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Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)

.... that letter dated 15-6-93 has been annexed as Annexure-C. On 14-6-93 respondent No.2 Chairman, National Board of Revenue (NBR), wrote to the Ministry of Commerce informing that there are a number of posts vacant in the cadre of tax customs and excise. Respondents No.2 in the letter further invited ......the writ petition. 14. On 16-1-96 Customs and Excise Association dominated by the power lobby of a vested group interest held an emergency meeting of their Executive Committee. In that meeting the members expressed their concern about the respondent No.2’s failure to return the 7 officers to th......titioners vide Annexure-Z(3) of the writ petition. Considering the facts and circumstances of the case, we pass no order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 357.......titioners vide Annexure-Z(3) of the writ petition. Considering the facts and circumstances of the case, we pass no order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 357...

Category: Employment/Service Law | Date: | Hits: 186

Bangladesh Vs. CMA CGM Bangladesh Shipping Limited, 2009, 38 CLC (AD)

....the order dated 01.12.2008 passed by the High Court Division in Writ Petition No.9537 of 2008 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 673. ......the order dated 01.12.2008 passed by the High Court Division in Writ Petition No.9537 of 2008 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 673. ......the order dated 01.12.2008 passed by the High Court Division in Writ Petition No.9537 of 2008 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 673. ......the order dated 01.12.2008 passed by the High Court Division in Writ Petition No.9537 of 2008 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 673. ..

Category: Administrative Law | Date: | Hits: 318

State Vs. Abul Howlader, 1995, 24 CLC (HCD)

....the child and the child died instantaneously. The informant lodged the First Information Report with the police. Police visited the place of occurrence, held inquest, sent the dead body to morgue for post mortem examination, seized alamats, prepared sketch map and index thereof, after due investigat......P.W.2 that she would not accompany the accused along with the child, the accused dealt a dao blow on her. But this dao blow by accident hit the newly born baby who died then and there. It has to be remembered that the accused had no intention of doing ant harm to his newly born child. All that he in......rom death penalty to that of rigorous imprisonment for 8 (eight) years. The jail appeal being Jail Appeal No.1251 of 1992 is dismissed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 257.......rom death penalty to that of rigorous imprisonment for 8 (eight) years. The jail appeal being Jail Appeal No.1251 of 1992 is dismissed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 257...

Category: Criminal Law | Date: | Hits: 97

Md. Zulfikar Mahmud Vs. National University and others, 2006, 35 CLC (HCD)

....ministrative functions as well as power of appointing teachers and employees and to fix up terms and conditions of their services under Jatiya Bishyabiddaloya. Clause 15 of the said Ain regulated the post of the Registrar as its residential officer having power to preserve the properties of the Univ...... his superior authorities. Unfortunately, Mr. Abu Yusuf Md. Khalilur Rahman M.P. of Joypurhat was very hostile to the petitioner as both of them hail from Joypurhat Hon'ble Member of Parliament was a member of the Parliamentary Standing Committee on Education under whose undue pressure, the Universi......vice and to implement this order as per rules within 30 days from the date of receipt the copy of this Judgment and report compliance. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 51. ......vice and to implement this order as per rules within 30 days from the date of receipt the copy of this Judgment and report compliance. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 51. ..

Category: Employment/Service Law | Date: | Hits: 165

Abdul Gani alias Ganya Vs. State, 2006, 35 CLC (HCD)

....ed from his bail bond as he has already served out sentence of imprisonment for 10 years. Send down the Lower Court records at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 47. ......ed from his bail bond as he has already served out sentence of imprisonment for 10 years. Send down the Lower Court records at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 47. ......ed from his bail bond as he has already served out sentence of imprisonment for 10 years. Send down the Lower Court records at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 47. ......ed from his bail bond as he has already served out sentence of imprisonment for 10 years. Send down the Lower Court records at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 47. ..

Category: Criminal Law | Date: | Hits: 102

State Vs. Raisuddin and others, 1996, 25 CLC (HCD)

....re seriously injured. 18. P.W.11 Dr. Md. Rajab Ali examined, deceased Siddique and found some burnt injuries on his person. 19. P.W.12 Md. Awlad Hossain carried the dead body to the morgue, for post mortem examination and identified them. 20. P.W.13 Serajul Islam stated that he heard some s......with extreme brutality, as such, the I accused Raisuddini, Amanullah, Morshed, Pachu and Samar have rightly been awarded the extreme penalty of death. The other accused‑appellants who were also the members of the unlawful assembly raided the house having had the common object of effacing out all t...... liberty forthwith if not wanted in connection with any other case. The jail appeal being Jail Appeal No.1025/992 is also allowed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 517. ...... liberty forthwith if not wanted in connection with any other case. The jail appeal being Jail Appeal No.1025/992 is also allowed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 517. ..

