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Bangladesh Atomic Energy Commission Vs. Md. Al-Amin Sarker and others, 2011, 40 CLC (AD)
....ed on 30.6.2000. After completion of this project the petitioners discharged their duties in the service of the BAEC honestly and sincerely; that the Ministry of Establishment accorded approval to132 posts of the completed project for regularization in the revenue budget on temporary basis. But the ......ed 6.10.2010 passed by the High Court Division in Writ Petition No. 6308 of 2009 be stayed till disposal of the Appeal. Ed. This Case is also Reported in: VIII ADC (2011) 388. ......ed 6.10.2010 passed by the High Court Division in Writ Petition No. 6308 of 2009 be stayed till disposal of the Appeal. Ed. This Case is also Reported in: VIII ADC (2011) 388. ......ed 6.10.2010 passed by the High Court Division in Writ Petition No. 6308 of 2009 be stayed till disposal of the Appeal. Ed. This Case is also Reported in: VIII ADC (2011) 388. ..Category: Employment/Service Law | Date: | Hits: 81
Hussain Mohammad Ershad Vs. State, 1992, 21 CLC (HCD)
....ng in the Court of Divisional Special Judge, Dhaka. 2. Facts, in short, are that accused in the instant case is a former President Lt. General (Retd.) Hussain Muhammad Ershad. He resigned from the post of President on 6.12.90 at about 3‑00 PM. He was staying at the Senabhaban at Dhaka Cantonmen....... It was headed by the Chief Metropolitan Magistrate along with a Magistrate 1st. Class, Assistant Military Secretary to the former President Mr. HM Ershad being Col. Atiqur Rahman and others and the members of the said committee also included Mr. Mustafizur Rahman, a businessman and relation of the......of the High Court. We, having considered the matter find no substance in this application which is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 116. ......of the High Court. We, having considered the matter find no substance in this application which is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 116. ..Category: Criminal Law | Date: | Hits: 125
Akhtar Hossain alias, Babul Akhtar alias, Akhtar Ali and another Vs. The State, 1991, 20 CLC (HCD)
....ase No.29 of 1987, dated 30.3.87 was started. While investigating the case ASI Azizur Rahman visited the place of occurrence, prepared the inquest report, sent the dead body to the Sadar Hospital for postmortem examination and seized the alamats. In course of investigation the ASI out of suspicion a......arose is, when the informant did not go to the police station nor did she send anybody to lodge ejjahar there, how the Daroga appeared on the scene. The Daroga (P.W.7) explained that "so far as" he remembered, he had come to the village of the informant in connection with some other business and whe......nst them. It is directed that the condemned prisoners be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 83. ......nst them. It is directed that the condemned prisoners be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 83. ..Category: Criminal Law | Date: | Hits: 110
....ficate officer shall, instead of causing a notice prescribed under section 7, to be served upon the certificate debtor, cause a demand‑notice to be served upon the certificate debtor, by registered post with acknowledgment due requiring the certificate debtor to deposit with the certificate‑offi......ed 11.12.88 are without lawful authority and are of no legal effect. The Rule is therefore made absolute without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 407.......ed 11.12.88 are without lawful authority and are of no legal effect. The Rule is therefore made absolute without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 407.......ed 11.12.88 are without lawful authority and are of no legal effect. The Rule is therefore made absolute without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 407...
