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Rahima Begum Vs. Government of Banglades Represented by the Secretary, Ministry of Local Government and others, 2014, 43 CLC(HCD)

....from April 2011, within 2(two) weeks from the date of receipt of this judgment. Communicate copies of the judgment at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 46. ...... (Annexure-G) stopped her salary and restrained from performing her office work with effect from April 2011 and the same respondent issued anoth­er office order under another memo using same memo number and date (i.e. memo No. 982 dated 18-4-2011) informing all concerned that he would not sign t..

Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2014 | Hits: 6

Ekramul Haque Balbul Vs. Md. Faiz and others, 2014, 43 CLC (AD)

....mpugned judgement and order is set aside. Saber Hossain Chowdhury is exonerated from the charge leveled against him. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 208.   ......Justice Faizee have no connection with his performance as a Judge nor with the justice delivery system. He pointed out that as a result of the inquiries several cases of forgery were discovered and a number of concerned officials have been taken to task and some have been dismissed from service. He ..

Category: Constitutional Law, Contempt of Court Law | Date: 11 Mar, 2014 | Hits: 16

Hossain Ali (Md.) and 22 others Vs. Bangladesh, represented the Secretary Ministry Education and others, 2014, 43 CLC (HCD)

....;                    Ed.    This Case is also Reported in: 67 DLR (HCD) (2015) 204 ......rit petition. 8. The respondent No. 6, the Director General, Secondary and Higher Secondary Education Directorate, Dhaka by filing an affi­davit-in-opposition also states that there was huge number of vacancies in the post of Headmasters in the Government Secondary Schools and hence, it bec..

Category: Constitutional Law, Employment/Service Law | Date: 9 Mar, 2014 | Hits: 3

Moklesur Rahman (Md.) and another Vs. Government of Bangladesh and others, 2014, CLC (AD)

....hereinbe­fore. The Artha Rin execution case in question (No.560 of 2004) shall stand sat­isfied accordingly. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 207.   ......e decretal amount pursuant to the order passed by this Court, the order of default passed by the High Court Division while issuing the Rule, may be set-aside; the Rule may be restored to its file and number and the writ petition may be sent back on remand to the High Court Division for hearing on me..

Category: Others | Date: 24 Feb, 2014 | Hits: 15

Durnity Daman Commission and another Vs. Dr. Khandaker Mosharraf Hossain and another, 2014, 43 CLC (AD)

....e High Court Division. The petition for Leave to Appeal is dis­posed of with the above observations and guide­lines. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 92. ...... normally have the relevant papers before it. Converting the High Court Division into a Magistrate's Court is least desired. 15. For the reasons stated above this Division has laid down in a number of cases cer­tain principles that should be followed in exercis­ing this extraordinar..

Category: Anti-Corruption Laws, Criminal Law, Procedural Law | Date: 24 Feb, 2014 | Hits: 52

Bangladesh Agricultural Development Corpora¬tion and others Vs. Md. Abdur Rashld and others, 2014, 43 CLC (AD)

....peal No. 48 of 2012 is allowed so far as it relates to respondent No. 9 Md. Saiful Alam Khondker and dismissed against the rests. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 257 ......urt Division summarily rejected the said review petition by an order dated 27-9-2010. Then, BADC preferred this appeal getting leave. 6. In Civil Appeal No.48 of 2012, the respondents were 20 in number. They filed Writ Petition No. 2331 of 2009 being aggrieved by the above mentioned notificatio..

Category: Administrative Law, Employment/Service Law | Date: 2 Feb, 2014 | Hits: 9

BRAC Bank Ltd Vs. Multimode Ltd, 2013, 42 CLC (HCD)

....e result, this appeal is dismissed. No costs. Connected Civil Rule No. 395(f) of 2012 is accordingly discharged. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 48   ......r quasi-judicial authority while making an order affecting those rights. These rules are intended to prevent such authority from doing injustice. These principles are now well settled and are four in number:-- (1) That every person whose civil rights are affected must have a reasonable notice o..

