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Principal, Fulbaria College, Mymensingh Vs. Md. Helaluddin and Others, 2010, 39 CLC (AD)
.... 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. ......he petitioner and his entitlement of higher scale. Since the writ petitioner had enjoyed higher scale and promotion by practicing fraud, he cannot claim any right of higher post and salary. 12. "Nobody shall profit from his own wrongdoing", the principle, described by Coke as 'maxim of law' is qu..Category: Employment/Service Law | Date: | Hits: 204
Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....ce of it because it does no more than empower the Provincial Government to acquire the interest of such rent‑receivers as may be specified in the notification in any district, part of a district or local area and the Provincial Government could as it has actually done so far as the rent receivers ...... subsequent notification dated 23.12.58 ordered the continuation of the old Regional Transport authority and as such it was held that when the executive Government acts as a delegate of a legislative body it had no plenary power to provide for retrospective operation unless and until that power is e..Category: Immigration and Citizenship Law | Date: | Hits: 343
Bangladesh Vs. Bangladesh Italian Marble Works Ltd. and others, 2011, 40 CLC (AD)
.... 6 to handover possession of Moon Cinema Hall within 3(three) months free from all encumbrances and/or to resolve the dispute amicably within the said period. Ed. This Case is also Reported in: ...... (4), (5), (6) and (7) to Article 96 and also clause (1) of Article 102 to the Constitution are hereby provisionally condoned until 31st December, 2012 in order to avoid disastrous consequence to the body politic for enabling the Parliament to make necessary amendment to the constitution and also fo..Category: Constitutional Law | Date: | Hits: 222
Hassan MS Azim and three others Vs. Bangladesh, 2010, 39 CLC (HCD)
....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. ......he merit of any person, who may otherwise qualify to be appointed as a Judge as the Chief Justice of the country within the requirement of Article 95 (2) of the constitution. There is no authority or body of persons who may be identified as being in a position to comment on the merit of any candidat..Category: Constitutional Law | Date: | Hits: 228
Habibullah (Md.) and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)
.... as found in Section 3 of the Ordinance. Section 3 reads thus: "Publication of preliminary notice of acquisition of properly-Whenever it appears to the Deputy Commissioner that any property in any locality is needed or is likely to be needed for any public purpose or in the public interest, he sh......-operative Society Limited (Annexure-'D'). The Petitioners submit that this was done illegally and without any lawful authority. In this regard it is stated in particular that the concerned requiring body did not enter into an agreement with the Government in such prescribed form as is otherwise req..Category: Property Law | Date: | Hits: 104
Sanwar Hossain Vs. State, 1993, 22 CLC (HCD)
.... 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.......n the Mela and would come later on. Since Khasru did not return even on the following morning his parents and other relations searched for him. In the afternoon they came to know that a beheaded dead body was floating in Dayur Tank at Salperchar and they proceeded towards that tank. On the way they ..Category: Criminal Law | Date: | Hits: 91
Renu Begum Vs. Khandokar Enamul Mowla and others, 2011, 40 CLC (HCD)
....uit is set aside and thus, the suit is hereby decreed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 BLC (2011) 791. ......g with the sole finding of the trial Court holding that (1) defendant No.3, Fazle Elahi executed the baina patra on behalf of his minor daughters (defendant Nos.1 and 2) but he did not mention in the body of the baina patra that he executed the baina patra for and on behalf of his minor daughters, (..Category: Property Law | Date: | Hits: 74
State Vs. Jabbar, 2010, 39 CLC (AD)
....htly found the accused respondent not guilty of the charge. We find no merit in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 441. ......earned that his younger brother did not return home and then he searched about his brother's whereabouts. On the following day on 8th October, 1998 he learned that the Savar police recovered a dead body near Ashuliya bridge and that the dead body was sent to the morgue. On receipt of the said info..Category: Criminal Law | Date: | Hits: 53
Bangladesh Vs. Md. Ataur Rahman and others, 2011, 40 CLC (AD)
....e civil executive services, though they are in the service of the Republic. But it does not mean or imply that they enjoy higher status than that of the persons belonging to the defence services, local Government and civil executive services. The service conditions stipulated under Articles 13......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
....ral and documentary, and as such no interference is called for.
We find no substance in this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: VIII ADC (2011) 410.
......perties vested for management in the Government of Bangladesh. After that, the Government of Bangladesh sold the same to Bangladesh Freedom Fighters' Welfare Trust and as such, the plaintiff or any body did not have title over the suit property. An additional written statement was filed by defen..
