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Category: Employment/Service Law | Date: | Hits: 155
State Vs. Amin Huda, 2011, 40 CLC (AD)
....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. ......assed by the High Court Division in Criminal Miscellaneous Case Nos. 4678 and 4679 of 2008). Judgment Md. Abdul Wahhab Miah J. - These two appeals having identical facts and common questions of law have been heard together and are being disposed of by this single judgment. 2. These two appe..Category: Criminal Law | Date: | Hits: 112
Government of Bangladesh and others Vs. Excellent Corporation, 2010, 39 CLC (AD)
.... 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. ......ntract there is a provision for arbitration and as writ-petitioner has not exhausted the forum of arbitration, the writ petition is not maintainable. Article 19 of the agreement provided that the laws of Spain will be attracted in giving effect to the agreements, that the draft copy of the agree..Category: Business or Commercial Law | Date: | Hits: 267
Bangladesh and another Vs. Md. Abdul Karim, 2011, 40 CLC (AD)
....e Administrative Appellate 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. ......ondent. 6. In the background of the case as stated hereinbefore, the only point to be decided in this petition for leave to appeal is whether any limitation has been prescribed for in the relevant laws, namely, the Administrative Tribunal Act, 1980 (the Act) and the Administrative Tribunals Rul..Category: Administrative Law | Date: | Hits: 181
Mohiuddin Ahmed and others Vs. Lutfur Rahman and another, 1990, 19 CLC (HCD)
....oners in place of the name of respondent No.1 in respect of the shares which the petitioners had held on 8.3.85 in the above company. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 48. ......espondent No.1 had failed to perform his part of the agreements. The petitioners have categorically stated in their application that in pursuance of the aforesaid two agreements, though in the eye of law one agreement, the petitioners have fulfilled all the terms and conditions and they transferred ..Category: Company Law | Date: | Hits: 159
Syed Mokbul Hossain Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....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. ......n the list of the persons who were not to be allowed to avail the privileges of passport. 8. On the backdrop stated above, it is submitted that the respondents have acted illegally and without any lawful authority in revoking the passport of the petitioner and depriving him from travelling abroad..Category: Constitutional Law | Date: | Hits: 288
Mohammad Mofizuddin Vs. Mohammad Firoj Alam and another, 1991, 20 CLC (HCD)
....of such a power. The Rule is, therefore, made absolute without, however, any order as to costs and the impugned order is set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 36. ......f the suit. He therefore, hold that the suit is not properly constituted. For all these reasons I am of opinion that the suit as framed was not maintainable and the courts below committed an error of law resulting in an error in the decision occasioning failure of justice in decreeing the suit of th..Category: Civil Law | Date: | Hits: 84
Salahuddin Khan and others and others Vs. Md. Abdul Hai Bahar and others, 2011, 40 CLC (AD)
.... 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. ......ssues were framed including the issue of maintainability. 7. Leave was also granted to consider the submissions made by Mr. Nurul Amin that the learned Judges of the High Court Division erred in law in making the Rule absolute inasmuch as it is the settled principle that after framing issues ..Category: Civil Law | Date: | Hits: 86
Amin Mia (Md.) Vs. Nazir Ahmed and another, 2008, 37 CLC (AD)
....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
Sadharan Bima Corporation Vs. Philoship Co. S A, 1990, 19 CLC (HCD)
....of the case as stated above, I find no merit in the present suit and as such it is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 31. ......sponsible for the damage. 7. Mr. Rahim has further referred to 'Admiralty Jurisdiction and Practice of the High Court of Justice' by Edward Stanley Roscoe and submitted that from the above book of law it can be assessed as to the liability of a running vessel causing damage to a vessel in anchor...Category: Admiralty Law or Maritime Law | Date: | Hits: 177
Nurul Islam & others Vs. Noor Mohammad, 1991, 20 CLC (HCD)
....der as to costs. The Court below is directed to dispose of the suits in accordance with law in the light of the observation made above. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 29....... for the opposite party, very candidly concedes to this view. In the result, the Rule is made absolute. No order as to costs. The Court below is directed to dispose of the suits in accordance with law in the light of the observation made above. Ed. This Case is also Reported in: 44 DLR (HCD..Category: Procedural Law | Date: | Hits: 51
Hazerannessa Vs. Nasiruddin Mahmood and others, 1991, 20 CLC (HCD)
