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Government of Bangladesh Vs. Nurul Haque Miah and another, 2001, 30 CLC (AD)
.... In the gradation list prepared on 24-1-85 respondent No. 1 was shown at serial No. 2 while respondent No. 2 Mr. Anwaruddin Ahmed was shown at Serial No. 4. Respondent No. 2 joined the non-gazetted post on 10-12-1945 and he was promoted to the post of Grade-II on 17-4-65. Thereafter respondent No......the facts of this case. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 59. ......the facts of this case. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 59. ......the facts of this case. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 59. ..Category: Administrative Law | Date: | Hits: 93
Jatiya Party Vs. Election Commission for Bangladesh and others, 2001, 30 CLC (AD)
....sion is set aside and the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 38. ...... The Representation of the People Order, 1972 (President's Order No. 155 of 1972), Articles 3A & 4 Election Commission is a composite body, an individual member can only act under section (article) 4 of the Order when he is authorised by the Commission ......sion is set aside and the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 38. ......sion is set aside and the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 38. ..Category: Election Law | Date: | Hits: 144
Bangladesh Biman Corporation and others Vs. Md. Tipu Sultan & others, 2001, 30 CLC (AD)
.... The Bangladesh Biman Corporation Employees (Service) Regulations, 1979, Regulation 12(1) & 15 Promotion of the Employees of the corporation to the higher posts is not a vested right as per rule 12(1) of the regulation. Requirement of Regulation 15 is to......manner as well as in any respect, nor any legal right of the petitioners has been violated, that petitioners being workers within the meaning of Industrial Relations Ordinance, 1969 and that being members of Trade Union they have separate forum for redress’ of their grievance, in any respe...... in any respect, nor any legal right of the petitioners has been violated, that petitioners being workers within the meaning of Industrial Relations Ordinance, 1969 and that being members of Trade Union they have separate forum for redress’ of their grievance, in any respect, that the Corp......n made herein before the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001)31. ..Category: Employment/Service Law | Date: | Hits: 63
DG, Prisons & others Vs. Md. Nasim Uddin, 2001, 30 CLC (AD)
....; The Jail Code, Rule 205 On the event of dismissal, removal or reduction in rank a person holding a civil post is entitled to a second show cause notice………………&hell......out request helped this Division in the proper disposal of this matter. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 30. ......out request helped this Division in the proper disposal of this matter. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 30. ......out request helped this Division in the proper disposal of this matter. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 30. ..Category: Administrative Law | Date: | Hits: 137
Abu Taher Vs. Abdur Razzak and others, 1995, 24 CLC (AD)
....any illegality in upholding the judgment and order of the Election Appellate Tribunal. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 160 ......any illegality in upholding the judgment and order of the Election Appellate Tribunal. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 160 ...... Judgment: Mustafa Kamal J: The petitioner submitted nomination paper for election to the office of Chairman of Cheora Union Parishad within PS Chowddogram, District Comilla on 7.12.91. His nomination paper was accepte......dgment: Mustafa Kamal J: The petitioner submitted nomination paper for election to the office of Chairman of Cheora Union Parishad within PS Chowddogram, District Comilla on 7.12.91. His nomination paper was accepted on t..Category: Others | Date: | Hits: 101
Superintending Engineer and others Vs. Kazi Asaduzzaman and others, 1995, 24 CLC (AD)
....e suit. 2. Respondent No.l. Kazi Asaduzzaman, instituted the suit on the allegations, inter alia, that he was a permanent employee of the Public Health Engineering Department and joined his post on 12.3.58 as a mechanic. On gradual promotion he was working as an Lower Division Assistant h......sons the impugned judgment and order of the High Court Division cannot be sustained. The appeal is allowed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 152 ......sons the impugned judgment and order of the High Court Division cannot be sustained. The appeal is allowed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 152 ......sons the impugned judgment and order of the High Court Division cannot be sustained. The appeal is allowed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 152 ..Category: Property Law | Date: | Hits: 124
