fresh Elec......olding bye-election to parliamentary constituencies between two general elections and also for holding elections to different elective bodies like the Corporations, Pourashavas and Union Parishads but section 7(6) cannot be construed or declared to be "basis" for prepa...... bye-election to parliamentary constituencies between two general elections and also for holding elections to different elective bodies like the Corporations, Pourashavas and Union Parishads but section 7(6) cannot be construed or declared to be "basis" for preparation..Category: Election Law | Date: | Hits: 159
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....moned the elected representatives of the people to meet on 3rd March, 1971 for the purpose of framing a Constitution, And Whereas the Assembly so summoned was arbitrarily and illegally postponed for indefinite period, And Whereas the Pakistan Government by levying an unjust ......se the religion as State although he may not have supported the creation of Permanent Benches. He cited from American jurisprudence certain passage to show that long title is imperative so that the members of the Parliament do get a clear picture as to what they are voting for. Such bill was intro......vs. Crown; PLD 1963 Dhaka 669 Md. Abdul Haque vs. Fazlul Quader Chowdhury; AIR 1967 (SC) 1643 Golaknath's case; AIR 1973 (SC) 1461 Keshavananda's case; AIR 1960 (SC) 845; AIR 1967 (SC) 944 Mongal vs. Union of India; AIR 1953 (SC) 210 Election Commissioners vs. Venkata; AIR 1939 (PC) 53 Attorney-Gene......ct of Article 100 will be hereinafter referred to as the "Impugned Amendment". 301. Appellant in Civil Appeal No. 42 of 1988 was a contesting candidate for election to the office of Bathgaon Union Parishad in the district of Sunamganj. He claimed to have been duly elected in the election held on ..Category: Constitutional Law | Date: | Hits: 1934
Abul Kashem and others Vs. State, 1989, 18 CLC (AD)
....nce is set aside. They are acquitted and it is directed that they be set at liberty at once, if not wanted in connection with any other case. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 152...... mother and abducted his bhaira. He has denied the suggestion that the murder was committed in pursuance of his own conspiracy with Shariatullah. He has admitted that he and accused Monoranjan were members of the local Union Parishad about 12 years ago but denied that enmity grew between them when......his bhaira. He has denied the suggestion that the murder was committed in pursuance of his own conspiracy with Shariatullah. He has admitted that he and accused Monoranjan were members of the local Union Parishad about 12 years ago but denied that enmity grew between them when Monoranjan did not v......aira. He has denied the suggestion that the murder was committed in pursuance of his own conspiracy with Shariatullah. He has admitted that he and accused Monoranjan were members of the local Union Parishad about 12 years ago but denied that enmity grew between them when Monoranjan did not vote fo..Category: Criminal Law | Date: | Hits: 57
Mozibur Rahman Vs. Chairman, Dhaka Improvement Trust, 1989, 18 CLC (AD)
....ly, as RAZUK) filed the Writ Petition challenging the order dated 16.4.85 passed by the Chairman, D.I.T. (Respondent No. 1) promoting the respondent No.2, another Assistant Engineer (Civil), to the post of Executive Engineer (Civil) which fell vacant. The appellant, inter alia, alleged in his Writ......basis and foundation but his reporting officer (Executive Engineer) always wrote highly praising his activities and recommending for promotion. It was also alleged that the only impartial and outside member of the selection board, namely, the Joint Secretary, Ministry of Works was not present in any......egally and without any lawful authority. Let there be a fresh selection for promotion to the post of Executive Engineer as soon as possible. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 131......egally and without any lawful authority. Let there be a fresh selection for promotion to the post of Executive Engineer as soon as possible. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 131..Category: Employment/Service Law | Date: | Hits: 89
Abdul Hakim @ Lokman Hakim Vs. State, 1989, 18 CLC (AD)
....on changed the conviction to one under sections 394 and 304 Part I, but maintained the sentence. 2. The prosecution case in brief is that on 3rd September, 1979 Nowab Ali, an Ansar, was on duty at post No.1 in Joypurhat Electric Supply Centre. He had a rifle with five rounds of bullets in its mag......ission of the offence alleged. 10. In the result, the appeal is dismissed. The judgment and order of the High Court Division are affirmed. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 126......ission of the offence alleged. 10. In the result, the appeal is dismissed. The judgment and order of the High Court Division are affirmed. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 126......ission of the offence alleged. 10. In the result, the appeal is dismissed. The judgment and order of the High Court Division are affirmed. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 126..Category: Criminal Law | Date: | Hits: 61
Abdul Mannan Bhuiyan & Others Vs. Monirul Huq and others, 1989, 18 CLC (AD)
....rt Division was correct in taking the view. In the result, the appeal is dismissed. No costs C.P. No. 310 of 1989 is also dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 116 ......on 4(3) we cannot read 'Chairman' includes 'acting Chairman'. The legislature did not say so. Hence, there is no hesitation in holding that the noconfidence passed consisting of nominated chairman as members who participated in voting but not authorised by law, was not passed validly and legally bec......zila Parishad Chairman and Members (Resignation, Removal and Vacation of office) Rules, 1986 called hereinafter Upazila Parishad Rules. 2. Facts are as follows:- Chandina Upazila comprises of 12 Unions including Galli (north) Maizkhar and Barera (south). Respondent No. 1 was elected Chairman of......s (In Civil Appeal No. 1 of 1989). And Monirul Huq and others.............................. Respondents(In C.P. No. 310 of 1988) Judgment Februarys, 1989. The Local Government (Upazila Parishad and Upazila Administration Reorganisation) Ordinance, 1982 (59 of 1982), section 4(3) The..Category: Election Law | Date: | Hits: 128
