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Nur Mohammed alias Bog Master Vs. State, 1988, 17 CLC (HCD)
....f conviction on mere surmises and conjectures rather than on actual evidence on record and the appellate Court below also sat over the judgment of the trial Court without applying his judicial mind independently in upholding the order of conviction and sentence which has occasioned a serious mis......tion and sentence passed against the accused-petitioner is set aside. Let the accused-petitioner be discharged from his bail-bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 301. ..Category: Criminal Law | Date: | Hits: 92
....after affording the Government an opportunity to controvert the statements made in the writ petition. We would like to observe that the High Court Division will be at liberty to dispose of the matter independently on the basis of the materials to be placed by the parties, if there be any, and that t......of with other petitions by judgment dated 27th May, 1998 relied by the High Court Division is applicable to the facts of this case and finally, whether the writ-petitioners have acquired any right of appointment in the service of the Republic on the basis of alleged recommendation, annexure-E, to th..
Category: Others | Date: | Hits: 138
....g been made on proper appreciation of laws and facts do not call for interference.
Accordingly, all the leave-petitions are dismissed.
Ed.
This Case is also Reported in: 9 ADC (2012) 174.
...... had been enjoying the same. But suddenly, the writ-respondents had converted the national pay scale of some of the writ-petitioners to “consolidated pay” without any rhyme or reason. Since their appointments, the petitioners having served long period in the development projects have acquired le..
Category: Others | Date: | Hits: 172
....olation of the principle of natural justice before the Administrative Tribunal.
The applications therefore are summarily rejected.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 231.
......g their period of probation without assigning any reason, they cannot now come to challenge the vires of this provision in the notification. The acceptance of these conditions were the basis of their appointment. We find substance in the submission made by the Attorney-General and if the vires had t..
Category: Employment/Service Law | Date: | Hits: 91
Dr. Professor MA Hadi Vs. Bangladesh and others, 1997, 26 CLC (HCD)
....e the writ petition is discharged on the ground of maintainability we do not think it is necessary to go into the merits of the case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 218. ......f Dhaka University Order, 1973 on 14-8-96 (Annexure-’C’). Thereafter, the petitioner sent a letter dated 24-8-96 to the respondents demanding justice but to no avail. 3. Being aggrieved by the appointment of Syed Modassir Ali as the Dean of the Faculty of Medicine the petitioner moved this Co..Category: Employment/Service Law | Date: | Hits: 120
Syed Masud Ali and others Vs. Md. Asmatullah and others, 1978, 7 CLC (AD)
....first schedule land of the plain if the plaintiff so desires to proceed. In the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 249.......ance has been divided into 12 Chapters and consists of 105 sections. Chapter 1 deals with title, extent and commencement of enactment, definition clause and other preliminaries, chapter II relates to appointment of the Administrator of Waqf, Officers and staff and constitution of committee, Chapter ..Category: Trust/Waqf Law | Date: | Hits: 136
....e petitioner further contended that according to section 3(5) of the বেসরকারী বিশ্ববিদ্যালয় আইন, ২০১০ (the Ain, 2010) a University can open any independent campuses or Universities in any part of the country in similar name. The petitioner has ......ty Grants Commission (respondent No.2)" is stayed for a period of two months from date.
Ed.
This Case is also Reported in: 17 MLR (AD) (2012) 161; 17 BLC (AD) (2012) 84; 32 BLD (AD) (2012) 169.
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Category: Others | Date: | Hits: 197
Md. Rayhan Khokon Vs. State, 2011, 40 CLC (AD)
.... S.I. Md. Shah Alam Howlader inquired into the matter and submitted a report before the learned Metropolitan Sessions Judge, Dhaka that the allegations made in the G.D. entry could not been proved by independent witnesses. 9. The learned Metropolitan Sessions Judge cancelled the bail of the accus...... learned Advocate for the petitioner merit no consideration. In the result, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 156. ..Category: Criminal Law | Date: | Hits: 68
Kazi Mohammad Amin Vs. Government of Bangladesh, 2007, 36 CLC (AD)
....on upon correct assessment of the materials on record arrived at a correct decision. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 74. ......erused the judgment of the High Court Division and other connected papers. 3. It is undisputed that the writ petitioner was serving as a lecturer in Chagachor Senior Fazil Madrasa prior to his appointment as temporary Nikah Registrar. Subsequently he in writing requested the Principal of the ..Category: Civil Law | Date: | Hits: 87
New Dacca Industries Ltd. Vs. Quamrul Huda & others, 1979, 8 CLC (AD)
....of India. 9. In another English case, that of the British Broadcasting Corporation Vs. Johns (1965) Ch Division 32, it was held that the British Broadcasting Corporation had been constituted as an independent legal person and not an instrument of government, and did not come within the class of p......ons stated above we allow this appeal without any order as to costs. The judgment of the High Court is set aside and the writ re-called. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 234...Category: Employment/Service Law | Date: | Hits: 104
Shafiqur Rahman and others Vs. Nurul Islam Chowdhury and others, 1982, 11 CLC (AD)
