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Taposh Malaker Vs. Government of Bangladesh, Represented by the Secretary, Ministry of LGRD) and others, 2013, 42 CLC (AD)

....made on proper appreciation of law and facts do not call for interference. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 1. ......iah J Syed Mahmud Hossain J Siddiqur Rahman Miah J AHM Shamsuddin Choudhury J Taposh Malaker..............Petitioner Vs. Government of Bangladesh, Represented by the Secretary, Ministry of LGRD) and others…………………&hell..

Category: Election Law | Date: 7 May, 2013 | Hits: 6

Abdul Mukid (Md.) Vs.. Artha Rin Adalat Khulna and another, 2013, 42 CLC (HCD)

....Judgment  April 21, 2013 Result: The Rule is made absolute. Cases Referred to- Supreme Court of Bangladesh Vs. Md. Sufi Uddin, 6 BLC (AD) 241; Bangladesh House Building Finance Corporation Vs. Jahanara Akter, 16 BLD (AD) 231 =49 DLR (AD) 80; Essex Incorporated Congregr......d or certificates issued by the said Artha Rin Adalat also resulted in nullity. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 211.         ..

Category: Corporate Law | Date: 21 Apr, 2013 | Hits: 4

Iftekharul Karim (Md.) Vs. State, 2013, 42 CLC (HCD)

....etropolitan Sessions Judge, Dhaka, and learned Special Judge, 3rd Court, Dhaka. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 211.         ......aw; the learned Judge therefore held that the whole trial was null and void and he could not take cognizance of the offences in question and accordingly quashed the proceedings. Thereafter, the Chief Secretary of the Government of Bhopal accorded fresh sanction for the prosecution of the Sudhakar Du..

Category: Criminal Law | Date: 4 Apr, 2013 | Hits: 4

Dhaka City Corporation Vs. Firoza Begum & others, 2013, 42 CLC (AD)

....on are based on proper appreciation of laws and facts. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 145. ......ere is non-compliance with a mandatory pro­vision of law………………………………(24) Cases Referred to- Smith Vs. Secretary of State for Home Affairs [1969] 2 Ch. 149, 170; Council of Civil Service Union Vs. Minist..

Category: Constitutional Law, Employment/Service Law | Date: 6 Mar, 2013 | Hits: 17

Rear Admiral M. Nurul Islam, NCC, PSC (Retd.) Vs. State, 2013, 42 CLC (HCD)

....stification a decision was made to purchase Frigate from Daewoo Corporation of South Korea. The decision was taken on the basis of a summary dated 06.08.1996 that contained an objection from the then Finance secretary, a decision was taken in an inter-ministerial meeting held on 31.03.1997, under th......was decided to purchase Deawoo’s Frigate for 100 Millions U. S. Dollar, on the basis of Memorandum of Understanding with the Deawoo Corporation, which was signed on 11.07.1996. The then Finance Secretary on 04.8.1996 pointed out two difficulties namely it had to pay for the financial year of 1..

Category: Anti-Corruption Laws | Date: 24 Feb, 2013 | Hits: 82

Amir Hossain Sowdagar Vs. Md. Harunur Rashid and others, 2013, 42 CLC (AD)

....xecute and register a sale deed within 6 (six) months from the date of execution of the agreement on receipt of the balance consideration after obtaining permission from the Bangladesh House Building Finance Corporation (HBFC) with whom the property was mortgaged but the defendant refused to perform......ismissed. The appeal is dismissed with the above mod­ification of the judgment, without however, any order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 130. ..

Category: Contract Law | Date: 20 Feb, 2013 | Hits: 42

Md. Sadek Ali Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)

....s the said representation and take a decision thereon. The Rule is thus disposed of with the above observations. Shamim Hasnain J. - I agree. Ed. This Case is also Reported in: ...... post of Senior Weaver (বড় তাঁতী)and secondly to that of Labour Sarder in 2009. He performed his duty honestly and diligently. Being a popular worker-leader, he was elected as Assistant Secretary of Crescent Jute Mills Workers’ Union for consecutive two terms in 2008-2010. Because of..

