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....efits he is entitled to get under the aforesaid Bangladesh Water Development Board (Employees) Service Rules, 1982, i.e. under the law.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 136.......laint (ka) 20/95 dated 28-5-97 (Annexure-R) issued by the respondent No. 5 regarding compulsory 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 p..
Category: Employment/Service Law | Date: | Hits: 72
Tahera Khatun Bibi and others Vs. Abdul Jalil Mandal and others, 1998, 27 CLC (HCD)
....ption is allowed. Send down the lower Court records at once. The order of status quo granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 134. ...... 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-emptors filed the pre-emption ca..Category: Property Law | Date: | Hits: 56
Mukit and others Vs. State, 2011, 40 CLC (AD)
....in be set at liberty at once if not wanted to connection with any other case. This Case is also Reported in: 8 LG (AD) (2011) 17, 16 MLR (AD) (2011) 86, VIII ADC (2011) 238, 31 BLD (AD) (2011) 56. ......about 8 a.m. the occurrence took place towards the northern side of the house of Fazir Uddin since deceased over felling and selling of some trees. It is alleged that the accused persons forming an unlawful assembly trespassed into the place of occurrence and at one stage they attacked Fazir Uddin..Category: Criminal Law | Date: | Hits: 49
A. F. M. Obaidur Rahman Vs. Md. Asgar Ali and others, 2003, 32 CLC (AD)
....ny infirmity in the impugned judgment of the High Court Division for interference. The petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 34, 63 DLR (AD) (2011) 80. ......he impugned judgment and order dated 25.8.2003 passed by the High Court Division in Writ Petition No. 1248 of 2003 making the rule absolute in part declaring that by not holding election according to law the action of the respondent has become illegal and directing the writ-respondent Nos.1, 3 to 5 ..Category: Civil Law | Date: | Hits: 116
State Vs. Mukta Khan and another, 2011, 40 CLC (AD)
....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. ......l Miscellaneous Case No.25185 of 2010, directing the respondents to surrender before the Court of Chief Judicial Magistrate, Jhenaidah, within 8(eight) weeks from date with a further direction to the law enforcing agencies not to arrest or harass or disturb them in any manner presumably in connectio..Category: Criminal Law | Date: | Hits: 55
Md. Nasirullah & other Vs. Md. Ziauddin Khan & others, 2007, 36 CLC (AD)
....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. ...... right of redemption shall accrue after 12 years from 1936, date of mortgage deed and the suit has been filed within a period of 60 years. Accordingly both the courts below committed a gross error of law in construing the President's Order No. 88 of 1972 and in holding that the mortgage deed was exe..Category: Property Law | Date: | Hits: 60
.... above, we find no substance in the submission of the learned Advocate-on-Record for the petitioner.
Accordingly, the petition is dismissed.
This Case is also Reported in: 19 BLT (AD) (2011) 5.
......ted the suit contending that the Government has legal right and title to the aforesaid properties of hats Bazars and jalmahals for which tender notice were issued by the Government in accordance with law; that each year Government has been issuing tender notices and leasing out the aforesaid hats an..
Category: Property Law | Date: | Hits: 71
Lutfor Rahman Vs. Divisional Mechanical Engineer and others, 1998, 27 CLC (HCD)
.... Accordingly, we direct to dispose of the review petition according to law. In the result, we make the Rule absolute. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 133.......al Law Order 9 of 1982 signed by the Secretary, Ministry of Communication. 3. The petitioner obtained this Rule upon such facts challenging the order on the ground the same has been passed without lawful authority and to dispose of the review application filed by him on 29-8-85 before the Review ..Category: Employment/Service Law | Date: | Hits: 78
Hanif Sheikh (Md.) Vs. Asia Begum, 1998, 27 CLC (HCD)
....he charges leveled against him. The accused petitioner is discharged from his bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 129.......ndered herself to the carnal desire of the accused, no offence under section 493 of the Penal Code has been made out and, as such, the impugned order of conviction and sentence is not maintainable in law. The learned Advocate further submits that the learned Court of appeal below was manifestly wron..Category: Criminal Law | Date: | Hits: 67
Nurul Alam Chowdhury and another Vs. State, 1998, 27 CLC (HCD)
....ned. The order staying realisation of fine granted earlier by this Courts stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 125.......r. Faisal Mahmud Faizee, the learned Advocate appearing for the petitioners, submits that the learned Courts below without properly discussing and considering the material evidence on record erred in law in passing the impugned order of conviction and sentence and the same has occasioned failure of ..Category: Criminal Law | Date: | Hits: 68
