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Utpal Kanti Das Vs. Monju Rani Das, 1997, 26 CLC (AD)
....ance of any of the essential ceremonies, such as Saptapadi. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 47. ......ance of any of the essential ceremonies, such as Saptapadi. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 47. ......ance of any of the essential ceremonies, such as Saptapadi. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 47. ......ance of any of the essential ceremonies, such as Saptapadi. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 47. ..Category: Family Law | Date: | Hits: 212
Bangladesh Vs. Shafiuddin and Others, 1997, 26 CLC (AD)
....le 55 (4) of the Constitution and have been issued under the proviso to Article 133. These notifications have the precision of rules and are general in nature in their application to promotion to the posts of Joint Secretary and above and Deputy Secretary and they have the force of law…………........s of Business, 1975; 4. It shall not be necessary to consult Commission with regard to the selection for appointment- (a) to a Class I service or service or post of any officer who is already a member of Class I service, or holding a Class I post; 8. It shall not be necessary to consult the......jan vs. State of Mysore, AIR 1966 (SC) 1942; Gajar vs. U Joromonik Siem, AIR 1961 (SC) 276; Ramesh vs. State of Bihar AIR 1978 (SC) 327; Sant Ram vs. State of Rajasthan, AIR 1987 (SC) 1910; Lalit vs. Union of India, AIR 1972 (SC) 995); Pakistan vs. Sheikh Abdul Hamid, PLD 1961 (SC) 105 = 13 DLR (SC)......d. In view of our decision as above the three applications for being added as parties to the appeals are rejected. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 27, 3 BLC (AD) 6. ..Category: Constitutional Law | Date: | Hits: 185
Dr. Waliar Rahman Vs. Bangladesh and others, 1997, 26 CLC (AD)
....ly prayer that the writ-petitioner can make now is to pray for an early hearing of the writ petition. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 26. ......ly prayer that the writ-petitioner can make now is to pray for an early hearing of the writ petition. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 26. ...... (From the judgment and order dated February 18, 1997 passed by the High Court Division, Dhaka in Writ Petition No. 66 of 1997). Judgment ATM Afzal CJ. - The petitioner, Chairman of Barabaria Union Parishad PS Chitalmari, District Bagerhat, was suspended by the Government by an order dated 1......m the judgment and order dated February 18, 1997 passed by the High Court Division, Dhaka in Writ Petition No. 66 of 1997). Judgment ATM Afzal CJ. - The petitioner, Chairman of Barabaria Union Parishad PS Chitalmari, District Bagerhat, was suspended by the Government by an order dated 1-12-96..Category: Others | Date: | Hits: 112
Bangladesh Shilpakala Academy Vs. Shahidul Islam and another, 1997, 26 CLC (AD)
.... to those parts which are convenient to it and ignore other parts which are not so convenient. To say the least, nothing can be more unfair if a public authority in exercise of its power takes such a posture of easy convenience. It is like saying: Head I win tail you lose. Such things are said in je......as liable to be declared as such. This appeal must, therefore, fail. It is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 1. ......as liable to be declared as such. This appeal must, therefore, fail. It is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 1. ......es of 1985 to pass the order of dismissal. The Director General could take all steps under the rules but to pass an order of dismissal the Respondent was required to be specifically authorised by the Parishad in that behalf, himself being not the appointing authority. The High Court Division was cor..Category: Employment/Service Law | Date: | Hits: 145
Nazem Uddin Vs. Election Tribunal & Others, 2001, 30 CLC (AD)
....rit petitions against interlocutory orders passed by the Election Tribunal in the interest of speedy disposal of election petitions which is the intention of legislature and such grievances should be postponed to be decided in appeal against the final order of the Election Tribunal. 13....... the same. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 17 .....................Appellant Vs. Election Tribunal & Others...............................Respondents Judgment July 9, 2000. The Union Parishad (Election) Rules, 1983, Rule 45 The Local Government (Union Pari...............Appellant Vs. Election Tribunal & Others...............................Respondents Judgment July 9, 2000. The Union Parishad (Election) Rules, 1983, Rule 45 The Local Government (Union Parishad) ..Category: Election Law | Date: | Hits: 109
