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Abdur Rahim Vs. Momotaz Begum and others, 2011, 40 CLC (HCD)
....ud is that earlier the defendant No. 4 filed similar application which was rejected by the learned Joint District Judge but challenging the said order the defendant No. 4 did not take any step in the higher forum. Annexure –‘C’ to the revisional application is the certified copy of the applica......rected to proceed with the case in accordance with law. Communicate the order at once. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 96. ..Category: Limitation Law | Date: | Hits: 219
Md. Nazimuddin Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....ides that the application shall have to be filed before Administrative Tribunal within 6 months from the date of making or taking the order, decision or action concerned or making the decision by the higher administrative authority as the case may be and that the petitioner has filed the case before......t the case before the Administrative Tribunal was barred by limitation. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 10. ..Category: Administrative Law | Date: | Hits: 196
Jiban Bima Corporation and another Vs. A.K.M. Harun-Or-Rashid and others, 2011, 40 CLC (AD)
....e said Ideal Life Assurance Company Limited was subsequently placed under the Jiban Bima Corporation where the writ petitioner continued his service for 37 years having received promotion to the next higher post as Senior Assistant vide letter dated 19.6.1978 with effect from 1.6.1977. On 3.1.2002 t...... appeal which is accordingly allowed, without however, any order as to costs. The impugned judgment and order of the High Court Division is hereby set aside. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 58
....ts jurisdiction, is a nullity if it be proved that it was obtained by fraud. It was further held that a lower Court in a suit properly constituted, is certainly competent to set aside a judgment of a higher tribunal if it be proved that such judgment was obtained by fraud; it must a fortiori follow ......Petition No.2551 of 1990 is set aside and consequently the Rule in the said Writ Petition is discharged. There is no order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 502...
Category: Civil Law | Date: | Hits: 87
Principal, Fulbaria College, Mymensingh Vs. Md. Helaluddin and Others, 2010, 39 CLC (AD)
....n 1st November, 1992 on a monthly scale of Tk. 3,200/-. After completion of 8 years in service the college authority on 21st December, 1999 recommended to the writ respondent No.3 for giving him next higher scale of pay. The writ respondent No.2 promoted the writ petitioner to the post of Assistant ......hat the decision for demotion of the writ petitioner by the writ respondents to the post of lecturer from the post of Assistant Professor of Fulbaria College, Mymensingh and degrading his monthly pay scale from Tk. 7,200/- to Tk. 6,150/- to be declared without lawful authority. According to the writ..Category: Employment/Service Law | Date: | Hits: 204
Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....effect from 1.4.48. The petitioner submitted its return for the period from 6.1.1946 to 3.5.1947. There was an amendment of the UP Sales Tax Act by Act No. XXV of 1948 inserting Section 3A by which a higher rate of Sales Tax was authorised and in exercise of the power under the new section 3A the St....... 153. I, therefore, having agreed with the Judgment delivered by BI Chowdhury, J make the Rule absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 423. ..Category: Immigration and Citizenship Law | Date: | Hits: 343
Maulana Motiur Rahman Nizami Vs. State, 2010, 39 CLC (HCD)
....r. Abdur Razzaq further submits that the Supreme Court is a creature of the Constitution whereas the Tribunal is a creature of the Act of 1973 and in this perspective, the Supreme Court stands on a higher plane that the Tribunal and since the High Court Division is an inseparable part of the Supre......re led to hold that the instant petition under section 561A of the Code of Criminal Procedure is incompetent and as such it is rejected in limine. This Case is also Reported in: 16 BLC (2011) 808. ..Category: Criminal Law | Date: | Hits: 103
Helm Dungemittel Gmbh Vs. BCIC and another, 2009, 38 CLC (HCD)
....the breaches of contract by BCIC? vi) Whether the respondent is entitled to get compensation for the loss sustained by the respondent by importing the said quantity of goods from other source at higher price for non-supply of goods by the claimant under the contract? vii) Whether the success......f any order to have been made by this Court in conjunction with the Arbitration Application No.1 of 2007. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 783. ..Category: Alternative Dispute Resolution | Date: | Hits: 172
Bangladesh Vs. Md. Ataur Rahman and others, 2011, 40 CLC (AD)
....nerally. Persons belonging to the Judicial Service are not members of the civil executive services, though they are in the service of the Republic. But it does not mean or imply that they enjoy higher status than that of the persons belonging to the defence services, local Government and civil......il, 2011 and thereafter the respondent shall file the same within 17th April, 2011. The appeal is fixed for hearing on 26th April, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 415. ..Category: Constitutional Law | Date: | Hits: 441
