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Ehtesamur Rahman Vs. The State & Others, 2009, 38 CLC (HCD)

.... of the lowest grade competent to try it. The rule of procedure has got impera­tive force to comply with it which cannot be overlooked or avoided. The object of this rule is that the Court of the higher grade cannot be over-crowded with cases on the plea that the higher court has also concurrent......formation and necessary action. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 399.                 ..

Category: Procedural Law | Date: 19 May, 2009 | Hits: 1

Bangladesh National Women Lawyers Association (BNWLA) Vs. Bangladesh and Others, 2009, 38 CLC (HCD)

....ficult task in public interest. There is no order as to costs. Quamrul Islam Siddiqui J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 415, 14 BLC (HCD)(2009) 694. ......ficult task in public interest. There is no order as to costs. Quamrul Islam Siddiqui J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 415, 14 BLC (HCD)(2009) 694. ..

Category: Women and Children | Date: 14 May, 2009 | Hits: 330

Chairman, Nawabgonj Pourashava represented by its Chairman Vs. Ms. Moyna Parvin and others, 2009, 38 CLC (AD)

....igh Court Division does not suffer from any illegality and we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 275. ...... 5. Under 'পৌর সভার কর্মচারী চাকুরী বিধিমালা ১৯৯২ the petitioner was appointed as an Assistant Tax Collector at the salary scale of 1975-3920/- per month on 03.10.2004 and since then she has been discharging her duties succ..

Category: Others | Date: 13 Apr, 2009 | Hits: 125

Jaharlal Bandapadhya and others vs. Most. Begum Jahanara, 2009, 38 CLC (AD)

....e upon a family arrange­ment the entire suit property was owned by the defendant Nos.1-2 and that defen­dant No.1 was an eminent pleader of Barisal Bar and he sent plaintiffs brother to England for higher education and defendant No.2 was an employee of B.M. College and that they had never fallen i......ourt Division. In such view of the matter we find not substance in this appeal. The appeal is dis­missed without any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 155. ..

Category: Property Law | Date: 13 Apr, 2009 | Hits: 74

Abdul Latif Howlader and others Government of Bangladesh and others, 2009, 38 CLC (HCD)

....e being vacant posts of similar scale available. Let a copy of this judgment and order be transmitted at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 280.   ......ied. Subsequently, out of the remaining 17, apart from the seven petitioners and one other, who has become insane, the remaining displaced employees were transferred into vacant posts of the same pay scale under the revenue budget. The Bangladesh Forest Research Institute, Chittagong has all along r..

Category: Administrative Law, Employment/Service Law | Date: 21 Jan, 2009 | Hits: 1

Mosammat Kazi Shamsunnahar Vs. Md. Ramjan Molla and others, 2008, 37 CLC (HCD)

.... con­struction of large tin-sheet house, installation of the electricity with other materials and presently the value of the suit land, with the aforesaid establishment would be minimum ten=times higher then the original price of the suit land and if the paltry firm would be abol­ished then ......s discharged. The judgments and orders of the courts below are hereby affirmed. Send down the lower court records at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 391. ..

Category: Property Law | Date: 20 Nov, 2008 | Hits: 2

Professor Dr. A F M Ruhul Haq and Others Vs. Govt. of Bangladesh & Others, 2008, 37 CLC (HCD) [অধ্যাপক ড.এ, এফ, এম, রুহুল হক গং বনাম বাংলাদেশ গং, ২০০৯, ৩৭ সিএলসি (হাইকোর্ট ডিভিশন)]

....rovide for the constitution of a Medical and Dental Council, for regulating registration of medical practitioners and dentists and also for the purpose of establishing a uniform standard of basic and higher qualifications in medicine and dentistry.” সংশ্লিষ্ট আইন......রতিবেদন দাখিল করিবেন। বিচারপতি মোঃ আবু তারিক.-আমি একমত। Ed. This Case is also Reported in: ..

Category: Civil Law, Employment/Service Law | Date: 18 Nov, 2008 | Hits: 3

Abdul Hai (Md.) Vs. Bangladesh and others, 2008, 37 CLC (HCD)

....h Rifles (Special Provisions) Ordinance 1976 they used to use Form-E and prior to filling up the Form- E a specific confidential report procured from direct superior authority in order to satisfy the higher authority as to the requirement of exercise of power under section 8 of the said Act. Annexur......y his all retirement benefits as he is entitled under the law prevailing up to date. However, there shall be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 485. ..

Category: Employment/Service Law | Date: 18 Nov, 2008 | Hits: 33

Professor Dr. A.F.M. Ruhul Hoque and others Vs. Bangladesh and others, 2008, 37 CLC (HCD)

....rovide for the constitution of a Medical and Dental Council, for regulating registration of medical practitioners and dentists and also for the purpose of establishing a uniform standard of basic and higher qualifications in medicine and dentistry.” ১৯. উপরে বর্ণিত প......্কে তাহাদের প্রতিবেদন দাখিল করিবেন। বিচারপতি মোঃ আবু তারিক.- আমি একমত। ..

Category: Constitutional Law | Date: 18 Nov, 2008 | Hits: 167

Khabiruddin Ahmed Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)

....educational qualification for promotion of an Assistant Director to the post of Deputy Director lies, inasmuch as according to Rule 21(b) merit-rum-seniority is the sole criteria for promotion to the higher post Subsequently, the authority by their Board meeting dated 16-11-2002 incumbent the 4 cadr......Promotion in certain cadres.— (1) Posts in the cadre of Chief Engineers, Additional Chief Engineers and Superintending Engineers and Directors, Additional Directors and posts with equivalent pay scales and such other posts as may be specifically notified as such by the Board, from time to time,..

