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Giasuddin-al-Mamun Vs. State and another, 2013, 42 CLC (HCD)
....warranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 50. ......iasuddin-al-Mamun demanded money from one Begum Khadija Islam, Chairman of Nirman Construction, with assurance that an work order would be awarded to her for construction of an 80(eighty) MW capacity power station in Tongi BSCIC Industrial Area through his close friend and business partner Tarique R...... Vs. State and another……………...........Opposite-parties Judgment January 17, 2013. Result: The application is rejected. Cases Referred to- Tarique Rahman Vs. Bangladesh, 63 DLR (AD) 18;Pirjada Syed Shariatullah Vs. Government of B......warranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 50. ..Category: Criminal Law | Date: 17 Jan, 2013 | Hits: 11
Md. Sadek Ali Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
....s the said representation and take a decision thereon. The Rule is thus disposed of with the above observations. Shamim Hasnain J. - I agree. Ed. This Case is also Reported in: ......inated consequent thereto. The Mills did not require his service, hence under authority of section 26 (Kha) of the Bangladesh Labour Act, 2006 the petitioner was lawfully terminated from service. The power given under the law to terminate the service of a worker is absolute and without any qualifica......No.CJM/LB/13(Ka) 68 dated 4.8.2011 issued by the General Manager, Crescent Jute Mills Ltd. terminating the writ petitioner from his service of a labour sarder in the said Mills. 2. Facts leading to issuance of the Rule, in brief, are that the writ petitioner joined Crescent Jute Mills Ltd., Kha......s the said representation and take a decision thereon. The Rule is thus disposed of with the above observations. Shamim Hasnain J. - I agree. Ed. This Case is also Reported in: ..Category: Labour and Industrial Law | Date: 13 Jan, 2013 | Hits: 101
Mir Sharafat Ali Vs. Govemment of Bangladesh and others, 2013
....hin 2 (two) weeks time from the receipt of the copy this judgment. The office is directed to communicate the order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 201 ...... well as in domestic ones. We cannot exercise and enjoy citizenship in world perspective without the right to travel abroad; and I see no constitutional way to curb it unless, as I said, there is the power to detain". 25. An interesting article in the Yale Law Journal (Yale Law Journal, Vo......ioner Vs. Govemment of Bangladesh and others…………Respondents Judgment January 10, 2013. Result: The Rule is made absolute. Cases Referred to- Shapiro Vs. Thompson, (1969) 394 US 618; Ebrahim Vazir Vs. Bombay, AIR 1954 SC 229; Kent Vs......hin 2 (two) weeks time from the receipt of the copy this judgment. The office is directed to communicate the order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 201 ..Category: Constitutional Law | Date: 10 Jan, 2013 | Hits: 2
Shafiqul Alam (Md.) Vs. State, 2013, 42 CLC (HCD)
....inst another accused in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 83 ...... Alam Khan had been conspiring to create forged deed for the purpose of grabbing the schedule property. On search, the informant came to know that the accused No. 1 Md. Alam Khan had created a forged power of attorney deed and got it registered showing that the informant and his brother empowered wi......p;………………………….Opposite-party Judgment January 10, 2013. Result: The Rule is made absolute. Cases Referred to- Khizir Haider Vs. State, 73 MLR (AD) 157;13 MLR (AD) 157; Abdul Hague Vs. State, 60 DLR (AD......inst another accused in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 83 ..Category: Criminal Law | Date: 10 Jan, 2013 | Hits: 4
Asaduzzaman Shahid Khan Vs. National Tea Company Ltd and others, 2013, 42 CLC (HCD)
.... folio No.2269 and BO No.12011480037221690, that Respondent No.1 company is a public company, limited by shares, incorporated in the year 1978 under the Companies Act 1913 the government and its financial organizations hold major shares in the company; it has 12 Tea Estates having 10,949.58 hec......ost will be borne by the company: Let a copy of the order be send to the Registrar of the Joint Stock Companies arid Firms. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)110. ...... the order be send to the Registrar of the Joint Stock Companies arid Firms. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)110. ......ost will be borne by the company: Let a copy of the order be send to the Registrar of the Joint Stock Companies arid Firms. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)110. ..Category: Company Law | Date: 9 Jan, 2013 | Hits: 13
Anti-Corruption Commission Vs. Md. Bayazid & others, 2013, 42 CLC (AD)
