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Bangladesh Vs. Shafiuddin and Others, 1997, 26 CLC (AD)
....sub-paras (ka) and (Kha) of the first paragraph of which (declared unconstitutional by the majority judgment), a 5-Member Committee was formed with the Minister of State, Ministry of Establishment as Chairman and high officials of the Government as Members to make recommendations for promotion to th...... Latifur Rahman J Md. Abdur Rouf J Bimanendu Bikash Roy Chowdhury J Bangladesh represented by the Secretary, Ministry of Establishment……………Appellant Vs. Shafiuddin Ahmed and 2 others …………………………………………………Respondents (In Civil Appeal N......sider the proposals processed through the Superior Selection Board for promotion to the posts of Joint Secretary and above and to the posts of Depart- mental Heads, Heads of self-governing bodies and Members and Directors of the Executive bodies thereof.” The formation of Council Committee by N......-2-92. 5. Rules Nisi were issued in these two writ petitions by a Division Bench of the High Court Division challenging the promotions on the ground of non-consultation of the promotions with the Public Service Commission, the constitutionality of the constitution of the two Committees and the p..Category: Constitutional Law | Date: | Hits: 185
Dr. Waliar Rahman Vs. Bangladesh and others, 1997, 26 CLC (AD)
....stitution of Bangladesh, 1972, Article 102 The High Court Division vacated the order of stay granted earlier and refused to grant stay any further, the matter relating to dispute between suspended Chairman and the acting chairman in respect of their performing the functions. Appellate Division ge......sent: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Dr. Waliar Rahman…………………. Petitioner Vs. Bangladesh and others.......... Respondents Judgment March 20, 1997. Result: The petition is dismi......ly prayer that the writ-petitioner can make now is to pray for an early hearing of the writ petition. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 26. ......ly prayer that the writ-petitioner can make now is to pray for an early hearing of the writ petition. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 26. ..Category: Others | Date: | Hits: 112
Islam Steel Mills Ltd. Vs. Nirman International Ltd. and others, 1998, 27 CLC (AD)
.... trying to withdraw bills from the Bangladesh Bank to defraud the plaintiff and to frustrate the suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 21. ......J Md Abdur Rouf J Bimalendu Bikash Roy Choudhury J Islam Steel Mills Ltd……………………………………………….. Plaintiff-Petitioner Vs. Nirman International Ltd. and others ………………….Defendant-Respondents Judgment May 25, 1997. Result: T...... trying to withdraw bills from the Bangladesh Bank to defraud the plaintiff and to frustrate the suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 21. ...... trying to withdraw bills from the Bangladesh Bank to defraud the plaintiff and to frustrate the suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 21. ..Category: Procedural Law | Date: | Hits: 134
Bangladesh Bar Council Vs. Khawja Abdul Gani and another, 1997, 26 CLC (AD)
....ent case, although offence of this nature is not compoundable. Consequently, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 18. ......: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md Abdur Rouf J Bimalundu Bikash Roy Choudhury J Bangladesh Bar Council................ Appellant Vs. Khawja Abdul Gani and another ………….Respondent Judgment November 20, 1997. Result: The appeal is d......ent case, although offence of this nature is not compoundable. Consequently, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 18. ......ent case, although offence of this nature is not compoundable. Consequently, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 18. ..Category: Others | Date: | Hits: 105
Azizur Rahman alias Md. Azizur Rahman Vs. Bangladesh, 1997, 26 CLC (AD)
....beginning of this judgment to be in the positive, namely, that there is jurisdiction to interfere, the appeals arc dismissed. No costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 8. ......J Bimalendu Bikash Roy Choudhury J Azizur Rahman alias Md. Azizur Rahman……….………… Appellant Vs. Government of Bangladesh represented by the Secretary, Ministry of Housing and Public Works and others……………….Respondents AM Agha Yousuf and another…………......beginning of this judgment to be in the positive, namely, that there is jurisdiction to interfere, the appeals arc dismissed. No costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 8. ...... Bimalendu Bikash Roy Choudhury J Azizur Rahman alias Md. Azizur Rahman……….………… Appellant Vs. Government of Bangladesh represented by the Secretary, Ministry of Housing and Public Works and others……………….Respondents AM Agha Yousuf and another……………..Category: Procedural Law | Date: | Hits: 138
