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Nurul Huda Miah (Md) Vs. Dhaka Water Supply and Sewerage Authority and others, 1992, 21 CLC (HCD)
....ity, shortly, Dhaka WASA on 12.6.83 in the pay scale of Tk. 2300‑100‑2750/‑(present Tk. 4750‑150‑5599) and was duly confirmed in service on 22.12.85; that his service is regulated under the provisions of WASA Ordinance, 1963 and the Regulations and WASA Employees (Efficiency and Discipline......isconduct; that the petitioner denied the allegation of failure to take steps for realisation of the dues of Dhaka WASA and also denied that he smuggled out confidential documents of Dhaka WASA for unlawful purpose and to cause loss to Dhaka WASA but produced the same in court and before the enquiry..Category: Employment/Service Law | Date: | Hits: 231
Akramuzzaman Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
.... absence of any guideline the authorities are vested with the arbitrary powers, offending equality clause contained in Articles 27 and 29 of the Constitution. 17. He further points out that if the provisions of the Annexure-G is scrutinised it will be found that the lease of a Canal Toll Station ......e—For Respondent Nos. 2-6. Writ Petition No. 2241 of 1999 with Writ Petition No. 2736 of 1999. Judgment KM Hasan J. - These two applications are taken together as the facts and the law points involved in both are same. In Writ Petition No.2736 of 1999 the respondents are asked to ..Category: Others | Date: | Hits: 170
Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)
....n in the post of Assistant Collector (presently Assistant Commissioner) in the BCS (Customs and Excise) Cadre in with section 5 of the Surplus Public Servants Absorption Ordinance, 1985. There are no provisions at all for withdrawal of such nomination. Hence, the stand of respondent No.2 is malafide......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, as such, after hearing the same together the writ petitions ar..Category: Employment/Service Law | Date: | Hits: 186
Bangladesh Vs. CMA CGM Bangladesh Shipping Limited, 2009, 38 CLC (AD)
....ansportation service of CMA CGM and providing customer service to CMA CGM's customers in Bangladesh; that in order to carry out the activities outlined in the Agency Agreement and pursuant to the provision of Section 207 of the Customs Act, 1969 and rule 3 of the Customs Agent (Licensing) Rules,......d by the High Court Division in Writ Petition No.9537 of 2008. 2. The facts of the case, in short, are that the writ-petitioner is a private limited company incorporated on 04.01.2007 under the laws of Bangladesh for conducting the business of cargo agents, forwarding agents, clearing agen..Category: Administrative Law | Date: | Hits: 318
....he difference between the tax as determined on the basis of the order of the Appellate Joint Commissioner and the tax payable under section 74 of the aforesaid Ordinance as provided under the amended provisions of section 158 of the Ordinance. Being aggrieved by the same petitioner moved this Court ......fusal to entertain the appeal of the petitioner under section 158 of Income Tax Ordinance, 1984 by impugned order dated 29‑1‑90 (Annexure‑B) to the petition should not be declared to be without lawful authority and of no legal effect and why he should not be directed to entertain and hear and ..