....rned Special Judge to proceed with the case in accordance with law. The petition is disposed of with the above observations. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 97. ...... exactly as if they were in the Act and are to be of same effect as if contained in the Act and are to be judicially noticed for all purposes of construction and obligation. The exercise of power of making Rules is referable to a power, which confers validity upon it. The Rules framed unde......rent Law and this Rule, the Law will prevail over the Rules. Rules made under a statute must be treated for all purposes of construction or obligations exactly as if they were in the Act and are to be of same effect as if contained in the Act and are to be judicially noticed for all purpos......rned Special Judge to proceed with the case in accordance with law. The petition is disposed of with the above observations. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 97. ..Category: Anti-Corruption Laws | Date: 3 Jan, 2013 | Hits: 6
Md. A.K. Azad Vs. Kaptex Limited and others, 2012, 41 CLC (AD)
....shall stand discharged from its liability" is hereby expunged. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 36. ......sue was not over the encashment and/or apportionment of the amount kept in FDR with the Jamuna Bank Ltd. After disposal of the matter, the Company Court becomes functions officio and it retains no power over the affairs of the company. Even if it is assumed that the amount involved in the FDR wh......Islam Bhuiyan, Advocate-on-Record- For the Petitioner. Mrs. Tania Amir, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No.2985 of 2012. (From the judgment and order dated 2.12.2012 passed by the High Co......shall stand discharged from its liability" is hereby expunged. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 36. ..Category: Company Law | Date: 12 Dec, 2012 | Hits: 30
Amanullah (Md.) and other Vs. Abdul Aziz and others, 2012, 41 CLC (HCD)
.... With the above observations and directions this Rule is disposed of. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 485. ......e Rule with observations. Another set of cadre officers who filed the AT Case before the Administrative Tribunal did not press the case on similar ground. 20. It is true that government has power to increase/decrease cadre strength but it does not have any unguided and arbitrary power to g......Encadrement of the Non-Cadre Family Planning Office's— Encadrement of the non-cadre family planning office's appointed after 1985 in the cadre service but if the government decides to cadre them in the cadre, their seniority is to be fixed by following BCS Seniority Rules, 1983. ...... With the above observations and directions this Rule is disposed of. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 485. ..Category: Constitutional Law, Contempt of Court Law | Date: 5 Dec, 2012 | Hits: 4
Sadek Hossain (Md.) Vs. State and another, 2012, 41 CLC (HCD)
....posal of the case. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 278. ......committed offences under sections 420/120B/467/470/471/109 of the Penal Code read with section 5(2) of the Prevention of Corruption of Act, 1947 in connivance with each other by abusing official power. It has been alleged that plot No.2/B, Lane-5, Road No.2, Block-'K' measuring an area ......istent criminal case by invoking section 561A of the Code of Criminal Procedure does not arise at all……..... (11) Section 561A of the Code of Criminal Procedure can not be utilised to quash an investigation work of the police........(12) Cases Referred to- Abdul Huque Vs......posal of the case. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 278. ..Category: Criminal Law | Date: 3 Dec, 2012 | Hits: 4
Shahidur Rahman Khadem Vs. State and another, 2012, 41 CLC (AD)
.... it relates to enhancement of sentences of fine" are expunged. Leave Petition Nos.16-19 of 2012 are disposed of accordingly. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 296. ...... those mentioned in Order XLVII, rule 1 of the Code of Civil Procedure. In the Code of Criminal Procedure, there is no provision for review of any judgment or order passed by the Court exercising power there under. So, in order to review a judgment or order passed by the Appellate Division in a...... can only be done on the ground of an error apparent on the face of the record. The review of judgment or order passed by the Appellate Division in a civil proceeding may be done on grounds similar to those mentioned in Order XLVII, rule 1 of the Code of Civil Procedure. In the Code of Criminal ...... it relates to enhancement of sentences of fine" are expunged. Leave Petition Nos.16-19 of 2012 are disposed of accordingly. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 296. ..Category: Procedural Law | Date: 3 Dec, 2012 | Hits: 10
Shahidur Rahman Khadem and another Vs. State, 2012, 41 CLC (AD)
