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Govt. of BD. rep. by Sec., Min. of Post, T&T & ors. Vs. Abul Khair, 2004, 33 CLC (AD)

....llate Tribunal when apparently the respondent has not been dealt with in accordance with law following, the principles of natural justice.  The petition is dismissed.  Ed. ......lia, that he was appointed as Postal Clerk on 7‑9‑1971 and subsequently he was promoted to the rank of Asstt Post Master (Non Gazetted) on 13‑11‑1991. During the tenure of his service he was directly associated with the Trade Union Activities. He held the office of Secretary,..

Category: Administrative Law | Date: 23 Feb, 2004 | Hits: 125

State Vs. Anjuara Khatun, 2004, 33 CLC (HCD)

....Anjuara Khatoon is sentenced to imprisonment for life. Lower Court’s Record is sent down as early as possible. Ed. This Case is also Reported in: 57 DLR (2005) 277.   ......ussed nor considered by us and a we shall not make an idle parade of discussing those authorities to save the Judgment to be unnecessarily encumbered. 30. First branch of contention pressed into service is that, there had been unusual delay in laying First Information Report and First Informati..

Category: Criminal Law, Evidence Law | Date: 17 Feb, 2004 | Hits: 7

State Vs. Moslemuddin (Md), 2004, 33 CLC (AD)

....tence is illegal". In view of above position we fined no reason to interfere with the judgment and order passed by the High Court Division and accordingly the appeal is dismissed.   Ed. ......tence is illegal". In view of above position we fined no reason to interfere with the judgment and order passed by the High Court Division and accordingly the appeal is dismissed.   Ed. ..

Category: Anti-Corruption Laws | Date: 19 Jan, 2004 | Hits: 96

Palli Daridra Bimo­chon Foundation (PDBF) Vs. PDBF Karmachari Union, Bangladesh & Others, 2004, 33 CLC (AD)

....ioner as an industry. In view of the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......usiness, it has not ceased to be an, ‘industry' only because of its some philanthropic activities. It has also been observed by the High Court Division that the writ petitioner instead of realising service charge is realising interest at a very high rate and, as such, the petitioner comes within t..

Category: Employment/Service Law | Date: 17 Jan, 2004 | Hits: 120

Secretary, Ministry of Health and Family Welfare & others Vs. Parvin Sultana, 2005, 34 CLC (AD)

....illegality in the impugned Judgment of the High Court Division calling for our interference. Accordingly, this petition merits no consideration. Hence, it is dismissed.  Ed. ......illegality in the impugned Judgment of the High Court Division calling for our interference. Accordingly, this petition merits no consideration. Hence, it is dismissed.  Ed. ..

Category: Constitutional Law | Date: 10 Jan, 2004 | Hits: 246

Syed Md. Anwarul Haque and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)

.... This Case is also Reported in: 57 DLR (2005) 248.                         ......le has been formulated by taking into consideration the need to create greater employment opportunities for the large number of Moulanas and unemployed people on the one hand, and providing efficient service for registration of marriages and divorces to the growing population of the country on the o..

Category: Family Law | Date: 9 Dec, 2003 | Hits: 4

Kadamtala Purba Basaboo Uchcha Bidalaya & ors. V. Hasna H. Sarker @ Hasna Heba Sarker & others, 2003, 32 CLC (AD)

....r interference with the impugned judgment of the High Court Division and consequently, this appeal is dismissed with costs of a Senior counsel in all stages. Ed. This Case is also Reported in: ......om the post of Assistant Teacher is void, illegal and without jurisdiction and not binding upon her and also prayed for mandatory injunction against the defendant petitioner; for her reinstatement in service with back salary and allowances. 3. The case of the plaintiff respondent is that she was..

Category: Civil Law | Date: 8 Dec, 2003 | Hits: 209

State Vs. Md. Awal Fakir, 2003, 32 CLC (HCD)

....the terms of the judgment recorded by Nari‑o‑Shishu Nirjatan Daman Adalat, Narail. Lower Court's Record be sent down at once. Ed This Case is also Reported in: 56 DLR (2004) 647. ......l Fakir shall be described hereinafter as condemned-prisoner. Rehana Begum shall be described as victim of crime Rehana Begum. Judgment of conviction and sentence has been assailed pressing into service four branches of contentions. Contentions pressed has been countered from the side of S..

Category: Women and Children | Date: 7 Dec, 2003 | Hits: 178

Govt. of People's Repub. of BD & other Vs. Md. Shamsul Haque & other, 2004, 33 CLC (AD)

...., as such, required to be complied with and writ-­respondent not having complied with the same, the writ petitioner was entitled to restoration as ordered.  The Abandoned Building (Supplementary Provisions) Ordinance, 1985 (LIV of 1985), Section 10(5) The Court of settleme...... 10. We do not find any substance in the submission of the learned Counsel for the petitioners for any interference with the impugned judgment and order. The petition is dismissed. Ed. ..

Category: Property Law | Date: 7 Dec, 2003 | Hits: 139

Bangladesh Vs. Dr. Md. Tofajjal Hossain, 2006, 35 CLC (AD)

....ase was maintainable, the appeal is liable to be dismissed. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 59. ......e Tribunal Act, 1980 before the Administrative Tribunal, Dhaka on 28.9.1997 for setting aside an order dated 8.7.1997 of the Joint Secretary (Administrative) Ministry of Shipping, dismissing him from service. The Administrative Tribunal set aside the order of dismissal. Then the above appeal was pre..

