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Dudu Mia and others Vs. Ekram Miah Chowdhury and others, 2002, 31 CLC (AD)

....r Class Suit No. 1969 are restored. There is no order as to costs.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 7.  ...... the facts of the case it has been observed; “At best, the relief claimed ‘might be stretched to a declaration of legal character. Since the terms and conditions of the respondent’s service were not regulated by any legal instrument, it could not be said that the declaration asked ..

Category: Civil Law | Date: 5 Aug, 2001 | Hits: 136

Suhel Ahmed Chowdhury Vs. Salahuddin Ayubi and others, 2002, 31 CLC (AD)

....p;           M Amin Choudhury CJ.- This Criminal Appeal No. 41 of 2000 was filed by Suhel Ahmed Chowdhury, former Secretary, Ministry of Works of the Government of the People’s Republic of Bangladesh in the nature of direct appeal under Article......ere was a direction from the vested property authority to contemner No. 3 to the premises by 5-7-2000. It appears from the judgment that the High Court Division found that there was no dispute on the service of notice dated 18-7-1999 but on 18-7-1999 this appellant was not the Secretary and there is..

Category: Criminal Law | Date: 30 Jul, 2001 | Hits: 95

Mobarak Ali Vs. BD House Building Fin. Corpn. & anr. 2003, 32 CLC (AD).

....on of principle natural justice has no merit.  In view of the discussion made hereinbefore find no substance in this petition. Accordingly, the petition is dismissed.  Ed. ......ed 17th October, 1992 of the Administrative Tribunal in Administrative Tribunal Case No. 76 of 1989 setting aside the order compulsorily retiring the petitioner.  2. Petitioner joined the service of the House Building Finance Corporation, hereinafter in short of the Corporation, in 1967 ..

Category: Administrative Law | Date: 24 Jul, 2001 | Hits: 111

Reazuddin (Md.) and another Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)

....que J Reazuddin (Md.) and another……………………………………………Petitioners Vs. Government of Bangla­desh and others…………………&hel......ration must be published. Ed. This Case is also Reported in: 57 DLR (2005) 698.                   ..

Category: Constitutional Law | Date: 19 Jul, 2001 | Hits: 2

BD Water Dev. Board & ors Vs. Chairman, Divisional Labour Court, Khulna & ors, 2003, 32 CLC (AD)

....sation of the benefits consequent upon retirement of the deceased worker, the predecessor of the respondent Nos. 2(a) to 2(e).  The petition is accordingly, dismissed. Ed. ......complaint case No. 92 of 1994 on 2‑7­-1993 under section 25(1) (b) of the Employment of Labour (Standing Order) Act, 1965 for payment of all benefits like pension, gratuity and all other service benefits since date of appointment upon his retirement from service on 15‑5‑199..

Category: Employment/Service Law | Date: 4 Jul, 2001 | Hits: 78

Sirajul Hoque and other Vs. BIWTA rep. by its Chairman and others, 2002, 31 CLC (AD)

....nd ship engaged in carrying passengers shall proceed on any voyage or be used for any service for mercantile purposes: (a) unless she has a valid route permit granted by the Government or an authority authorised by it in this behalf and an approved time table. ......the appellants are that for about 20 years the appellants have been plying their registered Vessels. MV Nagorik and MV Sureswar on every alternate day on Dhaka Vojeswar Angaria Route and their down service No.2 reach WAPDA Ghat at 8-00 hours and due to recession of navigation in the river the sa..

Category: Admiralty Law or Maritime Law | Date: 3 Jul, 2001 | Hits: 173

Privatisation Board Vs. AK Fazlul Huq & ors., 2003, 32 CLC (AD).

.... 28th February, 2000 moved the High Court Division in writ jurisdiction and obtained the Rule on 29th February, 2000.  3. The Rule was contested by the Board stating, inter alia, that the Government agreed to bear the liability of short term loan claimed by the Agrani Bank and, as such, ......ment is otherwise legally sustainable, hence on modification of that part of judgment and order of the High Court Division by way of deleting the same the petition is dismissed.  Ed. ..

Category: Business or Commercial Law | Date: 24 Jun, 2001 | Hits: 135

Mohashin Ali Pramanik Vs. State, 2001, 30 CLC (HCD)

....to accused petitioner is restored. The accused petitioner be released on bail on the same bail bond furnished by him on 3‑5‑2000. Ed. This Case is also Reported in: 55 DLR (2003) 259. ......2000 and 6‑5‑2000 as alleged by prosecution and holding of public meeting might be termed as threat to prosecution witnesses and petitioner misused privilege of bail. 8. Grounds pressed into service and contentions raised from the side of accused petitioner are catalogued hereunder: (i..

Category: Criminal Law | Date: 3 Jun, 2001 | Hits: 46

Government of Bangladesh Vs. Mirpur Semipucca (Tin-shed) Kalayan Samity & others, 2001, 30 CLC (HCD)

.... Ed This Case is also Reported in: 54 DLR (2002) 364. ......f or for the benefit of all persons so interested. But the Court shall in such case give, at the plaintiff’s expense, notice of the institution of the suit to all such person either by personal service or, where from the number of persons or any other cause such service is not reasonably pract..

Category: Evidence Law | Date: 21 May, 2001 | Hits: 183

Bangladesh Road Transport Corporation and another Vs. Md. Shahidulla, 2002, 31 CLC (AD)

....is distinguishable from the facts of the present case. The fact of the present case has no manner of application with reported decision.   The petition is dismissed.   Ed. ......e judgment and order dated 13-5-1999 passed by a Division Bench of the High Court Division in Writ Petition No. 3485 of 1996 making the Rule absolute and thereby declaring the order of termination of service of the respondent as illegal and without any lawful authority.   2. The prima..

