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Shamsul Haque (Md.) Vs. Bangladesh,1995, 24 CLC (HCD)
.... want to address ourselves on merit of the case. In the result, the application is rejected in limine without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 62. ......risdiction to hear and determine an application filed by any person in the service of the Republic in respect of the terms and conditions of his service including pension rights, or in respect of any action taken in relation to him as a person in the service of Republic. The expression "action taken..Category: Administrative Law | Date: | Hits: 205
....opposite party No.3, the Superintendent, Dhaka Central Jail, Dhaka is directed to report compliance with the above order to this court.
Ed.
This case is also Reported in: 49 DLR (HD) (1997) 57.
......er of this court holding the entire period of detention of 120 days vide order of the Government dated 6-11-93 as illegal, the subsequent order of the Government dated 1-12-93 was clearly a mala fide action and a colourable exercise of power. He further submits that the grounds taken by the detainin..
Category: Criminal Law | Date: | Hits: 69
....ence by this Court.
In the result this Rule is discharged. But in the facts and circumstances of the case we pass no order as to cost.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 1.......llor has the power even to terminate the service of a teacher appointed on probation before the decision of the Syndicate. The Court cannot enquire into the existence of emergency or propriety of the action taken by the Vice-Chancellor. It was observed that in view of the provisions of section 16 of..
Category: Employment/Service Law | Date: | Hits: 158
A.M. Nurunnabi Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....in interfering with the judgment of the Administrative Tribunal. This petition merits no consideration which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 750. ......on LPR on 15th May, 1998 and he instituted the petition just four days prior to that date. The Administrative Appellate-Tribunal on consideration of the materials on record observed that the cause of action for filing the petition arose on 23rd December, 1997 when the petitioner's prayer for promoti..Category: Administrative Law | Date: | Hits: 194
Noni Gopal Das and others Vs. Dinesh Chandra Das and others, 2011, 40 CLC (AD)
.... order and as such, the same does not call for interference by this Court. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 739. ......on of the deed of gift described in schedule 'Kha' to the plaint. 4. Defendant Nos.1-4 contested the suit by filing written statement contending, inter alia, that the plaintiff has got no cause of action to file the suit; the suit was not maintainable in its present form. Defendant Nos.1-3 are th..Category: Property Law | Date: | Hits: 62
Bangladesh Technical Education Board Vs. Md. Anamul Haque and others, 2010, 39 CLC (AD)
.... of the Paper book is dispensed with as prayed for. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 725. ...... petitioners having acquired no right whatsoever, the writ petition is not maintainable. 4. The High Court Division by the impugned judgment and order made the rule absolute and declared the non-action of the writ-respondents in appointing the writ-petitioners against the posts advertised is ..Category: Employment/Service Law | Date: | Hits: 133
Rafiqul Hossain @ Ranaesh and another Vs. Lal Mohan Saha and others, 1991, 20 CLC (HCD)
....trial Court passed the order of the attachment of the property. 9. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 718. ...... this case." In the fight of the aforesaid observation I am of the opinion that where an order of temporary injunction is made in the negative form the violation of such order does not call for an action for disobedience under Order 39, rule 2(3) CPC. 8. Dr. Hossain further referred me to the ..Category: Criminal Law | Date: | Hits: 90
Kibria and Associates Ltd. Vs. Bangladesh Agricultural Development Corporation, 1992, 21 CLC (HCD)
....ters at rest arising out of the situation like the present one. In the result, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 712. ...... and Tk. 3,19,770.00 as business loss which was calculated at the rate of 15% as on July 1, 1984. The appellant further claimed Tk. 24,51,570.00 as interest on bank rate at the rate of 18% till satisfaction of the claim. The respondent also filed written statement before the Arbitrator and took vari..Category: Alternative Dispute Resolution | Date: | Hits: 156
....defendants under Order VII, rule 11 of the Code of Civil Procedure is allowed.
The plaint of title Suit No.12 of 2002 is hereby rejected.
Ed.
This Case is also Reported in: 57 DLR (2005) 34.
......ing show cause notice as to why Managing Committee of the school shall not be dissolved is very much there and more so issuance of a show cause notice under the said regulation does not give cause of action to file the suit and the plaint is liable to be rejected.
4. Mr. Md. Habibullah learned Ad..
Category: Employment/Service Law | Date: | Hits: 66
....ngla, District Bagerhat, now detained in Bagerhat district jail, be set at liberty forthwith, if not wanted in connection with any other case.
Ed.
This Case is also Reported in: 57 DLR (2005) 32.......rned Advocates.
7. In order to uphold an order of detention, this Court has to satisfy itself that the person need be detained in preventive detention curtailing his fundamental rights. Such satisfaction of the Court must be objective satisfaction i.e. judicial satisfaction, on scrutiny of materi..
