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Kamol Krishna Das Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)

....nnual increments and as such the petitioner was discriminated against. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 868. ......rative Tribunal Act was amended on 19th November 1997. As the petition­er's case was pending long before the 19th November 1997, the bar to filing A.T. Case within two months from the date of service appeal would not be applicable to the petitioner. The amended provision did not have retrosp..

Category: Administrative Law | Date: 30 Apr, 2012 | Hits: 7

Sarwar Kamal Vs. State, 2012, 31 CLC (HCD)

....stry of Home Affairs and Secretary Ministry of Law Justice and Parliamen­tary Affairs for their appraisal and future guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 329. ......stry of Home Affairs and Secretary Ministry of Law Justice and Parliamen­tary Affairs for their appraisal and future guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 329. ..

Category: Criminal Law | Date: 25 Apr, 2012 | Hits: 98

Md. Salim Hossain and other Vs. Artha Rin Adalat, Munshigonj and other, 2012, 41 CLC (AD)

....e in both the Civil Petitions for Leave to Appeal. Accordingly, both the Civil Petitions for Leave to Appeal are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 154. ......e in both the Civil Petitions for Leave to Appeal. Accordingly, both the Civil Petitions for Leave to Appeal are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 154. ..

Category: Civil Law | Date: 19 Apr, 2012 | Hits: 151

Government of Bangladesh and oth­ers Vs. Md. Badal and another, 2012, 41 CLC (AD)

....e above, we find merits in the appeals. Accordingly, the appeals are allowed. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 246. ......tements made by him in reply to the show cause notice "were false or untrue he would have been punished by the concerned authority. But no action is reportedly taken against him and he is still in service." We do not see any factual and legal basis behind the reason assigned by the High Court Di..

Category: Criminal Law | Date: 17 Apr, 2012 | Hits: 20

Md. Ismail and another Vs. Abul Kashem and others, 2012, 41 CLC (AD)

....eposited within 1 (one) month. The petitioners are permitted to pre­pare the paper book out of Court in accor­dance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 570. ......n not consid­ering that from the evidence of the P.W.1 along with P.W.4 and exhibit-4 the certificate together with material statements of O.P.W.1 in cross-examination it is proved beyond doubt that service in the preemption case was made on 04.04.1999 in accordance of Civil Procedure Code for the ..

Category: Property Law | Date: 15 Apr, 2012 | Hits: 149

Monsur Hossain (Md.) Vs. Rahima Khatun and others, 2012, 41 CLC (HCD)

....ecord by the trial Court failing which the plaintiff would be at liberty to execute the decree as per law. Record be send down. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 207. ...... well as the evidence, on record. Mr. Bhuiyan, formulated the following points of argument in support of the Rule; (a) Whenever the tenancy is admitted and whenever there is no dispute about the service of notice under section 106 of the Transfer of Property Act, a suit for eviction of a tenant..

Category: Property Law | Date: 12 Apr, 2012 | Hits: 6

Government of Bangladesh and others Vs. Md. Abdus Sattar and others, 2012, 41 CLC (AD)

....tement 1 (one) week thereafter to make the appeal ready for expeditiously. Parties are at liberty to mention the appeal for early hearing. Ed. This Case is also Reported in:9 ADC (2012) 662. ......writ petitioners stated in their writ petition that they have been serving for long as Sub-Inspector of Police but were deprived from promotion for having three major punishment (black mark) in their service career, but as against that they have larger number of rewards. It is fur­ther stated that ..

Category: Employment/Service Law | Date: 11 Apr, 2012 | Hits: 120

ABC Attire Ltd. Vs. Bangladesh and others, 2012, 41 CLC (HCD)

.... The order of stay granted earlier by the Court stands vacated. Communicate the Judgment to respondent No.10 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 399. ...... The order of stay granted earlier by the Court stands vacated. Communicate the Judgment to respondent No.10 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 399. ..

Category: Civil Law | Date: 4 Apr, 2012 | Hits: 45

Government of the People's Republic of Bangladesh & another Vs. Shahjahan & others, 2012, 41 CLC (AD)

.... that the facts are quite distinguishable from the facts of those cases. This appeal is disposed of with the above observations. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 113. ......ions by judgment dated 27th May, 1998 relied by the High Court Division is applicable to the facts of this case and finally, whether the writ-petitioners have acquired any right of appointment in the service the Republic on the basis of alleged recommendation, Annexure-E, to the writ petition. ..

Category: Employment/Service Law | Date: 22 Mar, 2012 | Hits: 151

Swadhin Chandra Mandal and others Vs. Bangladesh University Grants Commission (UGC), 2012, 41 CLC (HCD)

....gy University be allowed to continue with their regular studies accordingly. However, there shall be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 166. ......animals. He refers to a Gazette notification by which the PSC Rules, 1982, has been amended, (Annexure-E to the affidavit-in-reply filed by the petitioners) and submits that the entry points in cadre service for both the groups of graduates are different. Mr. Badruddoza submits that the UGC ought no..

