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....ving promotion to the post of Deputy Director as per provision of Bangladesh Water Development Board (Employees) Service Rules. 1982.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 689.
...... government has already approved a new modern Service Rules which is going to be commenced soon and, as such, BWDB (Employee) Service Rules. 1982 is no longer valid in its original form, as such, the provisions of Rules 20(2) and 21(b) of BWDB (Employees) Service Rules, 1982 is no more legally enfor..
Category: Employment/Service Law | Date: 9 Nov, 2008 | Hits: 117
Akramuzzaman (Md.) alias Babu Vs. Artha Rin Adalat No. 1 Rajbari and others, 2008, 37 CLC (HCD)
....cate the order at once with a copy of judgment for information and necessary action to all respondents. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 638; 15 MLR (HCD) (2010) 1. ......spondents Judgment November 5, 2008. Result: The Rule is made absolute without any order as to cost. The Artha Rin Adalat Ain, 2003 (Act No. VIII of 2003) Whether the provisions of civil imprisonment under section 34 (2) of the Artha Rin Adalat Ain 2003 is applicable..Category: Civil Law | Date: 5 Nov, 2008 | Hits: 168
....endants in general,
and the defendant Nos. 1 and 2 in particular, submit their Written Statements
positively by 4-1-2009.
Ed.
This Case is also
Reported in: 61 DLR (HCD) (2009) 244. ......ebtor. Ms. Jahan has also submitted that the assumption of such a legal
character and the attendant consequences are not necessarily discordant with a
club's constituent rules and that these latter provisions should not,
therefore, be read as inherently and adversely affecting the character and
..
Category: Admiralty Law or Maritime Law | Date: 26 Oct, 2008 | Hits: 17
Taj Nahar Begum Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....ias Sabid Miah, of Village Miapur, PS Sonaimuri, District Noakhali be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 843. ...... committal proceeding under section 6 of the Act. 12. Admittedly, no committal proceeding has been initiated because of total lack of ignorance of the Ministry of Home Affairs about the relevant provisions of the Act. Although there was no extradition treaty with Kuwait, the Government could ex..Category: Criminal Law | Date: 20 Aug, 2008 | Hits: 20
....or DNA test. The Nari-O-Shishu Nirjatan Case pending in the Court below shall proceed as usual.
Farid Ahmed J.- I agree.
This Case is also Reported in: 61 DLR (HCD) (2009) 371.
......t part of the corpus juris of the State unless these are incorporated in the municipal legislation. However, the court can look into these conventions and covenants as an aid to interpretation of the provisions of the provisions of Part III, particularly to determine the rights implicit in the right..
Category: Women and Children | Date: 14 Aug, 2008 | Hits: 201
....to him under the provision of section
193 of the Companies Act, 1994.
However, there shall be no order as to
cost.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 226.
......of 1994):
"Section
193—Power of Registrar to call for information or explanation.- (1) Where
the Registrar, on perusal of any document which a company is required to submit
to him under the provisions of this Act, or on receipt of a written objection
against any such documents from any me..
Category: Company Law | Date: 12 Aug, 2008 | Hits: 18
Idrisur Rahman (Md) Vs. Bangladesh, 2008, 37 CLC (HCD)
....e involves substantial questions of law as to the interpretation of the Constitution, which may be decided by the Appellate Division. Ed. This Case is also Reported in: 60 DLR (2008) 714. ......Rule came up for hearing/ we issued a notice as contemplated under Order XXVIIA of the Code of Civil Procedure to the Attorney-General to appear and assist the Court in the interpretation of relevant provisions of the Constitution for Appointment of Judges in the Supreme Court of Bangladesh. 3...Category: Constitutional Law | Date: 7 Aug, 2008 | Hits: 236
Mohammad Nasim Vs. State and another, 2008, 37 CLC (HCD)
....od of 4(four) months to the satisfaction of the learned Chief Metropolitan Magistrate, Dhaka. Communicate the order. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 483. ......of law makers is manifested in the express words used in Sub-rule (3) [of Rule 11] having no scope to doubt that such power of granting bail by the appellate court has been taken away by express provisions................................" 13. However, the Appellate Division in the conclud..Category: Criminal Law | Date: 6 Aug, 2008 | Hits: 4
Md. Mafizur Rahman Tutu and others Vs. State, 2008, 37 CLC (HCD)
....ance with law. Office is directed to communicate the order at once. Md. Abdul Quddus J.-I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 78, 29 BLD (HCD) (2009) 30. ...... 22(ga) The offences prescribed under the Narcotics Control Act, 1990 are cognizable offence and therefore, the Police has the wide power to investigate the offences under the Act in view of the provisions laid down in Chapter XIV of Part-V of the Code of Criminal Procedure. Sections 42 ক ক..Category: Criminal Law | Date: 31 Jul, 2008 | Hits: 92
State Vs. Metropolitan Police Commissioner, Khulna and others, 2008, 37 CLC (HCD)
....y the Department of Social Services. With the above observations and directions the Rule is disposed of. Md. Emdadul Huq J. - I agree. This Case is also Reported in: 60 DLR (HCD) 660. ...... guardians lead the child astray, then it is they who are liable and not the child. 13. The Legislature should consider amending the Children Act, 1974 or formulating new laws giving effect to the provisions of the UNCRC, as is the mandate of that Convention upon the signatories. 14. The use o..Category: Women and Children | Date: 22 Jul, 2008 | Hits: 147
Reckitt Benckiser (Bangladesh) Ltd. Vs. Oram Limited, Sale Centre, 2008, 37 CLC (HCD)
