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Alam Uddin alias Shapan Vs. State, 2009, 38 CLC (AD)
....t on the prosecution case regarding the identification of dead body of the victim; moreover the petitioner was also not duly examined under section 342 of the Code of Criminal Procedure which is a mandatory provision; moreover it is also evident from the record (postmortem report) that the age o......in the above decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 301. ..Category: Criminal Law | Date: | Hits: 50
Mir Sattaruddin and Others Vs. Palli Daridra Bimochon Foundation, 2008, 37 CLC (AD)
.... no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 278. ...... operation of law, their long service cannot be ignored. So, according to their case, their service cannot be terminated by three months notices or three months pay in lieu thereof. In their case, provisions of Regulation 30 shall apply because they were neither dismissed nor removed from servic..Category: Employment/Service Law | Date: | Hits: 68
Land Acquisition Officer, Pabna & Ors Vs. Al-haj Md. Abdul Latif Biswas & anr, 2007, 36 CLC (AD)
.... waiver as regard performance of public function is to be fixed. 21. The learned counsel for the respondents has submitted that the provision in Rule 8 (3) of the Rules is directory and not being mandatory nature, non-compliance of the provision of the said Rule did not affect the judgment of th.......45 of 1994 that the trial Court passed the award on the basis of the assessment of value of the building and other structures as made by a private engineering firm which was not legal because of the provisions of law as in Rule 8(3) of the Acquisition of Immovable property Rules, 1983 published in ..Category: Alternative Dispute Resolution | Date: | Hits: 249
Government of Bangladesh Vs. Enamul Huque and others, 2008, 37 CLC (AD)
....here is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 519. ...... no separate family before. 5 years from the promulgation of Bangladesh Land Holding Limitation Order, PO. 98 of 1972, but the provisio of section 2(b) of the above P.O. 98 of 1972 shows that such provisions of the definition of family i.e. five years before 16th day December, 1971, has been ame..Category: Property Law | Date: | Hits: 26
GM, Postal Insurance, Eastern Region, Dhaka and another Vs. A.B.M. Abu Taher, 2009, 38 CLC (AD)
....he appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 97; 29 BLD (AD) (2009) 56; VI ADC (2009) 512;6 LG (AD) (2009) 201. ......respondent received a second show cause notice on 10.3.1998 to which the respondent replied on 28.3.1994. The appellant without considering the facts and circumstances of the case and the provisions of law applicable in the case most illegally and with malafide intention passed an order..Category: Administrative Law | Date: | Hits: 159
Bangladesh Vs. Md. Feroz Alam, 2008, 37 CLC (AD)
.... at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 466. ......made no illegality or irregularity in imposing penalty for the mischievous conduct of the writ petitioner-respondent and the authority made the assessment order as per prevailing rules and the provisions framed by the Revenue Authority and the writ petition is in contravention of secti..Category: Business or Commercial Law | Date: | Hits: 163
Khurshida Begum and another Vs. Golam Mostafa and others, 2001, 30 CLC (AD)
.... principle 'here the other side' the same is not sustainable in law. In view of the discussions made herein above the appeal is allowed. Ed. This Case is also Reported in: II ADC (2005) 888.......for exhumation of the dead body. This Division in explicit language expressed its view "practice of granting relief summarily without issuing any rule is held to be illegal and unfair". 8. The provisions in section 151 C.P.C and the section 561A Cr. P.C do not empower or authorize the court t..Category: Criminal Law | Date: | Hits: 37
Miss Shaheda Khaturi Vs. Administrative Appellate Tribunal, Dhaka and others, 1998, 27 CLC (AD)
....departs temporarily for any reason so that he remains a party to the deliberations and, therefore, competent to sign the judgment. Ed. This Case is also Reported in: II ADC (2005) 850. ......udgment, rather it has been noticed that they supported the view taken by the High Court Division and, in our opinion, rightly. The decision in Mujibur Rahman's case was correct because of the provisions of article 102(5) read with article 117 of the Constitution. But that decision has nothi..Category: Administrative Law | Date: | Hits: 110
Star Jute Mills Ltd. Vs. Chairman, Labour Court and others, 2005, 34 CLC (AD)
....e appeal is allowed without any order as to costs and the judgment and order passed in writ Petition No. 2016 of 1993 is set aside. Ed. This Case is also Reported in: II ADC (2005) 825. ......second party (Jute Mills) contested the case by filling written statement contending that the case was not maintainable, that he was a worker under the petitioner mills and was governed by the provisions of the Employment of Labour (Standing Orders), Act, 1965 and as there is no allegat..Category: Labour and Industrial Law | Date: | Hits: 251
Munshi Md. Rashed Kamal Vs. Abdus Salam and another, 2005, 34 CLC (AD)
.... The appeal is, therefore, allowed. The impugned judgment and order dated 10.3.2002 of the High Court Division is set aside. Ed. This Case is also Reported in: II ADC (2005) 798. ......ceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall, without prejudice to any other provisions of this Act, be punished with imprisonment for a term which may extend to one year, o..Category: Criminal Law | Date: | Hits: 42
