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Abdul Motaleb Shaque and others Vs. State, 1994, 23 CLC (HCD)
.... has cited the decision held in the case of Ramjoy Mondal & others Vs. State, reported in 37 DLR 252 where it has been observed- "Law does not make any provision for deducting or excluding the time consumed by adjournments made at the instance by either party or due to the preoccupation of th......is nothing to interfere with the impugned order. The Rule is discharged. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 24...Category: Procedural Law | Date: | Hits: 80
Captain Md. Mobarak Hossain, Master, ATM Dolores Vs. MT Dolores and others, 1994, 23 CLC (HCD)
....olores by transferring the same to a third party which is now lying at Jetty No.10 of Chittagong Port. The said defendant No. 1 vessel MT Dolores may leave the territorial waters of Bangladesh at any time. He has submitted that the principal defendant opposite parties have no other moveable and immo......e plaintiffs aforesaid claim. In the circumstances, the application for attachment/arrest of the defendant No. 1 vessel is rejected. Ed. This case is also Reported in: 47 DLR (HD) (1995) 80. ..Category: Civil Law | Date: | Hits: 99
Santosh Kumar Paul Vs. Nuruddin Ansari, 1993, 22 CLC (HCD)
....he plaintiff‑appellant Santosh Kumar Paul was, that he purchased the suit land from one Umesh Chandra Saha by two Kabalas dated 12.2.62 and 13.7.62 vide Exts. A. and A(1) respectively and since the time of his purchase, he was in possession of the suit land by erecting huts in some part and by mai......ate Court is set aside and that of the trial Court is upheld in part with the above term. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 70...Category: Procedural Law | Date: | Hits: 129
Lt. Cdr (Retd) AHM Mahmud Vs. Masud Ahmed, 2010, 39 CLC (HCD)
....n in that regard he continued his job until all of a sudden he was informed on 09-3-1991 that his resignation letter, submitted over one year earlier, had been accepted. He points out that in the meantime, he was made permanent in his post. 8. The petitioner submits that he challenged the motivat......ief, are that the petitioner, Lt. Cdr. (Retd.) AHM Mahmud retired from the Bangladesh Navy on 17-9-1988 and was appointed as the General Manager (GM) of Mimi Chocolate Limited, a unit of the BFFWT by appointment letter under memo No.100/2/Trust/658 dated 09-2-1989. On 07-3-1990 the petitioner submit..Category: Employment/Service Law | Date: | Hits: 156
Abul Hasnat Md. Belal Vs. Md. Alauddin and others, 2008, 37 CLC (HCD)
.... In order to appreciate the submissions advanced by the learned Counsels 1 have gone through the revisional application, impugned order, application for proposed amendment, plaint (furÂnished at the time of hearing) and other materials on record and given my anxious consideration to their submissio......tands vacated. Office is directed to communicate the order at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 141...Category: Procedural Law | Date: | Hits: 90
Ataur Rahman (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
.... a public-spirited citizen espousing causes of others, has been facilitated by the absence of any Constitutional provision as to who can apply for a writ. In England, various tests were applied. Some-times it was said that a person must be 'aggrieved' or he must have 'a specific legal right' or he m......any rational basis and, as such, it is arbitrary. In the scheme of our Constitution, the post the District Judge is the highest post of the Bangladesh Judicial Service. The required qualification for appointment to the post of the District Judge is 15 (fifteen) years service including two years expe..Category: Constitutional Law | Date: | Hits: 270
Bazlur Rahman (Md.) Vs. Government of the People's Republic of Bangladesh, 2009, 38 CLC (HCD)
....led freedom fighters through proper listing and ensuring payment of benefits and allowance to them. The injured Freedom Fighters applied for their enlistment as disabled freedom fighters at different times during 1997 and 1998 and the authority, after proper scrutiny found the petitioners as Genuine......from the date of receipt of the Judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 360; 18 BLT (HCD) (2010) 279. ..Category: Others | Date: | Hits: 149
Abul Basher Chowdhury Vs. Habibur Rahman Mia and others, 1978, 7 CLC (AD)
....r (West) Union Parishad. The appellant made out a case that the tribunal erred in not shifting the date of hearing of the case to enable him to get a lawyer from Comilla Bar and erred in not granting time to enable the appellant to file a petition under section 28 of the Local Government Ordinance, ......on the basis of which the result of the election has been declared was properly made. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 297...Category: Election Law | Date: | Hits: 159
American Life Insurance Company Vs. Dacca Poura Shaba and others, 1978, 7 CLC (AD)
....at levy of taxes and rates are to be made in accordance with the Model Tax Schedules framed by the Government under section 35 of the Ordinance. Directions given by the Government in this behalf from time to time are binding upon the Municipality concerned. The case of the appellant was entirely bas......s to costs. Order of the Court. In accordance with the view of the maÂjority, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 276...Category: Fiscal/Taxation Law | Date: | Hits: 156
Bangladesh Steamer Agent's Association Vs. Bangladesh & others, 1979, 8 CLC (AD)
.... The Government granted the licence required under section 3 of the Ordinance on due approval of the Memorandum of Articles of Association of appellant—the Association, which were amendÂed several times at the instance of the GovernÂment before the licence was granted. The chief business of the ......udgment of the High Court Division is set aside and the impugned order is set aside as having been passed without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 272...Category: Business or Commercial Law | Date: | Hits: 208
