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Govt. of Bangladesh & another Vs. M/S Mashriqul Textiles and others, 1982, 11 CLC (AD)

.... to the Civil Supply Depot of the defendant some gunny bags, and for proper performance of the contract, furnished two Bank Guaran­tees. The delivery was to be completed by 15 January, 1971, but the time was extended up 30 November, 1971. The plaintiff supplied a small part of the goods under contr...... parties agreed upon his appointment in the agreement. In the result, the appeal is dismissed without, however, any order to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 123. ..

Category: Alternative Dispute Resolution | Date: | Hits: 238

Fazler Rahman Talukder Vs. Md. Mohsen Ali Talukder and another, 1982, 11 CLC (AD)

....enancies shows in clear terms that the defendant took settlement of the tenure and not of raiyati right, and an such he cannot acquire occupancy right in the tenure by cultivating the land for a long time nor he can acquire any occupancy right by virtue of his being a settled raiyat in that village.......dgment and decree of the High Court Division and those of the lower Appellate Court are set aside and those of the trial Court restored. Ed. This case is also reported in: 35 DLR (AD) (1983) 116...

Category: Property Law | Date: | Hits: 58

State Vs. Md. Faisal Alam Ansari and others, 2008, 37 CLC (AD)

....trial, preferred Jail Appeal No.842 of 2003 as well as Criminal Appeal No.2798 of 2003. 2. The two absconding accused were represented by a State Defence lawyer during the trial as well as at the time of hearing of the appeal by the High Court Division. The Death Reference and the Criminal Appea......as stated above and the Jail Appeal is accordingly disposed of. Send down the lower Court records along with a copy of this judgment at once. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 94

Samerendra Samajpati and others Vs. Government of the People’s Republic of Bangladesh, 2012, 41 CLC (AD)

.... was granted license on 28.10.1980 in respect of .91 acre of land for the period 14.04.1980 to 13.04.1981. Upon paying the dues he got possession of the land. Thereafter, the license was renewed from time to time. But subsequently, the Railway authority took back 31 decimals of land and leased the s......r of the High Court Division. We do not find any merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 69

Abdul Mannan Bhuiyan Vs. State, 2010, 39 CLC (AD)

....ina Akhter (P.W.1) on 28th March, 1992 at about 1 am. It is alleged that the dacoits fastened the informant, assaulted her husband with sharp cutting weapon and looted away cash and valuables. At the time of the retreat of the dacoits the villagers apprehended one dacoit namely Anu Mia and on the ba......t Division, in the premises, are perfectly justified in maintaining the conviction and sentence of the appellant. The appeal is therefore dismissed.  Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 100

State Vs. Md. Abul Hossain and another, 2011, 40 CLC (AD)

....n no cash money was required to be paid by the licence holders but when the licences were presented before the postal operator for renewal, the licence holders were required to pay money, that at the time of issuance of tax token no money was required to be paid but that “only when the same is pre......tence of imprisonment for the period they have already undergone. The appeals are allowed with the modification of the sentence as above. Ed. This Case is also Reported in: 9 LG (AD) (2012) 47. ..

Category: Criminal Law | Date: | Hits: 85

Biman Bangladesh Airlines Limited and others Vs. Md. Moniruzzaman and others, 2011, 40 CLC (AD)

....heir services by Biman did not go to the Labour Court. From the affidavit-in-opposition filed in the writ petition, it appears that the same objection was taken before the High Court Division. At the time of hearing of the Rule, the objection was agitated and in support of the objection, the case of......t was stated, inter-alia, that after being appointed as Accounts Assistant vide Memo No. Dhak GE/P 34174/88/848 dated 30-6-1988 the petitioner joined Bangladesh Biman Corpo­ration on 2-7-1988 at the scale of Taka 950-2100 and was confirmed in the post on 16-2-1989. The petitioner was promoted to th..

Category: Employment/Service Law | Date: | Hits: 111

Government of the People's Republic of Bangladesh Vs. Nasirur Rahman, 2011, 40 CLC (AD)

....d the moment the period of the ‘প্রকল্প’ would be over. It was also a condition that before completion of the project, the petitioner could be terminated/relieved of his service any time by giving him one month's notice or giving him one month's salary. Annexure-‘A1’ shows that....... মশিবিম/শাঃউঃ-৭/২৮/৯৬-৯৭(অংশ-১)-২০৬/১(২)dated 02.08.1999, so in the eye of law, the petitioner was in service as the Project Director at the pay scale of the Deputy Project Director. The learned Judges further found that the refusal dated 23.03...

Category: Employment/Service Law | Date: | Hits: 119

Government of Bangladesh and Others Vs. Md. Mosharraf Hossain, 2011, 40 CLC (AD)

....;C) dated 06.05.2002 issued by the Deputy Registrar-1 of the High Court Division. The petitioner's pay scale was fixed at TK. 2250-135X7-3195-EB-140X11-4375 under the National Pay Scale, 1997. At the time of appointment of the petitioner, the post of PA/Stenographer was classified under বাংল......f no legal effect. The petitioner also sought direction upon the present appellants who were respondent Nos.1-3 in the writ petition to grant him the status of First Class Gazetted Officer with a pay scale of TK. 9000-405X16-15480 under the National Pay Scale, 2005 and accordingly, Rule was issued i..

Category: Employment/Service Law | Date: | Hits: 127

Government of Bangladesh and Others Vs. Himangshu Ranjan Pal, 2011, 40 CLC (AD)

....e Managing Committee of the aforesaid school. In the year 1990 he was promoted to the post of Assistant Head Master of the school. But due to unknown reasons the petitioner was not given the modified time scale to which he was entitled. He made repeated written representations to the authority conce......aging Committee of the aforesaid school. In the year 1990 he was promoted to the post of Assistant Head Master of the school. But due to unknown reasons the petitioner was not given the modified time scale to which he was entitled. He made repeated written representations to the authority concerned,..