M. M. Shahidur Rahman Vs. Bangladesh and others, 1994, 23 CLC (AD)
....appeals cannot succeed in any case. In the result, therefore, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 768. ......vent there is no prohibitions upon the authority of the President for making rules with retrospective effect. 18. Article 133 reads as follows: 133. Subject to the provisions of this Constitution Parliament may by law regulate the appointment and conditions of s..Category: Employment/Service Law | Date: | Hits: 106
Bangladesh Biman Corporation and others Vs. Md. Jusimuddin, 2001, 30 CLC (AD)
.... resignation does not show letter seeking withdrawal of resignation letter was considered. 10. It is the contention of the respondent that as per provision of Regulation 53(1) it being mandatory for a permanent employee of the Biman in pay group 3(ii) to give one month's notice if he...... the High court Division. In view of the discussion made herein above the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 732. ..Category: Employment/Service Law | Date: | Hits: 95
Md. Nurul Haque Biswas Vs. Colonel (Rtd) Dr. Ruknul Islam Chowdhury and another, 2008, 37 CLC (AD)
....here is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 449. ......case; subsequently it being found that in terms of the 2nd schedule of the Code of Criminal Procedure the above offence under section 409 of the Penal Code is triable by the Special Judge under the provisions of Criminal Law Amendment Act, 1958, the case was sent of the learned Special Judge, Sy..Category: Criminal Law | Date: | Hits: 47
Samarendra Nath Das (Nalu) and others Vs. Md. Atique and others, 2007, 36 CLC (AD)
....of the above, we find no reason to differ with the High Court Division. Accordingly, the petition is dismissed without costs. Ed. This Case is also Reported in: VI ADC (2009) 436. ......ceeding against the petitioners is an abuse of the process of law; that the High Court Division arrived at an erroneous decision on misreading and misconstruing the materials on record and the provisions of law. 5. It appears from the record that the petitioners have taken TK. 3, 50,0..Category: Criminal Law | Date: | Hits: 41
Dhaka Bank Limited Vs. Monir Hossain and others, 2008, 37 CLC (AD)
....Court as security against the decree that may be passed till final decision of the suit." Accordingly, the appeal is disposed of. Ed. This Case is also Reported in: VI ADC (2009) 402. ......Advocate for the appellant that "The impugned judgment and order dated 12.12.2000 of the High Court Division is illegal inasmuch as the impugned judgment and order has been passed in violation of the provisions of Rules 5 and 6 Order XXXVIII of the Code of Civil Procedure. The High Court Division fa..Category: Business or Commercial Law | Date: | Hits: 142
Md. Kamal Uddin Akand Vs. Artha Rin Adalat and others, 2008, 37 CLC (AD)
....there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 383. ......ation file by the defendant under Order XXVI Rule 11 of Code without assigning any reason but the findings arrived at as to disposal of the suit is in accordance with law and upon compliance of the provisions of section 9 and 13 of Ain 2003 and accordingly not without jurisdiction so writ jurisdi..Category: Civil Law | Date: | Hits: 95
Md. Nurul Islam Sarker Vs. Deputy Commissioner, Gazipur and others, 2002, 31 CLC (AD)
....ed without lawful authority and is of no legal effect. The Respondents are to pay Tk. 10,000/- (Ten thousand) as cost of this appeal. Ed. This Case is also Reported in: II ADC (2005) 643. ......earned counsel for the appellant submits that the order passed by the respondent No.1 refusing licence to the appellant to exhibit motion picture film in the Capri Cinema Hall is not covered by the provisions of Section 5 of the Act, or by the provisions of Rules 5,6 and 7 of the Rules. In elabora..Category: Civil Law | Date: | Hits: 128
Humayun Hossain Khan Vs. Bangladesh, 2009, 38 CLC (AD)
....e. Thus we do not find any merit in the leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 92. ......filing suit at the earliest stage of default in adjusting the loan accounts by the borrower. 8. We have perused the impugned judgment and order passed by the High Court Division and also the provisions of section 47 and section 60 of the Artha Rin Adalat Ain, 2003. There is no ambiguity in..Category: Civil Law | Date: | Hits: 104
Md. Nazrul Islam & ors. Vs. Bangladesh, 2008, 37 CLC (AD)
....sion does not suffer from any legal infirmity. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 141. ......ation. Under orders of the BCIC, the writ petitioners were serving in the head office of the corporation as well as under several industrial units of the BCIC. But their service is governed by the provisions of the BCIC Employees Service Regulations, 1988 in which it has been specifically stated..Category: Employment/Service Law | Date: | Hits: 64
Upazila Nirbahi Officer Vs. ASM Harunar Rashid and others, 2009, 38 CLC (AD)
....out any order as to costs. The judgment and order dated 10-7-2005 passed in Writ Petition No. 4609 of 2003 is set aside. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 92. ...... High School, Village Boalpur, PS Morelganj, District Bager-hat on which the appellant was a teacher) like any other non-government secondary school is regulated and managed in accordance with the provisions of the Ordinance of 1961 and the various regulations made thereunder and the Government ..Category: Others | Date: | Hits: 270
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