Category: Contract Law | Date: 12 Dec, 2013 | Hits: 0

State Vs. Md. Ibrahim Ali, 2013, 42 CLC (AD)

.... to the period already undergone by him. In the result the appeal is allowed with the modification of sentence as aforesaid. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 33. ......ion 234 (1) require that if there are more than one offences committed over a period of more than 12 months then the offences may not be charged in one charge, whereas section 6(1B) provides that any number of offences punishable under the Criminal Law Amendment Act irrespec­tive of the period o..

Category: Anti-Corruption Laws, Criminal Law, Procedural Law | Date: 3 Dec, 2013 | Hits: 26

AKM Mosharraf Hossain Vs. State & another, 2013, 41 CLC (HCD)

....realise the fine in accordance with law. Let a copy of this judgment along with LCR be sent to the concerned Court at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 564 ...... branch, Arab Bangladesh Bank. He deposed that the investigat­ing officer rushed to his office and made a search in respect of the account maintained by the con­vict-appellant in their Branch number of which is CA 2200-222 and he want to see the Bank Statement for the period of April 1988 to..

Category: Anti-Corruption Laws, Criminal Law | Date: 10 Oct, 2013 | Hits: 3

Moulana Abdul Hakim (Md.) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)

....ed of with the directions above. 43. There is no order as to costs. Communicate this judgment and order forth­with. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 83 ......investigation that has to be conducted. There is a growing body of case-law in which the question of amenability to judicial review has been considered. From these cases, it is possible to identify a number of features which point towards the presence or absence of the requisite public law element.&..

Category: Administrative Law, Constitutional Law | Date: 3 Oct, 2013 | Hits: 2

Government of Bangladesh Vs. Md. Abdul Maleque Miah and 7 anothers, 2013, 42 CLC (AD)

....allowed and the impugned judgment and order is set aside with the obser­vations made in the body of the judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 167   ......lished in the Official Gazette dated 28-4-1977. He was posted in the Bangladesh Steel and Engineering Corporation on deputa­tion and he was working there. In order to meet the requirement of good number of trained and experienced officers the Government abolished the IMS Cadre and absorbed major..

Category: Administrative Law, Constitutional Law | Date: 17 Sep, 2013 | Hits: 3

ATM Nazimullah Chow¬dhury Vs. State & another, 2013, 42 CLC (HCD)

....eps to secure his arrest. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 500.   ...... under section 537 of the Code, the impugned order of conviction and sentence can­not be maintained at all. 10. In support of the above submissions, Mr. Fida M Kamal draws our attention to a number of decisions including the decisions in the cases of Abdul Bari Mollah Vs. State, 3 BLC 474; ..

Category: Criminal Law, Procedural Law | Date: 1 Aug, 2013 | Hits: 5

Maulana Syed Rezaul Haque Chadpuri and others Vs. Bangladesh Jamaat-e-Islami and others [2nd Part], 2013, 42 DLR (HCD)

....r) Parliamentary Elections with its present election symbol-'weighing scales'. BJI has a central office with a central committee and has more than the requisite number of district offices and voters as required in Article 90B (1) (iii) of the RPO. 315. The constitution of the ......e not inconsistent with the Constitution of Bangladesh as stated in the writ petition, as such, the EC lawfully registered the BJI as a political party under the RPO. 312. BJI secured sufficient number of votes in the 9th Parliamentary Elections in order to be registered as a political party. A..

Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10

Maulana Syed Rezaul Haque Chadpuri and others Vs. Bangladesh Jamaat-e-Islami and others [1st Part], 2013, 42 DLR (HCD)

....d by political parties illegal as violative of fundamental rights of citizens. In Union of India Vs. Association for Democratic Reforms,  (2002) 5 SCC 294, the question raised was that whether a voter has the right to information regarding assets and liabilities, educational qualification, invo...... him, therefore, is that BJI constitution, by its latest position, is no more inconsistent with the Constitution or the law. 15. In this case there is a co-mingling of a set of Muslim clerics, a number of ordinary citizens and three members of Amra Muktijyoddhar Santan (an organization composed..

Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11

Nur Jahan Akhtar, Director of Medona Garments Limited Vs. The Commissioner of Taxes, 2013, 42 CLC (HCD)

....t of Bangladesh is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984. S. H. Md. Nurul Huda Jaigirdar J.-  I agree. Ed. This Case is also Reported in: ....... The Tribunal decided that the appeals were not barred by limitation and revert back the aforesaid appeals to the first appellate authority for deciding the appeals on merit. The appeals were then renumbered as 357, 358, 359, 360/Co.8/Zone-3/2002-2003 before the then first appellate authority i.e. ..

Category: Fiscal/Taxation Law | Date: 31 Jul, 2013 | Hits: 3

Nur Jahan Akhtar Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)

....ngladesh is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984. S. H. Md. Nurul Huda Jaigirdar J. - I agree. Ed. This Case is also Reported in:   ....... The Tribunal decided that the appeals were not barred by limitation and revert back the aforesaid appeals to the first appellate authority for deciding the appeals on merit. The appeals were then renumbered as 357, 358, 359, 360/Co.8/Zone-3/2002-2003 before the then first appellate authority i.e. ..

Category: Fiscal/Taxation Law | Date: 31 Jul, 2013 | Hits: 2

Zahir Fakir (Md.) and oth¬ers Vs. Hahma Khatun and others, 2013, 42 CLC (HCD)

....urts records along with a copy of this judgment to the concern Court forthwith for information and necessary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 240   ...... be tried in the case so remanded, and shall send a copy of its judgment and order to the court from whose decree the appeal is preferred, with directions to re-admit the suit under its' original number in the register of civil suits, and proceed to determine the suit; and the evidence (if any) ..

Category: Property Law | Date: 25 Jul, 2013 | Hits: 6

Chow Wen Chang and others Vs. SF Winsome Fashion Ltd. and others, 2013, 42 CLC (HCD)

....The respondent No.3 is directed to pay cost of Taka 50,000 to petition No.1 and Taka 50,000 to petitioner No. 2 within 30 days. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 584. ...... shareholders, one Ms Farah Shafi transferred her entire shares in favour of the petitioner No.2 and the petitioner No.2 was inducted into the company as a new shareholder. As on 22-4-2010, the total number of issued shares of the respondent No.1company stood at 30,000 and the shareholding structure..

Category: Company Law | Date: 24 Jul, 2013 | Hits: 10

Bangladesh Development Bank Limited Vs.Judge, Artha Rin Adalat, Jessore and others, 2013, 42 CLC (HCD)

....respondents No.2-4 treating the same as a proper miscellaneous case after hearing both sides forthwith. Communicate at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2013) 1. ......ank. The petitioner Bank published auction notice in the 'Daily Janakantha' on 9-2-2011 and the 'Daily Lokshomaj' on 10-2-2011 for selling of the mortgaged property in auc­tion. A number of bids were submitted and high­est bid was submitted by one Syed Masudur Rahman and Mosh..

Category: Banking Law | Date: 24 Jul, 2013 | Hits: 10

Sarwar Hossain Moni (Md.) Vs. State and another, 2013, 42 CLC (AD)

....iewed in affirming the judgment and order passed by the High Court Division and accordingly, both these petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 283. ...... fifteen days), the complainant filed the petition of complaint. 4. In CR Case No.4334 of 2008, the same a allegations as made in CR Case No.413 1 of 2008, were made, the only difference was the number of the cheque and its date, date of bouncing back of the cheque and the date of sending the l..

Category: Criminal Law | Date: 24 Jul, 2013 | Hits: 8