Category: Civil Law | Date: | Hits: 99
Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
.... the mischief of the said repealed law as if the said law has not been repealed. 31. According to Article 35(1) of the Constitution there is a prohibition on conviction or sentence under an “ex post facto law” not trial of the offence alleged to have been committed or the procedure to be fol......es: “24. A review lies only when the alleged error in the judgment is so evident that it can be established without going into elaborate arguments and the factual matrix of the case. It may be remembered that a review in counsel’s mention cannot justify review of the verdict. No doubt the cou......e Civil Petition which does not merit our consideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 185, 16 MLR (AD) (2011) 457. ......e Civil Petition which does not merit our consideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 185, 16 MLR (AD) (2011) 457. ..Category: Civil Law | Date: | Hits: 238
Abdul Muhaimin Khan & another Vs. Bashiruddin & others, 1991, 20 CLC (HCD)
.... The rule is discharged with cost. The stay order granted by this court on 26.11.90 is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 382. ...... The rule is discharged with cost. The stay order granted by this court on 26.11.90 is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 382. ......t for declaration that the unanimous award of a village court was not binding upon him as because it was obtained by fraud alleging that he did not nominate any representative but the Chairman of the Union Parishad, in order to mitigate his previous grudge, included 2 persons as representatives of t......declaration that the unanimous award of a village court was not binding upon him as because it was obtained by fraud alleging that he did not nominate any representative but the Chairman of the Union Parishad, in order to mitigate his previous grudge, included 2 persons as representatives of the pla..Category: Property Law | Date: | Hits: 89
Ansar Ali Khan Vs. Chief Election Commissioner and others, 1992, 21 CLC (HCD)
....r nomination as Chairman or member to contest the said election. On the ground stated above the application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 379. ......8.12.91. Section 7(2)(g) of the Local Government (Union Parishads) Ordinance, 1983 clearly provides that "A person shall be disqualified for election or nomination as, or for being, a Chairman or a member if he has defaulted in repaying any loan taken by him from any specified bank within the time...... and heard the learned Advocate for the petitioner. 2. The petitioner Ansar Ali Khan submitted his nomination paper on 7.12.91 for contesting the election for the office of Chairman of No.5 Banail Union Parishad before respondent No.4 Returning Officer and Upazila Education Officer, Upazila Mirza......eard the learned Advocate for the petitioner. 2. The petitioner Ansar Ali Khan submitted his nomination paper on 7.12.91 for contesting the election for the office of Chairman of No.5 Banail Union Parishad before respondent No.4 Returning Officer and Upazila Education Officer, Upazila Mirzapur, D..Category: Election Law | Date: | Hits: 128
Fazlul Karim Vs. Agrani Bank, 1991, 20 CLC (HCD)
.... far as the principle of second show cause notice is concerned, this is provided in Article 135 of the Constitution of the People's Republic of Bangladesh for protection of any person holding a Civil post under the Republic. 16. It is now well settled that an employee of any statutory authority, ...... suit should be the "a declaration that the order of 10th, August, 1940, purporting to dismiss the respondent from the Indian Civil Service was void and inoperative and that the respondent remained a member of the Indian Civil Service at the date of the institution of the present action on 20th July......he Agrani Bank was illegal, void and inoperative and that he remained in service in that post at the date of institution of the suit. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 375. ......he Agrani Bank was illegal, void and inoperative and that he remained in service in that post at the date of institution of the suit. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 375. ..Category: Employment/Service Law | Date: | Hits: 71
Md. Abul Hossain Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....ensure that every Nikah Registrar must be satisfied that the bride/groom is major at time of solemnization of marriage. Gobinda Chandra Tagore J.-I agree. Ed. This Case is also Reported in: ......ensure that every Nikah Registrar must be satisfied that the bride/groom is major at time of solemnization of marriage. Gobinda Chandra Tagore J.-I agree. Ed. This Case is also Reported in: ......declared to have been made without lawful authority. 2. The facts leading to the issuance of the Rule, in brief, are: On 14.5.1997, the petitioner was appointed Nikah Registrar for No.11 Cheora Union Parishad, Choudagram, Comilla. He has since been discharging his duties of Nikah Registrar wit......ed to have been made without lawful authority. 2. The facts leading to the issuance of the Rule, in brief, are: On 14.5.1997, the petitioner was appointed Nikah Registrar for No.11 Cheora Union Parishad, Choudagram, Comilla. He has since been discharging his duties of Nikah Registrar with hone..Category: Civil Law | Date: | Hits: 128
Law Dev (Bangladesh) Vs. Bangladesh and another, 2011, 40 CLC (HCD)