.... to enhancement of sentences of fine” are expunged. Leave Petition Nos.16-19 of 2012 are disposed of accordingly. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 147. ......, rule 1 of the Code of Civil Procedure. It is also pertinent to state that in the Code of Criminal Procedure, there is no provision for review of any judgment or order passed by the Court exercising power thereunder. So, in order to review a judgment or order passed by this Division in a criminal p......been filed by the convict-petitioner and Nos.16-19 of 2012 have been filed by the complainant for reviewing the judgment and order passed by this Division on 12.03.2012 in Criminal Petition for Leave to Appeal Nos.266-269 of 2011. All these petitions are disposed of by this judgment. 2. Facts ...... to enhancement of sentences of fine” are expunged. Leave Petition Nos.16-19 of 2012 are disposed of accordingly. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 147. ..Category: Procedural Law | Date: 3 Dec, 2012 | Hits: 162
Advocate Taimur Alam Khondaker Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....y;tration authority, as per the Constitution of the Federation. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 139 ...... 8 of the Constitution it has two committee namely (a) General Council (সাধারণ পরিষদ) and Executive Council (কার্যনির্বাহি পরিষদ) 4. The powers and functions of the General Council is constituted with the founder, general and life time m......istration and Control) Ordinance, (Ordinance No. XLVI of 1961) 1961 Lawyers Involved: Taimur Alam Khondaker, Advocate in person—For the Petitioner. Titus Hillol Rema, Assistant Attorney-General—For the Respondent No. 6. Writ Petition No. 8987 of 2012. Judgment ......y;tration authority, as per the Constitution of the Federation. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 139 ..Category: Administrative Law | Date: 29 Nov, 2012 | Hits: 6
Government of Bangladesh and oth¬ers Vs. Dr. Md. Nazrul Islam Bhuiyan and others, 2012, 41 CLC (AD)
....sed by a Division Bench of the High Court Division in Writ Petition No.29.19 of 2006 is hereby affirmed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 255. ...... doctrine, however, cannot be pressed into aid to compel the Government or the public authority to carry out a representation or promise which is contrary to law or which was outside the authority or power of the officer of the Government or of the public authority to make. There is preponderance of..............Appellants Vs. Dr. Md. Nazrul Islam Bhuiyan and others...............Respondents Judgment November 28, 2012. Result: The appeal is dismissed. Cases Referred to- Customs Custom House, Chittagong Vs. A. Hannan, 42 DLR (AD) 167; Gujarat State Financial Co......sed by a Division Bench of the High Court Division in Writ Petition No.29.19 of 2006 is hereby affirmed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 255. ..Category: Civil Law | Date: 28 Nov, 2012 | Hits: 4
Government of Bangladesh and others Vs. Hamento Kumar Barmon and another, 2012, 41 CLC (AD)
....e Constitution and the provisions of the Services (Re-organization and Conditions) Act, 1990; the writ-respondents were directed to reinstate the writ-petitioners with continuity of their service and financial benefits. The judgment and order of the High Court Division was upheld by the Appellate Di......ry was conducted by the competent authority and on the basis of the report of the enquiry committee, the authority dismissed the petitioners from service. The Ministry of Establishment conferred power upon the Director, Administration, vide Memo No. Sama (A.Pra-1) BPATC/17/92-5 dated 29-10-1995...... Md. A Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Government of Bangladesh and others..............Appellants (in both cases) Vs. Hamento Kumar Barmon....................Respondents (In Civil Appeal No.327 of 2008) Md. Nurul Islam......we find no other alternative but to dismiss the appeals. Accordingly, the appeals are dismissed; no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 152. ..Category: Employment/Service Law | Date: 28 Nov, 2012 | Hits: 12
Esrarul Huq Chowdhury Vs. Md. Amir Hossain, Advocate and another, 2012, 41 CLC (AD)
.... 5 (five) years is set aside and that passed by the Tribunal in the complaint case is restored. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 313,66 DLR (AD) (2014) 1. ......rroneous decision can not be re-heard and corrected. A review lies where an error apparent on the face of the record exists. It is not the re-hearing of the main appeal. In a review, a Court is not empowered to change the decision taken in the main judgment. It is only meant for correction of cleric...... decision can not be re-heard and corrected. A review lies where an error apparent on the face of the record exists. It is not the re-hearing of the main appeal. In a review, a Court is not empowered to change the decision taken in the main judgment. It is only meant for correction of clerical error...... 5 (five) years is set aside and that passed by the Tribunal in the complaint case is restored. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 313,66 DLR (AD) (2014) 1. ..Category: Others | Date: 28 Nov, 2012 | Hits: 23
