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Sk Abul Kashem Vs. Abdus Samad Biswas, 1999, 28 CLC (HCD)

.... to costs. The order of stay granted earlier by this court is hereby vacated. Communicate this order to the court below at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 70. ......it appears, passed the judgment and decree appealed against touching all points on merits not only the defects about the cause of action. The learned Advocate for the petitioner could not show us any decision that on such facts an application under Order 23 rule 1 of the Code can be allowed for with..

Category: Property Law | Date: | Hits: 30

Dr Abeda Begum and others Vs. Public Service Commission and others, 2006, 35 CLC (HCD)

.... expediti­ously. Communicate a copy of the judgment imme­diately to the respondent No. 1 PSC for taking necessary steps expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 182. ......y be rejected at any stage of the recruitment process if any fault or defect whatsoever be detected. Under Rule 7(1) of BCS (Age, Qualification and Examination for Direct Recruitment) Rules, 1982 the decision of the Commission as to the eligibility or otherwise of a candidate for admission to an exa..

Category: Employment/Service Law | Date: | Hits: 134

AMC Bennett and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)

....petition seems to be frivolous and without any substance. Accordingly, the Rule is discharged with cost of Taka 15,000 (fifteen thousand). Ed. This Case is also Reported in: 59 DLR (2007) 178.......is that the similar question raised and the claim made by others have already been decided by the Appellate Division in judgment of Civil Petition for Leave to Appeal No. 1372 of 2002 and also in the decision in the CPLA Nos. 1292, 908 and 912 of 2002. 7. Mr. Shah Khashruzzaman has referred to us..

Category: Property Law | Date: | Hits: 34

Kadam Ali Bhuiyan (Md) Vs. Begum Saheda Nur, 2007, 36 CLC (HCD)

....er at the time of issue of the Rule on 20-4-1999 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 175; 13 MLR (HCD) (2008) 242. ......hway was stated and on the prayer of the plaintiff for admission of a copy of said deed of defendant No. 5 was allowed by this Division in 15 DLR 432 and the appellate Court was directed by said decision to consider said evidence at the time of hearing of the appeal but the Court of appeal belo..

Category: Property Law | Date: | Hits: 30

Torab Ali (Md) Vs. Government of the People's Republic of Bangladesh and Others, 2005, 34 CLC (HCD)

....-charge), Gouripur passed in Other Class Suit No. 82 of 1994 are affirmed. Stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 154. ......esses against the Government issued by such Court and in view of this provision service of processes on the Government Pleader is good service on the Government. This view also finds support from the decision in the case of Government of Bangladesh vs Ramananda Sarker reported in 54 DLR (AD) 35. ..

Category: Property Law | Date: | Hits: 32

Mirzaboo Steels Ltd. Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)

....-1964 was challenged as redun­dant for non-user of the same. The said notification was found as having the mandate of law for the simple reason that the said SRO, the Statutory Rules and Orders, has legislative sanction. But in the instant case, the constitution of the said Committee is not the pro...... be directed to take steps to get adjournment of the Mortgage Suit No. 71 of 1995 pending in the Court of Subordinate Judge (now the Joint District Judge), 1st Artha Rin Adalat, Chittagong till final decision of the Reconciliation Committee as notified in the Bangladesh Gazette dated 4-2-1997 by the..

Category: Civil Law | Date: | Hits: 133

Abul Kalam (Md.) Vs. Md. Habuluddin and others, 2007, 36 CLC (HCD)

.... thousand. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the record at once. Ed. This Case is also Reported in: 59 DLR (2007) 137. ...... the revision Court. The revision Court was however, wrong in finding that the election petitioner became third in the race. Such finding was not material and had not materially affected its ultimate decision on the issue of recount. 15. Sub-rule (4) of rule 37 of the Paurashava (Election) Ru..

Category: Election Law | Date: | Hits: 99

Md. Monzurul Islam Vs. National Board of Revenue and others, 2009, 38 CLC (AD)

.... Yellow Book value was valid, the High Court Division did not commit any error in discharging the Rule. The petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 211. ......the scheme of Pre-shipments Inspection, assessment on used motor vehicles could be made on the basis of Yellow Book value and the Appellate Division in Civil Appeal No. 102 of 1998 affirmed the above decision holding that the imposition of the custom duty on the basis of Yellow Book Value on the rec..

Category: Fiscal/Taxation Law | Date: | Hits: 64

Mohammad Mustafizur Rahman, Principal, Matrai Science and Technical College, Joypurhat Vs. N. M. Showkat Habib Talukder, Logic and others, 2007, 36 CLC (AD)

....assessment of the materials on record. There is, therefore, no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 194.......onsidering the case for permission to the Matrai Model College of the respondent No. 1 for admission of students in the intermediate class for the academic year 2001-2002 stating that on 10.06.1999 a decision was taken by some persons in the area interested in the promotion of education in Kalai Upa..

Category: Others | Date: | Hits: 92

MGH Infocomm Ltd. Vs. Bangladesh, represented by Secretary, Ministry of Information, 2006, 35 CLC (HCD)

....is Rule, has been met with inertia and inaction from the respondent over a period of two years or more, a period that has conco­mitantly witnessed certain significant developments both in terms of a legislative enactment bearing on the matter at hand as well as of active judicial inter-vention spur......ed 30-11 -2006). Atten­tion is drawn in this regard to section 5 of the Act that sets the time limits within which the respondent in the facts and circumstances of this case should have arrived at a decision either way on the peti­tioner's application and that by any standard those periods should ..

