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Secretary, Ministry of Establishment and others Vs. Amzad Hossain and others, 2011, 40 CLC (AD)
....s Gazetted Officers immediately from the date of their appointment as Savings Officers. The appeal is disposed of accordingly. Ed. This Case is also Reported in: 18 BLC (AD) (2013)16. ......B-80-735-50-1035 having fulfilled the requisite qualification of 'Bachelor's degree' preferably with economics. Since appointment, the writ-petitioners have been discharging their duties to the satisfaction of the authority. In the Recruitment Rules, 1979, the post of National Savings Officers was "..Category: Employment/Service Law | Date: 24 Nov, 2011 | Hits: 88
Nazir Ahmed and others Vs. Fajal Ahmed & others, 2011, 40 CLC (HCD)
....l bear their respective costs. Send down the lower Court records with a copy of the judgment to the trial Court forthwith. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 260. ......aring the learned Joint District Judge framed as many as 6 (six) issues including one to the effect as to whether the kabalas dated 18-11-1974 and 2-12-1974 are forged, fabricated and sham paper transaction or not. 9. In the suit the plaintiff examined 10(ten) witnesses while the defendant addu..Category: Civil Law | Date: 23 Nov, 2011 | Hits: 7
Joynal Abedin Hazari Vs. State and another, 2011, 40 CLC (HCD)
....e may be discharged from his bail bond immediately. Send down the lower Court records with a copy of this Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 58. ......ng wealth statement there was no any existence of Commission, the notice was served under the signature of the Secretary of the Commission. In the said decision it has also been held that "Satisfaction must be of the Commission itself constituted of no other person than its Commissioners. The r..Category: Anti-Corruption Laws | Date: 20 Nov, 2011 | Hits: 7
Jamuna Television Ltd. and another Vs. Government of Bangladesh & others, 2011, 40 CLC (AD)
....ion without having obtained requisite licences and NOC in accordance with law from the concerned Ministries and authorities. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 253. ......e or in gross abuse of power or in violation of principles of natural justice and not taken in public interest. (5) The Doctrine of legitimate expectation has no role to play where the State action is as a public policy or in the public interest unless the action taken amounts to an abuse ..Category: Information Technology Law | Date: 16 Nov, 2011 | Hits: 18
Human Rights and Peace for Bangladesh Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....tion notwithstanding non-filing of affidavit by reason of the fact that the petitioner NGO depends on fund donated by its members alone as claimed. Ed. This Case is also Reported in: ...... AHM Shamsuddin Choudhury J.- The Rule under adjudication, issued on 05.12.2010 was in following terms: “Let a Rule Nisi be issued calling upon the Respondents to show cause as to why the inaction of the respondents to take necessary steps to stop any kind of building and the respondents ..Category: Property Law | Date: 26 Oct, 2011 | Hits: 23
Elite Lamps Ltd. Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....ithin one month from the date trial Court receives a copy of this Judgment. Communicate a copy of the Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 62. ......tee. The recommendations were finally approved by the Parliament. Accordingly, instructions were issued by the office of the Speaker to the Sonali Bank as well as to the Government for necessary actions. 5. Respondent Bank kept the matter pending for long time and did not inform the petit..Category: Civil Law | Date: 16 Oct, 2011 | Hits: 7
Md. Jasim Uddin Vs. Raqib Mia and others, 2011, 40 CLC (HCD)
.... we do not find an illegality in the impugned order. The appeal, having no merit, is dismissed. Send down the lower Court records. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ......tly held the view that on receipt of a police report, the Tribunal has jurisdiction to direct further investigation or to take cognizance of offence or to discharge the accused by recording its satisfaction, but in any case the Tribunal has no jurisdiction to entertain any naraji petition and to hol..Category: Women and Children | Date: 16 Oct, 2011 | Hits: 199
Renuza Begum and others Vs. Md. Waziullah Mia and others, 2011, 40 CLC (AD)
....tract. There is no merit in these appeals. The appeals are, therefore, dismissed without, however, no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 201. ......st contract was forged by filing money suit in 1965 against Hasan Ali Driver claiming him as tenant under him in respect of a portion of the suit property and this refusal constituted the cause of action for filing suit for specific performance but he did not file suit within three years of such..Category: Contract Law | Date: 11 Oct, 2011 | Hits: 11
Raj Kumar Khetan Vs. Mercantile Bank Ltd. and another, 2011, 40 CLC (HCD)
.... now pending in the Court of Sessions Judge, Naogaon should not be quashed. The Order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 272. ...... Dr. M Zahir with Mr. ASM Abdur Razzaque, the learned Advocate for the opposite party No.1, on the other hand, submits that the opposite party categorically described the very arising out of cause of action having no ambiguity in it and therefore, there is no legal flaws in filing the case and the..Category: Banking Law | Date: 24 Aug, 2011 | Hits: 237
Victor Simon Paat and other Vs. M.V. Accord and others, 2011, 40 CLC (HCD)
....Accord now lying at the outer anchorage of Chittagong Port, Chittagong. 2. Mr. Sundoro Liung, Owner of Vessel M. V. Accord, Regent Kent International, Room No. 1202, Capital Plaza, Jardines Bazar, Causeway Bay, Hongkong. 3. Mr. Anwar Hossain, Co-owner of M. V. Accord, Road No. 1, House No. 6, ......eign account where this money would go, if decreed. 7. The statement made in the paragraph of the plaint are denied with a claim that the defendant holds nothing to the plaintiffs that no cause of action arose on the date as claimed by the plaintiff in the plaint as the plaintiffs along with othe..Category: Admiralty Law or Maritime Law | Date: 23 Aug, 2011 | Hits: 87
