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Director General, Bangladesh Standards and Testing Institution Vs. Matiur Rahman and others, 2014, 43 CLC (AD)

....e statements made in the affidavit-in-opposition that his service was not regularized under the rev­enue budget, was absolutely false and incor­rect. With the approval of the President of the Republic by Memo No.শিল্প/স্বস-৫/বিএসটিআই-৪/৮৭/৩১৬/......ion in that respect. In view of the above, we find no merit in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 138. ..

Category: Employment/Service Law | Date: 4 May, 2014 | Hits: 7

Ayub Hossain Khan (Md.) Vs. Bangladesh and others, 2014, 43 CLC (AD)

....the learned Advocate and his client resorted to clear fraud upon the Court for which they deserve to be reprimanded. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 215.   ......it Petition No.6766 of 2011. 22. The High Court Division projected with vivid details the evolution of the vested property legislations which commenced its maiden voyage with the passage of East Pakistan Enemy Property (Land and Buildings) Administration and Disposal Order 1966 and then reprodu..

Category: Civil Law, Property Law | Date: 4 May, 2014 | Hits: 20

Chittagong Steel Mills Ltd and another Vs. MEC, Dhaka & others, 2014, 43 CLC (AD)

....e do not find any substance in this appeal. Accordingly, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014)246.   ......ard interest on award which was required to be passed by the trial Court was moot­ed and decided. In that case, taking into stock the principles enunciated in a good number of author­ities of Pakistan and Indian jurisdiction and also taking into stock the provisions of section 29 of the Arbi..

Category: Civil Law | Date: 23 Apr, 2014 | Hits: 10

AZM Tajul Islam vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)

....nd Md. Kabir Ahmed Bhuiyan, Additional Chief Engineer, PWD was recommended for promotion to the Post of Chief Engineer, PWD  subject to condo­nation of service length by the President of the Republic. 22. Although the petitioner is at serial number 3 in the seniority list while Md. Kab......seniority and experience, on the basis of the ACR within 15 days of receipt of this judgment and order. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 266.     ..

Category: Administrative Law | Date: 3 Apr, 2014 | Hits: 6

Ekramul Haque Balbul Vs. Md. Faiz and others, 2014, 43 CLC (AD)

....mpugned judgement and order is set aside. Saber Hossain Chowdhury is exonerated from the charge leveled against him. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 208.   ......ent March 11, 2014 Result: The Appeal is allowed. Case Referred to- Md. Riaz Uddin Khan Vs. Mahmudur Rahman, 63 DLR (AD) 29, Sir Edward Snelson Vs. Judges, High Court of West Pakistan, Lahore 16 DLR (AD) 535; Shri Baradakanta Mishra Vs. Registrar of Orissa High Court, AIR SC..

Category: Constitutional Law, Contempt of Court Law | Date: 11 Mar, 2014 | Hits: 16

Hossain Ali (Md.) and 22 others Vs. Bangladesh, represented the Secretary Ministry Education and others, 2014, 43 CLC (HCD)

....AAG—For the Respondents. Writ Petition No. 9227 of 2013. Judgment Kazi Md. Ejarul Hague Akondo J.— This Rule Nisi, under Article 102 of the Constitution of the People's Republic of Bangladesh, was issued calling upon the respondents to show cause as to why the Notifica......;                    Ed.    This Case is also Reported in: 67 DLR (HCD) (2015) 204 ..

Category: Constitutional Law, Employment/Service Law | Date: 9 Mar, 2014 | Hits: 3

SM Deen Islam Vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)

....een heard together and are being disposed of by this single judgment. 2. In writ Petition No. 10166 of 2013, a Rule Nisi has been issued under Article 102 of the Constitution of the People's Republic of Bangla­desh, calling upon the respondents concerned to show cause as to why the impu......issue a fresh order in strict compliance of law, if so desires. There will be no order as to costs. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 34.     ..

