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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. ......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. ......m Hussain J Md. Badruzzaman J       Rahima Begum...............................Petitioner Vs. Government of Banglades Represented by the Secretary, Ministry of Local Government and others.................Respondents Judgment    ..

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

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 ......;                    Ed.    This Case is also Reported in: 67 DLR (HCD) (2015) 204 ......Original Jurisdiction) Present: Farah Mahbub J Md. Ejarul Haque Akondo J Hossain Ali (Md.) and 22 others............Petitioners Vs. Bangladesh, represented the Secretary Ministry Education and others........Respondents Judgment      &n..

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

SM Deen Islam Vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)

.... this juncture, the learned Assistant Attorney-General appearing for the respondent-government submits that proceedings for suspen­sion and the proceedings for removal are disjunc­tive. Since prior to issuance of the impugned order due inquiry was made with the issuance of show cause notice ......issue a fresh order in strict compliance of law, if so desires. There will be no order as to costs. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 34.     ......ed to that effect ultimately opined that the allegations so had been brought against the peti­tioners were found correct. Accordingly, the same was duly forwarded with all relevant records to the Ministry concerned to take appropriate steps in the matter. Being satisfied with the respondent No.1..

Category: Administrative Law, Constitutional Law | Date: 4 Mar, 2014 | Hits: 5

Aftab Uddin (Md.) Vs. Chairman, Court of Settlement and another, 2014, 43 CLC (AD)

....aiming became abandoned property from 28-2-1972 and vested in the government as abandoned property. The appellant's kabala as regards that property in question having been registered with­out prior permission of the Ministry of Works is hit by the provision of section 6 of PO 16 of 1972, and......manded to the Court of Settlement to deal with it in the light of our dis­cussion above. There will be no order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 253. ......he taxes and rents to the different agen­cies. Since purchase, he was in possession of the property. His vendor Abdur Rahman died on 30-3-1981. Thereafter, on 1-7-1985 he received a Memo from the Ministry of Works stating that the property is an abandoned property and he was directed to appear b..

Category: Abandoned Properties Law | Date: 19 Feb, 2014 | Hits: 21

Gias Uddin Chowdhury (Md.) and oth¬ers Vs. Bangladesh, repre¬sented by the Secretary, Ministry of Law and others, 2014, 43 CLC (AD)

.... can protect his right and title in that property by filing proper suit in a proper forum." The petition is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 213. ...... can protect his right and title in that property by filing proper suit in a proper forum." The petition is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 213. ......n Chowdhury J       Gias Uddin Chow­dhury (Md.) and oth­ers........................Petitioners Vs. Bangladesh, repre­sented by the Secretary, Ministry of Law and others..................Respondents Judgment February 17, 2014. R..

Category: Civil Law, Others | Date: 17 Feb, 2014 | Hits: 9

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 ......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 ......retirement benefits. 3. In Civil Appeal No. 45 of 2012, the respondent Nos. 1-5 filed Writ Petition No. 8872 of 2008 being aggrieved by the notification dated 26-10-2002 issued by the Secretary, Ministry of Agriculture amending Clauses 4 and 5 of the Notification No. Krirhi-5/Ma-2/98 (Part-8)/7..

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

Human Rights and Peace for Bangladesh and others Vs. Hon'ble Speaker, Bangladesh Jatiyo Sangsad and others, 2014, 43 CLC (HCD)

....tion. Section 32Ka of the Amendment Act, 2013, has been brought recently into the Anti-Corruption Commission Act by the Anti-Corruption Commission (Amendment) Act, 2013. The impugned section requires prior sanc­tion of the Government in order to lodge corrup­tion case against the judges, mag......ffect. There is no order as to costs. Office is directed to communicate the judg­ment forthwith. Ed.    This Case is also Reported in: 67 DLR (HCD) (2015) 191 ......ffect. There is no order as to costs. Office is directed to communicate the judg­ment forthwith. Ed.    This Case is also Reported in: 67 DLR (HCD) (2015) 191 ..

