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Government of Bangladesh and others Vs. Md. Salim Reza, 2003, 22 CLC (AD)
.... Family Planning, Government of Bangladesh the appellant nos.1 to 6 decided to recruit man power of the upgrade hospital for opening the Hospital and accordingly created 142 gazetted and non-gazetted post for running the hospital. That the order was issued for appointment under order of appellant no......d for appointment under order of appellant no.3 with the approval of the Government. That the respondent also alleged in the writ petition that the Government constituted appointment committee with 6 members. He also alleges that the Civil Surgeon, Jessore, being authorised advertised for appointmen......lam Vs. Bangladesh, 33 DLR (AD) 201 P.L. Dhingra, AIR 1958 S.C. 36; Moti Ram, AIR 1964 S.C. 60; Kumari Shrilekha Vidyarthi Vs. State of UP and others, AIR 1991 Supreme Court 537 Liberty Oil Mills Vs. Union of India (1984) 3 SCC 465; (AIR 1984 SC 1271) M/s. Dwarkadas Marfatia and Sons (AIR 1989 SC 16......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)
....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: ......no way can be cured by the official witnesses (Police Personnel) who are none but interested witnesses.” 15. Another doubtful feature of the instant case is that all the police witnesses are the member of raiding party, not only that informant also the member of reading party who became the inv......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: ......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
Md. Masuk Miah and others Vs. Md. Foyzur Rahman and others, 2012, 41 CLC (AD)
....fendant No.1, who was a well-wisher, to construct the said wall and accordingly, defendant No.1 completed construction of boundary wall. The plaintiff No.1, who was in the service of PDB had been posted outside of Sylhet, returned on 25.03.1992 and found that the boundary wall did not properly...... prepare the paper books out of Court in accordance with Rule. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 242....... prepare the paper books out of Court in accordance with Rule. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 242....... prepare the paper books out of Court in accordance with Rule. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 242...Category: Property Law | Date: | Hits: 87
Shaheen Mahmood Alam (Md.) Vs. Ziaur Rahman & others, 1997, 26 CLC (HCD)
.... contrary to the provision of section 7(2)(Chha) of the Ordinance. Accordingly, we hold that the respondent No.1 stood disqualified at the time of filing nomination, paper for seeking election to the post of Chairman of the Local Union Parishad. No other ground taken in this petition was pressed by ......on Parishad. No other ground taken in this petition was pressed by Mr. Sircar. In the result, the Rule is made absolute. No costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 346. ...... No.7179 of 1997. Judgment AM Mahmudur Rahman J.- The petitioner impugnes the order of acceptance of nomination paper of the respondent No.1 seeking election as a Chairman of the local Kulkandi Union Parishad PS Islampur, District-Jamalpur. He submitted the nomination paper on 4-11-97. 2. O......79 of 1997. Judgment AM Mahmudur Rahman J.- The petitioner impugnes the order of acceptance of nomination paper of the respondent No.1 seeking election as a Chairman of the local Kulkandi Union Parishad PS Islampur, District-Jamalpur. He submitted the nomination paper on 4-11-97. 2. On the ..Category: Election Law | Date: | Hits: 153
Mokthar Masum Abedin and others Vs. Nironjan Kumar Mondol and others, 1997, 26 CLC (HCD)
.... 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.......ing in view of the fact and circumstances of each and every case. Judicial discretion means a discretion which is informed by tradition, methodised by analogy and disciplined by system. It is to be remembered that for effectual and complete adjudication and settlement of all the questions involved i...... 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....... 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)
.....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.......upreme Court and the Pakistan Supreme Court, the Court was pleased to hold that while exercising the power of refusing to grant or impounding or canceling a passport, the authority would do well to remember that it is a basic human right recognised in Article 13 of the Universal Declaration of Human...... any lawful authority and to be of no legal effect. 2. The case of the petitioner is, that he is a former Cabinet Minister and also a former General Secretary of Dhaka University Central Students' Union. His wife is a Government servant under the BCS Cadre and was Lecturer in English in the Eden .......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
Santosh Kumar Paul Vs. Nuruddin Ansari, 1993, 22 CLC (HCD)
....ate Court is set aside and that of the trial Court is upheld in part with the above term. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 70.......save his life, as the non‑Bangalees (Beharis) used to kill people at that time. Further case of the plaintiff was that due to the threat of defendant No. 1, the plaintiff‑appellant along with the members of his family roamed over different places and after the liberation of Bangladesh, he took s......ate Court is set aside and that of the trial Court is upheld in part with the above term. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 70.......ate Court is set aside and that of the trial Court is upheld in part with the above term. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 70...Category: Procedural Law | Date: | Hits: 129