Category: Administrative Law, Constitutional Law | Date: 4 Mar, 2014 | Hits: 5

Hafiz Ahmed Mazumder Vs. Pubali Bank Limited, 2014, 43 CLC (HCD)

....me of admission of this petition is hereby vacated. The parties will bear their respective cost. This Case is also Reported in: 66 DLR (HCD) (2014) 234       ......trar of Joint Stock Companies and Firms. Respondent No. 4 is Bangladesh Securities and Exchange Commission (BSEC); that the Respondent No. 1, the Bank, was initially established in the erstwhile East Pakistan as Eastern Mercantile Bank Limited in the year 1959 under the Companies Act, 1913; after in..

Category: Banking Law, Corporate Law | Date: 25 Feb, 2014 | Hits: 9

Aftab Uddin (Md.) Vs. Chairman, Court of Settlement and another, 2014, 43 CLC (AD)

....manded to the Court of Settlement to deal with it in the light of our dis­cussion above. There will be no order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 253. ......uildings published in the Bangladesh Gazette (Extraordinary) dated 23 September, 1986 as per provision of section 5(1) (b) of the Ordinance, was leased out for Taka 600 by the then Government of East Pakistan on 10-2-1956 to one Kulsum Bibi wife of Abdur Rahman, a refugee. It was one of the stipulat..

Category: Abandoned Properties Law | Date: 19 Feb, 2014 | Hits: 21

S.N. Kabir Vs. Fatema Begum and others, 2014, 43 CLC (AD)

...., we do not find any substance in these civil petitions for leave to appeal. Accordingly, both the peti­tions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 193. ......ure by importing the words 'rural area' in section 5 and addition of such words will amount to legislation by the judi­ciary which is not at all permissible. 24. The Supreme Court of Pakistan in the case of Md. Ismail Vs. State, 21 DLR (SC) 161 observed in paragraph 15 that the func..

Category: Property Law | Date: 16 Feb, 2014 | Hits: 19

Human Rights and Peace for Bangladesh and others Vs. Hon'ble Speaker, Bangladesh Jatiyo Sangsad and others, 2014, 43 CLC (HCD)

....er". 2. The averments figured in the writ peti­tion, in generating, are as follows: The instant Public Interest Litigation under Article 102 of the Constitution of the Peoples' Republic of Bangladesh, is preferred by an organization in the name & style the Human Rights and......, Bangladesh Jatiyo Sangsad and others..............Respondents Judgment January 30, 2014. Result: The Rule is made absolute. Case Referred to- Jibendra Kishore Vs. East Pakistan, 9 DLR (SC) 21; Sheikh Abdus Sabur Vs. Returning Officer, 41 DLR (AD) 30; Maneka Gandhi Vs...

Category: Anti-Corruption Laws | Date: 30 Jan, 2014 | Hits: 5

Abdul Quader Mollah Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka, 2013, 42 CLC (AD)

.... For the reason stated above, we find no merit in these review petitions. The petitions are accord­ingly dismissed on merit. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 289. ......;  December 12, 2013 Result: The petitions are dismissed. Cases Referred to- AP Vs. LVA Dikshitulu, AIR 1979 SC 193; CIT Vs. National Jaj Traders, AIR 1980 SC 485; East Pakistan Vs. Sarafatullah, PLD  1970 (SC) 514; India Vs. Pradeep Kumari, AIR 1995   S..

Category: International Crimes Tribunal Law | Date: 12 Dec, 2013 | Hits: 15

Md. Nuruzzaman (Noni) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)

....Attorney General- For the respondent-government. Writ Petition No.7553 of 2007. Judgment Farah Mahbub J.- In this Rule, issued under Article 102 of the Constitution of the People’s Republic of Bangladesh, the petitioner has challenged the vires of amended serial No.2, clause-Kha ......fructuous. The order of stay granted earlier is hereby vacated. There will be no order as to costs. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: 20 Nov, 2013 | Hits: 24

AKM Mosharraf Hossain Vs. State & another, 2013, 41 CLC (HCD)

....CIC office and prepared a seizure list of the same. Thereafter, he deposed that after enquiry, it has came to his notice that the convict-appellant under the order of the then President, People's Republic of Bangladesh was appointed as Secretary, Ministry of Industries for a period of three year......realise the fine in accordance with law. Let a copy of this judgment along with LCR be sent to the concerned Court at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 564 ..

