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....him from service, marked Annexure-A to the petition, is declared to have been made without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011) 62.
......Appeal) Rules, 1985 to the employees of the respondent No.1 Mr. Subrata Saha, the learned Advocate appearing for the petitioner conceding the submission of Mr. Khalilur Rahman has submitted that in view of the decision of the appellate Division given in Civil Petition for Leave toAppeal No.367 of ..
Category: Employment/Service Law | Date: | Hits: 205
Nirman International Ltd. and another Vs. Janata Bank, 2010, 39 CLC (HCD)
....r Rahman Khan, learned Advocate appearing before us who lighted us by presenting the law properly. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 57. ......ory' by simultaneousgazette notification dated 1-7-76 and 1-2-76 respectively. The opposite party decree holder did not produce any paper before the Courts below to that effect as such, we are of the view that the Court below acted illegally in rejecting the application filed by the petitioner. 8..Category: Civil Law | Date: | Hits: 168
Bangladesh Water Development Board and other Vs. Progati Prakaushali & another, 1996, 25 CLC (HCD)
....er section 33 of the Arbitration Act. Mr. Khan finally submits that the submission that the learned Arbitrator had no jurisdiction to take the arbitration proceeding in the instant case is absolutely erroneous and without any materials basis. By referring to the memo dated 28‑7‑91 issued by the ......t No.1 contractor started the work on 12‑6‑88. During execution of the said project it was felt that approval of the drawing from IWTA should be taken and that would require certain time. In that view of e matter the construction of the said Jetty was suspended by the Water Development Board for..Category: Alternative Dispute Resolution | Date: | Hits: 606
Abdul Latif Vs. Md. Sheesh, 1982, 11 CLC (HCD)
....The valuation matter is decided in favour of the plaintiff and the learned Munsif is directed to proceed with the trial of the suit. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 205. ......he present case there exists no objective standard, the Court has to accept the plaintiff's valuation, however capricious, unreasonable or arbitrary it may seem to be. 6. I am supported in my view by a decision of the then Dacca High Court in the case of Kumudini Welfare Trust Vs..Category: Civil Law | Date: | Hits: 123
Abul Hossain Azad Vs. Government of Bangladesh & Others, 2005, 34 CLC (HCD)
....clared illegal and passed without any lawful authority. In the result, the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 44. ......e ignoring the recommendation of the Managing Committee, but in that case, the Government cannot appoint any person as recommended by the Managing Committee but may do so from outside. 10. In that view of the matter, the Government was at liberty to appoint any person as Chairman of the Managing ..Category: Others | Date: | Hits: 181
Rawsan Ara Begum alias Rawshani Vs. State, 2005, 34 CLC (HCD)
....nt who is on bail is discharged from the bail bond. Send down the lower Court records at once for information and necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 29. ......l Hussain of village Huzrakanda who told him (P.W.1) that the deceased was going to the house of Roushani wife of Habibur Rahman. He added that Matiar Rahman and Roushani took money from Sabuj with a view to send him to abroad but they did not send Sabuj in abroad or refunded the money back and to t..Category: Criminal Law | Date: | Hits: 142
Mohammad Ali Miah and others Vs. Md. Sekander Ali Haowlader, 2007, 36 CLC (HCD)
.... dated 19.12.1990 upon paying the balance amount of Taka 12,28,000/- before execution and registration of the sale deed within 15 days or within a limited period and the trial Court upon a completely erroneous premises wrongly decreed the suit. 17. Mr. Chowdhury the learned Advocate for the appel......e of Jaggo Bai Vs. Hari Har Prosad Sing reported in PLD 1947 PC it has been held by the Privy Council that the plaintiff is entitled to get reasonable interest on the earnest money. Agreeing with the views expressed in the aforesaid decisions, we hold that the plaintiff is entitled to get interest i..Category: Civil Law | Date: | Hits: 102
....et a copy of this judgment be sent to the Director General, Department of Narcotics Control, 1, Segunbagicha, Dhaka‑ 1000 at once.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 590.
......h for its immense help to the distressed people. In Bangladesh, only allopathic system of treatment and use of allopathic medicine were recognised, regulated and controlled by the Drugs Act, 1940. In view of the fact that the Homeopathic medicine and Homeopathic system of treatment were useful and w..
Category: Others | Date: | Hits: 341
Abdus Samad @ Md. Abdus Samad Vs. State, 2011, 40 CLC (AD)
....ters and the petitioner's action, if any, was only to defend his interest but unfortunately, it caused death of Khurshid Ali and therefore, the conviction and sentence under section 302 is absolutely erroneous. 11. The learned Senior Counsel further submitted that the learned Judges of the High C......d Senior Counsel for the petitioner merit no consideration. In the result, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 332. ..Category: Criminal Law | Date: | Hits: 116
....out lawful authority and is of no legal effect.
In the facts and circumstances of the case there will not be any order as to costs.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 331.
...... the date of issue of the work order. In Clause 6 of the tender notice of lease for 1996‑1997 it has been specifically mentioned that the lease will be valid from 1‑7‑96 to 30‑6‑97. In such view of the matter negotiated lease for the Ferry ghat in favour of respondent No.5 for six months f..
