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Bangladesh Vs. Goutam Kumar Saha and others, 2009, 38 CLC (AD)
....ll their attainment of the age of superannuation contending, inter alia, that they were appointed in the Police service and because their sincere and honest service rendered they were promoted to the post of Sub-Inspector and both of them passed the required the service-examinations and were qualifi......e. Thus we do not find any substances in the application. Accordingly both the petitions are dismissed without any order as to costs. Ed. This Case is also Reported in: 19 BLT (AD) (2011)169.......e. Thus we do not find any substances in the application. Accordingly both the petitions are dismissed without any order as to costs. Ed. This Case is also Reported in: 19 BLT (AD) (2011)169.......e. Thus we do not find any substances in the application. Accordingly both the petitions are dismissed without any order as to costs. Ed. This Case is also Reported in: 19 BLT (AD) (2011)169...Category: Employment/Service Law | Date: | Hits: 47
Taslimuddin alias Tasir and others Vs. State, 1991, 20 CLC (HCD)
....that the dead body of his father was lying on the southern bank of river Karotoya. The Sub‑Inspector of Police of Pirgonj Police Station came, prepared the inquest report and sent the dead body for post‑mortem examination. Consequently UD Case No.26 dated 2.12.86 was registered. There was litiga......ross‑examination he admitted that he did not state before the Investigation Officer that on the date of occurrence Naushad, fasiruddin, Fazlu were seen by him passing through the road. He did not remember whether he stated before the 10 that on the date of occurrence at 3‑00 PM Majid saw Nawshad...... there was litigation between his father and Reazuddin, his son Nawshad, Fazlur Rahman,Tasir and Aftabuddin. His father filed a case in the police station against Reazuddin. It was transferred to the Union Parishad and in that case Reazuddin was ordered to pay a fine of Tk. 2,000.00 and Taslimuddin ...... was litigation between his father and Reazuddin, his son Nawshad, Fazlur Rahman,Tasir and Aftabuddin. His father filed a case in the police station against Reazuddin. It was transferred to the Union Parishad and in that case Reazuddin was ordered to pay a fine of Tk. 2,000.00 and Taslimuddin stood ..Category: Criminal Law | Date: | Hits: 76
Kazi Rokanuddin Ahmed and others Vs. Chairman, 1st Labour Court and others, 2011, 40 CLC (HCD)
....r section 307 and 310 of the Bangladesh Labour Law, 2006 stating, inter alia, that the respondent No.2 was appointed as an electrician in the Jai Jai Din Printers Limited on 26-11-2005 and joined the post on the same day having ID No.179 and his total monthly salary was Taka 6,875 among which basic ......Bangladesh Labour Law (Criminal) Case No. 370 of 2010 is hereby declared unlawful, malafide, out of jurisdiction and is of no legal effect. Ed. This Case is also Reported in: 16 BLC (2011) 892. ......Bangladesh Labour Law (Criminal) Case No. 370 of 2010 is hereby declared unlawful, malafide, out of jurisdiction and is of no legal effect. Ed. This Case is also Reported in: 16 BLC (2011) 892. ......Bangladesh Labour Law (Criminal) Case No. 370 of 2010 is hereby declared unlawful, malafide, out of jurisdiction and is of no legal effect. Ed. This Case is also Reported in: 16 BLC (2011) 892. ..Category: Labour and Industrial Law | Date: | Hits: 156
Iqbal Hossain and six others Vs. Chairman, Labour Appellate Tribunal and Others, 2011, 40 CLC (HCD)
