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Dr. Md. Alamgir Vs. Vice Chancellor, BUET and others, 2001, 30 CLC (HCD)

....tition and the supplementary affidavit with annexures and submits that the petitioner being a highly qualified person topped the list of the successful candidates but the respondent Nos.3 and 4 being members of the Department of Civil Engineering of the University itself, obviously manipulated the a......earned Advocate for the petitioner and perused the annexures enclosed with the petition and the supplementary affidavit. 7. The University of Engineering and Technology was established by the East Pakistan Engineering and Technology University Ordinance, 1961. 8. Section 14 of the Ordinance de......l not make any order as regards the ad-hoc appointments of the respondent Nos. 3 and 4. In the result, this Rule is made absolute in part. Ed. This Case is also Reported in: 53 DLR (2001) 398...

Category: Employment/Service Law | Date: | Hits: 160

Mohammad Ismail Vs. Bangladesh, 2010, 39 CLC (HCD)

....ed order, due to the vacant post, Panel Mayor-2 has also been given financial power under the Regulation No. 11(10) of Poursahva Rules, 1999. The Teknaf Pourashava as appropriate authority i.e. the 9 member of the Pourashava by no confidence motion, after observing legal formalities, by a resolution......acts. In the result, the Rule is discharged without however any order as to costs. The status-quo order granted in this Rule stands vacated. This Case is also Reported in: 30 BLD (HCD) 2010, 360.......acts. In the result, the Rule is discharged without however any order as to costs. The status-quo order granted in this Rule stands vacated. This Case is also Reported in: 30 BLD (HCD) 2010, 360...

Category: Others | Date: | Hits: 136

Manirul Huda Vs. National Board of Revenue, represented by its Chairman, Segunbagicha, Ramna, Dhaka and others, 2010, 39 CLC (HCD)

.... should be discharged outright. In the result, the Rule is discharged, however, without an order as to cost. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 23; 7 LG (HCD) (2010) 325. ...... of "Universal Self Assessment" return for audit. The purpose of audit is to keep a deterrent on declaration of incorrect income in the return. This audit is made in all countries including India and Pakistan. Only a few of those returns are selected. In the financial year 2008-09 out of a total num...... should be discharged outright. In the result, the Rule is discharged, however, without an order as to cost. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 23; 7 LG (HCD) (2010) 325. ..

Category: Fiscal/Taxation Law | Date: | Hits: 227

AKM Mozammel Huq Vs. Chancellor of the National University, represented by the Secretary, Ministry of Education, Bangladesh Secretariat, Dhaka and others, 2011, 40 CLC (HCD)

....ds to achieve an object other than that for which he believes the power to have been conferred. For example, a local authority committee would exercise in bad faith it’s power to exclude interested members of the public if it deliberately chose to hold the meeting in a small room. The intention ma......est otherwise. 37. This Division’s jurisdiction as to review it’s own judgment has been comprehensively and meticulously laid down by our Appellate Division, the Supreme Court’s of India and Pakistan in a myriad of cases. The ratio decidendi in all these cases throw illuminated becon to gui......d from 17th November, 2003 to 31st August 2004, and remove them from the employment of National University without delay”. Gobinda Chandra Tagore J. - I agree This Case is also Reported in: ..

Category: Administrative Law | Date: | Hits: 371

Monwar Ali Vs. Dhaka Club Ltd. & others, 1996, 25 CLC (HCD)

....ssed on 7‑10‑95 by the Assistant Judge, Dhaka. 2. The petitioner Monwar Ali claims that he is a permanent Member of the Dhaka Club for the last 15 years and he has been illegally expelled from membership of the club by a letter dated 26.7.95. So he has filed the suit for a declaration that th......28.2.96 is hereby vacated. No order as to­ costs. The office is directed to send a copy of this order to the trial Court at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 492. ......28.2.96 is hereby vacated. No order as to­ costs. The office is directed to send a copy of this order to the trial Court at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 492. ..

Category: Civil Law | Date: | Hits: 110

Abul Basher Chowdhury Vs. Mehar Khatun, 1982, 11 CLC (HCD)

....ppellate Court below calls for any inter­ference in revision. In the result the rule is discharged with­out any order as to costs. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 6. ......d no jurisdic­tion in the case. Upon review of the said order the Guardian Judge assumed jurisdic­tion in the case. It fell for determination before a learned Single Judge of the High Court of West Pakistan (Lahore Bench) as to whether the order passed under the Guardians and Wards Act can be revi......ppellate Court below calls for any inter­ference in revision. In the result the rule is discharged with­out any order as to costs. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 6. ..

