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Anti-Corruption Commission Vs. Dr. Muhiuddin Khan Alamgir and others, 2010, 39 CLC (AD)

...., on the basis of the depositions of the PWD officials and Ext. 16, held that he concealed the excess cost for construction of the said house. But the High Court Division did not consider them either independent or expert witnesses, rather, found their valuation unreliable. The High Court Division, ......dy been acquitted on merit of the case as is in this case. With these observations, this petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 290, VIII ADC (2011) 78. ..

Category: Anti-Corruption Laws | Date: | Hits: 231

Dr. Mohiuddin Farooque Vs. Bangladesh and others, 2001, 30 CLC (HCD)

....On behalf of the respondents, Mr. Md. Zahurul Islam, Assistant Attorney General, files an affidavit in opposition. 16. After a historic war of liberation, the people of Bangladesh, established an independent and sovereign country of their own and through their Constituent Assembly gave themselve......ion in Bangladesh and although slowly but they took the initiative to enact the Environment Pollution Control Ordinance, 1977. This Ordinance envisages an Environment Pollution Control Board and also appointment of a Director who shall be the executive head of the implementation cell created for the..

Category: Environmental Law | Date: | Hits: 345

SN Goswami, Advocate and another Vs. Government of the People's Republic of Bangladesh and others, 2001, 30 CLC (HCD)

....nderstood but cannot be precisely defined. Dr Hamid then submits that the independence of the judiciary is a basic structure of the Constitution. The purpose of Article 94(4) is that a judge shall be independent all through his service as a judge. Supersession is an exception and repeated supersessi......h Human Rights Commission. They have filed this petition under Article 102(2)(a)(ii) of the Constitution of the People's Republic of Bangladesh (hereinafter called 'the Constitution") challenging the appointment of Mr. Justice Md. Gholam Rabbani and Mr. Justice Md. Ruhul Amin as Judges of the Appell..

Category: Constitutional Law | Date: | Hits: 126

Korban Ali Khan (Md) and Others Vs. Asalat Khan and others, 2000, 29 CLC (HCD)

.... by one kabala. There is no presumption of jointness in the Muslim Law. The presumption under the Muslim Law is that the Muslim families are separate. The purchase made by the mother and the Sons are independent purchases and accordingly the purchases made by the pre-emptee Nos.1-4, who are stranger......in Miscellaneous Case No. 11 of 1988 passed by this Court at the time of issuance of the Rule stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 53 DLR (2001) 176. ..

Category: Property Law | Date: | Hits: 31

Mainul Hosein & others Vs. Sheikh Hasina Wazed, 2000, 29 CLC (HCD)

.... Cognizance, and Jurisdiction 31. This Division may suo moto or on the information received takes cognizance of an offence of contempt. The jurisdiction is sui generis and has developed an independent corpus of rules which originated in the Common Law of England consists of a special set ...... dispose of all the motions in the line with the desire of Mr. ATM Afzal, CJ as was ordered in the concluding paragraph of his opinion. Ed. This Case is also Reported in: 53 DLR (2001) 138. ..

Category: Criminal Law | Date: | Hits: 49

Yasin Mollah and another Vs. State, 2000, 29 CLC (HCD)

....hereon and the reasons for the decision. This necessarily implies that the appellate Court while disposing a criminal appeal must consider at least the material evidence of the Case and arrive at his independent conclusions on all material points at issue. Mere saying that it concurred with the find......spose of the appeal within 2 (two) months from the receipt of the case recorded by him. Send down the lower Court's records immediately. Ed. This Case is also Reported in: 53 DLR (2001) 99. ..

