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Major General Moinul Hossain Chowdhury Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)

....t High Court Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Abu Sayeed Ahammed J Major General Moinul Hossain Chowdhury………………Petitioner Vs. Government of Bangladesh represented by the Secretary and others………………Respondents Jud......977 with the rank of Brigadier and was Chairman of the Governing Body of the Bangladesh Cadet Colleges. 4. The petitioner while holding the post of Major General having been promoted on 8-8-80 his service was placed at the disposal of the Ministry of Foreign Affairs for appointment as Ambassador ..

Category: Employment/Service Law | Date: | Hits: 244

Syed Matiur Rahman Motiur Rahman @ Motiur Rahman Vs. State, 1983, 12 CLC (AD)

.... on 2.1.81 the Public Prosecu­tor filed a petition, with a prayer for according consent for withdrawal of the case in respect of the appellant and another co-accused Yunus Jamadar on the ground that Government has withdrawn the case in respect of the said two accused persons, vide Memo No.3497(2) J......beration Struggle (Indemnity) Order, 1973. Relevant Article 3 of the said order is quoted below: "3. A public prosecutor shall, upon the Government certifying that a case against any person in the service of the Republic or against any other person for or on account of or in respect of any act do..

Category: Criminal Law | Date: | Hits: 82

A.S.S. Mohammad Ali Vs. State and another, 1983, 12 CLC (AD)

.... the proceeding against the appellant which has been narrated above. 10. It is common ground that the "pres­cribed authority" in the case of the Zilla Parishad is the Commissioner under the Local Government Ordinance, 1976. Section 80 provides that no Court shall take cognizance of any offence u......he High Court Division is set aside and the proceeding in Special Case No.15 of 1980 pending before the Special Judge, Bogra is quashed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 324...

Category: Criminal Law | Date: | Hits: 81

Abdul Khalek Mia Vs. Maya Debi & others, 1983, 12 CLC (AD)

.... was contended that some of the heirs of Rajani Kanta namely, Monoranjan Singha, Atomba Singha and Maya Debi left for India and the share of these persons have become enemy property and vested in the Government and the Government granted settlement of two-fifth share of the suit pre­mises in V.P. C...... In the result therefore this appeal is allowed and the judgment of the High Court Division is set aside without any order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 310...

Category: Property Law | Date: | Hits: 113

Eastern Beverage Industries Ltd. and Others Vs. Bangladesh and others, 1994, 23 CLC (HCD)

....and collection of excise duty. In the year of 1961 by amendment a new sub‑section namely, sub‑section (4) was added to section 3 of the Central Excise and Salt Act, 1944. It provided that Central Government may in lieu of levying and collecting duties of excise on excisable goods under section 3......s, and sometimes upon the retail sales thereof. The scheme of the Central Excise and Salt Act suggests that "excise duty" generally signifies an impost on production of commodities in Pakistan and on services provided and rendered in Pakistan. "Production capacity", according to KG Lockyer in this b..

Category: Fiscal/Taxation Law | Date: | Hits: 199

Reza (Md.) Vs. Executive Engineer, Facilities Department, and others, 1997, 26 CLC (HCD)

....obility gifted the said land to the opposite party No.3 the Girls High School, for extension of women's education in the locality and with the help and supervision of the Facilities Department of the Government construction work of school building was going on covering plot Nos. 155, 153 and suit pl......n the result, the Rule is discharged without any order as to costs. The order of stay, granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 434...

Category: Civil Law | Date: | Hits: 93

Moazzem Hossain Vs. State, 1983, 12 CLC (AD)

.... Court was closed from 18th to 26th February, 1983. So his absence on 28th February is for unders­tandable reason and whether his leave will be granted or not is for the appointing authority, namely Government. But it is not understood why the Jessore Bench attempted to make so much out of such inn......fructuous order. Syed Md. Hossain Ali, J.- I fully agree with my learned brother Shahabuddin Ahmed, J. I find hardly anything to add. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 290...