Shahid Miah Vs. State, 2000, 30 CLC (AD)
.... section 561A Cr.P.C. by the High Court Division. 6. The submissions do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 11. ...... section 561A Cr.P.C. by the High Court Division. 6. The submissions do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 11. ...... High Court Division in Criminal Miscellaneous Case No. 4023 of 1999. 2. One Shaleha Begum lodged first information report with the local Police Station alleging that while she was returning from Union Parishad accused-petitioner, Shohid Miah caught hold of her and took her behind the shop of ac......Court Division in Criminal Miscellaneous Case No. 4023 of 1999. 2. One Shaleha Begum lodged first information report with the local Police Station alleging that while she was returning from Union Parishad accused-petitioner, Shohid Miah caught hold of her and took her behind the shop of accused ..Category: Criminal Law | Date: | Hits: 109
Mahmudul Islam alias Ratan vs. State, 2000, 29 CLC (AD)
....riend of Khaleque @ Khaled saw deceased running after the injury. He took the injured to Mitford Hospital and from there to Dhaka Medical College Hospital where he died. PW 14 Dr. Mofizur Rahman held post-mortem examination of deceased Khaled. PW 15 Dr. Kazi Abdullah examined PW 2 Swapan who was sev......ge of the High Court Division. Let a copy of this judgment be transmitted to the author Judge of the High Court Division forthwith. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 1. ......ge of the High Court Division. Let a copy of this judgment be transmitted to the author Judge of the High Court Division forthwith. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 1. ......ge of the High Court Division. Let a copy of this judgment be transmitted to the author Judge of the High Court Division forthwith. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 1. ..Category: Criminal Law | Date: | Hits: 108
Mostafa alias Mosto Vs. State, 2006, 35 CLC (AD)
.... the explanations offered for condonation of delay are far from satisfactory. For the above reasons, this petition merits no consideration. Accordingly, it is dismissed. Ed. ...... the explanations offered for condonation of delay are far from satisfactory. For the above reasons, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......this allegation F.I.R was lodged which was recorded by the officer-in-charge of the Police Station. 3. The defence case is that the work of road construction was going on under the local Union Parishad hear the place of occurrence, deceased victim Habibur Rahman and his men obstructed t......llegation F.I.R was lodged which was recorded by the officer-in-charge of the Police Station. 3. The defence case is that the work of road construction was going on under the local Union Parishad hear the place of occurrence, deceased victim Habibur Rahman and his men obstructed the lab..Category: Criminal Law | Date: | Hits: 94
Syed S.M. Hasan Vs. Bangladesh, 2002, 31 CLC (AD)
....y situated and deserved similar treatment. 2. The appellant was a Deputy General Manager of the Rupali Bank on and from 1.10.1989 filed the writ petition stating, inter alia that all posts of the General Manager in all nationalized Banks and the Rupali Bank Ltd. were included in a c......ion. 4. That under the Notification No. 95-31 dated 13.01.99 another Selection Committee was set up with the new Governor of Bangladesh Bank Dr. Farasuddin Ahmed and 03 other members. The said Committee selected 328 D.G.Ms, for promotion upon interview of all incumbents......le of equity and good conscious. In the result, this appeal is dismissed without an order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 76. ......le of equity and good conscious. In the result, this appeal is dismissed without an order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 76. ..Category: Administrative Law | Date: | Hits: 130
Agrabad Hotel Ltd. & another Vs. Revenue Deputy Collector, Cox's Bazar & others, 2006, 35 CLC (AD)