Category: Criminal Law | Date: | Hits: 104

Dilruba Aktar Vs. AHM Mohsin, 2003, 32 CLC (HCD)

....on as may be after pronouncement of talaq in any form whatsoever, give Chairman notice in writing of his having done so, and shall supply a copy thereof to wife. 39. Sub‑section (2) of section 7 postulates that whoever contravenes provisions of sub‑section (1) shall be punishable with simple ......mount if not so paid shall be recoverable as arrears of land revenue. Lower Court's Record be sent down as immediately as possible. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 568.......ng in which application he shall state the reasons for doing so and, also, shall state whether he has obtained the consent of existing wife or wives. The application shall be submitted to Chairman of Union Parishad in prescribed manner and Chairman on receipt of application shall ask the applicant a......which application he shall state the reasons for doing so and, also, shall state whether he has obtained the consent of existing wife or wives. The application shall be submitted to Chairman of Union Parishad in prescribed manner and Chairman on receipt of application shall ask the applicant and his..

Category: Family Law | Date: | Hits: 165

State Vs. Md. Mobarak Ahmed Chowdhury, 2007, 36 CLC (AD)

.... Hospital for treatment and from there his first son deceased Md. Bashir Ahmed Chowdhury was taken to Dhaka Medical College Hospital where he succumbed to his injuries at 9.30 a.m. on 05.03.1990. The post-mortem examination of the dead body of his 1st son deceased Md. Bashir Ahmed Chowdhury was carr......tance in the submissions of the learned Deputy Attorney General for the petitioners. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 275. ......tance in the submissions of the learned Deputy Attorney General for the petitioners. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 275. ......tance in the submissions of the learned Deputy Attorney General for the petitioners. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 275. ..

Category: Criminal Law | Date: | Hits: 79

M. M. Mahboob and others Vs. Sk. Abdur Rashid and others, 2004, 33 CLC (AD)

....ion challenging memo No. বাসককস/শাখা-১ জ্যেষ্ঠ-৬/৯৯/৪৭ dated 4.1.2000 (Annexure-A to the writ petition). Writ petitioners were appointed to the post of Assistant Commissioner in BCS Administrative Cadre on the recommendation of the PSC and they......posts of Circle Officer. The Counsel Committee decided on 25.10.1978 to fill up 30% of the 465 posts of Circle Officer (i.e. 139) posts from amongst the 270 officers selected by PSC in 1975 and three members of committee found 125 including the appellants out of 270 officers to be fit for promotion ......ected themselves in making the Rule absolute. In the result, we find substance in the appeal and accordingly, the appeals are allowed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 266. ......ected themselves in making the Rule absolute. In the result, we find substance in the appeal and accordingly, the appeals are allowed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 266. ..

Category: Employment/Service Law | Date: | Hits: 149

Board of Intermediate and Secondary Education, Comilla and others Vs. Md. Shafiqul Islam, 2007, 36 CLC (AD)

....overnment Servants (Discipline and Appeal) Rules, 1985. 5. The learned counsel for the petitioner No.1 submitted that the second show cause notice issued under Memo No.246 dated 26.5.1996 was posted on 26.5.1996 in the morning and reached the respondent on 27.5.1996 at the ear......85; by letter dated 6.2.96 the respondent was asked to show cause and the respondent showed cause on 19.02.1996 but the same having been found unsatisfactory, an Inquiry Committee consisting of three members was formed to enquire into the charges framed against the respondent; the Inquiry Committee ......er No.1 in the year 1990 for a period of two years and on the expiry of the said term he was re-elected as its President in the year 1993; the Above Karmachari Samity, being the only registered Trade Union as well as the Collective Bargaining Agent of the workers of the petitioner No.1, the responde......t any illegality or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 263. ..

Category: Labour and Industrial Law | Date: | Hits: 832

M. Tofazzal Ahmed Vs. Jashim Uddm Hayder Faruque, 2007, 36 CLC (AD)

....learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 261. ......g. 2. The facts of the case, in short, are that the Waqf Administrator, Dhaka by order dated 30.09.2002 appointed Tofazzal Ahmed, Mutawalli/Secretary of Waqf Estate and constituted and approved 13 member committee for 5 years. 3. Against which order Miscellaneous Appeal No.276 of 2002 was pref......learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 261. ......learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 261. ..