Category: Fiscal/Taxation Law | Date: | Hits: 221
Janapriya Rice Mills Ltd and 2 others Vs. Bangladesh, 1996, 25 CLC (HCD)
....offer to liquidate it, liability to the Government. In such circumstances the then acting President cancelled the earlier order dated 5‑2‑1990 by the impugned order dated 13‑5‑1991. Under the provisions of section 21 of the General Clauses Act authority passing the order is competent to amen......to the petitioner and subsequent Memo dated 21‑5‑1991 (Annexure‑H) and Memo dated 28‑7‑1991 (Annexure‑J) passed by the respondent No.5 should not be declared to have been made without any lawful authority and of no legal effect. Rule in Writ Petition No.2435 of 1992 was issued at the ins..Category: Others | Date: | Hits: 146
Bangladesh Water Development Board Vs. Zakir Construction and Co. and another, 1995, 24 CLC (HCD)
....onal application regarding appointment of an Additional Chief Engineer or Chief Engineer as arbitrator for claims exceeding Taka 50,00,000.00 is denied. It is stated in the counter affidavit that the provision relating to appointment of a retired Judge as an arbitrator for claims exceeding Taka 50,0......reme Court, High Court Division, tendered his resignation before confirmation and since then he has been practicing as an Advocate of the Supreme Court and the Subordinate Judge committed an error of law in appointing Mr. Maksudur Rahman citing him as a retired Judge of the Supreme Court. On 15-9-94..Category: Alternative Dispute Resolution | Date: | Hits: 521
State Vs. Abul Howlader, 1995, 24 CLC (HCD)
....rom death penalty to that of rigorous imprisonment for 8 (eight) years. The jail appeal being Jail Appeal No.1251 of 1992 is dismissed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 257.......y and they used to quarrel off and on and Abul used to beat his wife Khodeja occasionally. After the birth of the child at Khodeja's father's house accused Abul went to the house of his father‑in‑law and wanted to take back his child and his wife. The informant and his wife refused the prayer of..Category: Criminal Law | Date: | Hits: 97
British Airways Plc. Vs. Bangladesh Air Services Pvt. Ltd., 1996, 25 CLC (HCD)
....illa and Noakhali Clause 14 of the agreement provides for arbitration in case of any dispute arising out of the agreement or any matter or thing related thereto in accordance with, and subject to the provisions of Arbitration Act, 1950. Under clause 3 of the agreement, the agency is liable to termin......te Judge and a Division Bench of this Court made absolute setting aside the interim order passed by the learned Subordinate Judge on the ground the there being no arbitration proceeding in the eye of law, the interim order of injunction issued by the learned Subordinate Judge suffered from infirmity..Category: Alternative Dispute Resolution | Date: | Hits: 304
Khorshed Alam Vs. State & others, 1982, 11 CLC (HCD)
....used persons were liable to be punished under section 436/302/34 of the Penal Code. From the allegation it is apparent that the alleged offence was exclusively triable by the Sessions Judge. As per provision of the Law Reforms Ordinance 1978 now the learned Magistrate is to send the case to the Se......s Sultan Ahmed and Hanif informed the petitioner at his house that his shop was set on fire and burnt to ashes. He started for the shop being accompanied by his son Bashir Ahmed, Bachu and brother-in-law Tazul Islam and on arrival there he found his son Faruk dead, being burnt by fire. He also found..Category: Procedural Law | Date: | Hits: 100
M/s Shorhab Vegetable Oil Refinery Limited Vs. Artha Rin Adalat and others, 2007, 36 CLC (HCD)
....he sale proceeds against the outstanding loan and also inform that matter to the adalat in writing. The learned advocate has argued that since the plaintiff bank did not comply with either of these 2 provisions of section 12 of the Artha Rin Adalat Ain, 2003 this petitioner himself filed an applicat...... by any competent agency in presence of both the parties. 9. The stay granted at the time of issuance of the rule is hereby vacated. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 537...Category: Civil Law | Date: | Hits: 120
Mst. Fatema Begum and others Vs. AKM Gyasuddin Sarder and others, 2007, 36 CLC (HCD)
....s that plot No.27 measures 1.08. Thus the schedule of land on which injunction has been sought is vague and it appears further that suit land has not been sufficiently described as required under the provision of order VII, rule 3, of the Code of Civil procedure. In the case reported in 42 DLR page ......iled. 4. The defendants nos.1-8, 10-11 and defendant No.9, contested the suit by written statement denying material allegations made in the plaint and that the suit was not maintainable, barred by law of limitation. Principles of waiver, estoppels and acquiescence and stated that Abdul Jabbar was..Category: Procedural Law | Date: | Hits: 97
Sreemati Hari Rani Basak and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....Hari Rani Basak, was auction purchaser and sale was confirmed on 20.4.1939 and possession had been delivered on 8.6.1939 to auction purchaser Hari Rani Basak Rule 94 of Order XXI of The Code provides provision for grant of a Certificate specifying the property sold. Rule 95 of Order XXI of The Code ......daughter of Kala Chand Basak a co-sharer having 5 annas interest in suit property and contesting Defendant having adduced no evidence contrary to that of Plaintiff, Courts below committed an error of law in failing to hold that Plaintiff is the daughter of Kala Chand Basak, and plaintiff as such, is..Category: Procedural Law | Date: | Hits: 108
.... a Cinema Hall at Jessore namely: Nirala Cinema Hall. The said Cinema Hall was established in the year 1983 for the purpose of exhibiting films to cinemagoers. It got licence for exhibition under the provision of the Cinematograph Act, 1918 (Act No.11 of 1918). The licence having been accorded under......rpose of exhibiting films to cinemagoers. It got licence for exhibition under the provision of the Cinematograph Act, 1918 (Act No.11 of 1918). The licence having been accorded under the provision of law by the District Magistrate of the concerned district in the year 1983 the Cinema House continued..
