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Mizan Howlader Vs. Bangladesh, 1995, 24 CLC (HCD)

....urisdiction) Present: A M Mahmudur Rahman J Mahfuzur Rahman J Mizan Howlader...............Petitioner Vs. Bangladesh, represented by the Secretary in the Ministry of Establishment, Government of the People’s Republic of Bangladesh and another...............Respondents Judgmen......stated above, this petition fails and is liable to be rejected. Accordingly, we reject this petition without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 91. ......stated above, this petition fails and is liable to be rejected. Accordingly, we reject this petition without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 91. ..

Category: Constitutional Law | Date: | Hits: 247

Abdur Gafur Vs. State, 1995, 24 CLC (HCD)

.... of the two cases that after taking cognizance, process were issued against the accused persons. After appearance of the accused persons before the Court on 8.11.90, Senior Special Judge wrote to the Government for according sanction in Special Case No.8 of 1990 for quashing which Crl. Revision No.3......he government. In the result, both the Rules are discharged and the orders of stay vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 90.......he government. In the result, both the Rules are discharged and the orders of stay vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 90...

Category: Criminal Law | Date: | Hits: 112

Dalia Parveen Vs. Bangladesh Biman Corporation and another, 1995, 24 CLC (HCD)

....said manner is violative of Article 28 of the Constitution of Bangladesh as the amendment is made on the basis of sex alone. She further states that her retirement age is governed by section 4 of the Government Servant (Retirement) Act, 1974 and she cannot be retired before completion of 57 years of......n passed without any lawful authority and is of no legal effect. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 132.......n passed without any lawful authority and is of no legal effect. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 132...

Category: Employment/Service Law | Date: | Hits: 361

Sheikh Roushan Ali Vs. Board of Intermediate and Secondary Education, Jessore and others, 1995, 24 CLC (HCD)

....ge do the Board had decided in its meeting held on 5.1.85 that the order of dismissal of the petitioner was illegal and was not sustainable being in violation of Regulation 12 of the Recognised Non‑Government, Intermediate College Teachers' (Board of Intermediate and Secondary Education Jessore) T...... at Annexure‑D (2) to the writ petition. In the circumstance of the case, the parties are directed to bear their respective costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 121....... at Annexure‑D (2) to the writ petition. In the circumstance of the case, the parties are directed to bear their respective costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 121...

Category: Employment/Service Law | Date: | Hits: 226

Munir Hossain and others Vs. Dhaka Water Supply and Sewerage Authority & others, 1995, 24 CLC (HCD)

....st below the names of the respondent Nos.4‑10 filed objections to the Authority between 24.5.86 and 29.5.86 with the prayer for fixation of seniority as Assistant Engineer as per the then Pakistan Government's circular and other memos mentioned in the objections. The Authority while made service ......r the signature of the Secretary of the Authority within the period of 4 (four) months from the date. There is no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 121.......r the signature of the Secretary of the Authority within the period of 4 (four) months from the date. There is no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 121...

Category: Employment/Service Law | Date: | Hits: 191

Moudud Ahmed Vs. State, 1995, 24 CLC (HCD)

....igned from the post of Vice President and Mr. Justice Shahabuddin Ahmed, the former Chief Justice of Bangladesh, was appointed Vice President. Later on Justice Shahabuddin Ahmed after the fall of the Government of Lt. General Hossain Mohammad Ershad become acting President of the Republic and was th......cisions which I have referred in my Judgment. In the result, I discharge this Rule. The prayer for certificate to appeal is refused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 108.......cisions which I have referred in my Judgment. In the result, I discharge this Rule. The prayer for certificate to appeal is refused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 108...

Category: Criminal Law | Date: | Hits: 111

Nurul Huda Vs. Bahar Uddin & others, 1989, 18 CLC (HCD)

....he revisional application which the petitioner filed before the learned Sessions Judge, Noakhali un­der sections 435/439A Cr.P.C. 6. The historical background of the challenge is that in 1982 the Government made a policy deci­sion to invest Executive Magistrate with sweeping judicial powers to ......of the Code in the then East Pakistan Act No. XXXVI of 1957, noted above, may take appropriate steps in the matter, if it so desires. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 395. ......of the Code in the then East Pakistan Act No. XXXVI of 1957, noted above, may take appropriate steps in the matter, if it so desires. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 395. ..