Category: Administrative Law | Date: | Hits: 240

Rajdhani Unnayan Katripakkha (RAJUK) Vs. A.K.M. Abdul Hakim and Others, 2010, 39 CLC (AD)

....Hamid was allotted 5 kathas land of plot No.7, Road No.20, Block-J, Baridhara Residential Area, Dhaka by allotment letter dated 16.04.1987 and he made payment of the value of the plot during his life time. Before handing over the plot to him he expired in a hospital in Chittagong on 19.06.1994 leavi......eable property. We find no substance in this petition, which is accordingly dismissed with cost of Tk. 10,000/- (ten thousand) only. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 34. ..

Category: Civil Law | Date: | Hits: 76

JMS Glass Industries Ltd. Vs. Customs, Excise and VAT Appellate Tribu­nal and others, 2011, 40 CLC (AD)

....ing the Appeal for hearing by waiving deposit of 25% of the demanded or imposed penalty under Section 42 of the VAT Act read with section 196 and 2nd proviso to section 194 of the Customs Act. At the time of hearing of the Appeal on 5-2-2007, the petitioner filed an application to accept the Memo of...... discharging the Rule. For the reasons stated hereinbefore, we find no merits in the petition and accordingly, the same is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 43. ..

Category: Fiscal/Taxation Law | Date: | Hits: 130

Azmal Khan Vs. Md. Afzal Khan and others, 2011, 40 CLC (AD)

....eferred the case of BKN Pillai Vs. Pillai and anoth­er, AIR 2000 SC 614. 8. We do not dispute the last submission of the learned counsel. It is now established principle that the Court may at any time allow amendment of the pleadings to rectify error in any proceedings in a suit and all necessar......ame. We find no substance in the contention of Mr. Kamal-ul-Alam. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 17. ..

Category: Civil Law | Date: | Hits: 86

Ramjan Ali Mistry Vs. Md. Hedayelullah, 1978, 7 CLC (AD)

....of the present Ordinance, wherein it has been held that the point of default that is to be decided by the Court, is whether the tenant has paid rents allowable under the Act to the full extent at the time of the decree or order for ejectment is made and not an earlier date. Reference is to be made t......td. Vs. Shri Ram Krishna Dalmia, AIR 1973 (SC) 425. In conclusion, we find no merit in this ap­peal, which is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 183...

Category: Property Law | Date: | Hits: 87

Zaminur Rahman & others Vs. Bangladesh & others, 1978, 7 CLC (AD)

....h­standing anything contained in these Rules, the Purashava may lease out collec­tion of Octroi of or Octroi post barrier or group of such posts barrier for a period for not exceeding one year at a time on such terms and conditions, not being incon­sistent with the provisions of these rules, as i......uraged. In the above premises the appeal is dis­missed but in the facts and circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 171...

Category: Fiscal/Taxation Law | Date: | Hits: 112

Mullick Brothers Vs. Income Tax Officer and another, 1978, 7 CLC (HCD)

....gla­desh to be a sovereign People's Republic and thereby confirm the declaration of independ­ence already made by Banga Bandhu Sheikh Mujibur Rahman, and do hereby affirm and resolve that till such time as a Constitution is framed, Banga Bandhu Sheikh Mujibur Rah­man shall be the President of the...... premises the appeal is allowed but without any order as to costs. The impugned demand notices are declared to be of no lawful authority. Ed This Case is also Reported in: 31 DLR (AD) (1979) 165...

Category: Fiscal/Taxation Law | Date: | Hits: 122

Mohammad Golam Rabbani and another Vs. Government of People's Re­public of Bangladesh, 1978, 7 CLC (AD)

....d in 30 DLR (1978) at Page 109. 3. From the judgment of the High Court Division it is clear that appellants before the High Court Division in these two Criminal Appeals were not represented at the time the appeals were beard. The Division Bench disposed of those appeals in the absence of the lear......nd the observations in paragraphs 10-15 in entirely are expunged. In the result the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 163...

Category: Others | Date: | Hits: 145

Sonali Bank Vs. Mozaffor Hossain, 1997, 26 CLC (HCD)

....h credit account accrued by mortgage along with other two accounts. Notice of the suit had been duly served upon the defendant but with an ulterior motive, the defendant did not appear in the suit in time. The suit was fixed on 8-9-1987 for ex parte disposal. On that date, the defendant filed a peti......t of Subordinate Judge, Barisal is set aside and the ex parte decree dated 30-7-1983 is maintained. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 174. ..

Category: Procedural Law | Date: | Hits: 80

Abdur Rahim Vs. Arifur Rahman and others, 1997, 26 CLC (HCD)

....en statements denying all the material allegations of the plaint and contended, inter alia, that he never entered into any agreement for the sale of the suit property to the plaintiff at any point of time. It has also been contended in the written statement that defendant No.1 is his elder brother a......impugned judgment to call for any interference by this Court exercising revisional power. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 166...

Category: Procedural Law | Date: | Hits: 68

Mohor Ranjan Pal and others Vs. State, 1997, 26 CLC (HCD)

....jahar with Ramna Police Station on 23-9-92 under sections 468/471/420/109 of the Penal Code, stating, inter alia, that the offences under the aforesaid sections had been committed by the accused some time in June, 1984. 4. After due investigation a charge-sheet was filed on 30-8-93 against the pe......time of issuance of the Rules stand vacated. Let a copy of this judgment be sent to the learned Divisional Special Judge, at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 163. ..

Category: Criminal Law | Date: | Hits: 71