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Rayna Begum and others Vs. Md. Marufuddin Ahmed and others, 2008, 37 CLC (AD)
.... are not entitled to such and order in a suit so framed. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 785. ......unction only to deprive the defendant No.1 from getting the fruit of his case. It was further stated that the plaintiffs have no legal right to challenge the said judgment and order and no judicial proceeding can be stopped or restrain by was of temporary injunction when the same was upheld on co..Category: Property Law | Date: | Hits: 33
Md. Anwar Hossain Vs. Superintendent of Police, Khulna and others, 2008, 37 CLC (AD)
....re is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 780. ......that the enquiry against the petitioner was duly held and the petitioner being found guilty therein, was removed from his service and no illegality or irregularity was committed in the departmental proceeding. The Administrative Tribunal, after hearing, allowed the case and ordered reinstate..Category: Administrative Law | Date: | Hits: 162
Government of Bangladesh and others Vs. Md. Abdul Halim Miah and (3) others, 2003, 32 CLC (AD)
....e appeals are allowed without any order as to costs and the impugned judgment and order making the rules absolute are hereby set aside. Ed. This Case is also Reported in: I ADC (2002) 230. ......e jurisdiction in respect of matters relating to or arising out of the terms and conditions of persons in the service of the republic etc. Article 117 (2) provides that no court shall entertain any proceeding or make any order in respect of any matter falling within the jurisdiction of such Tribun..Category: Employment/Service Law | Date: | Hits: 118
....already done in accordance law, in full and final settlement of the claims of the writ-petitioner under the contracts.
Ed.
This Case is also Reported in: VI ADC (2009) 736, 31 BLD (AD) (2011) 1. ......urchase committee for necessary action. The purchase committee in its 30th meeting (2002-2003) dated 25.11.2002 considered the pros and cons of the matter and on 19.12.2003 accorded approval of the proceeding of the said meeting regarding the decision regarding "full of contractors RHD registrat..
Category: Civil Law | Date: | Hits: 212
S.K. Khalilur Rahman and others Vs. Mrs. Meherun Nesa, 2004, 33 CLC (AD)
....aring of the suit. 5. Further, in a review petition there is no scope for rehearing. The review petition is dismissed. Ed. This Case is also Reported in: ......im within the meaning of Order XXIII of the Code of Civil Procedure” but must be held to be a material change of the plaint changing the cause of action for the suit at the late stage of the proceeding causing prejudice to the defendant. The learned counsel next submits that this Division ..Category: Property Law | Date: | Hits: 24
Major Md. Bazlul Huda (Artillery) Vs. State, 2009, 38 CLC (AD)_Part One
....LR (AD) 69, Tara Singh and others V. State of Punjab 1991 Supp (1) SCC 536, Jamna and others V. State of U.P. 1994 Supp (1) SCC 185 and State of H.P. V. Shreekanthia Shekari (2004) 8 SCC 153. ......ned absconding during the whole period of trial, was brought back from Bangkok to Dhaka on the date of the pronouncement of judgment of the trial Court i.e. 8.11.1998 in pursuance of an extradition proceedings against him in Bangkok and he then filed a regular appeal against his conviction and s..Category: Criminal Law | Date: | Hits: 310
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Three
.... the question as to the court before which the proceedings are to be instituted for the determination of the Government, whose order upon such reference shall be final.’’ ......t Division in the Writ Petitions scrapping the Indemnity Ordinance,1975 and upholding the Indemnity Repeal Act being Act No.21 of 1996 (Ref: 49 DLR 133 and 18 BLD (AD)155). Thereafter, the instant proceeding started and trial of 20 charge-sheeted accused including the convicts held and they (15)..Category: Criminal Law | Date: | Hits: 229
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Four
....der of Lt. Col. Mohiuddin Ahmed (Artillery) they fired four balls of cannon and after some time by the order of Lt. Col. Mohiuddin Ahmed (Artillery) their cannons were returned to the barrack. ......isages that in respect of a civil offence, when a Court-Martial and a criminal Court have concurrent jurisdiction, the prescribed officer of the Army has discretion to decide before which Court the proceeding shall be instituted and if he decides that the case shall be instituted before a Court-..Category: Criminal Law | Date: | Hits: 208
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Five
....r Dalim delivered speeches for toppling the Government and as per their direction, they took ammunition with them. The testimony of this witness was not challenged by the defence in any manner. ...... effect from 15th August, 1975. Thereafter he promulgated the Indemnity Ordinance, 1975 on 26th September, 1975. This Ordinance was promulgated putting restriction on taking of any legal or other proceedings against persons in respect of certain acts; things, committed by those persons in conne..Category: Criminal Law | Date: | Hits: 228
Dira Dockyard and Engineers Ltd. & ors Vs. Bangladesh Shilpa Rin Sangstha & ors, 1994, 23 CLC (AD)
....y Nos. 7, 8 and 9 (appellants No.2, 3 and 4 in Civil Appeal No. 64 of 1989). There will be no order as to costs. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 166. ...... ATM Afzal J.- These two appeals by leave taken up together for consideration arise out of a proceeding under Article 33 of the Bangladesh Shilpa Rin Sangstha Order, 1972 (President'..Category: Business or Commercial Law | Date: | Hits: 311
Azizullah (Md) and others Vs. State and others, 2009, 38 CLC (AD)