....al Circuit House presided over by the them Minister in charge of the Ministry for Civil Aviation and Tourism on the ground that salami money was not paid within time although appellant did all on his post for payment of salami and the allotment also was issued in violation of Government policy ......e discussions made above, we are of the view that the High Court Division was not justified in discharging the Rule. The appeal is, accordingly, allowed. No order of cost. Ed. ......e discussions made above, we are of the view that the High Court Division was not justified in discharging the Rule. The appeal is, accordingly, allowed. No order of cost. Ed. ......e discussions made above, we are of the view that the High Court Division was not justified in discharging the Rule. The appeal is, accordingly, allowed. No order of cost. Ed. ..Category: Property Law | Date: | Hits: 127
Abdus Quddus Vs. Administration of Waqf & others, 2006, 35 CLC (AD)
....usion that this writ petition is per se not maintainable as being improper and frivolous." 9. Leave was granted to consider the submission that the writ petition having not been posted in the cause list for "hearing of the Rule", but was posted for hearing as "ap......o. 5 (defendant No. 10 in the suit) to hand over cash and kind collected from the Mazar and that the formation of the committee to look after the Mazar is void. 4. The appellant and some members of Mazar committee filed Other Suit No. 48 of 1990 in the 2nd Court of Subordinate Judge (no......bsp; 16. Accordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ......bsp; 16. Accordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ..Category: Property Law | Date: | Hits: 57
Janata Bank Vs. Khalilur Rahman, 2006, 35 CLC (AD)
....997 and the appeal filed by the respondent was also dismissed and then he preferred a review petition on 27.10.1999 to the authority and the authority reinstated him in the service but reducing his post of Senior Principal Officer to that of Principal Officer without any arrear salary and other al......ndamental Rule 29 we are of the view that the submission have no substance. We, therefore, do not like to interfere with the impugned judgment and order. The leave petition is dismissed. Ed. ......ndamental Rule 29 we are of the view that the submission have no substance. We, therefore, do not like to interfere with the impugned judgment and order. The leave petition is dismissed. Ed. ......ndamental Rule 29 we are of the view that the submission have no substance. We, therefore, do not like to interfere with the impugned judgment and order. The leave petition is dismissed. Ed. ..Category: Anti-Corruption Laws | Date: | Hits: 83
Mazid Sheikh @ Mazid and others Vs. The State, 2006, 35 CLC (AD)
....uld not be proved beyond all reasonable doubt. The points raised merit consideration. Accordingly leave is granted. Preparation of paper book is dispensed with as prayed for. Ed ......uld not be proved beyond all reasonable doubt. The points raised merit consideration. Accordingly leave is granted. Preparation of paper book is dispensed with as prayed for. Ed ......uld not be proved beyond all reasonable doubt. The points raised merit consideration. Accordingly leave is granted. Preparation of paper book is dispensed with as prayed for. Ed ......uld not be proved beyond all reasonable doubt. The points raised merit consideration. Accordingly leave is granted. Preparation of paper book is dispensed with as prayed for. Ed ..Category: Criminal Law | Date: | Hits: 121
Mashuq Mia @ Iqbal Vs. The State, 2006, 35 CLC (AD)
....ten) years and fine of Tk. 3000/-. 2. The case of the prosecution in brief is that in the last election of the local Union Parishad accused Mashuq Mia alias Iqbal was a candidate for the post of Chairman and in that election the informant and his sons worked against accused Mashuq Mia. ......sion rightly convicted the appellant under section 324 of the Penal Code and we find no cogent reason to interfere with the same. The appeal is dismissed. Ed. ......ith a fine of Tk. 500/- in place of rigorous imprisonment for 10(ten) years and fine of Tk. 3000/-. 2. The case of the prosecution in brief is that in the last election of the local Union Parishad accused Mashuq Mia alias Iqbal was a candidate for the post of Chairman and in that e......fine of Tk. 500/- in place of rigorous imprisonment for 10(ten) years and fine of Tk. 3000/-. 2. The case of the prosecution in brief is that in the last election of the local Union Parishad accused Mashuq Mia alias Iqbal was a candidate for the post of Chairman and in that electio..Category: Criminal Law | Date: | Hits: 95
National Board of Revenue and others Vs. Mustafizur Rahman, 2003, 32 CLC (AD)
