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Bangladesh Parjatan Corporation Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)

....gality. The petitioner was terminated from service of the Corporation by the appropriate authority in compliance with the provisions of the Probidhanmala, 1990; the allegation of mala fide act on the part of the authority was not correct. Since the petitioner has been given 90 days’ ‘notice pay......হাতীতভাবে প্রমাণিত হয় নাই”। Similar allegations of corruption were also brought against the petitioner and the then Bureau of Anti-Corruption after investigation also found that “উপরোক্ত বিষয়ে জনাব মোঃ আহ..

Category: Employment/Service Law | Date: | Hits: 156

Government of Bangladesh and others Vs. Abdul Quader Mollah and another, 2011, 40 CLC (AD)

....thority did not provide them Division-1 status as per Jail Code. In the context of the matter, they moved the High Court Division seeking the above direction. The High Court Division upon hearing the parties directed the petitioners to provide them Division-1 status. 4. It is contended on behalf ......ts to provide the petitioners Division-1 status under the Jail Code. There is no merit in this petition, which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 240...

Category: Criminal Law | Date: | Hits: 95

Ishaque Mia (Md.) & another Vs. Abdul Mazid Mollah & others, 1995, 24 CLC (HCD)

.... the Petitioners. Abdul Quayum, Advocate ‑ For the Opposite Party No.1. Civil Revision No.1258 of 1991. Judgment Mainur Reza Chowdhury J.- This Rule was issued calling upon the opposite party No.1 to show cause as to why the impugned Judgment and decree dated 29.1.1991 and 4.2.1991 pas...... multiplicity of suit and further litigation concerning them. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 465. ..

Category: Civil Law | Date: | Hits: 130

Abdur Razzaque @ Geda Vs. State, 1995, 24 CLC (HCD)

....aw inasmuch as the accused‑appellant has been seriously prejudiced in his defence as no charge was framed against him and he was not given reasonable opportunity of confronting the charge with full particulars while the witnesses were examined, as such, the order of conviction and sentence is liab......tice to the accused of the matter he is charged with. 7. A charge is an important step in the criminal proceeding. It separates the inquiry stage from the trial. That is to say when the inquiry or investigation ends thereafter the trial shall begin. The whole object of framing a charge is to enab..

Category: Criminal Law | Date: | Hits: 144

Nitai Ch. Shaha and another Vs. M/s. City Ice and Cold Storage Ltd. and others, 1982, 11 CLC (HCD)

....r-Rahman Khan J.- These two Rules were obtained by Nitai Chand Saha and his younger brother Umananda Saha who figured as defendant No.1 respectively in the two suits brought by the plaintiff opposite party for specific performance of an alleged con­tract. The Rules are directed against the orders o......d Subordinate Judge are set aside and the plaintiff opposite party's petitions for amendment are rejected. Ranadhir Sen J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 61...

Category: Civil Law | Date: | Hits: 132

Matira Bewa & others Vs. Sree Sudhir Chandra Saha & others, 1982, 11 CLC (HCD)

....yat was hit by section 75A of the said Act and was null and void decreed the suit for declaration and recovery of possession. A contention raised by the defendant that the plaintiffs themselves being party to the transac­tion could not turn round and say that the kabulyat was null and void being in......ting properties. Such a policy of law, it was suggested must have precedence over any rule of estoppel. In this case the Supreme Court has observed that the plea of estoppel would be available to bar investigation of a question of fact about which a representation had been made so as to induce the o..

Category: Property Law | Date: | Hits: 146

Jan-E-Alam Vs. Rupali Bank Limited and others, 2009, 38 CLC (AD)

.... Execution Court rejected the applications filed by the decree holder-bank, judgment debtor and Rupali Bank, Dewan Bazar Branch, respondent No.4, on 23.04.2002 holding that there is no latches on the part of auction purchasers and since the decree holder bank and Rupali Bank, Dewan Bazar, the two br......f the above, we find no substance in submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 82. ..