Category: Criminal Law | Date: | Hits: 60

Nafisa Choudhury Vs. United Food Complex Ltd. and another, 2000, 29 CLC (HCD)

..... 1 company to take appropriation and necessary action to conduct the company’s affairs in a manner prescribed in the articles of association and the Companies Act, 1994. (iii) To appoint an independent auditor furnish an audit report of the company for the year 1997, 1998 and 1999; and ...... that the respondent No. 2 declared that he shall continue to act as Managing Director till the legal formalities have been completed. The petitioner claims that BSRS gave unqualified approval to the appointment of respondent No. 3 as Managing Director. Then the respondent No. 3 called a general mee..

Category: Business or Commercial Law | Date: | Hits: 198

Abul Hashem Vs. International Oil Mills Limited, 2009, 38 CLC (AD)

....due lease money and by paying the lease money up to 1994 the respondent No.1 escaped the eviction order passed against it in a criminal proceeding. The respondent No.1 being a juristic person has its independent identity and liable for its own act, deeds, things and declaration. Therefore, the promi......es on premium to be paid and on other related matters. Civil Miscellaneous Petition is also disposed of in terms of this judgment. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 117. ..

Category: Property Law | Date: | Hits: 33

Government Bangladesh and others Vs. ATM Mostafa Rashed and other, 2009, 38 CLC (AD)

....e, we find no sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 411. ......g the aforesaid order Filed the said writ peti­tion before the High Court Division. 3. Mr. Md. Zahirul Islam, learned Advocate-on-Record, appearing for the petitioner submitted that regarding appointment of the respondents by an illegal Managing Committee was questioned and to find out the f..

Category: Civil Law | Date: | Hits: 84

Saudi Arabian Airlines Corporation Vs. M/S. Saudi Bangladesh Services Company Limited, 2010, 39 CLC (AD)

....ng to interfere with the judg­ment of the High Court Division in setting aside the award. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 361. ......said arbitra­tion tribunal was initially constituted with late B.B. Roy Chowdhury, J, Sultan Hossain Khan, J and Mr. Amir-Ul Islam, Barrister-at-Law. With the death of B. B. Roy Chowdhury, J and the appointment of Sultan Hossain Khan, J as Chairman, Anti Corruption Commission, the tribunal was re-c..

Category: Alternative Dispute Resolution | Date: | Hits: 207

Khondker Delwar Hossain Vs. Speaker, Bangladesh Jatiyo Shangshad (Parliament), 1998, 27 CLC (HCD)

....hat was the intention of the framers of the consti­tution in providing a forum in the Elec­tion Commission, as contemplated under Article 66(4) of the constitution. What they were looking for is an independent body, not directly involved with the day to day affairs of Parliament, to investi­gate ......ion or casting vote against the party decision, the question of referring the alleged dis­pute to the Election Commission under Article 66(4) does not arise. 21. He has further contended that the appointment of the two B.N.P. members as ministers does not amount to their resignation from the B.N..

Category: Constitutional Law | Date: | Hits: 171

Md. Shafiqul Islam Talukder Vs. People’s Republic of Bangladesh, 2009, 38 CLC (AD)

.... ......s clearly stated that after completion of the project step could be taken to absorb the project in the revenue  budget on the basis of the project proforma on 17.11.1999 a circular was published for appointment in the deferent post of the project. In the advertisement, it was mentioned that after s..

Category: Employment/Service Law | Date: | Hits: 106

Secretary, Parliament Secre­tariat, Dhaka Vs. Khandker Delwar Hossain and others, 1999, 27 CLC (AD)

.... determined, he shall be deemed to have voted against that party under clause (1) and shall vacate his seat in the Parliament. (3) If a person, after being elected a member of Parliament as an independent candidate, joins any political party, he shall, for the purpose of this article, be deem......their seats pursuant to Article 70 of the Constitution to the Election Commission within 7 (seven) days from receipt of this order. Ed. This Case is also Reported in: 19 BLD (AD)(1999) 276. ..