Category: Anti-Corruption Laws | Date: 30 Jan, 2014 | Hits: 5

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

....idered the plaint case or deposition of the plaintiff, rather the learned judge found fault with defendant's case. Learned Advocate further submits that there being no clause in the agreement for prior notice for cancellation of the contract, cancellation having been done in accordance with the ......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   ......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   ..

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

Abdul Quader Mollah Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka, 2013, 42 CLC (AD)

....ss of life before they are put to gal­lows. This is why, the Supreme Court of Bangladesh simplified the rules for preparation of paper book and gives special attention to hear death references on priority basis. Rules 979 to 1009 are applicable to such prisoners. 34. If a death sentence is ...... For the reason stated above, we find no merit in these review petitions. The petitions are accord­ingly dismissed on merit. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 289. ......zlul Huda Vs. State, 63 DLR (AD) 62; Messrs Thungabhandra Industries Limited Vs. The Government of Andhra Pradesh, AIR 1964 SC 13 72; Sheonandan Paswan Vs.State of Bihar, AIR 1983 SC 1125; Secretary, Ministry of Finance Vs. Md. Masdar Hossain, 21 BLD (AD) 126 = 7 BLC (AD) 92; Ershad Ali Shikder Vs. ..

Category: International Crimes Tribunal Law | Date: 12 Dec, 2013 | Hits: 15

Sheikh Md. Rafiqul Islam (Babul) Vs. Manager, Uttara Bank Limited and others, 2013, 42 CLC (HCD)

....s set-aside. The trial Court is directed to proceed with the suit immediately in accordance with law. Communicate at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 131. ......s set-aside. The trial Court is directed to proceed with the suit immediately in accordance with law. Communicate at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 131. ......District Judge and his promotion was given effect by office order No.742- Bichar-3/(IT,2/2001 dated 11-11-2007 issued under the signature of the Deputy Secretary (Administration), Judicial Section-3, Ministry of Law, Justice and Parliamentary Affairs, Government of Bangladesh (Annexure-"B"..

Category: Administrative Law, Banking Law | Date: 20 Nov, 2013 | Hits: 6

Golam Sarwar Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)

.... lifetime; (ii) since Alhaj Golam Mowla was not an assessee at any time before his death, there is no scope to issue any notice upon his legal representative and to make assessment of his income prior to his death; (iii) Alhaj Golam Mowla had died leaving the assessee-applicant as son, a w......ke necessary steps under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 350; 2 CLR (HCD) (2014) 301; 23 Karadalat (HCD) (2014) 15 ......ke necessary steps under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 350; 2 CLR (HCD) (2014) 301; 23 Karadalat (HCD) (2014) 15 ..

Category: Fiscal/Taxation Law | Date: 14 Nov, 2013 | Hits: 4

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 ......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 ......man of Bangladesh Chemical Industries Corporation   hereinafter called BCIC, the convict-appellant on the basis of a contract dated 12-4-1988   appointed   as Secretary, Ministry of Industry and joined his new post on 13-4-1988. It has been further alleged that the conv..

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)

....ssal of any functionary of a Madrasah like the petitioner without exception in law requires active investi­gatory intervention by the committee and can only be validly imposed and effected upon a prior express approval of the board. Evidently such mandatory compliance measures have completely be......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 ......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 ..

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

Satsang Bangladesh, D. Pakutia Vs. People’s Republic of Bangladesh and others, 2013, 42 CLC (HCD)

....disposal of the application for tem­porary injunction and the Miscellaneous Appeal felt the necessity to enter into the merit of the suit and it was a concurrent findings of the Courts below that prior to disposal of the original suit on merit after taking evidence from the sides of the respecti......evidence within 2(two) months from the date of receipt of this judgment, order. Communicate the judgment and order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 110 ......f Sree Dhrito Broto Adytta agreed to derequisition of the birth place of Anukul Chandra measuring an area of 15 decimals of land of Hemayetpur Mouza appertaining to plot Nos. 1221 &. 1222 but the Ministry of Health and Family Planning wrongly recommended to handover the land in favour of Sree-Sr..

