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Government of Bangladesh and others Vs. G. M. M. Mizanuar Rahman Bhuiyan and others, 2011, 40 CLC (AD)

....ules of 1981. The learned Deputy Attorney General has also argued with much emphasis that the writ petitions were not maintainable at all; that the writ petition­ers being service holder under the Republic must raise their grievance regarding terms and conditions of their service before the Adminis..

Category: Employment/Service Law | Date: | Hits: 133

Bangladesh Sugar and Food Industries Corporation and others Vs. Md. Shamsuddin Sheikh, 2011, 40 CLC (AD)

....termination order and if not so paid then the order of termi­nation would be illegal and without jurisdiction. II. Whether the High Court Division erred in law in failing to consider that where a public officer is asked by a statue to perform a duty within a spe­cific time the provision as to t..

Category: Employment/Service Law | Date: | Hits: 180

Bangladesh Bank and another Vs. Sukamal Sinha Choudhury and another, 2011, 40 CLC (AD)

....laring the impugned cir­cular as far as it relates to its retrospective effect unlawful without at all taking into consideration that this impugned circular No.10 came into effect on the date of its publication, i.e. on 30.04.2005 having no retrospective effect and was made applica­ble to the writ..

Category: Employment/Service Law | Date: | Hits: 211

Government of Bangladesh and others Vs. Md. Salim Reza, 2003, 22 CLC (AD)

.... by the Allahabad High Court which it was observed: “This, however, does not necessarily mean that a person who is not a Government servant holding a post under the Government does not hold any public office and the engagement is purely private with no public element attaching to it. This part..

Category: Employment/Service Law | Date: | Hits: 155

Md. Rejaul Haque @ Ezaul Vs. State, 2011, 40 CLC (HCD)

....inul Ahsan on behalf of Mr. Md. Nurul Amin, learned Advocates appearing for the convict appellant submits that prosecution examined 12 witnesses out of which 10 are police personnel and rest two were public witnesses. P.W. 1-5 cross-examined by the defence but P.W. 6, 7, and 8 were tendered and defe..

Category: Criminal Law | Date: | Hits: 95

Abul Kashem Vs. State, 1997, 26 CLC (HCD)

....ms Act as the prosecution did not prove that the place wherefrom the gun and ammunition were recovered was in exclusive possession of the appellant. He further submits that the place of recovery is a public place and obviously was not in exclusive possession of the appellant. 5. Mr. Syed Abu Kows..

Category: Criminal Law | Date: | Hits: 94

Halima Jaman and other Vs. Government of Bangladesh, 1998, 27 CLC (HCD)

.... executed and registered by A Satter Solaiman, the plaintiff was obliged to file the Suit for specific performance of contract. In the written statements defendant No.2 Government of the People’s Republic of Bangladesh and defendant No.3 Giasuddin Ahmed, claiming to be a lessee from the Government..

Category: Property Law | Date: | Hits: 89

Mokthar Masum Abedin and others Vs. Nironjan Kumar Mondol and others, 1997, 26 CLC (HCD)

....heading cannot stand in the way of the said application being considered to be under the relevant law and them cannot be any ground to refuse to grant the proper relief or reliefs to which a litigant public under the law is entitled to have in his favour. The preliminary objection, thus, fails. 1..

Category: Procedural Law | Date: | Hits: 74

Ziauddin Ahmed Vs. Bangladesh,1994, 23 CLC (HCD)

....s without application of mind. The impugned order is absolutely void being violative of the principles of natural justice and also of Articles 27, 31, 32, and 36 of the Constitution of the People's Republic of Bangladesh. 5. The respondent No. 1 entered appearance by filing an affidavit-in-opposi..

Category: Constitutional Law | Date: | Hits: 238

Ataur Rahman (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)

.... place District Judges and other Judicial officers holding the rank of District Judges on a par with the holders of constitutional posts and above the positions of the persons in the service of the Republic in the aforesaid Warrant of Precedence and/or such other or further order or orders passed as..