Syeda Sajeda Chowdhury Vs. State, 2012, 41 CLC (HCD)
....ite. Since the said Writ Petition was withdrawn before the instant petition was filed, no legal complication arises. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ......ent before this Hon’ble court. The petitioner accordingly undertakes to withdraw the Writ Petition for non-prosecution, once the Rule is issued. 12. Section 20 of the ACC Act provides for power of investigation by the ACC. Section 20(2) provides that the Commission may, by notification i......State………………….......................Respondents Judgment November 28, 2012. Result: The Rule is made absolute. Cases Referred to- Bahauddin Nasim Vs. Secretary, Ministry of Home Affairs, Government of the Peoples Republic......ite. Since the said Writ Petition was withdrawn before the instant petition was filed, no legal complication arises. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: 28 Nov, 2012 | Hits: 77
Mohammad Ullah Ashraf Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....thout any order as to cost. The order of stay granted at the time of issuance of the Rule is vacated. Mohammad Bazlur Rahman J. I agree. Ed. This Case is also Reported in: ......thout any order as to cost. The order of stay granted at the time of issuance of the Rule is vacated. Mohammad Bazlur Rahman J. I agree. Ed. This Case is also Reported in: .........Respondents Judgment November 28, 2012. Result: The Rule is discharged. Lawyers Involved: Md. Ozi Ullah, Advocate-for the petitioner. Goutam Kumer Roy, Deputy Attorney General with Ms. Jesmin Sultana Samsad, Assistant Attorney General-For the Respondent no. 1. ......thout any order as to cost. The order of stay granted at the time of issuance of the Rule is vacated. Mohammad Bazlur Rahman J. I agree. Ed. This Case is also Reported in: ..Category: Civil Law | Date: 28 Nov, 2012 | Hits: 109
Giasuddin-al-MamunVs.State and another, 2012, 41 CLC (HCD)
....ceeding is unwarranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 41 ......asuddin-al-Mamun demanded money from one Begum Khadija Islam, Chairman of Nirman Construction, with assurance that an work order would be awarded to her for construction of an 80(eighty) M W capacity power station in Tongi BSCIC Industrial Area through his close friend and business partner Tarique R......another…………….....................Opposite-parties Judgment November 27, 2012. Result: The application is summarily rejected. Cases Referred to- Tarique Rahman Vs. Bangladesh, 63 DLR (AD) 18; Pirjada Syed Shariatullah Vs.Bangladesh, 61 ......ceeding is unwarranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 41 ..Category: Criminal Law | Date: 27 Nov, 2012 | Hits: 5
Fazlul Haque (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....lared to have been issued without lawful authority and to be of no legal effect. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 376. ......tter. He further submits that the second inquiry report has been started by a telephonic order by Deputy Director of CPE in violation of rules of sub-delegation which is a giant violation of abuse of power. 6. Ms. Amatul Karim, the learned Assistant Attorney-General appearing on behalf of the r......Judgment November 22, 2012. Result: The Rule is made absolute. Prohibition of sub-delegation of Power Discretion vested in a particular body or authority can not sub-delegate to some other authority until and unless statute permits such sub-delegation.......... (15) Cas......lared to have been issued without lawful authority and to be of no legal effect. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 376. ..Category: Constitutional Law | Date: 22 Nov, 2012 | Hits: 5
Government of Bangladesh & others Vs. Md. Ghulam Mustafa and others, 2012, 41 CLC (AD)
.... the High Court Division calling for our interference. With the above observations and directions the petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 85. ...... the nation as a whole on the observations that the conduct of respondent Nos.3 and 4 (the Director-General of Health Services, Directorate of Health and the Director, Medical Education and Health Manpower Development, Directorate General of Health Services) who were entrusted with the sacred respon......oners Vs. Md. Ghulam Mustafa and others…………....Respondents Judgment November 22, 2012. Result: The petition is dismissed. Cases Referred to- Kazi Mokhlesur Rahman Vs. Bangladesh, 26 DLR (AD) 44; Dr. Mohiuddin Farque Vs. Bangladesh, ...... the High Court Division calling for our interference. With the above observations and directions the petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 85. ..Category: Others | Date: 22 Nov, 2012 | Hits: 20
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