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Atahar Ali Sarder & others Vs. State, 1978, 7 CLC (AD)
....hase from the prosecution witnesses an admission in their cross-examination." In the result, therefore, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 227. ......-chief may be, it must be read subject to all qualifications, however, dishonest, which a witness introduced in his cross-examination, we would be paving the way for miscarriage of justice on large scale and encouraging the accused persons in this country and their relative to purchase from the pr..Category: Criminal Law | Date: | Hits: 107
Md. Akram Ali Pk. and others Vs. Md. Yasin Ali and others, 2012, 41 CLC (AD)
....failure of justice. While exercising any discretion under Order VI Rule 17 of the Code of Civil Procedure the court is required to assign its reasons so that when the order is called in question, the higher Court may be in position to see that there has been application of mind by the Court concerne......wing amendment is restored. The trial Court is directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 135; 17 MLR (AD) (2012) 242. ..Category: Procedural Law | Date: | Hits: 100
Jahangir Alam Chowdhury (Md.) Vs. Zabun Nahar Chowdhurani and other, 2008, 37 CLC (HCD)
.... their marriage her father gifted at any valuable goods and articles including ornaments and furnitures to the defendant husband and his father-in-law also gave Taka 5 lac to the defendant for taking higher education from abroad. The defendant is a man of very bad nature who always used to give pres......is Court at the time of issuance of the Rule is hereby vacated. Lower Courts record be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 322. ..Category: Family Law | Date: | Hits: 167
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4. It is reported that in future there is possibility of occurrence of severe earthquake in Bangladesh. Till date, proper rescue arrangement is not available in our country. If an earthquake of higher magnitude occurs in our country, hundreds of thousands of people are likely to lose their lif...... and Jagannath Hall sustained injuries. A news item was also published in The Daily Ittefaq on 28-7-2008 stating that the intensity of the earthquake occurred on 26-7-2008 was measured on the Richter scale as 5-6. Different news items were published in the daily newspapers stating that a large porti..
Category: Constitutional Law | Date: | Hits: 211
BIVAC International SA and another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....: "Let a Rule Nisi issue calling upon the respondents to show cause as to why (a) the letters variously issued by the respondents deducting VAT from the petitioners' invoices purportedly at a rate higher than 4.5% (as evidenced in Annexure-A series and more specifically identified in Prayer 'A' t......t without any order at to cost. The order of direction given at the time of issuance of the Rule by this Division is hereby recalled. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 284. ..Category: Fiscal/Taxation Law | Date: | Hits: 152
Biman Bangladesh Airlines Limited and others Vs. Md. Moniruzzaman and others, 2011, 40 CLC (AD)
....service benefit from the date of passing the judgment and order by the High Court Division on 18-3-2010 in writ petition No.4480 of 2009. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 56.......t was stated, inter-alia, that after being appointed as Accounts Assistant vide Memo No. Dhak GE/P 34174/88/848 dated 30-6-1988 the petitioner joined Bangladesh Biman Corporation on 2-7-1988 at the scale of Taka 950-2100 and was confirmed in the post on 16-2-1989. The petitioner was promoted to th..Category: Employment/Service Law | Date: | Hits: 111
Government of Bangladesh and others Vs. Abdul Motaleb & others, 2011, 40 CLC (HCD)
....original owners, they have acquired right, title and interest. It is further argued that the original owner did not challenge the judgment and order passed by the Special/Subordinate Judge before the higher Court and the same is binding upon the revenue authority as well as the original owner and th...... based on proper appreciation of laws and facts. Accordingly, all the 3 (three) appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 50. ..Category: Property Law | Date: | Hits: 67
Government of the People's Republic of Bangladesh Vs. Nasirur Rahman, 2011, 40 CLC (AD)
.... was a competent, efficient and sincere officer and had his service been transferred to the revenue budget along with the service of other employees of the project, he might have been promoted to the higher post at the earliest opportunity and as such, the petitioner should also be given promotion a....... মশিবিম/শাঃউঃ-৭/২৮/৯৬-৯৭(অংশ-১)-২০৬/১(২)dated 02.08.1999, so in the eye of law, the petitioner was in service as the Project Director at the pay scale of the Deputy Project Director. The learned Judges further found that the refusal dated 23.03...Category: Employment/Service Law | Date: | Hits: 119
Government of Bangladesh and Others Vs. Md. Mosharraf Hossain, 2011, 40 CLC (AD)
....ted Officers. In the writ petition, it was contended that PAs/Stenographers who were lower in rank and status to the post of ABOs were classified as Second Class Gazetted Officer and hence received a higher salary; the ABOs of the High Court Division were being discriminated against their counterpar......f no legal effect. The petitioner also sought direction upon the present appellants who were respondent Nos.1-3 in the writ petition to grant him the status of First Class Gazetted Officer with a pay scale of TK. 9000-405X16-15480 under the National Pay Scale, 2005 and accordingly, Rule was issued i..Category: Employment/Service Law | Date: | Hits: 127
Government of Bangladesh and Others Vs. Himangshu Ranjan Pal, 2011, 40 CLC (AD)
....In the meantime, the Head Master of the school prevented the petitioner on 17.9.1991 from signing the Daily Attendance Register of teachers and informed that he had verbal instruction for it from the higher authority. 3. He then made written representation to the Thana Education Officer stating a......aging Committee of the aforesaid school. In the year 1990 he was promoted to the post of Assistant Head Master of the school. But due to unknown reasons the petitioner was not given the modified time scale to which he was entitled. He made repeated written representations to the authority concerned,..Category: Administrative Law | Date: | Hits: 240
