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Government of Bangladesh Vs. Md. Abdur Rashid and others, 2006, 35 CLC (AD)
.... High Court Division and moreover the accountants of the Secretariat got selection grade on their basic pay but those of the High Court Division were not given such selection grade. It was further stated that the accountants of the Secretariat were drawing salaries at the scale of Tk. 2550/- Tk ...... 16. In view of the discussion made above this petition is dismissed having no merit as well as being barred by 395 days. Ed. This Cases is also Reported in: 12MLR (AD) 2007, 47. ..Category: Employment/Service Law | Date: | Hits: 69
Khandker Zillul Bari and another Vs. State, 2008, 37 CLC (AD)
....rs sentence under sections 201/34 of the Penal Code as adequate, the awarding of 7(seven) years sentence by this Court for the same offence should be taken to be an enhancement of sentence. It may be stated that when the Government files an appeal to the High Court Division under section 417A of the...... to 3(three) years from 7(seven) years. The appellants are directed to surrender to serve out the sentence, if not already served out. Ed. This Case is also Reported in: 13 MLR (AD) 2003, 302. ..Category: Criminal Law | Date: | Hits: 94
Gopal Das Soni and another Vs. Government of Bangladesh and others, 2002, 31 CLC (AD)
....o law." ...."Since the property has been acquired by the Government it cannot be the tenanted property of the petitioner. The defendant specifically mentioned in para 8 of their written statement that Sree Krishna Soni died in the year 1963 and it is not denied by the plaintiffs and ......quite in accordance with law and suffers from no infirmity and illegality. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 69. ..Category: Property Law | Date: | Hits: 27
State Vs. Sailendra Chandra Borman, 2008, 37 CLC (AD)
.... civil suit cannot bar the proceedings of criminal case for criminal offence. The appeal is accordingly, allowed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 65; 16 BLT (AD) 265. ...... civil suit cannot bar the proceedings of criminal case for criminal offence. The appeal is accordingly, allowed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 65; 16 BLT (AD) 265. ..Category: Criminal Law | Date: | Hits: 63
Moulana Delwar Hosain Saydee Vs. Sudhangshu Shekhor Halder and others, 2000, 29 CLC (AD)
....wo polling centres. The ballot papers of all the polling centres under Pirojpur and Indurkani PS excepting Gabgachhiya Government Primary School Centre are to be recounted. In view of the facts as stated above the election of opposite party No. 5 is to be declared void. 6. The election o......s also without jurisdiction. For all the above reasons, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 20. ..Category: Election Law | Date: | Hits: 126
Abdul Wahab Talukdar alias Mohammad & others Vs. State and another, 1978, 7 CLC (AD)
....erial portion of one of the petition may be set out: “In compliance with the order of the S.P. Mymensingh communicated in his Memo No. 2151/V dated 4-6-73, I have the honour to state that as the occurrence took place during the period of last liberation war and genuine freed...... For the reasons, we allowed the appeals, set aside the orders of the High Court and restore those orders of the Magistrate. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 278. ..Category: Criminal Law | Date: | Hits: 45
Mariam and others Vs. Bangladesh, 1978, 7 CLC (AD)
....at did a lot of good to the people of the locality. It also appears that on the application of the appellants on 16.1.57 an enquiry was held by the Revenue Deputy Collector wherein it has been stated that there were as many as 5 bunds which completely blocked the free passage of water and t......t for decision in accordance with law in the light of the observations made above. Costs will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 247. ..Category: Civil Law | Date: | Hits: 89
Mrs. Halima Khatun Vs. Bangladesh and others, 1978, 7 CLC (AD)
.... an abrupt departure from a consistent practice. 11. His next contention was that as the Constitution of Bangladesh has not been abrogated by Proclamation of August 20, 1975 the division of state powers between the three organs of the state, namely, the Executive, the Legislature and......er the petitions have abated not cannot be in the affirmative. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 207. ..Category: Constitutional Law | Date: | Hits: 307
Faridul Alam Vs. State and another, 2007, 36 CLC (AD)
....made above, we do not find any grounds to interfere. The criminal petition is, therefore, dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 93; 16 BLT (AD) 51; 13 BLC (AD) 61. ......made above, we do not find any grounds to interfere. The criminal petition is, therefore, dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 93; 16 BLT (AD) 51; 13 BLC (AD) 61. ..Category: Criminal Law | Date: | Hits: 138
Abdul Jabbar (Md) Vs. Government of the People's Republic of Bangladesh & others, 2008, 37 CLC (AD)
.... Education, Jessore for approval of the suspension order by the Appeal and Arbitration Committee as per Rules of the Board. Thereafter, the Board issued the impugned memo dated 12-6-2006 asking, re-instatement of for respondent No. 8. 3. We have heard Mr. Sarwar Ahmed, the learned Advocate for th......rused the judgment of the High Court Division and other connected papers on record. 4. It appears that the Board of Secondary and Higher Education Jessore has conducted an investigation into the affairs of the school, on an application filed by the respondent No. 8 and the said investigation co..Category: Civil Law | Date: | Hits: 111