....ed enhancements of tariff for electricity and other such charges. The BERC is the only such statutory body in the energy sector of the country. Anyway, the Chairman and the Members of the BERC in the post were appointed by the President following the procedure that applications were first invited ......Constitution does not require that the applicant for a writ of quo warranto must be an aggrieved party. Any person may apply as the inquiry relates to a matter in which the public ire interested. Any member of the public acting in good faith whose conduct does not disentitle him to an equitable reli......on as the case involves a substantial question of law as to the interpretation of the Constitution. The certificate as prayed for is granted. Ed. This Case is also Reported in: 63 DLR (2011) 626.......on as the case involves a substantial question of law as to the interpretation of the Constitution. The certificate as prayed for is granted. Ed. This Case is also Reported in: 63 DLR (2011) 626...Category: Employment/Service Law | Date: | Hits: 92
Shahabuddin (Md) Vs. Secretary, Ministry of Youth and Sports and others, 1991, 20 CLC (HCD)
....tition before this Court under Article 102(2)(a)(ii) of the Constitution, therefore, is not maintainable on the grounds stated above. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 360. ......tition before this Court under Article 102(2)(a)(ii) of the Constitution, therefore, is not maintainable on the grounds stated above. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 360. ......Council Act, 1974. 8. Section 3(28) of the General Clauses Act, 1897 defines the expression "local authority" as “3. (28)” local authority" shall mean and include a Paurashava, Zilla Board, Union Panchayat, Board of Trustees of a port or other authority legally entitled to, or entrusted by......tition before this Court under Article 102(2)(a)(ii) of the Constitution, therefore, is not maintainable on the grounds stated above. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 360. ..Category: Constitutional Law | Date: | Hits: 165
.... verbally removed by the petitioner‑company from the service without any reason on that date i.e. on 19.3.87. Respondent No.2 Abul Hossain is said to have submitted grievance petition by registered post on 21.4.87 (a copy marked exhibit‑2 in the IRO Case). According to respondent No.2 as the pet......made without any lawful authority and to be of no legal effect.
The Rule is accordingly made absolute without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 357.......serving as No.2 Tongsman in the establishment of the second party‑petitioner New Eastern Trading Corporation Limited since 3‑2‑86. Respondent No.2 also claims that he was Secretary of the Trade Union bearing registration No.2554. The second party‑petitioner closed the factory on 27.12.86 and......made without any lawful authority and to be of no legal effect.
The Rule is accordingly made absolute without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 357...
Category: Labour and Industrial Law | Date: | Hits: 124
AR Bhuiyan and Company Vs. Commissioner of Taxes, Dhaka (South) Zone, Dhaka, 1992, 21 CLC (HCD)
....xes under Income‑Tax Act. For the aforesaid discussion, we answer the question No.1 in the affirmative and against the assessee. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 347. ......xes under Income‑Tax Act. For the aforesaid discussion, we answer the question No.1 in the affirmative and against the assessee. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 347. ......xes under Income‑Tax Act. For the aforesaid discussion, we answer the question No.1 in the affirmative and against the assessee. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 347. ......xes under Income‑Tax Act. For the aforesaid discussion, we answer the question No.1 in the affirmative and against the assessee. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 347. ..Category: Fiscal/Taxation Law | Date: | Hits: 90
Abdul Khaleque (Md) Vs. Deputy Commissioner, Dhaka, 1992, 21 CLC (HCD)
....appointment letter which has been annexed to this writ petition as at Annexure 'A'. After appointment Mr. Md. Khalilur Rahman who happened to be the Headmaster of the said School was removed from the post of Headmaster by the Managing Committee and the Managing Committee asked the petitioner by reso......e without lawful authority and of no legal effect. Considering the facts and circumstances of the case no order is made as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 369.......e without lawful authority and of no legal effect. Considering the facts and circumstances of the case no order is made as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 369.......e without lawful authority and of no legal effect. Considering the facts and circumstances of the case no order is made as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 369...Category: Employment/Service Law | Date: | Hits: 59
Anil Krishna Mondal Vs. Chairman, Labour Court and others, 1991, 20 CLC (HCD)
.... the same with the accounts, officer of the mill. He submits that in such a situation the impugned order cannot be upheld and the Labour Court acted illegally in not reinstating the petitioner to his post although it set aside the order of dismissal. He further submits that as the petitioner has lar......d and the Labour Court acted illegally in not reinstating the petitioner to his post although it set aside the order of dismissal. He further submits that as the petitioner has large number of family members including the minor children he ought to be reinstated to his own post. The argument althoug......he Labour Court is without lawful authority and is of no legal effect. In the result, the Rule is discharged. No order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 367. ......he Labour Court is without lawful authority and is of no legal effect. In the result, the Rule is discharged. No order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 367. ..Category: Labour and Industrial Law | Date: | Hits: 115