Bangladesh Shilpakala Academy Vs. Shahidul Islam and another, 1997, 26 CLC (AD)
....as liable to be declared as such. This appeal must, therefore, fail. It is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 1. ......ifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh Shilpakala Academy represented by the Director General of the Academy …….Appellant Vs. Shahidul Islam and another …………………...Respondents Judgment January 23, 1997. Result: Th......as liable to be declared as such. This appeal must, therefore, fail. It is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 1. ......as liable to be declared as such. This appeal must, therefore, fail. It is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 1. ..Category: Employment/Service Law | Date: | Hits: 145
Giasuddin (Md) Vs. MV Forum Power and ors, 2001, 30 CLC (AD)
....realisation of Taka 11,59,882.25 with cost against the defendant respondent Nos. 1-5 as prayed for. Ed. This Case is also Reported in: 53 DLR (AD) (2001)19 ......sp; Giasuddin (Md)..................................................... Appellant Vs. MV Forum Power and ors........... ....................... Respondents Judgment July 19, 2000. ......realisation of Taka 11,59,882.25 with cost against the defendant respondent Nos. 1-5 as prayed for. Ed. This Case is also Reported in: 53 DLR (AD) (2001)19 ......realisation of Taka 11,59,882.25 with cost against the defendant respondent Nos. 1-5 as prayed for. Ed. This Case is also Reported in: 53 DLR (AD) (2001)19 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 202
Nazem Uddin Vs. Election Tribunal & Others, 2001, 30 CLC (AD)
....sp; Kazi Ebadul Hoque J.- This appeal by leave at the instance of the elected Chairman is from judgment and order dated 10-3-1999 passed by a Division Bench of the High Court Div......ly 9, 2000. The Union Parishad (Election) Rules, 1983, Rule 45 The Local Government (Union Parishad) Ordinance, 1983 (LI of 1983), Sections 26 and 29 (i) In the instant case new facts having not been introduced and by ame...... the same. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 17 ...... the same. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 17 ..Category: Election Law | Date: | Hits: 109
Syed S.M. Hasan Vs. Bangladesh, 2002, 31 CLC (AD)
....ers in 1997 for an interview for selection for promotion to the grade of General Managers in terms of the Provisions in para 5(3) of the aforesaid Notification. That the Selection Committee under the Chairmanship of the Governor of the Bangladesh Bank thoroughly examined the service record, work exp......l Karim J Syed J. R. Mudassir Husain J Syed S.M. Hasan.............Appellant Vs. Bangladesh represented by the Secretary, Ministry of Finance, Banking Division and another.......Respondents Judgment December 18, 2002. Cases Re......le of equity and good conscious. In the result, this appeal is dismissed without an order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 76. ......he General Manager in all nationalized Banks and the Rupali Bank Ltd. were included in a common pool with a combined seniority list and promotion centrally controlled under the provisions of the Public Notification No. MF/Banking Division/Sec. IV/Recruitment Rules-3/95-124 dated 09.03.96 issued..Category: Administrative Law | Date: | Hits: 130
Agrabad Hotel Ltd. & another Vs. Revenue Deputy Collector, Cox's Bazar & others, 2006, 35 CLC (AD)
....e discussions made above, we are of the view that the High Court Division was not justified in discharging the Rule. The appeal is, accordingly, allowed. No order of cost. Ed. ......r the Appellants A. J. Mohammad Ali, Additional Attorney General instructed by B. Hossain, Advocate-on-Record- For the Respondents Civil Appeal No. 323 of 2001 (From the Judgment and Order dated 13.07.2000 passed by the High Court Division in Writ Petition No. 1605 of 1998) ......e discussions made above, we are of the view that the High Court Division was not justified in discharging the Rule. The appeal is, accordingly, allowed. No order of cost. Ed. ......ent and order dated 13.07.2000 passed by a Division Bench of the High Court Division in Writ Petition No. 1605 of 1998 discharging the Rule. 2. Short facts are that the appellant No. 1, a Public Limited Company and the appellant No. 2, Managing Director of the said Company filed the..Category: Property Law | Date: | Hits: 127
