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H.M.A. Sattar Vs. Government of People's Republic of Bangladesh, 2009, 38 CLC (AD)

....fere with the impugned judgment and order passed by the High Court Division. Accordingly, the application for leave to appeal is dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 71. ......fere with the impugned judgment and order passed by the High Court Division. Accordingly, the application for leave to appeal is dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 71. ..

Category: Civil Law | Date: | Hits: 90

Mohammad Syed Vs. State, 2004, 33 CLC (HCD)

....discharged with the observation as made above. Send down the lower court records with a copy of this order to the court concerned. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 210. ......discharged with the observation as made above. Send down the lower court records with a copy of this order to the court concerned. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 210. ..

Category: Criminal Law | Date: | Hits: 45

GM Morshed Vs. City Bank Ltd. and others, 2004, 33 CLC (HCD)

....r both the sides and carefully perused the application under section 561A of the Code of Criminal Procedure: connecting order sheets, Counter-Affidavit filed 'on behalf of the opposite party No.1 and Supplementary Affidavit filed on behalf of the petitioner. 6. To appreciate the first point as ad......r granted by this Court on 11‑11‑2001 is hereby recalled. Communicate the order to the learned Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 205. ..

Category: Banking Law | Date: | Hits: 237

Loskor Md Mostan Billah Vs. State, 2002, 31 CLC (HCD)

....gum, Assistant Attorney‑General and Fara Mahmuda, Assistant Attorney‑General‑For the State-Respondent. Criminal Revision No. 81 of 2002. Judgment Amirul Kabir Chowdhury J.- Supplementary affidavit filed in Court today be kept with the record. 2. This Rule was issued......ional Sessions Judge or an Assistant Sessions Judge or a Metropolitan, Magistrate or a Magistrate of the First Class." 6. It may be added that by Ordinance III of 1987 restriction of length of service of the Judges to become Special Judges has been removed. The main thrust of the submission o..

Category: Criminal Law | Date: | Hits: 56

Babul Sikder and others Vs. State represented by the DC, 2003, 32 CLC (HCD)

....kerganj) in respect of accused‑appellant Babul Sikder is maintained. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)174. ......minal Appeal. The appellants shall be hereinafter referred to as accused-appellants. 35. Awarding of conviction and imposition of penalty upon accused‑appellants have been assailed pressing into service four (4) branches of contentions. 36. The head most contention pressed into service is th..

Category: Criminal Law | Date: | Hits: 54

Salahuddin Talukder (Md) Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)

....r, Appraiser and others so far relates to the petitioner is hereby declared to have been passed without any lawful authority. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 161. ......on also recommended some changes, but at this stage the Government dropped the idea of passing any law for amalgamation of various posts in Customs but passed the impugned Act in the name of changing service terms and conditions under Article 133 of the Constitution (vide Annexure‑'C' to the writ ..

Category: Employment/Service Law | Date: | Hits: 116

Patwary Rafiquddin Haider Vs. State and another, 2002, 31 CLC (HCD)

....udgment. The question posed is answered accordingly. The Rule arising out of a petition for Anticipatory Bail, thus stands disposed of. Ed. This Case is also Reported in: 55 DLR (2003) 241.......at the affidavit had been the Product of forgery and Notary Public learned Advocate and Magistrate, First Class would be parties to the acts of forgery. 45. The ground and Contentions Pressed into service from the side of the petitioner that the criminal proceeding against the petitioner has been..

Category: Criminal Law | Date: | Hits: 79

Syed Afsaruddin Vs. Bangladesh, represented by the Secretary, Ministry of Works, Government of the People's Republic of Bangladesh and others, 2009, 38 CLC (AD)

....e ‘Ka’ list of the abandoned properties published in the gazette dated 23.09.1986 and that the writ petitioner moved the Settlement Court under the provisions of the Abandoned Property Buildings (Supplementary Provisions) Ordinance, 1985, (Ordinance 54/85) for release of the property from the li......nistry of Works and Urban Development, Government of Bangladesh and others reported in 59 DLR (AD) 165, wherein it has been held that the listing of the property as an abandoned property even without service of notice as per provision of Ordinance No. 54 of 1985 will be lawful and that the decree th..

Category: Property Law | Date: | Hits: 54

Abdul Ahad @ Md. Abdul Ahad Vs. State, 2000, 29 CLC (HCD)

....86 pending in the Court of Upazila Magistrate, Jagannathpur, District Sunamganj are quashed. The Rule is accordingly, made absolute. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 379.......istrate without making a formal complaint by himself or of some other public servant to whom he is subordinate, took cognizance of offence by recording an order that the petitioner and others despite service of notice for removal of the obstruction, disobeyed the direction and thereby they have viol..

Category: Criminal Law | Date: | Hits: 57

Commissioner of Taxes Vs. Bangladesh Rural Advancement Committee (BRAC), 1999, 28 CLC (HCD)

....estions put to us in the reference applications are in the affirmative. These two Reference Applications are accordingly disposed of. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 152. ......he facts and in the circumstances of the case the learned Taxes Appellate Tribunal is justified in treating BRAC “wholly charitable organisation” in so far as it is not engaged in dispensing free service”. iii) Whether on the facts and in the circumstances of the case the learned Taxes Appe..