Category: Criminal Law | Date: | Hits: 64
Wahiduzzaman (Md.) Vs. Government of Bangladesh & others, 2003, 32 CLC (HCD)
.... are liable to be discharged. In the result, the Rules are discharged without any order as to cost. The stay granted earlier is vacated. Ed. This Case is also Reported in: 57 DLR (2005) 26. ......o exercise this power. So, according to them, the Government may adopt a policy of pick and choose which will amount to violation of the fundamental right of equality. They have also argued that such action amounts to discrimination. 5. As regards the amended Rule 10, they have argued that as the..Category: Civil Law | Date: | Hits: 79
Emdadul Hoque Vs. State, 2004, 33 CLC (HCD)
....n. Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 21. ......amined by the prosecution while the learned trial Court recorded his findings against the doctor who held post‑mortem examination on the dead body of deceased and also suggested for taking criminal action against him, but it is a matter of regret that the arguments and reasonings so assigned by th..Category: Criminal Law | Date: | Hits: 76
Abdur Rahman Dhali and others Vs. State, 2004, 33 CLC (HCD)
....rt of Divisional Special Judge, Barisal at once directing to ensure the trial of the accused Mollah Kamruzzaman at the earliest opportunity. Ed. This Case is also Reported in: 57 DLR (2005) 17. ......dients of the offence of abetment punishable under section 109 of the Penal Code. Moreover, all of them are admittedly found to be victim who brought it to the notice of the authority to take a legal action against the accused Mollah Kamruzzaman who also after filing of this case has deposited such ..Category: Criminal Law | Date: | Hits: 85
....2002, 832 of 2003, 728 of 2003, 2014 of 2003 and 2562 of 2003, therefore, have no substance and are discharged without any order as to costs.
Ed.
This Case is also Reported in: 56 DLR (2004) 444.......gistrar and give him unlimited aerial jurisdiction to perform his functions in the absence of guideline of the legislature. The unfettered power allows the respondent Government to exercise arbitrary action and not in accordance with law and it is violative of the basic fundamental rights of the cit..
Category: Civil Law | Date: | Hits: 70
Abdus Salam (Md) Vs. University of Rajshahi & others, 2004, 33 CLC (HCD)
....erty to proceed against the petitioner in accordance with law. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 441. ......its 361st meeting held on 28‑8‑2000 and after due deliberation by its resolution No. 127 formed a 5(five) member enquiry committee under section 55(3) of the Rajshahi University Act, 1973 to take action against the petitioner in accordance with the law (Annexure G). In due course, the respondent..Category: Employment/Service Law | Date: | Hits: 60
Padma Oil Co. Ltd. Vs. Registrar of Trade Unions & another, 2003, 32 CLC (HCD)
....he prayer of the petitioner for cancellation of registration of respondent No.2 Trade Union (respondent No. B‑48) in accordance with law. Ed. This Case is also Reported in: 56 DLR (2004) 438. ......mained silent about the dismissed workers. We find that there were also dismissed workers who became members of the Executive Committee of the Trade Union and thus the Registrar had the scope to take action under section 10 of the IRO. 11. The dismissed and terminated workers filed cases before t..Category: Labour and Industrial Law | Date: | Hits: 158
Rajab Ali Zulfiqar Vs. State, 1993, 22 CLC (HCD)
....o surrender to his bail bond and serve out the remaining sentence at once. Let the, records of the, case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 705. ......d sanction from the Government and then submitted charge sheet against the accused appellant under section 409 of the Penal Code read with section 5(2) of Act 11 of 1947. Meanwhile, some departmental action was taken and the accused appellant was put under suspension. The accused appellant from the ..Category: Criminal Law | Date: | Hits: 92
Afzal Hossain Vs. Chief Election Commissioner and others, 1992, 21 CLC (HCD)
.... act for the same avowed purpose of free and fair election. We find no illegality in the order and hence the petition is rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 701. ......n paper 'Accepted' and he declared that openly on that day but in the evening at 5 O'clock on the application of another candidate he declared the nomination of Mohiuddin Sikdar to be invalid. The action of the Returning Officer is unworthy and illegal because he has modified his previous order o..Category: Election Law | Date: | Hits: 153
Air Marshal Jamaluddin Ahmed (Retd) Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....om the date of receipt of the copy of this judgment and order. In the result, the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 1. ......ainable." The learned Judge further held at page 21: "21..............we hold that the petitioner got no legal right to be enforced by this Court. In other words, the petitioner got no cause of action. Absence of causes of action in a particular case should not be confused with the absence of ..Category: Employment/Service Law | Date: | Hits: 148
Ziaul Hoque alias Bakul Vs. Md Sirajul Islam and others, 2002, 31 CLC (HCD)
.... election for the post of Chairman of No.15 North Ichapur Union Parishad immediately in accordance with law. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 424. ......ion 17 of the said Ordinance clearly bars the jurisdiction of Court to question the validity of the electoral rolls prepared under the Ordinance or the legality or the propriety of any proceedings or action taken thereunder by or under the authority of the commission or the Registration Officer and ..Category: Election Law | Date: | Hits: 156
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