Lt. Cdr (Retd) AHM Mahmud Vs. Masud Ahmed, 2010, 39 CLC (HCD)
....e the Appellate Division, where by judgment dated 20-8-2007 the Civil Petition for Leave to Appeal was dismissed. The petitioner had prayed for a direction upon his employers to allow him to join his post. After the Rule was made absolute by the High Court Division and also subsequent to the dismi......ed for. He further submits that the petitioner's Contempt Petition is bad for defect of parties since the decision taken was not taken by the contemnors, but by the Board of Trustees and no other members of the Board of Trustees has been made a party in the Contempt Petition. 17. With regard ...... the petitioner within 3(three) months from receipt of a copy of this judgment. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 149. ...... the petitioner within 3(three) months from receipt of a copy of this judgment. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 149. ..Category: Employment/Service Law | Date: | Hits: 156
Ataur Rahman (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
.... of no legal effect and why the respondents should not be directed to 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......honour of the Judiciary. He is aware of his duty as a citizen in consonance with Article 21 of the Constitution to ensure the observance of the Constitution and the laws of Bangladesh. As a conscious member of the society and the Secretary-General of the Bangladesh Judicial Service Association, the ......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. ...... SC 1466; (Blackburn Vs. Attorney-General, [1971] 2 All ER 1380); SP Gupta Vs. President of India, AIR 1982 SC 149; Benazir Bhutto Vs. Federation of Pakistan, PLD 1988 SC 416; Bangladesh Sangbadpatra Parishad Vs. Bangladesh, 43 DLR (AD) 126; Bangladesh Retired Government Employees' Welfare Associati..Category: Constitutional Law | Date: | Hits: 270
Bazlur Rahman (Md.) Vs. Government of the People's Republic of Bangladesh, 2009, 38 CLC (HCD)
....from the date of receipt of the Judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 360; 18 BLT (HCD) (2010) 279. ......allowances violating the provisions of law. 9. The respondent No.2 also filed a supplementary affidavit on 8-7-2009 quoting the 'Regulation' (circular) 2002. This Regulation indicates that 6 members committee headed by Brigadier General Ali Akbar had been formed for making recommendation fo......from the date of receipt of the Judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 360; 18 BLT (HCD) (2010) 279. ......dividually they shall not be able to compel the respondents to pay their honorarium, then they formed an Association in the name of "Bangladesh Juddahato Muktijoddha Rashtrio Sommani Bhata Bastobayon Parishad" and the president of the Association made several representations before the respondent No..Category: Others | Date: | Hits: 149
Abul Basher Chowdhury Vs. Habibur Rahman Mia and others, 1978, 7 CLC (AD)
....on the basis of which the result of the election has been declared was properly made. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 297.......on the basis of which the result of the election has been declared was properly made. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 297.......uthority and of no legal effect. 2. By the impugned order the election of the appellant was declared void and the Respondent No.1 has been declared as duly elected chairman of No.4 Subidpur (West) Union Parishad. The appellant made out a case that the tribunal erred in not shifting the date of he......ty and of no legal effect. 2. By the impugned order the election of the appellant was declared void and the Respondent No.1 has been declared as duly elected chairman of No.4 Subidpur (West) Union Parishad. The appellant made out a case that the tribunal erred in not shifting the date of hearing ..Category: Election Law | Date: | Hits: 159
American Life Insurance Company Vs. Dacca Poura Shaba and others, 1978, 7 CLC (AD)
....e two taxes together shall not exceed 17% of the annual valuation. In section 3(42) of the Municipal Administration Ordinance, 1960, tax has been defined as to include any tax, rate, fee or other impost leviable under the Ordinance. In view of this, the argument of the Municipal lawyer that the Mu......ce is a body Corporate, having perpetual succession and a common seal under section 8(2) of the Ordinance. Under section 9 a Municipal Committee is constituted by elected and official and appointed members as a Controlling Authority may fix. The Controlling Authority under the Ordinance has vari......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.......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
State Vs. Monsur Alam alias Mon Miah and others, 2012, 41 CLC (AD)
.... and middle finger of the left hand were cut. People gathered from the Bazar and the accused left towards the east. The dead body of the victim Awal was taken to the Brahmanbaria Sadar Hospital where post mortem was done and Badal was admitted to Brahmanbaria Sadar Hospital for treatment. The inform...... prepare the paper book out of Court in accordance with Rules. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 268. ...... prepare the paper book out of Court in accordance with Rules. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 268. ...... prepare the paper book out of Court in accordance with Rules. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 268. ..Category: Criminal Law | Date: | Hits: 122
Abeda Chowdhury Vs. State and another, 2009, 38 CLC (HCD)
