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Tamanna Steel Galvanizing Industry Ltd. Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)

....oner. In view the same we find no merit in these two Rules. In the result, these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 8. ......and decision of the National Board of Revenue dated 7-3-1992 rejecting the claim to refund of the sum of Tab 83,95,364.75 (Annexure-I) to the petition should not be declared to have been made without lawful authority and of to legal effect. 2. Rule in Writ Petition No.3071 of 1992 was issued at t..

Category: Fiscal/Taxation Law | Date: | Hits: 164

Afzal Miah and others Vs. Abdul Halim Gazi and others, 2011, 40 CLC (AD)

....as per voter list published including those 672 voters of Uttar Kistakathi. This petition is disposed of with the above observations. Ed. This Case is also Reported in: VIII ADC (2011) 824. ...... cause that its inhabitants have been enjoying the municipal facilities". 5. Mr. M. Amir-ul-Islam, learned coun­sel appearing for the petitioner, contend­ed that the High Court Division erred in law in failing to consider that the writ petition itself is not maintainable, inas­much as, the wri..

Category: Election Law | Date: | Hits: 172

Bangladesh and another Vs. Md. Badiuzzaman and others, 2011, 40 CLC (AD)

....cles 1, 7, 59 and 60 of the Constitution. Sections 6(Umo), 11 and 2(kaka) of the impugned Act are also violative of articles 27, 28(1) and 31 of the Constitution. Section 15(kha) of the impugned Acts amending section 32 of the original Acts of 1989 giving prefer­ence to the tribal people in the emp...... the National Committee on Chittagong Hill Tracts (NCCHT) and the Chairman of The Parbottya Chattragram Jana Shanghati Samity (PCJSS) should not be declared to have been made and executed without any lawful authority and contrary to the express provisions of the Constitution and void. 4. As it ap..

Category: Constitutional Law | Date: | Hits: 219

Mizanur Rahman (Md.) alias Mija alias Mizan Vs. State, 1997, 26 CLC (HCD)

.... not wanted in connection with any other case. Send down the LC records, with a copy of the Judgment at once for doing the needful. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 83. ......ereby preferred the present criminal appeal. 6. The only point for consideration in this appeal as to whether the impugned judgment and order of conviction and sentence are just and sustainable in law. 7. Heard Mr. Syed Ziaul Karim, the learned Advocate for the appellant and Mrs. Sufia Khatun,..

Category: Criminal Law | Date: | Hits: 80

Amirul Huq Shameem and others Vs. AKM Shamsuddin & others, 1995, 24 CLC (HCD)

....gned Judgment passed by the learned District judge, Mymensingh. In the result, the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 77. ...... whose term had expired 6 months earlier, and therefore, no such legal committee could extend its own life with retrospective effect from 2 years to 3 years. And those arbitrary and high handed and unlawful acts of the plaintiffs have caused colossal damage to the spirit and image of the Samity and ..

Category: Civil Law | Date: | Hits: 85

Abdul Khaleque Vs. Abdur Noor and others, 1995, 24 CLC (HCD)

.... agricultural land and section 96 of the Act is only available. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 74. ......ding without assigning cogent reason wrongly arrived at a decision that the homestead adjunct with chara land being situated in rural area is connected with agriculture and thereby committed error of law resulting in an error in the decision causing failure of justice. 4. It has been further subm..

Category: Property Law | Date: | Hits: 52

Alaluddin alias Alauddin and Others Vs. State, 1994, 23 CLC (HCD)

....t the appellants be set at liberty forthwith, if not wanted, in connection with any other case. Send down the L/C records at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 66. ......, became the Relief Chairman of Kamargaon Union Parishad after the War of Liberation. The miscreants maintained grudge against him for his active co‑operation with the Administration to improve the law and order situation, which had deteriorated in their local area. Her husband was Relief Chairman..

