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Engineer A. B. Siddique Vs. Kazi Akramuddin and others, 2011, 40 CLC (AD)
....d by Chowdhury Md. Zahangir, Advocate-on-Record- For Respondent No. 1. Not represented- Respondent Nos. 2-7. Civil Petition for Leave to Appeal No. 1193 of 2011. (From the judgment and order dated 03.10.2010 passed by the High Court Division in Writ Petition No.6864 of 2004). Order Sy...... the writ-petitioner. Since handing over of possession of the allotted land to the writ-petitioner was being delayed he filed an application to writ-respondent No.1 on 2.10.2004 informing him about a decision of cancellation of the said allotment and re-allotment of the same in favour of one Enginee..Category: Property Law | Date: | Hits: 79
....kunuddin Mahmud, Senior Advocate (with Mahbub Ali, Advocate), instructed by Mrs. Sufia Khatun, Advocate-on-Record- For the Respondents.
Civil Appeal No.59 of 2011.
(From the judgment and order dated 23.11.2009 passed by the High Court Division in Writ Petition No.7625 of 2009.)
Judgment
......uestion whether the High Court Division was justified in giving full relief to the writ petitioners without affording the appellants an opportunity of being heard and secondly, whether the unreported decision of this Division in Civil Petition Nos. 63-67 of 1999 disposed of with other petitions by j..
Category: Others | Date: | Hits: 138
....0 (In Civil Petition No.1084 of 2011)
Not represented-Respondent Nos.13-18 (In Civil Petition No.1085 of 2011)
Civil Petition for Leave to Appeal No.767 of 2011.
(From the judgment and order dated 18.08.2010 passed by the High Court Division in Writ Petition No.5667 of 2008.)
With
Civ......opment:-1/Misc.-52/96/320, the Ministry of Finance itself had converted the pay of many personnel of development projects from consolidated to the National Pay Scale. In the instant cases, a contrary decision was made causing grave prejudice to the writ-petitioners.
3. The Government promulgated ..
Category: Others | Date: | Hits: 172
....279, Memo No. Swa: Ma/Pv.1 Bibidha-7/96/280, Memo No. Swa: Ma/Pv.1/Bibidha-7/96/281, Memo No. Swa: Ma/Pv.1/Bibidha Memo No. Swa: Ma/Pv-1 Bibidha-7/96/283 and Memo No.Swa: Ma/Pv-1/Bibidha-7/96/284 all dated 5-6-97 issued to the petitioners purporting to remove them from service as Assistant Superinte...... invoke fundamental right for challenging the vires of a law will seek his remedy under Article 102(1), but in all other cases he will be required to seek remedy under Article 117(2). In view of this decision by the Appellate Division, the petitioners, in our view, have remedy for violation of the p..
Category: Employment/Service Law | Date: | Hits: 91
Khairul Bashar (Md.) and 8 others Vs. Collector of Customs and others, 1997, 26 CLC (HCD)
....92, 1360, 1365, 1366, 1516, 1681, and 1405 of 1993. Judgment Kazi Ebadul Hoque J.- In all these Rules assessments of customs duty by the customs authority on the basis of SROs subsequent to the date of opening of Letters of Credit are under challenge. Common question of law having been involve......ed subsequent to the date of opening of the respective letter of credit vested right of the respective petitioner has been adversely affected and such vested right cannot be taken away in view of the decision of the Appellate Division in the case of Collector of Customs Vs. Ahmed Hossain and others ..Category: Fiscal/Taxation Law | Date: | Hits: 134
Sentu Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....l fixed 2-4-91 for framing charge holding that the Gazette Notification and publication in paper had already been made against the accused petitioner and other absconding accused. Then on 2-4-91, the date fixed for framing charge, fixed 29-4-91 for framing charge and subsequently on 12-5-91 charge w......tion 30 of the Special Powers Act as provided the door is not shut upon the face of the accused petitioner. In support of his contention he also referred paragraph Nos. 13, 14 and 16 of the aforesaid decision where it has been held that- “13. In all such types of cases therefore it will be for ..Category: Criminal Law | Date: | Hits: 63
Dr. Professor MA Hadi Vs. Bangladesh and others, 1997, 26 CLC (HCD)
....ointed in his place as the Dean of the Faculty of Medicine Dhaka University under Article 17(2) of Dhaka University Order, 1973 on 14-8-96 (Annexure-’C’). Thereafter, the petitioner sent a letter dated 24-8-96 to the respondents demanding justice but to no avail. 3. Being aggrieved by the app......e the writ petition is discharged on the ground of maintainability we do not think it is necessary to go into the merits of the case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 218. ..Category: Employment/Service Law | Date: | Hits: 120