Category: Others | Date: 14 Mar, 2012 | Hits: 5

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

.... Administration, Ministry of Home Affairs and Ministry of Foreign Affairs for taking necessary steps in accordance with the directions given above. Ed. This Case is also Reported in: ......vocate for the petitioner that the discretion should not be given to the Biman authority to give benefit to their employees is not correct nor the same is in accordance with law. Because, all such service providers provide similar facilities to their employees in both international and domestic ..

Category: Constitutional Law | Date: 8 Mar, 2012 | Hits: 17

Mojibur Rahman (Md.) and others Vs. State, 2012, 41 CLC (HCD)

....al Judge, Dhaka and also to the Chairman of the Anti-Corrup­tion Commission. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 36.         ......nnot be absorbed in any post which carries same of scale of pay, he may be offered a post carrying lower scale of pay, and if he does not accept the offer he shall be deemed to have been retired from service. (2) A surplus public servant shall not be absorbed in any post unless he is nominated ..

Category: Anti-Corruption Laws | Date: 5 Mar, 2012 | Hits: 9

Chittagong Steel Mills Ltd. Vs. TM Syndicate & others, 2012, 41 CLC (HCD)

....btor-petitioner we find rule is incompetent. We find no substance in this rule. In the result, this rule is discharged. No costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 350. ......btor-petitioner we find rule is incompetent. We find no substance in this rule. In the result, this rule is discharged. No costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 350. ..

Category: Alternative Dispute Resolution | Date: 4 Mar, 2012 | Hits: 316

Barrister Mainul Hosein Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)

.... appreciation of law and fact do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 624. ......on Printing Press, 1, R.K. Mission Road, Dhaka under sections 54 and 55 of the Ordinance before Second Labour Court, Dhaka. The case of respondent No.1, in short, is that on 01.09.1978, he joined the service of the New Nation Publications Ltd. under the petitioner on daily basis. After that, the pet..

Category: Labour and Industrial Law | Date: 4 Mar, 2012 | Hits: 238

Md. Nurul Alam alias Nurul Alam Chowdhury Vs. State, 2012, 41 CLC (AD)

....ppreciation of the law and facts, does not call for any interference by this Division. Accordingly, the petition is dis­missed. Ed. This Case is also Reported in: 9 ADC (2012) 627. ......ppreciation of the law and facts, does not call for any interference by this Division. Accordingly, the petition is dis­missed. Ed. This Case is also Reported in: 9 ADC (2012) 627. ..

Category: Criminal Law | Date: 1 Mar, 2012 | Hits: 78

Rahima Khatun and another Vs. Sufia Begum and others, 2012, 41 CLC (HCD)

....s restored. 13. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 191  21 BLT (HCD) (2013) 39   ......of Bangladesh, represented by the Secretary Ministry of Works, Bangladesh Secretariat Vs. Chand Mia, 44 DLR (AD) 98, wherein it is held that "The appellate Court having finding that there was no service of summons in the suit, it was no function of the High Court Division to sit in appeal over ..

Category: Property Law | Date: 23 Feb, 2012 | Hits: 6

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

....e made absolute without any order on costs. The authorities are directed to stop collection of user fees at the government hospitals forthwith. Ed. This Case is also Reported in: ......h allowance is a legitimate payment. 16. Since the user-fees is utilized for maintenance of very sophisticated machine in government hospitals, if the same is not available, providing of such services would be seriously hampered and the patients would in effect suffer gravely by having to g..

Category: Constitutional Law | Date: 19 Feb, 2012 | Hits: 14

Md. Abul Kashem Vs. Mahmudul Hasan @ Major General Mahmudul Hasan (Rtd.) and others, 2012, 41 CLC (AD)

....gh Court Division is correct. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 65; 32 BLD (AD) (2012) 127; 9 ADC (2012) 489. ...... of universal application as Explanation sometime is used for other purposes i.e. to extend the scope of the provision to which it is appended or it may provide a fictional situation by pressing into service deeming technique. 48. The cumulative effect of the cases referred to above is that an ‘E..

Category: Election Law | Date: 14 Feb, 2012 | Hits: 262

Grameen Phone Ltd Vs. Bangladesh Telecommunication Regulatory Commission (BTRC) and others, 2012, 41 CLC (HCD)

....one should immediately pay, if not paid already, the fees, charges and VAT to the concerned authorities in accordance with law. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 401. ......ame credited or adjusted from the final VAT paid by the consumer. So, the ultimate burden is on the consumer..........(37) Section 3(3) (গ) VAT is collected and deposited by the seller or service provider or facility provider upon collecting the same from the purchaser or service recipie..

Category: Fiscal/Taxation Law, Information Technology Law | Date: 13 Feb, 2012 | Hits: 15

Md. Shahjahan Atmasder Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)

....ight months and such cases will be governed by the 3rd proviso alone. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 237. ......f three years on Agriculture. Subsequently, he was informed that selection grade would be given to him. On the application of the petitioner, he was given retirement on com­pletion of 25 years of service and he was allowed to go on LPR (Leave Preparatory to Retirement) from 01.02.2003 to 31.01.2..

Category: Administrative Law | Date: 9 Feb, 2012 | Hits: 324