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Motiar Rahman (Md.) and 18 others Vs. Government of the People's Republic of Bangladesh and others
....rculate this Order among all the District Magistrates and all the District and Sessions Judges of Bangladesh. Ed. This Case is also Reported in: 57 DLR (2005) 327. ......pinion is that the public are the real and true masters and the public servants and executive to exercise the people’s power only under and by authority of the Constitution in their capacity as persons in the service of the Republic and in discharge of their public duties or, in other words, a..Category: Constitutional Law | Date: 29 Jul, 2003 | Hits: 11
Hossain Shially (Fakir) Vs. State, 2003, 32 CLC (HCD)
.... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 637. ...... the occurrence. Be the case as it may, the prosecution has failed to come with any circumstantial evidence to prove the story of alleged rape. It is a rule of universal application that to convict a person for an offence of rape the testimony of the prosecutrix must be corroborated by independent e..Category: Women and Children | Date: 19 Jul, 2003 | Hits: 162
Bangladesh Vs. Rehana Kamal and ors., 2004, 33 CLC (AD)
....d any merit in the submissions of the learned Counsel for the appellant. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: ...... Kamal and others................ Respondents Judgment July 8, 2003. Result: The appeal is dismissed. The Bangladesh Citizenship Order, 1972, Article 2 Birth right of a person to be a citizen of a particular country could not be brushed aside in the absence of any posi..Category: Immigration and Citizenship Law | Date: 8 Jul, 2003 | Hits: 279
Mrs. Razia Satter Vs. Mr. Azizul Huq and two others, 2003, 32 CLC (HCD)
....in this rule and accordingly this rule is discharged and the contemners are acquitted of the charges-eveled against them. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 515. ......etter of the Secretary the Police Commissioner in his letter dated 23.7.2001 stated that when the eviction was undertake in Block ‘J’ earlier there was clash with the local people and one person died and as such the process of eviction was stopped and those who were opposing the eviction..Category: Constitutional Law, Contempt of Court Law | Date: 30 Jun, 2003 | Hits: 13
Jahanara Begum and others Vs. Hazera Khatun, 2003, 32 CLC (AD)
.... not sustainable in law and the same is accordingly set aside. In the result the appeals are allowed but without any order as to costs. Ed. This Case is also Reported in: ......who are not parties to the suit itself nor assignees in the same and allowing them to proceed with the revisional application. It also submitted that the High Court Division failed to consider that a person who is not a party in the suit is not entitled to file such an application as a stranger can ..Category: Contract Law | Date: 12 May, 2003 | Hits: 251
Bangladesh Biman Corporation, represented by MD Vs. Rabia Bashri Irene and others, 2003, 32 CLC (AD)
....sion. In the afore state of the matter we find no substance in these petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 132. ...... the relationship between the writ petitioners and the Corporation, is of master and servant and, as such, they cannot invoke writ jurisdiction, that the Corporation had no such practice of absorbing persons like the petitioners who were on contract service for fixed terms, that on satisfactory comp..Category: Employment/Service Law | Date: 30 Apr, 2003 | Hits: 164
Nurul Huq (Md.) Vs. State, 2003, 32 CLC (HCD)
...., 2000 against the appellant, being informant of the case, is hereby set aside. Communicate this order to the Court concerned Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 588....... Magistrate, Cognisance Court No.2, Habigonj to file a case under section 17(1) of the Nari‑o‑Shishu Nirjatan Daman Ain, 2000 against the informant for initiating a false case against the accused persons of the case. 2. The appellant namely, Md. Nurul Haque, lodged a petition of complaint o..Category: Women and Children | Date: 28 Apr, 2003 | Hits: 126
United Commercial Bank Ltd. Vs. Jahangir Alam Khan & ors., 2004, 33 CLC (AD)
....comment on it. 11. However, in any view of the matter, the impugned order does not suffer from any infirmity for our interference. The petition is dismissed. Ed. ......holding of the Annual General Meetings but due to the circumstances as described in his affidavit he prayed that the Annual General Meetings of the bank be held under the Chairmanship of a neutral person. It is asserted in the affidavit that in spite of clear order given by the Court in the Matt..Category: Business or Commercial Law | Date: 22 Apr, 2003 | Hits: 201
Amir Hossain Vs. MA Malek & others, 2004, 33 CLC (AD)
.... is no bar for the complaint case to proceed side by side with winding up proceeding. In view of the above, the appeal is allowed. Ed. This Case is also Reported in: 56 DLR (AD) 146. ......ure. The High Court Division also found that such unusual haste in framing charge and examination of witnesses within few days had given latitude to the prosecution at the disadvantage of the accused persons. The High Court Division further observed that as an application under, section 561A of the ..Category: Criminal Law | Date: 15 Apr, 2003 | Hits: 88
Sazzadul Haque Liku (Md.) and others Vs. Sarder Anwar Hossain, 2003, 32 CLC (HCD)
....his Rule is made absolute. The impugned judgment and order is set aside and the plaint is rejected. No order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 273. ...... under the Election Rules the polling station of ward No.9 cannot be set up at Joypur Registered Non-Government Primary School. Moreso, the school house has no fencing. But the plaintiff for his personal interest and gain managed to fix fencing by his own money with a malafide intention to show..Category: Civil Law, Election Law | Date: 24 Mar, 2003 | Hits: 2
Motiur Rahman and others Vs. Chowdhury Md Mahfuzul Islam and ors., 2003, 32 CLC (AD).
