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Bangladesh Vs. Shafiuddin and Others, 1997, 26 CLC (AD)
.... interpretation of clause (2) of Article 140 is that a law shall be enacted first and the regulations not inconsistent with the law shall follow next. Regulation shall follow the law. It cannot stand independently. No law has been enacted by Parliament under clause (2) of Article 140. The making of ......nstitution. The entire Article 140 runs thus “140. (1) The functions of a public service commission shall be— (a) to conduct tests and examinations for the selection of suitable persons for appointment to the service of the Republic; (b) to advise the President on any matter in which th..Category: Constitutional Law | Date: | Hits: 185
Bangladesh Shilpakala Academy Vs. Shahidul Islam and another, 1997, 26 CLC (AD)
....as liable to be declared as such. This appeal must, therefore, fail. It is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 1. ......on consideration of the resolutions and the provisions of the Rules of 1985 observed that in spite of the two resolutions it cannot be said that the Director General has been vested with the power of appointment of the respondent and it cannot be said that the Director General is the appointing auth..Category: Employment/Service Law | Date: | Hits: 145
Mahmudul Islam alias Ratan vs. State, 2000, 29 CLC (AD)
....sed Sekandar his son accused Bijoy assaulted Munir. He also testified that Police seized full pant, ganji, jangia of the deceased. He was also a seizure list witness. PW 8 Gazi Mozaffar Hossain is an independent witness who had no enmity against the accused. He also recognised accused Ratan assaulti......ge of the High Court Division. Let a copy of this judgment be transmitted to the author Judge of the High Court Division forthwith. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 1. ..Category: Criminal Law | Date: | Hits: 108
State Vs. Nurul Islam, 2006, 35 CLC (AD)
.... assessment of the evidence on record it is found that confessional statement of the respondent under section 164 of the code of Criminal Procedure was corroborated by independent witness and also by documentary evidence and further by circumstantial evidence and......esh Ali kabiraj of village Putia, Police Station Bhedorganj, District, Shariatpur be arrested immediately and then enlarged on bail to the satisfaction of the Deputy Commissioner Concerned. Ed ..Category: Criminal Law | Date: | Hits: 106
Syed S.M. Hasan Vs. Bangladesh, 2002, 31 CLC (AD)
....le of equity and good conscious. In the result, this appeal is dismissed without an order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 76. ...... qualification, experience, annual confidential report and interview and thus evaluating the merit of the candidate as contemplated in clause (3) of the said notification. The list was valid for appointment upto 30th day of June 1998 when panel of 1997 was prepared fixing the date and thereafte..Category: Administrative Law | Date: | Hits: 130
Srwardi Shaikh and others Vs. The State, 2006, 35 CLC (AD)
.... aside. 6. It is further contended that the alleged eye-witnesses namely P.Ws. 2, 7 and 8 on whom the learned Judges of the High Court Division placed reliance are not at all reliable and independent witnesses they contradicted themselves with one another on the vital and material p......ecord, the learned Judges of the High Court Division rightly dismissed the appeal. Interference is not called for accordingly this petition for leave to appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 99
M/S. Concord Engineers & Construction Ltd Vs. Chief Engineer Road & Highways Dept, 2006, 35 CLC (AD)
.... We do not find any cogent reason to interfere with the unreasoned impugned judgment and order. For the reason aforesaid, this appeal is dismissed without any order as to costs. Ed. ......be settled through Arbitration in terms of clause 25 of the Bangladesh Tender Form No. 2911 as amended on 23.9.1987. The aggrieved party would, thereafter, refer the dispute to the Chief Engineer for appointment of an Arbitrator of Arbitrators for arbitrating the dispute. The Chief Engineer was, the..Category: Alternative Dispute Resolution | Date: | Hits: 229
Khalilur Rahman A.S. P. S. B Dhaka Vs. Md. Kamrul Ahsan and others, 2005, 34 CLC (AD)
....discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 486. ......2.1998 and 23.22.1998 . As stated hereinbefore while the case before the AT was pending for final hearing the Respondent Nos. 1-11 asserting that the authorities are taking steps for making further appointment on promotion in the post of Additional Superintendent of police. The application so file..Category: Administrative Law | Date: | Hits: 152
Ismat Zerin Khan Vs. The World Bank and others, 2006, 35 CLC (AD)
.... order of the High Court Division and the trial Court is hereby directed to hear the suit on all issues including the issue regarding maintainability in accordance with law. Ed. ......immunities from legal process with respect to acts performed by them in their official capacity unless the same has been waived inasmuch as from averment of the plaint itself give rise to contract of appointment, the appellant has no character or legal right for the declaration and as such the ..Category: Employment/Service Law | Date: | Hits: 211
Hamidul Huque, Managing Director, UCBL & anr Vs. Akhteruzzaman Chowdhury, 2006, 35 CLC (AD)
....3) of the Companies Act, 1994 (hereinafter called "the Act") and also prayed for calling, holding and conducting the AGM for the years 1998-2000 under the Chairmanship of a neutral and independent person and the Company Court after hearing the parties by its order dated 15.4.2002 was ......ered by the Court. 15. In view of the above, we find no cogent reason to interfere with the impugned order of the High Court Division. In the result, the appeal is dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 118
Md. Nurul Hoque Miah Vs. Bangladesh, 2005, 34 CLC (AD)
....s. 19. In that view of the observation and direction as above, this appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 53. ......tion of the impugned gradation list of 1985 of the officers of the Bangladesh Civil Service (Finance: Taxation) to show the appellant's seniority in the Taxes Department from the date of the original appointment i.e. 7.10.1963 with all attending benefits of promotion. 14. It appears from Annexur..Category: Administrative Law | Date: | Hits: 162
Category: Employment/Service Law | Date: | Hits: 96