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President, Coronation Hall Committee and Deputy Commissioner, Khulna Vs. Executive Committee, Khulna & others, 2011, 40 CLC (HCD)

.... any reason for distinguishing those decisions, which were otherwise binding on it as per Article 111 of the Constitution of the Peoples Republic of Bangladesh and as has been clearly declared by the Appellate Division in a case reported in 8LG (2011) (AD) 70. 14. However, our perusal of the ju......ourt Records along with the copies of the judgment to the court below. Communicate the order at once. MA Hye J.-I agree This Case is also Reported in: 63 DLR (2011) 666. ......ourt Records along with the copies of the judgment to the court below. Communicate the order at once. MA Hye J.-I agree This Case is also Reported in: 63 DLR (2011) 666. ..

Category: Property Law | Date: | Hits: 89

Md. Abdul Halim Vs. Dr. Mohammad Tareque and others, 2011, 40 CLC (HCD)

....f punishing for contempt should be used sparingly and only in serious cases (Parashura Debaran Vs. King-Sup, 45 C.W.N. 733). The same caution echoed in Adam Ali Vs. Emp. AIR 1945 P.C. 147. 18. Our Appellate Division considered several decisions of home and abroad in the decisions as referred to a......er as to cost. The contemnor-respondent Nos.1 to 4 are exonerated from the charge brought against them. Communicate at once. M. Moazzam Husain J. - I agree. This Case is also Reported in: ......er as to cost. The contemnor-respondent Nos.1 to 4 are exonerated from the charge brought against them. Communicate at once. M. Moazzam Husain J. - I agree. This Case is also Reported in: ..

Category: Employment/Service Law | Date: | Hits: 115

Law Dev (Bangladesh) Vs. Bangladesh and another, 2011, 40 CLC (HCD)

....e Helal Vs. Justice Sultan Hossain Khan reported in 11 BLC 339 where the appoint­ment of the Chairman of the Anti-Corruption Com­mission (ACC) was by a Selection Committee chaired by a Judge of the Appellate Division and other Members of the Selection Committee consisted of a Judge of the High Cou......d for the appointment and also mentioned the salaries and another benefits and allowances of the Chairman and the Members of the BERC. The second step was the formation of Selection Committees by the Administrative Ministry (Ministry of Power, Energy and Mineral Resources) and such Selection Com­mi......on as the case involves a substantial question of law as to the interpretation of the Constitution. The certificate as prayed for is granted. Ed. This Case is also Reported in: 63 DLR (2011) 626...

Category: Employment/Service Law | Date: | Hits: 92

Shahabuddin (Md) Vs. Secretary, Ministry of Youth and Sports and others, 1991, 20 CLC (HCD)

....tition before this Court under Article 102(2)(a)(ii) of the Constitution, therefore, is not maintainable on the grounds stated above. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 360. ......tition before this Court under Article 102(2)(a)(ii) of the Constitution, therefore, is not maintainable on the grounds stated above. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 360. ......r, Dhaka prays for issuance of Rule Nisi upon the respondents to show cause why the following impugned decision and order dated nil (Annexure‑E) passed by Syed Alamigir Faruk Chowdhury, Arbitration Tribunal (copy of which was received by the petitioner on 5‑3‑1991): “নবারুণ ..

Category: Constitutional Law | Date: | Hits: 165

Abdul Hakim and others Vs. State, 1991, 20 CLC (HCD)

....llants are acquitted and they are discharged from their respective bail bonds. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 352. ......the conviction and sentences are set aside and the appellants are acquitted and they are discharged from their respective bail bonds. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 352. ......the conviction and sentences are set aside and the appellants are acquitted and they are discharged from their respective bail bonds. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 352. ..

Category: Criminal Law | Date: | Hits: 84

Abdul Gani Khan Vs. Shamser Ali and others, 1991, 20 CLC (HCD)

....terference. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 349. ......ch the impugned judgment does not call for any interference. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 349. ......ch the impugned judgment does not call for any interference. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 349. ..