....sioned a failure of justice- The present Code gives the High Courts a much wider power by allowing it to act in its discretion. Sections 435 and 439 must be read together, because section 439 is not independent of section 435. In other words, section 439 should be read along with and subject to the......cessary to make any further observation in this regard. Order of the Court. By the majority judgments, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 127. ..Category: Others | Date: | Hits: 135
Khalil @ Khalilur Rahman and others Vs. State, 2008, 37 CLC (HCD)
.... night guard misappropriated 122 bags of rice and that they have falsely implicated them in order to save themselves. They further submit that the trial Court failed to consider the evidence; that no independent and disinterested witnesses came to depose in support of the prosecution case and the wi......tion and sentence is affirmed and he will get benefit of section 35A of the Code of Criminal Procedure. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 309. ..Category: Criminal Law | Date: | Hits: 116
Atahar and others Vs. State, 2007, 36 CLC (HCD)
....he Code of Criminal Procedure, they were afforded with no information as to the circumstances and accusation which they were to explain, resulting in an illegality vitiating the entire trial; that no independent and disinterested eye-witness deposed in the case and even there is no unbroken chain of......ny other case and accused appellants Mutahar and Sohrab be discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 302. ..Category: Criminal Law | Date: | Hits: 66
Momena Khatun and others Vs. Hussain Fabrics Ltd. and others, 2010, 39 CLC (HCD)
....lier at the time of issuance of rule is here by vacated. Communicate this order at once. Sent down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 66.......n Shyampur PS Case No.32 (12) 01 as exhibit No.13. Order sheet, Petition and Police report in Petition Case No.5877/01 of Court of Chief Metropolitan Magistrate as exhibit Nos.14 to 14 (kha) Order of appointment of Ansars dated 20-1 -2002 and receipts of payment of money as exhibit Nos.15 to 15(jha)..Category: Property Law | Date: | Hits: 78
Tareq Shamsul Khan alias Himu & others Vs. State, 2004, 33 CLC (HCD)
....counter-case to the case which has been challenged in this proceeding and after‑thought of the accused of Motijheel PS Case No. 39(2) 2001. So, it is not befitting to state that the present case is independent to that of Motijheel PS Case No. 39(2) 2001‑ the proceedings of which has been stayed ...... ‑Criminal Procedure, is set aside. Send a copy of this judgment to the Tribunal concerned at once for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 622...Category: Criminal Law | Date: | Hits: 71
BIVAC International SA and another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....t without any order at to cost. The order of direction given at the time of issuance of the Rule by this Division is hereby recalled. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 284. ......er branch of argument is that the government has appointed the petitioner through QCBS method under the Public Procurement Act, 1006 and the Public Procurement Rules, 2008 (which is used only for the appointment of consultants) the petitioners should, for all material purposes be treated as a 'Consu..Category: Fiscal/Taxation Law | Date: | Hits: 152
Afruj Miah Vs. Jira Miah and another, 2011, 40 CLC (HCD)
.... breach of peace, which was a requirement to pass an order under section 145 of the Code. 9. The learned Additional Sessions Judge, on the other hand, allowed the criminal revision on careful and independent assessment of evidence of both the parties and gave reasoning as to why he disbelieved t......sult, the Rule is discharged. The stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Md. Rais Uddin J. - I agree. This case is also Reported in: ..Category: Property Law | Date: | Hits: 53
Govt. of Bangladesh & another Vs. M/S Mashriqul Textiles and others, 1982, 11 CLC (AD)
.... parties agreed upon his appointment in the agreement. In the result, the appeal is dismissed without, however, any order to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 123. ......bitrator; the plaintiff it appears, apprehends that the Secretary of the Ministry concerned may not take an impartial view of the matter, and for the reason plaintiff is trying to make out a case for appointment of a new arbitrator in place of the Secretary. It is to be seen whether the Court is emp..Category: Alternative Dispute Resolution | Date: | Hits: 238
Government of the People's Republic of Bangladesh Vs. Nasirur Rahman, 2011, 40 CLC (AD)
....on of the direction given by the High Court Division in the impugned judgment and order. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 87, 9 LG (AD) (2012) 50, 17 MLR (AD) (2012) 89. ......Phase of the project and the petitioner was released from his service without issuing ‘one month’s notice or making payment of one month's salary’ as required by the terms and conditions of his appointment. After receiving the inquiry report, the Director General of the Directorate of Women an..Category: Employment/Service Law | Date: | Hits: 119
Government of Bangladesh and Others Vs. Md. Mosharraf Hossain, 2011, 40 CLC (AD)
....not find any error in the impugned judgment and order calling for interference by this Court. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 67....... in the writ petition. 4. In the writ petition, it was stated, inter alia, that in 2002, the writ-petitioner (hereinafter referred to as the petitioner) appeared in the competitive examination for appointment as a Personal Assistant/Stenographer (hereinafter referred to as PA) of the High Court D..Category: Employment/Service Law | Date: | Hits: 127
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