....session of Holding No.59/1 Purana Paltan to the respondent No.4 is set aside. There will be no order as to cost. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 142, 16 MLR (AD) (2011) 117.......he possession of holding No.59/1 Purana Paltan, Dhaka to Mr Humayun Kabir, the added respondent No.4. 2. Facts, in brief, are that on the basis of the General Diary Entry No.1100 dated 12-11-97, a proceeding was drawn under section 145 of the Code of Criminal Procedure, Cr.PC, registering the sam..Category: Criminal Law | Date: | Hits: 62
Monirul Islam Vs. State and another, 2009, 38 CLC (HCD)
....istrate), Moyeshkhali, Cox's Bazar is quashed. Let a copy of the judgment be sent forthwith. Sheikh Rezowan Ali J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 327. ......in J. - This Rule on an application under section 561A of the Code of Criminal Procedure was issued at the instance of accused petitioner calling upon the opposite parties to show cause as to why the proceedings of C.R. Case No.54 of 2004 under section 420/406 of the Penal Code, pending in the court..Category: Criminal Law | Date: | Hits: 93
Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)
....d guidelines.” The short order shall form part of the judgment. These petitions are accordingly disposed of. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 79, VII ADC (2010) 721. ......tionary, 13th Edition by K.J. Aiyar that “The doctrine of audi alteram partem” holds that natural justice has acquired legalistic and artistic connotation by the passage of time and is invoked in proceedings before judicial and quasi-judicial tribunals. As the principle of natural justice revolv..Category: Constitutional Law | Date: | Hits: 251
Special Reference No.1 of 2009, 38 CLC (AD)
....e. Surendra Kumar Sinha J.- I agree with the opinion expressed by my learned brother Md. Abdul Matin, J. in respect of question A and B of the Reference. Ed. This Case is also Reported in: ......ficers (Assistant Director & Deputy Assistant Director) and 91 are civilian employees of BDR and 26 civil persons. 7. Ten eminent lawyers including the President of the Bar participated in the proceeding having been asked by this court to render their assistance to enable this court for neces..Category: Constitutional Law | Date: | Hits: 289
Md. Abu Sufian and others Vs. Ferdoshi Begum and others, 2009, 38 CLC (AD)
....nd no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 698. ......respondents company notifying a meeting of the Board of Directors of the respondent company on 18.08.2005 at 3:00 P.M. On the agenda of the said notice item No.3 was with regard to a review of the proceedings of the Extraordinary General Meeting held on 16.08.2005. The said meeting of the Board ..Category: Business or Commercial Law | Date: | Hits: 199
Sonali Bank Vs. Artha Rin Adalat, Narayangonj and others, 2009, 38 CLC (AD)
....e impugned judgment passed by the High Court Division. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 686, 62 DLR (AD) (2010) 231.......ution Case No. 8 of 1995 annexed to the lave petition the order relating to restoring of the Rule was not communicated to the Court below and that an application was filed in the execution court for proceeding with the execution case on 04.07.2006 pursuant to which the Executing Court proceeded wit..Category: Banking Law | Date: | Hits: 373
Gour Chandra Majhi Vs. Shusen Kumar Mondal and others, 2009, 38 CLC (AD)
.... judgment and order passed by the High Court Division. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 676. ......gainst the said Kanaklata filed review case No.100/ 84-85 under Section 150 of the State acquisition and Tenancy Act and that the plaintiff got himself added as a party in the said proceeding and thereafter the plaintiff filed a criminal case asserting that the aforesaid gift dee..Category: Property Law | Date: | Hits: 54
Rajdhani Unnayan Kartipakkya (RAJUK) Vs. Jahan Ara Begum and others, 2008, 37 CLC (AD)
....le disposed of with directions therein are, hereby, set aside. Accordingly, the appeals are allowed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 145; VI ADC (2009) 649. ......authorized occupation and to remove the structures thereon by the 24th August, 1996. 3. Facts in all the appeals are more or less same. It was the case of the writ-petitioners that proceeding for the acquisition of the land was initiated and part of the compensation money was pai..Category: Property Law | Date: | Hits: 41
State Vs. Anowar Hossain Pinto alias Anowar Hossain & another, 2009, 38 CLC (AD)
....be set at liberty forthwith." The above short order shall form part of this judgment. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 108; 29 BLD (AD) 2009, 73; 14 MLR (AD) (2009) 328. ......dul Halim and Mosharraf Member were coming by another rickshaw from Burichang. They got down from the rickshaw near the construction bridge over river Gungur, they crossed the diversion road and were proceeding through the pathway on the field when the accused Kashem and Pinto came there and stood i..Category: Criminal Law | Date: | Hits: 53
Matiur Rahman Chowdhury Vs. Commissioner of Taxes, Dhaka, 2009, 38 CLC (AD)
....l, Division Bench-1, Dhaka, with further direction to dispose of the appeals, if made ready, preferably within six (6) months. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 305. ......ribed amount to the notice of the Tribunal at the time of filing of the appeals, and thus it appears that the intention of the assessee-petitioner was not bonafide and to delay the disposal of the proceeding and hence the impugned order of dismissal passed by the Tribunal cannot be said to..Category: Fiscal/Taxation Law | Date: | Hits: 89
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