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Dr. M. A. Yahia Vs. Md. Abdul Quader and others, 2009, 38 CLC (AD)
....therefore, no substance, in the leave petition and the same is dismissed accordingly. Ed. Case is also Reported in: 14 MLR (AD) (2009) 235; 29 BLD (AD) (2009) 59; 14 BLC (AD) (2009) 109. ..Category: Property Law | Date: 15 Apr, 2009 | Hits: 36
Abdus Sahid @ Shahid & others Vs. Anowara Begum & others, 2009, 38 CLC (HCD)
....21 with the respondent is not entitled to the aid of this Rule merely because notice of the appeal in regard to him has been dispensed with by an Order of the Court. It is worthwhile to refer to clause (b) of proviso to Rule 14(3) already set out, which lays down that the Order dispensing ..Category: Property Law | Date: 9 Apr, 2009 | Hits: 2
Sontosh Kumar Shaha Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
.... based upon a partial view of the law (as declared in Mujibur Rahman's case) and ignoring the other decisions extending the writ jurisdiction of the High Court Division in spite of an ouster clause". 65. In the case of Mujibur Rahman (Md.) Vs. Government of Bangladesh reported in ..Category: Administrative Law, Constitutional Law | Date: 5 Feb, 2009 | Hits: 2
Category: Civil Law, Employment/Service Law | Date: 18 Nov, 2008 | Hits: 3
Abdul Hai (Md.) Vs. Bangladesh and others, 2008, 37 CLC (HCD)
....f a fundamental right. There are however, certain constitutional limitations of the judicial review of an order passed or action taken against a member of a disciplined force in this country. Reading clause (5) of Article 102, Article 134 and Article 45 of the Constitution together, I am of the view..Category: Employment/Service Law | Date: 18 Nov, 2008 | Hits: 33
Professor Dr. A.F.M. Ruhul Hoque and others Vs. Bangladesh and others, 2008, 37 CLC (HCD)
....শোধন করিলেন, যথাঃ- উপরি-উক্ত Rules এর Schedule II এর Part XX এর (ক) Column 1 Sl. No. 9 এর বিপরীতে Column 2 এর clause –(d) এর বিপরীতে Column 5 এ উল্লেখিত “For all subjects..Category: Constitutional Law | Date: 18 Nov, 2008 | Hits: 167
Taj Nahar Begum Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....ias Sabid Miah, of Village Miapur, PS Sonaimuri, District Noakhali be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 843. ..Category: Criminal Law | Date: 20 Aug, 2008 | Hits: 20
Category: Company Law | Date: 12 Aug, 2008 | Hits: 18
Idrisur Rahman (Md) Vs. Bangladesh, 2008, 37 CLC (HCD)
....he Constitution in our constitutional scheme. Such power of Ordinance is justiciable because firstly, the President acts as an executive when he promulgates an Ordinance; secondly, there is no ouster clause of jurisdiction in Article 93 like Article 48 (3) of the Constitution and thirdly, Article 93..Category: Constitutional Law | Date: 7 Aug, 2008 | Hits: 236
Reckitt Benckiser (Bangladesh) Ltd. Vs. Oram Limited, Sale Centre, 2008, 37 CLC (HCD)
.... of the Act has given this Division power to set aside an award under the same condition in case of an international commercial arbitration. The “আদালত” has been defined in clause (kha) of section 2 of the Act, “আদালত” অর্থ জেলা..Category: Alternative Dispute Resolution | Date: 13 Jul, 2008 | Hits: 18
Golam Md. Shiblee Vs. Second Labor Court, 2008, 37 CLC (HCD)
....assess the evidence of the domestic inquiry committee. 9. Charge was framed against the respondent No. 2 under section 17(3) (b) (g) of the Employment of Labors (Standing Orders) Act, 1965 where clause (b) provides the offence of threat and in connection with the employer's business or property..Category: Labour and Industrial Law | Date: 17 Jun, 2008 | Hits: 30
A.B.M. Khaliquzzaman and others Vs. United Commercial Bank Ltd. and others, 2008, 37 CLC (HCD)
....he Petitioners in Matter Nos.1, 10 and 11 of 2008. Mr. Mahmud submits that the prospects of that being the case is set at naught by the fact that Section 11(3) of the 1999 Act is not a non-obstante clause which, should it have been so, would have allowed it to operate in supersession of Section 3..Category: Company Law | Date: 11 Jun, 2008 | Hits: 43
Tasmima Hossain Vs. Anti-Corruption Commission and others, 2008, 37 CLC (HCD)
....2) of the Constitution any person aggrieved is entitled to move this Division for appropriate declaration and/or direction and/or order. Person has not been defined in the Constitution but by dint of clause (2) of article 152, 'person' under section 3(39) of the General Clauses Act, 1897 wou..Category: Anti-Corruption Laws, Criminal Law | Date: 8 Jun, 2008 | Hits: 7
Category: Election Law | Date: 18 May, 2008 | Hits: 122
Shrimp and Fish Processing Plant Ltd. Vs. National Bank Limited and others, 2008, 37 CLC (HCD)
....he order of stay granted earlier by this Court stands vacated. Communicate the order to the Adalat concerned at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 503. ..Category: Procedural Law | Date: 4 May, 2008 | Hits: 9
Chairman, Bangladesh Water Development Board Vs. Md. Abdur Rahman, 2008, 37 CLC (HCD)
....propriety of the order or action complained of as in the present case. Civil Courts always can assume jurisdiction to consider the malafides action of the authority even if there is ouster section or clause of any law made for special purpose. Merely because negative declaration has been sought that..Category: Employment/Service Law | Date: 24 Apr, 2008 | Hits: 50
Category: Arms Law | Date: 10 Apr, 2008 | Hits: 10
Khandaker Mahmud Hasan Vs. Amirul Islam, 2008, 37 CLC (HCD)
....hstanding anything contained in the Transfer of Property Act, 1882, or the Contract Act, 1872". The protection is not available if he is a defaulter and/or in the contingencies mentioned in clauses (a) - (e) of the proviso to sub-section (1) of section 18, namely- "(a) where t..Category: Tenancy Law | Date: 27 Mar, 2008 | Hits: 13
Abul Hasnat Nurul Kabir Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....d that prior to amendment of sub-section (4) of section 339C of the Cr PC, a vested right was created in favour of the accused was not entertained. The insertion of section 138A and amendment of clause (C) of section 141 of the Negotiable Instrument Act is ultra vires of the Constitution could ..Category: Criminal Law, Procedural Law | Date: 12 Mar, 2008 | Hits: 5
Sunirmal Chaudhuri Vs. Registrar of Joint Stock Companies & Firms, 2008, 37 CLC (HCD)
....Registrar of Joint Stock Companies, other statutory authorities, if any, and of the Honourable High Court of Bangladesh, consent of the members be and is hereby accorded to modify the existing object clause 111, sub clause I of the Memorandum of Association of the Company as under: "To carry on t..Category: Company Law | Date: 12 Feb, 2008 | Hits: 123