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M/S M. A Salam and Co. Vs. Islami Bank Bangladesh Limited, 2009, 38 CLC (AD)
.... rightly rejected by the High Court Division. 8. The learned counsel lastly argued that the revival of the execution case was unauthorized. It appears that in the agreement the parties stipulated as under:- "That in case of violation of any of the condition or ......nbsp; agreement by paying the decreetal amount. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 797. ..Category: Civil Law | Date: | Hits: 109
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. ...... admittedly the petitioner filed Administrative Tribunal Case No. 50 of 1993 on 03.03.93 and as such the above case is hopelessly barred by limitation as having not been filed within the statutory period of limitation and further as to the point that the respondent No.1 is not the competent auth..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. ......he Assistant Engineer (Civil) of Road and Highways. All these appointments were on ad hoc basis for six months or till regularization of service by the Public Service Commission briefly the PSC. This period was extended from time to time. The PSC Published an Advertisement on 30.3.1978 and in that a..Category: Employment/Service Law | Date: | Hits: 118
Shahriar Rashid Khan and other Vs. Bangladesh and others, 1998, 27 CLC (AD)
.... the change of such Government and the Proclamation of Martial Law on that morning. KHANDAKER MOSHTAQUE AHMED President DACCA; The 26th September, 1975 ...... Ordinance 1975 a part of the constitution, that paragraphs 3A and 18 of the Fourth schedule have not curtailed the power of Parliament of repeal any Act of Parliament or Ordinance made during the period between the 20th August, 1975 and the 9th April, 1979, that several Ordinances made during t..Category: Constitutional Law | Date: | Hits: 167
....ry and torture and asserted that the cancellation of the contracts have been made in accordance with terms of the contract and with due notice for failure to complete the contracted work within the stipulated time limit.
24. Thus it appears that there were disputed question of fact which requ......lso directed to refund to the petitioner the amounts of the Bank Guarantee that were encashed on 30.10.2003 as evident in Annexure-K and thereafter allow for the issuance of new Bank Guarantees for a period commensurate with that reflected in the revised works schedules to be submitted by the peti..
Category: Civil Law | Date: | Hits: 212
State Vs. Md. Moslemuddin, 2004, 33 CLC (AD)
....iew of above position we find no reason to interfere with the judgment and order passed by the High Court Division and accordingly the appeal is dismissed. This Case is also Reported in:I ADC 545. ......unal and was sentenced to suffer rigorous imprisonment for one year separately under both the sections and to pay a fine of Tk.1000/- on both counts, in default, to suffer rigorous imprisonment for a period of one month and both the sentences were to be run concurrently. 2. The prosecution case, ..Category: Criminal Law | Date: | Hits: 63
A.T.M. Nasiruddin & ors Vs. Abdul Khaleque being dead his heirs: MA Malek & ors, 2009, 38 CLC (AD)
.... the rent and that the plaintiff always made delay in receiving rents and that the plaintiff illegally enhanced the monthly rent and the petitioners remitted 6 months rent on 19.11.1987 within the stipulated period but the said money order having returned unserved on 19.12.1987, the petitioners ......nd that the plaintiff always made delay in receiving rents and that the plaintiff illegally enhanced the monthly rent and the petitioners remitted 6 months rent on 19.11.1987 within the stipulated period but the said money order having returned unserved on 19.12.1987, the petitioners deposited t..Category: Property Law | Date: | Hits: 48
Mrs. Zinnatul Ara & ors Vs. Government of the People’s Republic of Bangladesh, 2009, 38 CLC (AD)
....there 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: ......ndent No.3, pursuant to the said auction notice and then Rule was issued upon the respondents and moreover all further actions pursuant to the auction notice published on 20.7.2005 was stayed for a period of 3 months and the said order of stay was also subsequently extended from time to time; the..Category: Civil Law | Date: | Hits: 88
Md. Nazrul Islam and others Vs. Md. Abdur Rouf, 2009, 38 CLC (AD)
....agreement show that the petitioners did not desire to sell that suit land and building at the time of the contract and so although the petitioners failed to pay the loan money within the specified stipulated period and then within the extended period but in view of section 22 of the S. R. Act, t......how that the petitioners did not desire to sell that suit land and building at the time of the contract and so although the petitioners failed to pay the loan money within the specified stipulated period and then within the extended period but in view of section 22 of the S. R. Act, the said fai..Category: Property Law | Date: | Hits: 28
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. ......erred Criminal Appeal No. 2604 of 1998 and the appellant Mohiuddin (Artillery) preferred Criminal Appeal No. 1617 of 1998. Appellant Bazlul Huda, who althrough remained absconding during the whole period of trial, was brought back from Bangkok to Dhaka on the date of the pronouncement of judgmen..Category: Criminal Law | Date: | Hits: 310
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Two