Category: Criminal Law | Date: | Hits: 74

Abdur Rahman and others Vs. Abdus Sattar and others, 1995, 24 CLC (HCD)

..... In the result the Rule is made absolute and no order is made as to costs. Send down the records to the lower court immediately. Ed. This case is also Reported in: 49 DLR (HD) (1997) 60. ......ourt effectually and completely to adjudicate upon and settle all the questions involved in the suit. The learned court below having failed to consider the claim of their interest, committed error of law resulting in an error in the decision causing failure of justice. 4. Mrs. Sufia Khatoon, the ..

Category: Property Law | Date: | Hits: 47

Nasima Akhter (Papi) Vs. Government of the Peoples Republic of Bangladesh, represented by the Secretary, Ministry of Home Affairs, 1994, 23 CLC (HCD)

....opposite party No.3, the Superintendent, Dhaka Central Jail, Dhaka is directed to report compliance with the above order to this court. Ed. This case is also Reported in: 49 DLR (HD) (1997) 57. ......zimuddin, has been challenged by the petitioner Mrs. Nasima Akhter (Papi) who happens to be the wife of the detenu. 3. It is alleged in the application that the detenu is a small businessman and a law abiding citizen. He was falsely implicated in an entry in the general diary of the Kotwali polic..

Category: Criminal Law | Date: | Hits: 69

Hazi Abdul Hakim Khan Vs. Lal Miah Saiyal alias Lal Miah and others, 2012, 41 CLC (AD)

....ree. Surendra Kumar Sinha J. – I agree. Abdul Wahhab Miah J. – I agree. Nazmun Ara Sultana J. – I agree. Syed Mahmud Hossain J. – I agree. Ed. This Case is also Reported in: ......s given cogent reasons for coming to the decision which was arrived at after elaborate discussion of the evidence and materials on record. The impugned judgment being based on proper consideration of law and facts, does not suffer from any illegality and does not call for any interfere by this Divis..

Category: Property Law | Date: | Hits: 70

Professor Dr. Md. Yusuf Ali Vs. Chancellor of Rajshahi University, Rajshahi & others, 1997, 26 CLC (HCD)

....ence by this Court. In the result this Rule is discharged. But in the facts and circumstances of the case we pass no order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 1.......inistry of Education, Government of the People’s Republic of Bangladesh and Secretary to the Chancellor of Rajshahi University, Rajshahi, should not be declared to have been passed/made without any lawful authority and is of no legal effect. 2. In this writ petition the petitioner describes him..

Category: Employment/Service Law | Date: | Hits: 158

Bangladesh Agricultural Development Corporation Vs. Md. Abdur Rashid and others, 2012, 41 CLC (AD)

....gree. Md. Abdul Wahhab Miah J. – I agree. Nazmun Ara Sultana J. – I agree. Muhammad Imman Ali J. – I agree. Md. Shamsul Huda J. – I agree. Ed. This Case is also Reported in: ......ainst the judgment and order dated 08.10.2009 passed by the High Court Division in Writ Petition No. 2331 of 2009 making the Rule absolute. Since in all the leave petitions raise similar points of law, they were heard together and are disposed of by this single order. 5. The relevant facts of..

Category: Employment/Service Law | Date: | Hits: 73

Mohadashi Sutradhar and another Vs. Monindra Chandra Sannyashi and others, 2011, 40 CLC (AD)

.... those of the appellate Court and consequently no merit in the submission of Mr. Awlad Ali. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 773. ......plot No.1054 corresponding to R.S. plot No.1054 and 2033 originally belonged to Alokeshi Bewa and her name was correctly recorded in the C.S. Khatian. Alokeshi Bewa died leaving behind her brother-in-law's son Surendra Mohan Sarkar. While Surendra Mohan Sarkar was in possession of the said land as t..

