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Government of Bangladesh represented by the DC, Comilla Vs. Md. Eakub and others, 2004, 33 CLC (HCD)
....Industries is now obliged to return the money received in respect of schedule-1 (kha) property to the plaintiff. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 176. ......Industries is now obliged to return the money received in respect of schedule-1 (kha) property to the plaintiff. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 176. ......................Respondents. Judgment March 25, 2004. Cases Referred to- Howell Vs. Falmouth Boat Construction Ltd, [1951] 2 All England Reports 278; Delhi Cloth and General Mills Ltd Vs. Union of India, AIR 1987 SC 2414; Howell Vs. Falmouth Boat Construction Ltd. [1950] 1 All England Re......Industries is now obliged to return the money received in respect of schedule-1 (kha) property to the plaintiff. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 176. ..Category: Property Law | Date: | Hits: 159
Mainul Hosein and others Vs. Anwar Hossain and others, 2003, 32 CLC (HCD)
....ngle judgment. 2. In writ petition No. 3773 of 1996, Rule Nisi is issued calling upon the respondent No.1 Mr. Anwar Hossain, to show cause as to why he should not be prohibited from holding the post and position of the Executive Director II, Editor, Printer and Publisher of the Daily Ittefaq a......be challenged under the writ jurisdiction. 23. In the case of Jibon Kumar Barman Vs. M Abdul Hye, Chairman of the Election Committee and others reported in 48 DLR 569, question arose whether a member of a Matsajibi Samabaya Samity Ltd. could maintain writ petition challenging rejection of his......esh, 33 DLR 171; Bangladesh Vs. Md. Azizur Rahman, 46 DLR (AD) 19; Madhu Limaye Vs. Superintendent Tihar Jail, Delhi, AIR 1975 (SC) 1505; Ghyas Siddique Vs. Bangladesh, 43 DLR 179; BC and Company Vs. Union of India, AIR 1973 (SC) 107; Bangladesh Vs. Syed Chand Sultana and others, 51 DLR (AD) 24; Dha......retical questions are not to be decided by any Court as those are of only academic importance." 120. Kudrat-e-Elahi Panir challenged the Constitutional validity of the Local Government (Upazila Parishad and Upazila Administration Reorganisation) (Repeal) Ordinance, 1991 on the ground that this..Category: Information Technology Law | Date: | Hits: 324
Moulana Md. Abdul Kader Azadi Vs. Government of Bangladesh and other, 2005, 34 CLC (HCD)
....h the prior permission of the Directorate, Primary Education, and Dhaka as evident in Annexure C to the supplementary affidavit dated 18-4-2005. It is also stated that he voluntarily retired from the post of teacher of the Government Primary School on 4-4-2004 as evident in Annexure-E to the Supplem......ce with law. Therefore, we do not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 114. ......r or orders passed as to this Court may seem fit and proper. 2. The facts leading to the issuance of the Rule, in brief, are: On 15-1-1971, petitioner was appointed Nikah Registrar for Shahpur Union and since then he has been working as such. All of a sudden the appointment of the petitioner ......ce with law. Therefore, we do not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 114. ..Category: Employment/Service Law | Date: | Hits: 81
Jahangir Hossain Howlader (Md.) Vs. CMM, Dhaka and others, 2004, 33 CLC (HCD)
....may seem fit and proper. 2. The facts leading to the issuance of the Rule, in brief, are: 3. The petitioner was appointed as Assistant Collector of Customs on 31-12-1987. He was promoted to the post of Deputy Collector of Customs on 21-4-1993. In 1995, the post of Deputy Collector of Customs w......ls about the incident as evident from (Annexure-K). Thereafter, the Secretary, Ministry of Finance in the Internal Resource Division constituted an inter-ministerial enquiry committee consisting of 4 members to hold an enquiry into the matter and to submit report within one month. Among the members ......no order as to costs. The order of stay granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 106, 26 BLD (HCD) (2006) 83. ......no order as to costs. The order of stay granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 106, 26 BLD (HCD) (2006) 83. ..Category: Criminal Law | Date: | Hits: 158
Abdul Mannan alias Mona Miah Vs. State, 2002, 31 CLC (HCD)
