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Nurul Huda Miah (Md) Vs. Dhaka Water Supply and Sewerage Authority and others, 1992, 21 CLC (HCD)
....9.10.1989 the same is discharged. There will be no order as to costs in the Rules considering the facts and circumstances of the cases. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 527.......s obtained from this court for swearing the said affidavit by Nityananda Das on behalf of the respondent No.3 and the said affdivit‑in‑opposition was not verified by the said deponent. So, in our view, the said affidavit on behalf of the respondent No.3 is not worth consideration. Since the resp..Category: Employment/Service Law | Date: | Hits: 231
Akramuzzaman Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....ing which it had already collected tolls. With this direction the Rule is discharged without any order as to costs. Stay is vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 209.......t convinces us that granting of lease of the said Canal Toll Station to the petitioner has been made within the permissible criteria’. The lease of the said Canal Toll Station is granted not with a view to earn revenue or for any mala fide intention but for a discernible reason to carry out a welf..Category: Others | Date: | Hits: 170
Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)
....titioners vide Annexure-Z(3) of the writ petition. Considering the facts and circumstances of the case, we pass no order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 357....... Writ Petition No. 3025 of 1996 with Writ Petition Nos. 3026-3029, 3191 and 3192 of 1996. Judgment Md. Mozammel Hoque J.- All the aforesaid seven writ petitions were heard together in view of the fact that identical question of facts as well as laws are involved in these cases and, a..Category: Employment/Service Law | Date: | Hits: 186
Bangladesh Vs. CMA CGM Bangladesh Shipping Limited, 2009, 38 CLC (AD)
....the order dated 01.12.2008 passed by the High Court Division in Writ Petition No.9537 of 2008 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 673. ......986 and as such it is apparent that the order suspending the license and show cause notice impugned in the above writ petition were issued in accordance with law and with full lawful authority with a view to ensure compliance of the law of land; that having investigated the process of issuing th..Category: Administrative Law | Date: | Hits: 318
....ndent is directed to entertain, hear and dispose of the appeal preferred by the petitioner in respect of assessment year 1987‑1988.
Ed.
This case is also Reported in: 49 DLR (HCD) (1997) 279.
......aid amended provision on 29‑7‑89 assessment being in respect of assessment year 1987‑88 made on 27‑6‑88 petitioner acquired vested right of appeal from that time and, as such, we are of the view that his right to appeal has been curtailed by the aforesaid amendment. We, therefore, find mer..
Category: Fiscal/Taxation Law | Date: | Hits: 221
Janapriya Rice Mills Ltd and 2 others Vs. Bangladesh, 1996, 25 CLC (HCD)
.... passing the impugned order. We therefore find no merit in these Rules. In the result, all the Rules are discharged with costs. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 277. ...... vary or rescind any such order. The order passed by the then President on 5‑2‑1990 having been cancelled/rescinded by the acting President by the impugned order dated 13‑5‑1991 we are of the view that acting President did not commit any illegality in passing the said order. 8. It is well..Category: Others | Date: | Hits: 146
Bangladesh Water Development Board Vs. Zakir Construction and Co. and another, 1995, 24 CLC (HCD)
....as a Judge before his confirmation and being a practicing lawyer since then, was not a proper person for appointment as an arbitrator and that this appointment of Mr. Maksudur Rahman by the Court was erroneous. In that application the petitioner prayed for appointment of an Engineer from the list ea...... is the petition dated 25‑10‑94‑ (Annexure‑D) which was disposed of by the learned Subordinate Judge on the following day. Mr. Ozair Farooq submits that the learned Subordinate Judge held the view that the conduct of the arbitrator did not show anything to ram a reasonable apprehension for t..Category: Alternative Dispute Resolution | Date: | Hits: 521
British Airways Plc. Vs. Bangladesh Air Services Pvt. Ltd., 1996, 25 CLC (HCD)
....e, Dhaka, in Arbitration Misc. Case No.368 of 1994/37 of 1994 is set aside. Send a copy of this order to the trial Court at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 249. ...... to show cause within five days. The British Airways filed an objection raising a question of jurisdiction on the ground that the learned Subordinate Judge had no jurisdiction over the arbitration in view of clause 14 and clause 23 of the agreement conferring jurisdiction on the English Court in the..Category: Alternative Dispute Resolution | Date: | Hits: 304
Khorshed Alam Vs. State & others, 1982, 11 CLC (HCD)
....ccordance with law. In the result, the rule is made absolute. Send down the record at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 401.......application and discharging the accused persons. We have gone through the record and we are of the opinion that there are some evidence in support of the allegation made in the complaint. In this view of the matter we think in the interest of justice the Narazi application be allowed, Final Repo..Category: Procedural Law | Date: | Hits: 100
Sreemati Hari Rani Basak and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....ed, and, as such, it stands discharged for non-prosecution. No cost. Lower Courts Records are sent down. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 506; 13 BLC (HCD) (2008) 1. ......itely a forged one and papers of alleged auction purchase were created purposefully. Learned Appellate Judge, also, taking into stock Article 217 and 218(1) of Civil Rules and Orders Volume-1 adopted view that certified copy of Sale Certificate could not be issued by Civil Court in as much as certif..Category: Procedural Law | Date: | Hits: 108
....oner is not entitled to the relief sought in the writ petition.
