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Bangladesh Bank Vs. Md. Kasedul Haque Majumder, 2003, 32 CLC (HCD)
....ion Miscellaneous Case No.41 of 1999 is set aside. The aforementioned rule is consequently made absolute without any order as to cost. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 11. ......ific dispute had emerged between himself and the petitioner for which an arbitrator was required to be appointed. The opposite party, hence, instituted the said arbitration miscellaneous case seeking appointment of an arbitrator. 4. The petitioner recorded its appearance in the said Miscellaneous..Category: Alternative Dispute Resolution | Date: | Hits: 218
Md. Aminul Haque Helal Vs. Mr. Justice Sultan Hossain Khan and others, 2006, 35 CLC (HCD)
....titutional posts nor posts of oath but created as per provisions of the Durnity Daman Ain to perform function of the Sovereign Republic and that function is neither judicial nor quasi judicial but an independent office of enquiry and investigation regarding corruption. 4. Respondent No.1 was appo......the Government in Cabinet Division. 3. The respondent No.1 was appointed as chairman of the Durnity Daman Commission by the notification dated 21.11.2004 (Annexure-B to the writ petition) and that appointment has been challenged in this writ petition on the ground that the office of the chairman ..Category: Constitutional Law | Date: | Hits: 228
Bangladesh Parjatan Corporation Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)
.... writ-respondent-appellants herein to reinstate him in his post with all his due back wages and benefit. The appeals are dismissed. No order as to cost. Ed. This Case is also Reported in: ......-in-opposition contending, inter alia, that the petitioner was an employee of the Corporation and his service was governed by the Regulation of Bangladesh Parjatan Corporation and as per terms of his appointment letter, he rendered his service under the Corporation. Though the petitioner was elected..Category: Employment/Service Law | Date: | Hits: 156
....from the date of order of suspension. In view of the above, we find no merit in this petition. Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in: 20 BLT (AD) (2012) 239.
......tition in the High Court Division challenging the order of his suspension dated 7th December, 2009 on the ground that it was issued arbitrarily with ulterior motive, while he was awaiting an order of appointment to the post of Managing Director of the Bangladesh Livestock Research Institute he was s..
Category: Employment/Service Law | Date: | Hits: 251
Ishaque Mia (Md.) & another Vs. Abdul Mazid Mollah & others, 1995, 24 CLC (HCD)
....rty to suit can, under section 44 of the Evidence Act, show that a decree obtained by the opposite party against him in another suit was obtained by fraud, and it is not necessary for him to bring an independent suit for setting it aside." In another case of Bagala Sundari Debi Vs. Prosannanath Mukh......gistrar is licensed by the Government on regular basis. So the said decree passed in Tide Suit No.26 of 1977 is contrary to the said rules. Hence observation of the Court of the appeal below that the appointment of the plaintiff petitioner as permanent Nikah Registrar decree passed in Title Suit No...Category: Civil Law | Date: | Hits: 130
Mahatab Hossain (Md) Vs. Upazila Nirbahi Officer and others, 2006, 35 CLC (HCD)
....of the receipt of a copy of this judgment in accordance with law. Communicate a copy of the judgment to the concerned authority at once. Ed. This Case is also Reported in: 59 DLR (2007) 157. ......al effect. It is also contended on behalf of the petitioner that the petitioner was appointed on 12-4-1988 as the driver of the Upazila Parishad, Pirgonj vide resolution No. 3 dated 11-4-1988 and the appointment letter was issued on 28-4-1988 by the Upazila Chairman and, as such, the respondent No. ..Category: Employment/Service Law | Date: | Hits: 180
Dr. Md. Alamgir Vs. Vice Chancellor, BUET and others, 2001, 30 CLC (HCD)
....l not make any order as regards the ad-hoc appointments of the respondent Nos. 3 and 4. In the result, this Rule is made absolute in part. Ed. This Case is also Reported in: 53 DLR (2001) 398.......Alamgir, calling upon the Vice Chancellor, Bangladesh University of Engineering and Technology (BUET) and another to show cause as to why they should not be directed for finalisation of selection and appointment of the petitioner to the post of Assistant Professor in the Department of Civil Engineer..Category: Employment/Service Law | Date: | Hits: 160
....n of making any Rules as it was in 83A (1), now exists. The legislature in its wisdom in 83A (1) mentioned about Rule but did not in any manner disturb 83A (2) even at that point of time. 83A (2) was independent with all its trappings as it has been now in 82BB (3). (Underlined by us)
32. But now...... should be discharged outright.
In the result, the Rule is discharged, however, without an order as to cost.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 23; 7 LG (HCD) (2010) 325.
..
Category: Fiscal/Taxation Law | Date: | Hits: 227
....it Petition No. 5125 of 2004(Annexure-11&11-A of the Writ Petition) inviting applicants for recruitment into the National University have been proved since the Newspaper authority themselves (The independent) denied publishing it and the National University Authority also stated the same to Joyd......eral persons were given advance increments making them senior to previously appointed persons. They were arbitrary, unjustified, illegal and were done for unlawful gain. Some examples of such illegal appointment have been cited in paragraph No.4 of the above mentioned Writ Petition. In paragraph No...