....nd lodged the UD Case No. 5 dated 29-11-1997 and thereafter, he came to know that, in fact, the condemned-prisoner and other co-accused killed his daughter and he was also convinced after getting the post mortem report from the doctor that his daughter was throttled to death and thereafter he filed ...... on the neck and on the head of the victim. He further stated that inquest report was prepared in his presence which he signed. He proved his signature on Exhibit 2. He further stated that the female members of the house of the accused and one Mariam Bibi stated to him that the condemned-prisoner ga......isoner was not in his house rather he was staying with his younger brother at Dhaka and that prosecution case was concocted at the instance of PW 3 Bahar Uddin who was defeated in the election of the Union Parishad by co-accused Nurul Islam and said Bahar Uddin demanded Taka 50,000 from the accused ...... was not in his house rather he was staying with his younger brother at Dhaka and that prosecution case was concocted at the instance of PW 3 Bahar Uddin who was defeated in the election of the Union Parishad by co-accused Nurul Islam and said Bahar Uddin demanded Taka 50,000 from the accused person..Category: Criminal Law | Date: | Hits: 96
Government of Bangladesh and others Vs. Kamrun Nahar and 5 anothers, 2010, 39 CLC (AD)
.... count their seniority from the date of taking over of the college by the Government, (ii) Effective service of the respective teachers shall be counted for the purpose of their promotion to higher post in accordance with the rules made in this behalf." 11. The expressions "effective service"......on Rules, 1981. These petitions are disposed of with the above modification and observations. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 18, VIII ADC (2011) 95, 8 LG (AD) (2011) 21.......on Rules, 1981. These petitions are disposed of with the above modification and observations. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 18, VIII ADC (2011) 95, 8 LG (AD) (2011) 21.......on Rules, 1981. These petitions are disposed of with the above modification and observations. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 18, VIII ADC (2011) 95, 8 LG (AD) (2011) 21...Category: Employment/Service Law | Date: | Hits: 91
....ts.
The impugned judgment and order passed by the High Court Division making the Rules absolute are set aside.
Ed.
This Case is also Reported in: 16 BLC (AD) (2011) 9, VIII ADC (2011) 146.
...... opened on 8-11-2005. This letter of the Chairman, TEC to DCL was issued with the sole intention to upgrade the offer of DCL-SBA to make it responsive, in spite of difference of opinion among the TEC members, the Chairman TEC, ignoring the provisions of Public Procurement Regulations (PPR), 2003 inc......ts.
The impugned judgment and order passed by the High Court Division making the Rules absolute are set aside.
Ed.
This Case is also Reported in: 16 BLC (AD) (2011) 9, VIII ADC (2011) 146.
......ts.
The impugned judgment and order passed by the High Court Division making the Rules absolute are set aside.
Ed.
This Case is also Reported in: 16 BLC (AD) (2011) 9, VIII ADC (2011) 146.
..
Category: Others | Date: | Hits: 164
Jabed Ali alias Kasai Jabed alias Mawra Jabed Vs. State, 2011, 40 CLC (HCD)
....appellant and arrested him on the spot. P.W. 5 Md. Imam Uddin, a constable and member of the raiding party, stated that at the time of occurrence all other members of the team went inside keeping him posted at the main gate of the college. After 15/20 minutes the police personnel brought the appella......ined seven witnesses. Out of them P.Ws.1-2 are seizure list witnesses and are employees of the college. P.W.3 is a local witness. P.W.4 is the informant himself and P.Ws. 5-6 are police personnel and members of the raiding party, while P.W.7 is the investigating officer. 5. After closing the pros......war Ali is acquitted of the charges levelled against him and discharged from his bail bond. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......war Ali is acquitted of the charges levelled against him and discharged from his bail bond. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 44
State Vs. Syduzzaman Faruq, 2010, 39 CLC (AD)
.... have heard the learned Additional Attorney General, perused the F.I.R, the medical evidence and the impugned judgment. The High Court Division while enlarging the respondent on bail noticed that the post mortem report of the victim did not corroborate the gun shot injury allegedly inflicted by the ......he respondent on bail. There is, therefore, no cogent reason to interfere with the same. '' Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 115. ......he respondent on bail. There is, therefore, no cogent reason to interfere with the same. '' Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 115. ......he respondent on bail. There is, therefore, no cogent reason to interfere with the same. '' Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 115. ..Category: Criminal Law | Date: | Hits: 46
Ziaul Karim Farazi and others Vs. Government of Bangladesh, 2009, 38 CLC (AD)
