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Judgment
Md. Fazlul Haque J. - This Rule was issued calling upon the respondents to show cause as to why the impugned order contained in Memo No. 434 (9)/WDB/Discipline/See-3/Complaint (ka)20/93 dated 5-12-95 (Annexure-N) Memo No.192/WDB/Discipline/Sec-Complaint (ka) 20/95 dated 28-5-97 (Annexu......Bangladesh Water Development Board (Employees) Service Rules, 1982. The letter of suspension has been annexed as Annexure-D to the petition.
6. On 24-11-93 the respondent No. 5 issued a show cause notice to the petitioner vide Memo No. 506/WDB/Discipline/Sec-3/Comp (Ka) 20/95 dated 24-11-93 as pe......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..
Category: Employment/Service Law | Date: | Hits: 72
Tahera Khatun Bibi and others Vs. Abdul Jalil Mandal and others, 1998, 27 CLC (HCD)
....n, Advocates— For the Opposite Parties. Civil Revision No.121 of 1990 Civil Revision No. 2480 of 1991. Judgment Gour Gopal Saha J. - This Rule is directed against the judgment and order dated 10-1-90 passed by the District Judge, Gaibandha in Misc. Appeal No. 72 of 1988 reversing the j......trangers thereto. Opposite party No.4 Naheruddin sold the case land measuring 0.51 decimals to opposite party Nos.1 to 3 by kabala dated 30-7-76 at a consideration of Taka 5000.00 without serving any notice upon them as required by law. On obtaining the certified copy of the impugned Kabala the pre-......peal No. 72 of 1988 reversing the judgment and order dated 29-9-88 passed by the Assistant Judge, Gobindaganj, in Miscellaneous Case No. 64 of 1984 disallowing pre-emption. 2. Short facts relevant for the purpose of the case are that, opposite party Nos.1 and 2 as pre emptors filed a case land un..Category: Property Law | Date: | Hits: 56
Mukit and others Vs. State, 2011, 40 CLC (AD)
.... Lawyers Involved: Dr. M. Zahir, Senior Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioners. Criminal Appeal No. 519 of 2010. (From the judgment and order dated 26th October, 2008 passed by the High Court Division in Criminal Appeal No. 2213 of 1997.) ......other than to send the matter back on remand to the trial court for writing out a proper judgment, in which event, the ends of justice will be defated. 12. Now turning to the merit of the case, we noticed that Monu Mia (P.W.3) and Katar Uddin (P.W.10) are eye witnesses of the occurrence. The lear......o. 519 of 2010. (From the judgment and order dated 26th October, 2008 passed by the High Court Division in Criminal Appeal No. 2213 of 1997.) Judgment Surendra Kumar Sinha J. - This petition for leave to appeal is directed against the judgment and order dated 26th October, 2008 of a Divisio..Category: Criminal Law | Date: | Hits: 49
A. F. M. Obaidur Rahman Vs. Md. Asgar Ali and others, 2003, 32 CLC (AD)
..... 3, 6-9. Civil Petition for Leave to Appeal No. 1273 of 2003. Judgment Mohammad Fazlul Karim J.- The writ-respondent-petitioners seek leave to appeal against the impugned judgment and order dated 25.8.2003 passed by the High Court Division in Writ Petition No. 1248 of 2003 making the rule ......he Order, appointed an Ad-hoc Managing Board under Article 9C(2)(b) for the period ending on 31.12.2002 and the said Ad-hoc Managing Board decided to hold Annual General Meeting of the Society and by notice dated 12th December, 2002 convened Annual General Meeting of the Society on 30.12.2002 (Annex......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..Category: Civil Law | Date: | Hits: 116
State Vs. Mukta Khan and another, 2011, 40 CLC (AD)
....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 appeal has been filed against an order dated 26.08.2010, passed by the High Court Division in Criminal Miscellaneous Case No.25185 of 2010,......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 ..Category: Criminal Law | Date: | Hits: 55
Md. Nasirullah & other Vs. Md. Ziauddin Khan & others, 2007, 36 CLC (AD)
.... Not represented-the Respondents. Civil Petition for Leave to Appeal No. 885 of 2005. Judgment MM Ruhul Amin J. - This petition for leave to appeal is directed against the judgment and order dated 13.06.2005 passed by a Single Bench of the High Court Division in Civil Revision No.5930 of 20......on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. This Case is also Reported in: 18 BLT (AD) (2010) 19. ......4 DLR (AD) 237. Lawyers Involved: A.J. Mohammad Ali, Senior Advocate instructed by Aftab Hossain, Advocate-on-Record- For the Petitioners. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 885 of 2005. Judgment MM Ruhul Amin J. - This petition for leave to ap..Category: Property Law | Date: | Hits: 60
....
Not Represented-the Respondents.
Civil Petition for Leave to Appeal No. 549 of 2007.
Judgment
Mohammad Fazlul Karim J.- The petition for Leave to Appeal is directed the judgment and order dated 02.04.2007 passed by the High Court Division in Writ Petition No. 1324 of 2004 discharging the......eal is directed the judgment and order dated 02.04.2007 passed by the High Court Division in Writ Petition No. 1324 of 2004 discharging the Rule.