.... this witness at the gat of the house of the President and also the statement of this witness that he saw Mohiuddin (Lancer) and his force bringing Bangabandhu down to the ground floor. ...... amalgamation was made and that they took ammunition from the kote which was strictly prohibited and that by violating army rule they took the tanks and cannons outside the cantonment during peace period and deployed those at key points just before the incident and that some removed army officer..Category: Criminal Law | Date: | Hits: 274
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. ...... President of the country, he is the father of the nation but the people of the country waited 21 years for instituting a case against the perpetrators because the governments in power during that period gave protection to the perpetrators. This fact justified the explanation given by the inform..Category: Criminal Law | Date: | Hits: 228
Rowshan Ara Begum & ors Vs. Sitakundu Chandra Nath Chatuspaty Tole & ors, 2006, 35 CLC (AD)
....High Court Division we do not find any infirmity of the kind calling for interference. Accordingly the appeals are dismissed with costs. Ed. This Case is also Reported in: VI ADC (2009) 721. ...... of Article 142 of the Limitation Act the plaintiff was required to file suit within 12 years from the date of dispossession and having had filed the suit in 1983, the same was filed quite within the period of limitation and as such the suit was not barred by limitation. The appellate Court finally ..Category: Tenancy Law | Date: | Hits: 176
Dira Dockyard and Engineers Ltd. & ors Vs. Bangladesh Shilpa Rin Sangstha & ors, 1994, 23 CLC (AD)
....d Engineers Limited, a Ship building Company, (hereinafter referred to as the Dockyard or Builder). The opposite party Nos. 7-11 is the Managing Director and other Directors of the Dockyard. It was stipulated in the tripartite contract that the Dockyard will build at its own site, 2(two) Coasters......st instalment. In case of failure to deliver the coasters within the stipulated time, the Dockyard shall be liable to pay the purchaser a compensation @ Taka 1,000 only per coaster per day for the period of such default. 7. It is the case of the Sangstha that the work order was placed on ..Category: Business or Commercial Law | Date: | Hits: 311
Golam Rabbani Vs. Chairman, Court of Settlement and others, 2008, 37 CLC (AD)
....eon taking loan from the House Building Finance Corporation, entered into an agreement for sale on 28.1.1971 for a consideration of Tk. 60,000/- upon receipt of Tk. 40,000/- as advance and it was stipulated that the kabala would be executed and registered within 6 months on receipt of balance co......e circumstances, we do not find any cogent ground to review the impugned judgment, Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 29 BLD (AD) (2009) 71. ..Category: Property Law | Date: | Hits: 32
Islami Bank Bangladesh Ltd. Vs. Commissioner of Taxes, Companies Circle-19, 2008, 37 CLC (AD)
....ill dismiss the review petitions. Order of the Court The Review petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 145 ; 29 BLD (AD) 2009, 139. ......nted the Qazi but the people were so contented and honest that according to the author of Seerat-us-Siddique (M Habib-ur-Rahman Khan) not a single case was filed in the Court of Umar. In this period, however, the use of the Ijma and Ijtihad were introduced. 60. Following this Hadith ..Category: Fiscal/Taxation Law | Date: | Hits: 145
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. ......re he recommends the names of the candidates for appointment as Judges. 11. As regard the oath it is to be mentioned here that under Article 98 of the Constitution a Judge is appointed for a fixed period of 2 years as an additional Judge and he takes oath as such. So, this oath cannot extend beyo..Category: Constitutional Law | Date: | Hits: 251
M/S. Classic Fashion Limited Vs. Mrs. Asrafunnessa Dana and another, 2009, 38 CLC (AD)
.... Security of TK.1000.00 is to be deposited with one month from date. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: ......cupation of 2818 square feet in ground floor, 2818 square feet in the first floor and 2818 square feet in 2nd floor with right of easement in the stair; that the defendant did not pay rent for the period from May, 1989 to September, 1989 and from March, 1990 till date and the plaintiff brought a..Category: Civil Law | Date: | Hits: 110
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: ......a carnage retrospectively. 95. Under the circumstances, I am of the view that the provisions of the Army Act cannot be applied to the BDR personnel who perpetrated the Peelkhana carnage during the period between 25th and 26th of February this year. As such, they cannot be tried under the provisio..Category: Constitutional Law | Date: | Hits: 289
Shamsu Meah and others Vs. Government of Bangladesh, 2009, 38 CLC (AD)
....bservation of the High Court Division on the merit, of the case will have no bearing while deciding the dispute by any civil Court. Ed. This Case is also Reported in: VI ADC (2009) 702. ...... the Land Allotment Committee, Ministry of Works, in terms of the decision taken in the year 1993, subsequently, in the year 1999 allotted 12 rehabilitation plots to them as affected persons for a period of 99 years on payment of considerations and on 10.10.2000 the possession of the respec..Category: Property Law | Date: | Hits: 34
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