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Government of Bangladesh and others Vs. Md. Shafiqur Rahman, 2011, 40 CLC (AD)

....e Petitioners. Salahuddin Dolan, Advocate instructed by Zahirul Islam, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No.1688 of 2010. (From the judgment and order dated the 18th and 19th November, 2009 passed by the High Court Division in Writ Petition No. 3969 o...... of the Supreme Court, so the approach of the petitioner to re-fix his pay scale in the pay scale enjoyed by the driver of the Supreme Court is not acceptable. The writ petition being based on policy decision of the Government is not main­tainable. 6. A Division Bench of the High Court Division ..

Category: Employment/Service Law | Date: | Hits: 86

Bangladesh Chemical Industries Corporation (BCIC) and another Vs. Zia Fertilizer Company Limited Workers and Employees Union and others, 2011, 40 CLC (AD)

....d by Mrs. Sufia Khatun, Advocate-on-Record-For respondent No.1. Not represented-For respondents No. 2 & 3. Civil Petition for Leave to Appeal No.460 of 2010. (From the judgment and order dated 24.11.2009 passed by the High Court Division in Writ Petition No.1834 of 2009) Order Muh......t writ petition challenging the impugned office order dated 24.02.2009 issued by the Controller of Accounts, Bangladesh Chemical Industries Corporation (BCIC) petitioner No.2 here­in, intimating the decision of the Board of Director of BCIC dated 10.02.2009 to calculate the price of urea which was ..

Category: Company Law | Date: | Hits: 366

Chief Engineer, the Local Government and Engineering Department Vs. Md. Parvez Nawaz Khan and others, 2011, 40 CLC (AD)

....ivil Petition No. 960 of 2011). Not represented-For the Respondents (In Civil Petition No. 959 of 2011). Civil Petition for Leave to Appeal Nos. 944-46 of 2011. (From the judgment and order dated 13.12.2010 passed by the High Court Division in Writ Petition Nos.7911, 8492, 4780, of 2010). ......to be appointed in the revenue set-up. 10. Mr. Rokonuddin Mahmud, learned Senior Advocate appearing on behalf of the writ-petitioners, on the other hand, submits that identical matters came up for decision before High Court Division in Writ Petition Nos.1522 of 2004 heard analogously with ninety-..

Category: Employment/Service Law | Date: | Hits: 66

Abu Sayeed Sheikh and others Vs. Md. Majibur Rahman and others, 1998, 17 CLC (HCD)

....Advocate- For the Petitioners. Not Represented — the Opposite Parties. Civil Revision No.7753 of 1991. Judgment Gour Gopal Saha J. - This Rule is directed against the judgment and order dated 25-3-91 passed by the District Judge, Bogra in Title Appeal No.197 of 1991 reversing the judgm......receipt of this order. The order of stay granted earlier by this Court stands vacated. Send down the lower Courts record as once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 289...

Category: Property Law | Date: | Hits: 75

Abdul Majid Mondal Vs. State and another, 1999, 18 CLC (HCD)

....nt Md. Awalad Ali J.- This Rule was issued under section 561A of Cr.P.C. calling upon the Deputy Commissioner, Rangpur as well as opposite party No.2 to show cause as to why the judgment and order dated 15-6-98 passed by the Additional Sessions Judge Rangpur in Criminal Revisional Case No. 95 of ......diction and the same is liable to be quashed and struck down. She further submits that the Rule in Civil Revision No.2260 of 1996 has been discharged on 7-2-99. The learned Advocate has cited various decisions in support of her contention. In the cited decisions the latest one is the case of Abul Ba..

Category: Criminal Law | Date: | Hits: 237

Zenith Packages Ltd. Vs. Member, Labour Appellate Tribunal and others, 1999, 18 CLC (HCD)

.... No.3947 of 1998. Judgment Kazi Ebadul Hoque J. - This Rule was issued at the instance of the petitioner Zenith Package Ltd. calling upon the respondents to show cause as why judgment and order dated 22-11-98 passed by the respondent No.1 in Interpretation Case No. 30 of 1998 (Annexure-3) shou......s of the workers after the termination of the settlement which was no longer binding upon the petitioner. 6. Respondent No.1 after hearing the parties and considering the provisions of law and the decisions reported in PLD 1971 Dhaka 262, AIR 1964 (SC) 522, AIR 1970 Bombay 213, AIR 1980 (SC) 2181..