Category: Criminal Law | Date: | Hits: 116

M/s. Railway Men's Stores Ltd., & another Vs. Chairman, La­bour Court, Chittagong & another, 1977, 6 CLC (AD)

....of the Constitution. In the result, the appeal is allowed without any order as to costs. The order of the Labour Court is set aside. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 251. ...... Constitution, refu­sing to interfere with an order made by the Labour Court, Chittagong under section 34 of the Industrial Relations Ordinance, 1969, reinstating an employee of Appellant No.1 whose service was terminated under section 19 (1) of the Employment of Labour (Standing Order) Act, 1965. ..

Category: Labour and Industrial Law | Date: | Hits: 167

Nakuleswar Sana Vs. State, 1983, 12 CLC (AD)

....f Tk. two lacs by the said Branch Manager and the repayment started from 7-5-75 according to terms. The Regional Manager considered that the over-draft facility had been given by way of violating the Government order and the Bank Rules. He lodged the F.I.R. on 15-5-75 alleging (a) that during last d......and the Bank Rules. He lodged the F.I.R. on 15-5-75 alleging (a) that during last demonetisation of 100 taka notes accused Sultan Hossain committed gross, irregularities and he was suspended from the service of the Bank by order of the Head Office dated 25-4-75 pending enquiry into the matter; (b) i..

Category: Criminal Law | Date: | Hits: 95

A.F. Shahab Uddin Ahmed Vs. National Shooting Federation and others, 2010, 39 CLC (HCD)

....Sports and others, 45 DLR 360; R Vs. Titchmarsh, 1915, 22 DLR 272; R Vs. Lowle 1759, 2Bnrn 834; R Vs. Glamarganshire Inhabitants (1700, Ltd. Raym 580); Board of Education Vs. R-ice 1911 AC 179; Local Government Board Vs. Aldridge (1915 AC 120); Draymond Vs. South West Water Authorities (1976 AC 609)......r administrative purposes, for example, to direct the Sherif to find out whether one who has been granted the ‘King’s protection in ferrying in the city, instead of journing forth in the King’s service’, the Escheat or to certify into the Chancery the value of the Knights, to bring into the ..

Category: Property Law | Date: | Hits: 159

Alhaj Advocate Ahmed Ullah Foundation Vs. Dhaka City Corporation, Represented by the Mayor, Nagor Bhaban, Dhaka and others, 2011, 40 CLC (HCD)

....nt and the garden the petitioner has erected and set up, and to allow the petitioner to maintain the same, unhindered. Gobinda Chandra Tagore J. - I agree. Ed. This case is also Reported in: ......y of State for Home Department, ex-parte Oloniluyi (1989 Imm. A.R 135); R Vs. Gaming Board of Great Britain ex parte Kingsley 1996 COD 241; R Vs. Commissioners of Customs and Excise exparte F & 1 services Ltd EWCA Civ 762); R Vs. Department of Education and Employment, exparte Begbic (2000 1 WLR..

Category: Civil Law | Date: | Hits: 218

Manzur Ahmed Vs. Rajdhani Unnayan Kartipakkha (RAJUK) & others, 2010, 39 CLC (HCD)

.... Result: The Rule is made absolute. Cases Referred to- CQMH Md. Ayub Ali Vs. Bangladesh, 47 DLR (AD) 71; Mrs. Amena Khatun Vs. Chairman, Court of Statement, 15 MLR (AD) 438 = 63 DLR (AD) 1; Government of Bangladesh Vs. Md. Jalil, 48 DLR (AD) 10; Hazerullah Vs. Chairman, 1st Court of Settle...... Court Division in First Appeal No.585 of 2001 within 30 days from receipt of the copy of this judg­ment. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 198. ..

Category: Property Law | Date: | Hits: 127

Kazi Asmat Ullah Vs. Belayet Ali Sheikh and others, 2009, 38 CLC (HCD)

....as Shah Alam Vs. Amir Sultan Ali Haider, 38 DLR (AD) 133; Md. Shah Alam Vs. Farida Begum, 2 MLR (AD) 153 = 2 BLC (AD) 92; Additional Deputy Commissioner (Revenue) Vs. Md. Reasuddin Pk, 5 BLC (AD) 76; Government of the Republic of Bangla­desh, represented by the Deputy Commissioner Feni Vs. Har Chan......nt and decree passed by the Court below are set aside. The suit is dismissed. Send down the lower Courts records immedi­ately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 173. ..