.... found that he was not paid the gratuity amount of Taka 49,193 as per the gratuity rule of the company i.e. respondent No.3. Then the petitioner sent a grievance petition on 3-8-2002 under registered post, but his grievance was not redressed. Then he filed the Complaint Case No.20 of 2002. 4. Res...... respondent No.2) are declared to have been passed without lawful authority and is of no legal effect. Send down the LC records at once. Ed. This Case is also Reported in: 16 BLC (2011) 889. ...... respondent No.2) are declared to have been passed without lawful authority and is of no legal effect. Send down the LC records at once. Ed. This Case is also Reported in: 16 BLC (2011) 889. ...... respondent No.2) are declared to have been passed without lawful authority and is of no legal effect. Send down the LC records at once. Ed. This Case is also Reported in: 16 BLC (2011) 889. ..Category: Labour and Industrial Law | Date: | Hits: 161
Afrin Akter Vs. Bangladesh and other, 2011, 40 CLC (HCD)
....on Parishad namely Mativanga Union Parishad has issued the certificate (Annexure-B). On 21-6-2009, the Director Health published advertisement inviting application for the competent candidate for the post of Health Assistant mentioning the requisite qualification as HSC or equivalent of HSC pass in ...... the Ministry of Health, respondent No.1, Civil Surgeon-Pirojpur and the concerned Officer of Upazilla-Najirpur, District-Pirojpur at once. Ed. This Case is also Reported in: 16 BLC (2011) 884. ......or MA Halim Munshi @ Halim Munshi is an eminent Freedom Fighter. The petitioner is the inhabitant of Village Tarabtmia Upazilla-Nazirput District-Pirojpur and to that effect the Chairman of the Local Union Parishad namely Mativanga Union Parishad has issued the certificate (Annexure-B). On 21-6-2009......Halim Munshi @ Halim Munshi is an eminent Freedom Fighter. The petitioner is the inhabitant of Village Tarabtmia Upazilla-Nazirput District-Pirojpur and to that effect the Chairman of the Local Union Parishad namely Mativanga Union Parishad has issued the certificate (Annexure-B). On 21-6-2009, the ..Category: Employment/Service Law | Date: | Hits: 91
State Vs. Ashraf Ali and others, 2009, 38 CLC (HCD)
....s witness denied the suggestion of the defence that he did not record the statement properly and applying judicial mind. P.W. 18 Doctor Abdul Kalam Azad, the Residential Medical Officer, held the post mortem and he found the following injuries: 1. Incised injury over frontal head 04"X01"X bon......about the confessional statement of Ashraf and he also heard from Ashraf directly about the said killing. He said that he might have given the statement on 30.05.2003 to the police and he could not remember when Ashraf made confessional statement. Ashraf made confession at Madh Nagar College and at ......also established a Technical & Business Management College at Madh Nagar and deceased Majedur Rahman opposed it and ultimately affiliation of said college was cancelled. Regarding the election of Union Parishad there was enmity between deceased and Hasanuzzaman and because of that enmity said Ha......stablished a Technical & Business Management College at Madh Nagar and deceased Majedur Rahman opposed it and ultimately affiliation of said college was cancelled. Regarding the election of Union Parishad there was enmity between deceased and Hasanuzzaman and because of that enmity said Hasanuzz..Category: Criminal Law | Date: | Hits: 82
.... Manikganj on 10.6.87 in Trust Act Case No.1 of 1986 was illegal and is therefore set aside.
In the result, the appeal is allowed.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 512.
...... circumstances, the local leading gentlemen formed a managing committee on 20.11.68 with Mr. Abdul Haque, the Ex‑Chairman of Baliati Union Council as President and Mr. Madhu Mia as Secretary with 9 members to help the Committee and the appellant No.2 Ramendra Nath was an active member of the said ......stee the trust property was on the verge of ruin. Considering the circumstances, the local leading gentlemen formed a managing committee on 20.11.68 with Mr. Abdul Haque, the Ex‑Chairman of Baliati Union Council as President and Mr. Madhu Mia as Secretary with 9 members to help the Committee and t...... Manikganj on 10.6.87 in Trust Act Case No.1 of 1986 was illegal and is therefore set aside.
In the result, the appeal is allowed.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 512.
..