Category: Anti-Corruption Laws, Criminal Law | Date: 10 Oct, 2013 | Hits: 3

Moulana Abdul Hakim (Md.) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)

....102(1) is clearly of availability of redress against "anyone." or "any authority", inclusive of "any person per­forming any function in connection with the affairs of the Republic." The reference to govern­ment functionaries must accordingly, be seen as an appen......ed of with the directions above. 43. There is no order as to costs. Communicate this judgment and order forth­with. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 83 ..

Category: Administrative Law, Constitutional Law | Date: 3 Oct, 2013 | Hits: 2

Satsang Bangladesh, D. Pakutia Vs. People’s Republic of Bangladesh and others, 2013, 42 CLC (HCD)

....h Court Division (Civil Revisional Jurisdiction) Present: Soumendra Sarker J Satsang Bangladesh, D. Pakutia.............Plaintiff-Appellant-Petitioner Vs. People’s Republic of Bangladesh and others.......Defendant-Respondent- Opposite Parties Judgment Se......ee Sree Thagore Anukul Chandra leaving the Ashrom on 1st September, 1946 AD went to Deoghor of Bihar Province in India. He never returned back to Pabna and as a result the Government of the then East Pakistan acquired the entire land of Hemayetpur Ashrom and established a 'Mental Hospital' t..

Category: Civil Law, Procedural Law | Date: 26 Sep, 2013 | Hits: 3

Government of Bangladesh Vs. Md. Abdul Maleque Miah and 7 anothers, 2013, 42 CLC (AD)

.... to the decision reported in 44 DLR (AD) 111 in the case of Majibur Rahman Vs. Bangladesh, declaring bar of jurisdiction in respect of terms and conditions of service of persons in the service of the Republic by way of writ-petition and the decision reported in 41 DLR 538 on the exact point of imple......allowed and the impugned judgment and order is set aside with the obser­vations made in the body of the judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 167   ..

Category: Administrative Law, Constitutional Law | Date: 17 Sep, 2013 | Hits: 3

ATM Nazimullah Chow¬dhury Vs. State & another, 2013, 42 CLC (HCD)

....eps to secure his arrest. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 500.   ...... this enactment itself has saved the trial of an offender under two different enact­ments, one of them being the Act (II of 1947). There is a similar provision contained in sec­tion 71 of the Pakistan Penal Code which pro­hibits punishing an offender for more than once for the same act w..

Category: Criminal Law, Procedural Law | Date: 1 Aug, 2013 | Hits: 5

Maulana Syed Rezaul Haque Chadpuri and others Vs. Bangladesh Jamaat-e-Islami and others [2nd Part], 2013, 42 DLR (HCD)

....einafter referred to as the BJI). 287. The petitioners have therefore decided to challenge the EC, because they want to ensure that all the constitutional functionaries and office bearers of the Republic, including the EC, without fail, observe the rule of law and the Constitution and seek to h......other gruesome acts, atrocities and unleashed a systematic reign of terror, through the training of Al-Shams, Al-Badr, Rajakars, Peace Committee and other auxiliary forces and guided the occupational Pakistani Army and its auxiliary forces to commit holocaust in the name of Islam. 290. The Elec..

Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10

Maulana Syed Rezaul Haque Chadpuri and others Vs. Bangladesh Jamaat-e-Islami and others [1st Part], 2013, 42 DLR (HCD)

....ion as aforesaid, briefly, is that BJI, though a political party based on Islamic values, operates within the purview of the Constitution and the law of the land. BJI recognizes the legitimacy of the Republic and the Constitution. BJI is ready to make its constitution compliant with the registration......e consideration the Court should not allow itself to be activised at the instance of such person and must reject his application at the threshold. (Emphasis added) 28. In Benazir Bhutto Vs. Pakistan, PLD 1988 SC 416, Pakistan Supreme Court held that as Article 184(3) is open-ende..

Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11