Omar Faruk (Md.) and others Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
....ioners are to be rejected. Accordingly, these two review applications being Review Application Nos.15 and 16 of 1998 are rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 118. ......d. 6. In these two review applications it is stated that the Appellate Tribunal did not consider the declaration form and further the Special Bench so constituted was not formed in accordance with law who heard that appeal, as such, the order passed by the Tribunal is coram non-judice. On these t..Category: Fiscal/Taxation Law | Date: | Hits: 90
Nasim Anwar Hossain Vs. Bangladesh Bank and others, 2010, 39 CLC (HCD)
....dent from annexe-B to the writ petition) is hereby declared to have been done without lawful authority and is of no legal effect. Nazmun Ara Sultana, J.- I agree. This Case is also Reported in: ...... included in the CIB report. We have perused the writ petition and the papers submitted therewith, considered the submissions of the learned Advocates for both the parties, and carefully examined the law and decisions cited by the learned Advocate for the petitioner. Section 5 (GaGa) of the Bank Com..Category: Civil Law | Date: | Hits: 167
Md. Arif Gaffar Vs. Artha Rin Adalat, Khulna and others, 2010, 39 CLC (HCD)
....reby cancelled. The office is directed to communicate the copy of this judgment at once to the concerned executing Court. Nazmun Ara Sultana, J.- I agree. This Case is also Reported in: ......tice to show cause as required under Order XXI rule 37 of the Code of Civil Procedure and also in violation of the principle of natural justice, and as such the impugned order has been passed without lawful authority. 5. On the other hand, Mr. Md. Golam Mostafa, the learned Advocate appearing for..Category: Civil Law | Date: | Hits: 169
Islami Bank Bangladesh Ltd. Vs. District Anti-Corruption Officer and another, 2001, 30 CLC (HCD)
....s are made without any lawful authority and are of no legal effect. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 233.......mo No. 619/5 Cr dated 29‑5‑94 (Annexure‑C) issued by, respondent No. 2 directing examination and seizure of documents from the petitioner bank should not be declared to have been passed without lawful authority and to be of no legal effect. 2. The petitioner is a banking company incorporate..Category: Anti-Corruption Laws | Date: | Hits: 153
Dhaka International University Vs. Secretary, Ministry of Education and others, 1997, 26 CLC (HCD)
....s have been published are entitled to certificate of the degree. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 91. ......ice 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 petitioner, should not be declared to have been passed without lawful authority and is of no legal effect. 2. The founder of the petitioner, Dhaka International..Category: Others | Date: | Hits: 104
Muhammadullah Vs. Sessions Judge and others, 1998, 27 CLC (HCD)
.... the premises we do not find any illegality in the impugned order. Accordingly, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 374.......sions 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 be declared to have been passed without lawful authority and why direction should not be made for quashing proceedings against the petitione..Category: Criminal Law | Date: | Hits: 56
State Vs. Rabiul Hossain alias Rob, 2000, 29 CLC (HCD)
.... to this Court. The connected appeals being Criminal Appeal Nos.1205 of 1997 and 1391 of 1997 may go out of list for the time being. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 370.......earned Additional Sessions Judge, 1st Court, Kushtia along with 12 others. The prosecution examined as many as 20 witnesses. During trial the condemned prisoner was in custody. He did not appoint any lawyer of his own choice and no lawyer was appointed on behalf of the state to defend him as it appe..Category: Criminal Law | Date: | Hits: 47
....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.......Shuab Ahmed, Assistant Attorney-General-For the State.
Criminal Revision 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 ..
Category: Labour and Industrial Law | Date: | Hits: 184
Kala Miah Vs. Gopal Chandra Paul and others, 1998, 27 CLC (HCD)
....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. ......Suit No. 298 of 1983 and subsequently on the prayer of the plaintiff this suit was withdrawn. The defendant asserted that the plaintiff has filed this suit on the same cause of action which is bad in law. This defendant further asserted that one Prasanna Kumar Paul and the present plaintiff in collu..Category: Property Law | Date: | Hits: 51
....devoid of any substance and the same must discharged.
In the result, the Rule is discharged, however, without any order as to cost.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 72.
......n the respondents to show cause as to why the impugned order contained in Memo No. 485/DAB(Dhaka) dated 8-4-96 (Annexure-A) issued by respondent No. 2 should not be declared to have been made without lawful authority and is of no legal effect.
2. The facts leading to the issuance of the Rule may ..
Category: Anti-Corruption Laws | Date: | Hits: 191
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