Category: Property Law | Date: | Hits: 123

Sheikh Hasina Wazed alias Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)

....ik Vs. State, 52 DLR 335; Syed Musta-fizur Rahman Vs. State, 53 DLR 125; Kazi Obaidul Haque Vs. State, 51 DLR 25; Muqbul Ahmed Vs. Hamidul Bari, 5 BCR (1985) 184; Barrister Md. Rafiqul Islam Miah Vs. Government of Bangladesh, 59 DLR 407; Gokulchand Dwarkadas Morarka Vs. King, AIR 1948 Privy Council ......bearing to do any official act, or for showing or for bear­ing to show, in the exercise of his official func­tions, favour or disfavour to any person, or for rendering, or attempting to render, any service or disservice to any person, with the Govern­ment or Legislature, or with any public servan..

Category: Criminal Law | Date: | Hits: 156

Human Rights and Peace for Bangladesh (HRPB) and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....ument. 4. The matter involves immense public importance. The Mohasthangor has a great significance in our history. It is also a public place which is now under the governance and protection of the Government of People Republic of Bangladesh. Nevertheless, recently few people are encroaching upon ......erve the notice at the cost of office. We felt that the prayer is a cogent one and hence, resolved to accede to the same. Jahangir Hossain J. - I agree. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 159

Nurul Amin Bhuiyan Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....he above observation the Rule is discharged and the order of status quo passed at the time of issuing the Rule is vacated. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ......rd party mortgagor (herein petitioner) and also to encash the bank guarantees before publishing the auction notice. But the bank published the auction notice without encashment of bank guarantees and service of prior notice upon the petitioner, and held the auction ignoring the proposal to sell the ..

Category: Civil Law | Date: | Hits: 129

M Saleem Ullah Advocate Vs. Bangladesh, 2004, 33 CLC (HCD)

.... Hussain Haider J M Saleem Ullah Advocate, Supreme Court...................................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Law and Parliamentary Affairs, Government of the People's Republic of Bangladesh........................Respondents Judgment ......sion. 9. Section 5(2) of the Representation of the People Order, 1972 should be amended to include the word "and the law enforcing agency" after the word "Government" in the first line to make the service of the Defence Services of Bangladesh and other law enforcing agencies available for holding..

Category: Constitutional Law | Date: | Hits: 215

Overseas Garments Industries (Pvt.) Ltd. Vs. Bangladesh and others, 2005, 34 CLC (HCD)

....bstance in the Rule. Accordingly, the Rule is discharged without any order as to cost. Status‑quo granted by this Court stand vacated. Ed. This Case is also Reported in: 57 DLR (2005) 168. ......bstance in the Rule. Accordingly, the Rule is discharged without any order as to cost. Status‑quo granted by this Court stand vacated. Ed. This Case is also Reported in: 57 DLR (2005) 168. ..

Category: Civil Law | Date: | Hits: 129

State Vs. Innocent N Egbunine, 1994, 23 CLC (HCD)

....tics Control Department has sent certain false and concocted papers for his examination. 18. P.W.16 Md. Abdul Baki Mia, an Assistant Chemical Examiner of the office of the Chief Chemical Examiner, Government of Bangladesh, stated that on 9‑5‑1990 he received one parcel from P.W.1 SM Nizamuddi...... condemned‑prisoner Innocent N. Egbunine be transferred from the condemned cell to the cell meant for the convicts of like nature. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 460. ..

Category: Criminal Law | Date: | Hits: 164

Bakshu Mia Vs. Govt.of Bangla­desh and others, 1977, 6 CLC (AD)

....48 of the Code. Section 333 says that at any stage of the trial before a High Court and before the return of the verdict, the Advocate General may, if he thinks fit, inform the court on behalf of the Government, that he will not further prosecute the defendant upon charge and thereupon the proceedin......nal or the High Court which calls for an interference. For the reasons, the appeal is dismissed, but we make no orders as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 228. ..

Category: Criminal Law | Date: | Hits: 99