Abdus Quddus Vs. Administration of Waqf & others, 2006, 35 CLC (AD)
....bsp; 16. Accordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ......sp; Abdus Sobhan, Senior Advocate (Moqbul Ahmed with him) instructed by Md. A.K.M. Shahidul Huq, Advocate-on-Record- For the Respondents Civil Appeal No. 441 of 2001 (From the judgment and order dated 06.11.2000 passed by the High Court Division in Writ Petition No. 2999 of 1999) ......bsp; 16. Accordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ......bsp; 16. Accordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ..Category: Property Law | Date: | Hits: 57
Md. Abdul Jalil Khan Vs. State, 2006, 35 CLC (AD)
....rit consideration. Moreover, the petition is also delayed by 444 days but the reasons for condonation of delay are far from satisfactory. The criminal petition is accordingly dismissed. Ed. ......, Senior Advocate, instructed by Md. Nowab Ali, Advocate-on-Record- For the petitioner Not Represented-Respondent Criminal Petition for Leave to Appeal No. 124 Of 2001 (From the Judgment and Order dated 11.04.2000 passed by the High Court Division in Criminal Miscellaneous Case No. 2179......rit consideration. Moreover, the petition is also delayed by 444 days but the reasons for condonation of delay are far from satisfactory. The criminal petition is accordingly dismissed. Ed. ......rit consideration. Moreover, the petition is also delayed by 444 days but the reasons for condonation of delay are far from satisfactory. The criminal petition is accordingly dismissed. Ed. ..Category: Anti-Corruption Laws | Date: | Hits: 94
Janata Bank Vs. Khalilur Rahman, 2006, 35 CLC (AD)
..... Ed. ...... Mohammad Fazlul Karim, J Amirul Kabir Chowdhury J Janata Bank, represented by its Chairman, Board of Directors, Janata Bank, 110, Motijheel Commercial Area, Police Station Motijheel, Dhaka and others..........Petitioners Vs. Mr. Khalilur Rahman...................Respondent Judgm......ndamental Rule 29 we are of the view that the submission have no substance. We, therefore, do not like to interfere with the impugned judgment and order. The leave petition is dismissed. Ed. ......ndamental Rule 29 we are of the view that the submission have no substance. We, therefore, do not like to interfere with the impugned judgment and order. The leave petition is dismissed. Ed. ..Category: Anti-Corruption Laws | Date: | Hits: 83
Srwardi Shaikh and others Vs. The State, 2006, 35 CLC (AD)
....ecord, the learned Judges of the High Court Division rightly dismissed the appeal. Interference is not called for accordingly this petition for leave to appeal is dismissed. Ed. ......ppeal is dismissed. Ed. ......ecord, the learned Judges of the High Court Division rightly dismissed the appeal. Interference is not called for accordingly this petition for leave to appeal is dismissed. Ed. ......ecord, the learned Judges of the High Court Division rightly dismissed the appeal. Interference is not called for accordingly this petition for leave to appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 99
Mashuq Mia @ Iqbal Vs. The State, 2006, 35 CLC (AD)
....rs and fine of Tk. 3000/-. 2. The case of the prosecution in brief is that in the last election of the local Union Parishad accused Mashuq Mia alias Iqbal was a candidate for the post of Chairman and in that election the informant and his sons worked against accused Mashuq Mia. On a dat...... August 14, 2004. The Penal Code, 1860 (XLV of 1860), Section 324 In course of quarrel, two of the accuseds caught hold of the victim and took him out to the courtyard. The appellant assaulted the victim at the head with a piece of s......sion rightly convicted the appellant under section 324 of the Penal Code and we find no cogent reason to interfere with the same. The appeal is dismissed. Ed. ......sion rightly convicted the appellant under section 324 of the Penal Code and we find no cogent reason to interfere with the same. The appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 95
