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Secretary, Ministry of Establishment, GoB & Ors. Vs. Md. Jahangir Hosain & 65 ors, 1999, 28 CLC (AD)
....es are available. All the petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 148. ......nstructions were issued to various departments to absorb such employees. After examining and re-examining their papers the Establishment Division prepared a list of ex-Mujibnagar employees in 1985, numbering 1632. A number of them were in fact appointed from this list of 1632 persons, a fact not..Category: Employment/Service Law | Date: | Hits: 81
GM, Jamuna Oil Company Ltd. Vs. Chairman, Labour Court, Chittagong Div. & ors, 1999, 28 CLC (AD)
....e 4 of the Rules. For the reasons stated above both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 91. ......4, 1999. The Shops and Establishments Act,1965 (XXVIII of 1965) Sections 8 & 9. The Factories Act, 1965 (VI of 1965), section 58 Section 8 merely prescribes the maximum number of hours in a day or in a week that a worker shall be liable to work. If the establishment r..Category: Labour and Industrial Law | Date: | Hits: 134
Habibul Islam Bhuiyan President Supreme Court Bar Association, 1999, 28 CLC (AD)
....ch have been alleged to be contumacious. For the reasons, however, the application is disposed of with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 68. ......ses in two days have a background and that is, that in the months of September/October, 1998, there were some reports/comments published in some newspapers about granting of bail allegedly in a large number of cases by a Bench of the High Court Division in two days (26 and 27 August, 1998) on the ev..Category: Others | Date: | Hits: 99
Abdul Quddus (Md) Vs. Md. Mobarak Hossain, 1999, 28 CLC (AD)
....f 1996 was not pressed by the learned Advocate of the parties. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 54. ......ault an application under section 151 of the Code was filed for restoration of the suit on the same day. The trial Judge kept the matter for hearing and on 9-3-96 restored the suit to its tile and number. The trial Court in its discretion restored the Suit as the application was filed on the sam..Category: Procedural Law | Date: | Hits: 118
Abdur Rouf and others Vs. Jalaluddin and another, 1999, 28 CLC (AD)
....rected by the learned Judges of the High Court Division suffers from no illegality. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 22. ......iry. 5. From the impugned judgment it appears that the learned Judges of the High Court Division considered the statements recorded under section 161 of the Code of Criminal Procedure of a number of witnesses and found that the four accused petitioners were implicated by them. It appears..Category: Criminal Law | Date: | Hits: 66
Shafi A Chowdhury and another Vs. Government of Bangladesh, 1999, 28 CLC (AD)
....facts of the present case we do not think that the matter warrants our interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 21. ...... and verification and without any adjustment. The plaintiff found that the conditions of the machinery, equipment, tools and plants were not as represented by the respondents in the profile. A good number of machineries, equipment and tools were missing. The plaintiff informed the respondents of..Category: Criminal Law | Date: | Hits: 68
Chairman, National Board of Revenue and others Vs. Beximco Infusions Ltd., 1999, 28 CLC (AD)
....thoughtless manner in which the Government affairs are conducted. For the reasons, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 36. ......; Nirbahi chairman biniyog board, dhaka. 6. The aforesaid two letters are material among the large number of correspondence which have been annexed to the writ petition for understanding the point a..Category: Business or Commercial Law | Date: | Hits: 112
ASF Rahman and another Vs. AM Agha Yousuf and others, 2000, 29 CLC (AD)
.... cannot reject the candidature of any person for the election to the office of the director of the Bank…………………………(20) A voter cannot prefer an appeal against setting aside of the election of a successful candidate in an......garding locus standi of the appellants. In the result, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 127. ..Category: Business or Commercial Law | Date: | Hits: 107
Khalilur Rahman (Md) Vs. Government of Bangladesh and others, 2000, 29 CLC (AD)
....tion Officer and there shall not be variation of population more than 10% in between the wards. The Delimitation Officer on 26-5-98 published the list of 9 wards, 3 reserved seats for women and the voter list and sent the same to the Ministry to which the petitioner filed an objection without an......orial unity, the distribution of population and administrative convenience cannot be sustained in absence of any paper for such finding and that the impugned Notification finally published showing number of population was violative of section 21 of the Paurashava Ordinance, 1977. 6. In s..Category: Others | Date: | Hits: 82
Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)
....ndence for effective and meaningful discharge of its constitutional functions. For the above reasons, I concur with the judgment. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 82. ......mmon to the various approaches to the essential conditions of judicial independence in Canada.” (P. 675). 54. Later on the Supreme Court of Canada in re: Provincial Court Judges considering a number of appeals and references together including remuneration of judges reiterated the same view ..Category: Constitutional Law | Date: | Hits: 829