....ve, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 104. ......on 1(3) of the BADC Regulations of 1968 gives the BADC the right to modify, cancel or amend the regulations with the approval of the Government, provided that the terms and conditions of service of a person already in service, are not altered to his disadvantage. 13..Category: Others | Date: 24 Mar, 2003 | Hits: 87
Syeda Mazeda Khatun Vs. Bangladesh Shilpa Rin Sangstha, 2003, 32 CLC (AD).
.... In that view of the matter, this petition is dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 82. ......responsibility as per the provisions in Rule 42 of BSR, Part and FR 35 and that under the provisions of the Services (Re‑organisation and Conditions) Act, 1975 all public servants which include persons in the service of the Republic and in "Public Body" are entitled to unified grades..Category: Employment/Service Law | Date: 17 Mar, 2003 | Hits: 84
Nahar Shipping Lines Ltd. & anr. Vs. Homera Ahmed & ors., 2004, 33 CLC (AD)
....ourt Division in the company matter, we do not find any reason to grant leave against the said judgment. The petition is therefore, dismissed and the delay is condoned. Ed. ......ling committed by the petitioners 2‑5 have been evidenced by the demands for repayment by financial institutions. vi. The respondents have treated the company as their own personal business and have received all the benefits without disclosing the same to the petitioner..Category: Business or Commercial Law | Date: 12 Mar, 2003 | Hits: 273
Aloke Nath Dey Vs. Govt. of BD. rep. by the DC, 2004, 33 CLC (AD)
....the challenges, we do not find any illegality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. ......finition of debt was required to be given and, as such. word 'debt' is to be ordinarily understood as a sum of money due under an express or implied agreement, or an amount due or payable from one person to another in return for money but is liability owing from one person to another whether in ..Category: Property Law | Date: 11 Mar, 2003 | Hits: 436
Commissioner of Customs, Customs House, Dhaka & ors Vs. Cieng Tong Chong, 2006, 35 CLC (AD)
....mitted no illegality in making the said direction. Thus we find no ground to interfere with the judgment and order of the High Court Division. Accordingly the petition is dismissed. Ed. ...... 1 i.e. Commissioner of Customs, Customs House, Dhaka contending as to discrepancy of identity of the passenger, who brought the goods at the Zia International Airport and the description of the persons who filed the application to the customs authority at the Zia International Airport for the ..Category: Others | Date: 5 Mar, 2003 | Hits: 114
Category: Others | Date: 8 Feb, 2003 | Hits: 112
Abul Hossain (Md) Vs. State, 2003, 32 CLC (AD).
....urt Division 'Further enquiry" is directed to be held. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 125. ......ment and decree were all forged and fraudulent. The Additional Deputy Commissioner, Revenue referred the matter to the District Anti‑Corruption Bureau to take necessary legal action against the persons involved in the forgery. Hence the Satkhira PS Case No. 50 date 31‑8‑1985 was st..Category: Property Law | Date: 4 Feb, 2003 | Hits: 80
Md. Ashequr Rahman Vs. Bangladesh Agricultural Research Institute, 2003, 32 CLC (AD)
....uded within 180 days as per Regulation 43(8) of the Regulations. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 1. ......ical Board. The appellant was allowed 10 days time to submit his reply to the allegations in the show cause notice and that was also directed to communicate as to whether he would like to he heard in person. In the show cause notice it was mentioned that in case of his failure to reply to the show c..Category: Employment/Service Law | Date: 2 Feb, 2003 | Hits: 92
Islami Bank Bangladesh Ltd. Vs. Sub-Judge and Additional Artha Rin Adalat & others, 2003, 32 CLC (AD
.... allowed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 121. ......nd not alternative, rights". He has also referred to the case of Jiwan Das and another vs. Sahu Sarju Prasad and others reported in AIR 1945 Allahabad, 299 wherein it has been observed "the personal rights of the pledgee of goods arising out of his special property in them conferred by the..Category: Business or Commercial Law | Date: 28 Jan, 2003 | Hits: 112
Govt. of BD, rep. by the Sec., Min. of Defence & ors. Vs. Md. Afzal Hossain Ansari, 2003, 32 CLC (AD
....ce of the procedure prescribed by the Government Servants (Discipline and Appeal) Rules, 1985, hereafter in brief, the Rules. The AAT and AT did not find any wrong with the findings arrived at by the Inquiry Officer as against the respondent in holding him guilty of misconduct in making the purchase......tive Tribunal Act, 1980 is relevant and the same reads as: “Section 4(1): An Administrative Tribunal shall have exclusive jurisdiction to hear and determine applications made by any person in the service of the Republic or of any statutory public authority in respect of the terms a..Category: Administrative Law | Date: 8 Jan, 2003 | Hits: 122