Category: Property Law | Date: | Hits: 82
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: ......omes questionable upon consideration of the deposition of the P.W.15 S.I. Borhan Uddin as Investigation Officer (“I.O.”) who prepared the Seizure List, Sketch Map and Surathal Report and sent the body for autopsy. He also applied for the statements of the arrested accused persons being Manik, Sh..Category: Criminal Law | Date: | Hits: 106
Mahmud Ibne Abbas Vs. Begum Momtaz Hossain and another, 1991, 20 CLC (HCD)
.... of Assistant Judge Dhaka where the suit was numbered as Title suit No.253 of 1988; rejecting the plaintiff petitioner's application under Order 39 rule 7 read with section 151 of the CPC praying for local inspection and a prayer for review of earlier order dated 5.3.90 by which the previous applica......th respect to same land situated in Mohakhali area of Dhaka city was of no legal effect and that defendant OP No.1 has not acquired any title over the land described in schedule to the plaint. In the body of the plaint it was further alleged that the document had been obtained by OP No.1 from OP No...Category: Property Law | Date: | Hits: 80
Rezaul Karim (Md) and another Vs. Secretary, Ministry of Home Affairs and others, 1991, 20 CLC (HCD)
.... "18. Any licence may be cancelled or suspended‑ (a) by the officer by whom the same was granted or by any authority in which he may be subordinate, or by any Magistrate of a district within the local limits of whose jurisdiction the holder of such licence may be, when, for reasons to be, recor......petitioners, Rezaul Karim Talukdar and Golarn Gaffar, is declared to be illegal and of no legal effect. No order is made as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 110. ..Category: Constitutional Law | Date: | Hits: 174
Akhtar Hossain alias, Babul Akhtar alias, Akhtar Ali and another Vs. The State, 1991, 20 CLC (HCD)
.... inquest report, seized alamats and sent the dead body to the Chuadanga Sadar Hospital for post‑mortern examination. Being directed by the Officer‑in‑Charge of the police station he went to the locality, took up the investigation and with the help of the people arrested accused appellant Akhta...... Biswas went to Bhadagari beel to collect snails and saw beside the small tank (Apa) skinless head of a woman. He raised hue and cry whereupon many persons assembled there and found the beheaded dead body half‑dug in the mud, the people could not ascertain the identity of the dead body and accordi..Category: Criminal Law | Date: | Hits: 110
AKM Mohinus Saleh & others Vs. State, 1992, 21 CLC (HCD)
....rvation that no financial loss has been caused to the bank and the bank has since been satisfied about its dues. The copy of the letter addressed by the Deputy General Manager, Bangladesh Krishi Bank local principal office to the higher authority of the bank containing the decision of the department...... absolute and the accused petitioners are discharged from their bail bonds. Let the records of the case be sent down expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 386...Category: Criminal Law | Date: | Hits: 80
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. ......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. ..Category: Election Law | Date: | Hits: 128
....rrency. A tripartite contract was entered into between M/s Jain Enterprise on 16.5.1985 for supply of machineries and other materials and in the said contract Frick Company of U.S. represented by its local Agent Messers Eastern Trading Agency Ltd. was the first party and in the 2nd agreement Covingt...... Artha Rin Suit No.103 of 2001 is maintained.
Let a copy of the judgment along with lower Court’s record be sent down at once.
M. Moazzam Husain J.- I agree.
This Case is also Reported in:
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Category: Civil Law | Date: | Hits: 217
....No.7 of Mouja Helatola, Police Station and District Khulna, is that the suit land was gifted by the then Hindu Jaminder in favour of the plaintiff at the request of some cultural minded people of the locality. In support of the plaintiff’s case, it has examined four persons as witnesses. It has ......hatian, towards performance of their duty as per Article 112 of the Constitution. The suit property should be managed by the Coronation Hall Committee, Khulna in the manner as before, as a management body on behalf of the government, until otherwise decided by the government. Let, copies of this jud..
Category: Property Law | Date: | Hits: 89
Law Dev (Bangladesh) Vs. Bangladesh and another, 2011, 40 CLC (HCD)
....f a post or service under the Government. The Constitution has also made a distinction between the holder of an office of profit under the Government and the holder of an office of profit under a local or other authority subject to the control of the Government. The decisive test for determining......s statutory duties and responsibilities including holding of public hearing in respect of proposed 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 po..Category: Employment/Service Law | Date: | Hits: 92
Shahabuddin (Md) Vs. Secretary, Ministry of Youth and Sports and others, 1991, 20 CLC (HCD)
.... law, on the application of any person aggrieved, make an order declaring that any act done or proceeding taken by a person performing functions in connection with the affairs of the Republic or of a local authority has been done or taken without lawful authority and is of no legal effect. 4. Tho...... 12(2) read with Schedule Part‑I of the Bangladesh Sports Council Act, 1974 (Act No.LVII of 1974). Merely for this reason the Nabarun Sangsad or the Bangladesh Football Federation does not become a body or authority constituted or established by the Government under any law to mean a local authori..Category: Constitutional Law | Date: | Hits: 165
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