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Md. Abul Hossain Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....ensure that every Nikah Registrar must be satisfied that the bride/groom is major at time of solemnization of marriage. Gobinda Chandra Tagore J.-I agree. Ed. This Case is also Reported in: ......ul Quddus Bhuiyan was appointed Nikah Registrar for No. 11, Cheora Union of Chouddagram Upazila. Since the hearing was going on, we were of the view that if the Rule was made absolute, the subsequent appointment would automatically stand cancelled and as such, we kept the application pending for con..Category: Civil Law | Date: | Hits: 128
Law Dev (Bangladesh) Vs. Bangladesh and another, 2011, 40 CLC (HCD)
....omptroller and Auditor-General of Bangladesh from 8-8-1999 to 4-2-2002. However, the BERC was established by the Bangladesh Energy Regulatory Commission Act, 2003 (Act No.13 of 2003) as a neutral and independent commission for dealing with several issues pertaining to power, energy and mineral res......istry of Power, Energy and Mineral Resources from qualified candidates through public advertisements in various national dailies. Those advertisements detailed the qualifications required for the appointment and also mentioned the salaries and another benefits and allowances of the Chairman and ..Category: Employment/Service Law | Date: | Hits: 92
AR Bhuiyan and Company Vs. Commissioner of Taxes, Dhaka (South) Zone, Dhaka, 1992, 21 CLC (HCD)
....bsequent assessment year such claim for deduction was allowed and as such the Tribunal was not justified in disallowing the claim. The contention is not correct inasmuch as each assessment year is an independent one and the principle of res judicata does not apply to the assessment of taxes under In......xes under Income‑Tax Act. For the aforesaid discussion, we answer the question No.1 in the affirmative and against the assessee. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 347. ..Category: Fiscal/Taxation Law | Date: | Hits: 90
Abdul Khaleque (Md) Vs. Deputy Commissioner, Dhaka, 1992, 21 CLC (HCD)
....e without lawful authority and of no legal effect. Considering the facts and circumstances of the case no order is made as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 369.......n challenged as being without lawful authority and of no legal effect. 2. The case of the petitioner is that he was appointed as an Assistant Headmaster of Uttar Kafrul High School on 15.5.79 vide appointment letter which has been annexed to this writ petition as at Annexure 'A'. After appointmen..Category: Employment/Service Law | Date: | Hits: 59
Nikhil Kumar Sarker Vs. Bangladesh, 1991, 20 CLC (HCD)
....sistant Teacher of the said nationalised school is without any lawful authority. The application is, therefore, summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 67. ...... follows‑ "Teacher means a full time teacher of a Nationalised High School and includes a Headmaster and an Assistant Headmaster of the said School, appointed before the imposition of embargo on appointment by the Director-General, or app9inted, after such embargo, with the approval of the Di..Category: Employment/Service Law | Date: | Hits: 82
Haroon and another Vs. Mst. Sufia Khatun and another, 1990, 19 CLC (HCD)
....plication purporting to be under section 151 of the Code for vacating the order as also for dismissal of the application under rule 99 on the plea that the petitioners had no locus standi to file any independent application under rule 99. 3. After hearing the parties, the executing Court sustaine...... contention is overruled. For all these reasons I find no substance in this case. The Rule is, accordingly, discharged with costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 63...Category: Civil Law | Date: | Hits: 89
....ind no illegality whatsoever in impugned orders and on the grounds stated above, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 333.
......rked in Triangle Enterprise at Dhaka as consultant and developed micro‑computer based programme for personnel management and inventory control upto April 2, 1982. The respondent BUET advertised for appointment to the post of Assistant Professor in its Electrical and Electronic Engineering Departme..
Category: Employment/Service Law | Date: | Hits: 155
Government of Bangladesh and others Vs. Excellent Corporation, 2010, 39 CLC (AD)
....Writ respondent Nos.1 and 2 contested the petition by filing an affidavit-in-opposition. they relied upon Article 22 of the agreement slating that the agreement for supply of coins entered into is an independent contract and it has been clearly mentioned in the agreement that the contract shall be...... without any order as to cost. The Judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 148, 16 MLR (AD) (2011) 433, 8 LG (AD) (2011) 190. ..Category: Business or Commercial Law | Date: | Hits: 267
Syed Mokbul Hossain Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....tituency No.21331 Sylhet‑6 cancelling the nomination of one Mr. Hasib. It was given a wide publicity in the newspapers. The petitioner refused to accept such nomination and decided to contest as an independent candidate. Ultimately, as an independent candidate he was elected on 7.5.86 as the Membe......t should not be lightly interfered with. In the facts and circumstances of the case, there will, however, be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 39. ..Category: Constitutional Law | Date: | Hits: 288
Md. Sharifullah Vs. State, 2011, 40 CLC (HCD)
....e to us because (I) in the earliest point of time the informant and other P.Ws did not say anything regarding the dying declaration to the law enforcing agencies and the Investigating Officer (II) No independent witness from the hospital particularly the nurse, who was nursing the patient did not co...... him be discharged from the bail bond. Send down the lower Court records with a copy of this judgment immediately. Gobinda Chardra Tagore J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 73
Chairman, BCIC Vs. Anis U Ahmed Tussan, 2011, 40 CLC (AD)
