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....ormer post and allow him to continue in service with all attending benefits within 30 days from the date of receipt of copy of this judgment.
Ed.
This Case is also Reported in: 59 DLR (2007) 258....... authority to pass the impugned orders but instead of them, the Commissioner-in-charge of Police KMP and Additional Inspector General of Police passed the impugned orders of discharge and appellate decision but they were not authorised by law to pass the same.
6. Regulation No. 861 has provided..
Category: Employment/Service Law | Date: | Hits: 67
Anwara Begum Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....d Buildings as published in Ka list dated 28-4-1986 within 3(three) months from the date of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 251, 26 BLD (HCD) (2006) 123. ......doza, Advocate—For Respondent No. 1. Petition No. 6137 of 2001. Judgment Tariq-ul-Hakim J.- This Rule Nisi has been issued calling upon the respondents to show cause as to why the impugned decision dated 24-10-2001 (Annexure-F to the Writ Petition) passed by the First Court of Settlement,..Category: Property Law | Date: | Hits: 40
Nazir Ahmed Vs. Md. Amin Mia and anothers, 2007, 36 CLC (HCD)
....once if he is not wanted in connection with any other case. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 245. ......ng the judgment dated 6-8-2001 is not at all legal and proper and, as such, the Rule should be made absolute and appellant-petitioner be acquitted. In this connection, learned Advocate has cited some decisions reported in 1994 BLD 167 = 45 DLR 578, 45 DLR (AD) 27, 9 DLR (SC) 14, 34 DLR 320, 16 DLR (..Category: Criminal Law | Date: | Hits: 40
Syed Ziaul Hasan and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....tity module (SIM) Card according to the price fixed i.e. Taka 1800. There will be no order as to costs. Ed This Case is also Reported in: 59 DLR (2007) 238, 26 BLD (HCD) (2006) 366. ......espondent No. 6 company is that the company is the licensee of the government selling the SIM Cards. The company's function is regulated by the government under the provision of law. He had cited two decisions in support of his contention. One is in the case of Zakir Hossain Munshi vs. Government of..Category: Fiscal/Taxation Law | Date: | Hits: 131
Moezuddin (Md) Vs. State, 2007, 36 CLC (HCD)
.... Sessions Judge, 1st Court, Pabna according consent to withdraw from the prosecution of the accused-opposite party No. 1 is set aside. Ed. This Case is also Reported in: 59 DLR (2007) 122. ......e performing a routine work. 6. Mr. Munsurul Huq Chowdhury, learned Advocate, on the other hand, supports the order of the learned Additional Sessions Judge. According to the learned Advocate, the decision for withdrawal from the prosecution having been taken at the highest level of the Governmen..Category: Criminal Law | Date: | Hits: 43
Shahella Chowdhury Vs. National Board of Revenue and others, 2007, 36 CLC (HCD)
....no legal effect; and they are accordingly quashed. Order of stay granted on 23-506 is also recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 213. ......l by his order dated 11-3-01 reversed the order of Appellate Joint Commissioner of Taxes and restored that of the Deputy Commissioner of Taxes dated 29-3-2000. 6. The petitioner accepted the final decision of the Taxes Appellate Tribunal and paid tax. 7. Then, the Deputy Commissioner of Taxes ..Category: Fiscal/Taxation Law | Date: | Hits: 69
Dhaka City Corporation and others Vs. Shamsur Rahman and others, 2007, 36 CLC (HCD)
....ring with peaceful possession of the plaintiff in the suit land, in any way, as prayed for. Send down the records, at once. Ed. This Case is also Reported in: 59 DLR (2007) 207. ......f. Upon such view, it finally found that the suit was not maintainable without declaration of title. 47. Such view of the trial Court was reversed rightly by the appellate Court, Because, the decision of the trial Court is based on no authority. Earlier, wrong record of rights could be corre..Category: Property Law | Date: | Hits: 32
Shahidullah (Md) Vs. Eastern Bank Ltd. and others, 2001, 30 CLC (HCD)
....ith law and the same shall be disposed of expeditiously, preferably within three months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 54 DLR (2002) 41.......y the Artha Rin Adalat. 10. We have heard the learned Advocate and perused the application as well as the counter affidavit filed by the plaintiff opposite party No. 1. We have also considered the decision referred to by the learned Advocate appearing on behalf of the plaintiff opposite party No...Category: Civil Law | Date: | Hits: 69
Md. Ali Haider & Ors. Vs. State and others, 1987, 16 CLC (HCD)
.... the charge. They shall be set at liberty forthwith if not wanted in connection with any other case. Amin-ur-Rahman Khan J. – I agree Ed. This Case is also Reported in: 40 DLR (1988) 97. ......er is likelihood of his straying from evidence which clinches the issue. In the instant case the learned trial Court failed to analyse the evidence on record and this failure led him to erroneous decision occasioning failure of justice. 35. The learned trial court did not consider the defen..Category: Criminal Law | Date: | Hits: 30
Nazibul Islam & others Vs. Dr. Amanullah & Ors., 1988, 17 CLC (HCD)
....o of no substance. Accordingly, this Rule is discharged and the stay order granted by this Court is vacated. Naimuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 94. ......e there being no finding as to a case of emergency, the passing of the order of attachment and appointment of receiver is illegal and the same need be quashed. The learned Advocate has also cited a decision reported in XXXVI DLR (HC) page 141 in support of his contention. 5. We have carefully p..Category: Criminal Law | Date: | Hits: 32
Janata Bank Vs. M/S Ahmedia Garments, 1987, 16 CLC (HCD)
....on of the judgment is stayed for 4 (four) weeks from date. There will however be no order as to costs. Amirul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 72....... in such matters would not be prohibited in making the payment because of any dispute between the buyer and the seller and in support to this contention the learned counsel has referred a number of decisions namely that reported in 33 DLR (A.D) 298, AIR 1970 (S.C.) 891, AIR 1981 (S.C.) 1426, AIR 1..Category: Business or Commercial Law | Date: | Hits: 209
....eceipt of the copy of this judgment.