KM Alam & Co. and another Vs. People's Republic of Bangladesh, and others, 2011, 40 CLC (HCD)
....countant Firms in strict compliance with the provisions of the Public Procurement Rules-2008 after cancelling the disputed one. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 221. ......years (see Annexures-X and X (2) to the affidavit-in-reply) but were awarded the contract, he submits that BTRC did not have such information at the relevant time and that BTRC would take appropriate actions against them very soon. 13. BTRC is a statutory body constituted under sections 6 and 7..Category: Civil Law, Constitutional Law | Date: 17 Aug, 2011 | Hits: 20
Tae Hung Packaging (BD) Limited and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....nd my learned brother, Md. Abdul Wahhab Miah J. I agree with the judgment of my learned brother, Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 144. ......o him. Article 31 guarantees the protection of law. It has two parts (1) the citizens and the residents of Bangladesh have the inalienable right to be treated in accordance with law, and (ii) no action detrimental to the life, liberty, body, reputation of property of any citizen or resident ..Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39
M/S. Hasan Vegetable Oil Mills Ltd. Vs. M. T. SCEPTRE, 2011, 40 CLC (HCD)
.... as to costs. The Bank Guarantee submitted by the defendants earlier be returned immediately to the filing Advocate on behalf of the defendant Nos.1 and 3. Ed. This Case is also Reported in: ......alleged claim of the plaintiff as stated in break down in Paragraph No. 11 of the plaint is exorbitant one and the defendants are not liable to comply the said claim. The plaintiff having no cause of action against the contesting defendants instituted the instant Admiralty suit on false pretext whic..Category: Admiralty Law or Maritime Law | Date: 17 Jul, 2011 | Hits: 61
Abul Bashar Vs. Abul Kashem and others, 2011, 40 CLC (HCD)
....rder without giving any unnecessary adjournment to the parties. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 199. ......l No.81 and 82 of 1993 which were heard analogously by the learned Subordinate Judge 2nd Commercial Court, Chittagong who allowed Other Appeal No.81 of 1993 partly decreeing specific performance contraction in respect of 5 gonda of land out of 10 gonda as per bainanama and dismissed Other Appeal No...Category: Civil Law | Date: 23 Jun, 2011 | Hits: 44
Sonali Bank Limited Vs. Abdul Malek and another, 2011, 40 CLC (HCD)
....w that this Civil Petition for Leave to Appeal has no merit and is, accordingly dismissed, without, however, any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 649. ...... order of the High Court Division as well as the judgment and decree of the Artha Rin Adalat. The High Court Division has observed that this matter has been pending since 1991 and Sonali Bank took no action to prosecute the case and if the Bank had accepted the decree when it was pronounced then by ..Category: Banking Law | Date: 22 Jun, 2011 | Hits: 162
Sonali Bank Limited Vs. Abdul Malek and another, 2011, 40 CLC (HCD)
....w that this Civil Petition for Leave to Appeal has no merit and is, accordingly dismissed, without, however, any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 649. ...... order of the High Court Division as well as the judgment and decree of the Artha Rin Adalat. The High Court Division has observed that this matter has been pending since 1991 and Sonali Bank took no action to prosecute the case and if the Bank had accepted the decree when it was pronounced then by ..Category: Banking Law | Date: 22 Jun, 2011 | Hits: 7
Abu Bakkar Lashkar & others Vs. Rostam Ali Mondal & others, 2011, 40 CLC (AD)
....ciation of law and facts do not call for interference. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 210. ...... more than fifteen years. 9. The plaintiffs-petitioners filed the suit for declaration of title and recovery of possession of the suit land or in the alternative for partition. The cause of action of a partition suit is recurring. The plaintiffs may have recourse to legal measures before t..Category: Procedural Law | Date: 9 Jun, 2011 | Hits: 100
Md. Majedur Rahman Vs. State and another, 2011, 40 CLC (HCD)
....ore discharged from his bail bond as he is on bail by order of this Court dated 26.10.2009. The office is directed to send down the lower’s Court record. Ed. This Case is also Reported in: ......ant and the accused appellant and she raised hue and cry. On that day she submitted a complaint to the Managing Committee of the school. The Managing Committee took up investigation and took punitive action against the accused appellant, suspended him from service and instructed her to lodge an FIR ..Category: Women and Children | Date: 6 Jun, 2011 | Hits: 142
Bangladesh Tobacco Company Limited Vs. Ashoke Kumar Das & others, 2011, 40 CLC (HCD)
.... In the result, this appeal is disposed of. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 53. ...... Order XXIII Rule 1 In drafting the plaint the learned Advocate for the plaintiff appellant did not notice the schedule of the deed and drafted plaint as if there is no defect in the cause of action; no prayer was made to challenge the deeds of the defendants claiming title proper genealogy..Category: Procedural Law | Date: 2 Jun, 2011 | Hits: 6
Human Rights and Peace for Bangladesh Vs. Bangladesh, 2011, 40 CLC (HCD)
....resent high volume of cases, it is not possible on their part to bear the cost of the cases filed as public interest litigation. Ed. This Case is also Reported in: ......suddin Choudhury, J.- The Rule under adjudication, issued on 04.05.2010 was in following terms: “Let a Rule Nisi be issued calling upon the respondents to show cause as to why the inaction of the respondents to stop pollution of water of Buriganga river, shall not be declared ille..Category: Environmental Law | Date: 1 Jun, 2011 | Hits: 37