Category: Criminal Law | Date: | Hits: 158

Zulfiquar Ali Bhutto Vs. Bangladesh & others, 1989, 18 CLC (HCD)

....member of the Parliament. Since the petitioner was elected as a member of the Parliament he ceased to be a Chairman of the said Upazila Parishad in view of sub-section (3) of sec­tion 6 of the Local Government (Upazila Parishad and Upazila Administration Reorganisation) Ordi­nance, 1982 (Ordinance......e said Upazila Parishad is void as a whole. In view of the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 379. ......e said Upazila Parishad is void as a whole. In view of the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 379. ..

Category: Election Law | Date: | Hits: 252

Syed Ashfaque Hossain & others Vs. Bangladesh, 1989, 18 CLC (HCD)

....the review application, which is Annexure N l, the sec­ond impugned order. 6. In this Writ Petition the only ground urged upon by Mr. Md. Hannan, learned Advocate for the petitioners, is that the Government had no power and jurisdiction of entertaining either any appeal or revi­sion from the fi......s of the petitioners to the extent of 5.80 acres as it originally stood. The Rule in Contempt Petition No.3 of 1987 is discharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 364. ......s of the petitioners to the extent of 5.80 acres as it originally stood. The Rule in Contempt Petition No.3 of 1987 is discharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 364. ..

Category: Property Law | Date: | Hits: 129

Al-haj Mirza Shamsuddin Beg and others Vs. Bangladesh & another, 1989, 18 CLC (HCD)

....ourashava Or­dinance, 1977 which had no manner of application at all in the facts and circumstances of the case. The Municipality can in such circumstances easily proceed under the provisions of the Government and Lo­cal Authority (Lands and Buildings) Recovery of Possession Ordinance, 1970 (Ordin......they should pay the costs in the Rules. In the result all the Rules Nisi are made abso­lute with costs against the respondent No.2. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 356.......they should pay the costs in the Rules. In the result all the Rules Nisi are made abso­lute with costs against the respondent No.2. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 356...

Category: Property Law | Date: | Hits: 145

Additional Deputy Commi­ssioner (Revenue) Dhaka Vs. Md. Mostafa Ali Mridha and others, 1993, 22 CLC (HCD)

....jibur Rah man and amongst the occupants some had filed application for lease of the suit holding. Since the owner Ram Chandra Paul left this county long ago and was permanently residing in India, the Government took over that property as vested, and non‑resident property. The plaintiff created for......nd the Judgment and decree passed by the trial Court are hereby affirmed. Send down the LC records immediately to the trial Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 193. ......nd the Judgment and decree passed by the trial Court are hereby affirmed. Send down the LC records immediately to the trial Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 193. ..

Category: Property Law | Date: | Hits: 134

Judges of the High Court Division Vs. Ashok Kumar Karmaker, 1995, 24 CLC (HCD)

....esentative in this respect of the people the ultimate sovereigns - and in their interest and for their good. The maintenance of the authority of the judiciary is indispensable to the stability of the Government." This is quoted by Mr. VG Ramachandran in his treatise "The Contempt of Court”, 5th......udgment be sent to the Ministry of Law, Justice and Parliamentary Affairs of the Government of the People’s Republic of Bangladesh. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 179. ......udgment be sent to the Ministry of Law, Justice and Parliamentary Affairs of the Government of the People’s Republic of Bangladesh. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 179. ..

Category: Criminal Law | Date: | Hits: 149

Shahadat Chowdhury Vs. Md. Ataur Rahman, 1996, 25 CLC (HCD)

....ation was contacted by the reporter before punishing the said report to ascertain correctness of the contents of the report and he was informed that due to undue pressure of higher authorities of the Government effective steps could not be taken regarding the allegations against the complainant and ......No.204/1/a/91 pending in the Court of Chief Metropolitan Magistrate, Dhaka, is quashed. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 176. ......No.204/1/a/91 pending in the Court of Chief Metropolitan Magistrate, Dhaka, is quashed. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 176. ..

Category: Criminal Law | Date: | Hits: 125

Nazrul Islam and others Vs. State, 1999, 28 CLC (HCD)

....nvestigation within the said period of six months, specific order of the (Chief Metropolitan Magistrate or the District Magistrate, as the case may be) shall have to be obtained; Provided that the Government may, by order, revive the case at any time if the case is triable exclusively by Court of......is directed to proceed with the case in accordance with law and dispose of the same expeditiously. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 368.......is directed to proceed with the case in accordance with law and dispose of the same expeditiously. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 368...

