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Habibur Rahman Mondal (Md.) and others Vs. State and another, 2010, 39 CLC (HCD)
....en further extended from time to time. 3. The relevant facts for disposal of the Rule are that the Post Master, Head Post Office, Gaibandha, on the instruction of his higher authoriÂty, lodged first information report on 7-4-2005 with the Officer-in-Charge of Gaiban......rk and submit police report as early as possible. Let a copy of the judgment and order be transÂmitted to the Court below without delay Ed. This Case is also Reported in: 63 DLR (2011) 23. ..Category: Criminal Law | Date: | Hits: 101
.... to increase the rate of duty or to penalise" in respect of certain assessment matters. An order of Customs official under this section was appealable to the Collector of Customs or any other officer higher in rank and the appellate order was made final, subject to any revision by the Government. In......o substance in this Rule. The Rule is accordingly, discharged without any order as to costs.
Stay granted by this Court stands vacated.
Ed.
This Case is also Reported in: 55 DLR (2003) 409.
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Category: Procedural Law | Date: | Hits: 124
Abdul Khaleque Vs. Court of Settlement and others, 1991, 20 CLC (HCD)
....lawful authority and the same are of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 273.......lawful authority and the same are of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 273...Category: Property Law | Date: | Hits: 90
Ansarul Hoque Vs. Agrani Bank, 1997, 26 CLC (HCD)
....me grade because if the choice is between Courts of different grades section 15 of the Code of Civil Procedure obliges the plaintiff to choice the Court of the lowest grade. Although the Court of the higher grade is also competent to try the suit the plaintiff cannot in view of section 15 compel tha...... of with a direction to return the plaints to the petitioners or their learned Advocates for presenting the same to the District Court. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 263...Category: Procedural Law | Date: | Hits: 92
Jiban Bima Corporation Vs. Mustafa Hussain & another, 1997, 26 CLC (HCD)
....ction 42 of the Specific Relief Act is a finding of fact to be decided by the Court initially and if the Court proceeds with the suit finding no objection under section 42 of the Specific Relief Act, higher Courts on revision would be very reluctant to interfere, if Court at the first instance had n......ost of Taka 2,000.00. The impugned judgment and decree are affirmed. Let the records of the Courts below be sent down immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 411. ..Category: Employment/Service Law | Date: | Hits: 182
Sazedur Rahman (Md.) Vs. Secretary, Ministry of Establishment, 1998, 27 CLC (HCD)
....ed post shall be made on the recommendation of such Departmental Promotion Committee as the Government may constitute in this behalf: Provided that in the case of promotion from a lower class to a higher class, appointment shall be made on the recommendations of the Commission. (2) A person sh......is discharged without any order as to cost. The operation of this Judgment be stayed for a period of 15 (fifteen) days from today. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 407. ..Category: Administrative Law | Date: | Hits: 326
Chittagong Port AuthoÂrity Vs. Ananda Shipyard and Slipways Ltd., 2010, 39 CLC (HCD)
.... included in the arbitration clause of the agreement. From the above direction it appears that the arbitrators sit in the arbiÂtration not for arbitrate the dispute in the term of agreement but as a higher authority over the parties in agreement. In the instant case, the arbitrators supersede the c...... award hereby set aside. Accordingly award dated 9-3-06 is hereby set aside. The office directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 226. ..Category: Alternative Dispute Resolution | Date: | Hits: 334
Abdul Hye Tafader Vs. Md. Monir Hossain Patwary and others, 2009, 38 CLC (HCD)
....ed. The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 426. ......ed. The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 426. ..Category: Employment/Service Law | Date: | Hits: 158
Hefzur Rahman (Md) Vs. Shamsun Nahar Begum and another, 1995, 24 CLC (HCD)
.... Taka. 1000.00 each per month from the defendant-petitioner Md. Hefzur Rahman till respectively she remarries and he attains majority. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 54. ......ce), there is no blame on you for what they do with themselves. Provided it is reasonable. And God is Exalted in Power, Wise." "For divorced women maintenance (should be provided) on a reasonable (scale). This is a duty on the righteous." "Thus doth God make clear His Signs to you: in order th..Category: Family Law | Date: | Hits: 528
Anwar Hossain Khan Vs. Speaker of Bangladesh Sangsad Bhavan and others, 1994, 23 CLC (HCD)
....ury's case reported in PLD 1963 539, "that the Courts are not above the Constitution and the source of their jurisdiction as well as the constitution itself. I do not seek to claim for the Courts any higher jurisdiction, but I would venture to point out that it is a cardinal principle that in every ...... absentee members of the parliament without leave of the Parliament is recoverable by appropriate authority upon the processes of law. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 42. ..Category: Constitutional Law | Date: | Hits: 344
State Vs. A K M Mohiuddin, 1996, 25 CLC (HCD)
....s signature in blank paper and it is rather surprising that without understanding anything why the said P.W.2 agreed to put his signature in a blank paper and why he did not make any complaint to the higher authority of the bank for obtaining his signature in a blank paper. This P.W.2 Md. Moniruddin......charge levelled against him. He be set at liberty forthwith if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 447. ..Category: Criminal Law | Date: | Hits: 99