Abu Taleb Vs. Government of Bangladesh, 1995, 24 CLC (AD)
..... The appellant was appointed as an Assistant Communication Engineer in the Civil Aviation Department on the 15th March, 1960 and it is his case that by dint of merit he was gradually promoted to the post of Director, Civil Aviation Authority. In 1985 the Government formed a corporate body, namely, ......herefore it followed its two other contrary decisions, namely, the cases of Union of India Vs. ME Reddy, AIR 1980 (SC) 563 and Union of India Vs. JN Sinha, AIR 1971 (SC) 40. 18. What we have to remember in applying the Indian decisions on cases of this nature is that while the various State Gove......abibullah Khan vs. Shah Azharuddin Ahmed, 35 DLR (AD) 72; Brij Mohan Singh Vs. State of Punjab, AIR 1987 (SC) 948; Baikuntha Nath Das Vs. Chief District Medical Officer, Baripada, AIR 1992 (SC) 1020; Union of India Vs. ME Reddy, AIR 1980 (SC) 563; Union of India Vs. JN Sinha, AIR 1971 (SC) 40. L...... the terms and conditions of service to be framed by the new Authority which had the effect of invalidating their service conditions which they enjoyed as Government servants. They formed a "Samannya Parishad" and launched a movement for withdrawal of the Ordinance of 1985. By Civil Aviation Authori..Category: Administrative Law | Date: | Hits: 175
Special Reference No. 1 of 1995, 24 CLC (AD)
.... Mohammad Ismailuddin Sarker J. - I am in complete agreement with the learned Chief Justice and I have nothing more to add. Ed. This Reference is also Reported in: 47 DLR (AD) (1995) 111. ...... Constitution of the People's Republic of Bangladesh by which the President has sought to obtain the opinion of the Supreme Court on some legal questions arising out of the continuous absence of some members of the Parliament consequent upon their walking out of the House first and then resorting to...... 1682; AIR 1979(SC) 478; Umayal Achi Lakshmi Achi AIR 1945 FC 25; AIR 1992 SC 522, para 31 at page 558; (Hamilton Street Rly [1903] AC 529); [1898] AC 700 (711); AIR 1965 SC 745; M Ismail Faruqui Vs. Union of India(popularly known as Babri Masjid case) AIR 1995 SC 605; Baker Vs. Carr 1962, 369 US 18...... Mohammad Ismailuddin Sarker J. - I am in complete agreement with the learned Chief Justice and I have nothing more to add. Ed. This Reference is also Reported in: 47 DLR (AD) (1995) 111. ..Category: Constitutional Law | Date: | Hits: 248
Zahiruddin son of Abdu Hye Vs. State, 1995, 24 CLC (AD)
....5. The prosecution produced 12 witnesses at the trial out of whom PW 10 was only tendered for cross‑examination. The witnesses are mostly formal witnesses including the doctor PW 11 who held post mortem examination of the deceased Velua Khatun, PW 12 the Magistrate who recorded the confess......prisonment. The appeal is allowed. The sentence of death imposed on the appellant is commuted to one of life imprisonment. Ed. This case is also reported in: 47 DLR (AD) (1995) 92 ......ng 14 May 1987. The appellant informed her brother Nazir Hossain about the same on 17 May 1997. He along with Nazir Hossain went to Ramu Police Station with a letter from the Chairman of the local Union Parishad and made a General Diary entry. The Police arrested the appellant and produced him b......May 1987. The appellant informed her brother Nazir Hossain about the same on 17 May 1997. He along with Nazir Hossain went to Ramu Police Station with a letter from the Chairman of the local Union Parishad and made a General Diary entry. The Police arrested the appellant and produced him before ..Category: Criminal Law | Date: | Hits: 73
Lt. Col. (Retd) Nazimuddin Ahmed Vs. Bangladesh and Others, 1995, 24 CLC (AD)
....d as a Director on permanent basis and that his prayer cannot be considered because there was no such provision in the Rules of the Corporation though there was scope for absorption in the civilian post according to Martial Law Orders Nos. 103, 132 and 135. After the specified period of his cont......raph 6 of Martial Law Order No. 103: "Notwithstanding anything contained in this Order an ex‑officer of the Defence Services, who is holding any post or office as Chairman, member, director, including managing director, or trustee of the governing body, by whatever name ......Court Division, we uphold the order impugned in the writ petition. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 87 ......Court Division, we uphold the order impugned in the writ petition. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 87 ..Category: Employment/Service Law | Date: | Hits: 117
Hasan Ali and others Vs. State, 1995, 24 CLC (AD)