2. The petitioner challenged the legally of tender notice for lease of hats and Bazars issued under the signature of Upazila Nirbahi Officer, Biswambar......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..
Category: Property Law | Date: | Hits: 71
Lutfor Rahman Vs. Divisional Mechanical Engineer and others, 1998, 27 CLC (HCD)
....ng one annual increment. He was informed about the same on 5-11-85. He was re-instated and joined his service. While he was serving on reinstatement all on a sudden he received the order of dismissal dated 22-7-85 passed under Martial Law Order 9 of 1982 signed by the Secretary, Ministry of Communic......th the report and rejected the same on 19-5-84. Thereafter, a further enquiry was held and the petitioner was found partially responsible for the accident. The petitioner was served with a show cause notice and he submitted explanation to the show cause. But it was not found satisfactory by the auth......s. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 133...Category: Employment/Service Law | Date: | Hits: 78
Hanif Sheikh (Md.) Vs. Asia Begum, 1998, 27 CLC (HCD)
....— For the Petitioner. Not Represented — For the Opposite Parties. Criminal Revision No.1533 of 1993. Judgment Gour Gopal Saha J. - This Rule is directed against the judgment and order dated 28-6-93 passed by the Sessions Judge, Chandpur in Criminal Appeal No.69 of 1992 dismissing the......of time and fed by such assurance she surrendered herself to the accused to satisfy his carnal desire. It has been further alleged that on the following day, the complainant brought the matter to the notice of the mother of the accused who also assured her that in due course of time she would be rec...... Judgment June 9, 1998. Cases Referred to- Jalaluddin alias Badsha vs. State 36 DLR 119; Lukus Miah vs. State 43 DLR 230 and Abed Ali vs. State 43 DLR 366. Lawyers Involved: B Elias for Md. Mustafizur Rahman, Advocates — For the Petitioner. Not Represented — For the Opposite..Category: Criminal Law | Date: | Hits: 67
Nurul Alam Chowdhury and another Vs. State, 1998, 27 CLC (HCD)
....ioner. Kh Mahbub Alam, Assistant Attorney- General — For the State. Criminal Revision No. 740 of 1995. Judgment Gour Gopal Saha J. - This Rule is directed against the judgment and order dated 19-4-95 passed by the Additional Sessions Judge, 1st Court, Chittagong in Criminal Appeal No.4......of the Code of Criminal Procedure also appears to be of no substance. 10. The purpose of examination of the accused persons under section 342 of the Code of Criminal Procedure is to bring to their notice all incriminating pieces of evidence to be used against them for affording the accused an opp......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..Category: Criminal Law | Date: | Hits: 68
Omar Faruk (Md.) and others Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
....os.15 and 16 of 1998 arise out of Writ Petition Nos. 2328 and 2329 of 1998 respectively have been heard together and will now be disposed of by this common judgment as the same arise out of the order dated 14-12-97 passed by the President and Member, Customs Excise and VAT Tribunal in CEVT/Case (Kas...... review applications have been filed. These two grounds were not stated in the writ petitions and there is no explanation whatsoever that these two grounds are now important grounds which escaped the notice of the petitioners, as such, the judgment and order complained of should be reviewed. It is a...... 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 ..Category: Fiscal/Taxation Law | Date: | Hits: 90
Md. Arif Gaffar Vs. Artha Rin Adalat, Khulna and others, 2010, 39 CLC (HCD)
.... J.- This Rule Nisi, was issued at the instance of the writ petitioner Md. Arif Gaffer, a judgment debtor in an ex parte decree passed by the Artha Rin Adalat, Khulna to examine the legality of order dated 1.12.2008 passed by the Artha Rin Adalat, Khulna issuing warrant of arrest for his civil impri......g warrant of arrest against the petitioner in order to put him in civil prison, upon which the executing Court issued warrant of arrest against him by its order dated 1.12.2008 without any show cause notice as required under Order XXI rule 37 of the Code of Civil Procedure and forwarded the same to ......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..Category: Civil Law | Date: | Hits: 169
Dhaka International University Vs. Secretary, Ministry of Education and others, 1997, 26 CLC (HCD)
.... Petition No. 1611 of 1997. Judgment AM Mahmudur Rahman J. - By this Rule the Respondents were directed to show cause as to why the impugned public notice No. SHA/14/13-Be-Bee- 4-97-55 Sheekhya dated 6-3-97 published in the Daily “Bhorer Kagoj” on 7-3-97, so far as it relates to the petiti......ty Attorney-General - For Respondents. Writ Petition No. 1611 of 1997. Judgment AM Mahmudur Rahman J. - By this Rule the Respondents were directed to show cause as to why the impugned public notice No. SHA/14/13-Be-Bee- 4-97-55 Sheekhya dated 6-3-97 published in the Daily “Bhorer Kagoj”......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..Category: Others | Date: | Hits: 104
Muhammadullah Vs. Sessions Judge and others, 1998, 27 CLC (HCD)
....ail, Advocate—For the Respondent No. 3. Writ Petition No. 3501 of 1997. Judgment Syed Amirul Islam J. - This Rule was issued calling upon the respondents to show cause as to why the order date 26th November 1996 passed by the respondent No.1, Sessions Judge, Noakhali, in Miscellaneous Ca......ds a provision against a person being put to trial in respect of the same offence more than once. Section 403, Criminal Procedure Code is nothing more than an elaboration of this principle in all its notices and distinctions. What the framers of the Constitution wanted to provide for was a specific ......s Rule was issued calling upon the respondents to show cause as to why the order date 26th November 1996 passed by the respondent No.1, Sessions Judge, Noakhali, in Miscellaneous Case No. 353 of 1996 for fresh trial of GR Case No.1 of 1983 of the Court of Magistrate, 1st Class, Noakhali should not b..Category: Criminal Law | Date: | Hits: 56
....) Act, 1965 against the petitioner for determination of benefits as per law. The case was registered as complaint case No. 221 of 1996. The Labour Court upon hearing the parties by judgment and order dated 7‑1‑1989 allowed the case. The operating portion of the order is as follows:
"that the ......the proceedings in Criminal Case No. 13 of 1989 and in Criminal Case No. 7 of 1989 pending in the 1st Labour Court, Dhaka are hereby quashed.