Shaw Wallace Bangladesh Ltd. Vs. Abdul Hakim and another, 2006, 35 CLC (AD)
.... or part thereof from 15th of April, 1971 till alleged termination of his service on 18th January, 1993. The appeal is accordingly allowed in part without any order as to costs. Ed ...... (Civil) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J M. A. Aziz J Amirul Kabir Chowdhury J Shaw Wallace Bangladesh Ltd..........Appellant Vs. Abdul Hakim and another..........Respondent Judgment 28th July 2004 Lawyers Involved: Abd...... or part thereof from 15th of April, 1971 till alleged termination of his service on 18th January, 1993. The appeal is accordingly allowed in part without any order as to costs. Ed ...... or part thereof from 15th of April, 1971 till alleged termination of his service on 18th January, 1993. The appeal is accordingly allowed in part without any order as to costs. Ed ..Category: Labour and Industrial Law | Date: | Hits: 130
National Board of Revenue and others Vs. Mustafizur Rahman, 2003, 32 CLC (AD)
....ailure to re-export, to pay on demand, twice the amount of import duty as may be leviable thereon. The Ministry of Finance was pleased to forward the said application to the writ respondent No. 3 the Chairman, National Board of Revenue directing him to put up the said application after examination b......lso Reported in: ......ith reference to the relevant provisions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ......ith reference to the relevant provisions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: | Hits: 130
Meghna Textile Mills Limited Vs. Md. Barkatullah & others, 2006, 35 CLC (AD)
....six) months. 9. The petitioners are permitted to add additional ground. 10. The appellants are permitted to make the appeals ready for hearing within 6(six) months. Ed ......Advocate-on-Record-For the Petitioner (in all the cases) Not represented-Respondent (in all the case) Civil Petition for Leave to Appeal Nos. 898-902- of 2002. (From the Judgment and order dated 03.03.2002 passed by the High Court Division in Writ Petition Nos. 3142 & 4469-4......six) months. 9. The petitioners are permitted to add additional ground. 10. The appellants are permitted to make the appeals ready for hearing within 6(six) months. Ed ......six) months. 9. The petitioners are permitted to add additional ground. 10. The appellants are permitted to make the appeals ready for hearing within 6(six) months. Ed ..Category: Employment/Service Law | Date: | Hits: 120
M/S. Concord Engineers & Construction Ltd Vs. Chief Engineer Road & Highways Dept, 2006, 35 CLC (AD)
....Engineer was, thereafter, required either to appoint an Engineer not below the rank of superintending Engineer or a Board of Engineers with an officer above the rank of Superintending Engineer as its Chairman. Thereafter, the Arbitrator or the Board Arbitrators was to make an Award after such invest......pellate Division (Civil) Present: Syed J. R. Mudassir Husain, C.J. Mohammad Fazlul Karim J M.A. Aziz, J Amirul Kabir Chowdhury, J M/S. Concord Engineers and Construction Ltd.........Appellant. Vs. The Chief Engineer Road and Highways Department, G...... We do not find any cogent reason to interfere with the unreasoned impugned judgment and order. For the reason aforesaid, this appeal is dismissed without any order as to costs. Ed. ...... We do not find any cogent reason to interfere with the unreasoned impugned judgment and order. For the reason aforesaid, this appeal is dismissed without any order as to costs. Ed. ..Category: Alternative Dispute Resolution | Date: | Hits: 229
Khalilur Rahman A.S. P. S. B Dhaka Vs. Md. Kamrul Ahsan and others, 2005, 34 CLC (AD)
....discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 486. ......vision (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Khalilur Rahman A.S. P. S. B Dhaka............................Appellant Vs. Md. Kamrul Ahsan and others.................Respondents Judgment July 5, 2005. Cases Referred to- Muj......discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 486. ...... in Writ petition No. 227 of 2000. The writ petition was filed by the Respondent Nos. 1-11 impugning legality of the action of the Government of Bangladesh, Inspector General of Police and Bangladesh Public, Service Commission in taking steps for promoting the writ Respondent Nos. 4-86 from the po..Category: Administrative Law | Date: | Hits: 152
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