Category: Trust/Waqf Law | Date: | Hits: 183
Md. Nazimuddin Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....s date of birth was 08.04.1952 and in support of his date of birth, he swore an affidavit and the same was accepted by the authority. In recognition of his meritorious service, he was promoted to the post of Sub-Assistant Engineer. When the petitioner was in service as Sub-Assistant Engineer at Kush......t the case before the Administrative Tribunal was barred by limitation. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 10. ......t the case before the Administrative Tribunal was barred by limitation. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 10. ......t the case before the Administrative Tribunal was barred by limitation. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 10. ..Category: Administrative Law | Date: | Hits: 196
Jiban Bima Corporation and another Vs. A.K.M. Harun-Or-Rashid and others, 2011, 40 CLC (AD)
....Ideal Life Assurance Company Limited was subsequently placed under the Jiban Bima Corporation where the writ petitioner continued his service for 37 years having received promotion to the next higher post as Senior Assistant vide letter dated 19.6.1978 with effect from 1.6.1977. On 3.1.2002 the writ...... appeal which is accordingly allowed, without however, any order as to costs. The impugned judgment and order of the High Court Division is hereby set aside. Ed. This Case is also Reported in: ...... appeal which is accordingly allowed, without however, any order as to costs. The impugned judgment and order of the High Court Division is hereby set aside. Ed. This Case is also Reported in: ...... appeal which is accordingly allowed, without however, any order as to costs. The impugned judgment and order of the High Court Division is hereby set aside. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 58
....Petition No.2551 of 1990 is set aside and consequently the Rule in the said Writ Petition is discharged. There is no order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 502.......it must a fortiori follow that a Judge of e High Court, sitting singly, has jurisdiction under section 151, Code of Civil Procedure, to vacate an order passed by a Division Bench, of which he was one member, provided the issue whether the order was obtained by fraud, properly comes up before him. In......Petition No.2551 of 1990 is set aside and consequently the Rule in the said Writ Petition is discharged. There is no order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 502.......Petition No.2551 of 1990 is set aside and consequently the Rule in the said Writ Petition is discharged. There is no order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 502...
Category: Civil Law | Date: | Hits: 87
Ms. Ok-Kyung Oh, Dhaka Vs. Tea Hung Packaging (Bd) Ltd. and Others, 2011, 40 CLC (AD)
....prayer for re-instating her in the company as its Managing Director, the whole purpose of her filing the application was to investigate the fraud committed by respondent No.2 in removing her from the post of Director and Managing Director of the Company and the Registrar was fully empowered to see t......egistrar is authorized to make such investigation as may be found necessary for proper discharge of his duties and as such, section 193(6) contemplates conducting of hearing with a view to consider a member’s application seeking re-instatement as a Director in order to find out whether she has bee......d judgment and order. In the result, the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 1, 32 BLD (AD) (2012) 16; 9 ADC (2012) 472. ......d judgment and order. In the result, the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 1, 32 BLD (AD) (2012) 16; 9 ADC (2012) 472. ..Category: Company Law | Date: | Hits: 235
Principal, Fulbaria College, Mymensingh Vs. Md. Helaluddin and Others, 2010, 39 CLC (AD)
....Mymensingh instituted Writ Petition No.3746 of 2003 in the High Court Division seeking a declaration to the effect that the decision for demotion of the writ petitioner by the writ respondents to the post of lecturer from the post of Assistant Professor of Fulbaria College, Mymensingh and degrading ...... The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 11, 16 MLR (AD) (2011) 380, 8 LG (AD) (2011) 155, VIII ADC (2011) 941. ...... The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 11, 16 MLR (AD) (2011) 380, 8 LG (AD) (2011) 155, VIII ADC (2011) 941. ...... The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 11, 16 MLR (AD) (2011) 380, 8 LG (AD) (2011) 155, VIII ADC (2011) 941. ..Category: Employment/Service Law | Date: | Hits: 204