A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)
.... the election itself. It was said that the election should be concluded as early as possible according to time schedule "all controversial matters and all disputes arising out of an election should postpone till after the elections are over, so that the election proceedings may not be unduly ret......and thereafter numerous petitions were filed raising the question of the power of Election Commission under Rule 70. The Ordinance says: A Union Parishad shall consist of a Chairman, 9 elected members and 3 women members (Section 5). Term of the Union Parishad shall be for a period of three y...... others.............................................. Respondents (In Civil Appeal No. 17 of 1989) Judgment February 19, 1989. Result: All the Appeals are allowed. The Local Government (Union Parishads) Ordinance, 1983 (LI of 1983), sections 24 and 29 The Union Parishads (Elections) ......s.............................................. Respondents (In Civil Appeal No. 17 of 1989) Judgment February 19, 1989. Result: All the Appeals are allowed. The Local Government (Union Parishads) Ordinance, 1983 (LI of 1983), sections 24 and 29 The Union Parishads (Elections) Rules,..Category: Election Law | Date: | Hits: 165
....rict Munsifs was challenged on the ground that it made arbitrary classification between Advocates of one High Court and those of other High Courts of India. The rule says that a candidate for the post of District Munsif, among other things, must be an advocate of the 'the High Court', which expr.......
The Constitution of the People’s Republic of Bangladesh, 1972
The Local Government (Union Parishad) Ordinance, 1983 (LI of 1983), section 7(2) (g)
The provision for disqualification of a member of the Union Parishad under section 7(2)(g) of the Union Parishad Ordinance, 1983 for being a......, Gopalganj & others.....Respondents
Judgment
September 1, 1988.
Result:
The appeal fails.
The Constitution of the People’s Republic of Bangladesh, 1972
The Local Government (Union Parishad) Ordinance, 1983 (LI of 1983), section 7(2) (g)
The provision for disqualification......lganj & others.....Respondents
Judgment
September 1, 1988.
Result:
The appeal fails.
The Constitution of the People’s Republic of Bangladesh, 1972
The Local Government (Union Parishad) Ordinance, 1983 (LI of 1983), section 7(2) (g)
The provision for disqualification of a ..
Category: Election Law | Date: | Hits: 212
Bangladesh Sericulture Board & another Vs. Md. Fazlur Rahman Akunjee & another, 1989, 18 CLC (AD)
....mp; another……………………………Respondents Judgment June 6, 1988 The Code of Civil Procedure, 1908 (V of 1908), Order XXXIX, rule 1. The plaintiff was reverted to the former post of Assistant Secretary from the ad-hoc promoted post of deputy secretary. Reversion to the orig......instant case has not been made upon correct judicial principles. In the result, therefore, the appeal is allowed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 25......instant case has not been made upon correct judicial principles. In the result, therefore, the appeal is allowed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 25......instant case has not been made upon correct judicial principles. In the result, therefore, the appeal is allowed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 25..Category: Employment/Service Law | Date: | Hits: 89
Maqbul Hossain & others Vs. Bangladesh Milk Producers’ Co-Operative Union Ltd., 1985, 14 CLC (AD)
....t, therefore, this appeal is allowed and it "is remanded to the High Court Division for disposal in accordance with law. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 38. ......t, therefore, this appeal is allowed and it "is remanded to the High Court Division for disposal in accordance with law. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 38. ......ohsen Ali J Maqbul Hossain & ors...................................................................... Appellants Vs. Bangladesh Milk Producers’ Co-Operative Union Ltd. ...............Respondent Judgment June 3, 1984. The Industrial ......t, therefore, this appeal is allowed and it "is remanded to the High Court Division for disposal in accordance with law. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 38. ..Category: Labour and Industrial Law | Date: | Hits: 98
Md. Joynal and ors. Vs. Md. Rustam Ali Mia & ors., 1984, 13 CLC (AD)
.... below are set aside and that of the trial Court dismissing the suit is restored. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 240. ...... Village Court either by the unanimous or by majority opinion shall be enforceable and section 14 bars the appearance of a legal practitioner. The composition of the Village Court provides that two members to be nominated by each of the parties to the dispute. Thus the legislative Scheme seems t....... 1313; Jugadish Vs. Kausillah Devi, AIR 1947 All 317 10; Emperor Vs. Lilaram and others, Crl. L.J. page 228; Purnendu Kumar Das Vs. Hiran Kumar Das, 21 D.L.R. (Dhaka) 918; Ouseph Poulo Vs Catholic Union Bank, 1965 (SC) page 166; AIR 1923 All 474; AIR 1950 All 86; Moulvi Mohammad Ismail vs. Amad...... below are set aside and that of the trial Court dismissing the suit is restored. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 240. ..Category: Property Law | Date: | Hits: 42
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