.... of the either of the parties. The office is directed to send a copy of this judgment to the court below immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 238. ......ted to see the rapid and quick implementation of the award given by the arbitrators keeping in view the nature of the transaction being commercial. Mr. Amirul Islam further submitted that if the provisions of the Code are allowed to be resorted in an arbitration proceeding then the whole scheme..Category: Alternative Dispute Resolution | Date: 13 Jul, 2008 | Hits: 18
Ahmed Hossain (Md.) and others Vs. Nasima Khatun and another, 2008, 37 CLC (HCD)
..... Accordingly, the accused appellants are discharged from the charge. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 828. ......adesh, 30 DLR 219. Rafiqul Alam Vs. Mostafa Kamal, 42 DLR (AD) 137. 21. In the case of Kamruzzaman Vs. State reported in 1990 BLD (AD) 190 where-in it has been held: "While interpreting the provisions of a General Statute and a Special Statute, legislative intent to bring about harmoniou..Category: Women and Children | Date: 18 Jun, 2008 | Hits: 28
State Vs. Ershad Sheikh, 2008, 37 CLC (HCD)
....vidence recorded by the Tribunal. Send down the lower Court's records with a copy of this judgment for information and compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 183. ......d and accordingly setting aside the judgment and order of conviction and sentence sent the case to the Magistrate having power to take cognizance for proceeding with the case in accordance with the provisions of the Code of Criminal Procedure. 39. In the case of Abdul Kader Vs. State, 11 BLC 66..Category: Women and Children | Date: 17 Jun, 2008 | Hits: 157
AKM Nazimuddin Vs. Md. Delwar Hossain and others, 2008, 37 CLC (HCD)
....ned Senior Assistant Judge, Sadar Court, Noakhali, in hereby affirmed. Send down the lower Court's record immediately. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 868. ......amount along with statutory compensation which is in conformity with the provision of section 96(3)(a) of the State Acquisition and Tenancy Act; (iii) both the Courts below misconceived the provisions of section 96(3)(a) of the State Acquisition and Tenancy Act and rejected the pre-emption..Category: Property Law | Date: 11 Jun, 2008 | Hits: 12
Unilever Bangladesh Ltd. Vs. Chairman, National Board of Revenue and others, 2008, 37 CLC (HCD)
....s manufactured by the petitioner company as mentioned in both the Writ petitions. Communicate this order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 156. ......er, submits that some companies and persons taking advantage of the popularity of the branded goods of the petitioner company are importing the same in violation of the relevant laws including the provisions of section 50 of the Customs Act 1969 and, as such, he prays for a direction upon the re..Category: Fiscal/Taxation Law | Date: 11 Jun, 2008 | Hits: 9
A.B.M. Khaliquzzaman and others Vs. United Commercial Bank Ltd. and others, 2008, 37 CLC (HCD)
....ng up of this Order and to report the compliance thereof within 1(one) week thereafter. There is no order as to costs. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 635. ......terpretation to this two regimes and, (b) to what extent within that general exercise of interpretation and in applying the notion of the precedence and relative application of laws certain of the provisions of one regime can be said to prevail over the other. The exercise so initiated by the ..Category: Company Law | Date: 11 Jun, 2008 | Hits: 43
Haji Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
.... acquire land, (2) video recording of the location of the proposed project. As per provisions of section 15(1) of the Ordinance, an agreement between the acquiring authority and the requiring body is mandatory before issuance of notice under section 3 in respect of the property proposed to be acquir......Mayor, DCC for releasing his .64 acre of land from acquisition proposal. In reply to the application, the DCC stated that the land in question was acquired by respondent No.1 after complying with the provisions of law as evidenced by Annexure-C1 dated 10.4.2008. On query, the petitioner came to know..Category: Property Law | Date: 8 Jun, 2008 | Hits: 11
Tasmima Hossain Vs. Anti-Corruption Commission and others, 2008, 37 CLC (HCD)
.... authority and as such, of no legal effect and accordingly, quashed so far the petitioner is concerned. Communicate at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 1. ......তির স্থাবর-অস্থাবর সম্পত্তি সরকারের অনুকুলে বাজেয়াপ্ত হইবে। 16. Close reading of aforesaid provisions of section 26 and 27 of the ACC Act, 2004 and rule ১৫ঘ (1) and (5) of the EP Rules,..Category: Anti-Corruption Laws, Criminal Law | Date: 8 Jun, 2008 | Hits: 7
Mannan alias Mannan Khan (Md.) Vs. State, 2008, 37 CLC (HCD)
....f the petitioner. Send down the records of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 863. ......gainst the accused. 21. These are all of the evidence on record adduced by the prosecution to prove the charge. 22. At the very outset and for the convenience of understanding relevant provisions of law prescribed in sections 2(e) and 25(1) of the Special Powers Act, 1974 which are ne..Category: Criminal Law | Date: 4 Jun, 2008 | Hits: 2
Md. Emdad Hossain and another Vs. Bangladesh Biman Corporation and others, 2008, 37 CLC (HCD)
....ervice are declared to have been passed without lawful authority having no legal effect. There is no order as to costs. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 461. ......rvice) Regulations, 1990 were promulgated whereby his promotion to the post of Superintending Engineer was blocked. In such a situation, the Appellate Division held as under: "None of the provisions of BADC (Service) Regulation, 1990 is to be read to impose prohibition on the promotion ..Category: Procedural Law | Date: 4 Jun, 2008 | Hits: 7
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