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Government of Bangladesh Vs. AAM Salekuzzaman and another, 2000, 29 CLC (AD)
....closed with the said notice. The respondent submitted his reply on 19-6-1991 pleading innocence. The authority ultimately, it alleged, without any consultation with the Public Service Commission illegally dismissed him service by the impugned order dated 17-7-1993. The present respondent primari......Order of the Court: By a majority decision the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 166. ..Category: Administrative Law | Date: | Hits: 94
ASF Rahman and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
.... was set at naught by the High Court Division was that the notices under section 17(1) of the Act being issued at the dictate and direction of Bangladesh Bank, its superior authority, were ex facie illegal. Besides, the High Court Division had made certain comments about the nature of Writ and their......for grant of leave in this case or to interfere with the ultimate decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 61. ..Category: Banking Law | Date: | Hits: 139
Moulana Delwar Hosain Saydee Vs. Sudhangshu Shekhor Halder and others, 2000, 29 CLC (AD)
....ted by a margin of 280 votes securing in total 55,717 votes while the election-petitioner got the second highest vote i.e. 55,437. The election in different polling centres suffered from various illegal and corrupt practices and non-compliance of the provisions of the Order and the rules framed ......s also without jurisdiction. For all the above reasons, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 20. ..Category: Election Law | Date: | Hits: 126
Chera Dangi Mela Committee Vs. Mohammad Yusuf Ali & others, 1978, 7 CLC (AD)
....n by the learned single Judge and Mr. Malek has supported the view. Both the learned Counsels have advanced arguments in support of their respective contentions. 5. It is now well settled that in legal parlance, the expression “persona designata” means a person described in a statute or a le...... the matter remitted back to the District Judge for the disposal in accordance with law. Costs of the appeal will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 310. ..Category: Trust/Waqf Law | Date: | Hits: 185
Amal Kumar Moitra Vs. Md. Mashiur Rahman, 1978, 7 CLC (AD)
....authority. One Hrishikesh Moitra was a monthly tenant under the plaintiff’s predecessors in-interest and he left for Calcutta in 1965 and after his death Amal Kumar Moitra (added Defendant No. 7) illegally took shelter in the suit house and after the house was declared as enemy property, he took l......ly. In the result, the appeal is allowed with costs, the order of the High Court is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 244. ..Category: Tenancy Law | Date: | Hits: 142
Leakat Ali Sowdagar Vs. Abdus Salam Sowdagar and another, 1978, 7 CLC (AD)
....have held that the jurisdiction of the Small Cause Court has been effectively ousted, despite the fact that the procedure for conciliation has been put into abeyance in view of the dissolution of all legal council and Municipal Committees in Bangladesh by virtue of Article 3 of Presidential Order No......a question of fact. 7. We do not find substance in any of the contentions of the learned Counsel. Both the petitions are dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 241. ..Category: Tenancy Law | Date: | Hits: 163
Master Abdul Aziz Vs. Abani Mohan Mukherjee and others, 1978, 7 CLC (AD)
.... the procedure to be followed in case of death of one of several defendants or of a sole defendant, Sub-rule (2) of rule 9 of Order 22 lays down that the plaintiff or the person claiming to be legal representative of the deceased plaintiff or the assignee or the receiver in the case of ......n the result the appeal stands dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 222. ..Category: Civil Law | Date: | Hits: 116
Mrs. Halima Khatun Vs. Bangladesh and others, 1978, 7 CLC (AD)
....r before any authority or in any court; nor shall such taking over or vesting of property give rise to any claim to compensation. (2) All suits, appeals, petition applications and other legal proceedings pending immediately before the commencement of this regulation in any court in w......er the petitions have abated not cannot be in the affirmative. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 207. ..Category: Constitutional Law | Date: | Hits: 307
Faridul Alam Vs. State and another, 2007, 36 CLC (AD)
....03 the complainant last presented the cheque in the bank for encashment but it has been dishonoured due to insufficient fund and then the complainant demanded the money from the accused serving him a legal notice and requested to pay the amount but to no effect. On the basis of the aforesaid complai......made above, we do not find any grounds to interfere. The criminal petition is, therefore, dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 93; 16 BLT (AD) 51; 13 BLC (AD) 61. ..Category: Criminal Law | Date: | Hits: 138
Bangladesh Vs. Md. Salahuddin Talukder, 2004, 33 CLC (AD)
....zetted Officer (Customs Excise and VAT) Appointment and Service Terms and Conditions Act of 2000 being Act No. XX of 2000 to be violative of Articles 133 and 136 of the Constitution and, as such, illegal and without lawful authority and consequently, the impugned order No. 7(2) Shu-Va:Pro-3/2000......ndent was taken away by passing the impugned Act and the Act did not empower the Government to claim that the posts of Preventive Officer/Appraiser/Inspector and Intelligence Officer were of equal status and, as such, the posts were inter-transferable and inter-changeable. 3. Leave was gr..Category: Constitutional Law | Date: | Hits: 133
Government of Bangladesh and another Vs. Sheikh Hasina and another, 2008, 37 CLC (AD)