Category: Labour and Industrial Law | Date: 13 Jan, 2013 | Hits: 101

Mir Sharafat Ali Vs. Govemment of Bangladesh and others, 2013

....hin 2 (two) weeks time from the receipt of the copy this judgment. The office is directed to communicate the order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 201 ......; Ebrahim Vazir Vs. Bombay, AIR 1954 SC 229; Kent Vs. Dulles, (1958) 2 L Ed 1204; RA Williams Vs. Edgar Fears & Anr 45 LEd 186; Leonard B Boundin Vs. John Foster Dulles, 136; Herbert Aptheker Vs. Secretary of State, 12 L Ed 992. Lawyers Involved: AM Mahbub Uddin with Nazmul Huda, Advoc..

Category: Constitutional Law | Date: 10 Jan, 2013 | Hits: 2

Muzibul Haque (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....ble under Article 102 of the constitution in that the respondent No. 2, Bank is a private bank against which writ is not maintainable. He further submits that respondent No. 1, Secretary, Ministry of Finance Government of Bangladesh has been made a party in the instant petition as a cunning device o......tition is not maintainable under Article 102 of the constitution in that the respondent No. 2, Bank is a private bank against which writ is not maintainable. He further submits that respondent No. 1, Secretary, Ministry of Finance Government of Bangladesh has been made a party in the instant petitio..

Category: Banking Law | Date: 6 Dec, 2012 | Hits: 3

Amanullah (Md.) and other Vs. Abdul Aziz and others, 2012, 41 CLC (HCD)

....hment by a letter dated 23-3-2011 gave consent to declare 250 non-cadre posts of Upazilla family planning offi­cer as cadre posts (Annexure "V"). Pursuant to said letter dated 23-3-2011 Finance Division to the Ministry of Finance have also given their con­sent on 16-5-2011 to en-ca...... rank senior to BCS (Family Planning) officers recruited in 1999 and onwards. Director General of Directorate of Family Planning vide memo No.POPOO/ MOPO 2010/240 dated 22-2-2010 sent a letter to the Secretary, Ministry of Health and Family Plan­ning Welfare to encadre said 34 Assistant Director..

Category: Constitutional Law, Contempt of Court Law | Date: 5 Dec, 2012 | Hits: 4

Sadek Hossain (Md.) Vs. State and another, 2012, 41 CLC (HCD)

....posal of the case. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 278.     ......tted an application for allotment of the said plot, but before receiving the application, allotment letter was issued on 12-4-2000. The accused-petitioner being Administra­tive Officer and Member-Secretary of the Allot­ment Committee issued the allotment letter and executed lease agreement. ..

Category: Criminal Law | Date: 3 Dec, 2012 | Hits: 4

Nur Hossain alias Ladu Vs. State, 2012, 41 CLC (HCD)

.... Affairs, Government of Bangla­desh   and   Registrar, Supreme Court of Bangladesh at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 474.   ......ng his judicial work under undue pressure is not at all fit to continue in judicial work; rather his such conduct is unbecoming of a Judicial Officer. 14. However, in all fairness, we direct the Secretary Ministry of Law, Justice and Parliamentary   Affairs   and  ..

Category: Criminal Law | Date: 2 Dec, 2012 | Hits: 3

Government of Bangladesh and oth¬ers Vs. Dr. Md. Nazrul Islam Bhuiyan and others, 2012, 41 CLC (AD)

....he signature of the Senior Assistant Secretary to the Ministry of Health and Family Welfare. 15. Thereafter the Ministry of Health and Family Welfare forwarded the said letter to the Ministry of Finance for necessary approval of the newly created 47 posts as earlier sanctioned by the Ministry o...... appeal is dismissed. Cases Referred to- Customs Custom House, Chittagong Vs. A. Hannan, 42 DLR (AD) 167; Gujarat State Financial Corporation Vs. M/s Lotus Hotels Pvt. Ltd; AIR 1983 SC 848; Secretary, Ministry of Industries, Nationalised Industres Division Vs. Saleh Ahmed, 1981 BLD (AD) 91..