Category: Administrative Law | Date: | Hits: 371
Abul Hashim (Md.) Vs. Election Commission of Bangladesh, 1995, 24 CLC (HCD)
....hat the impugned order is the result of malafide intention and has been done for collateral purposes and the same was passed at the instance of the party in power and not on the basis of an objective independent finding. 3. Mr. Amirul Islam has taken us through the impugned order and, the annexed......ight of the petitioner also. There is no merit in the writ petition. Accordingly, the petition is rejected summarily. No cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 490. ..Category: Election Law | Date: | Hits: 271
Abul Basher Chowdhury Vs. Mehar Khatun, 1982, 11 CLC (HCD)
....ppellate Court below calls for any interference in revision. In the result the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 6. ......e negative in at least two cases cited from the Bar. In the case of Mst. Maqsoodan Bibi Vs. Mst. Bhano, PLD 1965 (Lahore) 183, the facts are that a Guardian Judge ordered the return of a petition for appointment of a guardian of the person and property of a minor on the ground that he had no jurisdi..Category: Procedural Law | Date: | Hits: 119
Fazlul Huq Haider @ Mollah Vs. State, 1982, 11 CLC (HCD)
.... a prosecution witness, he has to come to Court on almost infinite number of occasions incurring heavy expenses and sacrificing daily work for earning his livelihood and that is why no one, specially independent witnesses, ever wants to become a prosecution witness in this country. 7. Further it ...... the trial Court immediately. The trial Court is directed to proceed with the trial as early as possible. Mustafa Kamal J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 1. ..Category: Criminal Law | Date: | Hits: 92
Ayezuddin Sheikh & others Vs. Abdul Karim Sheikh & others, 1989, 18 CLC (HCD)
.... maintainable. It is well-settled that as against an ex parte decree apart from the remedy under Order 9, rule 13 of the C.P.C. there are some other remedies open by way of appeal, review and also by independent suit on the ground of fraud. These remedies are concurrent. Of Course, in a case of revi......oncerned. In the facts and circumstance of the case, there will be no order as to costs. Let the records be sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 154. ..Category: Procedural Law | Date: | Hits: 174
Abdus Sukur Mia Vs. State, 1994, 23 CLC (HCD)
....ction 304 of the Penal Code and not under section 6 of the Cruelty to Women (Deterrent Punishment) Ordinance 1983. The learned Advocate for the appellant further submits that the P.Ws. are not at all independent and disinterested and further there are material contradictions in their evidences but t......gly ordered. The appeal is thus dismissed with the above modification of sentence only. Send down the records of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 228. ..Category: Criminal Law | Date: | Hits: 135
Satya Ranjan Sarda Vs. State, 1989, 18 CLC (HCD)
....ion will not come under section 27(1) of the Special Powers Act corresponding to an action under section 190(1) (b) of the Criminal Procedure Code. In such a case the Special Judge takes cognizance independent of section 190(1) (b) and on the basis of the power as contained in section 27(1) of the...... be quashed. In the result, the Rule is made absolute and the proceedings of Special Tribunal Case No.2 of 1989 is hereby quashed. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 142. ..Category: Criminal Law | Date: | Hits: 103
Delwar Hossain (Md.) Vs. State, 2009, 38 CLC (HCD)
....prosecution story and the other witnesses were the police personnel and they being the partisan witnesses, their testimony ought not to have been accepted, as those were not corroborated by any other independent witness. 11. On the other hand, Mr. SM Asadullah Tarique, the learned Assistant Attor......istry of Homes Affairs and Inspector General of Police for future guideline with regard to the investigation. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 32; 30 BLD (HCD) (2010) 490. ..Category: Criminal Law | Date: | Hits: 128
Rajshahi Girls' High School, Rajshahi and others Vs. Md. Abdul Mannan, 1995, 24 CLC (HCD)
....opposite party No.1 has failed to prove his case on merits and, as such, the suit is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 472. ......hus conspired to remove the plaintiff from his service beyond his knowledge; that thereafter, when after the completion of two years service, the plaintiff approached for confirming him, by permanent appointment, the defendant No.4 intentionally delayed the matter and thereafter by Memo No.18/86 dat..Category: Employment/Service Law | Date: | Hits: 166
Md. Nurul Islam Vs. Nur Ayesha Begum, 2007, 36 CLC (HCD)
....id abuse may aggravate the sufferings without end. On plain reading of section 7 of the Ordinance, 1961 it can be said that it was never the intention of the legislature that a husband exercising his independent act pronouncing, talaq cannot be given effect to until and unless such notice is given t......'s records at once along with a copy of this judgment to the Courts below for information and necessary action. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 10; 7 LG (HCD) (2010) 300. ..Category: Family Law | Date: | Hits: 202
Habibur Rahman Bhuiyan (Md.) and others Vs. Galman Begum and others, 2011, 40 CLC (AD)
....provement and constructions were made in 1995 to the knowledge of the pre-emptor, that the pre-emptor's witnesses being the nearest relations, they could not be relied upon without corroboration by independent witnesses and that the pre-emptor failed to prove that in the alleged salish there was t......my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:64 DLR (AD) (2012) 133. ..Category: Property Law | Date: | Hits: 138
....ramed thereunder, these words mean the authority appointed under the said Act to control and regulate the import, manufacture, sale and distribution of drugs.
(d) The licensing authority has no independent power to register a medicine. He can only do so when such registration is recommended ...... the Rules, without quoting the Rules under which the Government purportedly acted. The Notification quoted section 12(2) (a) and 33 (2) (e) of the said Act as the source of authority to make the appointment, but these sections contain the Government's power to frame rules. They do not contain a..
Category: Others | Date: | Hits: 184
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