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Present:
Md. Fazlul Haque J
Md. Abdul Matin J
Mainul Haque (Md.)………………….Petitioner
Vs.
Secretary, Ministry of Water Resources, Government of the People’s Republic of Bangladesh, Bangladesh Secretariat Dhaka and others………Respondents
Judgment
October 26, 1......efits he is entitled to get under the aforesaid Bangladesh Water Development Board (Employees) Service Rules, 1982, i.e. under the law.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 136.......ory retirement from service of the petitioner (Annexure-N) should not be declared to have been made without lawful authority and is of no legal effect and that the petitioner be not reinstated in his former post with all arrear salaries and other allowances as admissible to him in law.
2. The pet......efits he is entitled to get under the aforesaid Bangladesh Water Development Board (Employees) Service Rules, 1982, i.e. under the law.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 136...
Category: Employment/Service Law | Date: | Hits: 72
A. F. M. Obaidur Rahman Vs. Md. Asgar Ali and others, 2003, 32 CLC (AD)
....3 DLR (AD) (2011) 80. ......upreme Court Appellate Division (Civil) Present: K M Hasan CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J A. F. M. Obaidur Rahman, Secretary General of Bangladesh Red Crescent Society, Attorney and others………………......Petitioners Vs. Md. Asgar Ali and othersâ€......y Sayed Mahbubur Rahman, Advocate-on- Record- For Respondent. Mr. Md. Nawab Ali, Advocate-on- Record- For Respondent Nos. 4 and 5. Not represented-For Respondent Nos. 3, 6-9. Civil Petition for Leave to Appeal No. 1273 of 2003. Judgment Mohammad Fazlul Karim J.- The writ-respondent-p......ny infirmity in the impugned judgment of the High Court Division for interference. The petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 34, 63 DLR (AD) (2011) 80. ..Category: Civil Law | Date: | Hits: 116
State Vs. Mukta Khan and another, 2011, 40 CLC (AD)
....record. 5. Apparently this petition has become infructuous. 6. Before parting with this matter we would like to reiterate that any decision passed by this Division is binding upon all Courts in Bangladesh and no Judge can ignore it. If he does it may not only be contemptuous but also tantamoun......ith this observation the leave petition is dismissed as infructuous. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 33, 16 MLR (AD) (2011) 92, 8 LG (AD) (2011) 69, 31 BLD(AD) (2011) 110. ......shanko Shekor Sarker, Deputy Attorney General instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioner. AKM Shahidul Huq, Advocate-on-Record-For the Respondents. Criminal Petition for Leave to Appeal No. 507 of 2010. Order ABM Khairul Haque CJ. - This petition for leave to ......ith this observation the leave petition is dismissed as infructuous. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 33, 16 MLR (AD) (2011) 92, 8 LG (AD) (2011) 69, 31 BLD(AD) (2011) 110. ..Category: Criminal Law | Date: | Hits: 55
..... Hassan Ameen J
Azam Khan Chowdhury Waqf Estate, represented by its Official Mutwalli-Al Haj Shah Shajiadur Rahman………………Petitioner
Vs.
The Government of the People's Republic of Bangladesh and others........Respondents
Judgment
January 23, 2008.
Lawyers Involved:
Nu...... above, we find no substance in the submission of the learned Advocate-on-Record for the petitioner.
Accordingly, the petition is dismissed.
This Case is also Reported in: 19 BLT (AD) (2011) 5.
......nd others........Respondents
Judgment
January 23, 2008.
Lawyers Involved:
Nurul Islam Bhuiyan, Advocate-on-Record-For the Petitioner.
Not Represented-the Respondents.
Civil Petition for Leave to Appeal No. 549 of 2007.
Judgment
Mohammad Fazlul Karim J.- The petition for Leav...... above, we find no substance in the submission of the learned Advocate-on-Record for the petitioner.
Accordingly, the petition is dismissed.
This Case is also Reported in: 19 BLT (AD) (2011) 5.
..