Category: Procedural Law | Date: | Hits: 119

Shahryar Murshed and others Vs. Principal, Chittagong Medical College and others, 1994, 23 CLC (HCD)

.... any lawful authority and, as such, is of no legal effect. The Rules are accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 482. ......dical College and others.....................Respondent Judgment May 17, 1994. Result: The Rules are accordingly made absolute. Cases Referred to- Farid Sons Ltd. Vs. Government of Pakistan, 13 DLR (SC) 233; Zakir Ahmed Vs. University of Dacca through its Vice-Chancellor, the Reg...... any lawful authority and, as such, is of no legal effect. The Rules are accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 482. ..

Category: Others | Date: | Hits: 168

Ayezuddin Sheikh & others Vs. Abdul Karim Sheikh & others, 1989, 18 CLC (HCD)

....oncerned. In the facts and circumstance of the case, there will be no order as to costs. Let the records be sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 154. ......he first in­stance. Their Lordships set aside the order of dismis­sal of the suit and remanded the suit for allowing the plaintiff to make good the deficiency in the Court fee. The Supreme Court of Pakistan then in appeal dismissed the leave petition and upheld the judgment of the High Court. 1......oncerned. In the facts and circumstance of the case, there will be no order as to costs. Let the records be sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 154. ..

Category: Procedural Law | Date: | Hits: 174

Abdus Sukur Mia Vs. State, 1994, 23 CLC (HCD)

.... the occurrence. He stated that he also filed a petition at Dhaka as his case was not earlier taken by the police. He stated that one Golam Haider was a distant relation and one Abut Kalam Azad was a member and his 'Chhacha Shashur.' He stated that he was not agreeable with the marriage of his daugh......gly ordered. The appeal is thus dismissed with the above modification of sentence only. Send down the records of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 228. ......gly ordered. The appeal is thus dismissed with the above modification of sentence only. Send down the records of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 228. ..

Category: Criminal Law | Date: | Hits: 135

Delwar Hossain (Md.) Vs. State, 2009, 38 CLC (HCD)

....all the said witnesses were in a same team and, as such, they all had some common interest in the case. Informant, P.W.7, Mahabubur Rahman and the Investigating Officer P.W.8, Md. Abdur Rouf were the member of the self same team. Like such situation, for fair and impartial investigation it is not de......istry of Homes Affairs and Inspector General of Police for future guideline with regard to the investigation. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 32; 30 BLD (HCD) (2010) 490. ......istry of Homes Affairs and Inspector General of Police for future guideline with regard to the investigation. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 32; 30 BLD (HCD) (2010) 490. ..

Category: Criminal Law | Date: | Hits: 128

Rajshahi Girls' High School, Rajshahi and others Vs. Md. Abdul Mannan, 1995, 24 CLC (HCD)

....opposite party No.1 has failed to prove his case on merits and, as such, the suit is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 472. ...... and relied on by Mr. Samad. Mr. Samad referred to the case of Muhammad Naseem Ahmed and others Vs. Miss Ayan Feroz Bakht & 58 others reported in 20 DLR (SC) 79. In this case the Supreme Court of Pakistan considered the position of probationers regarding confirmation in the service. In that case......opposite party No.1 has failed to prove his case on merits and, as such, the suit is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 472. ..

Category: Employment/Service Law | Date: | Hits: 166

Eliadah McCord Vs. State, 1995, 24 CLC (HCD)

....the ticket and passport were with Mr. Tonny and Tonny insisted her to carry it for her sponsor Mr. Walter. Mr. Mostafa submits that there was no previous history that she was a habitual smuggler or a member of the gang of traffickers. She was a college student. She came to Bangladesh with help of a ......icated to the Ambassador of the United States of America in Bangladesh having his office at Baridhara, Gulshan, Dhaka, for information. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 495.......icated to the Ambassador of the United States of America in Bangladesh having his office at Baridhara, Gulshan, Dhaka, for information. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 495...

Category: Criminal Law | Date: | Hits: 162

Habibur Rahman Bhuiyan (Md.) and others Vs. Galman Begum and others, 2011, 40 CLC (AD)

.... is no scope for raising the question of defect of parties on account of non-joinder of necessary parties, for the first time in revision." 15. In Abdur Rashid Barker's case [58 DLR (AD) 159], two member Bench of this Division notice the earlier cases including the case of Abdus Samad and observe......my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:64 DLR (AD) (2012) 133. ......my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:64 DLR (AD) (2012) 133. ..

Category: Property Law | Date: | Hits: 138

Assistant General Manager, Rupali Bank, Barisal & others Vs. Nazrul Islam Miah, 1986, 15 CLC (HCD)

....erfere with the impugned Judgment and decree of the Courts below. Accordingly, the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 167. ...... Hannan Sikder and others Vs. Bangla­desh Bank & others, 31 DLR (AD) 298; Bangladesh Freedom Figh­ters Welfare Trust Vs. Burhanuddin Chowdhury, 33 DLR (AD) 321; Farzand Ali Vs. Province of West Pakistan, 22 DLR (AD) 203; Deputy Managing Director, National Bank of Pakistan and ethers Vs. Kazi F......erfere with the impugned Judgment and decree of the Courts below. Accordingly, the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 167. ..