Category: Criminal Law | Date: | Hits: 108

Bangladesh General Insurance Co. Ltd. Vs. Chalna Marine Products Co. Ltd., 1999, 28 CLC (HCD)

....We have also a copy of the SPARRSO Newsletter (News and Views about Remote Sensing and Space Technology in Bangladesh) Vol. 4, issue 1, January, 1989 published by the Meteorological Department of the Government of Bangladesh. The learned Counsel of the appellant supplied the copy of the above to us ......sult, the FA No.129 of 1995 is dismissed without any order as to costs. Send down the lower Court records of both the suits at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 357.......sult, the FA No.129 of 1995 is dismissed without any order as to costs. Send down the lower Court records of both the suits at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 357...

Category: Business or Commercial Law | Date: | Hits: 522

Ayat Steels Limited Vs. Mohammad Ali, 2011, 40 CLC (HCD)

.... Rule being CRNo.421 (fm) of 2010 also stands disposed of accordingly. Send down a Copy of this order to the trial Court, at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 417. ...... Rule being CRNo.421 (fm) of 2010 also stands disposed of accordingly. Send down a Copy of this order to the trial Court, at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 417. ......Breakers as defendant No.3. 2. The suit was contested by Capital Ship Breakers Ltd. and eventually it was decreed ex-parte on 26-6-05 with a direction upon the judgment debtor to pay the decreetal dues to the respondent Bank within 60(sixty) days but the judgment debtor did not pay the decreetal ..

Category: Civil Law | Date: | Hits: 235

Khan Md. Ruhul Amin Vs. Chairman, Labour Court, Khulna and others, 1990, 19 CLC (HCD)

....ions of the Board of Intermediate and Secondary Education and that the pay of the petitioner has been correctly fixed on 1-7-77 in the New National Pay Scales, in accordance with the provision of the Government Notification dated 30-10-78 and Bangladesh Jute Mills Corporation’s circular, issued fo...... case be taken as a bar in that regard. With the above observations this Rule is discharged without, however, any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 347....... case be taken as a bar in that regard. With the above observations this Rule is discharged without, however, any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 347...

Category: Labour and Industrial Law | Date: | Hits: 184

Khalilur Rahman (Md.) alias Ismail Vs. State, 1999, 28 CLC (HCD)

....(ii) any ancient object or site of historical, ethnographical, anthropological, military or scientific interest, and (iii) any other ancient object or class of such objects declared by the Central Government, by notification in the official Gazette to be an antiquity for the purpose of this Act.......ted earlier by this Court is hereby vacated. Send down the lower Court records. Let the petitioner be discharged from his bail bonds. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 344. ......ted earlier by this Court is hereby vacated. Send down the lower Court records. Let the petitioner be discharged from his bail bonds. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 344. ..

Category: Others | Date: | Hits: 159

Bangladesh Vs. Abdul Aziz and others, 2005, 34 CLC (HCD)

....ation. It is also contend­ed that the award is a nullity in the eye of law as at the relevant time neither the arbitrator nor the Court could pass an award against BTTB as it was a department of the Government inasmuch as the BTTB lost its corporate existence pursuant to Ordinance No.12 of 1979. Th......cree is a nullity there remains nothing to proceed with the Execution case No.2 of 1998. Send down the Lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 405.......cree is a nullity there remains nothing to proceed with the Execution case No.2 of 1998. Send down the Lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 405...

Category: Alternative Dispute Resolution | Date: | Hits: 291

Abdul Kader Vs. Abdullah and others, 1998, 27 CLC (HCD)

.... Commissioner were legal and plaintiff also prayed for declaration of their title in the suit land. 3. The fact of the case, in short, is that admittedly, the disputed land is the Khas land of the Government. The plaintiffs assertion is that they took the settlement of the suit land in Settlement......ordingly, the Rule is made absolute. The judgment and decree of the appellate Court is set aside. The suit is dismissed. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 435. ......ordingly, the Rule is made absolute. The judgment and decree of the appellate Court is set aside. The suit is dismissed. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 435. ..

Category: Property Law | Date: | Hits: 105