Category: Fiscal/Taxation Law | Date: | Hits: 99

Mainul Haque (Md.) Vs. Secretary, Ministry of Water Resources, Government of the People’s Republic of Bangladesh, 1998, 27 CLC (HCD)

....efits he is entitled to get under the aforesaid Bangladesh Water Development Board (Employees) Service Rules, 1982, i.e. under the law. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 136.......See-3/Complaint (ka)20/93 dated 5-12-95 (Annexure-N) Memo No.192/WDB/Discipline/Sec-Complaint (ka) 20/95 dated 28-5-97 (Annexure-R) issued by the respondent No. 5 regarding compulsory retirement from service of the petitioner (Annexure-N) should not be declared to have been made without lawful autho..

Category: Employment/Service Law | Date: | Hits: 72

Lutfor Rahman Vs. Divisional Mechanical Engineer and others, 1998, 27 CLC (HCD)

.... Accordingly, we direct to dispose of the review petition according to law. In the result, we make the Rule absolute. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 133.......as not found satisfactory by the authority and was rejected. The petitioner was punished by stopping one annual increment. He was informed about the same on 5-11-85. He was re-instated and joined his service. While he was serving on reinstatement all on a sudden he received the order of dismissal da..

Category: Employment/Service Law | Date: | Hits: 78

Md. Arif Gaffar Vs. Artha Rin Adalat, Khulna and others, 2010, 39 CLC (HCD)

....reby cancelled. The office is directed to communicate the copy of this judgment at once to the concerned executing Court. Nazmun Ara Sultana, J.- I agree. This Case is also Reported in: ......, that after commencement of the execution proceedings, the decree holder bank issued notice under section 30 of the Artha Rin Adalat Ain, 2003 and it was returned to the executing Court after proper service upon the judgment debtors. The writ petitioner appeared before the executing Court on 14.9.2..

Category: Civil Law | Date: | Hits: 169

Dhaka International University Vs. Secretary, Ministry of Education and others, 1997, 26 CLC (HCD)

....s have been published are entitled to certificate of the degree. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 91. ...... further stated that the Writ Petition, Rule and the stay order issued on 24-3-97 was served upon the respondents, the Government and the University Grants Commission. But the respondents in spite of service of these remained silent and allowed the University to continue its normal activities withou..

Category: Others | Date: | Hits: 104

Muhammadullah Vs. Sessions Judge and others, 1998, 27 CLC (HCD)

.... the premises we do not find any illegality in the impugned order. Accordingly, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 374....... the premises we do not find any illegality in the impugned order. Accordingly, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 374...

Category: Criminal Law | Date: | Hits: 56

Riazuddin (Md.) Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)

....he petition is declared to have been made without any lawful authority and is of no legal effect. There will be no order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 361....... have been made without any lawful authority. The learned Advocate further submits that the cancellation of the licences in question do not come within the ambit of section 18 of the Arms Act for non-service of show cause notice particularly in view of the fact that there is nothing on record to sho..

Category: Others | Date: | Hits: 105

Shahjahan Howlader (Md.) Vs. Bazlur Rahman & another, 2000, 29 CLC (AD)

....ntal proceeding initiated by the respondent No.1 by order dated 18-3-95 is struck down. However, there will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 358.......Tribunal, Dhaka suspending the petitioner as per Annexure K. 2. The facts so far as it is necessary to determine the point of law are that the petitioner is a Government Servant and he has been in service for 27 years and served in different capacities efficiently and honestly. The petitioner was..

Category: Employment/Service Law | Date: | Hits: 71

Abu Mohammad Vs. Government of the People’s Republic of Bangladesh & another, 1999, 28 CLC (HCD)

....foregoing reasons, we see there is no merit in this Rule. Accordingly, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 352. ......foregoing reasons, we see there is no merit in this Rule. Accordingly, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 352. ..

Category: Others | Date: | Hits: 95

Abdul Jabber and others Vs. Mohammad Sekander and others, 1998, 27 CLC (HCD)

....stay order if any granted earlier is duly vacated. No order as to costs. Records of the Courts below shall be sent down at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 62. ......he State Acquisition and Tenancy Act reads as follows: “If a portion or share of a holding of a raiyat is transferred, one or more co-sharer tenants of the holding may, within four months of the service of the notice given under section 89, or, if no notice has been served under section 89, wit..

Category: Property Law | Date: | Hits: 67

Syed Ahmed Vs. Abdul Khaleque and others, 1998, 27 CLC (HCD)

...., influenced by any observation made by us and he will unhesitatingly reach his own conclusion on the evidences and materials on record. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 43.......cused-opposite party Abdul Khaleque and thus fell into an error in passing an order of acquittal upon the accused-opposite party Abdul Khaleque. 5. Before adverting to the contentions pressed into service the background of the case may be summed up which are as follows: Dud Mia Mazumder, the fath..

Category: Criminal Law | Date: | Hits: 42