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AZM Tajul Islam vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)
....ed on 24-10-2013 calling upon the respondents to show cause as to why the impugned Memo dated 9-10-2013 (annexure-H) shall not be declared to have been made without lawful authority and is of no legal effect, and why they shall not be directed to promote the petitioner to the post of Chief Engi......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
....ders of stopping salaries, other benefits and office work bearing Memo No. 982 dated 18-4-2011 (Annexures-G and G-1) should not be declared to have been made without any lawful authority and is of no legal effect.
2. Facts, leading to the issuance of this Rule, in short, are that the petitioner......s directly linked with his/her bread and butter loss of which directly affects his/her survival as human.
15. The authority is doubtlessly empowered to take action against anyone irrespective of status for the interest of the institution but in case of taking the job of a menial they must ..
Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2014 | Hits: 6
Ekramul Haque Balbul Vs. Md. Faiz and others, 2014, 43 CLC (AD)
....tivities of the Chittagong University in respect of the examination marks interpolated in the tabulation sheets. He submitted that these are matters of public interest, and publication of such illegal activities of the Controller of Examination of Chittagong University comes within the ambit of......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. ..Category: Constitutional Law, Contempt of Court Law | Date: 11 Mar, 2014 | Hits: 16
....not be declared to be ultra vires to the Bangladesh Civil Service Recruitment Rules, 1981 and Articles 27 and 29 of the Constitution and to have been issued without lawful authority and is of no legal effect and also as to why the respondents concerned should not be directed to issue a notifica......uitment Rules, 1981 (in short, the Rules), Part-VII BCS (General Education), Serial No.17 the posts of (a) District Education Officer (b) Headmaster and (c) Headmistress have been given the same status and have been placed in the same position. However, the said Rule contains provision for fill..
Category: Constitutional Law, Employment/Service Law | Date: 9 Mar, 2014 | Hits: 3
Amirul Islam (Md.) Vs. Commissioner of Customs Chittagong and others, 2014, 43 CLC (HCD)
.... (Determination of Value of Import Goods) Rules, 2000 following the judgment and order, dated 19-11-2012 passed by the High Court Division in writ petition No. 59 of 2012 shall not be declared illegal, without lawful authority and is of no legal effect and as to why they should not he directed ...... order positively. In the result, the rule is disposed of with direction as made above. Communicate this order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 94 ..Category: Fiscal/Taxation Law | Date: 5 Mar, 2014 | Hits: 8
SM Deen Islam Vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)
....spending the petitioner from the post of Chairman of Chagladaha Union Parishad, Terokhada, Khulna (Annexure-E) should not be declared to have been passed without lawful any authority and hence, of no legal effect. 3. In writ Petition No.3705 of 2013, vide Rule Nisi so issued under Article ......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)
....paper of the petitioners from contesting the directors' election in the 30 AGM of the respondent Bank, the scrutiny committee of the Respondent No. 2, Office of the Chief Election Commissioner, illegally and unlawfully issued a notice dated 14-8-2013 holding that the petitioners were not qualifi......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 ..Category: Banking Law, Corporate Law | Date: 25 Feb, 2014 | Hits: 9
Moklesur Rahman (Md.) and another Vs. Government of Bangladesh and others, 2014, CLC (AD)
.... under section 57 of the Artha Rin Adalat Ain 2003 and confirming the auction of the mortgaged property (annexure-J) shall not be directed (sic) to have been issued without lawful authority and is of legal effect and/or pass such other or further order or orders as to this Court may seem fit and pro......hereinbefore. The Artha Rin execution case in question (No.560 of 2004) shall stand satisfied accordingly. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 207. ..Category: Others | Date: 24 Feb, 2014 | Hits: 15
....ail is obviously an extraordinary measure in that ordinarily an accused is required to pray bail from the lowest ladder of the Criminal Court with jurisdiction. In fact that is what the relevant legal scheme contemplates. When an accused invokes section 498 to use the High Court Division as the......e High Court Division.
The petition for Leave to Appeal is disposed of with the above observations and guidelines.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 92.
