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Bangladesh Vs. Dr. Nasiruddin, 1983, 12 CLC (AD)
....claration that the order of compulsory retirement of the plaintiff vide Notification No.1417-PH dated 5.6.59 are illegal, ultra vires, void and further the plaintiff is still in service under the Government. 3. The suit was decreed by the Trial Court. The view was taken that the Screening Com......this appeal is allowed and the judgment and order of the Courts below are set aside and the plaintiff's suit is dismissed. No costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 359. ..Category: Employment/Service Law | Date: | Hits: 196
Md. Zahir Abdullah Khan @ Zahir Abdullah Khan & others Vs. Abdul Latif & others, 1983, 12 CLC (AD)
....se, then illegal action must be rectified. The High Court Division has given an inconsistent finding. The authorities in pursuance of the requisition of the Pourashava under Ordinance XXVI of 1970 (Government and Local Authority Lands and Buildings (Recovery of Possession) Ordinance, 1970 took t......d. Judgment and decree of both the Courts below are set aside and the plaintiffs' suit is dismissed. There will be, however, no costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 354. ..Category: Property Law | Date: | Hits: 99
....s Recovery Act, in the aforesaid 7 Certificate Cases denying his liability for the huge arrear revenue dues on the grounds, inter alia, that the lands of some of the Khatians had been acquired by the Government and some of the lands had been transferred by him to different persons; and praying for p...... in it and that is why it may be ordered by the Revenue Officer either on his own motion or on an application made to him by the tenant; no notice of the amalgamation is required to be served upon anybody. Subdivision, on the other hand, means physical division of a joint-tenancy as well as distri..
Category: Property Law | Date: | Hits: 128
Nasiruddin Ahmed Pintu (Md.) Vs. State, 2010, 39 CLC (HCD)
....ment, alleging, inter alia, that on 21-3-2007 around 1-30 PM while he (informant) with some constables was in patrol duty received a message over wireless sent from Hazaribag Police Station that some Government relief corrugated iron sheets (CI sheets) would be available at Bhagalpur Lane area. Then......se No.15 of 2007 pending in the 1st Court of the Special Judge, Dhaka, is hereby recalled. The case will proceed in accordance with law. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 214...Category: Criminal Law | Date: | Hits: 230
Sayeed Ahmed Chowdhury and others Vs. SM Zahidul Islam (Zahid) & another, 2011, 40 CLC (HCD)
....eby quashed. The order of stay granted earlier is hereby vacated. Communicate the order once. Send down the LCR. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 212. ......; another……………………….Opposite Parties Judgment February 15, 2011. Result: The rule is made absolute. If anybody fails to comply any order passed under the Labour Court then he can only be prosecuted and puni..Category: Labour and Industrial Law | Date: | Hits: 201
Dr. Kamal Hossain and others Vs. State, 2010, 39 CLC (HCD)
...., 2010. Result: The rule is made absolute. Cases Referred to- Muslimuddin Vs. State, 38 DLR (AD) 31; Paran Chadra Barai Vs. State, 2 BCR 292, (Para-II); 6 BCR (AD) 225; Afzalul Abedin Vs. Government of Bangladesh, 10 BLT 490=8 BLC 601. Lawyers Involved: Mahmudul Islam with Probir N......nformation report. In this regard Mr. Mahmudul Islam, learned Counsel referred a case of Muslimuddin Vs. State, reported in 38 DLR (AD) 31 wherein it has been held that: "In the early morning 'somebody' was sent to the police station to give an information about this gruesome murder. In point of ..Category: Criminal Law | Date: | Hits: 132
Carew and Company (Bangladesh) Limited Vs. Chairman Labour Court and others, 1998, 27 CLC (HCD)
....reement Annexure-’D’ dated 21-11-84 (28-11-84) is neither a ‘settlement’ nor an ‘agreement’ as per section 2 sub-section (24) of the IRO, because copy of the agreement was not sent to the Government and as such the agreement is not enforceable under section 34 of the IRO. This contention......t further delay. The order of stay granted earlier by this Court hereby stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 396. ..Category: Labour and Industrial Law | Date: | Hits: 281
Gazi Wires Ltd. Vs. National Board of Revenue and others, 1998, 27 CLC (HCD)
....he same to various customers in Bangladesh. The petitioner’s Company was required to sell its aforesaid products after having the necessary excise and regulatory duty determined and approved by the Government through the respective zonal officers of the Customs and Excise, Chittagong. The same was......and G to the petition are hereby declared to have been made/passed or issued without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 393...Category: Fiscal/Taxation Law | Date: | Hits: 169
.... 372.
...... Union Parishad. For the purpose of withstanding a challenge to its constitutionality as being violative of Article 27 it was to stand the test of justification for being attached to Local Government body election only. And for that, to begin with, item 7 of the propositions as above will be attract..
