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Government of Bangladesh and others Vs. Md. Shafiqur Rahman, 2011, 40 CLC (AD)
....nd obtained the Rule. 5. The writ petition was contested by presÂent petitioner No.1 (respondent No.1 in the writ petition) by filing an affidavit-in-opposition contending, inter alia, that "mere holding the same class does not necÂessary allow" equal pay scale to all employees belonging to the......vil) Present: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Government of Bangladesh and others………............Petitioners Vs. Md. Shafiqur Rahman…â..Category: Employment/Service Law | Date: | Hits: 86
Zenith Packages Ltd. Vs. Member, Labour Appellate Tribunal and others, 1999, 18 CLC (HCD)
.... After placing the petition and impugned Judgment learned Advocate for the petitioner submitted that respondent No.1 member, Labour Appellate Tribunal acted illegally in passing the impugned Judgment holding that terms of a terminated settlement cannot by interpretation be held to be He further subm......m 19-5-98. Thereafter, the respondent No.2 placed before the petitioner a charter of demands on 20-5-98 under section 26 of the said Ordinance claiming certain higher rates of emoluments and benefits over the rates which were being enjoined by the workers. Petitioner by notice dated 8-6-98 modified ..Category: Labour and Industrial Law | Date: | Hits: 168
Bimal Chandra Adhikari Vs. State, 1999, 18 CLC (HCD)
....f Inspector of an offence said to have been committed under the Act but in the instant case the same was investigated by an Assistant Inspector and further that no order, from the Magistrate prior to holding of investigation as regard offence under section 5 of the Act was obtained and in that state......sing him. In view of the discussion made above the Rule is discharged. Send down the LC records to the court concerned at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 282. ..Category: Criminal Law | Date: | Hits: 75
Abul Bashar Shaikh Vs. State, 1996, 25 CLC (HCD)
.... accused Arshadullah was But both the accused were convicted in the arms and. ammunition case. They preferred separate appeals against their conviction and sentence. The then Dhaka High Court while upholding and sentence of Arshadullah observed as follows “He was not only recognised amongst the da......e appearing for the appellant after placing the impugned judgment and other materials on recorded submitted that appellant was arrested from the Palong Thana area and the revolver and bullets were recovered from Naria Thana area and as such lodging of FIR with Palong PS and investigation and submiss..Category: Criminal Law | Date: | Hits: 73
Nurul Huq Vs. Secretary, Rural ElectriÂfication Board and another, 1991, 20 CLC (HCD)
....ruction of illegal lines with Mr. Amjad Hossain, AGD (Cons.), Mr. Mohammad Ali, Assistant Engineer, Retainer Engineer Technical Consultant, Tangail and the petitioner, and the Enquiry Committee after holding the enquiry on 19.6.86 submitted its report on 29.6.86 to the said Executive Engineer that t......tion 22(A) & (P) and sent to the petitioner by the Respondent No.1, Secretary, Rural Electrification Board by his Memo dated 3.8.86. It was, inter alia, alleged that the petitioner who was in the overall charge of the electric line construction in collusion with M/s. Khan Prokousuli constructed ..Category: Employment/Service Law | Date: | Hits: 65
Hazrat Ali and another Vs. Kudrat Ali and others, 1991, 20 CLC (HCD)
....uary, 1978 Pre‑emption Case No.16 of 1979 under section 96 of the State Acquisition and Tenancy Act, 1950 in respect of certain land on the allegations, inter alia, that he was a co‑sharer in the holding by inheritance and he had no knowledge about the transfer of the land under pre‑emption to......n this case on behalf of the petitioners have no manner of application. In the result, the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 658...Category: Property Law | Date: | Hits: 72
Agrani Bank Vs. Artha Rin Adalat and others, 2003, 32 CLC (HCD)
....e same on the ground that no revision lies against an interlocutory order passed by the Artha Rin Adalat. 10. The provisions of the Code of Civil Procedure so far as it relates to the procedure of holding trial of Artha Rin Adalat suit is applicable in the Artha Rin Adalat and the proceeding of t......at is sufficient to attract the power of superintendence conferred on the High Court. Besides, Article 109 of the Constitution provides that High Court Division shall have superintendence and control over all courts subordinate to it and ultimately held that Artha Rin Adalat, though a special Court ..Category: Administrative Law | Date: | Hits: 200