In the result the Rule is discharged without any order as to costs
Ed.
This case is also Reported in: 49 DLR (HCD) (1997) 321.
......legal duty to perform and discharge his duties in a manner permitted by law so to do. These celebrated principles are universally accepted in the constitutional jurisprudence in matters of judicial review of administrative action or quasi judicial action/proceeding and, as such, there is no dispute ..
Category: Fiscal/Taxation Law | Date: | Hits: 278
Zafar Ali (Md.) Vs. Md. Momtaz Hasan & others, 1997, 26 CLC (HCD)
....hose of the trial Court are restored. The suit is decreed. Send down the records to the Court below at once. No order as to costs. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 319. ......t registered is admissible in law and as such, was legally accepted by the trial Court. It is on record that the deed of agreement was made an exhibit without any objection from the other side and in view of the provision of the decisions as referred above in 34 DLR (AD) 237 the limitation for redem..Category: Property Law | Date: | Hits: 117
....scharged with costs and the order of stay stands vacated.
Let the LC Records be sent down immediately with a copy of the Judgment.
Ed.
This Case is also Reported in: 49 DLR (HCD) (1997) 318.
......t Md. Jahangir Alam Molla, the then Presiding Officer of the Court below on 11‑11‑93 and also directed Court below to proceed with the execution case No.2 of 1985. He therefore, submitted that in view of the said order of this Court the petitioner's application for stay before the Court below wa..
Category: Procedural Law | Date: | Hits: 135
Abdur Razzaque Vs. State and another, 1982, 11 CLC (HCD)
....nd. Let the trial proceed against the other accused. Let the records be sent down at once. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 103. ......dge then passed the impugned order dated 13.4.82 the purport of which has already been noticed. It appears that on 16.4.82 an application was filed. On behalf of the petitioner, apparently, for a review of the order dated 13.4.82. The additional Sessions Judge upon a hearing of the matter disposed..Category: Criminal Law | Date: | Hits: 110
Md. Zulfikar Mahmud Vs. National University and others, 2006, 35 CLC (HCD)
....vice and to implement this order as per rules within 30 days from the date of receipt the copy of this Judgment and report compliance. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 51. ......িতে হইবে। তবে সিন্ডিকেট প্রয়োজনবোধে এই বয়সসীমা বর্ধিত করিতে পারিবেন।” 4. In view of the Regulations quoted above it is clear that the impugned order of suspension was not made ..Category: Employment/Service Law | Date: | Hits: 165
Abdul Gani alias Ganya Vs. State, 2006, 35 CLC (HCD)
....ed from his bail bond as he has already served out sentence of imprisonment for 10 years. Send down the Lower Court records at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 47. ......ions in the evidences of public witnesses but the official witnesses have corroborated the prosecution case regarding recovery of pipe gun and 10 rounds of bullets from the convict appellant. In such view of the fact we are constrained to hold that the learned Judge of the Special Tribunal did not c..Category: Criminal Law | Date: | Hits: 102
State Vs. Raisuddin and others, 1996, 25 CLC (HCD)
.... liberty forthwith if not wanted in connection with any other case. The jail appeal being Jail Appeal No.1025/992 is also allowed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 517. ...... 447. "In such cases, the safe dispensation of justice is not ensured by merely examining each witness's evidence separately and considering whether it can be believed and if so to what extent, in view of the real danger of the whole case being fabricated at the instance of the witnesses." 30...Category: Criminal Law | Date: | Hits: 104
Bangladesh Vs. Hosne Ara Begum and others, 1994, 23 CLC (HCD)
.... below are hereby affirmed. There will be no order as to costs. Let the LC records be immediately sent down to the trial Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 511. ......ain. Both the Courts below have considered this aspect on the basis of the material evidence on record and came to a conclusion that the suit property could not be treated as an abandoned property in view of the fact that after independence of Bangladesh, the legal heirs of the original lessee were ..Category: Property Law | Date: | Hits: 157
Akhtar Rahman Vs. State & others, 1982, 11 CLC (HCD)
....ed with reference to section 529 of the Code of Criminal Procedure that although the Magistrate was not empowered in the instant case to take cognizance of the alleged offence yet as he had done so erroneously in good faith, the proceeding shall not be set aside merely on the ground of his not bei......resent Rule on 23.11.81 and further proceedings in the matter was also stayed by this Court. 3. Mr. B.N. Chowdhury, the learned Counsel appearing for the accused petitioner has submitted that in view of the clear provision of the Village Court (Amendment) Ordinance, 1979 the jurisdiction to try..Category: Criminal Law | Date: | Hits: 107
Tohfa Khatun and others Vs. Moulavi Mukhilisur Rahman and others, 1997, 26 CLC (HCD)
.... determining the real controversy between the parties. The learned Advocate finally submits that the proposed amendment, if allowed, will not change the nature and character of the suit and taking an erroneous view of law and fact the learned Subordinate Judge illegally rejected the application. ......ng the real controversy between the parties. The learned Advocate finally submits that the proposed amendment, if allowed, will not change the nature and character of the suit and taking an erroneous view of law and fact the learned Subordinate Judge illegally rejected the application. 5. Mr. Md...Category: Procedural Law | Date: | Hits: 118
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