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Shafiqul Islam (Md.) Vs. State, 1998, 27 CLC (HCD)

....temptation, cajoling or coaxing or flattering her irrespective of her age offence under that section will not be committed. We have noticed in some cases that the provisions of this Ain providing for higher punishments for the offence against the children and women are being abused to harass the adv......k be set at liberty if not wanted in connection with any other case. Let the affidavit filed by Noor Ali Sk. be kept with the record. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 581. ..

Category: Criminal Law | Date: | Hits: 89

Islami Bank Bangladesh Ltd. & another Vs. Agrani Bank & others, 2010, 39 CLC (HCD)

....g of the evidence of D.W.-land 2 in particular amply speaks about the manner of opening the account; the state of transactions made in the account over the years; sudden deposit of disproportionately higher amount of cheques that too in quick succession and withdrawal of almost the entire money in u......t. The impugned judgment and decree passed by the trial court is hereby affirmed.  Send down the L/C records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 150.  ..

Category: Business or Commercial Law | Date: | Hits: 548

Acqua Foods Limited and another Vs. Controller of Imports and Exports and others, 1997, 26 CLC (HCD)

....orruption stood closed. It is submitted that cancellation of the Export Registration Certificate is arbitrary and illegal and without jurisdiction. It is further submitted that at the instance of the higher authority, the Controller of Imports and Exports passed the order of cancellation of Export R......Certificate of the Petitioners immediately. Considering the facts and circumstances of the case, there will be no order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 498. ..

Category: Civil Law | Date: | Hits: 140

Motiur Rahman Bahadur Vs. Hemanta Kumar Shill, 2010, 39 CLC (HCD)

....ent and part decree passed by the Subordinate Judge 2nd Court, Pirojpur, is maintained. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 180. ...... of 1990 seeking to dispose of 0.16 acre land at Tk. 50,000 to be executed for legal necessity and other two are not. True it is that the case of the appellant as is pleaded cannot be measured on the scale of legal necessity. It cannot still be denied that the defendant No.2 is a poor widow left wit..

Category: Property Law | Date: | Hits: 107

Shaukat Ali and another Vs. Chairman, Labour Court, Khulna and others, 1992, 21 CLC (HCD)

....d, shall be paid by the employer compensation at the rate of (thirty days) wages for every completed year of service or for any part thereof in excess of six months, or gratuity, if any, whichever is higher." 16. In the light of our above finding and provision made in the Employment of Labour (St......ee and those figures ultimately went for preparing bills. It is alleged by the petitioner that on the date of occurrence there was a rush of people in the weighment room. In the midst of noise in the scale room the petitioner had to record the weighment of all the carts in a rough paper. The purpose..

Category: Labour and Industrial Law | Date: | Hits: 182

Junnur Rahman (Md.) Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others, 1997, 26 CLC (HCD)

....inance 1984 as contended by the learned Advocates for the respondents. He contended that impugned Administrative Circular gave way to arbitrariness in the selection of candidates for promotion to the higher posts and, as such, the same is not only violative of the fundamental right guaranteed under ......g 100% vacancies in the post of Assistant General Manager by promotion from the post of Senior Principal Officer (SPO). Sub-Regulation No.4 of Regulation provides: “promotion to the posts in the scale of pay of Taka 3700-4825 and above shall be on merit-cum-seniority basis.” By letter date..

Category: Employment/Service Law | Date: | Hits: 194

Md. Siddiqur Rahman and others Vs. Government of the People’s Republic of Bangladesh represented by the Secretary, Ministry of Liberation War Affairs and others, 2012, 41 CLC (HCD)

....him (in Writ Petition No. 2183 of 2004).” (paragraph 9, Page 44) 10. In those cases the Rules were made absolute as the petitioners therein were getting state honorarium from long before at a higher rate, which was subsequently stopped/curtailed/reduced without service of show cause notice. ......n future to the respondent-Trust, it will dispose of the same in accordance with law within shortest possible time. Mohammad Bazlur Rahman J.- I agree. Ed. This Case is also Reported in: ..