....urt to re‑hear the same in accordance with law with utmost expedition. In the result, the Rule is discharged. No order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 28....... and decree of the learned Subordinate Judge. 4. No one appears in opposition to this Rule. 5. Mr. Awlad Ali, the learned Advocate submits that the Court of appeal below committed an error in law in its decision in holding that the suit was heard on merit and the learned trial Court did not ..Category: Procedural Law | Date: | Hits: 79
Bangladesh Mukti Judda Kallyan Trust Vs. Nurul Hossain and others, 1990, 19 CLC (HCD)
....ompliance to the Court of Subordinate Judge concerned within 16 days of the receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 22. ......e property. It is the further case of the Bangladesh Mukti Judda Kallayan Trust that eviction was caused by the Government in exercise of the power under Ordinance 24 of 1970 namely, the provision of law authorizing the Government to take khas possession of the Government khas land by evicting tresp..Category: Property Law | Date: | Hits: 389
Fazle (Md) Rabbi and others Vs. Election Commissioner, 1991, 20 CLC (HCD)
.... seats exclusively reserved for women members of the Parliament. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 14. ......on Commissioner to show cause why the impugned Gazette Notification No.5(122)/91 ‑Election 1/NA dated 10.3.91 (Annexure‑A) issued by the respondent shall not be declared to have been made without lawful authority and to be of no legal effect, The impugned Gazette Notification dated March 10, 199..Category: Constitutional Law | Date: | Hits: 164
Anisul Islam Mahmood and others Vs. Government of Bangladesh, 1991, 20 CLC (HCD)
....hese two rules are made absolute without any order as to costs (the consequence of which is that the said two proceedings are quashed). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 1. ......two writ petitions are disposed of by this judgment as they arise out of cognizance taken by the Special Tribunals under section 7(b) of the Special Powers Act, 1974 and involve the same questions of law, Both the petitioners were Ministers of the Government of Bangladesh and Members of the Parliame..Category: Criminal Law | Date: | Hits: 88
Md. Sharifullah Vs. State, 2011, 40 CLC (HCD)
.... him be discharged from the bail bond. Send down the lower Court records with a copy of this judgment immediately. Gobinda Chardra Tagore J. - I agree. Ed. This Case is also Reported in: ......d after a long delay of date of occurrence the learned Additional Sessions Judge should not have put reliance upon their testimony. The investigation of the case can be said to have been done with a flaw. Finally, he submits about the dying declaration on the basis of which the judgment has been pas..Category: Criminal Law | Date: | Hits: 73
Rajdhani Unnayan Kartipakkhya and others Vs. Dr. AK Shamsul Islam & others, 2003, 32 CLC (AD)
....o barred by 226 and 107 days respectively and the explanation for delay are far from satisfactory. These petitions are dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 129. ...... in writ petition Nos.1046 and 1408 of 1993 absolute declaring the lay out plan No.TP/RLP/I886/FEB-1/91(5) dated 9-2-91 as evidenced by Annexure 'G' to the writ petition to have been made without any lawful authority and is of no legal effect and further directing the petitioners to restore all civi..Category: Property Law | Date: | Hits: 92
Bangladesh Vs. Anisur Rahman and another, 2011, 40 CLC (AD)
....it the concise statement within 25th April, 2011 and 1 (one) week thereafter the respondent shall file the concise statement positively. Ed. This Case is also Reported in: VIII ADC (2011) 383. ...... i. For that the writ petition No.10371 of 2006 having being heard and disposed of without giving effective opportunities of proper representation by the respondents inspite of the fact that the law officer who appeared in the case prayed for adjournment for filing affidavit-in-opposition and p..Category: Property Law | Date: | Hits: 85
Abdus Salam Vs. Hafez Ahmed and others, 2011, 40 CLC (AD)
....h. Preparation of paper book is dispensed vim as prayed for. Parties are directed to maintain status-quo till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 370.......d out the existence of patta dated 10.05.1913. That at the time of R.S. operation the predecessor of the defendant Nos.1-4 Abdul Ali went to Rengun for earning money and he entrusted his brohter-in-law Ali Hossain-the predecessors of the plaintiffs to get the tank recorded in his name, but Ali Hos..Category: Property Law | Date: | Hits: 77
Chairman, BCIC Vs. Anis U Ahmed Tussan, 2011, 40 CLC (AD)
....Court Division rightly dismissed the appeal. In the circumstances this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 93, IX ADC (2012) 181. ......should have been made by the Court on the application of the parties. The learned Counsel has argued that both the Courts below have committed wrong illegality in not rejecting the award holding it unlawful. 6. Mr. Azizul Haque, the learned Advocate appearing for the respondent No.1 read out sect..Category: Alternative Dispute Resolution | Date: | Hits: 182