Category: Civil Law | Date: 28 Nov, 2012 | Hits: 4

Esrarul Huq Chowdhury Vs. Md. Amir Hossain, Advocate and another, 2012, 41 CLC (AD)

....justice is administered in accordance with law……………….(30) Cases Referred To- Bal Dev Sing Dhingra Vs. Madan Lal Gupta AIR 1999 SC 902; Ministry of Finance and others Vs. Mr. Md. Masdar Hossain and others, 2001 BLD (AD) 126; Kazi Abdul Khaleque Vs.......egal profession in the different courts of Noakhali District flouting the judgment and order of the Tribunal which will be evident from the letter under Reference No.53 dated 07.04.2004 issued by the Secretary, District Bar Association, Noakhali  informing the Additional District Magistrate, No..

Category: Others | Date: 28 Nov, 2012 | Hits: 23

Syeda Sajeda Chowdhury Vs. State, 2012, 41 CLC (HCD)

....ite. Since the said Writ Petition was withdrawn before the instant petition was filed, no legal complication arises. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ......………….......................Respondents Judgment November 28, 2012. Result: The Rule is made absolute. Cases Referred to- Bahauddin Nasim Vs. Secretary, Ministry of Home Affairs, Government of the Peoples Republic of Bangladesh, Bangladesh Se..

Category: Anti-Corruption Laws | Date: 28 Nov, 2012 | Hits: 77

Mohammad Ullah Ashraf Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....thout any order as to cost. The order of stay granted at the time of issuance of the Rule is vacated. Mohammad Bazlur Rahman J. I agree. Ed. This Case is also Reported in: ......ndidates, wherein the petitioner’s name was not included. In that event, he moved in this Court and obtained the Rule with an order of stay. 4. The Government of Bangladesh represented by the Secretary Ministry of Law, Justice and Parliamentary Affairs and added respondent 7, another aspirin..

Category: Civil Law | Date: 28 Nov, 2012 | Hits: 109

Fazlul Haque (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....lared to have been issued without lawful authority and to be of no legal effect. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 376. ...... an Assistant Teacher within the same School made a complaint to respondent No.1 in respect to some irregularities against the petitioners. Upon receipt of the said complaint, on 19-11-2009, a Deputy Secretary on behalf of respondent No.1 forwarded the same to the Director General of Compulsory Prim..

Category: Constitutional Law | Date: 22 Nov, 2012 | Hits: 5

Government of Bangladesh & others Vs. Md. Ghulam Mustafa and others, 2012, 41 CLC (AD)

.... the High Court Division calling for our interference. With the above observations and directions the petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 85. ......hildren of petitioner Nos.3, 4, 5, 6 and 10 of Writ Petition No.8556 of 2011 only, keeping in view of the exigencies of consequential relief.” 13. The High Court Division also directed the Secretary, Ministry of Cabinet Division to investi­gate into the matter by at least a 3  Me..

Category: Others | Date: 22 Nov, 2012 | Hits: 20

Shamsul Kabir Humayun Reza Vs. Anwarul Hasan and Others, 2012, 41 CLC (AD)

....; father constructed a building measuring 8,000 square feet in every floor (storey has not been men­tioned) on the suit plot by obtaining a plan from RAJUK and taking loan from the-House Building Finance Corporation by mortgaging the suit plot with it on 17-5-1967. Engineer Shamsul Kabir Humayun......ousing and Works for giving back possession of his house (the suit plot). On such application, a Sub-Committee was formed with Joynal Abedin Farooqui as its Convener and Chairman, RAJUK as its member Secretary and they were requested to take necessary steps in the matter. The Sub-Committee decided t..

Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37

Ali Haider Chowdhury Vs. State and another, 2012, 41 CLC (HCD)

.... law. Let a copy of this judgment be transmitted to the concerned Court below at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 116.       ...... or orders as to this Court may seem fit and proper. 2. Facts relevant to disposal of the Rule may be, briefly, stated as follows: 3. The accused-petitioner is a businessman who was elected Secretary-General of Bangladesh Association of International Recruiting Agencies (in short BAIRA) in..

Category: Anti-Corruption Laws, Procedural Law | Date: 8 Nov, 2012 | Hits: 7