Category: Property Law | Date: | Hits: 71
Lutfor Rahman Vs. Divisional Mechanical Engineer and others, 1998, 27 CLC (HCD)
....s. Divisional Mechanical Engineer and others………Respondents Judgment February 11, 1998. Cases Referred To- Mahtabuddin Ahmed vs. Secretary to the President, People’s Republic of Bangladesh and others 42 DLR 1. Lawyers Involved: Md. Nawab Ali, Advocate — For the Petition...... Accordingly, we direct to dispose of the review petition according to law. In the result, we make the Rule absolute. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 133.......s. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 133....... Accordingly, we direct to dispose of the review petition according to law. In the result, we make the Rule absolute. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 133...Category: Employment/Service Law | Date: | Hits: 78
Nurul Alam Chowdhury and another Vs. State, 1998, 27 CLC (HCD)
....ned. The order staying realisation of fine granted earlier by this Courts stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 125.......ned. The order staying realisation of fine granted earlier by this Courts stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 125.......cting petitioner Al-haj Nurul Alam Chowdhury under sections 447/323 of the Penal Code and sentencing him thereunder to pay a fine of Taka 400.00 and Taka 600.00 respectively, in default, to suffer SI for four months and convicting accused petitioner Md. Harun-Ur-Rashid Chowdhury under sections 447/3......ned. The order staying realisation of fine granted earlier by this Courts stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 125...Category: Criminal Law | Date: | Hits: 68
Omar Faruk (Md.) and others Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
....upreme Court High Court Division (Special Original Jurisdiction) Present: Qazi Shafiuddin J Md. Abdul Aziz J Omar Faruk (Md.) and others………..Petitioner Vs. Government of Bangladesh and others …..Respondents Judgment November 26, 1998. Lawyers Involved: M......ioners are to be rejected. Accordingly, these two review applications being Review Application Nos.15 and 16 of 1998 are rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 118. ...... 2328 and 2329 of 1998 have sought to be reviewed on the ground stated in the applications. In these petitions it is stated that the Appellate Tribunal did not consider the petitioner’s declaration form and further the petitioners were heard by a Special Bench not duly constituted and hence it is ......ioners are to be rejected. Accordingly, these two review applications being Review Application Nos.15 and 16 of 1998 are rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 118. ..Category: Fiscal/Taxation Law | Date: | Hits: 90
Nasim Anwar Hossain Vs. Bangladesh Bank and others, 2010, 39 CLC (HCD)
....ed in: ......dent from annexe-B to the writ petition) is hereby declared to have been done without lawful authority and is of no legal effect. Nazmun Ara Sultana, J.- I agree. This Case is also Reported in: ......ngladesh Bank and others, 59 DLR at page 540, Md. Mostafa Kamal and others Vs. Bangladesh Bank and others, 11 MLR, 377. Lawyers Involved: M. Moksadul Islam with, Asaduzzaman Siddiqui, Advocates-for the petitioner. Md. Mizanur Rahman appearing for Ziaul Hassan, Advocate-for the respondents. ......dent from annexe-B to the writ petition) is hereby declared to have been done without lawful authority and is of no legal effect. Nazmun Ara Sultana, J.- I agree. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 167
Md. Arif Gaffar Vs. Artha Rin Adalat, Khulna and others, 2010, 39 CLC (HCD)
.... Judgment December 2, 2010. Cases Referred to- Provat Kumar Das Vs. Manager, Agrani Bank, Main Branch, Shaheb Bazar, Rajshahi and others, 15 MLR (AD), 96; Sujit Kumar Mondal and another Vs. Bangladesh (and others), 13 BLC 391; Sheikh Nazmul Haque Vs. Bangladesh represented by the Secretary......reby cancelled. The office is directed to communicate the copy of this judgment at once to the concerned executing Court. Nazmun Ara Sultana, J.- I agree. This Case is also Reported in: ......Bangladesh represented by the Secretary, Ministry of Law and others, 14 BLC 107, A B M Shirajum Monir Vs. Subordinate Judge and others, 14 BLC 716. Lawyers Involved: M. Moksadul Islam, Advocate-for the petitioner. Md. Golam Mostafa-for the respondents. Writ Petition No. 9797 of 2008 J......reby cancelled. The office is directed to communicate the copy of this judgment at once to the concerned executing Court. Nazmun Ara Sultana, J.- I agree. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 169
Islami Bank Bangladesh Ltd. Vs. District Anti-Corruption Officer and another, 2001, 30 CLC (HCD)