Ed.
This Case is also Reported in: 55 DLR (2003) 231.......ision Case No. 874 of 1994 with Criminal Revision Case No. 875 of 1994.
Judgment
SK Sinha J.- Since facts and points of the law involved in these Rules are identical they were taken up together for hearing and this judgment would govern both the Rules.
2. Points raised by the learned Advoca..
Category: Labour and Industrial Law | Date: | Hits: 184
Kala Miah Vs. Gopal Chandra Paul and others, 1998, 27 CLC (HCD)
....86. Judgment Bijan Kumar Das J.- This appeal is directed against the judgment and decree passed by the learned Subordinate Judge, Chandpur in Title Suit No. 63 of 1985. By the impugned judgment dated 30-6-1986 the learned Subordinate Judge, dismissed the suit. 2. The short fact leading to t......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 ..Category: Property Law | Date: | Hits: 51
.... — For the Respondents.
Writ Petition No. 1491 of 1996.
Judgment
AK Badrul Huq J. - By this application under Article 102 of the Constitution an order contained in Memo No. 485/DAB (Dhaka) dated 8 April, 1996 has been called in question whereupon a Rule Nisi was issued calling upon the re...... of law against the petitioners, they cannot be compelled to appear before the Bureau of Anti-Corruption to face any sort of inquiry.
6. The second branch of contention raised is that the impugned notice issued under the provisions of sections 94/160 of the Code of Criminal Procedure is ex facie ......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..
Category: Anti-Corruption Laws | Date: | Hits: 191
QC Shipping Limited and another Vs. Chittagong Port Authority and others, 1998, 27 CLC (HCD)
.... with KS Nabi, Advocates — For the Respondents. Writ Petition No. 123 of 1998. Judgment AM Mahmudur Rahman J. - By this Rule the respondents were directed to show cause as to why the order dated 4-11-97 of the respondent No. 1 the Chittagong Port Authority, hereinafter shall be called the......ed in the Schedule. The petitioner No. 1 further states that it does not claim rebate. And for such illegal realisation of rates by the respondents the petitioners’ lawyer Mr. Rafique-ul-Huq issued notice demanding justice to the respondents on 6-11-1997 to desist them from charging the full amoun......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..Category: Admiralty Law or Maritime Law | Date: | Hits: 583
Arbi Khanom and 4 others Vs. State, 2000, 29 CLC (HCD)
....ow cause as to why the order of requisition of their respective land comprising CS plot No.194 of Mouja Aliganj, PS Fatullah, District Narayanganj passed by the respondent No.4 and subsequent notices dated 8-6-79 under the signatures of respondent No.3 in connection with LA Case No.127/61-62 should ......on to show cause as to why the order of requisition of their respective land comprising CS plot No.194 of Mouja Aliganj, PS Fatullah, District Narayanganj passed by the respondent No.4 and subsequent notices dated 8-6-79 under the signatures of respondent No.3 in connection with LA Case No.127/61-62......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..Category: Criminal Law | Date: | Hits: 37
Riazuddin (Md.) Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....ioner in respect of Revolver No.1120643 under Licence No.39/732 and double barrel gun No. 103048 under licence No.4-AM/174 as communicated to the petitioner vide Memo No. Arms/17-Miscellaneous/94.901 dated 16-10-94 of the office of the Deputy Commissioner, Dhaka (Arms-Section) issued under the signa......t any lawful authority. The learned Advocate further submits that the cancellation of the licences in question do not come within the ambit of section 18 of the Arms Act for non-service of show cause notice particularly in view of the fact that there is nothing on record to show that the licences we......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..Category: Others | Date: | Hits: 105
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