Category: Civil Law | Date: | Hits: 178
....mpugned decision.
17. For the reasons stated above, we are of the view that the learned Court of Settlement acted illegally and without jurisdiction in dismissing the case of the petitioners on an erroneous view of law and facts, ignoring material pieces of evidence, affecting the ultimate decisi...... and that Ahmed Reza died in Bangladesh after the War of Liberation leaving behind heirs and heiresses.
5. Mr. Masood R Sobhan, the learned Counsel appearing for the petitioners, submitted that in view of the fact that allottee Ahmed Reza all along lived in Bangladesh till his death in November, ..
Category: Property Law | Date: | Hits: 116
Serajul Islam Vs. State, 1996, 25 CLC (HCD)
....w detained in Dhaka Central Jail be set at liberty at once if not wanted in any other matter. The Rule is accordingly made absolute. Ed. This Case is also Reported in:49 DLR (HD) (1997) 209. ......at District Magistrates or the Additional District Magistrates have been empowered by sub‑section (2) of section 3 to make an order directing a person to be detained, if he is satisfied that with a view to prevent that person from doing any prejudicial act within the meaning of section 2(f)(iii) t..Category: Criminal Law | Date: | Hits: 127
Dulal Howlader & others Vs. State, 1995, 24 CLC (HCD)
..... However, the accused may be prosecuted, if the prosecution so desires, under the normal law of the country. Send down the record. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 269. ......ying away or attempt to take or carry away the property obtained by threat. The third and the last ingredient is that the offender must voluntarily attempt to cause hurt to any person for that end in view. 14. Mr. AK M Zahirul Huq, the learned Advocate, submits that the instant case is not a case..Category: Criminal Law | Date: | Hits: 132
Begum Shamsunnahar Chowdhury Vs. Md. Masud Jamal and others, 1994, 23 CLC (HCD)
....115 of the Code of Civil Procedure. In view of the above, the Rule is discharged. Let the lower Court records be sent down at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 267. ......he prayer to pay the claim of Taka 4,43,601.00 by ten equal annual installments with an interest of 7 ½%. The defendant again failed to pay the installments. He filed a petition on 23‑6‑80 for review of the earlier order dated 30‑4‑80 and the Court allowed the petition. 6. On the other h..Category: Civil Law | Date: | Hits: 132
Bangladesh Power Development Board Vs. Sonali Bank and others, 1982, 11 CLC (HCD)
....missed the Misc. Case. The appeal is, therefore, dismissed without any order as to costs. Amirul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 157. ......ears that the learned Advocate could not produce any paper to show that he was engaged in the Labour Court. Even the diary of the advocate was not produced. We are unable to accept the Andhra Pradesh view that the evidence of an advocate given in Court should generally be accepted. There is no rea..Category: Procedural Law | Date: | Hits: 143
Hanif Chowdhury alias Serajul Islam Chowdhury Vs. Mohammad Hasan Ali and another, 2007, 36 CLC (HCD)
....tay granted by this Court dated 2.9.1992 is hereby vacated. The officer is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 415. ......t or interest in the immovable property. The whole case of the plaintiff if be accepted as a whole then there shall be no scope open before a Court of law for granting performance of the contract. In view of the above there is no hesitation on but that the alleged contract was a void contract in the..Category: Civil Law | Date: | Hits: 129
Md. Abdul Hye and others Vs. State, 2005, 34 CLC (HCD)
....bu Zafor Siddiky alias Akhter who are currently on bail are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 403. ...... own use. 60. Rather it has been proved by the prosecution evidence that after proper verification, the seized Motor cycle was handed over by the learned Magistrate as per the provision of law. In view of the above facts and evidence the charges for the misappropriation of alleged Motor Cycle und..Category: Criminal Law | Date: | Hits: 109
Mongal Paita Perkhiddah College Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....d to pass a reasoned order within 1(one) month from the date of receipt of a copy of this Judgment. There is no order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 481. ......Writ Petition as not maintainable on the ground that the Writ petitioner had not exhausted the appellate forum as provided under section 32(2) of the Ordinance. It is further held that the consistent view of our Courts is that an alternative remedy by way of appeal under a statue will not be a bar t..Category: Others | Date: | Hits: 112
Md. Abdul Quddus and another Vs. State, 2005, 34 CLC (HCD)
....other case and the accused Md. Rafiqul Islam who is currently on bail is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 470. ......to fell on the ground and ran over by the wheel and died on the spot. These allegations have no legal value unless the allegations are substantiated by the reliable and convincing evidence. 30. In view of the submission and counter submission of both sides as above, let us review the entire evide..Category: Criminal Law | Date: | Hits: 119
Mrs. Hasina Shams Vs. IFIC Bank Ltd. & Others, 2005, 34 CLC (HCD)
....aw involved made the Rule absolute and there is no material on the record to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 174.......above order of the trial Court is contrary the principle laid down in the case of Guhlam Rahman vs. National Bank Ltd. and others reported in 16 BLD (AD) 250 wherein it was held as follows: "In view of these assertions in the plaints we find some specific allegations against the petitioner. Wh..Category: Civil Law | Date: | Hits: 122
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