Category: Procedural Law | Date: | Hits: 105

AR Bhuiyan and Company Vs. Commissioner of Taxes, Dhaka (South) Zone, Dhaka, 1992, 21 CLC (HCD)

....of the Income Tax Act, 1922 is at the instance of the assessee raises the following question for our decision: (i) Whether on the facts and in the circumstances of the case, the learned Income Tax Appellate Tribunal is correct in interpretation of provision of section 10(2)(XVI) of the Income Tax......xes under Income‑Tax Act. For the aforesaid discussion, we answer the question No.1 in the affirmative and against the assessee. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 347. ......ome Tax Act, 1922 is at the instance of the assessee raises the following question for our decision: (i) Whether on the facts and in the circumstances of the case, the learned Income Tax Appellate Tribunal is correct in interpretation of provision of section 10(2)(XVI) of the Income Tax Act; (..

Category: Fiscal/Taxation Law | Date: | Hits: 90

Altaf Hossain Vs. Abbas Ali and another, 1991, 20 CLC (HCD)

....ing in the Court of Upazila Munsif, Fulbaria, District Mymensingh. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 374. ......ing in the Court of Upazila Munsif, Fulbaria, District Mymensingh. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 374. ......ing in the Court of Upazila Munsif, Fulbaria, District Mymensingh. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 374. ..

Category: Property Law | Date: | Hits: 68

Shaikh Sharnsuddin Ahmed Vs. Nazmul Huda and others, 1993, 22 CLC (HCD)

....1.85 in accordance with law, in the light of the observations made above and in compliance with the direction of the appellate Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 369. ......1.85 in accordance with law, in the light of the observations made above and in compliance with the direction of the appellate Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 369. ......1.85 in accordance with law, in the light of the observations made above and in compliance with the direction of the appellate Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 369. ..

Category: Procedural Law | Date: | Hits: 77

Anil Krishna Mondal Vs. Chairman, Labour Court and others, 1991, 20 CLC (HCD)

....he Labour Court is without lawful authority and is of no legal effect. In the result, the Rule is discharged. No order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 367. ......he Labour Court is without lawful authority and is of no legal effect. In the result, the Rule is discharged. No order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 367. ...... an order of dismissal to an order of termination. Such order merely on the ground of stigma cannot be declared as made without jurisdiction unless it can be shown that the proceeding of the Domestic Tribunal is vitiated by procedural defect. This is not present here in this case. In view of the ..

Category: Labour and Industrial Law | Date: | Hits: 115

Aslam Hossain Chaklader Vs. Ali Nur and others, 1991, 20 CLC (HCD)

.... temporary injunction is rejected. The connected Rule is disposed of accordingly. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 366. ......te Judge is hereby set aside and the petition for temporary injunction is rejected. The connected Rule is disposed of accordingly. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 366. ......te Judge is hereby set aside and the petition for temporary injunction is rejected. The connected Rule is disposed of accordingly. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 366. ..

Category: Civil Law | Date: | Hits: 74

Abdul Awal and others Vs. Abdul Hamid and others, 1991, 20 CLC (HCD)

....nce. In the result, the second appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 363. ......ce and as such it does not call for any interference. In the result, the second appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 363. ......ce and as such it does not call for any interference. In the result, the second appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 363. ..

Category: Property Law | Date: | Hits: 69

Anwar Hossain and others Vs. Abul Hossain Molla and others, 1991, 20 CLC (HCD)

....hose of the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 79. ...... Appeal No.323 of 1969 is hereby set aside and those of the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 79. ...... Appeal No.323 of 1969 is hereby set aside and those of the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 79. ..

Category: Property Law | Date: | Hits: 91

Bangladesh Vs. Md. Aslam and others, 1989, 18 CLC (HCD)

....ght, title or interest in the suit property and they had also acquired no right by way of adverse possession and accordingly he dismissed the suit. On appeal by the plaintiffs -appellants the learned Appellate Court reversed the judgment and decree of the trial Court and allowed the appeal. 5. Mr...... Title Suit No.3 of 1976, is hereby set aside and the judgment and decree of the learned Subordinate Judge are affirmed and maintained. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 69....... Title Suit No.3 of 1976, is hereby set aside and the judgment and decree of the learned Subordinate Judge are affirmed and maintained. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 69...