....ith reference to the relevant provisions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ......ith reference to the relevant provisions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ......ith reference to the relevant provisions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ......ith reference to the relevant provisions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: | Hits: 130
M/S. Concord Engineers & Construction Ltd Vs. Chief Engineer Road & Highways Dept, 2006, 35 CLC (AD)
....it may think proper deliver his or its award which shall be final conclusive and binding on all parties to this contract. Note:- The Executive Engineer holding the current charge of the post of Superintending Engineer shall not be appointed as arbitrator or as Member of the Board of En...... We do not find any cogent reason to interfere with the unreasoned impugned judgment and order. For the reason aforesaid, this appeal is dismissed without any order as to costs. Ed. ...... We do not find any cogent reason to interfere with the unreasoned impugned judgment and order. For the reason aforesaid, this appeal is dismissed without any order as to costs. Ed. ...... We do not find any cogent reason to interfere with the unreasoned impugned judgment and order. For the reason aforesaid, this appeal is dismissed without any order as to costs. Ed. ..Category: Alternative Dispute Resolution | Date: | Hits: 229
Khalilur Rahman A.S. P. S. B Dhaka Vs. Md. Kamrul Ahsan and others, 2005, 34 CLC (AD)
....ng legality of the action of the Government of Bangladesh, Inspector General of Police and Bangladesh Public, Service Commission in taking steps for promoting the writ Respondent Nos. 4-86 from the post of Assistant Superintendent of police to the post of Additional Superintendent of police includ......discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 486. ...... Md. Kamrul Ahsan and others.................Respondents Judgment July 5, 2005. Cases Referred to- Mujibur Rahman Vs. Government of Bangladesh, 44 DLR (AD) 111; SP Sampath Kumar Vs. Union of India, AIR 1937 SC 386; JB Chopra Vs. Union of India, AIR 1987 SC 357. Lawyers Involved......discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 486. ..Category: Administrative Law | Date: | Hits: 152
State Vs. Mofizuddin and others, 2006, 35 CLC (AD)
....ash kept in the iron safes broken and the dead bodies of night guard, Abdul Mannan and treasurer Abul Kalam Azad lying in the delivery room could understand that the dacoits looted away cash from the post office killing those two staffs on duty there. The informant then lodged First Information Repo......nd correct assessment of the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. ......nd correct assessment of the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. ......nd correct assessment of the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 83
Ismat Zerin Khan Vs. The World Bank and others, 2006, 35 CLC (AD)
....iled an application under Order VII rule 11 of the Code of Civil Procedure on 23.3.2002 for rejection of the plaint. Meanwhile, despite an order of temporary injunction not to induct any staff to the post of the appellant, the defendant inducted one Subrata Dhar to the plaintiffs position with ...... order of the High Court Division and the trial Court is hereby directed to hear the suit on all issues including the issue regarding maintainability in accordance with law. Ed. ...... order of the High Court Division and the trial Court is hereby directed to hear the suit on all issues including the issue regarding maintainability in accordance with law. Ed. ...... order of the High Court Division and the trial Court is hereby directed to hear the suit on all issues including the issue regarding maintainability in accordance with law. Ed. ..Category: Employment/Service Law | Date: | Hits: 211
Md. Nurul Hoque Miah Vs. Bangladesh, 2005, 34 CLC (AD)
....ect from 29.11.1984, Additional Commissioner of Taxes 7.3.1990 and Commissioner of Taxes with effect form 7.5.1995, the dates from which appellant's junior Mostafa Tareq Hossain was promoted in these posts after the retirement of said Anawaruddin Ahmed from the post of Deputy Commissioner of Taxes. ......s. 19. In that view of the observation and direction as above, this appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 53. ......s. 19. In that view of the observation and direction as above, this appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 53. ......s. 19. In that view of the observation and direction as above, this appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 53. ..Category: Administrative Law | Date: | Hits: 162
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