Barrister Nazmul Huda and another Vs. State and another, 2011, 40 CLC (HCD)
.... the Act. The concerned authorities on realizing this error, tried to cover it up by inserting Subsection (2) in Section 18 on 18.04.2007, by Ordinance No. VII of 2007. Sub-section(2) provides for ex post facto ratification of the acts done by the officers of the Commission during the period from 07......n the L.C. records along with a copy of this Judgment and order to the Court concerned immediately for information and necessary action. Ed.This Case is also Reported in: 16 MLR (HCD) (2011) 381. ......n the L.C. records along with a copy of this Judgment and order to the Court concerned immediately for information and necessary action. Ed.This Case is also Reported in: 16 MLR (HCD) (2011) 381. ......n the L.C. records along with a copy of this Judgment and order to the Court concerned immediately for information and necessary action. Ed.This Case is also Reported in: 16 MLR (HCD) (2011) 381. ..Category: Criminal Law | Date: | Hits: 101
Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....ated by malice in law. Dr. Nurul Islam was then Professor of Medicine and Director of the Institute of Post‑Graduate Medicine and Research. By an order dated 22nd November, 1978 Government made the post of Director of the IPGMR a non‑practicing post and released him of his duty as Professor of M......rrendering Pakistani passport to the authority concerned, thereafter the petitioner has been permanently residing in Bangladesh considering himself a citizen Bangladesh by birth; that on 27.5.80 some member of the Parliament inquired from the Government about the stay of the petitioner in Bangladesh......mediate Government College, Dhaka and then obtained his Graduation and his Masters Degree in Political Science from the University of Dhaka; that the petitioner was General Secretary of the Student's Union of the then Fazlul Huq Muslim Hall and he was also General Secretary of the Dhaka University S....... 153. I, therefore, having agreed with the Judgment delivered by BI Chowdhury, J make the Rule absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 423. ..Category: Immigration and Citizenship Law | Date: | Hits: 343
Maulana Motiur Rahman Nizami Vs. State, 2010, 39 CLC (HCD)
....designed to try persons who have allegedly committed crimes specified in section 3 and because of express inapplicability of the Code of Criminal Procedure to any proceeding before the Tribunal as postulated by section 23 of the Act of 1973, the instant petition under section 561A of the Code is ...... Bangladesh, may be appointed as a Chairman or a Member of a Tribunal and the incumbent Chairman and one of the Members of the Tribunal are the sitting Judges of the High Court Division and the other member of the Tribunal is qualified to be a Judge of the Supreme Court of Bangladesh and as per sect......re led to hold that the instant petition under section 561A of the Code of Criminal Procedure is incompetent and as such it is rejected in limine. This Case is also Reported in: 16 BLC (2011) 808. ......re led to hold that the instant petition under section 561A of the Code of Criminal Procedure is incompetent and as such it is rejected in limine. This Case is also Reported in: 16 BLC (2011) 808. ..Category: Criminal Law | Date: | Hits: 103
Hassan MS Azim and three others Vs. Bangladesh, 2010, 39 CLC (HCD)
.... of reference. We believe that in appointing the Chief Justice of the country the President would refer to all and any quarters who would advise him or assist him in choosing the right person for the post of Chief Justice and we believe that reference to any Commission made for the purpose of scruti......on to establish an independent Judicial Appointment Commission (JAC) to recommend candidates for judicial appointment on a more transparent basis. The Judicial Appointment Commission comprises 15 members, including a Chairman, who come from various vocations and professions. A Committee is selec......ngladesh………………………….......................................Respondents Judgment October 26, 2010. Cases Referred To- Supreme Court Advocates-on-Record Association Vs. Union of India with SP Gupta Vs. Union of India, AIR 1994 Supreme Court 268; Malik Asad Ali Vs. Fede......with regard to the appointment of the Chief Justice is clear and does not call for any interpretation. Hence, the application is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 800. ..Category: Constitutional Law | Date: | Hits: 228