....ase is also Reported in: 55 DLR (2003) 233.......s are made without any lawful authority and are of no legal effect. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 233.......crecy and confidentiality of the accounts of various clients. The respondent No. 1 by its office Memo No. 437/DAB (BAB) dated 7‑5‑94 addressed to the District and Sessions Judge, Nababganj prayed for issuing direction upon the Manager, Chapai Nababganj Branch of the petitioner Bank to hand over ......s are made without any lawful authority and are of no legal effect. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 233...Category: Anti-Corruption Laws | Date: | Hits: 153
Dhaka International University Vs. Secretary, Ministry of Education and others, 1997, 26 CLC (HCD)
.... on the basis of such order the University was temporarily established at House No. 15A, Road No. 2A, Zigatola, Dhanmondi Residential Area, Dhaka. Thereafter on 3-6-95 the University submitted to the Bangladesh University Grants Commission the Academic plan, syllabus, list of teaching staff and docu......s have been published are entitled to certificate of the degree. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 91. ......declared to have been passed without lawful authority and is of no legal effect. 2. The founder of the petitioner, Dhaka International University, applied to the then Education Minister on 21-5-95 for permission to establish the University. On receipt at the same the Hon’ble Minister directed t......s have been published are entitled to certificate of the degree. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 91. ..Category: Others | Date: | Hits: 104
State Vs. Rabiul Hossain alias Rob, 2000, 29 CLC (HCD)
.... Judgment June 8, 2000. Cases Referred To- State Vs. Imdad Ali Bepary, 36 DLR 333; Abdur Rashid Vs. State, 27 DLR (AD) 1; Mobarak Ali (Md.) alias Mobarak Ali Mondal Vs. Peoples Republic of Bangladesh and others, 50 DLR 10. Lawyers Involved: Md. Khurshed Alam Khan, Advocate-For Cond...... to this Court. The connected appeals being Criminal Appeal Nos.1205 of 1997 and 1391 of 1997 may go out of list for the time being. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 370.......nd 1391 of 1997. Judgment MM Ruhul Amin J. - This Death Reference under section 374 of the Code of Criminal Procedure has been made by the learned Additional Sessions Judge, 1st Court, Kushtia for confirmation of the sentence of death imposed upon the condemned prisoner Rabiul Hossain alias R...... to this Court. The connected appeals being Criminal Appeal Nos.1205 of 1997 and 1391 of 1997 may go out of list for the time being. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 370...Category: Criminal Law | Date: | Hits: 47
Kala Miah Vs. Gopal Chandra Paul and others, 1998, 27 CLC (HCD)
.... one Prasanna. Since purchase the plaintiff has been in possession of the suit land for more then 12 years. The plaintiff further asserted that after the liberation the defendant Nos. 1 and 2 came to Bangladesh and joined with the plaintiff’s enemy and when the plaintiff asked the defendant No. 2 ......tion Case No. 15 of 1987 of the Court of the Subordinate Judge, Chandpur stands vacated. Send down the Lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 77. ......t fact leading to this appeal is, that the appellant as plaintiff instituted Title Suit No. 63 of 1985 in the Court of the Subordinate Judge, Chandpur impleading the respondents as defendants praying for declaration of title by adverse possession in respect of the suit land described in schedule to ......tion Case No. 15 of 1987 of the Court of the Subordinate Judge, Chandpur stands vacated. Send down the Lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 77. ..Category: Property Law | Date: | Hits: 51
....iction)
Present:
Kazi Ebadul Hoque J
AK Badrul Huq J
Abdul Hafiz (Md.) and others……………………. Petitioners
Vs.
Director General, Bureau of Anti-Corruption, Government of Bangladesh ………Respondents
Judgment
July 16, 1997.
Cases Referred To-
Raja Narayan......devoid of any substance and the same must discharged.
In the result, the Rule is discharged, however, without any order as to cost.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 72.
......mpany. The added respondent No.4 Al-Haj Md. Faroque is also a full brother of the petitioners and was one of the Directors of the Company. The added respondent No.4 managed the affairs of the Company for about fourteen (14) years as the Managing Director. During 14 years as the, Managing Director, h......devoid of any substance and the same must discharged.
In the result, the Rule is discharged, however, without any order as to cost.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 72.
..