Category: Fiscal/Taxation Law | Date: | Hits: 278
Zafar Ali (Md.) Vs. Md. Momtaz Hasan & others, 1997, 26 CLC (HCD)
....DLR 67 in the case of Abdul Kader and another Vs. Abdul Aziz wherein his Lordship sitting in a Single Bench has held as follows: "An agreement for reconveyance can be specifically enforced and the provision for registration for such agreement as required under section 95(2) of the Act is not appl......cy Act. So the reliefs claimed for declaration as stated above and also for redemption, giving colour of usufructuary mortgage to the transaction, is not legally available. 4. The only question of law involved is whether the transaction namely, transfer of the suit land on the basis of deeds of s..Category: Property Law | Date: | Hits: 117
Abdur Razzaque Vs. State and another, 1982, 11 CLC (HCD)
....the petitioner although Mr. Mujibur Rahman sought to argue that there was hardly any case against the petitioner to go for trial. We have only examined the impugned orders in the light of the legal provisions and come to the conclusion as aforesaid. It may be that the informant father of the decea......nds for proceeding against him the Court may discharge the accused or send the petition of complaint left undisposed of to the Court of the learned Sub-Divisional Magistrate for disposal according to law as provided under sub-section 2 (A) of section 202 Cr.P.C." 5. The next impugned order is dat..Category: Criminal Law | Date: | Hits: 110
M/s. Mamun Poultry Complex Vs. Government of Bangladesh & Others, 2006, 35 CLC (HCD)
....petitioner submits considering the facts and circumstances and the sick condition of the said industry the Government issued a Memo directing the Bangladesh Krishi Bank to waive all interest and made provision for easy installments and accordingly the petitioner prayed for waiver of all interest as ......ation of the impugned memo dated 31-05-06 as evident in Annexure-D be stayed. With this observation the application is disposed of. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 56. ..Category: Others | Date: | Hits: 125
Md. Zulfikar Mahmud Vs. National University and others, 2006, 35 CLC (HCD)
....ting authority of the petitioner is the Syndicate of the University and the Syndicate alone is competent to pass the order of suspension. But the impugned of suspension was passed in violation of the provisions of National University Service Regulation by the Registrar-in-charge having no jurisdicti......nts to show cause as to why the order of suspension dated 10.06.2004 as in Annexure-A and the notice dated 21.03.2005 to show cause as in Annexure 'B' should not be declared to have been made without lawful authority and be of no legal effect and why a declaration should not be made to the effect th..Category: Employment/Service Law | Date: | Hits: 165
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. ......al, Shahidullah, Siddique, cousin Tayeb Ali, Ranju, Almas, Ishaque and Habibullah while indulged in gossiping at the inner Courtyard of the informants house, suddenly the accused persons forming an unlawful assembly being armed with deadly weapons such as gun, dao, chala, dagger, kirich, etc. surrou..Category: Criminal Law | Date: | Hits: 104
Bangladesh Vs. Hosne Ara Begum and others, 1994, 23 CLC (HCD)
....ce in Court. Further, even if the list was prepared and even if the suit property was allotted to sortie Government allottee, that will not ipso facto) mean that it is an abandoned property under the provision of Article 2 of Presidents order No‑16 of 1972. We find from the records that original c......the defendant Nos.1 to 4 inherited the property of Syed Abdul Ali and the defendant Nos.1 to 4 were living in this country when ,his deed of agreement was executed. He submits that abandoned property law came into force in February, 1972. But the defendant Nos.1 to 4 as the heirs of Syed Abdul Ali i..Category: Property Law | Date: | Hits: 157
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