Category: Others | Date: | Hits: 140

Mahatab Hossain (Md) Vs. Upazila Nirbahi Officer and others, 2006, 35 CLC (HCD)

....spondent No. 2. Thereafter, memo dated 30-8-2001 (Annexure I) was issued by the respondent No.3 directing the respondent No. 1 to withdraw the suspension order of the petitioner by disposing of the Departmental Proceedings. But no action was taken. The respondent No.l by the Memo No. U-NI/PIR/2003/2......estigated the matter under Memo No. Stha-Sha-5/9/42(2) dated 31-1-1994 issued by the Deputy Commissioner, Rangpur and submitted his report. Subsequently, on 31-8-1995 a decision was taken for further investigation by the "Upazila Co­ordination Committee". Thereafter, on 1-7-1998 vide Memo No. 581 a..

Category: Employment/Service Law | Date: | Hits: 180

Dr. Md. Alamgir Vs. Vice Chancellor, BUET and others, 2001, 30 CLC (HCD)

....ering and Technology (BUET) and another to show cause as to why they should not be directed for finalisation of selection and appointment of the petitioner to the post of Assistant Professor in the Department of Civil Engineering, BUET, as recommended by the Selection Board, in pursuance to the adve......l not make any order as regards the ad-hoc appointments of the respondent Nos. 3 and 4. In the result, this Rule is made absolute in part. Ed. This Case is also Reported in: 53 DLR (2001) 398...

Category: Employment/Service Law | Date: | Hits: 160

Manirul Huda Vs. National Board of Revenue, represented by its Chairman, Segunbagicha, Ramna, Dhaka and others, 2010, 39 CLC (HCD)

....lients to file their returns under section 82BB and the clients placing reliance upon the petitioner's advice also filed their returns under section 82BB, which were duly accepted by the Income Tax Department as the final settlement of the tax payment for the assessment year 2009-2010. 3. It has ...... Self Assessment" under section 82BB of the Ordinance. 9. Mr. Khoshru also brought into our notice sub-section (4) of section 82BB where it has been maintained: "No question as to the source of investigation made by a new assessee deriving income from business or profession shall be raised, if..

Category: Fiscal/Taxation Law | Date: | Hits: 227

AKM Mozammel Huq Vs. Chancellor of the National University, represented by the Secretary, Ministry of Education, Bangladesh Secretariat, Dhaka and others, 2011, 40 CLC (HCD)

....inform or illuminate. The impugned appointments were made prior to the publication of the advertisement. The petitioner learnt that the aforesaid illegal appointees were subsequently interviewed as Departmental candidates and allowed to continue indefinitely. 8. Submitted that the impugned appoi......g of Writ Petition No.5125 of 2004 neither the writ-petitioner nor the present petitioner had enough specific evidence to substantiate the allegations. Subsequently new evidence came to light through investigation by the National University authority and the University Grants Commission (UGC) and cr..

Category: Administrative Law | Date: | Hits: 371

Abdul Khaleque and others Vs. State, 1996, 25 CLC (HCD)

....he defence did not examine any witness. The defence case, as it appears from the trend of the cross‑examination of the prosecution witness, is that, due to litigation and enmity with the informant party, the accused appellants were implicated in this case falsely out of the previous grudge and en......irst Information Report was lodged by Kazi Tazul Islam (P.W.1). Police investigated into the case, examined the witnesses under section 161 CrPC, prepared a sketch map and index thereof and after due investigation submitted charge sheet against the accused appellants and others. 3. In all 16 witn..

Category: Criminal Law | Date: | Hits: 117

Monwar Ali Vs. Dhaka Club Ltd. & others, 1996, 25 CLC (HCD)

....as filed the suit for a declaration that the order of expulsion of the petitioner is illegal. 3. The case of the defendant is that on 22.6.95, the plaintiff‑petitioner got a couple of tickets to participate in Monsoon Ball night of the club, held in the premises of it. But instead of bringing h......28.2.96 is hereby vacated. No order as to­ costs. The office is directed to send a copy of this order to the trial Court at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 492. ..