Aslam Hossain Chaklader Vs. Ali Nur and others, 1991, 20 CLC (HCD)
....te Judge is hereby set aside and the petition for temporary injunction is rejected. The connected Rule is disposed of accordingly. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 366. ......te Judge is hereby set aside and the petition for temporary injunction is rejected. The connected Rule is disposed of accordingly. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 366. ......bordinate Judge after hearing the parties allowed the petition for temporary injunction and restrained defendant No.1 from collecting tolls from the suit Hat. He has further ordered that the Fatuffah Union Hat‑Bazar Management Committee will collect the tolls of the suit Hat. Mr. Syed Ziaul Kar......r was granted lease for collection of tolls of Fatullah Hat and Bazar for 1398 BS by auction sale held on 11.4.91, being the highest bidder for Tk. 9,05,000.00 and the bid was accepted by the Upazila Parishad on 22.4.91. The appellant paid Tk. 2,40,000.00 on the date of bid and he deposited balance ..Category: Civil Law | Date: | Hits: 74
Nikhil Kumar Sarker Vs. Bangladesh, 1991, 20 CLC (HCD)
....and initially started teaching on voluntary basis as Assistant Teacher in Goalundo Shahid Smrity Girls' High School. Goalundo, Rajbari, from 1984. While serving as such the petitioner applied for the post of regular service as teacher in the same school in response to an advertisement published in t......sistant Teacher of the said nationalised school is without any lawful authority. The application is, therefore, summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 67. ......sistant Teacher of the said nationalised school is without any lawful authority. The application is, therefore, summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 67. ......sistant Teacher of the said nationalised school is without any lawful authority. The application is, therefore, summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 67. ..Category: Employment/Service Law | Date: | Hits: 82
....terprise at Dhaka as consultant and developed micro‑computer based programme for personnel management and inventory control upto April 2, 1982. The respondent BUET advertised for appointment to the post of Assistant Professor in its Electrical and Electronic Engineering Department and the petition...... Board held several meetings covering a period of almost three years and ultimately in its meeting held on 17.6.1991 (presided over by respondent No.2, the Vice‑Chancellor and attended by six other members) recommended the petitioner for appointment as Professor of the said Department on probation......an Vs. Md. Hossain Ali, 8 PLR (Dacca) 820; Mian Mohammad Hyat, PLD 1964(SC) 321=16 DLR (SC) 251); Ajit Singh and others Vs. Slate of Punjab and another, AIR 1983 (SC) 494; Purshottan: Lal Dhingra Vs. Union of India, 1958 SCR 828; AIR 1958 SC 36.
Lawyers Involved:
Mahmudul Islam, Advocate ‑ ......ind no illegality whatsoever in impugned orders and on the grounds stated above, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 333.
..
Category: Employment/Service Law | Date: | Hits: 155
State Vs. Amin Huda, 2011, 40 CLC (AD)
....fore the Druta Bichar Tribunal within 6(six) weeks from the date of receipt of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 152,8 LG (AD) (2011) 164, VIII ADC (2011) 890. ......of Narcotics, or an officer subordinate to him as provided in sub-section (2) thereof. The learned Judges also failed to consider that the Government has the power to appoint a police officer, or a member of any other law enforcing agency otherwise competent under law to investigate a case. In t......fore the Druta Bichar Tribunal within 6(six) weeks from the date of receipt of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 152,8 LG (AD) (2011) 164, VIII ADC (2011) 890. ......fore the Druta Bichar Tribunal within 6(six) weeks from the date of receipt of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 152,8 LG (AD) (2011) 164, VIII ADC (2011) 890. ..Category: Criminal Law | Date: | Hits: 112
Mohiuddin Ahmed and others Vs. Lutfur Rahman and another, 1990, 19 CLC (HCD)
.... Chakraborty was dragged in this matter of payment of money to the petitioner No.1. Respondent No.1 could have issued a cheque or bank draft in favour of the petitioner No.1 and sent it by registered post. If it was refused, then such a contention could be given some weight. Further, it could not be......dent No.1 terms and conditions as laid down in the two agreements. Petitioners were the real share‑holders like the respondent No.1 in the company. This was some sort of package deal in between the members of the same family. Petitioner No.1 and respondent No.1 signed the agreements as parties and......oners in place of the name of respondent No.1 in respect of the shares which the petitioners had held on 8.3.85 in the above company. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 48. ......oners in place of the name of respondent No.1 in respect of the shares which the petitioners had held on 8.3.85 in the above company. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 48. ..Category: Company Law | Date: | Hits: 159
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