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Md. Jahangir Kabir Vs. Bangladesh, 2009, 38 CLC (AD)

....red and thus we do not find any illegality  in the impugned judgment and order. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 828. ......se of the Experimental School and that the Instructor of P.T. Institute and the Assistant Teachers of the Government Secondary School, having B. Ed, degree, enjoy the one and same rank, status and scale of pay and that the posts of junior teachers of the Government Secondary Schools, having scho..

Category: Administrative Law | Date: | Hits: 243

Md. Anwar Hossain Vs. Superintendent of Police, Khulna and others, 2008, 37 CLC (AD)

.... his aforesaid depart­mental appeal dated 26.05.82 has already been rejected and further even if it is con­ceded that such appeal was not rejected then in the absence of any decision of the higher administrative authority on the departmental appeal filed by the petition­er, the filli......re is no illegality or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 780. ..

Category: Administrative Law | Date: | Hits: 162

Haji Md. Selim Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)

....the authori­ty of Section 19 of the Customs Act wherein the authority has modified the percentage in the earlier exemption by inserting "30%" in place of "15%". As a result the petitioner has to pay higher duties suffering huge financial loss. 3. Mr. Abdul Baset Majumder, learned Counsel, appea......­stance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 777; 17 MLR (AD) (2012) 249. ..

Category: Fiscal/Taxation Law | Date: | Hits: 83

Government of Bangladesh and others Vs. Md. Abdul Halim Miah and (3) others, 2003, 32 CLC (AD)

....e appeals are allowed with­out any order as to costs and the impugned judgment and order making the rules absolute are hereby set aside. Ed. This Case is also Reported in: I ADC (2002) 230. ......would be counted from the date of their ad-hoc appointment. The ad-hoc appointments of the writ petitioners and others were quite different from the ad-hoc appoint­ments made before 1972 and regular scales of pay, yearly increments and efficiency bar cross­ing were allowed to them from the very be..

Category: Employment/Service Law | Date: | Hits: 118

Commissioner of Customs and others Vs. Faridul Alam, 2009, 38 CLC (AD)

.... Customs Department will supervise the goods to be cut in pieces by a private container depot at the cost of the respondent and then the committee will submit a report which will be approved by the higher authority but the respondent having not complied his part the above proposal could not be m......reparation of paper book is dispensed with as prayed for. The order of stay granted earlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: | Hits: 62

Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Five

....dquo;The scheme of the Act therefore is self-evident. It applies to offences committed by army personnel described in S.2 of the Act; it creates new offences with specified punishments, imposes higher punishments to pre-existing offences, and enables civil offences by a fiction to be treated......r Dalim delivered speeches for toppling the Government and as per their direction, they took ammunition with them. The testimony of this witness was not challenged by the defence in any manner. ..

Category: Criminal Law | Date: | Hits: 228

Islami Bank Bangladesh Ltd. Vs. Commissioner of Taxes, Companies Circle-19, 2008, 37 CLC (AD)

....termed Bolshevism as a reaction to Capitalism and went on to write:  "To Islam is due the credit of not only solving the wealth problem but, at the same time, developing the higher sentiments and building up character, on which alone can be laid the foundations of a lasti......under has been legalised under different high-sounding phrases such as colonization, occupation, mandate, sphere of influence, and so on. The Great Powers are only great capitalists on a national scale. They can afford to reduce other nations to the beggary to which the massess in their own co..

Category: Fiscal/Taxation Law | Date: | Hits: 145

Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)

....f 1998 and the case of Al-Jehad Trust Vs. Federation of Pakistan reported in P.L.D. 1996 Vol-1 page 324 the matter of consultation with the Chief Justice in the matter of appointment of Judges to the higher Judiciary was considered and it was held that consultation with the Chief Justice is a pre-re......d guidelines.” The short order shall form part of the judgment. These petitions are accordingly disposed of. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 79, VII ADC (2010) 721. ..

Category: Constitutional Law | Date: | Hits: 251

Gour Chandra Majhi Vs. Shusen Kumar Mondal and others, 2009, 38 CLC (AD)

....uit was not main­tainable in law. This Court is of the view that the plaintiff having already had recourse to the procedure provid­ed under the State Acquisition and Tenancy Act and the higher authority, i.e. the Assistant Commissioner of Land, Bagerhat earlier set aside the said imp...... judgment and order passed by the High Court Division. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 676. ..

Category: Property Law | Date: | Hits: 54

Md. Badaruddin Howlader Vs. Kazi A. K. M. Sajahan and others, 2009, 38 CLC (AD)

.... accordance with law. There is no merit in the leave petition. 9. Accordingly, the petition for leave to appeal is dismissed Ed. This Case is also Reported in: VI ADC (2009) 657. ...... accordance with law. There is no merit in the leave petition. 9. Accordingly, the petition for leave to appeal is dismissed Ed. This Case is also Reported in: VI ADC (2009) 657. ..

Category: Criminal Law | Date: | Hits: 62

Noor Jahan Begum and another Vs. Golam Mostafa and others, 2009, 38 CLC (AD)

.... TK.1,75,000.00 and further contended that the plaintiff dragged them over long time causing loss to them and the price of land has increased and expressed their readiness to execute sale deed at a higher price; That the defendant No.15 contested the suit stat­ing that the suit land was inclu......e find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 558. ..

