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Jahir Gazi and others Vs. Belal Hossain, Advocate and others, 1999, 28 CLC (AD)
....among whom there s a lady have not been taken into consideration. 9. This argument is also misconceived because on balance the inconvenience of the informant and his victim brother is much higher than that of the accused-petitioners. Besides, they have also an interest in seeing that the......hich they are suffering now. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 87. ..Category: Criminal Law | Date: | Hits: 63
Abdul Haque (Md) Deputy Commissioner Vs. District Judgeship, 1999, 28 CLC (AD)
....tted that the remarks were without doubt objectionable and certainly not expected of a high and responsible official as the appellant was. It was, of course, part of his official duty to report to higher authority for guidance about the difficulties and problems he might have been facing in runn...... censured for his objectionable remarks against the judicial officers of Kurigram and warned to be careful is future. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 15. ..Category: Criminal Law | Date: | Hits: 70
Bangladesh Vs. Shirely Anny Ansari, 2000, 29 CLC (AD)
.... 123 of the Transfer of Property Act and, as such, no delivery of possession is required but we fail to agree with his submission as the law on this point is very clear. The consistent view of the higher Courts of Sub Continent is that not only a gift under Mohammadan Law but also under the Tran......gh Court Division in Writ Petition No. 7756 of 1997 is hereby set aside and that of the Court of Settlement restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 180. ..Category: Property Law | Date: | Hits: 64
Abul Bashar Vs. Investment Corporation of Bangladesh & another, 2000, 29 CLC (AD)
....ained by the Administrative Tribunal unless it is made within six months from the date of making or taking of the order, decision or action concerned or making of the decision on the matter by the higher administrative authority, as the case may be.” 10. It is clear from......sel for the petitioner are distinguishable on facts. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 178. ..Category: Administrative Law | Date: | Hits: 121
Zenith Packages Limited Vs. Member Labour Appellate Tribunal Dhaka and others, 2000, 29 CLC (AD)
....ice dated 19-3-1998 under section 40(2) of the Ordinance the agreement was terminated the Employer Co leading to with effect from 19-5-98. Submission of a Charter of a Demands dated 20-5- 1998 for higher rates of emoluments and company issued notices reducing all previous rates. Respondent No. ......e reason as given by us, find any reason to admit this petition for review. The review petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 160. ..Category: Labour and Industrial Law | Date: | Hits: 127
Bangladesh and others Vs. Mizanur Rahman, 2000, 29 CLC (AD)
.... customs duties, tariff values for any goods imported or exported chargeable with customs duty ad valorem: Provided that any imported or exported goods the declared value of which is higher than its tariff value fixed under this sub-section shall be chargeable with customs duties ......of any excess duty under section 33 of the Act within six months of such payment his writ petition is not maintainable. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 149. ..Category: Fiscal/Taxation Law | Date: | Hits: 94
Syed Jahangir Hossain Vs. Md. Moyenuddin and others, 2000, 29 CLC (AD)
....de above we find no merit in this appeal. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 140. ......rst Statutes of the Dhaka University Order, 1973 is as follows: “Act according to the service rules and regulations in the matters of appointment, leave, disciplinary measure, scale of pay, allowances, pension, gratuity, etc. of staff of various categories as approved by th..Category: Others | Date: | Hits: 84
Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)
.... one of the Executive Service Cadres like them and have always resented any extra consideration or remuneration in their favour. They have validly argued that if the judicial officers are entitled to higher privileges because of the sedentary nature of their work the BCS. (Secretariat) Cadre is also......eate new services or amalgamate or unify existing services. In exercise of powers under section 5 thereof, the Government passed the Services (Grade Pay and Allowances) Order, 1977 fixing the grades, scales of pay etc of, inter alia, the subordinate judiciary, re-fixing them from time to time by iss..Category: Constitutional Law | Date: | Hits: 829
Abdur Rahim Chowdhury Vs. Bangladesh Bank and others, 2000, 29 CLC (AD)
....aging Director of the Bank from the time of receipt of the letter as delay due to the time to show cause would be detrimental to the interest of the depositors of the Bank and to authorize the next higher officer to perform the functions of the Chief Executive during his temporary suspension of ......gment and order requires no interference by this Court. The appeal is dismissed with cost to the respondents. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 71. ..Category: Business or Commercial Law | Date: | Hits: 116
Mustafa Kamal and another Vs. Commissioner of Customs and others, 1999, 28 CLC (AD)
....o consider the limited submission that the very difference in the invoice value and tariff value is indicative of arbitrariness and fictitiousness in the imposition of tariff value at an unreasonably higher figure. There is no guideline for fixing tariff value in section 25 of the Customs Act and th......to the impugned tariff value, the question of onus fades into insignificance and the High Court Division is then free to decide on the basis of documents annexed by both sides as to on whose side the scale is heavier. If the writ petitioner’s documents carry more weight his case will be accepted. ..Category: Business or Commercial Law | Date: | Hits: 165