....Station Case 34(6) of 2007 dated 13-6-2007), 2. The facts, in short, are that the respondent No. 1 as petitioner filed Writ Petition No.6576 of 2007 before the High Court Division challenging the legality of the approval given in the instant case by the Additional Secretary, Law Section'1, Minis...... provided in sub-section (1) of section 3. 27. He further submitted that the High Court Division committed an error of law by holding that in granting the sanction under Rule 19(T) of the EPR the status of the writ petitioner has been given importance. 28. He submitted that the relevant auth..Category: Civil Law | Date: | Hits: 254
Government of Bangladesh Vs. Md. Shamsul Huda and others, 2008, 37 CLC (AD)
....y the non-appointment of Mr. Faruque Ahmed, Mr. Md. Shamsul Huda and Mr. Hasan Foez Siddique, Additional Judges as Judges of the High Court Division shall not be declared to have been done illegally and without legal authority and to be of no legal effect and why the respondents should not......ections and guidelines, the appeal is allowed and the order of the High Court Division appealed against is set aside. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 108. ..Category: Constitutional Law | Date: | Hits: 124
Loyal Shipping Ltd. Vs. Castrol UK Ltd. and others, 2006, 35 CLC (AD)
.... really a plaint in a cross suit is made part of a written statement either by being made an annexure to it or as part and parcel thereof, though described as a counterclaim, there could be no legal objection to the Court treating the same as a plaint and granting such relief to the defendan...... of Money Suit No. 21 of 1993 by the plaintiff. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 48. ..Category: Civil Law | Date: | Hits: 111
Chittagong Dock Sramik Parichalana Board and others Vs. Shamsul Haque and others, 2007, 36 CLC (AD)
....above 0.09 acres of RS Plot No. 6161 and 0.19 acres of land appertaining to RS Plot No. 6156 acquired in LA Case No.1 of 1984-85 as well as also the issuance of the above order dated 20-9-90 are illegal. 3. Leave was granted on the submissions that the writ respondent/appellant No. 1, th......buildings and one community centre and after completion of the project, 10 thousand dock sramiks and their children will get not only shelter but also other facilities; on obtaining orders of slay/status quo passed by different Courts for last 17 years, the respondent No.1 managed to occupy abou..Category: Labour and Industrial Law | Date: | Hits: 83
Anti-Corruption Commission Vs. Barrister Nazmul Huda and others, 2008, 37 CLC (AD)
....ax file in 1984, his wife opened in 1996 and the respondent, Barrister Mir Md. Helaluddin opened in 2006. In this way their total savings stood at Taka 24,39,28,637 which is disproportionate to his legal and known source of income. The respondents is beneficiary of the wealth of his father acqui......fe to be certified by duly constituted Medical Board, may consider the matter of granting bail in an appropriate case in an appeal. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 256. ..Category: Anti-Corruption Laws | Date: | Hits: 219
Sarder M. Hashim Zaman & ors Vs. Thana Nirbahi Officer, Mithapukur, Rangpur & ors, 2008, 37 CLC (AD)
....t the appellants as plaintiffs filed Other Suit No.73 of 1994 for declaration that the appointment of defendant Nos.10-15 as teachers of the Thakurbari Junior Secondary Girls School is void, illegal, collusive and without jurisdiction and the appointment of the plaintiffs 1-8 is valid and l......der of dissolution dated 13-1-1993 was illegal. During the pendency of the said Other Suit No.11 of 1993 an ad interim order of injunction was passed on 23-2-1993 directing the parties to maintain status quo. During the pendency of the said Other Suit No. 11 of 1993 the trial Court by order date..Category: Civil Law | Date: | Hits: 110
Abdul Mannan Bhuiyan and another Vs. State, 2007, 36 CLC (AD)
....nce………………(44) Whether hartal constitutes offence? Hartal accompanied with force or violence or threat of force or violence is not only illegal but constitutes cognizable offences punishable under the Penal Code and other penal laws of t......gment and order of the High Court Division is set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 49; V ADC (2008) 150. ..Category: Criminal Law | Date: | Hits: 79
Md. Muinuddin Zulfiquer Vs. Bangladesh, 2006, 35 CLC (AD)
....he qualification for being appointed in Grade-I and that he had only the qualification for being appointed in Grade-II and as such the appointment of the writ-petitioner in Grade-II was quite legal and in accordance with law." This Court did not find substance in the contention of the ......e fact of the judgment for review. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly the petition is dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 79
Mahfuzul Hoque and ors Vs. Collector of Customs, Customs House, Chittagong & ors, 2005, 34 CLC (AD)
....ds being at US$ 835.49 per metric ton (taking the invoice value of US$ 291 per Rim of 500 sheets) alleging that such arbitrary fixation of tariff value has been done without lawful authority and no legal effect. 2. The appellants as the importers opened the letters of credit No. 05940186-C...... 61. In view of the above, we do not find any substance in the submissions of the learned Counsel for the appellants. The appeals are dismissed without any order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 107
Commissioner of Customs and others Vs. Mohammad Ali, 2007, 36 CLC (AD)
.... the customs duties and other levies on the basis of Tariff Value in the light of the notification dated 19-5-1999. 2. It was the contention of the respondent that Customs Authority acted illegally in assessing duties and other charges taking Tariff Value in proportionate rate and that ea......s illegal and without any legal basis. 7. Accordingly, we do not find any substance in the appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 99
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