Bangladesh Sugar and Food Industries Corporation Vs. Md. Kashem and others, 2002, 31 CLC (HCD)
....ment. After the filing of the written statements the plaint was amended on 21‑3‑1992 vide Order No.51 by adding a prayer to the prayer (b) to the effect; "get allotment of the suit property is holding No. 76, Motijheel Commercial Area for 99 years of the lease as khas land of the defendant No...... 3. The plaint case is that the suit land was leased out to Messers North Bengal Sugar Mills Ltd. But, the said company did not fulfil the terms of the lease for which defendant No. 1, namely, the Government of Bangladesh, cancelled the lease. The plaintiff approached the government who gave him u..Category: Property Law | Date: | Hits: 122
Power Grid Company of Bangladesh Ltd. Vs. Rowshon Ara Begum and others, 2011, 40 CLC (AD)
.... this present petition for leave to appeal. 9. Mr. Mahmudul Islam, the learned Senior Advocate appearing for the petitioner has mainly submitted that the High Court Division has committed wrong in holding that the land acquired was not specified, that in fact the land acquired was duly specified ......ecifying the lands sought to be acquired, these lands have not been acquired in pubÂlic interest or for any public purpose and that no agreement deed was executed between the requiring body and the Government as per Section 15 of the Acquisition and Requisition of the Immovable Property Ordinance, ..Category: Property Law | Date: | Hits: 81
M/S. Rupanti Enterprise Vs. Unilever Bangladesh Limited and others…, 2011, 40 CLC (AD)
...., the petitioner submitted bill of entry being No.C-46302 dated 03.11.2010 through its C&F Agent, M/S. Karim and Sons and with all shipping documents. In the meantime, the customs authority after holding 100% physical examination, found some anomalies and seized the imported goods and started an......he writ petitions it was stated, inter alia, that the writ-petitioner is a world renowned multi-national company operatÂing in Bangladesh. As per the audited account for the year, 2005 the total turnover of the writ-petitioner was TK. 9.71 billion as on 31.12.2005 and it has re-invested TK.217 mill..Category: Fiscal/Taxation Law | Date: | Hits: 168
Shahidullah and others Vs. State, 1991, 20 CLC (HCD)
....his Court. 3. Mr. Azizul Huq, the learned Advocate appearing on behalf of the appellants, at the very outset submits that taking of cognizance by the Special Tribunal and framing of accusation and holding of trial before the Special Tribunal constituted under the Special Powers Act is bad in law ......he trial this vitiated the entire proceeding. 4. Mr. MA Latif, the learned Advocate appearing in on behalf of the State, submits that the evidence indicates that 100 vials of Phensidyl has been recovered from the possession of this appellant and as such there is no illegality in proceeding with t..Category: Criminal Law | Date: | Hits: 60
Mustafa Kamal and others Vs. Director of Land Records and others, 1991, 20 CLC (HCD)
....lur Rahman, an Appeal officer. The Director General appears to have exercised his powers under Rule 44 of the East Bengal Tenancy Rules 1955 and caused interference under Rule 42 of the said Rules by holding that he had powers to correct, modify or set aside any record of rights made or passed in an......r of the said jote No.1 was one Abdul Aziz Sarang in raiyati right. The said Jotedar having defaulted in payment of revenue, the Jote was put to auction and ultimately the entire lands vested in the Government. One Abdus Salam prayed for re‑settlement of the case land and his prayer was allowed an..Category: Property Law | Date: | Hits: 73
AKM Mukhlesur Rahman Vs. State, 1991, 20 CLC (HCD)
....n record it appears that the time of occurrence, i.e., the recovery of the currency notes has also not been proved by adequate and reliable witnesses and in such circumstances there is possibility of holding that the appellant is not guilty of the charge levelled against him. The alleged recovery of......rency notes to this appellant as illegal gratification. The appellant was then challenged by the District Anti‑Corruption Officer and subsequently those two five hundred taka currency notes were recovered from the possession of this appellant and after scrutiny it was found that these are the two ..Category: Criminal Law | Date: | Hits: 90
....Education Ordinance, 1961 and also section 39(2)(III) of the said Ordinance. He further submits under section 39(2)(III) the Board has given power to frame regulations providing for granting and 'withholding' certificate but there is no provision for making regulation for 'withdrawal' of certificate......ly did not appear at the time of hearing.
