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Matiur Rahman (Md) Vs. People's Republic of Bangladesh and others, 2002, 31 CLC (HCD)

....the writ petition changing his status and transfer as Darowan is declared to have been passed without lawful authority and of no legal effect. Ed. This Case is also Reported in: 55 DLR (2003) 26.......the writ petition changing his status and transfer as Darowan is declared to have been passed without lawful authority and of no legal effect. Ed. This Case is also Reported in: 55 DLR (2003) 26....... Vs. People's Republic of Bangladesh and others..................Respondents Judgment April 24, 2002. Cases Referred To- Modern Dyeing and Screen‑printing Ltd Vs. The Secretary, Ministry of Commerce and others in Writ Petition No. 2848 of 2001; Shahabuddin Vs. Bangladesh, 45 DL..

Category: Labour and Industrial Law | Date: | Hits: 71

Aliluddin and others Vs. Ministry of Land Administration and Land Reforms & others, 1999, 28 CLC (HCD)

....hout lawful authority and to be of no legal effect. In the result, the Rules are discharged without however any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 112. ......hout lawful authority and to be of no legal effect. In the result, the Rules are discharged without however any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 112. ...... DLR (HCD) (2000) 112. ..

Category: Property Law | Date: | Hits: 31

Idrish Ali Bhuiyan (Md) Vs. Dr. Alauddin Ahmed & ors., 2002, 31 CLC (HCD)

....ndment petition stated that the petitioner's amendment petition is filed pending hearing of his petition for dismissal of the original election petition as a measure to save the election petition and prior to the decision under Article 58(a) of the People's Act 1974, the amendment petition cannot be......g out the name of respondent Nos. 1‑3, 8 & 9 and the prayers 'b', ‘c’, ‘d’ & ’e’ in the prayer portion of the election petition. Ed. This Case is also Reported in: 55 DLR (2003) 19.......g out the name of respondent Nos. 1‑3, 8 & 9 and the prayers 'b', ‘c’, ‘d’ & ’e’ in the prayer portion of the election petition. Ed. This Case is also Reported in: 55 DLR (2003) 19...

Category: Election Law | Date: | Hits: 85

Humayun Majid Vs. Bangladesh Bureau of Anti-Corruption and ors., 2000, 29 CLC (HCD)

....t, the Rule is made absolute with cost of Taka 5,000 against the respondent No. 6 and no order as to cost is made against other respondents. Ed. This Case is also Reported in: 54 DLR (2002) 12. ......t, the Rule is made absolute with cost of Taka 5,000 against the respondent No. 6 and no order as to cost is made against other respondents. Ed. This Case is also Reported in: 54 DLR (2002) 12. ...... name and style M/S Jaleel Brothers Engineering Ltd, company respondent No. 7 which was declared as an abandoned property and was taken over by the District Management Board having been vested in the Ministry of Commerce. 5. The Government subsequently ran the said company through a caretaker Sha..

Category: Anti-Corruption Laws | Date: | Hits: 232

Abdul Kader Mirza and another Vs. Bangladesh, 2003, 32 CLC (HCD)

....he Writ Petition No. 5951 of 2003 is disposed of with the direction as given above and Writ Petition No. 6047 of 20031 is rejected summarily. Ed. This Case is also Reported in:56 DLR (2004) 31. ......he Writ Petition No. 5951 of 2003 is disposed of with the direction as given above and Writ Petition No. 6047 of 20031 is rejected summarily. Ed. This Case is also Reported in:56 DLR (2004) 31. ......isdiction) Present: Amirul Kabir Chowdhury J Syed AB Mahmudul Huq J Abdul Kader Mirza and another…………………….. Petitioners Vs. Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamen­tary Affairs and others ....................... Respondents ..

Category: Criminal Law | Date: | Hits: 50

National Bank Ltd. and others Vs. Habib Bank Ltd. and others, 2002, 31 CLC (HCD)

....ord 'negotiation' was not defined in ICC Rules 1984 but it was correctly defined in the revised ICC Rules 500. He submits that the said definition should also be equally applicable to any transaction prior to 1994. As such, he submits that since the Habib Bank Ltd. on 18th March, 1986 negotiated the...... dismissed. In the circumstances, there shall be no order of costs in any of the appeals. Send down the lower Court records forthwith. Ed. This Case is also Reported in: 56 DLR (2004) 15. ...... dismissed. In the circumstances, there shall be no order of costs in any of the appeals. Send down the lower Court records forthwith. Ed. This Case is also Reported in: 56 DLR (2004) 15. ..

Category: Business or Commercial Law | Date: | Hits: 202

Abul Hossain and others Vs. State and another, 2003, 32 CLC (HCD)

....sons under sections 143/447/323/324/379/114 of the Penal Code. 5. The case was ultimately, received by one Mr. Md. Nazmul Huda Siddique, Magistrate, 2nd Class, Nilphamari for trial on transfer and prior to transfer charges were framed against accused Abul Hossain under sections 147/379/324/109 an......esolved and decided in the case only on a proper discussion and assessment of evidence on record. This application is rejected summarily. Ed. This Case is also Reported in: 56 DLR (2004) 12. ......esolved and decided in the case only on a proper discussion and assessment of evidence on record. This application is rejected summarily. Ed. This Case is also Reported in: 56 DLR (2004) 12. ..