Category: Property Law | Date: | Hits: 68

Arun Chandra Das and others Vs. Chittagong Port Authority, Bandar Bhaban, Chittagong and others, 2010, 39 CLC (AD)

....d with as prayed for. This appeal will be heard along with the appeal arose out of Civil Petition for Leave to Appeal No.2291 of 2008. Ed. This Case is also Reported in: VIII ADC (2011) 770. ......ovisions for retirement and re-employment of public servants will be applicable, which does not provide for termination of an employ­ee in public service without following the procedures provided by law. The writ peti­tioners were terminated from the service in violation of Articles 27 and 31 of t..

Category: Employment/Service Law | Date: | Hits: 97

Sukendra Bikas Das and others Vs. Anil Baran Das and others, 2010, 39 CLC (AD)

....pare the paper book out of court in accordance with rules. The order of stay granted earlier be extended till disposal of the appeal. End. This Case is also Reported in: VIII ADC (2011) 764. ......­chased the suit land by different deeds from Suda Rani, wife of Gogendra, who is father of the plaintiff and they having been possessed the suit land after purchase, the High Court Division erred in law in reversing the findings arrived at by the Courts below in exereise of its revisional jurisdict..

Category: Property Law | Date: | Hits: 74

Jiban Chandra Sarkar Vs. Md. Rafizuddin Bepary and others, 2011, 40 CLC (AD)

....) is to be deposited within one month. The petitioner is permitted to prepare the paper books out of Court in accor­dance with Rules. Ed. This Case is also Reported in: VIII ADC (2011) 760. ......iff. Hence, this petition for leave to appeal. 7. Mr. A.S.M. Khalequzzaman, learned Advocate, appearing for the petitioner, has contended that the learned Judge of the High Court Division erred in law in pass­ing the impugned judgment and order inasmuch as he ascertained the share of the plainti..

Category: Property Law | Date: | Hits: 66

Government of Bangladesh Vs. Md. Golam Nabi, 2010, 39 CLC (AD)

....dy within 12(twelve) weeks and the respondent is at liberty to mention the appeal for hearing after expiry of the said 12 (twelve) weeks. Ed. This Case is also Reported in: VIII ADC (2011) 757. ......ent and order only on the ground that the authority has not supplied the copy of the inquiry report to the respondent for which he could not defend himself properly without considering the rele­vant law i.e. The Police Officers (Special Provision) Ordinance, 1976 which is a special law and there is..

Category: Administrative Law | Date: | Hits: 163

Siddiqur Rahman and others Vs. Md. Monwar Hossain and others, 2011, 40 CLC (AD)

....t assessment of the materials on record and appreciation of law arrived at a correct decision. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 755. ......e the rule absolute and restored that of the learned Assistant Judge. 4. Mr. Mansurul Haque Chowdhury, learned counsel appearing for the pre-emptors contended that the High Court Division erred in law in interfering with the finding of fact arrived at by the Court of appeal below and thereby exce..

Category: Property Law | Date: | Hits: 72

Bangladesh Water Development Board Vs. Md. Shafiqul Islam and others, 2010, 39 CLC (AD)

....titioners arc permitted to add the additional grounds. The order of status-quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 752.......t. Upgradalion of scale of Block Supervisors does not create any obligation upon the petitioners to upgrade higher scale of the writ petitioners and that the writ petitioners have not men­tioned any law which has been violated for not upgrading them. The writ petition, is therefore, not maintainabl..

Category: Employment/Service Law | Date: | Hits: 94

A.M. Nurunnabi Vs. Government of Bangladesh, 2011, 40 CLC (AD)

....in interfering with the judgment of the Administrative Tribunal. This petition merits no consideration which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 750. ......ent of the Administrative Tribunal. 2. Mr. Abdul Wadud Bhuiyan, learned counsel appearing for the petitioner assailed the judgment on the ground that the Administrative Appellate Tribunal erred in law in interfering with the judg­ment in failing to notice that the Ministry of Establishment by it..

Category: Administrative Law | Date: | Hits: 194