Category: Anti-Corruption Laws | Date: | Hits: 191
QC Shipping Limited and another Vs. Chittagong Port Authority and others, 1998, 27 CLC (HCD)
....ners Vs. Chittagong Port Authority and others……………………….... Respondents Judgment August 6, 1998. Cases Referred to- Sharping Matshajibi Samabaya Samity Ltd. vs. Bangladesh and others, 39 DLR (AD) 85; Bangladesh Telecom (Pvt.) Ltd. vs. Bangladesh, Telegraph and ......esult, I make this Rule absolute without any order as to costs. The order of stay is consequently disposed of as being infructuous. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 64. ......d ors, 1977 (SC) 1496 and State of Punjab vs. Balbir Singh and ors, at page 1717; ATM Mehtab Majid and Co. vs. State of Madras and another 1963 (SC) 928. Lawyers Involved: Rafique-ul-Huq with Zaforullah Chowdhury and Hasanul Karim, Advocates — For the Petitioners. Habibul Islam Bhuiyan wi......esult, I make this Rule absolute without any order as to costs. The order of stay is consequently disposed of as being infructuous. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 64. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 583
Arbi Khanom and 4 others Vs. State, 2000, 29 CLC (HCD)
....€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦..Respondents Judgment March 14, 2000. Cases Referred To- Abdur Rouf and another Vs. Government of East Pakistan, 22 DLR 193; 46 DLR (AD) 89; 51 DLR (AD) 84; Bangladesh and others Vs. Commercial Trust of Bangladesh Ltd. and others, 46 DLR (AD) 89; 27 DLR 597...... In the above view, we do not find any merit in the Rules, and accordingly, the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 367. ......dent No.3 in connection with LA Case No.127/61-62 should not be declared to have been passed without any lawful authority. 2. Common question of law seems to be involved in all the Rules, we, therefore, dispose of the Rules by this single judgment. 3. In Writ Petition No.337 of 1999 the petiti...... In the above view, we do not find any merit in the Rules, and accordingly, the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 367. ..Category: Criminal Law | Date: | Hits: 37
Shaheb Ali & others Vs. State, 2000, 29 CLC (HCD)
....he FIR there is absolutely nothing to show that the accused appellants along with the charge sheeted accuseds namely, Md. Selim alias Montu and Nawshad Ali smuggled the seized Phensidyl from India to Bangladesh so as to attract the provision of section 25B of the Special Powers Act, or they were in ......w pending in the Court of Session Judge and Special Tribunal No.1 Rangpur. They are also discharged from their respective bail bonds. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 366. ......Powers Act, (Act XIV of 1974) arises out of the order dated 3-2-99 passed by the learned Sessions Judge and Special Tribunal No.1, Rangpur in Special Tribunal Case No. 30 of 1998 pending in the Court for trial rejecting an application under section 241A of the Code of Criminal Procedure for discharg......w pending in the Court of Session Judge and Special Tribunal No.1 Rangpur. They are also discharged from their respective bail bonds. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 366. ..Category: Criminal Law | Date: | Hits: 47
Riazuddin (Md.) Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
.... (Special Original Jurisdiction) Present: Syed Amirul Islam J SAN Mominur Rahman J Riazuddin (Md.)……………………………………………Petitioner Vs. Government of Bangladesh and others……Respondents Judgment July 29, 1999. Case Referred to- Sheik ......he petition is declared to have been made without any lawful authority and is of no legal effect. There will be no order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 361.......ng with firearms licences with Mirpur Police Station on the ground that his licences have been cancelled by the Ministry of Home Affairs. The petitioner as law abiding citizen in compliance with the aforesaid direction immediately deposited the firearms with Mirpur Police Station and being aggrieved......he petition is declared to have been made without any lawful authority and is of no legal effect. There will be no order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 361...Category: Others | Date: | Hits: 105
Shahjahan Howlader (Md.) Vs. Bazlur Rahman & another, 2000, 29 CLC (AD)
....93/164 dated 10-4-93 issued by the Ministry of Finance the petitioner was vested with the current charge of Assistant Registrar of Taxes Appellate Tribunal Bench No.1 as per order of the President of Bangladesh until further orders (Annexure B). The Registrar Taxes Appellate Tribunal then issued Mem......ntal proceeding initiated by the respondent No.1 by order dated 18-3-95 is struck down. However, there will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 358......., Dhaka suspending the petitioner as per Annexure K. 2. The facts so far as it is necessary to determine the point of law are that the petitioner is a Government Servant and he has been in service for 27 years and served in different capacities efficiently and honestly. The petitioner was appoint......ntal proceeding initiated by the respondent No.1 by order dated 18-3-95 is struck down. However, there will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 358...Category: Employment/Service Law | Date: | Hits: 71
Abu Mohammad Vs. Government of the People’s Republic of Bangladesh & another, 1999, 28 CLC (HCD)
....Original Jurisdiction) Present: Syed JR Mudassir Hussain J Md. Awlad Ali J Abu Mohammad ……………………………….Petitioner Vs. Government of the People’s Republic of Bangladesh & another……………Respondents Judgment November 30, 1999. Cases Referr......foregoing reasons, we see there is no merit in this Rule. Accordingly, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 352. ......anneries had been under the management of the Bangladesh Tanneries Corporation an amount of Taka 1,00,000,00.00 as non-development loan from ADP fund was sanctioned on 29-9-75 in the name of all the aforesaid tanneries for the purpose of purchasing raw skin during the Eid-ul Azha. It has been stated......foregoing reasons, we see there is no merit in this Rule. Accordingly, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 352. ..Category: Others | Date: | Hits: 95
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