Category: Property Law | Date: | Hits: 150
Major General Moinul Hossain Chowdhury Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....t High Court Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Abu Sayeed Ahammed J Major General Moinul Hossain Chowdhury………………Petitioner Vs. Government of Bangladesh represented by the Secretary and others………………Respondents Jud...... also suffers from inordinate delay. For the above discussion, we reject this petition in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 370. ..Category: Employment/Service Law | Date: | Hits: 244
Syed Matiur Rahman Motiur Rahman @ Motiur Rahman Vs. State, 1983, 12 CLC (AD)
.... on 2.1.81 the Public Prosecutor filed a petition, with a prayer for according consent for withdrawal of the case in respect of the appellant and another co-accused Yunus Jamadar on the ground that Government has withdrawn the case in respect of the said two accused persons, vide Memo No.3497(2) J......Division have rightly affirmed the said decision. We find no reason to interfere with the impugned decision. The appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 329...Category: Criminal Law | Date: | Hits: 82
A.S.S. Mohammad Ali Vs. State and another, 1983, 12 CLC (AD)
.... the proceeding against the appellant which has been narrated above. 10. It is common ground that the "prescribed authority" in the case of the Zilla Parishad is the Commissioner under the Local Government Ordinance, 1976. Section 80 provides that no Court shall take cognizance of any offence u......he High Court Division is set aside and the proceeding in Special Case No.15 of 1980 pending before the Special Judge, Bogra is quashed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 324...Category: Criminal Law | Date: | Hits: 81
Abdul Khalek Mia Vs. Maya Debi & others, 1983, 12 CLC (AD)
.... was contended that some of the heirs of Rajani Kanta namely, Monoranjan Singha, Atomba Singha and Maya Debi left for India and the share of these persons have become enemy property and vested in the Government and the Government granted settlement of two-fifth share of the suit premises in V.P. C...... In the result therefore this appeal is allowed and the judgment of the High Court Division is set aside without any order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 310...Category: Property Law | Date: | Hits: 113
Eastern Beverage Industries Ltd. and Others Vs. Bangladesh and others, 1994, 23 CLC (HCD)
....and collection of excise duty. In the year of 1961 by amendment a new sub‑section namely, sub‑section (4) was added to section 3 of the Central Excise and Salt Act, 1944. It provided that Central Government may in lieu of levying and collecting duties of excise on excisable goods under section 3......ction capacity of plants, machinery, undertakings, establishments or installations" has been changed to "capacity of plants, machinery, undertakings, establishment or installations" and the reviewing body has been named as "Standing Tribunal" in place of "Review Board". It is stated that though die ..Category: Fiscal/Taxation Law | Date: | Hits: 199
National Fans Ltd. Vs. Md. Firoz and another, 1995, 24 CLC (HCD)
....ontroller of Patents & Designs, is directed to remove the said design from the record and register of design. No order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 437......., thereby phonetically communicating to the customers that the finished products of both are of the same company. 4. Apart from this it is also alleged that respondent No.1 has also used a similar body for their fans with an insignificant addition or ornamentation, which looks like a small disc a..Category: Intellectual Property Law | Date: | Hits: 192
Reza (Md.) Vs. Executive Engineer, Facilities Department, and others, 1997, 26 CLC (HCD)
....obility gifted the said land to the opposite party No.3 the Girls High School, for extension of women's education in the locality and with the help and supervision of the Facilities Department of the Government construction work of school building was going on covering plot Nos. 155, 153 and suit pl......n the result, the Rule is discharged without any order as to costs. The order of stay, granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 434...Category: Civil Law | Date: | Hits: 93
Moazzem Hossain Vs. State, 1983, 12 CLC (AD)
.... Court was closed from 18th to 26th February, 1983. So his absence on 28th February is for understandable reason and whether his leave will be granted or not is for the appointing authority, namely Government. But it is not understood why the Jessore Bench attempted to make so much out of such inn......denied that he made any false statement regarding his illness. He has explained that in his application for leave dated 19.3.83 he stated that he was "very un-well"; he did not state there or to anybody else that he was "very ill" that day. He reiterated his statement in his leave application date..Category: Criminal Law | Date: | Hits: 116
Nakuleswar Sana Vs. State, 1983, 12 CLC (AD)
....f Tk. two lacs by the said Branch Manager and the repayment started from 7-5-75 according to terms. The Regional Manager considered that the over-draft facility had been given by way of violating the Government order and the Bank Rules. He lodged the F.I.R. on 15-5-75 alleging (a) that during last d......ed, JJ; I concur with the decision of Shahabuddin Ahmed, J. ORDER OF THE COURT By the majority judgment, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 284...Category: Criminal Law | Date: | Hits: 95
A.F. Shahab Uddin Ahmed Vs. National Shooting Federation and others, 2010, 39 CLC (HCD)
....Sports and others, 45 DLR 360; R Vs. Titchmarsh, 1915, 22 DLR 272; R Vs. Lowle 1759, 2Bnrn 834; R Vs. Glamarganshire Inhabitants (1700, Ltd. Raym 580); Board of Education Vs. R-ice 1911 AC 179; Local Government Board Vs. Aldridge (1915 AC 120); Draymond Vs. South West Water Authorities (1976 AC 609)...... last four decades and has discharged various functions entrusted to him by the National Shooting Council (NSC). 3. Respondent no. 1, the National Shooting Federation, Bangladesh, is an affiliated body of the respondent no. 2, the National Sports Council (NSC), established under the National Spor..Category: Property Law | Date: | Hits: 159
....nt and the garden the petitioner has erected and set up, and to allow the petitioner to maintain the same, unhindered.
Gobinda Chandra Tagore J. - I agree.
Ed.
This case is also Reported in:
......d be assumed to have a basic understanding of the way in which the country is governed.
35. To be legitimate, an expectation must be consistent with the terms of the statute under which the public body is empowered to act. So, as Sedley L.J expressed in R Vs. Commissioners of Customs and Excise e..
Category: Civil Law | Date: | Hits: 218
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