Category: Trust/Waqf Law | Date: | Hits: 117

Kabiruddin Ahmed Vs. Akmal Hossain and others, 1995, 24 CLC (HCD)

.... no order as to costs. Let a copy of this Judgment and order be sent to the Chief Election Commissioner for his taking necessary steps. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 245.......squalification of Chairman and Members of Union Parishads.- (1) A person shall, subject to the provisions of sub‑section (2), be qualified to be elected or nominated as, and to be, a Chairman or member if- (a)....................... (b)....................... (c).............................‑ For the Opposite Party No.1. Civil Revision No.253 of 1994. Judgment Kazi AT Manowaruddin J.- This Rule arises out of an election petition, challenging the Chairman Election of Barakhada Union Parishad within the district of Kushtia. Three persons, including the petitioner and the oppos......r the Opposite Party No.1. Civil Revision No.253 of 1994. Judgment Kazi AT Manowaruddin J.- This Rule arises out of an election petition, challenging the Chairman Election of Barakhada Union Parishad within the district of Kushtia. Three persons, including the petitioner and the opposite pa..

Category: Election Law | Date: | Hits: 301

Md. Aminul Haque Helal Vs. Mr. Justice Sultan Hossain Khan and others, 2006, 35 CLC (HCD)

.... 21.11.2004 (Annexure-B to the writ petition) and that appointment has been challenged in this writ petition on the ground that the office of the chairman and commissioners are neither constitutional posts nor posts of oath but created as per provisions of the Durnity Daman Ain to perform function o......nt to the said appointment, and as such the impugned appointment is not hit by Articles 99 or 118 of the Constitution in any way. The petition is also bad for non-joinder of necessary parties, as the members of the Selection Committee as provided in section 7 of Act No.5 of 2004, have not been made ......ove the petitioners case. In view of our discussions and findings made above, this rule is discharged without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 1. ......ove the petitioners case. In view of our discussions and findings made above, this rule is discharged without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 1. ..

Category: Constitutional Law | Date: | Hits: 228

Bangladesh Parjatan Corporation Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)

....it petition, in short, was that he joined in the service of the Corporation on 19.02.1977 as plumber on daily basis and his service was regularized on 15.07.1977. Subsequently, he was promoted to the post of Electrical Foreman of the Corporation and he had been discharging his duties diligently sinc...... has got the recognition as a tourism professional of Bangladesh through inclusion of his name in the most prestigious world publication “WHO’S WHO” 1998 edition. He represented Bangladesh as a member of the delegation to SAARC Technical Committee on Tourism meetings held in Goa, India (1992),......000; Secretary, Bangladesh Jute Mills Corporation Vs. SAH Monoar Ali and others 5LG(AD) 249; C.W. Raymond Vs. Ford Motor Co. of India Ltd (1950) 2; F.J.R. 1000 and Crushing (Pakistan) Limited workers Union, Lahore Vs. M/S. Crushing (Pakistan) Limited Workers Union, Lahore, 1962 PLC, 1275; Lawyers...... writ-respondent-appellants herein to reinstate him in his post with all his due back wages and benefit. The appeals are dismissed. No order as to cost. Ed. This Case is also Reported in: ..

Category: Employment/Service Law | Date: | Hits: 156

Government of Bangladesh and others Vs. Abdul Quader Mollah and another, 2011, 40 CLC (AD)

....ts to provide the petitioners Division-1 status under the Jail Code. There is no merit in this petition, which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 240.......d visited many countries of the globe for professional and political purposes. The respondent No.2 claimed that he is a journalist by profession and Executive Editor of Bengali Dhaka Digest. He was a member of Dhaka Union of Journalists and elected executive member of Bangladesh Federal Union of Jou......claimed that the respondent No.1 is a Research Scholar, Founder Secretary of Manarat International School and College in Dhaka, Executive Editor of Daily Sangram, Vice President of the Combined Dhaka Union of Journalist for two consecutive terms and the Ameer of Jamaat Dhaka City Unit. He is active......ts to provide the petitioners Division-1 status under the Jail Code. There is no merit in this petition, which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 240...