Category: Constitutional Law | Date: | Hits: 270

American Life Insurance Company Vs. Dacca Poura Shaba and others, 1978, 7 CLC (AD)

....ting rate only when street lighting is provided to the holding concer­ned. Similarly, the conservancy rate can only be levied in the area where cleaning of private drains, urinals and cess pools and public streets are within such areas. It was ex­plained that ‘tax’ is designed to defray the ex..

Category: Fiscal/Taxation Law | Date: | Hits: 156

Bangladesh Steamer Agent's Association Vs. Bangladesh & others, 1979, 8 CLC (AD)

.... started its business at Chittagong and Khulna. By this only earning business, the app­ellant maintains all its charitable objects as mentioned in the Memorandum. These objects are non-profit making public welfare objects. 3. This service, known as LMD, is requir­ed for measurement/weighment of..

Category: Business or Commercial Law | Date: | Hits: 208

Buxly Paints (Bang­ladesh) Ltd. Vs. Bangladesh, 1977, 6 CLC (AD)

....al by spe­cial leave is against adischarging a Rule issued upon an application under Article 102 of the Constitution made by the appellant. 2. The appellant Buxly Paints (Bangla­desh) Ltd., is a public company incorporat­ed on 15-2-71 in East Pakistan having its re­gistered office at Chittago..

Category: Property Law | Date: | Hits: 79

Syed Abdul Ali Vs. Secretary, Ministry of Cabinet Affairs, Establishment Division & others, 1979, 8 CLC (AD)

.... filed a writ petition challenging an order of dismissal passed on 26.11.73. Facts giving rise to the proceeding are as follows: The appellant was holding a civil post in the services of the Republic as a Civil Engineer. He completed his 55 years of age on 31.1.73. He applied for leave prepar..

Category: Employment/Service Law | Date: | Hits: 107

Bangladesh Biman Corpo­ration Vs. Chowdhury Mohammad Yusuf and another, 1979, 8 CLC (AD)

....in violation of the principle of natural justice. In that decision it was pointedly remarked that it would be unjust to hold that an employee of the Cor­poration will be punished for misconduct as a public servant but dismissed like a pri­vate servant. It was observed that he is entitled to hearin..

Category: Employment/Service Law | Date: | Hits: 123

Md. Hemayet Hossain and others Vs. Chairman, Rajdhani Unnayan Kartripakha (RAJUK) and others, 2010, 39 CLC (HCD)

....y of the purposes of this Act, the Provincial Government may direct the Deputy Commissioner to requisition such property for the Board by an order in writing: Provided that no property used by the public for the purpose of religious worship shall be requisi­tioned."; (ii) in sub-section (3), ..

Category: Property Law | Date: | Hits: 106

Government of the People's Republic of Bangladesh Vs. Md. Khorshed Ali Talukder, 2012, 41 CLC (AD)

....el Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Government of the People's Republic of Bangladesh pre­sented by the Secretary, Ministry of Agriculture and others.................

Category: Administrative Law | Date: | Hits: 263

Md. Hasanul Islam Hanif @ Galcuta Hanif Vs. State, 2011, 40 CLC (HCD)

....n case to prove the recovery of arms and bullet from the exclusive control and possession of the petitioner but that evidence was not supported and corroborated either by seizure list witnesses or by public witnesses in whose presence the arms and bullet were recovered. It is true that in view of se..

Category: Criminal Law | Date: | Hits: 92

A.K. Azad Vs. Fakruddin and another, 2009, 38 CLC (HCD)

.... is discharged without any order as to costs. The order of injunction granted at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 135...

Category: Property Law | Date: | Hits: 85

Shahidul Alam VS. Government of Bangladesh and others, 1994, 23 CLC (HCD)

....m, Deputy Attorney General - For the Respondents. Writ Petition No. 1898 of 1994. Judgment Mohammad Asaduzzaman J. -This Rule under Article 102(2)(b)(i) of the Constitution of the People's Republic of Bangladesh was issued on 31.10.94 at the instance of one Shahidul Alam, son of late Md. Se..

Category: Criminal Law | Date: | Hits: 200