Category: Constitutional Law | Date: | Hits: 237

Ahmed Hossain and others Vs. Md. Samsur Ali Mondal and others, 2006, 35 CLC (HCD)

.... on the sole finding that earlier similar type of application was rejected by order No.67 dated 30.5.99 but against the said order of rejection the petitioners did not move any application before the higher Court and thus over the self same issue the belated application is not maintainable. 3. Mr......e appeal as early as possible preferably within four months from the date of receipt of this order. Communicate the order at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 181. ..

Category: Property Law | Date: | Hits: 96

Mohammad Badiuzzaman Vs. Bangladesh and Others, 2010, 39 CLC (HCD)

....iminatory between citizens of the same country are in violation of the guarantees of equality under Articles 27 and 31 of the Constitution. That philosophy, Mr. Ahmed contends, has progressed on to a higher plane of administrative and geographi­cal segregation aimed at a probable political detachme......immi­gration into the CHT in order to facili­tate trade and irrigation-oriented intensive agriculture, both of which were relatively new to the indigenous peoples. It was careful not to allow large scale immigration, fearing the growth of anti-British sentiments, which were more common in the plai..

Category: Constitutional Law | Date: | Hits: 314

Chowdhury Ataur Rahman Azad Vs. State, 2009, 38 CLC (HCD)

....ort and released the accused. Therefore, he became functus officio and had no authority to revive the case again. 9. In fact, the complainant did not chal­lenge the order of the Magistrate to the higher Court. Even he did not file any naraji. So in such a situation learned Magistrate had no powe......, District-Sylhet. Send down a copy of this Judgment to the lower Court for necessary action at once. Md. Imman Ali J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 186. ..

Category: Criminal Law | Date: | Hits: 84

Bangladesh Film Development Corporation Vs. Chairman, 1st Labour Court, Dhaka and others, 1996, 25 CLC (HCD)

....Court, in complaint Case No.450 of 1993. Stay Order granted earlier by this Court is hereby vacated. Send down the LC Records at once. Ed. This Case is also Reported in:49 DLR (HCD) (1997) 396. ...... by Bangladesh Film Development Corporation as a Lower Division Assistant-­cum‑Typist vide Memo No. FDC/Admn. (Administration and Finance) 35(7) dated 7‑7‑92 (Annexure‑A) in the national pay scale of Taka 1200.00‑2335.00. One of the conditions of her appointment was that her service would..

Category: Labour and Industrial Law | Date: | Hits: 265

Akhter Hossain (Md.) Vs. Bangladesh and others, 2009, 38 CLC (HCD)

....-report by an Inspector of Customs into the alleged suspension wherein it has been categorically stated that the allegations against the Petitioner has not been proved after enquiry and, as such, the higher authority was recommended to take appropriate steps on the matter. Thus indicating that the P......roup-2 and Inquiry Officer, Customs House, Dhaka and withdraw the suspension order of license. There will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 82. ..

Category: Fiscal/Taxation Law | Date: | Hits: 166

AKM Fayekuzzaman Vs. State and another, 2010, 39 CLC (HCD)

....ce, if any, if she wished under actual facts. Let a copy of this Judgment be sent to the trial Court at once for necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 37. ......t that there is no ground for proceeding so that frivolous cases and cases of no evidence do not Occupy the time of the Court and innocent persons are subjected to the rigorous and expenses of a full scale trial. 21. The Role of High Court Division is to see whether things are done rightly. High ..

Category: Criminal Law | Date: | Hits: 99

Administrator, Zilla Board Vs. Mukhlesur Rahman, 1983, 12 CLC (HCD)

....pect of such employees. The post of Assis­tant in the District Board is a permanent post and the post of Accountant, Works Pro­gramme is a temporary post. So, deputation to a permanent post with a higher maximum limit of salary is not tantamount to demotion. Moreover, deputation does not mean per......Mymensingh preferred this Second Appeal. 4. The gist of the case of the plaintiff is that he was appointed an Accountant of Works Programme, District Council, later District Board, Mymensingh on a scale of Tk.200-10-270-15-330/- on a temporary basis. He joined his post on 12.08.1968. He was sudde..