Hafizuddin (Md) & 3 ors Vs. Bangladesh Bank, represented by Governor & ors, 1997, 26 CLC (AD)
..... 6. Mr. M Amirul Islam, learned Counsel for the petitioners in all the petitions, submits that it was his contention before the Appellate Tribunal that the petitioners did not approach the higher administrative authority for decision in the matter or did not wait for their decision in th...... made any submission on this finding. 15. We find no ground for interference. The petitions are dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 147 ..Category: Administrative Law | Date: | Hits: 159
Ansarul Haque Vs. Abdur Rahim and 4 others, 1997, 26 CLC (AD)
.... been mentioned in his First Information Report and if his allegation is correct that his application for amendment of plaint for the same purpose has been rejected, he can always seek remedy in a higher Court. 9. The quashing of criminal proceeding, in our opinion, has not caused a......t’s the special circumstance of this particular case. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 145 ..Category: Criminal Law | Date: | Hits: 93
Azizul Haque Sikder and others Vs. Collector of Customs, Chittagong and others, 1997, 26 CLC (AD)
....own by both the Tribunals below. For the foregoing reasons, the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 172 ......on is to be filled up first and then the case of direct recruitment is to be taken up. Further, by memo dated 26-6-83 the two posts of preventive officers and appraisers were placed in the same pay scale of Taka 470-1135.00. The appellants contended that by having the same scale of pay the preve..Category: Administrative Law | Date: | Hits: 160
AFB Jahan Mia (Md) Vs. Chairman, National Board of Revenue and others, 1997, 26 CLC (AD)
....carried a scale of pay Taka 370.00-745.00 and the two posts were placed in different Grades. The history of these two posts show that they are Not of equal class The post of inspector of Taxes is a higher post than that of Upper Division Assistant It is for this reason that it was not possible to......pellant joined the Presidents Secretariat in Islamabad on 29-9-70 as an Upper Division Assistant. On return to Bangladesh hews taken in the Ministry of Foreign Affairs in the same post carrying a scale of pay of Taka 310.00-670.00 which was in Grade-Vu of National Scale of Pay His service was ..Category: Administrative Law | Date: | Hits: 140
Khandaker G. Najib Vs. Chair., Board of Directors, Agrani Bank, HO, Dhk & ors, 1997, 26 CLC (AD)
....e matter. The appeal is allowed with costs and remanded to the Administrative Tribunal for hearing the case in accordance with law. Ed. This case is also reported in: 49 DLR (AD) (1997) 109. ......rd. The appellant then filed case No. 27 of 1989 on 29-1-89 before the Administrative Tribunal. Dhaka, claiming as many as nine reliefs mainly concerning his arrear pay, etc. from 16-2-79 to 13-8-86, scale of pay, promotion and other benefits. The Administrative Tribunal dismissed the appellant’s ..Category: Administrative Law | Date: | Hits: 131
Fazlur Rahman (Md) Vs. Government of Bangladesh, 1997, 26 CLC (AD)
.... petitioner) as to the extension of his service stating therein that although extension of the service of a teacher is the subject matter of the Managing Committee but due to pendency of cases in the higher Court as regards formation of the Managing Committee a Government decision is necessary. Resp...... to the writ-petition had been issued without any lawful authority and is of no legal effect. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 92. ..Category: Constitutional Law | Date: | Hits: 163
Category: Employment/Service Law | Date: | Hits: 95
Rupe Jahan Begum and others Vs. Lutfe Ali Chowdhury and others, 1997, 26 CLC (AD)
.... result, this appeal is allowed with costs and the impugned judgment and order of the High Court Division stand set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 73 ...... by Baqar Ali for the daughter of his favourite wife and though there may be no presumption of advancement in such cases in India, very little evidence of intention would be sufficient to turn the scale. The sending of the deed for the inspection of the lady’s father-in-law, which the Chi..Category: Procedural Law | Date: | Hits: 140
Bangladesh Vs. Abdul Latif Chokder , 1997, 26 CLC (AD)
....of the Administrative Tribunals Act, 1980 provides that an application can be filed before the Administrative Tribunal within six months from the date of making of the decision on the matter by the higher Administrative Authority. Under the law one appeal is provided and after the disposal of th......was upgraded to Class I non-cadre post. (2) In terms of the provisions of Schedule III SI No. 74 of the Rules of Business framed by the President the case of appointment the respondent whose scale of pay was below the maximum scale as provided in clause (d) thereof, whose appointment was n..Category: Administrative Law | Date: | Hits: 106
Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)
....a dying language.” Lord Denning echoed the same idea in the following words: “Law does not stand still. It moves continually. Once this is recognised, then the task of the Judge is put on a higher plane. He must consciously seek to mould the law so as to serve the needs of the time, must n......ellant should be given locus standi to maintain the writ petition on their behalf. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 1, 17 BLD (AD) 1997, 1; 1 BLC (AD) (1996) 189. ..Category: Constitutional Law | Date: | Hits: 450