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Abdur Rahman Vs. Md. Abdul Awal and others, 2009, 38 CLC (HCD)
....in Criminal Revision No. 13 of 2005 affirming those passed by the trial Court is hereby upheld. Send down the lower Courts records. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 80. ......at he was the owner in possession of the case land (as described in the petition of complaint). As the second party was trying to dispossess him from the case land there was apprehension of breach of peace. It was further stated the first party obtained loan from Public Bank Ltd, Tetibazar Branch, C..Category: Criminal Law | Date: | Hits: 122
Commissioner of Income Tax and others Vs. M/S. Allynagar Tea Co. Ltd. and other, 1977, 6 CLC (AD)
....ogously and are being disposed of by one judgment. 2. The assessee in each of the said income tax assessment cases is a Sterling Company having its registered office in United Kingdom in which public are substantially interested within the meaning of explanation 1 to sub-section (1) of sect......le Taxation between Pakistan and the United Kingdom. The result is that all these appeals are dismissed with no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 119...Category: Fiscal/Taxation Law | Date: | Hits: 143
Mosharraf Hossaian and another Vs. State, 1977, 6 CLC (AD)
....e Code of Criminal Procedure in the Court of a competent Magistrate who will proceed in accordance with law. Steps be taken accordingly. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 112.......e Code of Criminal Procedure in the Court of a competent Magistrate who will proceed in accordance with law. Steps be taken accordingly. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 112...Category: Criminal Law | Date: | Hits: 76
....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...... file concise statement within 6(six) weeks and 1(one) week thereafter the respondent shall file concise statement to make the appeal ready.
Ed.
This Case is also Reported in: 9 ADC (2012) 381...
Category: Employment/Service Law | Date: | Hits: 133
....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...... judgment and order dated 20.05.2010 passed by the High Court Division in Writ Petition No.6790 of 2005 be stayed till disposal of the appeal.
Ed.
This Case is also Reported in: 9 ADC (2012) 368...
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......ted earlier be extended till disposal of the appeal. This interim order shall not effect in any way retirement benefit of the respondent. Ed. This Case is also Reported in: 9 ADC (2012) 218...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......and other benefits to the employees including the respondent. In that view of the matter, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ..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......ed in any other case. Send down the Lower Court Records along with a copy of this judgment and order at once. Md. Afzal Hossain Ahmed J. - I agree. Ed. This Case is also Reported in: ..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......d. Impugned conviction and sentence as aforesaid are set aside. Appellant Abul Kashem @ Kasum @ Kashu is discharged from his bail bond. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 356...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...... 1 of the CPC. We find no merit in this application for review. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 352. ..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...... two thousand) only to the plaintiff-opposite- party. Stay granted by this Court at the time of issuance of the Rule stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 341...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.......92 issued by the respondent No. 1 under the signature of respondent No. 3 to be without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 29...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......is still in seisin of the matter. Consequently, the prayer for certificate is rejected. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 329; 30 BLD (HCD) (2010) 154. ..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......s to costs. Order of the Court. In accordance with the view of the majority, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 276...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......udgment of the High Court Division is set aside and the impugned order is set aside as having been passed without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 272...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......d order of the High Court Division are set aside and it is declared that the Notification dated 19-2-12 is without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 266...Category: Property Law | Date: | Hits: 79
Sukhamoya Dutta Gupta Vs. Abdul Gafur and others, 1979, 8 CLC (AD)
..... Accordingly the appeal is allowed. The order of the High Court under appeal is set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 262....... the Bangladesh Penal Code. 3. Facts relevant for disposal of this appeal are: The appellant lodged a written first information report alleging that while the appellant and his tenants were in peaceful occupation of the disputed house the accused respondents entered into the eastern room of..Category: Criminal Law | Date: | Hits: 94
.... 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......the dismissal order has been passed without any lawful authority and is of no legal effect. However, there will be no order as to costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 256...
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......ority. Since we have found that termination orders were passed without lawful authority, both the appeals are dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 305. ..Category: Employment/Service Law | Date: | Hits: 123
....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), ......ules which are accordingly, discharged, without, however, any order as to cost.
Let a copy of this judgment be communicated at once.
Ed.
This Case is also Reported in: 63 DLR (HD) (2011) 85.
..
Category: Property Law | Date: | Hits: 106
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