Category: Labour and Industrial Law | Date: | Hits: 168

Motaleb Sardar (Md.) and others Vs. State and another, 1998, 17 CLC (HCD)

....cate — For the Petitioners. Not Represented — the Opposite Parties. Criminal Revision No.705 of 1994. Judgment Gour Gopal Saha J.- This Rule is directed against the judgment and order dated 7-2-94 passed by the Additional Sessions Judge Madaripur is Criminal Appeal No.23 of 1993 dism...... to surrender to their bail bonds immediately to serve out the sentences imposed on them. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 278...

Category: Criminal Law | Date: | Hits: 73

Ali Akbar (Md.) Vs. State and others, 1998, 17 CLC (HCD)

.... Kazi Ebadul Hoque J.- This Rule was issued at the instance of the informant-petitioner Md. Ali Akbar calling upon the accused opposite parties to show cause as to why judgment and order of acquittal dated 21-7-91 passed by the Additional Sessions Judge, 2nd Court, Mymensingh in Sessions Case No.144...... First Information Report named accused who have been earlier recommended to be discharged in the final report in violation of the provisions of the Code of Criminal Procedure, Police Regulations and decisions of this Court. In some cases magistrates also directed reinvestigation by the CID at the i..

Category: Criminal Law | Date: | Hits: 64

Manjurul Haque and 12 others Vs. Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, and others, 1999, 18 CLC (HCD)

....e common question is involved in all the Rules in spite of some special points raised in some of the Rules these are being disposed of by this judgment. 2. In Writ Petition No.3425 of 1998 by memo dated 13-10-98 (Annexure-A) and Memo dated 18-10-98 (Annexure-A1) Ward Nos.1 and 2 of Bogra Pourasha...... for the concerned respondent temporarily appointed Nikah Registrar contended that curtailment of area under the aforesaid 2nd proviso of section 4 of the said Act cannot be registered in view of the decisions of the Appellate Division reported in 16 BLD (AD) 110 and 50 DLR (AD) 82. As to the other ..

Category: Civil Law | Date: | Hits: 89

Abdul Karim Vs. Gousddin and others, 1998, 27 CLC (HCD)

....ul Hoque J.- This Rule was issued at the instance of the Second-party petitioner Abdul Karim calling upon the first party opposite-parties and the State to show cause as to why the judgment and order dated 27-3-97 passed by the learned Additional Sessions Judge, 3rd Court, Sylhet allowing Criminal M......gistrar of this Court within 1(one) month from the date of receipt of the copy of this order. Communicate the order to the Court below. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 259...

Category: Criminal Law | Date: | Hits: 65

State Vs. MA Wahab, Advocate, 1998, 17 CLC (HCD)

....il to the office of the Solicitor at Jessore or Dhaka as per the normal procedure and practice. Instead, he served the copies on Mr. SA Hasan, the learned Assistant Attorney-General, at Dhaka, on the date of moving the bail petitions in an irregular and unusual manner, allegedly taking advantage of ...... he is now at the fag and of his life and legal practice we have decided not to proceed further in the matter and to drop the proceeding against him accepting his sincere regrets and apology. But our decision not to proceed any further against the opposite party should not be taken lightly by the me..

Category: Criminal Law | Date: | Hits: 92

Abul Bashar Shaikh Vs. State, 1996, 25 CLC (HCD)

....General — For the Respondent. Criminal Appeal No.1820 of 1996. Judgment Kazi Ebadul Hoque J.- This appeal by the convict-appellant Abul Bashar Shaikh is directed against judgment and order dated 5-11-96 passed by the Special Tribunal, Shariatpur in Special Tribunal Case No.8/96 convicting......at the appellant was not in exclusive possession and control of the said arms and ammunition and, as such, acted illegally in convicting the appellant. In support of his contention he relied upon the decisions reported in 21 DLR 684, 41 DLR 520 and 44 DLR 159. 3. Learned Assistant Attorney-Genera..

Category: Criminal Law | Date: | Hits: 73

Golam Mostafa Miah (Md.) Vs. Bangladesh, represented by the Secretary, Ministry of Establishment and others, 1988, 17 CLC (HCD)

....ts. Writ Petition No.1879 of 1995. Judgment MA Aziz J.- This Rule Nisi was issued calling upon the respondents to show cause, why the impugned order contained in Memo No. SM/SS-1/E-19/92-44 dated 1-2-94 issued by respondent. No. 2 and communicated under Letter No. SS/S-11/896(1) dated 11-4......gh Court Division against the order of dismissal dated 18-6-84 and obtained a Rule. The said Writ petition is still pending. 6. Respondent No.1 vide notification dated 12-10-91 in the light of the decision reported in 42 DLR (AD) 214 in the case of Mahtabuddin Ahmed Vs. Principal Secretary, Presi..