Category: Criminal Law | Date: | Hits: 34

Abu Jafar Md. Nurul Islam Vs. DG, Department of Environ­ment, Government of Bangladesh and others, 2003, 32 CLC (HCD)

....ting wastage which is harmful for the human being and also creates noise and air pollution in the surrounding area. The inquiry having been held within the knowledge of the petitioner non-issuance of prior notice for holding such inquiry did not cause any prejudice to the petitioner. No one of the l......as to this Court may seem fit and proper. 2. In the writ petition it has been stated, inter alia, that on 19‑5‑2002 the petitioner filed an application before the respondents for environmental clearance certificate to install a factory at 58/2 Senpara (Parbata) Mirpur, Section 10, Dhaka. The ...... It has further been stated that one Mrs. Ferdous‑Ara Khanam of 58/A Senpara (Parbata) Section 10, Mirpur Dhaka a neighbour of the petitioner is the Behan of the present Minister in­ charge of the Ministry of Environment and Forest. Recently a land dispute arose between the petitioner's wife and ..

Category: Environmental Law | Date: | Hits: 226

Didarul Kabir (Md) Vs. Commissioner of Customs and others, 2001, 30 CLC (HCD)

....nd other floating structures of Heading No. 8908 and when presented for the purpose of breaking up, such vessels may be obsolete or damaged and may have had their instruments, machinery, etc. removed prior to presentation. In the instant case the petitioners submitted that the scrap vessel LDT is th......ischarged however without any order as to cost. The respondents are at liberty to realise the balance dues by encashing the Bank Guarantee. Ed. This Case is also Reported in: 55 DLR (2003) 11.......ischarged however without any order as to cost. The respondents are at liberty to realise the balance dues by encashing the Bank Guarantee. Ed. This Case is also Reported in: 55 DLR (2003) 11...

Category: Fiscal/Taxation Law | Date: | Hits: 77

Narayanganj High School and others Vs. Pran Ballave Saha Banik and others, 1998, 27 CLC (HCD)

....ts that in terms of Clause 12 of the Services Regulations of the Board of Intermediate and Secondary Education, Dhaka no teacher of a High School under the Board can be dismissed from service without prior approval of the Board and as the impugned order not being a final order the plaintiff ought to......ffirmed by the District Judge, Narayanganj in Title Appeal No.60 of 1990, are maintained. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 90.......ffirmed by the District Judge, Narayanganj in Title Appeal No.60 of 1990, are maintained. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 90...

Category: Employment/Service Law | Date: | Hits: 72

SA Coconut Mills Ltd. Vs. Government of the People’s Republic of Bangladesh and Others, 2001, 30 CLC (HCD)

....sion we are of the opinion that the Rule is liable to be discharged. In the result the Rule is discharged. There will he no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 1. ......sion we are of the opinion that the Rule is liable to be discharged. In the result the Rule is discharged. There will he no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 1. ......rs………. Respondents Judgment August 23, 2001. Cases Referred to- Talekhal Progressive Fishermen’s Co-operative Society Ltd. vs. Bangladesh, 1981 BLD (AD) 103; ABM Quabil Ahmed vs. Ministry of Health, 44 DLR 385; Queen vs. Guardians of the Lewisham Unions (1897) 1QB 498; Dr Nurul ..

Category: Fiscal/Taxation Law | Date: | Hits: 108

Delwar Hossain Sowdagar Vs. State, represented by the Deputy Commissioner, 2002, 31 CLC (HCD)

....he fact that from the total demand of Taka 2,52,34,061 the complainant's claim has come down to Taka 1,51,57,600/50 evidencing payment of portion of the outstanding dues. Furthermore, he submits that prior to the filing of the petition of complaint, the petitioner filed Money Suit No. of 2001 in the......tive claims in the civil Court. In that view of the matter the impugned proceedings are quashed. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 55 DLR (2003) 5. ......tive claims in the civil Court. In that view of the matter the impugned proceedings are quashed. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 55 DLR (2003) 5. ..

Category: Civil Law | Date: | Hits: 83

Borhan Uddin (Md), Advocate Vs. Secretary, Ministry of Law, Justice and Parliamentary Affairs and others, 1999, 28 CLC (HCD)

....ublic Prosecutor or an Advocate who is not a Public Prosecutor he needs to be asked to show cause before his removal. 14. It is correct that this provision or Cr.PC does not require any show cause prior to removal. This is when no reason is given for the removal. But when imputation is made direc......val of the petitioner is illegal and without any lawful authority. The Rule is accordingly disposed of without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 81....... Appellate Division (Special Original Jurisdiction) Present: Mainur Reza Chowdhury J M A Aziz J Borhan Uddin (Md), Advocate………………………..Petitioner Vs. Secretary, Ministry of Law, Justice and Parliamentary Affairs and others………Respondents Judgment Ju..