Category: Information Technology Law | Date: | Hits: 171

Abdul Malek (Md) and another Vs. Sanowar Hossain and others, 2007, 36 CLC (HCD)

....er passed by the Court of Appeal below is affirmed. Let the lower Court records along with a copy of this Judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 124. ...... judgment and order of the Court of first instance. 7. The only point for determination in this Rule is, whether the court of Appeal below com­mitted any error of law resulting in an error in the decision occasioning failure of justice. 8. At the outset Garib Nawar, the learned Advocate appea..

Category: Property Law | Date: | Hits: 39

Chairman, RAJUK Vs. Abdul Matin Crore, 2006, 35 CLC (HCD)

....stands dismissed. Send down the lower Court's records at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 118. ......efore institution of the suit. Mr. Khan lastly submits that the trial Court failed to weigh and sift the evidence on record as required by law and evidently fell in an error in coming to his ultimate decision occasioning failure of justice. 11. Mr. Abdur Razzaq, Senior Advocate appearing wit..

Category: Property Law | Date: | Hits: 31

Muktar Hossain and others Vs. A Matin Sarker and others, 2007, 36 CLC (HCD)

.... if necessary, on further evidence that may be adduced by the parties. 18. Send down the records at once. Communicate. Ed This Case is also Reported in: 59 DLR (2007) 116. ...... 15. In such view of the matter, I am unable to accept the conclusion of the Courts below that the agreement which does not appear to be genuine has transformed the sale into a mortgage and such decision has no doubt occasioned failure of justice. 16. In the result, the Rule is made abso..

Category: Property Law | Date: | Hits: 27

Lokman Hossain @ Md. Lokman Ali (Md) Vs. State, 2003, 32 CLC (HCD)

....nt and his sureties are discharged from their bail bonds. Sent down the LCR along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 109. ......Tribunal should have left all these alamats including chemical examination report Exhibit 3 out of consideration. In support of his contention, the learned Advocate for the appellant has referred the decisions of the case of Habibur Rahman alias Alam vs. State, reported in 47 DLR 323. Moreover, it i..

Category: Criminal Law | Date: | Hits: 35

Nurjahan Begum Vs. Nur Rahman and Others, 2006, 35 CLC (HCD)

.... Joint District Judge, Court No. 1, Rangpur in Other Suit No. 30 of 1997 decreeing the suit in part is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 98.......isinterpreted and misconstrued the evidence and did not consider the material evidence on record while passing the impugned judgment and decree committing an error of law resulting in an error in the decision occasioning failure of justice. The learned Advocate refers the decision in the case of Sad..

Category: Property Law | Date: | Hits: 49

State Vs. Md. Roushan Mondal @ Hashem , 2006, 35 CLC (HCD)

....itional punitive strategies in favour of the nourishing needs of juveniles being supplied by means of treatment-oriented perspective. This radicalisation and humanisation of juveniles has resulted in legislative projects which jet­tison procedural rigours and implant informal and flexible measure o......y the accused-appellant. He further submits that the trial Judge in his judgment has adverted to the earlier finding of the Sessions Judge in the order dated 22-1-2001 and has, in fact, reviewed that decision by which the age of the accused had been established. He submits that the prosecution did n..

Category: Criminal Law | Date: | Hits: 167

Anhar Ahamed Chowdhury and another Vs. Md. Shamsuzzaman and others, 2006, 35 CLC (HCD)

....eedings of Title Execution Case No. 3 of 2003 granted earlier is recalled and stands vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 59 DLR (2007) 66. ......form. The learned Counsel submits that the learned Judge of the trial Court failed to weigh and sift the evidence on record as required by law and evidently fell in an error in coming to his ultimate decision occasioning failure of justice. 10. Mr. Md. SM Shahjahan, the learned Advocate appearing..

Category: Business or Commercial Law | Date: | Hits: 208

SM Hasan Faruqi and others Vs. Controller of Examination, National University, and others, 2005, 34 CLC (HCD)

....e said examina­tion for the next consecutive three years is hereby declared to have been passed illegally and without any lawful authority. Ed. This Case is also Reported in: 59 DLR (2007) 58. ......mittee considered all the relevant facts and after threadbare discussion they found the petitioners and others guilty but their mode of conduct does not throw any light of reasoning for such punitive decision. 13. It is apparent that the University Authority did not bring specific charges against..

Category: Others | Date: | Hits: 72

Siddiqur Rahman Vs. Chairman, Divisional Labour Court and others, 2006, 35 CLC (HCD)

....expeditiously in accordance with law. Send down the Lower Court Records and a copy of the judgment and order immediately. Ed. This Case is also Reported in: 59 DLR (2007) 49. ...... Writ Petition No. 667 of 2001 Judgment Md. Muzammel Hossain J.- This Rule Nisi was issued at the instance of the petitioner calling upon the respondents to show cause as to why the decision and order of the Chairman of the Labour Court, Khulna passed in Case No, C9 of 1997 (Annexu..

Category: Labour and Industrial Law | Date: | Hits: 108

AKM Abdul Latif Vs. Banani Metal Limited and others, 1998, 27 CLC (HCD)

....f default in making the payment does not arise. The application for winding up of the respondent Company is, accordingly, rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 62. ...... signing this agreement and on expiry of three years both the parties on mutual understanding may extend the time for further period or buy company’s shares of this loan amount and in this case the decision of second party (petitioner) will be final. It is also provided in Clause 5 that the first ..

Category: Company Law | Date: | Hits: 239