Government of BanglaÂdesh and others Vs. Jahangir Alam & others, 2011, 40 CLC (AD)
....facie be the normal, but it may be displaced by evidence that it is regularly departed from in practice. The evidence may show that the contractual retirement age has been superseded by some definite higher age, and, if so, that will have become the normal retiring age." 26. The principle of legi......n law but is just in fact. In the result, all the appeals are dismissed but without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 115; 32 BLD (AD) (2012) 145. ..Category: Employment/Service Law | Date: | Hits: 208
Dr. Kamal Hossain and others Vs. State, 2010, 39 CLC (HCD)
....ur Parties alliance backed Government and did not hesitate to victimise eminent jurists of the country at the instance of the persons who is nothing but a busy body. We must expect specially from the higher police officers, who at least go through the laws and relevant decisions of the Apex Court of......gment be sent to the Ministry of Home Affairs and the Inspector General of Police. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 204; 16 MLR (HCD) (2011) 343; 30 BLD (HCD) (2010) 400. ..Category: Criminal Law | Date: | Hits: 132
Carew and Company (Bangladesh) Limited Vs. Chairman Labour Court and others, 1998, 27 CLC (HCD)
....t further delay. The order of stay granted earlier by this Court hereby stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 396. ......einafter referred to as BSFIC) and Bangladesh Sugar Mills Workers Federation, one of the conditions of that agreement was that Office Assistant, Accounts Assistants and the equivalent who were in the scale of Taka 400-25-525 EB-30-825 in the New National Scale of Pay (MNSP) of 1997 would be allowed ..Category: Labour and Industrial Law | Date: | Hits: 281
MA Bari Vs. Chairman, Bangladesh Water Development Board (BWDB) and others, 1998, 27 CLC (HCD)
....g him from the protocol officer and restituting him to his earlier post as Upper Division Assistant is illegal in view of the terms of appointment dated 13-7-93 having an independent appointment with higher pay scale in the post of higher cadre. It has been further argued that in view of petitionerâ...... decision of the Board. In elaborating his submission, Mr. Majumder has argued that the petitioner having been appointed as a Section Officer (Protocol) on and from 13-7-1993 (vide Annexure-H) with a scale of Taka 2850-5155 with reservation of his seniority as Upper Division Assistant in the origina..Category: Employment/Service Law | Date: | Hits: 184
Major General Moinul Hossain Chowdhury Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
.... it appears that while promotion of an officer on selection basis is made his past records and recommendation for promotion by his superior officer under whom he has lately served, his fitness in the higher rank, the merit, age and seniority of other officers and whether his promotion is clearly in ...... also suffers from inordinate delay. For the above discussion, we reject this petition in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 370. ..Category: Employment/Service Law | Date: | Hits: 244
Nakuleswar Sana Vs. State, 1983, 12 CLC (AD)
....e appellant whose credit balance was only Tk.200/- on that day. He has further contended that no security whatever was offered against the over-draft and that this matter was not also reported to the higher authorities, but it was detected in the course of an inspection by the Regional Manager. This......ed, JJ; I concur with the decision of Shahabuddin Ahmed, J. ORDER OF THE COURT By the majority judgment, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 284...Category: Criminal Law | Date: | Hits: 95
Kazi Asmat Ullah Vs. Belayet Ali Sheikh and others, 2009, 38 CLC (HCD)
.....6 being co-sharer filed the preÂemption case under section 96 of the State Acquisition and Tenancy Act and the preemption was confirmed up to Appellate Court, but said Ataur Rahman did not move the higher Court against the judgment, passed by the Appellate Court. The father of the defendant No.6 g......nt and decree passed by the Court below are set aside. The suit is dismissed. Send down the lower Courts records immediÂately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 173. ..Category: Property Law | Date: | Hits: 123
Sheikh Hasina Wazed alias Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....se to consider the submission made by the learned Advocate for the Anti-Corruption Commission and hold that the fact of particular case may defer from another case but the principle enunciated by the higher Courts will prevail. The decisions as referred by the learned Counsel for the petitioner may ......o.3 of 2008, now pending in the Court of Special Judge, Court No.1, Dhaka be quashed so far as it relates to the accused petitioner. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 162. ..Category: Criminal Law | Date: | Hits: 156
M Saleem Ullah Advocate Vs. Bangladesh, 2004, 33 CLC (HCD)
.... water. We need extremely capable, honest and independent judges, any statesmen, to handle this enormous power of judicial review in the interests of the people". Thus, while appointing judges in the higher judiciary it should be kept in mind the importance and gravity of the said high post and expe......partial election cannot be held under the supervision of the ruling party because of their abuse of power and use of money and muscle. Conspiracy rigging and intimidation was resorted to on a massive scale to win a seat in the Parliament which resulted in the common people losing their interest and ..Category: Constitutional Law | Date: | Hits: 215
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