Category: Employment/Service Law | Date: | Hits: 108

M Saleem Ullah, Advocate and others Vs. Bangladesh, 2002, 31 CLC (HCD)

....aka into residential plots and police station is hereby declared to have been made without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 55 DLR (2003) 1. ......aka into residential plots and police station is hereby declared to have been made without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 55 DLR (2003) 1. ...... Jurisdiction) Present: MM Ruhul Amin J Md. Bazlur Rahman J M Saleem Ullah, Advocate and others………………………..Petitioners Vs. Bangladesh, represented by the Secretary, Ministry Housing and Public Works and others………………………..Respondents Judgment ..

Category: Environmental Law | Date: | Hits: 259

Jamal Hossain (Md.) and others Vs. Chairman, 2nd Court of Settlement, Abandoned Buildings, Dhaka and others, 1999, 28 CLC (HCD)

....f Public Works and Urban Development for information at once. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 67.......f Public Works and Urban Development for information at once. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 67.......f limitation could nowhere be found in the Limitation Act or in any other special Act providing limitation, this may be through inadvertence or mistake that 180 days has been printed as 108 days. The Ministry of Law, Justice and Parliamentary Affairs shall look into the matter and if it is a mistake..

Category: Property Law | Date: | Hits: 28

Bangladesh Vs. Md. Moazzem Hossain Bhuiyan and Others, 2009, 38 CLC (AD)

....sident of the 2nd Ad-hoc Governing Body. Thus we do not find any merit in the leave petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 30 BLD (AD) (2010) 65. ......sident of the 2nd Ad-hoc Governing Body. Thus we do not find any merit in the leave petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 30 BLD (AD) (2010) 65. ......in: 30 BLD (AD) (2010) 65. ..

Category: Civil Law | Date: | Hits: 81

Dr Abeda Begum and others Vs. Public Service Commission and others, 2006, 35 CLC (HCD)

....e daily Ittefaq dated 23-10-2001 were marked as Annexures E and E(l) respectively. The aforesaid 292 candidates including the petitioners were required to attend the Psychological written examination prior to appearing at the Viva-Voce Examination. They successfully appeared at the Psychological wri...... expediti­ously. Communicate a copy of the judgment imme­diately to the respondent No. 1 PSC for taking necessary steps expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 182. ......cretary to Government of West Bengal AIR 1964 Cal 265, 272; Shearer vs. Shield 1914AC 808; Dr. Nurul Islam vs. Bangladesh 1981 BLD (AD) 140 = 33 DLR (AD) 201; Mansurul Aziz and another vs. Secretary, Ministry of Land Administration and Land Reforms and others 1981 BLD (AD) 75; Khondker Moshtaque Ahm..

Category: Employment/Service Law | Date: | Hits: 134

AMC Bennett and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)

....petition seems to be frivolous and without any substance. Accordingly, the Rule is discharged with cost of Taka 15,000 (fifteen thousand). Ed. This Case is also Reported in: 59 DLR (2007) 178.......petition seems to be frivolous and without any substance. Accordingly, the Rule is discharged with cost of Taka 15,000 (fifteen thousand). Ed. This Case is also Reported in: 59 DLR (2007) 178.......redecessor's lands were requisitioned and acquisitioned in LA Case No. 2 of 1987-88 under the provision of the Acquisition and Requisition of Immovable Property Ordinance, 1982. The respondent No. 2, Ministry of Lands, imposed a precondition amongst others, that the family of the owners affected by ..

Category: Property Law | Date: | Hits: 34

Tahera Begum and others Vs. First Court of Settlement and others, 2006, 35 CLC (HCD)

....ly included in the 'kha' list of the abandoned buildings. In the result, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 59 DLR (2007) 173. ...... Siddique) and the photo copy of the said sanction letter is marked as Annexure-C to this writ petition. He also paid the Government dues in respect of his house amounting to Rs. 1,800 and obtained a clearance certificate from the office of the Administrative Officer, Mohammadpur and Mirpur Housing ......of the original sale deed being No. 23434 dated 14-12-72 is annexed to the writ petition and is marked as Annexure-K. 7. It appears from the Memo No. Sha-4/IBA-18/79/183/1(2) dated 3-2-79 that the Ministry of Public Works and Urban Development itself had hired the case house for the purpose of fa..

Category: Property Law | Date: | Hits: 29

AVP, Uttara Bank Ltd. Vs. Shahabuddin Khan and others, 2006, 35 CLC (HCD)

....ntiff-opposite party No. 1 was transferred to Khulna from Mymensingh; that his service was not satisfactory; that he was always irregular in his duty and used to remain absent from his duties without prior permission of the authority; that for such negligence and unauthorised absence in duties he wa...... cost. Send down the lower Court's records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 166. ...... cost. Send down the lower Court's records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 166. ..

Category: Employment/Service Law | Date: | Hits: 69