Category: Criminal Law | Date: | Hits: 95

Bangladesh Livestock Research Institute Vs. Dr. Md. Jahangir Alam Khan and another, 2012, 41 CLC (AD)

....Court Division challenging the order of his suspension dated 7th December, 2009 on the ground that it was issued arbitrarily with ulterior motive, while he was awaiting an order of appointment to the post of Managing Director of the Bangladesh Livestock Research Institute he was suddenly placed unde......from the date of order of suspension. In view of the above, we find no merit in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 239. ......from the date of order of suspension. In view of the above, we find no merit in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 239. ......from the date of order of suspension. In view of the above, we find no merit in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 239. ..

Category: Employment/Service Law | Date: | Hits: 251

Ishaque Mia (Md.) & another Vs. Abdul Mazid Mollah & others, 1995, 24 CLC (HCD)

.... multiplicity of suit and further litigation concerning them. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 465. ...... not shared by the Generality of the community but only by individuals, placed in the same category of character. The character itself must be conferred by law on person viewed from the standpoint of membership of the community. It is a "Status" or "Character" conferred by law. It is not a creature ......d. Rafiqul Islam and others, 46 DLR 93; Almas Khatun Vs. (Esahab) Mia, 8 DLR 82; Halimunnesa Vs., Hemendra Kumar Roy Chowdhury and others, 12 DLR 448; Burmah Eastern Ltd. Vs. Burmah Eastern Employees Union and Ors, 18 DLR 709; Imanuddin Rahi Vs. Lilbati Das, 32 DLR 75; Mosanimat Sahera Khatun Vs. An...... multiplicity of suit and further litigation concerning them. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 465. ..

Category: Civil Law | Date: | Hits: 130

Sharon Laily Begum Jalil Vs. Abdul Jalil and others, 1995, 24 CLC (HCD)

....lean Akhter Jalil and Mohammad Shah Alam Jalil fortnightly and offer gifts, if any, at a time and place convenient to both the parties. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 460.......ted in all the 4 petitions are, that the petitioner Mrs. Sharon Laily Begum Jalil was born on 24‑4‑68 in England and a British Citizen. She comes of a respectable family, her father having been a member of the Dagon Bhuiyan Union Parishad and her mother being resident in Middlesborough, England.......re, that the petitioner Mrs. Sharon Laily Begum Jalil was born on 24‑4‑68 in England and a British Citizen. She comes of a respectable family, her father having been a member of the Dagon Bhuiyan Union Parishad and her mother being resident in Middlesborough, England. She was married on negotiat......at the petitioner Mrs. Sharon Laily Begum Jalil was born on 24‑4‑68 in England and a British Citizen. She comes of a respectable family, her father having been a member of the Dagon Bhuiyan Union Parishad and her mother being resident in Middlesborough, England. She was married on negotiation wi..

Category: Family Law | Date: | Hits: 166

Matira Bewa & others Vs. Sree Sudhir Chandra Saha & others, 1982, 11 CLC (HCD)

....d those of the Courts below are restored, upheld and affirmed. There will be no order as to costs. Chowdhury ATM Masud J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 56. ......case. 7. In Mia Muhammad Saeed's case the appellants who belonged to a notified agricul­tural tribe while selling land sold it as persons who do not belong to the notified agricul­tural tribe, a member of such tribe being debarred from alienating his agricultural land to one who does not belong......d those of the Courts below are restored, upheld and affirmed. There will be no order as to costs. Chowdhury ATM Masud J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 56. ......d those of the Courts below are restored, upheld and affirmed. There will be no order as to costs. Chowdhury ATM Masud J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 56. ..

Category: Property Law | Date: | Hits: 146

Ataur Rahman Vs. Election Commission & Others, 2010, 39 CLC (AD)

....e Rule. 2. The present petitioner as writ petitioner filed an application under Article 102 of the Constitution of the People's Republic of Bangladesh contending, inter alia, that election for the post of Chairman, Vice-Chairman and Woman Vice-Chairman of Jagannathpur Upazilla Parishad was held o......n Dhar, a defeated candidates after 6 days of the election lodged a complaint on 28.01.2009 to the Election Commission and the Election Commission by a notification dated 24.03.2009 constituted a one-member Commission of inquiry under Section 3 of the Commission of Inquiry Act, 1956 appointing Mr. M......ies arrived at a correct decision which does not require any interference by this Court. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 99.......r Article 102 of the Constitution of the People's Republic of Bangladesh contending, inter alia, that election for the post of Chairman, Vice-Chairman and Woman Vice-Chairman of Jagannathpur Upazilla Parishad was held on 22nd January, 2009 under স্থানীয় সরকার (উপজেল..

Category: Election Law | Date: | Hits: 296