Category: Employment/Service Law | Date: | Hits: 120

Intertek Testing Service International Ltd. Vs. Md. Monowar Hossain, 2011, 40 CLC (HCD)

.... supplier which prima facie shows that no inspection of the goods was held by defendant Nos.1 and 2 and the value of the goods was shown in the C.R.F. at GBP 89,430,45, that is, more than 10,76 times higher than the price mentioned in the invoice of the goods; that the defen­dant Nos.1-2 have not d......urt, Dhaka in Money Suit No.11l of 2007 is maintained. The trial court concerned, will, how­ever, expedite the trial of the suit. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 409. ..

Category: Fiscal/Taxation Law | Date: | Hits: 156

Sabirannessa and others Vs. Kabir Ahmed and others, 1995, 24 CLC (HCD)

....r report and, as such, the report was accepted and the final decree was drawn up which was duly sealed and signed by the trial Court. It appears that against that final decree neither party moved any higher Court in appeal; though there may be an appeal against the final decree, on the ground that t......assed on 10‑11‑87 which was subsequently set aside. On 6‑1‑1993 the learned Assistant Judge accepted the commissioner's report and the preliminary decree was made final which was subsequently scaled and signed on 21‑11‑1993 and then Title Execution Case No.1 of 1993 was initiated for get..

Category: Procedural Law | Date: | Hits: 112

Bangladesh Environmental Lawyers Association (BELA) Vs. Bangladesh represented by the Secretary, Ministry of Environment and Forest and 18 others, 2010, 39 CLC (HCD)

....h, of no legal effect. Order of stay granted in this Rule stands vacated. Communicate the judgment to the respondent Nos. 1-13. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 123. ......arply contrasting the statements of respondents No.7, respondent No.9, i.e., the Divisional Forest Officer submitted that the Department of Forest has already implemented tree plantation on a massive scale in the lands in question and has created dense mangrove therein to reduce the velocity and int..

Category: Environmental Law | Date: | Hits: 891

Abul Kashem Shawdagar Vs. Abdur Razzaque & others, 1983, 12 CLC (HCD)

....able at the time of occurrence at the P.O. and so at that this state while the subsequent I.O. stated that there was no genuine evidence about the alleged occurrence and while no requisition from any higher Court is received till today and the report sub­mitted subsequently from Assistant Police Co......igation directed by the Court before cognizance has been taken. As such I refrain from giving my decision on the point indicated above. Ed. This Case is also Reported in:36 DLR (HCD) (1984) 63. ..

Category: Criminal Law | Date: | Hits: 93

Rehana Ali Vs. Bangladesh, represented by the Secretary, Ministry of Education and others, 2012, 41 CLC (HCD)

.... and Md. Khaled as Member Secretary. 10. In the Report it is stated that the committee visited 12 institutions in Dhaka City and found that they were providing tuition in the name of coaching for higher degrees of foreign Universities. It is further stated that none of these institutions entered......dingly the Respondent No.5 is directed to pay a sum of Taka 1,50,000/- (one lac fifty thousand) to the petitioner. Md. Faruque (M. Faruque) J.- I agree. Ed. This Case is also Reported in: ..

Category: Others | Date: | Hits: 146

Ain-O-Salish Kendro (ASK) Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)

....s of control fail, in order to prevent a prisoner from injuring himself or others or from damaging property; in such instances the director shall at once consult the Medical officer and report to the higher administrative authority." 12. These are the laws and rules relevant for the imposition of......proper to dispose of the Rule with the directions and observation made above, without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 448; 13 BLC (HCD) (2008) 148. ..

Category: Constitutional Law | Date: | Hits: 219