State Vs. Monsur Alam alias Mon Miah and others, 2012, 41 CLC (AD)
....n. The informant saw the occurrence from 8/10 cubits away and went along with his paternal uncle Lal Mia, cousins Mukul Master, Iqbal Mia, Nobi Mia and Badal Mia in order to save his brother. At that time accused Chootto and Parvez shot at them with local made firearms, he (the informant) was injure...... prepare the paper book out of Court in accordance with Rules. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 268. ..Category: Criminal Law | Date: | Hits: 122
IFIC Bank Ltd. Vs. Eknabin & Co. and others, 2010, 39 CLC (HCD)
....lopment Leasing Company as plaintiff has filed Bankruptcy Case No.5 of 2003 against opposite party Nos.2 and 3 for declaring the Directors of the Company as bankrupt. Petitioner filed application for time for filing written objection. Learned Judge fixed 13-9-2005 as it appears for service return bu......6 dated 18-9-2005 are set aside. In the result, the Rule is made absolute without any order as to cost. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 123. ..Category: Procedural Law | Date: | Hits: 126
Abeda Chowdhury Vs. State and another, 2009, 38 CLC (HCD)
....cision in the case of Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan reported in 60 DLR (AD) 195 wherein their Lordships held: "Since the date of receipt is a question of fact to be ascertained at the time of trial, nonÂdisclosure of such fact in the complaint petition cannot render the proceeding l......Advocate for the petitioner is perÂmitted to take back the certified copies of the annexure by replacing the photocopies of the same. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 118. ..Category: Criminal Law | Date: | Hits: 113
Rowshena Jahan Vs. State and another, 2010, 39 CLC (HCD)
....tion 109 of the Penal Code, now pending in the Court of Metropolitan Senior Special Judge, Dhaka, should not be quashed or any other order passed as this Court may deem fit and proper. 2. At the time of issuance of the Rule, all furÂther proceedings of the above mentioned Case was stayed and t......rned Court shall proceed with the case in accordance with law. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 90. ..Category: Criminal Law | Date: | Hits: 100
Buxly Paints (BangÂladesh) Ltd. Vs. Bangladesh, 1977, 6 CLC (AD)
....d order of the High Court Division are set aside and it is declared that the Notification dated 19-2-12 is without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 266.......cutive Director of the appellant comÂpany, as the Administrator for the Unit to operate the mill and jointly conduct all other affairs. On 19-2-72, however, the Secretary of Industries suspended the appointment of Mr. Salam as Administrator and directed the apÂpellant company to be administered by..Category: Property Law | Date: | Hits: 79
Sukhamoya Dutta Gupta Vs. Abdul Gafur and others, 1979, 8 CLC (AD)
.... forcibly entered into the "Chowchalas baithakkhana" by breaking open a lock in spite of protest from some persons present on behalf of the appellant who was not preÂsent at the spot at the relevant time and that on returning home at about 12-30 P.M. the appellant found the respondents in the huts........ Accordingly the appeal is allowed. The order of the High Court unÂder appeal is set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 262...Category: Criminal Law | Date: | Hits: 94
....reparatory to retirement shall actually retire on the expiry of his leave. Since the leave was granted for six months which expired on 31.7.73 the proceeding against the appellant was pending at that time and charge was framed on 3.4.73 under P.O. 67 of 1972 and he was suspended on 25.7.73. The High......the dismissal order has been passed without any lawful authority and is of no legal effect. However, there will be no order as to costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 256...
Category: Employment/Service Law | Date: | Hits: 107
....ed 07-9-2006 by which the property of the Waqf was included in acquisition. A subsequent application was made challenging the acquisition under LA Case No.138/61-62 on the ground that at the relevant time, in the year 1961-62, provisions of section 93A of the Town Improvement Act, 1953 (TI Act, 1953......ules which are accordingly, discharged, without, however, any order as to cost.
Let a copy of this judgment be communicated at once.
Ed.
This Case is also Reported in: 63 DLR (HD) (2011) 85.
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Category: Property Law | Date: | Hits: 106
M. A. Razzaque Vs. Syed Maynul Haq and others, 2012, 41 CLC (AD)
....the learned Judge of the trial court rejected that application by the order dated 27.02.2006 holding that the plaintiffs were not directed to pay the adjournment cost of Tk.200/- within any specified time. 5. Being aggrieved by this order of the trial court this petitioner preferred the above men......ders of the High Court Division as well as of the trial court. In the circumstances this Civil Petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 428. ..Category: Procedural Law | Date: | Hits: 75
Government of the People's Republic of Bangladesh Vs. Md. Khorshed Ali Talukder, 2012, 41 CLC (AD)
....the departmental proceeding against this petiÂtioner afresh by appointing the enquiry officer/Board of Enquiry in accordance with the rules. Ed. This Case is also Reported in: 9 ADC (2012) 407. ...... enquiry officer the authority may appoint a Board of Enquiry consisting of three persons. In the present case the Board of Enquiry was formed with two persons in violation of this Rule 10(9) and the appointment of Mr. Abdur Razzaque Bhuiyan-an officer below the rank of that of the petitioner as one..Category: Administrative Law | Date: | Hits: 263
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