Casual Employees are Entitled to be Regularized under Revenue Set upHigh Court Division(Special Original Jurisdiction) Tariq ul Hakim J Md Shohrowardi J Nur Alam Chowkider (MD) Petitioners vsBangladesh, represented by the Secretary, Ministry of Shipping, Bangladesh Dhaka and others …………… Respondents JudgmentFebruary 5th, 2019Constitution of Bangladesh, 1972 Article 102(2) No provision has been made in the evsjv‡`k Af¨šÍixY †bŠ cwienb K‡c©v‡ik‡bi Kg©Pvix PvKzix cÖweavbgvjv, 1989 prohibiting absorption/ regularization of the service of casual employees in the revenue set up. Rather...
Appellate Division :(Civil) Nazmun Ara Sultana J Syed Mahmud Hossain J Md Imman Ali J Md Anwarul Haque J Judgment April 10th, 2012. Government of Bangladesh and others … Petitioners vsJamaluddin and another ……..………….RespondentsConstitution of Bangladesh, 1972 Article 102 Admitedly, all the three educational institutions in questions were included in the list of MPO by the authority concerned. Before excluding these educational institutions from the list of MPO the authority concerned ought to have assigned reasons for doing so and...
(From previous issue) :5. In course of the said Execution proceedings, the judgment-debtors entered their appearance. As no property had been mortgaged with the decreetal bank, when the loan was sanctioned, the decree holder on 15-5-2011 filed an application under Section 34(1) of ‘Artha Rin Adalat Ain’ 2003 (shortly, ‘the Ain’) praying for issuing warrant of arrest against the judgment-debtors. 6. The learned Judge, Artha Rin Aoalat on considering the application so filed by the decree holder bank issued warrant...
Appellate Division (Civil) :Md Abdul Wahhab Miah J Nazmun Ara Sultana JMd Imman Ali JMd Nizamul Huq JOriental Bank Ltd (formerly Al-Baraka Bank Limited)…..…………………………..Petitioner vsExport Import Bank of Bangladesh Ltd and others ……………….Respondents Judgment December 1st, 2016 FraudAny allegation of fraud has to be proved strictly by adducing evidence… (10) Zyta Garments Ltd vs Union Bank Ltd., 55 DLR (AD) 56 ref.M Fida M Kamal, Senior Advocate, instructed by Md Zahirul Islam, Advocate-on-Record-For the PetitionerM Anwarul Azim Khair, Advocate, Instructed...
High Court Division :(Criminal Appellate Jurisdiction) ANM Bashirullah J Belal Uddin (Md) ……..………….Convict-Appellant vsMd Lutfor Rahman and another…………………. Respondents Judgment January 27th, 2014. Negotiable Instruments Act (XXVI of 1881) Section 138 The amount covered by the cheque nor any higher or lesser amount of the cheque and if the demand is made for a lesser amount or for a bigger amount not covered by the cheque, which was dishonoured the prosecution case must fail. …………(21) Code of Criminal Procedure (V...
Appellate Division (Civil) Md Abdul Wahhab Miah J Md Imman Ali J AHM Shams uddin Choudhury J Judgment June 23rd, 2015 Helaluddin ………… ……… Appellant Nazimuddin and others ………………… Respondents” Code of Civil Procedure (V of 1908) Order XLI, rule 3 Where a co-sharer in ejmali property, when he has been in exclusive possession of a specific and separate share thereof demarcated by boundary, is entitle to retain his portion till legal partition, by an order of injunction. …………..We find that...
Taimur Alam Khondaker :Bangladeshi men and women migrate willingly to Saudi Arabia, Bahrain, Kuwait, the United Arab Emirates (UAE), Qatar, Iraq, Lebanon, Malaysia, Liberia, and other countries for work, are often under legal and contractual terms. Most Bangladeshis who seek overseas employment through legal channels rely on the 724 recruiting agencies belonging to the Bangladesh Association of International Recruiting Agencies (BAIRA). These agencies are legally permitted to charge workers up to $1,235 and place workers in low-skilled jobs typically paying...
Appellate Division :(Civil) Nazmun Ara Sultana J Syed Mahmud Hossain J Md lmman Ali J Md Anwarul Haque J Government of Bangladesh and others … Petitioners vsJamaluddin and another ……….….. … Respondents* Judgment April 10th, 2012Constitution of Bangladesh, 1972 Article 102 Admitedly, all the three educational institutions in questions were included in the list of MPO by the authority concerned. Before excluding these educational institutions from the list of MPO the authority concerned ought to have assigned reasons for doing...
Appellate Division : (Criminal) Syed Mahmud Hossain CJ Md Imman Ali J Hasan Foez Siddique J Mirza Hussain Haider J Abdur Rab Munshi……Petitioner vs State…….Respondent. Judgment October 7th, 2018 Code of Criminal Procedure (V of 1898) Section 35A Any period that the convict suffered in custody during the course of the trial shall be deducted from the period of his sentence……………………………. (16) SM Atikur Rahman, Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the PetitionerNone Represented-For the Respondent.JudgmentMd Imman Ali J: The...
High Court Division :(Criminal Appellate Jurisdiction) Md Rais Uddin JMohiuddin Chowdhury (Md) ……………… Accused-Appellant vs State and another………………….RespondentsJudgmentFebruary 28th, 2018Negotiable Instruments Act (XXVI of 1881) Sections 138(1) and 141 Certain conditions precedent are stipulated in the provision of Section 138(1) of the Act which are to be complied with before imposing any criminal liability to the drawer. From the scheme of the Act, it is clear that following the dishonour of cheque a notice is to be issued in writing...
Barrister Nazir Ahmed :On 25 and 26 February 2009 some indisciplined soldiers of the then Bangladesh Rifles (BDR) killed 74 people including 57 army officials. Army officials include one Major General, two Brigadier Generals, sixteen Colonels, eleven Lieutenant Colonels, twenty three Majors and two Captains. A few civilians on the street were also killed from stray bullets. Such mass killings of senior army officers are unprecedented in the world history even during a war. The reference to the Supreme Court...
High Court Division(Criminal Miscellaneous Jurisdiction) Md Abdul Hafiz J Mohi Uddin Shamim J Iftekhar Hossain Chowdhury……Accused -Petitioner VsState ………….Opposite-Party. Judgment February 27th, 2019 Code of Criminal Procedure (V of 1898) Section 561A Since the proceeding has been initiated on the allegation of misappropriation of money by the accused-petitioner of the Company under Section 420 of the Penal Code by a police officer and not by the Company as a cheated person, the informant had no legal authority to lodge the...