....Court Division rightly dismissed the appeal. In the circumstances this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 93, IX ADC (2012) 181. ......dgment and order dated 14-3-2002. 3. Being aggrieved by this judgment and order the present petitioner filed First Appeal No. 288 of 2002 before the High Court Division on the main ground that the appointment of the sole arbitrator was illegal and, as such, the award passed by him also was illega..Category: Alternative Dispute Resolution | Date: | Hits: 182
Public Service Commission Vs. Mohammad Sohel Rana and others, 2010, 39 CLC (AD)
....-taker Government under Article 58D of the Constitution. There is, therefore, no scope to examine the powers and functions of the Care-taker Government. What is more, the Commission took the decision independently as will be evident from its resolution dated 1st July, 2007. The findings of the Hig......ted 11th November, 2009 made the rules absolute and disposed of Writ Petition No.91511 of 2008 directing the writ-respondents as under: "(1) The petitioners who were selected and recommended for appointment after the first viva voce examination as per the result published vide the Press Release..Category: Constitutional Law | Date: | Hits: 247
State Vs. Giasuddin and 5 others, 1990, 19 CLC (HCD)
.... hatred, the learned Judge has illegally placed reliance on the testimony of prosecution witnesses who are not only partisan but also highly interested in the case, without any corroboration from any independent source. The evidence of the witnesses, Mr. Huq suggests, having not come from unimpeacha......r Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑1 from sections 302/149 of Penal Code. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 267...Category: Criminal Law | Date: | Hits: 111
....on the same day and in relation to the same shares is not the same. Although the agreements are in relation to the same shares of IPDC in the appellant No.4 it is stated that they are self standing independent agreements. The learned Counsel also submitted that the appellants and the other Dir......ivision, we do not find any merit in the appeals of the appellant and accordingly the appeal is dismissed without any order as to cost.
Ed.
This Case is also Reported in: VIII ADC (2011) 240.
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Category: Civil Law | Date: | Hits: 78
Kumudini Hospital Vs. Kumudini Hospital Karmachari Union & others., 1977, 6 CLC (HCD)
....r dispensary would be treated as industry. The Indian Supreme Court further overruling the previous decision considered the question of Hospitals and found that the tuberculosis hospital was not an independent institution. It was a research institute. The dominant purpose of the hospital is resear......4 and 625 of 1974 are made absolute and the Rule in Petition No. 306 of 1976 is hereby discharged. There will be no orders as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 655. ..Category: Labour and Industrial Law | Date: | Hits: 123
Mozammel (Md.) Huq Vs. State, 1990, 19 CLC (HCD)
....d Judge found that the evidence led by the prosecution was unsatisfactory inasmuch as the witnesses were all in the position of bribe‑givers themselves and there was as such no corroboration by any independent witness. Further it was observed that there is no other witness who could see the occurr......Court. The Special Tribunal shall have the liberty to cancel the bail‑ of the accused if and when he finds it necessary in course of trial. Ed. This Case is also Reported in: 43 DLR (1991) 614...Category: Criminal Law | Date: | Hits: 52
Afsar (Md.) Vs. Moulvibazar Pourashava and others, 1990, 19 CLC (HCD)
....and order of the learned Subordinate Judge it is apparent that inspite of dealing with the review application under Order XLVII rule 1 of the Civil Procedure Code, he has dealt with the same as it an independent original application for temporary injunction or as if he has sat over a judgment of the......this order with proper notice to both the sides. Let the records of the case along with a copy of this order be sent down expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 589. ..Category: Trust/Waqf Law | Date: | Hits: 181
Khelu Mia and others Vs. State, 1990, 19 CLC (HCD)
.... occurrence can be relied upon to sustain the conviction of the accused appellants. It is well‑settled that an interested witness particularly when she is the wife of the victim as in this case, an independent corroboration of her evidence should be sought for in view of the principles of the rule......are acquitted of the charges levelled against them. Let the appellants be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 573. ..Category: Criminal Law | Date: | Hits: 82
State Vs. Md. Ali Kibria @ Shahzijahan and others, 1990, 19 CLC (HCD)
....e that he had to seek medical aid within the jail premises. Now a retracted confession needs corroboration in as much as it is always open to suspicion and cannot be acted upon unless corroborated by independent and credible evidence. It is not a rule of law rather than a rule of prudence. 13. In......osecution relied is the evidence of PW 2 Mukul. The credibility of this witness has been considerably shaken in the cross examination. From her evidence it appears that she hails from Barisal and got appointment as maid servant in the house of Kaoser 15 days before the occurrence. She further admitt..Category: Criminal Law | Date: | Hits: 93
Delta Jute Mills Limited and another Vs. Sonali Bank and others, 1990, 19 CLC (HCD)
....ngs from its cash credit account would be allowed from 1.7.87. Obviously, the letter was written in pursuance of the direction of Respondent No. 3. Respondent No. 1 does not also claim it to be their independent commercial decision. Annexure "B" to the supplementary affidavit reveals that the said d......hout lawful authority and is of no legal effect. Considering the facts of the case, we, however, award cost against Respondent No. 2 only. Ed. This Case is also Reported in: 43 DLR (1991) 483. ..Category: Company Law | Date: | Hits: 213
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