Islami Bank Bangladesh Limited Vs. Al-Haj Md Shafiuddin Howlader& another, 2000, 29 CLC (AD)
....pugned judgment of the High Court Division is set aside and the judgment and order of the Artha Rin Adalat is restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 76. ......-96 passed by the Artha Rin Adalat, Khulna in Miscellaneous Case No. 24 of 1990 setting aside order of dismissal of the suit for default on 20-11-95 and restoring the suit to its original file and number. 8. Appellant Islami Bank Bangladesh Ltd. filed Title Suit No. 46 of 1994 in the Ar..Category: Business or Commercial Law | Date: | Hits: 104
Category: Labour and Industrial Law | Date: | Hits: 163
Mirza Abdul Hakim, Son of Jamal Mondal and others Vs. State, 2000, 52 CLC (AD)
.... and they are acquitted of the same. The appellants be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 14. ......e accused after the commission of the crime in relation to which the latter is put up for identification there will be no difficulty on the part of the witness to pick up the suspect from among any number of persons. If a witness makes a mistake in identifying a person placed in the TI parade, th..Category: Criminal Law | Date: | Hits: 92
Dhaka Vegetable Oil Ind. Ltd. Vs. Commissioner of Taxes, Dhk. (North) Zone, Dhaka, 1997, 26 CLC (AD)
....vanced by Mr. Rafiqul Huq. In the result both the appeals are allowed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 136 ......it. So the view taken by the High Court Division that there is no provision in the said Act for taking fresh evidence or materials at the appellate stage is not correct. Mr. Rafiqul Huq has cited a number of decisions from the Indian Jurisdiction on the power of the (Indian) Appellate Assistant C..Category: Fiscal/Taxation Law | Date: | Hits: 120
Shamsul Arafin Khan Vs. Kazal Miah and others, 1997, 26 CLC (AD)
.... the appellant. Accordingly, the appeal is allowed and the impugned order set aside without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 175 ......djournments and finally the same was dismissed for default on 30-6-96. In Revision, a learned Single Judge of the High Court Division made the Rule absolute and restored the appeal to its file and number subject to payment of Taka 5,000.00 to the appellant within 30 days by respondent No. 1 in d..Category: Others | Date: | Hits: 87
Sirajul Islam Chowdhury and others Vs. Md. Jainal Abedin & ors., 1997, 26 CLC (AD)
....age. The defendant- appellants are directed to pay the said amount within one month. There will be no order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 164 ......ongly impleaded in this suit which is liable to be dismissed with exemplary costs. 4. The plaintiff examined 3 witnesses and the defendants examined 2 witnesses. Both exhibited a fairly good number of documents. 5. Both the trial Court and the High Court Division concurrently held ..Category: Admiralty Law or Maritime Law | Date: | Hits: 213
AFB Jahan Mia (Md) Vs. Chairman, National Board of Revenue and others, 1997, 26 CLC (AD)
....all the above reasons we do not find any ground for interference. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 122 ...... leave has been granted and has preferred to concentrate on the second point of leave. He argued at length on the concept of grade, scale of pay past service cadre rules counting of seniority and a number of other matters and reinforced his arguments by copious references to various Government me..Category: Administrative Law | Date: | Hits: 140
Alimuddin and others Vs. State, 1997, 26 CLC (AD)
....o reason to interfere with the impugned order upon time-barred petition. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 118 ......vernment was required to file the application for revival and the Public Prosecutor being not the Government; the order of revival passed upon his application was illegal. Mr. Sarkar brought large number of authorities to show what is meant by Government. 5. Nobody for a moment will dispu..Category: Criminal Law | Date: | Hits: 74
Khairunnessa being dead, her heirs F. Alam & ors Vs. Zobaida Nahar @ Zharna & ors, 1997, 26 CLC (AD)
....t be restored. The defendant may take back the amount if already deposited in the trial Court. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 430, 49 DLR (AD) (1997) 77 ......in this behalf. The learned Judges have pointed out: “ It appears from the record that on 5-l0-92 one witness was examined on the side of the plaintiff when the trial Court submitted a number of documents on behalf of the plaintiff. On that date PW 1 was cross-examined in part on be..Category: Property Law | Date: | Hits: 82
Abul Ahsan Vs. Administrator of Pabna Cham. of Com. & Ind. & anr, 1997, 26 CLC (AD)
....t the former committee, the Deputy Commissioner, Pabna on 4-10.93 appointed one Magistrate, First Class to hold an enquiry into those allegations of financial irregularities, preparation of faulty voter list, etc. in connection with the said Trade Organization. Upon a report submitted thereto th...... decision. Accordingly, those petitions are disposed of as not being necessary for deciding the questions raised therein. Ed. This case is also reported in: 49 DLR (AD) (1997) 46 ..Category: Procedural Law | Date: | Hits: 122