In the result, the Rule is disposed of with the aforesaid observation without any order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 35.
......lls that there was a meeting called 300th Board Meeting held on 5-12-1993 and in the said meeting the rate of gas charge had been enhanced and the consumers concerned have to pay gas bills as per the decision of the said meeting. It was further told and asserted that the Oil Mills has to execute und..
Category: Civil Law | Date: | Hits: 115
Abu Lokman Vs. Commissioner of Customs & others, 2002, 31 CLC (HCD)
....aid sub section. Therefore, we do not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 34. ......orted or exported goods the declared value of which is higher than its tariff value fixed under this sub‑section 7 shall be chargeable with customs duties on the basis of its declared value, In the decision cited by Mr. Ramzan Ali Sikder it has not been said explicitly that sub section (7) of se..Category: Fiscal/Taxation Law | Date: | Hits: 56
New Age Garments Ltd. and others Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....4 Ain/2001/Srakoml0/Ni:Mo: Ni; 28/2001 dated 8th July, 2001 is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 54 DLR (2002)33.......defects, we find no other alternative but to declare the impugned notification as illegal and of no legal effect. 12. However, before we part with the case, we like to make it clear that the above decision of this court shall not preclude the Government from determining the rates of wages in acco..Category: Labour and Industrial Law | Date: | Hits: 96
Ripon Packaging and Accessories Ltd. Vs. Eastern Bank Ltd. and another, 2001, 30 CLC (HCD)
....aw and both the suits be disposed of as early as possible preferably within 3 (three) months from the date of receipt of the copy of this Judgment. This Case is also Reported in: 54 DLR (2002) 31. ......of other Civil cases, specifically in view of the fact that common question of law, facts and evidence are involved in both the suits and the should be heard analogously in order to avoid conflicting decisions which may arise. 8. The opposite parties bank have filed counter-affidavit and denied t..Category: Civil Law | Date: | Hits: 73
....the said other sections and the term ‘arbitration agreement’ as employed therein, if applied to foreign arbitrations, would, on the above view, affect the vires of the Act and place it beyond the legislative competence and powers of the enacting legislature, the above prima facie construction of......he Act as well as those of section 11 of the Act. Accordingly, the plaint of the suit is liable to be rejected under Order 7 rule 11(d) of the Code.
14. In support of his submissions, he cited the decision in the case of Md. Yousuf Vs. Alhaj G P Mollah and Co., 1987 BLD 77.
15. Opposing the Ru..
Category: Civil Law | Date: | Hits: 101
M. Abul Quashem & ors. Vs. Moulvi Abdur Rab Miah & others, 2002, 31 CLC (HCD)
....ceipt of the order in accordance with law. Stay granted earlier is hereby vacated. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (2003) 32.......er Order XXXIX rule 2(3) of the Code, the learned Assistant Judge was not legally authorised to pass the impugned order under section 94 of the Code. In support of his contention he has relied upon a decision held in the case of Mosharraf Hossain Mia Vs. Mosammat Hasina Begum and others reported in ..Category: Property Law | Date: | Hits: 28
Gazi Tayebur Rahman Vs. Saikh Md. Ali and others, 2002, 31 CLC (HCD)
....preferably within 3 months from the date of receipt of this order by the lower Court. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (2003) 29.......smissal order dated 16‑11‑93 passed by the learned Assistant Judge being an appellable order under Order XLIII rule 1(d) of the Code, the learned Assistant Judge has committed error of law in his decision occasioning failure of justice in setting aside the said dismissal order, in exercise of hi..Category: Property Law | Date: | Hits: 36
Matiur Rahman (Md) Vs. People's Republic of Bangladesh and others, 2002, 31 CLC (HCD)
....the writ petition changing his status and transfer as Darowan is declared to have been passed without lawful authority and of no legal effect. Ed. This Case is also Reported in: 55 DLR (2003) 26.......this writ petition is not maintainable. In support of his contention that the respondent Company being a private limited Company is not amenable to the writ jurisdiction the learned Advocate placed a decision of an unreported case of Modern Dyeing and Screen‑printing Ltd, Vs. The Secretary, Minist..Category: Labour and Industrial Law | Date: | Hits: 71
M Mojibul Haque Vs. DG, Bangladesh Bureau of Anti-Corruption & ors., 2001, 30 CLC (HCD)
....l Chanda Dwarkadas Morarka Vs. King, AIR (1948) (PC) 82. In the premises, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 24. ......sure of evidence before it to accord sanction. But the minimum requirement of this section appears to be that the authority while according sanction must have the facts of the case in order to take a decision as to whether it should accord any sanction for the prosecution. Because the government can..Category: Anti-Corruption Laws | Date: | Hits: 138
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