4. The respondent No.2, the Controller of Examinations, Board of Intermediate & Secondary Education, Jessore filed an affidavit‑in‑opposition controverting the material allegations made in the writ petition and contending, in substance, that an In..
Category: Civil Law | Date: | Hits: 159
....and has no locus standi to claim pre-emption. The pre-emptee further alleged that the khatian was separated by a decree passed in Partition Suit No.133 of 1918 and since then the original tenancy and holding of Khatian No.323 had ceased to exist and the pre-emptor was therefore, not a co-sharer in t....... Since review does not mean rehearing of the matter, we find no merit in the review petition.
The petition is accordingly dismissed.
Ed.
This Case is also Reported in: VIII ADC (2011) 477.
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Category: Procedural Law | Date: | Hits: 76
Most. Begum Rofika Vs. Mohammad Ali Sheikh others, 2009, 38 CLC (AD)
.... have heard the learned counsel and perused the impugned judgment and order of the High Court Division and also other connected papers. 6. As it appears the High Court Division discharged the Rule holding that the lower appellate Court, having found that the eviÂdence of O.P.W.1 and O.P.W. 2 are...... in the case land and also as spent Tk.70,000/- for construction of the boundary wall and iron gate and besides pre-emptee also planted valuable trees in the case land spending about Tk.30,000/-. Moreover the pre-emptor has no necessity of the case land and it is only because the case land became ve..Category: Property Law | Date: | Hits: 64
Abul Ahsan Joardar Vs. Kazi Misbahul Alam, 1992, 21 CLC (HCD)
....ome to his own conclusion. Magistrate even if he wants to act under section 203, Cr.P.C. should exercise his own independent judgment." So, whatever may be the report of the judicial Magistrate holding inquiry; the trying Magistrate is required to exercise his own independent judgment and to s......e order of stay granted by this Court is vacated. Let a copy of this judgment and order be transmitted to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 606. ..Category: Criminal Law | Date: | Hits: 98
....icle 102 of the Constitution the petitioners challenging the judgment and order passed by the Court of Settlement in Case No.99 of 1987 on 4.10.90 whereby the Court of Settlement dismissed the case upholding the inclusion of a house being House No.22, Block 'B' Lane No.4 Section 13, Mirpur Housing E...... petitioners is that the petitioner No.1 is the wife of petitioner No.2 and they are nationals of Bangladesh and permanent residents of Bangladesh. The disputed house was leased out by the erstwhile Government of East Pakistan to one Md. Moinuddin, son of late Md. Hanif on hire purchase system under..
Category: Property Law | Date: | Hits: 89
Aftabur Rahman Vs. State, 1993, 22 CLC (HCD)
....rement of the law is that the accused must be produced before a Magistrate after his arrest but the appellant was not produced before any Magistrate. Section 167 of the Code of Criminal Procedure was holding the field and the Regulation 2(a) was promulgated on 28.12.76 that is, after a month. Sectio...... University Campus and created a reign of terror and during investigation it transpired that the accused was seen with other accused before the occurrence and for the sake of investigation and for recovery of arms it is necessary to interrogate him. 11. On 30.6.93 an application was filed on beha..Category: Criminal Law | Date: | Hits: 87
Mst. Momtaz Begum Vs. Anowar Hossain, 2011, 40 CLC (AD)
....e are even opinions that a marriage may be constituted without any ceremonial and even in the absence of direct proof, indirect proof might suffice. The High Court Division, in the premises, erred in holding that mere living together as husband and wife did not bring it within the bound of marriage....... to (1) whether non-registration of the marriage under Mohammedan Law makes the marriage illegal or irregular or non-existent, (2) whether continuous co-habitation by the appellant and the respondent over a period of three years as husband and wife coupled with their conduct infer a presumption as t..Category: Family Law | Date: | Hits: 318
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