Category: Property Law | Date: | Hits: 96

State Vs. Amin Huda, 2011, 40 CLC (AD)

....har Tribunal within 6(six) weeks from the date of receipt of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 152,8 LG (AD) (2011) 164, VIII ADC (2011) 890. ......fore the Druta Bichar Tribunal within 6(six) weeks from the date of receipt of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 152,8 LG (AD) (2011) 164, VIII ADC (2011) 890. ......ection 19(1) and item Nos.5 and 9 (Kha) of the Table to section 19(1)/20/22(ga) of the Act, 1990 respectively. After submission of charge-sheets, the case records were transmitted to the Druta Bichar Tribunal No.4, Dhaka where the cases were registered as Druta Bichar Tribunal Case Nos.4 of 2008 and..

Category: Criminal Law | Date: | Hits: 112

Government of Bangla­desh and others Vs. Excellent Corporation, 2010, 39 CLC (AD)

.... as to cost. The Judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 148, 16 MLR (AD) (2011) 433, 8 LG (AD) (2011) 190. ...... without any order as to cost. The Judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 148, 16 MLR (AD) (2011) 433, 8 LG (AD) (2011) 190. ...... without any order as to cost. The Judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 148, 16 MLR (AD) (2011) 433, 8 LG (AD) (2011) 190. ..

Category: Business or Commercial Law | Date: | Hits: 267

Bangladesh and another Vs. Md. Abdul Karim, 2011, 40 CLC (AD)

....ppellate Tribunal, Dhaka. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 143, 31 BLD (AD) (2011) 117, 8 LG (AD) (2011) 159, 16 MLR (AD) (2010) 361, VIII ADC (2011) 589. ......d by Syed Mahbubar Rahman, Advocate-on-Record—For the Respondent. Civil Petition for Leave to Appeal No. 43 of 2010. (From the judgment and order dated the 7th day of June, 2009 passed by the Administrative Appellate Tribunal in Miscellaneous Case No.5 of 2009) Judgment Md. Abdul Wahha......, Advocate-on-Record—For the Respondent. Civil Petition for Leave to Appeal No. 43 of 2010. (From the judgment and order dated the 7th day of June, 2009 passed by the Administrative Appellate Tribunal in Miscellaneous Case No.5 of 2009) Judgment Md. Abdul Wahhab Miah J. - Delay of 72 d..

Category: Administrative Law | Date: | Hits: 181

Syed Mokbul Hossain Vs. Government of Bangladesh, 1990, 19 CLC (HCD)

.... dated 27.8.87 discharged the Rule holding that the same had become infructuous on the revocation of the impugned order of detention by the Government. 5. On the appeal preferred there against the Appellate Division by its judgment dated 28.3.88, however, declared the very detention of the petiti......t should not be lightly interfered with. In the facts and circumstances of the case, there will, however, be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 39. ......t is further stated that having got the information of pendency of such criminal case, the petitioner came back Dhaka on 22.6.87 from London and surrendered himself in the Court of the Senior Special Tribunal, Dhaka on 23.6.87 and therefrom he was sent to jail hajat. On 27.6.87 the learned Special T..

Category: Constitutional Law | Date: | Hits: 288

Salahuddin Khan and others and others Vs. Md. Abdul Hai Bahar and others, 2011, 40 CLC (AD)

.... is further directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 138, 31 BLD (AD)(2011) 185, VIII ADC (2011) 869. ...... The trial Court is further directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 138, 31 BLD (AD)(2011) 185, VIII ADC (2011) 869. ...... The trial Court is further directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 138, 31 BLD (AD)(2011) 185, VIII ADC (2011) 869. ..

Category: Civil Law | Date: | Hits: 86

Amin Mia (Md.) Vs. Nazir Ahmed and another, 2008, 37 CLC (AD)

....t decision. The petition is dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 136, 19 BLT (AD) (2011)137. ......on correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 136, 19 BLT (AD) (2011)137. ......on correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 136, 19 BLT (AD) (2011)137. ..

Category: Criminal Law | Date: | Hits: 89