Category: Civil Law | Date: | Hits: 110

Abul Hashim (Md.) Vs. Election Commission of Bangladesh, 1995, 24 CLC (HCD)

....stituencies Ordinance, 1976. Further, it is stated that the impugned order is the result of malafide intention and has been done for collateral purposes and the same was passed at the instance of the party in power and not on the basis of an objective independent finding. 3. Mr. Amirul Islam has ......ight of the petitioner also. There is no merit in the writ petition. Accordingly, the petition is rejected summarily. No cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 490. ..

Category: Election Law | Date: | Hits: 271

Shahryar Murshed and others Vs. Principal, Chittagong Medical College and others, 1994, 23 CLC (HCD)

....ble family background and they never indulged in any untoward activities and were never involved in the incident in any manner. The order of expulsion for ever manifests the acts of revenge on the part of the college authority and has been taken in violation of the right guarantied to them as ci......pline are detected by the Invigilators or other officers present in the examination hall and candidates concerned are expelled from the hall of are otherwise dealt with, question of any enquiry or investigation upon notice to the candidates may not arise. But where no case of breach of disciplin..

Category: Others | Date: | Hits: 168

Ansarul Huque Vs. Agrani Bank, 1996, 25 CLC (HCD)

....rney‑General, appeared to assist the Court as amicus curiae. Short facts of the Revision Cases are, that plaintiff‑petitioner Ansarul Hoque filed these three suits against defendant‑opposite party Agrani Bank claiming the principal sum due on three fixed deposits kept with the bank together......tiously as possible preferably within three months from the date of receipt of the Judgment. Our order dated 12‑2‑96 is recalled. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 479. ..

Category: Civil Law | Date: | Hits: 87

Rezaul Bari (Md.) Vs. Bangladesh & others, 2010, 39 CLC (HCD)

.... of the Penal Code read with Section 5(2) of Act II of 1947 bringing the allegation that they were selling Dust Fish at the higher rate than that of the rate as fixed by the Government. The informant party seized some papers from the concerned office and found allegation prima facie true. Thereafter...... were rejected. The learned Additional Chief Judicial Magistrate by an order dated 10-6-2008 directed the Mithapukur Police to hand over the case records to the local Durniti Daman Office for holding investigation. Challenging the proceeding the petitioner moved this Court and obtained the present R..

Category: Anti-Corruption Laws | Date: | Hits: 142

Saint Martin Commodities Limited Vs. Chairman & Joint Commissioner, Licensing Authority, Customs House & Others, 2010, 39 CLC (HCD)

....e Petitioner. SM Moniruzzaman, Assistant Attorney-General - For the Respondents. Writ Petition No.7287 of 2007. Judgment Md. Ashfaqul Islam J.- Let the supple­mentary affidavit be formed part of the main petition. At the instance of the petitioner Saint Martin Commodities Limited, this ......aring and Forwarding License of the petitioner is declared to have been issued without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 49. ..

Category: Business or Commercial Law | Date: | Hits: 656

Asgar Ali Mia and others Vs. Bangladesh and others, 2010, 39 CLC (HCD)

....y Chowdhury, Ajit Kumar Roy Chowdhury and wife Soundamoni Roy Chowdhury as his heirs. Elder son Sukendu Roy Chowdhury inherited 303/4 decimals of land in CS Plot No.400 and SA Plot No.573 of the said partition suit along with other lands. Said Sukendu Roy Chowdhury died leaving 3 sons Anup Roy Chowd...... (F) of 2004 is disposed of accordingly. However, there will be no order as to costs. Sent down the lower Court's records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 37...

Category: Property Law | Date: | Hits: 147

Abdus Sukur Mia Vs. State, 1994, 23 CLC (HCD)

.... of dowry, Mr. Mamun submits that from the medical report of course the injuries as found on the body of the victim apparently appear to be simple but from careful. scrutiny of the post mortem report particularly the report on dissection of the dead body of the victim woman as detected by the doctor......of Barguna is, that in view of an information given by the accused Abdus Sukur Miah an UD Case No.1/1989 was started on the death of Suily Begum, wife of the accused. One Daroga Shah Alam took up the investigation of the case and he came to the place of occurrence and found the dead body of the vict..

Category: Criminal Law | Date: | Hits: 135