Category: Employment/Service Law | Date: 9 Nov, 2008 | Hits: 117

Bangladesh Jatiyo Mahila Ainjibi Samity (BJMAS) Vs. Ministry of Home Affairs and Others, 2008, 37 CLC (HCD)

....ling Index is less than 1.0, it is unlikely that the individuals are biological siblings. A Siblings Index of 1.0 or greater increases the likelihood that two individuals are biological siblings. The higher the value of the index, the more likely the individuals share the same parents.   Sib......or DNA test. The Nari-O-Shishu Nirjatan Case pending in the Court below shall proceed as usual.  Farid Ahmed J.- I agree.  This Case is also Reported in: 61 DLR (HCD) (2009) 371. ..

Category: Women and Children | Date: 14 Aug, 2008 | Hits: 201

Idrisur Rahman (Md) Vs. Bangladesh, 2008, 37 CLC (HCD)

....ourt. Their inclusion in the Commission is not only violative of the elementary principle and fairness but also is contrary to the established principle that the members of a selection body should be higher in rank and status than the persons to be selected and hence, such composition is void. ......e involves substantial questions of law as to the interpretation of the Constitution, which may be decided by the Appellate Division. Ed. This Case is also Reported in: 60 DLR (2008) 714. ..

Category: Constitutional Law | Date: 7 Aug, 2008 | Hits: 236

Mohammad Nasim Vs. State and another, 2008, 37 CLC (HCD)

....alysis did not im­prove despite all available physiotherapy and rehabilitation means available here, rather he has developed features of muscles wasting of the paralyzed limbs and the features of higher cortical psychotic dysfunction and lower uri­nary tract symptoms which is probably stroke s......od of 4(four) months to the sat­isfaction of the learned Chief Metropolitan Magistrate, Dhaka. Communicate the order. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 483. ..

Category: Criminal Law | Date: 6 Aug, 2008 | Hits: 4

Nadia Khalil Vs. Rudess Karim, 2008, 37 CLC (HCD)

....rticular decisive decision respecting the custody of the minor child has the effect of deciding the point as to where the welfare of the minor child lies. This decision, since com­ing out from the higher forum of the subordi­nate judicial hierarchy on the self same ques­tion, which awaiting ad...... However, there shall be no order as to costs. Let a copy of the judgment be sent down to the courts below at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 599.  ..

Category: Family Law | Date: 17 Jun, 2008 | Hits: 19

AKM Nazimuddin Vs. Md. Delwar Hossain and others, 2008, 37 CLC (HCD)

....ompensation having not been deposited, the pre-emption case was barred by the doc­trine of partial pre-emption and further con­tended that the valuation of the land sought to be preempted was higher than that of the land which was left out from seeking pre-emption. The pre-emptee No.1 furthe......ned Senior Assistant Judge, Sadar Court, Noakhali, in hereby affirmed. Send down the lower Court's record immediately. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 868. ..

Category: Property Law | Date: 11 Jun, 2008 | Hits: 12

Mannan alias Mannan Khan (Md.) Vs. State, 2008, 37 CLC (HCD)

.... list as Exhibit 3 and their signatures as Exhibits 3/1, 3/2 respectively. 15. In cross-examination, they stated that they had no knowledge whether the accused Mannan sold diesel/kerosene at the higher price. 16. P.W.4 Shahinuzzaman is the Head­master of Ramnagar High School, a local w......f the petitioner. Send down the records of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 863. ..

Category: Criminal Law | Date: 4 Jun, 2008 | Hits: 2

Md. Mannan Alias Mannan Khan Vs. State, 2008, 37 CLC (HCD)

....zure list as exht.3 and their signatures as exhts.3/1, 3/2 respectively. 15. In cross examination they stated that they had no knowledge whether the accused Mannan sold diesel/kerosene at the higher price. 16. P.W.4 Shahinuzzaman is the Head­master of Ramnagar High School, a local wit......e petitioner. Send down the records, of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 664. ..

Category: Criminal Law | Date: 4 Jun, 2008 | Hits: 3

Abul Kashem-al-Asad Vs. Abdul Muhib and others, 2008, 37 CLC (HCD)

....ts order dated 20-12-1988 rejected the prayer. Against the said rejection of their prayer for saham as well as the final decree respectively the plaintiffs did neither file any appeal nor moved the higher court, therefore, the instant Suit filed by them in respect of the self-same Suit property ......rt of Joint District Judge Second Court, Sylhet is rejected. No order as to costs. Communicate the order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 502. ..

Category: Procedural Law | Date: 28 May, 2008 | Hits: 5

Chairman, Bangladesh Water Development Board Vs. Md. Abdur Rahman, 2008, 37 CLC (HCD)

....he Courts below stand maintained. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 42. ...... and submits that the plaintiff as Regulator Khalashi joined service on 15-12-1961 and thereafter his service book was opened by the authority as an employee and his pay was fixed as per national pay scale introduced by the Government and he got increment and time-scale from time to time. He also su..

Category: Employment/Service Law | Date: 24 Apr, 2008 | Hits: 50

Farid Miah (Md.) Vs. State, 2008, 37 CLC (HCD)

....f is embodied under section 101 of the Evidence Act, in which it is stated that the prosecution is bound to prove the case beyond all reasonable doubt. In a criminal case the courts require even a higher decree of proof and all material evidence, particularly those in favour of the accused, shou......t Md. Farid Miah be set at liberty forthwith if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 903. ..

Category: Criminal Law | Date: 14 Feb, 2008 | Hits: 5