Raquibuddin Ahmed Vs. SAM Iqbal and another, 1997, 26 CLC (HCD)
....andaker Mahbubuddin Ahmed with SM Moonir, Advocates - For the Contemner-Opposite Parties. Civil Rule No.130 (R) of 1994 (Contempt). Judgment Md. Mozammel Hoque J.- As per order of this Court dated 29-7-97 the contemner-opposite party No.1 is present in Court in person. 2. This Rule for C......earlier joining letter and this letter dated 20-7-94 is annexed as Annexure-17 to the affidavit-in-reply. On 3-8-94, BSC informed the petitioner that the matter is being placed before the Board for a decision which was never placed despite several meetings held and this letter is annexed as Annexuer..Category: Others | Date: | Hits: 142
Kafiluddin (Md.) Vs. Sukkur Ali Mia, 1996, 25 CLC (HCD)
.... Not Represented - For the Opposite Party. Civil Revision No. 430 of 1992. Judgment AM Mahmudur Rahman J.- In this Rule simple question calls for determination as to why the impugned order dated 7-1-92 passed by the learned Senior Assistant Judge, Narsingdi is valid in law or otherwise ca......d land in execution of the decree. But the learned Advocate neither could place anything before me to indicate that the suit was not a suit for specific performance of contract nor he could place any decision that the executing Court can go beyond the decree. There is no bar in law to execute the de..Category: Civil Law | Date: | Hits: 86
....d in Bangladesh Embassy in Cairo. The detenu was retired from the Army by the then Government and inducted him in the Ministry of Foreign Affairs as BCS (FA) Cadre in 1979 with the Seniority from the date of his commission, that is, 1971. He was then posted to Bangladesh Embassy in Abu Dhabi as 1st ......f one day i.e. 12-8-96 and in the night following 12-8-96 the detenu was arrested and on 13-8-96 the order of detention was passed and served upon him.
18. Since it is now well settled by judicial decisions of the higher Courts that if the grounds of detention are vague and indefinite, the detent..
Category: Criminal Law | Date: | Hits: 76
Bashir Kha Vs. State, 1998, 27 CLC (HCD)
....other materials on record. On scrutiny of the record of the learned Magistrate it appears that in the charge only the above two sections of the Penal Code were mentioned but other particulars such as date, time, place of occurrence, the name of person against whom the offence was committed, nature o......ourts below misappreciated the evidence and the legal position which resulted in failure of justice. Due to misappreciation of the legal position and the evidence, the Courts below arrived at a wrong decision which cannot be upheld. In the result, the Rule is made absolute. The judgment and order..Category: Criminal Law | Date: | Hits: 58
....e Respondent No.1.
Writ Petition No.189 of 1992.
Judgment
Md. Ruhul Amin J.- This Rule has been obtained by the petitioner Chairman, Chittagong Port Authority, against the judgment and order dated 18-6-1991 passed by the Additional District Magistrate, Chittagong as an appellate authority u......h order, appeal, in such manner and on payment of such fee as may be prescribed, to the District Magistrate, who may pending the disposal of such appeal, make such orders as he thinks fit.
(2) The decision of the District Magistrate on an appeal under sub-section (1) shall be final and shall not ..
Category: Property Law | Date: | Hits: 103
....he Petitioners.
Md. Khurshid Alam Khan, Advocate - For the Opposite Parties.
Civil Revision No.686 of 1992.
Judgment
Gour Gopal Saha J.- This Rule calls in question the judgment and order dated 6-2-1992 passed by the learned Subordinate Judge, 2nd Court, Patuakhali in Miscellaneous Appea......oners, submits that the learned Courts below erred in law in dismissing the pre-emption case on mis-reading and non-reading of the material evidence and the same has resulted in error in the impugned decision occasioning failure of justice. Mr. Sobhan further submits that the learned Subordinate Jud..
Category: Property Law | Date: | Hits: 78
....ioner.
Md. Shahidul Alam Chowdhury, Advocate - For the Opposite Parties.
Civil Revision No. 338 of 1987.
Judgment
Gour Gopal Saha J.- This Rule is directed against the judgment and decree dated 26-11-86 (decree drawn on 2-12-86) passed by the learned Subordinate Judge, 4th Court Dhaka in......w in arbitrarily ignoring the said evidence both oral and documentary by illegally shifting the onus of proof regarding the death of Lakshman Mondal and the same has resulted in error in the impugned decision occasioning failure of justice. Mr. Karmaker further submits that from Exhibit 4 it is evid..