Category: Employment/Service Law | Date: | Hits: 73

Anwarul Hoque (Md.) Vs. Golam Mahmud and Md. Mohsin, 1999, 18 CLC (HCD)

....the property (schedule) in auction.” 2. The said order was upheld by this court in FMA No.169 of 1997 on 18-8-97. Thereafter Opposite Party filed an application on 19-8-97 with a copy of receipt dated 18-8-97 showing payment of Taka 20,000.00 and prayed for passing an appropriate order. Thereaf......and also to unnecessarily harass the Officers of the said Corporation. 7. Before parting we like to observe that some confusion has been created amongst the courts subordinate to this court by the decision of this court in the case of Subbatara Begum Vs. Ansaruddin reported in 5 BLT 191. In that ..

Category: Criminal Law | Date: | Hits: 73

Nurul Huq Vs. Secretary, Rural Electri­fication Board and another, 1991, 20 CLC (HCD)

....cate ‑ For the Respondents. Writ Petition No.406 of 1987. Judgment Mainur Reza Chowdhury J.- This Rule Nisi was issued calling upon the respondents to show cause why the order of dismissal dated 3.2.87 (Annexure G) should not be declaral to have been made without lawful authority and to b......rder and annexed to the petition and marked as Annexure G. On 17.2.87 the petitioner submitted an application under Regulation 36(1) to the respondent No.1 for review of the order of dismissal but no decision on his review petition was communicated to the petitioner. A copy of the application of rev..

Category: Employment/Service Law | Date: | Hits: 65

State Vs. Sree Ranjit Kumar Prama­nik, 1990, 19 CLC (HCD)

..... In his cross examination he stated that accused belonged to the Communist Party. 23. Admittedly in this case there is no eye­witness to the actual occurrence. Death of the victim on the alleged date of occurrence is not disputed. It appears that the conviction of the accused has been based sol......e valuable service rendered by Mr. Abu Sayeed Ahammed who volunteered to appear on behalf of the accused and was accepted by the court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 660...

Category: Property Law | Date: | Hits: 69

Hazrat Ali and another Vs. Kudrat Ali and others, 1991, 20 CLC (HCD)

....n this case on behalf of the petitioners have no manner of application. In the result, the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 658.......ellaneous Appeal No.382 of 1982 against the judgment and order of the trial Court was allowed. 4. Mr. Abu Sayeed Ahmed submits that the learned Subordinate Judge upon a wrong interpretation of the decision in the case of Ashwini Kumar Karmaker Vs. Hari Mohan and others, 35 DLR (AD) 334 and the ca..

Category: Property Law | Date: | Hits: 72

Janab Ali & others Vs. Arju Miah & Others, 1991, 20 CLC (HCD)

.... Civil Revision No.137 of 1988 (Sylhet) Civil Revision No.146 of 1988 (Dhaka) Judgment Abdul Hasib J.- This rule was issued upon the opposite parties to show cause why the judgment and order dated 11.4.87 passed in Miscellaneous Appeal No.6 of 1986 by Subordinate Judge, Habiganj confirming ......dant petitioners. The Courts below granted such prayer for temporary injunction which, according to the learned Advocate, is not sustainable in law. Both the Courts committed an error of law in their decision occasioning failure of justice. The learned Advocate submits that the effect of the grantin..

Category: Property Law | Date: | Hits: 61

Ezahar Ali Mondol and others Vs. Golam Rasul and others, 1991, 20 CLC (HCD)

.... For the Government. Civil Revision No. 559 of 1991. Judgment Md. Mozammel Hoque J.- This Rule was issued directing the opposite parties No.1 and 2 to show cause as to why the impugned order dated 30.1.91 passed in Miscellaneous Appeal No.107 of 1990 by the learned District Judge, Khulna, s......ourt as to whether conditions laid down in the aforesaid circular had been satisfied or not, this Court asked the learned Deputy Attorney‑General to assist the Court in order to arrive at a correct decision and also to have necessary instruction from the Ministry. Accordingly, Mr. Syed JR Modassai..

Category: Civil Law | Date: | Hits: 99

Akhtar Hossain Vs. Government of Bangladesh and others, 1991, 20 CLC (HCD)

....mmissioner Comilla, (3) Upazila Nirbahi Officer, Daudkandi Upazila, District Comilla and (4) Divisional Commissioner, Chittagong Division, Chittagong to show cause why the Gazette Notification No.630 dated 20th June, 1991 contained in Annexure 'A' of the Petition published under the signature of res...... Officer and has not also stated the alleged correct position of the population in the two unions. 7. In Rule 2(3) of the said Rules it has been clearly stated that if any person is aggrieved by a decision of the Upazila Nirbahi Officer then he has to, after publication of the list under Rule 2(2..

Category: Election Law | Date: | Hits: 137