....ready undergone; as to the sentence of fine, it is maintained. The appeal in respect of the other appellants is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 69 ......ready undergone; as to the sentence of fine, it is maintained. The appeal in respect of the other appellants is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 69 ......e of appellant No. 1, Hasan Ali. 2. The allegation against the appellants, which resulted in the aforesaid conviction and sentence, is that they had damaged a public road maintained by the Union Parishad and leveled up and amalgamated a part of the road with their adjoining paddy land, r......ppellant No. 1, Hasan Ali. 2. The allegation against the appellants, which resulted in the aforesaid conviction and sentence, is that they had damaged a public road maintained by the Union Parishad and leveled up and amalgamated a part of the road with their adjoining paddy land, renderi..Category: Criminal Law | Date: | Hits: 60
Bangladesh Parjatan Corporation, Dhaka Vs. AKM Abul Kalam, 1995, 24 CLC (AD)
....nce with the Rules we uphold the ultimate order of the High Court Division. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 67 ......be held. (3) The authority shall appoint an enquiry officer or committee to examine and report on the allegations against the officer or employee. The status of the enquiry officer or member of the committee, as the case may be, should be higher than the accused. (4) At......nce with the Rules we uphold the ultimate order of the High Court Division. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 67 ......nce with the Rules we uphold the ultimate order of the High Court Division. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 67 ..Category: Employment/Service Law | Date: | Hits: 134
Bangladesh Vs. Dr. Dhiman Chowdhury and others, 1993, 22 CLC (AD)
.... Accordingly, the appeal is allowed and the impugned judgment of the High Court Division set aside. There will be no order as to cost. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 52 ......n that there developed a resistance among the vested interest against the detenu and they started discriminating him on the ground of religion and a sentiment was created against him because be was a member of the minority community. 4. On 20.3.93 while the detenu was giving lecture in the Bandar...... Accordingly, the appeal is allowed and the impugned judgment of the High Court Division set aside. There will be no order as to cost. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 52 ......asing the same thus: 1) The detenu was engaged in Anti‑Government and Anti‑State activities; 2) He was a member of a secret illegal organisation named "Shadhin Banga‑Bhumi Sangrarn Parishad" which is financed by some foreign country; 3) In order to destroy the independence a..Category: Constitutional Law | Date: | Hits: 185
State Vs. MA Malik, 1995, 24 CLC (AD)
....onably or unfairly. There is no compelling reason to interfere with the impugned order. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 33 ......onably or unfairly. There is no compelling reason to interfere with the impugned order. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 33 ......onably or unfairly. There is no compelling reason to interfere with the impugned order. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 33 ...... by other accused persons he put pressure upon her to bring dowry of Taka one crore from her father and started threatening her in various ways. Her father was an Ex‑Chairman of Sylhet Zilla Parishad and now a sitting Member of the Parliament. On 17.3.1992 the respondent went to her patern..Category: Criminal Law | Date: | Hits: 64
Engineer Afsaruddin Ahmed Vs. State, 1995, 24 CLC (AD)
....found to have acted rightly observing that the proceeding against him cannot be quashed. In the result, the appeal is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 10 ......ion observing that at this stage the question of mala fide intention could not be determined which can be done only on evidence during the trial. 2. Facts of the case are, that the appellant was a member of Parliament in 1987‑88, elected from Chandanaish‑Satkania Constituency of Chittagong di......found to have acted rightly observing that the proceeding against him cannot be quashed. In the result, the appeal is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 10 ......found to have acted rightly observing that the proceeding against him cannot be quashed. In the result, the appeal is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 10 ..Category: Criminal Law | Date: | Hits: 76
Col. Md. Hashmat Ali (Retired) of Bangladesh Army Medical Corps Vs. Bangladesh, 1995, 24 CLC (AD)