Category: Employment/Service Law | Date: 5 Dec, 2000 | Hits: 84

Professor Nurul Islam and others Vs. Government of the Peoples Republic of Bangladesh & others, 2000, 29 CLC (HCD)

....Supreme Court High Court Division (Special Original Jurisdiction) Present: Md. Fazlul Karim J Md. Abdul Wahhab Miah J Professor Nurul Islam and others.……………………Petitioner Vs. Government of the Peoples Republic of Bangladesh & others.…………Respondents Judgment Feb...... in the light of the Ordinance No.16 of 1990 for the prohibition of all forms of tobacco advertisements and/or such other or further order or orders passed as to this Court may seem fit and proper. ..

Category: Health Law | Date: 7 Feb, 2000 | Hits: 500

Sunderban Taxtils Mills Vs. The Commissioner of Taxes, 1999, 28 CLC (HCD)

....5(2)I(c) of the Ordinance, that is to say, that certain portion of the exempted income of the industrial undertaking must be reinvested in the industrial undertaking or invested in the purchase of Government bond and such reinvestment or investment should not be (i) less than fifteen percent of ......ences in question are fit cases to be taken to the Appellate Division and the prayer for certificate is, therefore, refused. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 57. ..

Category: Fiscal/Taxation Law | Date: 8 Dec, 1999 | Hits: 9

Bangladesh Paribar Parikalpana Samity Vs. Bangladesh Paribar Parikalpana Samity Karmachari Union and others, 1999, 28 CLC (HCD)

....a Samity known as (Bangladesh Family Planning Association), hereinafter in brief the samity, a social Welfare Organisation, registered under the Directorate of Population Control and Family Planning, Government of Bangladesh and also with the Department of Social Welfare, is engaged in the work of f......iving agencies, that the Dormitory, for training centre and the Pathological Clinic and shop rooms at Rangpur are for the use of trainees and for their accommodation and that for its maintenance some service charge is collected and that the dormitory building and Pathological Clinic are not for any ..

Category: Labour and Industrial Law | Date: 18 Nov, 1999 | Hits: 2118

Prativa Rani Dey Tirtha Vs. Dr. Mohammad Yousuf, Chittagong Medical College & Others, 1999, 28 CLC (AD)

....al Procedure is not to be given mechanically. The Court is to exercise its function judicially before giving such consent, which implies that the Court will have to examine the materials on which the Government decides withdrawal of a case. In the instant case no reason/ground has been assigned for ...... of 1996 is also set aside. The learned Divisional Special Judge is hereby directed to proceed with the case in accordance with law. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 8. ..

Category: Anti-Corruption Laws | Date: 10 Aug, 1999 | Hits: 94

Chairman, BD Water Dev. Board & anr Vs. Shamsul Huq & Co. Ltd. & ors., 1999, 28 CLC (AD)

....l is allowed. The Bangladesh Water and Power Development Boards Order, 1972 (President's Order No. 59 of 1972) Article 4(3) Article 4(3) was never meant to be a provision for enabling the Government to interfere with the day-to-day function of either Board in an individual case and i...... result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 168.           ..

Category: Contract Law | Date: 19 Jul, 1999 | Hits: 236

Rokeya Kabir Vs. Government of Bangladesh through the Ministry of Home Affairs and others, 1999, 18 CLC (HCD)

....) 234. ......gladesh Nari Progati Sangstha. She is an activist for the prevention of violence and discrimination against woman, providing shelter to the destitute, legal aid to the disadvantaged and other welfare services including health care. Her organisation is directly working with over 60,000 women in Bangl..

Category: Women and Children | Date: 26 May, 1999 | Hits: 98

State Vs. Abdul Wahab Shah Chowdhury, 1999, 28 CLC (AD)

....s for granting of anticipatory bail by the High Court Division. Before parting with the cases, I feel that since there is a Law Commission in Bangladesh the matter may be referred by the Government before the Law Commission for incorporating a section in the Code of Criminal Procedure ......here will be a specific statutory sanction of granting anticipatory bail with positive conditions and directions. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 242. ..

Category: Criminal Law | Date: 25 May, 1999 | Hits: 79

Fazlur Rahman and Co. (Pvt.) Ltd. Vs. Agrani Bank and others, 1999, 28 CLC (HCD)

....esh Bank. Moreover, Bangladesh Bank acted arbitrarily and in a mala fide manner in compelling the respondent No.1 to keep the said decisions in abeyance when respondent No.1 acted in pursuance of the Government decision communicated vide Memo dated 4-3-1986. 3. Learned Advocate for the responde......no merit in this Rule. In the result, the Rule is discharged without an order as to costs. Order of injunction stands vacated. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 350...

Category: Banking Law | Date: 28 Apr, 1999 | Hits: 500

Hussain Mohammad Ershad Vs. The State, 1991, 20 CLC (AD)

....ry of the petitioner's personal effects and other articles supplied to him by different ministries and were kept in the Sena Bhaban. After examining the report of the committee it appeared to the Government that there were eight unlicensed arms and some ammunition in the list of articles prepare...... law or that, prima facie, it does not attract the provision of the Arms Act, 1878. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 50. ..

Category: Criminal Law | Date: 26 Feb, 1999 | Hits: 58

Hefzur Rahman (Md.) Vs. Shamsun Nahar Begum and another,

....heard the learned Counsel for the parties, Mr. Abdul Wadud Bhuiyan, learned Acting Attorney General (as amicus curiae), two distinguished Alims and a host of interveners representing individuals, non-Government women and other legal organizations and also perused written arguments submitted by them.......ppeal. I would therefore refrain from expressing any opinion thereon. Accordingly, I too would allow the appeal. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 172.   ..

Category: Family Law | Date: 3 Dec, 1998 | Hits: 2262