Category: Property Law | Date: | Hits: 111
Khodeja Begum & others Vs. Md. Sadeq Sarkar, 1994, 23 CLC (HCD)
....oners. Faruque Ahmed, Advocate - For the Opposite Party. Civil Revision No.5195 of 1991. Judgment Muhammad Abdul Mannan J.- This Civil Revision is directed against the Judgment and Decree dated 23-3-1986 passed by the Subordinate Judge, Chandpur in Title Appeal No.125 of 1984 reversing t......earned Munsif on considering the facts and circumstances of the case, evidence on record found that the plaintiff failed to prove the marriage and the Kabinnama. He based his judgment on the reported decisions of 21 DLR 218 and 34 DLR 221. 7. The plaintiff being aggrieved by and dissatisfied with..Category: Family Law | Date: | Hits: 185
Saleha Begum Vs. Kamal Hossain, 1997, 26 CLC (HCD)
....gment Md. Joynul Abedin J.- This Rule at the instance of the plaintiff wife arising out of an application under section 115 of the Code of Civil Procedure calls in question the judgment and decree dated 18-4-95 passed by the Subordinate Judge, Sadar Noakhali, in Family Appeal No.15 of 1993 affirm......ld to file a suit for maintenance himself or to become a co-plaintiff with his mother in the present suit. The appellate Court below therefore has committed an error of law affecting the merit of the decision by refusing to award maintenance for the child in the present suit. 8. In the result the..Category: Family Law | Date: | Hits: 152
Abdul Jalil Munshi (Md.) Vs. Returning Officer & others, 1997, 26 CLC (HCD)
....und that he is a defaulter. On an appeal the Thana Nirbahi Officer dismissed the appeal and affirmed the order of the Returning Officer canceling the nomination paper. 2. It appears from the order dated 5-11-97 as evidenced from Annexure-C to the petition that Sonali Bank, Goalanda Branch by thei......ion is disposed of. Let a copy of this judgment/order be sent to the Returning Officer (respondent No.1) forthwith for compliance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 179. ..Category: Election Law | Date: | Hits: 153
Syed Masud Ali and others Vs. Md. Asmatullah and others, 1978, 7 CLC (AD)
....Record - For the Appellant. Aminul Huq, Advocate on Record - For Respondent No.3. Ex-Parte - For Respondent Nos. 1, 2 & 4-26. Civil Appeal No. 45 of 1978. (From the Judgment and Order dated 4-2-77 passed by the High Court in Civil Revision Case No.718 of 1967.) Judgment Kemalud......h Court in revision. 4. The learned Single Judge of the High Court proceeded on the basis that the enrolment made by the Administrator of Waqfs under section 47 of the Waqfs Ordinance, 1962 is a decision under section 50 of the Ordinance and it would be challenged by a person aggrieved. The exp..Category: Trust/Waqf Law | Date: | Hits: 136
Commissioner of Income-Tax Vs. M/S. Jamiluddin Corporation Ltd., Bogra, 1979, 8 CLC (AD)
....Syed Mozaffar Hossain, Advocate, instructed by H. R. Khan Advocate-on-Record- For the Respondent (In all the appeals). Civil Appeal Nos. 67, 68 & 69 of 1978. (From the judgment and order dated 16-8-76 passed by the High Court in Applications No.17, 18 & 19 of 1971) Judgment Ba......canvassed that the question as to whether certain income could be said to have accrued to the assessee, is a question of law and, therefore, the reference was validly made. Reliance was placed on a decision of the Indian Supreme Court in Commissioner of Income Tax Vs. Jai Frakash Omprakash Co. Ltd..Category: Fiscal/Taxation Law | Date: | Hits: 124
....ucted by Md. Zainul Abedin, Advocate-on-Record- For Respondent No.1.
None represented-For Respondent No.2-3.
Civil Petition for Leave to Appeal No.1923 of 2011.
(From the judgment and order dated the 10th day of May, 2011 passed by the High Court Division in Writ Petition No.7378 of 2009).......ion No.7378 of 2009.
2. Respondent No.1 herein as writ-petitioner (hereinafter referred to as the petitioner) filed the above mentioned writ petition before the High Court Division challenging the decision of the University Grants Commission shutting down its outer campuses at Rajshahi and Chitta..
Category: Others | Date: | Hits: 197
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