Category: Property Law | Date: | Hits: 25

Janata Bank Vs. Mr. Fazlul Hoq and another, 2008, 37 CLC (AD)

....Janata Bank Employees Service Regulations, 1995. On 12.7.98 a charge was framed against him under Rule 38 of the Janata Bank Employees Service Regulations, 1995 on the allegation that he mentioned higher and false qualification in A.C.R. and he was asked to show cause as to why he would not be d......nata Bank, Head Office, Dhaka issued the second show cause notice upon the petitioner proposing major penalty and finally issued the order dated 2.3.99 reducing the petitioner to the lower post and scale. The petitioner preferred departmental appeal on 23.3.99 and that the appeal was dismissed. ..

Category: Administrative Law | Date: | Hits: 175

Md. Mustanisur Rahman and other Vs. Bangladesh, 2008, 37 CLC (AD)

....g the petitioners of the College got M.P.O. for the month of May, 1997. They completed 8 years of Service and the Governing Body took a resolution on 10.12.2005 to give promotion to the teachers in higher scale. The Managing Committee considering all aspects recommended that out of the 12 teacher......etitioners of the College got M.P.O. for the month of May, 1997. They completed 8 years of Service and the Governing Body took a resolution on 10.12.2005 to give promotion to the teachers in higher scale. The Managing Committee considering all aspects recommended that out of the 12 teachers, 9 s..

Category: Employment/Service Law | Date: | Hits: 57

MD, Foundation Engineer Shatu Ltd. Vs. Civil Engineer (RHD) Sarak Bahban, 2001, 30 CLC (AD)

....ndent defendant finds difficult to assail the submissions of Dr. Rafiqur Rahman and challenges the award on the ground that the Arbitrator misconducted himself in awarding increase rates which are higher than the quoted rates in the ten­der. 6. At the outset we must reject the sub­...... those dated 3.7.1995 passed by the First Court of Subordinate Judge, Dhaka, in Miscellaneous Case no. 16of 1995 are restored. Ed. This Case is also Reported in: II ADC (2005) 782. ..

Category: Civil Law | Date: | Hits: 98

Upazila Nirbahi Officer Vs. ASM Harunar Rashid and others, 2009, 38 CLC (AD)

....out any order as to costs. The judgment and order dated 10-7-2005 passed in Writ Petition No. 4609 of 2003 is set aside. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 92. ......out any order as to costs. The judgment and order dated 10-7-2005 passed in Writ Petition No. 4609 of 2003 is set aside. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 92. ..

Category: Others | Date: | Hits: 270

BADC Vs. Abdur Razzaque, 1996, 25 CLC (AD)

....e date of orders and not from the date of verdict passed by the Court. 12. (6) If an employee dismissed from the service consequent upon his conviction by a Court of law, files an appeal to higher Court against the order of conviction passed by the Lower Court and if the High Court admits...... In the result we allow the appeal and set aside the judgment and order of the High Court Division without any order as to cost. Ed This Case is also Reported in: II ADC (2005) 607. ..

Category: Employment/Service Law | Date: | Hits: 97

Bangladesh Co-Operative Insurance Ltd & ors Vs. Md. Abdul Khaleque Khan & ors, 1997, 26 CLC (AD)

....ason stated above we find little substance in this appeal. Accordingly it is dismissed without, however, any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 574. ......nment, to the office of Accountant in the Pay Scale of Rs. 500/- to 700/- with usual allowance or in the alternative to place him as a Branch Manager of Multan Co-operative Bank Limited in the pay scale of Rs. 500/- to 750/-. A Division Bench of the West Pakistan High Court at Lahore summarily d..

Category: Others | Date: | Hits: 224

M/S. Karim Jute Mills Ltd. Vs. Chairman, Second Labour Court, Dhaka and another, 1997, 26 CLC (AD)

....e paid by the employer com­pensation at the rate of thirty days wages for every completed year of, service or for any part thereof in excess of six months, or gratuity, if any, whichever is higher. Explanation.- For the purpose of calculation of wages under this sec­tion wages ......m generis with the words "physical or mental incapacity." The appeal is allowed without any order as to costs. Ed This Case is Also Reported in:  II ADC (2005) 569. ..

Category: Labour and Industrial Law | Date: | Hits: 72

Serajul Huq and others Vs. Bangladesh, 2007, 36 CLC (AD)

....thereof be delivered to the appellants. 12. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 88; 14 MLR (AD) (2009) 191. ......thereof be delivered to the appellants. 12. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 88; 14 MLR (AD) (2009) 191. ..

Category: Property Law | Date: | Hits: 30

Mohsen Jute Mills Ltd. Vs. Chairman, Labour Court, Khulna and another, 1998, 27 CLC (AD)

....ged, shall be paid by the employer compensation at the rate of thirty days wages for every completed year of service or for any art thereof in excess of six months, or gratuity, any, whichever is higher. Explanation.- For the purpose of calcu­lation of wages under this section, wages......ithout however, any order as to costs. Both the judgments of the Labour Court as well as of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 473. ..

Category: Employment/Service Law | Date: | Hits: 100