Category: Civil Law, Procedural Law | Date: 26 Sep, 2013 | Hits: 3

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   ......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   ......sp;          September 17, 2013 Result: The appeals are allowed. Case Referred to- Saifur Rahman Vs. Bangladesh through the Secretary, Ministry of Agriculture, (1989) 41 DLR 538. Lawyers Involved: Md.Shohrowardi, Deputy Attor..

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

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

....ency Power Rules of 2007 were duly complied with and as per the Criminal Law Amendment Act, a Gazette Notification dated 25-9-2008 was also made for appearance of the appellant before the Court below prior to the commencement of the trial of the case; but he chose to remain in abscondence and allowe......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.   ......Azad Vs. State, 48 DLR 294; Moslem Ali Mollah alias Moslem Mollah and others Vs. State, 48 DLR 427 and Mansur Ali Vs. State, 39 DLR 184; Khondker Moshtaque Ahmed Vs. Bangladesh through the Secretary, Ministry of Home Affairs, 34 DLR (AD) 222; Habibur Rahman Molla Vs. State, 61 DLR 1; Khondker Moshta..

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)

....f Bangladesh within certain framework amended some provisions of the Representation of the Peoples Order, 1972 (hereinafter referred to as the RPO) and required the political parties to be registered prior to contesting the General Election complying the provisions of the RPO and in a follow through......hereby declared to have been given without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 14.        ......endra Kumar And Others Vs. State of Haryana and Another (2008) 2 SCC 161; State of Madhya Pradesh and Others Vs. Hazarilal,  (2008) 3 SCC 273; Bangladesh Soya-Protein Project Ltd. VS. Secretary, Ministry of Disaster Management and Relief 22 BLD (2000) HCD 378; the Chairman, Bangladesh Textile M..

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)

....নোয়ার কবির; ইসলামিক ফাউন্ডেশন কর্তৃক প্রকাশিত, পৃষ্ঠাঃ ৬৮) (..to be continued at CLC ID ( 9365 ) ......নোয়ার কবির; ইসলামিক ফাউন্ডেশন কর্তৃক প্রকাশিত, পৃষ্ঠাঃ ৬৮) (..to be continued at CLC ID ( 9365 ) ......endra Kumar And Others Vs. State of Haryana and Another (2008) 2 SCC 161; State of Madhya Pradesh and Others Vs. Hazarilal,  (2008) 3 SCC 273; Bangladesh Soya-Protein Project Ltd. VS. Secretary, Ministry of Disaster Management and Relief 22 BLD (2000) HCD 378; the Chairman, Bangladesh Textile M..

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

Robi Axiata Ltd Vs. First Labour Court Dhaka and others, 2013, 42 CLC (HCD)

.... To guage the validity of that assertion this Court has under­taken a thorough analysis of the judgments above cited by the Respondents. It is noted in that regard that the enunciation of the law prior to the 2006 as reflected in the Employment of Labour (Standing Orders) Act, 1965 and the Indus......Orders of Stay as ini­tially granted are necessarily recalled and vacated. There are no Orders as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 551   ......Orders of Stay as ini­tially granted are necessarily recalled and vacated. There are no Orders as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 551   ..

Category: Labour and Industrial Law | Date: 28 Jul, 2013 | Hits: 7

Md. Monirul Islam Vs. Bijoy Halder, President Lohalamari Matshajibi Samabaya Samity Ltd. and others, 2013, 42 CLC (AD)

....d over possession of the fishery in question and also to refund to the petitioner the proportionate lease money for the unexpired period of the lease. Ed. This Case is also Reported in: ......d over possession of the fishery in question and also to refund to the petitioner the proportionate lease money for the unexpired period of the lease. Ed. This Case is also Reported in: ......applied for long term lease under Development Scheme for the “Shukro Bari Damus Dighar Fishery” situated within Upazilla-Shibigonj, District-Chapai Nababgonj. His application was filed before the Ministry, which called for report from the Deputy Commissioner, Chapai Nababgonj who then forwarded ..

Category: Civil Law | Date: 28 Jul, 2013 | Hits: 169