....tive rank of Colonel on 12 March 1976. On secondment his service was placed at the disposal of the Ministry of Health and Family Planning from 19 April 1974 to 19 June 1983. He was promoted to the post of Director‑General of Family Planning on 23 April 1976 with the rank and status of a Jo......d that order in Writ Petition No. 1170 of 1992. The High Court Division rejected the writ petition on the ground that in view of clause (5) of Article 102 of the Constitution the appellant, being a member of the Army Medical Corps, does not come within the meaning of the expression "an aggr......other .......................Respondents Judgment August 18th, 1994. Cases Referred to- Federation of Pakistan vs. Lt. Col. Z.A. Mazari 1958 PLD 472. Virendra Kumar vs. Union of India AIR 1981 (SC) 947; Prithi Pal Singh vs. Union of India AIR 1982(SC) 1413; KD Gupta......uring the proper discharge of their duties. There is no merit in this appeal and, accordingly, it is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 01 ..Category: Constitutional Law | Date: | Hits: 203
AKM Mayeedul Islam Vs. Bangladesh Election Commission and others, 1996, 25 CLC (AD)
....ot on the grounds stated in the impugned judgment, but on the ground that the writ petition was not maintainable. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 230; 48 DLR (AD) (1996) 208 ......ot on the grounds stated in the impugned judgment, but on the ground that the writ petition was not maintainable. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 230; 48 DLR (AD) (1996) 208 ......ot on the grounds stated in the impugned judgment, but on the ground that the writ petition was not maintainable. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 230; 48 DLR (AD) (1996) 208 ......ot on the grounds stated in the impugned judgment, but on the ground that the writ petition was not maintainable. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 230; 48 DLR (AD) (1996) 208 ..Category: Election Law | Date: | Hits: 133
Rahela Khatun Vs. Abul Hassan and others, 1996, 25 CLC (AD)
....sdiction under section 561 A Cr.P.C. For all the above reasons the appeal is allowed. The impugned judgment and order are set aside. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 213 ......sdiction under section 561 A Cr.P.C. For all the above reasons the appeal is allowed. The impugned judgment and order are set aside. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 213 ......sdiction under section 561 A Cr.P.C. For all the above reasons the appeal is allowed. The impugned judgment and order are set aside. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 213 ......sdiction under section 561 A Cr.P.C. For all the above reasons the appeal is allowed. The impugned judgment and order are set aside. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 213 ..Category: Criminal Law | Date: | Hits: 85
Bangladesh Shipping Corporation and other Vs. Rakibuddin Ahmed and others, 1996, 25 CLC (AD)
....t the termination of his services was illegal and without lawful authority and that he was still in the service of the Corporation as its Secretary together with all benefits and privileges of his post. He alleged that the order of termination was malafide not being done by the corporation itsel......l Shipping Corporation which came to be known as Bangladesh Shipping Corporation with the emergence of Bangladesh. In 1982 he was the Secretary of the organisation. On certain allegations by some members of the Officers’ Association of which he was the General Secretary and also President...... Civil Petition No. 39 of 1994 at the instance of the Government is dismissed as time-barred. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 283, 48 DLR (AD) (1996) 203 ...... Civil Petition No. 39 of 1994 at the instance of the Government is dismissed as time-barred. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 283, 48 DLR (AD) (1996) 203 ..Category: Employment/Service Law | Date: | Hits: 77
BD National Curriculum and Text-Book Board and other Vs. AM Shamsuddin & ors, 1996, 25 CLC (AD)
....sued by the petitioner offended the ordinary law of the land which could not be permitted by invocation of the right to freedom of speech and expression. The petition was accordingly dismissed. ......above category which remained unsold in their library and godown. The Bangladesh Pustak Prokashak O Bikreta Samity in its meeting held on 13-3-1981, however, passed a resolution requesting all its members to abide by the prohibitory order of the impugned Act because the various representations m......os. 77 of 1993 & 17 of 1996] Judgment May 12, 1996. Cases Referred to- Jang Bahadur vs. Principal, Mohindra College AIR (38) 1951 Pepsu 59; Hamdard Dawakhana vi. Union of India AIR 1960 (SC) 554. Chamarbaughwalla, AIR 1957 (SC) 628; West Bengal Board of Seconda......sued by the petitioner offended the ordinary law of the land which could not be permitted by invocation of the right to freedom of speech and expression. The petition was accordingly dismissed. ..Category: Intellectual Property Law | Date: | Hits: 279
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