Category: Labour and Industrial Law | Date: | Hits: 186

Elahi Bux Vs. State, 1986, 15 CLC (HCD)

....e rendered by him to this Court. This application is, therefore, summarily rejected. Bimalendu Bikash Roy Choudhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 164. ......er provisions including section 5 of the Limitation Act are not applicable unless those are made specifically applicable by the special law. This view finds support from a number of decisions of Indo-Pakistan Sub-continent. In the case of Syed Mahmud Alam Vs. Syed Mehdi Hussain and 2 others, PLD 197......e rendered by him to this Court. This application is, therefore, summarily rejected. Bimalendu Bikash Roy Choudhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 164. ..

Category: Limitation Law | Date: | Hits: 222

State Vs. Tajul Islam and 8 others, 1992, 21 CLC (HCD)

....the written statements filed on 29‑5‑90 by 10 confessing accused and accused Ali Azam is, that they had been falsely implicated is this case at the instance of the Chairman P.W.18 Abul Hashem and/member P.W.1 Dhan Mia as the accused persons opposed the election of P.W.18 Abul Hashem and supporte......hankaria Vs. State of Rajasthan, AIR 1978 (SC) 1248; Purnananda Das Gupta Vs. Emperor, AIR 1939 Calcutta 65; Ranakarlappa Vs. Emperor, AIR 1929 (Bombay) 327; Mohammad Rainzan Vs. State, PLD 1957 West Pakistan (Lahore) 956; Ismail Vs. Emperor, AIR 1946 (Sind) 43; Moqbul Hossain Vs. State, 12 DLR (SC)...... a copy of this Judgment be forwarded to the learned Additional Sessions Judge Brahmanbaria, for action in accordance with law. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 305. ..

Category: Criminal Law | Date: | Hits: 139

Dilu alias Delwar Hossain Vs. State, represented by the Deputy Commissioner, Barisal, 1996, 25 CLC (HCD)

....ing of that case. 2. The case started after filing of an ejahar by one Md. Shamsuddin Sardar with the Mehendigonj PS alleging that accused Babul, Dilu, Badsha and Shahin at the instance of Lookman member and Salam Doctor gouged out both the eyes of his nephew Belal Hossain. After investigation, c......rim bail to the petitioner is recalled and he is directed to surrender before the Magistrate by 19‑6‑96. Send down the LCR at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 529.......rim bail to the petitioner is recalled and he is directed to surrender before the Magistrate by 19‑6‑96. Send down the LCR at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 529...

Category: Procedural Law | Date: | Hits: 131

Abdus Sattar Vs. Chairman, Labour Court, Chittagong and another, 1996, 25 CLC (HCD)

.... penalty of dismissal from service to petitioner for the loss of some small spare parts given to him for repairing a machine and the Labour Court acted illegally in not considering the opinion of the members of that Court in not converting the order of dismissal into an order of termination. 3. I......dent No.2 is directed to give termination benefit to the petitioner within 30 days from date. Send down the lower Court's records. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 525. ......dent No.2 is directed to give termination benefit to the petitioner within 30 days from date. Send down the lower Court's records. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 525. ..

Category: Labour and Industrial Law | Date: | Hits: 183

Dhaka Chamber of Commerce and In­dustry Vs. Secretary, Ministry of Works of the Govt. of the People's Republic of Bangla­desh and others, 1986, 15 CLC (HCD)

....ees. It has been further stated that the petitioner is not the sole repre­sentative of the trade organisation as all the important private sector organisations, different leading industries, are all members of res­pondent No.4 and it is not correct that the petitioner is the only representative bo......s rule is discharged with­out any order as to cost. The stay granted earlier is hereby vacated. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 145. ......s rule is discharged with­out any order as to cost. The stay granted earlier is hereby vacated. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 145. ..

Category: Civil Law | Date: | Hits: 162

Amalendu Majumder Vs. Selimuzzaman, 1986, 15 CLC (HCD)

....ne the relevant provisions of the Local Government (Union Parishads) Ordinance, 1983 and the Rules framed thereunder. Sec­tion 26 of the Ordinance provides that an election of Chairman or an elected member of Union Parishad can be called in question only by filing an election petition under sub­se......herefore, committed no error in passing the impugned order. The Rule is, accordingly, discharged with­out any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 140. ......herefore, committed no error in passing the impugned order. The Rule is, accordingly, discharged with­out any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 140. ..

Category: Election Law | Date: | Hits: 309