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Category: Anti-Corruption Laws, Criminal Law, Procedural Law | Date: 24 Feb, 2014 | Hits: 52
BOC Bangladesh Ltd Vs. National Board of Revenue and others, 2014, 43 CLC (AD)
....ecord No.4th/A(12)11/MUSAK/Value Declaration/91/91, 9-9134 dated 21-11-1992 and asked the writ-petitioner, to pay the price declaration, which has been impugned before the High Court Division to be illegal and of no lawful authority. 4. Being aggrieved by and dissatisfied with the impugned No. ......y the High Court Division is set aside. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 372 ..Category: Fiscal/Taxation Law | Date: 19 Feb, 2014 | Hits: 5
কবির ষ্টীল লিমিটেড বনাম কমিশনার অব ট্যাক্সেস, 2014, 43 CLC (HCD)
....নগত প্রশ্ন উত্থাপন করা হইয়াছে যাহা নিম্নরূপ; (I) whether the Taxes Appellate Tribunal, Chittagong Bench, chittagong is legally justified for whimsically partly confirming the first appeal order passed by the Appellate A......ারপতি মোঃ ইমদাদুল হক আজাদ.- আমি একমত হইলাম। This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 17 Feb, 2014 | Hits: 7
Durnity Daman Commission Vs. Jesmin Islam and another, 2014, 43 CLC (AD)
....04. The High Court Division exercised its discretionary power without assigning any reason whatsoever. It simply said that it found prima-facie case in favour of the accused-respondent. This is not a legal ground for exercising the power. We have repeatedly held that it is an extra-ordinary remedy a......patory bail. The impugned judgment is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 1. ..Category: Criminal Law | Date: 10 Feb, 2014 | Hits: 4
Durnity Daman Commission Vs. Durnity Daman Commission, 2014, 43 CLC (AD)
....04. The High Court Division exercised its discretionary power without assigning any reason whatsoever. It simply said that it found prima-facie case in favour of the accused-respondent. This is not a legal ground for exercising the power. We have repeatedly held that it is an extra-ordinary remedy a......used-respondent on anticipatory bail. The impugned judgment is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 1 ..Category: Criminal Law | Date: 10 Feb, 2014 | Hits: 4
Loreeto Vs. Nasreen Sobhan and another, 2014, 43 CLC (AD)
....f 2003 in maintaining the judgment of the High Court Division which has affirmed the decree for compensation at the rate of Taka 5,000 per day from the date of termination of the tenancy by legal notice under section 106 of the Transfer of Property Act while passing a decree for eject......he decree are hereby expunged. The appeal is disposed of with the above expunction without, however, any order as to costs. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 111. ..Category: Civil Law | Date: 3 Feb, 2014 | Hits: 14
Selim Hossain (Md.) Vs. Shahabuddin Ahmed and others, 2014, 43 CLC (AD)
....urable or immune from being challenged. The orders of the High Court Division declaring the proceedings and the auction sale of the mortgaged property in question held in the execution as illegal, the observation that "The auction purchaser respondent No.3 will get return of the entir......t-petitioner without creating any hindrance or obstacle and the executing Court shall pass necessary order in that respect. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 115. ..Category: Civil Law | Date: 3 Feb, 2014 | Hits: 6
....ecognized that the economic expediencies lack adjudicative decision and unless the economic decision, based on economic expediencies, is demonstrated to be so violative of constitutional or legal limits.
The court should not ordinarily interfere with policy decisions, unless clea......peal No. 48 of 2012 is allowed so far as it relates to respondent No. 9 Md. Saiful Alam Khondker and dismissed against the rests.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 257
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Category: Administrative Law, Employment/Service Law | Date: 2 Feb, 2014 | Hits: 9
.... constraint on individual and institutional behaviour; (hence) the principle whereby all members of a society (including those in government) are considered equally subject to publicly disclosed legal codes and processes.
15. In 1607, English Chief Justice Sir Edward Coke said in the Case ......lia to Article 27 of the Constitution, it is desirable to provide protection against discrimination on the grounds of religion, belief, political opinion, race, occupation, nationality, or civil status, in order to promote equal participation in the society, and it is therefore desira..
Category: Anti-Corruption Laws | Date: 30 Jan, 2014 | Hits: 5
Lakshmi Bala Sen and others Vs. Tarun Tapan Dutta @ Tapan Kumar Dutta and others, 2014, 43 CLC (AD)
....endant Nos.4-6 for Tk.6000 (six thousand) by a mortgage deed dated 25-11-1962 registered on 13-12-1962 and delivered the possession of the mortgaged land to the mortgagee that with a view to avoiding legal complications. The deed was executed as a deed of sale but from the long period of 10 years me......he matter, we do not find any substance in this appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 162. ..Category: Tenancy Law | Date: 30 Jan, 2014 | Hits: 15
Mortuz Ali Khalifa Vs. Jobeda ® Kalu Bibiand others, 2014, 43 CLC (AD)
.... 2007. Leave was granted by this Division to consider whether "while the learned Court below allowed the petitioner to file written statement and accordingly he filed the same so, he accrued the legal right for cross-examining the plaintiffs' witnesses, but the learned Court below without c......ereby direct the trial Court to conclude the, trial expeditiously, preferably within 6 months of receiving a copy of this judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 3 ..Category: Civil Law | Date: 29 Jan, 2014 | Hits: 1
Md. Shafayet Hossain Rana Vs. State and Md. Syed Rejaul Karim Salim, 2014, 43 CLC (HCD)
....ashment through his bank H.S.B.C. Bank Ltd. but both the cheques were dishonoured on15.07.2008 with remark “insufficient fund”. Thereafter, the complainant-petitioner served two statutory legal notices both dated 14.08.2008upon the opposite party 2 informing him about the dishonour of th......dispose of the same expeditiously. Send down the lower Courts’ records and communicate the judgment. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: ..Category: Civil Law | Date: 21 Jan, 2014 | Hits: 111
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