Category: Constitutional Law | Date: | Hits: 138

Government of Bangladesh Vs. Allama Delawar Hossain Sayedee and others, 2009, 38 CLC (AD)

....ision which does not require any interference by this Division. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 310, 16 MLR (AD) (2011) 409. ......pon­dent No.1 accepted the same or 05.07.2009 by telephone. 4. Since the respondent No.1 was scheduled to go to the Kingdom of Saudi Arabia in July 2009 as such the respondent No.1 also sought an appointment with a thoracic surgeon, Mr. Simon Jordan of the Royal Brompton Hospital in London in Au..

Category: Others | Date: | Hits: 115

State Vs. Azizul Haque, 2008, 37 CLC (AD)

....nal statement holding it to be true and voluntarily, the High Court Division maintained the sentence of death. However the court acquitted other accused persons in absence of any corroboration by any independent evidence. Since there was no evidence direct or circumstantial apart from the confession......failure of justice in acquitting Azizul Haque and others. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 267. ..

Category: Others | Date: | Hits: 63

Md. Enam Hossain Vs. Kayesh Miah and others, 2009, 38 CLC (AD)

....ted to prepare the paper book out of Court in accordance with Rules. The petitioner is permitted to add addi­tional grounds. Ed. This Case is also Reported in: VII (ADC) (2010) 184. ...... the decision and therefore is liable to be set aside. 10. He lastly submits that the substantive allegation brought against the petitioner having been found not correct on investiga­tion the appointment of respondent No.1 as joint mutwalli is illegal and not tenable in law and is liable to ..

Category: Trust/Waqf Law | Date: | Hits: 200

Bangladesh Water Development and others Vs. Chairman, Divisional Labour Court, Khulna and another, 2009, 38 CLC (AD)

....it Petition No. 6150 of 1997 by the High Court Division is set aside and the Complaint Case No. 25 of 1995 is dismissed. Ed. This Case is also Reported in: VI ADC (2010) 83, 7 LG (AD) (2010) 201.......nce with law, when he already completed duration of his service and he was paid all the service benefits after legal and proper calculation of the same, for his period of service from the date of his appointment upto the date of his retire­ment. According to the petitioner the labour court by its j..

Category: Labour and Industrial Law | Date: | Hits: 110

Shamsun Nahar Vs. Khairunnessa Sadiq and others, 2009, 38 CLC (AD)

.... who till the last day of his life rarely failed to perform his five times daily prayers and also Tahazzud as well as other religious duties. He was a man of great integrity and character and of very independent spirit. During his long life not only brought up his children nicely, giving them good e......owed.  The judgment of the High Court Division is set aside and those of the appellate court are restored without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 72. ..

Category: Property Law | Date: | Hits: 33

National Board of Revenue Vs. Intertek Testing Services International Ltd. and another, 2005, 34 CLC (AD)

.... "জরিপ সংস্থা" has also not been defined by the SRO dated 8.6.2000 and that had the legislature intend to levy VAT on the serv­ice of the PSI Agency then there would have been an independent entry in the Schedule of the VAT Act in respect of PSI Agency, that paragraph 7(ঘ) of ...... Act of 16 of 1999 upon repealing section 25A which was inserted by the Finance Act 11 of 1994) as well as in the light of the provisions of the Pre-shipment Inspection Order, 1999 invited tender for appointment of PSI Agency for the purpose of "verification and certifica­tion of the quality, quant..

Category: Fiscal/Taxation Law | Date: | Hits: 95

University of Dhaka and others Vs. Md. Jalal Uddin Chowdhury and others, 2009, 38 CLC (AD)

.... for the appellants. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 222, VIII ADC (2011) 288, 16 MLR (AD) (2011) 129.......ellants Vs. Md. Jalal Uddin Chowdhury and others………………Respondents Judgment March 17, 2009. The Dhaka University Order, 1973 (President's Order 11 of 1973), Article 52 An appointment made by a legally constituted committee under Dhaka University Order, 1973, can be revie..

Category: Employment/Service Law | Date: | Hits: 68