.... and Bangladesh Government Printing Press would be equally treated. Bangladesh Bureau of Statistics, Bangladesh Secretariat, Dhaka floated an advertisement on 06.11.1974 inviting applications for the post of compositors among other posts. The qualification for appointment of compositors had been req......smissed the A.T. Case No. 89 of 2000. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 111, 63 DLR (AD) (2011) 119. ......smissed the A.T. Case No. 89 of 2000. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 111, 63 DLR (AD) (2011) 119. ......smissed the A.T. Case No. 89 of 2000. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 111, 63 DLR (AD) (2011) 119. ..Category: Administrative Law | Date: | Hits: 215
Yusuf Jamil Babu Vs. Bangladesh and others, 2009, 38 CLC (AD)
....etition summarily. 2. The facts of the case, in short, are that upon announcement of the election schedule for Upazila Parishad, the petitioner submitted his nomination paper on 23.11.2008 for the post of Chairman, Daudkandi Upazila Parishad, Comilla. On the date of scrutiny on 17.12.2008, the no...... above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 102. ...... above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 102. ......he High Court Division in Writ Petition No. 10143 of 2008 rejecting the writ petition summarily. 2. The facts of the case, in short, are that upon announcement of the election schedule for Upazila Parishad, the petitioner submitted his nomination paper on 23.11.2008 for the post of Chairman, Daud..Category: Election Law | Date: | Hits: 116
Bangladesh Legal Aid and Services Trust (BLAST) and another Vs. Bangladesh, 2010, 39 CLC (HCD)
....ting laws’ as found in Article 152. So, we can conclude in context that the death penalty per se is not something which is barred by our Constitution. On the other hand Mr. Farooqui has argued that post-promulgation of the Constitution new laws for offences punishable with the death penalty could ......h prescribe the death penalty as punishment. 28. Death sentence is a very emotive issue, which creates emotional reactions in different persons in different ways under different circumstances. The members of the public who are against the death penalty usually may change their views if in a certa......h Secretariat, Dhaka and others .......................Respondents Judgment March 2, 2010. Result: The Rule is made absolute in part. Cases Referred to- Sheela Barse and another Vs. Union of India and others, AIR 1986 Supreme Court 1773; Hussain Muhammad Ershad Vs. Bangladesh and o......a copy of this judgment be communicated at once. Sheikh Abdul Awal J. - I agree. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 194; 15 MLR (HCD) (2010) 145; 30 BLD (HCD) (2010) 194. ..Category: Criminal Law | Date: | Hits: 128
Shahidul Islam Mohan @ Mohan Huzur Vs. State, 2011, 40 CLC (HCD)
....drawing our attention to the deposition of the P.W.1 together with the fact narrated in the FIR submits that the appellant went to India by his valid passport and returned back through Banapole check post and arrested him as suspected accused of Kushtia P.S. Case No.34 dated 19.01.2010 subsequently ......t liberty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......t liberty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......t liberty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 91
Mehnaz Sakib Vs. Bangladesh, 1999, 28 CLC (HCD)
....se the detenu Mrs. Jobaida Rashid now detained in Dhaka Central Jail, Dhaka forthwith if she is not wanted in connection with any other case. Ed. This Case is also Reported in: 52 DLR (2000) 526....... be released forthwith. 2. Facts leading to the issuance of this Rule are as follows: The detenu Mrs. Zubaida Rashid is the wife of Col (Retd) Khanker Abdur Rashid a retired Army Officer and ex-member of Parliament who has been convicted in Dhanmondi PS Case No.10(10)96. The detenu has been......se the detenu Mrs. Jobaida Rashid now detained in Dhaka Central Jail, Dhaka forthwith if she is not wanted in connection with any other case. Ed. This Case is also Reported in: 52 DLR (2000) 526.......se the detenu Mrs. Jobaida Rashid now detained in Dhaka Central Jail, Dhaka forthwith if she is not wanted in connection with any other case. Ed. This Case is also Reported in: 52 DLR (2000) 526...Category: Criminal Law | Date: | Hits: 64
....6/93 is hereby set aside and the appellant’s mark is restored to its original position.
Send down the lower Court records expeditiously.
Ed.
This Case is also Reported in: 51 DLR (1999) 237....... became the proprietor of the mark under section 14(1) of the Trade Marks Act and the conduct of the appellant in getting the mark registered was not honest and the same was calculated to deceive the members of the public. The marks registered in the name of appellant is identical with the mark of t......the well known trade marks may be protected under this convention to which Bangladesh is also a signatory.
Article 6 of Paris Convention reads as follows:
“Article 6(1). The countries of the Union undertake, ex officio if their legislation so permits, or at the request of an interested part......6/93 is hereby set aside and the appellant’s mark is restored to its original position.