Azizul Hoque Vs. State and others, 2007, 36 CLC (AD)
....FIR contained the name of accused petitioner but did not contain any overt act on his part and the learned Magistrate, on considering the above and also the other materials on record including the statements under section 161, Cr.P.C and that the accused petitioner is an Additional Income Tax Co......ned Counsel could not point at any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 39
Government of Bangladesh and another Vs. Sheikh Hasina and another, 2008, 37 CLC (AD)
....nal Secretary, Law Section'1, Ministry of Home Affairs, Government of Bangladesh under Rule 19 T (1) and (2) of the Emergency Power Rules, 2007 as amended by SRO No. 39-Ain/2007 on 8-4-2007. It was stated that the impugned approval affected the right of the respondent No.1 to obtain bail in the ......ich the question is raised can be properly disposed of in some other way and Court should not give decision on any law which is not strictly necessary for the disposal of the case before it. ..Category: Civil Law | Date: | Hits: 254
Government of Bangladesh Vs. Md. Shamsul Huda and others, 2008, 37 CLC (AD)
.... learned Advocates including the president of the Bar and others met the learned Chief Justice and expressed concern of the members of the Bar and in course of discussion the learned Chief Justice stated that he had recommended for appointment of all the above mentioned Additional Judges as the ......ections and guidelines, the appeal is allowed and the order of the High Court Division appealed against is set aside. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 108. ..Category: Constitutional Law | Date: | Hits: 124
Loyal Shipping Ltd. Vs. Castrol UK Ltd. and others, 2006, 35 CLC (AD)
....-94 to 31-12-94 and consequently the defendant No. 2 sustained business and other loss amounting to Taka 4,15,27,204; in the above circumstances, the defendant No. 2, along with their written statements filed in the above Money Suit No. 21 of 1993 also filed a counter-claim claiming the sai...... of Money Suit No. 21 of 1993 by the plaintiff. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 48. ..Category: Civil Law | Date: | Hits: 111
Anti-Corruption Commission Vs. Barrister Nazmul Huda and others, 2008, 37 CLC (AD)
....7 granting bail to the respondent No. 2. 4. The short facts in Criminal Appeal No. 5 of 2008 are that Mir Md. Nasiruddin, a former State Minister for Civil Aviation and Tourism submitted a wealth statement of Taka 22,50,60,999 only to the appellant, Anti-Corruption Commission. On enquiry, the ap......fe to be certified by duly constituted Medical Board, may consider the matter of granting bail in an appropriate case in an appeal. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 256. ..Category: Anti-Corruption Laws | Date: | Hits: 219
Abdul Mannan Bhuiyan and another Vs. State, 2007, 36 CLC (AD)
....edom of thought and conscience is guaranteed. (2) Subject to any reasonable restrictions imposed by law in the interests of the security of the State, friendly relations with foreign states, public order, decency or morality, or in relations to contempt of court defamation or inci......gment and order of the High Court Division is set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 49; V ADC (2008) 150. ..Category: Criminal Law | Date: | Hits: 79
State Vs. Md. Kamaluddin @ Pichi Kamal and ors., 2005, 34 CLC (AD)
....or calling for our interference. In the aforesaid premises we do not find any substance in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. ......or calling for our interference. In the aforesaid premises we do not find any substance in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. ..Category: Criminal Law | Date: | Hits: 71
Md. Abu Alam Vs. Zarina Begum and others, 2006, 35 CLC (AD)
....ar on august 10, 1979 to dispossess him from the land in suit. Hence the suit for a decree of permanent injunction. 3. The suit was contested by the defendant Nos. 2 and 3 by filing written statement denying the material averments made in the plaint and stating, inter alia, that their pr......pellate Court. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 42
Md. Muinuddin Zulfiquer Vs. Bangladesh, 2006, 35 CLC (AD)
....e fact of the judgment for review. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly the petition is dismissed. Ed. ......e fact of the judgment for review. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly the petition is dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 79
Mahfuzul Hoque and ors Vs. Collector of Customs, Customs House, Chittagong & ors, 2005, 34 CLC (AD)
....said submissions it will be profitable to take resort to the meaning of the word 'acquiescence' as defined in Halsbury Laws of England, Third Edition, Volume IA at page 638 wherein it has been stated the acquiescence in its proper legal sense implies that a person abstains from interfering w...... 61. In view of the above, we do not find any substance in the submissions of the learned Counsel for the appellants. The appeals are dismissed without any order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 107