.... that he did not receive the notice. The case of the opposite party No.2 is that the legal notice under section 138 (1) (b) of the Negotiable Instruments act was issued on 2-6-2005 through registered post with AD; that it is presumed as per the provision of law that the said notice has been duly ser......Advocate for the petitioner is permitted to take back the certified copies of the annexure by replacing the photocopies of the same. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 118. ......Advocate for the petitioner is permitted to take back the certified copies of the annexure by replacing the photocopies of the same. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 118. ......Advocate for the petitioner is permitted to take back the certified copies of the annexure by replacing the photocopies of the same. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 118. ..Category: Criminal Law | Date: | Hits: 113
Rowshena Jahan Vs. State and another, 2010, 39 CLC (HCD)
....riminal proceeding, which may be summerised below:— (1) Where institution and continuation of a criminal proceeding amounts to an abuse of the process of the Court; (2) Where facts are so preposterous that even if those are admitted, no criminal case stands; (3) Where there is legal bar ......rned Court shall proceed with the case in accordance with law. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 90. ......rned Court shall proceed with the case in accordance with law. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 90. ......rned Court shall proceed with the case in accordance with law. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 90. ..Category: Criminal Law | Date: | Hits: 100
....2 of 1974.
2. The appellant 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 31.1.7......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.......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.......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
Nasiruddin Sarkar Vs. Member, Appellate Tribunal & others, 1979, 8 CLC (HCD)
....gment and order of the High Court Division are set aside. The order of conviction and sentence passed against the appellant are quashed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 310.......gment and order of the High Court Division are set aside. The order of conviction and sentence passed against the appellant are quashed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 310.......gment and order of the High Court Division are set aside. The order of conviction and sentence passed against the appellant are quashed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 310.......gment and order of the High Court Division are set aside. The order of conviction and sentence passed against the appellant are quashed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 310...Category: Criminal Law | Date: | Hits: 91
New India Tea Company Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
....al is accordingly allowed in part, the order of the High Court set aside, and the Writ Petition dismissed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 303.......al is accordingly allowed in part, the order of the High Court set aside, and the Writ Petition dismissed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 303....... the Tea Estate, in his personal capacity and not as manager of the Tea Estate. Further, in 1950 Hiralal Mukherjee relinquished all his claims to the land in favour of a different person namely, M/s. Union Agency Ltd. under a registered deed of relinquishment. A mutation case, being case No.2/1 of 1......al is accordingly allowed in part, the order of the High Court set aside, and the Writ Petition dismissed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 303...Category: Property Law | Date: | Hits: 87
....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.
......5 of 2006 the writ petitioners, being tenants under the Waqf Administrator of Property of the Ainuddin Haider and Faizunnessa Waqf Estate, challenged the action of RAJUK, respondent No.1 evicting the members of the petitioner’s association from the schedule land. Subsequently, by an application ......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.
......irman, Rajdhani Unnayan Kartripakha (RAJUK) and others............Respondents
Judgment
September 8, 2010.
Result:
The rules are discharge.
Cases Referred to-
Bangladesh Sangbadpatra Parishad (BSP) Vs. Bangladesh, 43 DLR (AD) 126; Bangladesh Vs. Nawab Abdul Malik Jute Mills Ltd., 60..
Category: Property Law | Date: | Hits: 106
Kartick Chandra Mandal & others Vs. State, 2010, 39 CLC (HCD)
....e bail in terms of their respective bail granting order. The Adalat is directed to proceed as per law. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 190. ......f Nirmal Chandra Mondal, of village Gajalia, Dumuria, Khulna, the present Chairman, took chanda Tk. 33,000/-(subscription obtained by force) from the informant; that earlier the accused was an active member of Mrinal Bahini and he got himself elected as Union Parishad Chairman by adopting forceful m......Khulna, the present Chairman, took chanda Tk. 33,000/-(subscription obtained by force) from the informant; that earlier the accused was an active member of Mrinal Bahini and he got himself elected as Union Parishad Chairman by adopting forceful means; that the people of the locality were afraid of h......, the present Chairman, took chanda Tk. 33,000/-(subscription obtained by force) from the informant; that earlier the accused was an active member of Mrinal Bahini and he got himself elected as Union Parishad Chairman by adopting forceful means; that the people of the locality were afraid of him and..Category: Criminal Law | Date: | Hits: 143
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