Category: Administrative Law | Date: 10 Nov, 2003 | Hits: 164

Superintendent (now GM), James Finlay PLC & anr Vs. Chair., 2nd Labor Court & anr, 2005, 34 CLC (AD)

....Labour Court to pursue under section 25 of the Employment of Labour (Standing Order) Act, 1965. With these observations this appeal is dismissed without any order as to costs. Ed. ......te by the respondent No. 1 in Complaint Case No. 122 of 1992 under section 25 of the Employment of Labour (Standing Order) Act, 1965 directing the appellant to reinstate the respondent No. 2 in his service with all back wages. The respondent No. 2 was appointed by the appellant on 15‑2̴..

Category: Labour and Industrial Law | Date: 4 Nov, 2003 | Hits: 106

Serajuddin Ahmed & ors. Vs. AKM Saiful Alam & ors., 2003, 32 CLC (AD)

.... good conscience." 30. In the background of the discussions made hereinbefore we find merit in the appeals. Accordingly, the appeals are allowed with costs in two appeals. Ed. ...... was made only to 2 affected persons from amongst the affected persons and the decision to cancel allotment of the respondent Nos. 1‑4 was taken after lapse of more or less 4 years from the date of service of 2nd show cause notice. 19. In refutal of the aforesaid contentions of the responden..

Category: Constitutional Law | Date: 3 Nov, 2003 | Hits: 899

Shah Gauhar Jamil Palash Vs. Shah Md. Mansur, 2003, 32 CLC (HCD)

....e impugned judgment and order of the learned Sessions Judge is hereby vacated. Communicate the order to the court below at once. Ed. This Case is also Reported in: 57 DLR (2005) 298. ......e impugned judgment and order of the learned Sessions Judge is hereby vacated. Communicate the order to the court below at once. Ed. This Case is also Reported in: 57 DLR (2005) 298. ..

Category: Criminal Law | Date: 1 Nov, 2003 | Hits: 1

General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)

....se we direct that parties shall bear their respective costs of litigation. Lower Court's Record be sent down as early as possible. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 161. ...... dismissed the suit. 21. Plaintiff having been resentful of the above adjudication sought setting aside those through medium of this First appeal before this Court. 22. Contentions pressed into service from the side of Plaintiff-appellant are catalogued hereunder: i. Government as Acquiring..

Category: Property Law | Date: 23 Aug, 2003 | Hits: 35

Shafiqul Islam Vs. Government of Bangladesh and another, 2003, 32 CLC (AD)

....d period provided by law. In the circumstances we find no substance in the petition. The petition is accordingly, dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 37. ......judgment and order dated 6‑9‑1999 passed by the Administrative Tribunal, Dhaka in Administrative Tribunal Case No. 120 of 1994. 2. The case of the petitioner, in brief, is that he joined in the service of the then Government of Pakistan in 1967. Subsequently, he was transferred to Dhaka. The p..

Category: Administrative Law | Date: 23 Aug, 2003 | Hits: 128

Motiar Rahman (Md.) and 18 others Vs. Government of the People's Republic of Bangladesh and others

....rculate this Order among all the District Magistrates and all the District and Sessions Judges of Bangladesh. Ed. This Case is also Reported in: 57 DLR (2005) 327.     ......sult: Order was circulated. Whether a District Magistrate or Additional District Magistrate is empowered to pass an order of detention making the same effective for 30 days from the date of service of the order of detention The law enunciated in sub-sections (2) and (3) of section 3 o..

Category: Constitutional Law | Date: 29 Jul, 2003 | Hits: 11

Bangladesh Vs. Rehana Kamal and ors., 2004, 33 CLC (AD)

....inistry of Works and others vs Helaluddin Ahmed reported in 4 MLR (AD) 140 it has been held that: "The High Court Division upon examining the provisions of section 5 of the Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 (Ordinance No. 54 of 1985) observed that 'In the instant c......d any merit in the submissions of the learned Counsel for the appellant. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: ..

Category: Immigration and Citizenship Law | Date: 8 Jul, 2003 | Hits: 279

Mrs. Razia Satter Vs. Mr. Azizul Huq and two others, 2003, 32 CLC (HCD)

....n also the income de­rived from property becomes taxable. There­fore, she must have been an income tax payee. Her silence in this regard casts doubt about the quantum of rent. 35. In the Supplementary-affidavit-in-opposition dated 23.6.2002 to fortify her con­tention that the struct...... They have also denied the fact of serving a lawyer's certificate informing about the passing of the order dated 14.8.2001 and/or serving a certified copy of the aforesaid order through a courier service on the contemner No.1 on 28.8.2001. It is also asserted by them that the petitioner of Writ ..

Category: Constitutional Law, Contempt of Court Law | Date: 30 Jun, 2003 | Hits: 13

Chan Miah (Md) Vs. Md. Dabirul Islam Khan & ors., 2004, 33 CLC (AD)

....it any consideration and we also do not find any illegality or infirmity to interfere with the impugned judgment of the High Court Division. The petition is dismissed.   Ed. ......eration money together with compensation thereon at the rate of 10%. Section 96(4) of the Act provides that any co‑sharer tenant to the case holding can apply within 2 months from the date of service of summons under section 96(3)(b) of the Act. Section 96(5) provides the priorities among t..

Category: Property Law | Date: 5 May, 2003 | Hits: 141

Bangladesh Biman Corporation, represented by MD Vs. Rabia Bashri Irene and others, 2003, 32 CLC (AD)

....sion. In the afore state of the matter we find no substance in these petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in:  55 DLR (AD) (2003) 132. ......ation's permanent staffs and while at work there was no difference between the work actually undertaken on the flights by any permanent stewardesses on the one hand and any stewardess of the contract service on the other hand. The Corporation by an organisation order set out its revised Organisation..

Category: Employment/Service Law | Date: 30 Apr, 2003 | Hits: 164