Send down the lower Court records expeditiously.
Ed.
This Case is also Reported in: 51 DLR (1999) 237...
Category: Intellectual Property Law | Date: | Hits: 319
Abdur Rahim Chowdhury Vs. Bangladesh Bank, Dhaka and others, 1997, 26 CLC (HCD)
.... came to be known as Rupali Bank. The petitioner served in Rupali Bank in various capacities till 1982 when he left the bank to join Arab Bangladesh Bank as its Vice President. He was promoted to the post of Managing Director of Arab Bangladesh Bank in March 1994 in the normal course. While acting a......n the prayer of the petitioner let the operation of the order be stayed for 4 days to enable the petitioner to move the Appellate Division. Ed. This Case is also Reported in: 51 DLR (1999) 231. ......n the prayer of the petitioner let the operation of the order be stayed for 4 days to enable the petitioner to move the Appellate Division. Ed. This Case is also Reported in: 51 DLR (1999) 231. ......n the prayer of the petitioner let the operation of the order be stayed for 4 days to enable the petitioner to move the Appellate Division. Ed. This Case is also Reported in: 51 DLR (1999) 231. ..Category: Employment/Service Law | Date: | Hits: 79
Sayed Nurul Hossain Vs. Secretary, Ministry of Industries, 1998, 27 CLC (HCD)
.... was not necessary to issue any show cause notice upon the petitioner before cancelling his appointment which was illegal ab initio and did not confer upon the petitioner any right to continue in the post. Further, though the appointment of the petitioner was cancelled on 29-6-1992 the petitioner di......yment of the petitioner and accordingly no interference is called for. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 226.......aster of Non Government Secondary School within the meaning of section 2(1)(h)(i) of the Intermediate and Secondary Education Ordinance, 1961 was disqualified from election to the post of Chairman of Union Parishad under section 7(2)(c) of the Local Government Ordinance 1983 as in view of the recogn......of Non Government Secondary School within the meaning of section 2(1)(h)(i) of the Intermediate and Secondary Education Ordinance, 1961 was disqualified from election to the post of Chairman of Union Parishad under section 7(2)(c) of the Local Government Ordinance 1983 as in view of the recognition ..Category: Employment/Service Law | Date: | Hits: 117
Shahidul Vs. State, 1998, 27 CLC (HCD)
....not wanted in any other case. Send down a copy of judgment along with the LC record to the trial Court for information and necessary action. Ed. This Case is also Reported in: 51 DLR (1999) 222.......pugned judgment and order of conviction deserves no interference. He lastly submits that the learned trial Court based its finding on the averments of co-accused and that the accused petitioner being member of the same gang who had opportunity to flee away from the place of occurrence when one of hi......not wanted in any other case. Send down a copy of judgment along with the LC record to the trial Court for information and necessary action. Ed. This Case is also Reported in: 51 DLR (1999) 222.......not wanted in any other case. Send down a copy of judgment along with the LC record to the trial Court for information and necessary action. Ed. This Case is also Reported in: 51 DLR (1999) 222...Category: Criminal Law | Date: | Hits: 33
Amora Holding Inc. Vs. Bangladesh, 1998, 27 CLC (HCD)
....llowed. The office is directed to return the above certified copies alter furnishing of the Photostat copies of the same by the petitioner. Ed. This Case is also Reported in: 51 DLR (1999) 211. ......toms. However, in the meantime on 2-1-86 one Md. Abdul Alim Mollick, Inspector, Customs House, Chittagong also lodged a complaint with the Port Police Station, Chittagong against the captain and crew members of the vessel along with some other persons including driver and crew of fishing trawler Sha......llowed. The office is directed to return the above certified copies alter furnishing of the Photostat copies of the same by the petitioner. Ed. This Case is also Reported in: 51 DLR (1999) 211. ......llowed. The office is directed to return the above certified copies alter furnishing of the Photostat copies of the same by the petitioner. Ed. This Case is also Reported in: 51 DLR (1999) 211. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 198
Md. Monir Hossain @ Babu Vs. State, 2011, 40 CLC (HCD)
....ty to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ......ate, Jhalokati. 2. Prosecution case in short is that on 18.8.2009 one Momtazuddin lodged an FIR with Jhalokati Police Station alleging inter alia that 18.8.09 while he was sleeping with his family member in his dwelling house situated at west Jhalokati village at night at about 2.30 hours 10 to 1......ty to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ......ty to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 50
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