Sanwar Hossain Vs. State, 1993, 22 CLC (HCD)
.... dead body was floating in Dayur Tank at Salperchar and they proceeded towards that tank. On the way they learnt that the dead body had already been taken away by the police to Narayanganj morgue for post‑mortem examination. On getting this information they went to the morgue, identified the behea...... Let a copy of this judgment be forwarded to the Additional Sessions Judge, Narayanganj, for necessary action in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 489....... lodged the FIR Ext. 7 at Bandar Police Station on 6.11.87 at 6‑30 PM whereupon Bandar PS Case No.2, dated 6.11.87 was started. 4. On 6.11.87 at 10‑15 AM Chowkidar Md. Rajab Ali of No.4 Bandar Union Parishad reported to the police station about the beheaded body floating at Dayur Tank. On the......d the FIR Ext. 7 at Bandar Police Station on 6.11.87 at 6‑30 PM whereupon Bandar PS Case No.2, dated 6.11.87 was started. 4. On 6.11.87 at 10‑15 AM Chowkidar Md. Rajab Ali of No.4 Bandar Union Parishad reported to the police station about the beheaded body floating at Dayur Tank. On the basis..Category: Criminal Law | Date: | Hits: 91
State Vs. Golam Sabbir Shown, 2011, 40 CLC (AD)
....no cogent ground to interfere with the discretionary power exercised by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 443.......d workers of the Bangladesh Nationalist Party were running hither and thither when two workers sustained injuries due to explosion. The Party Workers present there told that before the occurrence the member of Parliament and Whip of Ruling party Mr. Mirza Azam was found passing the front of the offi......no cogent ground to interfere with the discretionary power exercised by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 443.......no cogent ground to interfere with the discretionary power exercised by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 443...Category: Criminal Law | Date: | Hits: 98
Bangladesh Vs. Md. Ataur Rahman and others, 2011, 40 CLC (AD)
....Warrant of Precedence is derogatory to the dignity of their office and is violative of Article 31 of the Constitution. The impugned Warrant of Precedence fails to appreciate that all constitutional posts, such as the Judges of the Supreme Court of Bangladesh, Attorney-General, Comptroller and Audi......etitioner. 2. Facts relevant for the disposal of this petition are succinctly stated below: 3. The Judicial Service is not 'service' in the sense of employment. The Judges are not employees, as members of the Judiciary, they exercise the sovereign judicial power similarly as the members of t......il, 2011 and thereafter the respondent shall file the same within 17th April, 2011. The appeal is fixed for hearing on 26th April, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 415. ......il, 2011 and thereafter the respondent shall file the same within 17th April, 2011. The appeal is fixed for hearing on 26th April, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 415. ..Category: Constitutional Law | Date: | Hits: 441
State Vs. Kazol, 2011, 40 CLC (HCD)
.... the Druto Bichar Tribunal-2, Dhaka immediately. Send down the Lower Court Records. Communicate this Order at once. Md. Habibul Gani J. - I agree. Ed. This Case is also Reported in: ......f the accused persons from such time onwards. Mr. Chakrabortty relies on such extracts of the Section 164-statements as lend credence and assurance to such general state of affairs. Taposh’s family members, especially his father the P.W.3 informant and his mother Shanti Poddar the P.W.6, having so......ks refuge in the house of one Marzina Begum who later deposed in this case as P.W.1. The story that emerges is one of several van drivers along with P.W.s 8, 17 and 18 thereafter taking Taposh to the Union Parishad Chairman P.W.16 who later arranges for Taposh to be sent by taxi to a hospital. It is......uge in the house of one Marzina Begum who later deposed in this case as P.W.1. The story that emerges is one of several van drivers along with P.W.s 8, 17 and 18 thereafter taking Taposh to the Union Parishad Chairman P.W.16 who later arranges for Taposh to be sent by taxi to a hospital. It is soon,..Category: Criminal Law | Date: | Hits: 106
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