Jamil Akhter Elahi (Md.) Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....ans to its senior executives has been introduced but without any interest. It also allows maintenance allowance for each car. This loan is not for all employees of the bank but restricted only to the higher executives, such as, Assistant General Manager, Deputy General Manager, General Manager, Depu......ion is misconceived and the Rule is liable to be discharged. In the result, the Rule is discharged but without any order as to cost. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 64...Category: Others | Date: | Hits: 134
Islam Enterprise Vs. Commission of Taxes Zone-3, 2007, 36 CLC (HCD)
....ification of the mistake." 39. There is generally no dispute that once an assessment is made, it cannot be reopened by the Income Tax Officer of his own motion or at the direction of any authority higher to him except in the circumstances indicated in section 173 of the Ordinance. 40. On the a......he applications under section 173 of the Ordinance in the negative and against the revenue and in favour of the applicants. No costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 59...Category: Fiscal/Taxation Law | Date: | Hits: 97
.... Engineers was pending for a long time and the matter was processed by the department within the knowledge of the petitioners and at no point of time prospect of regularization was negatived from the higher authorities and therefore, the petitioner had been expecting their regularization and in view......have been working in respect of those development projects will be eligible for consideration for absorption in the revenue set up, and the other employees and officers either employed on monthly pay scale basis or on daily wage basis in respect of other development projects can not claim as of righ..
Category: Employment/Service Law | Date: | Hits: 147
....titioners herein contested the Rule by filing affidavit-in-opposition contending, inter alia, that the value of the land had increased manifold and as such the writ petitioner was required to pay the higher value.
4. The High Court Division upon hearing both the parties, by the impugned judgment...... appreciation of the facts and circumstances of the case.
We do not find any merit in the leave petition.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in:
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Category: Civil Law | Date: | Hits: 70
Abdul Mataleb Howlader and others Vs. State, 2003, 32 CLC (HCD)
....d by this Court earlier, stands vacated. Send a copy of this judgment to the Court concerned at once for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 607.......as been threatened by the other side in open Court to be picked up from the Court with no hope to return and there is also pressure on his lawyer not to defend him, it is thus difficult to assess the scale of threat to his life or its existence of non‑existence. We have already mentioned earlier t..Category: Criminal Law | Date: | Hits: 86
Kazi Liakat Ali and others Vs. Chairman, Civil Aviation Authority and another, 2003, 32 CLC (HCD)
....harged. The order of stay granted by this Court at the time of issuance of the Rule is hereby vacated. We however, make no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 595.......itioners with regard to practice is not tenable. 26. Admittedly, the petitioners had been working for the last 10/15 years (with some intervals) on daily payment basis. They were not given any pay scale or festival allowances which are provided to regular employees of the Authority. During this l..Category: Employment/Service Law | Date: | Hits: 125
Hasan Rony Vs. State, 2004, 33 CLC (HCD)
....d not receive any response from inside. PW 7 thereupon, intimated the incident over telephone to the police and on the basis of such information, he came to the hotel and with prior permission of the higher authority, he entered into the room by breaking the door and noticed that the woman was lying...... AIR 1972 SC 535, it has been observed "it is true that if the threat to the person or property which the accused was entitled to defend was real and immediate he was not required to weight in golden scales the kind of instrument and the force which he used at the spur of the moment". This right of ..Category: Criminal Law | Date: | Hits: 128
Abdullah (Md) and others Vs. Majibul Huq and others, 2003, 32 CLC (HCD)
....os. 1‑4 is found. The contention therein appears to be that the application once rejected, the trial Court rightly rejected the subsequent application as the earlier order was not challenged in any higher forum. Further contention of the opposite parties are that, the disputed solenama and decree ......No. 14 dated 30‑5‑2001 be set aside and the application dated 20‑5‑2001 be allowed. However, there will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 528. ..Category: Civil Law | Date: | Hits: 75
....in section 2 of the Ordinance of 1983 read with sub-section 2 of section 20 of the Ordinance of 1982, otherwise, he submitted, the total emoluments receivable by the Election Commissioners would be higher to that of a Judge of the Supreme Court. Besides the President may appoint any person eligibl......already been deducted earlier, on account of pension.
In the result, this Rule Nisi is made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 113.
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Category: Employment/Service Law | Date: | Hits: 99
Padma Oil Co. Ltd. Vs. SM Nurul Islam and others, 2002, 31 CLC (HCD)
....efendant petitioner-company namely, Padma Oil Co. Ltd, since 2‑5‑1980 as Accounts Officer, he was very sincere, honest and hard working and had been performing his duties with satisfaction of his higher authorities, his service record was clean and no punishment was awarded on him during his ser...... as to cost. The order of stay granted at the time of issuance of the Rule stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 505. ..Category: Employment/Service Law | Date: | Hits: 122
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