Md. Alimuzzarnan (Reza) and others Vs. Md. Masudar Rahman @ Babul and others, 2010, 39 CLC (HCD)
.... space of 15 days and the difference of price in the two deeds is 41,000/ (Tk. 4,98,000/- -Tk.4,57,000/-) only. The High Court Division failed to consider that as the vendors were allured him to give higher price by the plaintiff, he executed the sale deed in his favour and with a view to justify th......merit in the contention of Mr. Mahmudul Islam. Accordingly, the appeal is allowed without any order as to cost. The suit is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 392. ..Category: Procedural Law | Date: | Hits: 76
Bangladesh Atomic Energy Commission Vs. Md. Al-Amin Sarker and others, 2011, 40 CLC (AD)
....s, engineers and others were also regularized in the revenue budget from the case project and some of those officers were also considered for promotion and in due course they were promoted to the higher posts. 4. That some 81 employees of the BABC filed an application to the authority for rev......ed 6.10.2010 passed by the High Court Division in Writ Petition No. 6308 of 2009 be stayed till disposal of the Appeal. Ed. This Case is also Reported in: VIII ADC (2011) 388. ..Category: Employment/Service Law | Date: | Hits: 81
....e petitioner wanted to start sale from early August and approached the Bank for release of potatoes against deposit of amount paid as loan plus interest. But the Bank arbitrarily fixed an amount much higher which was far above the market price. On 4.8.82, the petitioner addressed a letter to the Man......ed 11.12.88 are without lawful authority and are of no legal effect. The Rule is therefore made absolute without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 407...
Category: Civil Law | Date: | Hits: 99
AKM Mohinus Saleh & others Vs. State, 1992, 21 CLC (HCD)
.... trial has not been held causing immense suffering to the accused petitioners. It is further submitted that Mostafa Anwar, the principal accused (now deceased) was reinstated in the said company with higher salary. Even the Investigating Officer after his retirement worked in the M/S, Prantil Engine...... absolute and the accused petitioners are discharged from their bail bonds. Let the records of the case be sent down expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 386...Category: Criminal Law | Date: | Hits: 80
Md. Abul Hossain Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
.... 25. Married children are generally isolated/removed from their immediate families, taken out of school and denied interaction with their peers and communities. For girls early pregnancy leads to higher risk, including death during delivery, jeopardizing the health of these young mothers and the......ensure that every Nikah Registrar must be satisfied that the bride/groom is major at time of solemnization of marriage. Gobinda Chandra Tagore J.-I agree. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 128
Md. Abdul Halim Vs. Dr. Mohammad Tareque and others, 2011, 40 CLC (HCD)
....ms of clause (vi) in proceedings for contempt of Court arising from an earlier averment unless it is mendaciously false; (viii) relevant observations made in judicial capacity, such as, those by a higher Court on an appeal or revision or application for transfer of a case, or by a Court in judici......er as to cost. The contemnor-respondent Nos.1 to 4 are exonerated from the charge brought against them. Communicate at once. M. Moazzam Husain J. - I agree. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 115
Law Dev (Bangladesh) Vs. Bangladesh and another, 2011, 40 CLC (HCD)
....the holder of the office has no valid title to it, the issue of the Writ of quo warranto ousts him from that office. In other words the procedure of warranto confers jurisdiction and authority on the higher judiciary to control executive actions in making appointments to public offices against the......ptroller and Auditor-General (Additional Functions) Act, 1974 (section 20 (3) of the Act No.13 of 2003). So in this respect, the Comptroller and Auditor-General controls the BERC, though on a limited scale. It is a stunning fact that the respondent No.2 being a former Comptroller and Auditor-General..Category: Employment/Service Law | Date: | Hits: 92
Nikhil Kumar Sarker Vs. Bangladesh, 1991, 20 CLC (HCD)
....sistant Teacher of the said nationalised school is without any lawful authority. The application is, therefore, summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 67. ......sistant Teacher of the said nationalised school is without any lawful authority. The application is, therefore, summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 67. ..Category: Employment/Service Law | Date: | Hits: 82
Syed Mokbul Hossain Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....Shortly, thereafter in the Immigration Lounge, one Police Officer asked him to hand over his passport to him. On receipt of the passport the said Police Officer over telephone talked with some of his higher officers stating, inter alia, that the petitioner had travelled several times abroad and as s......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. ..Category: Constitutional Law | Date: | Hits: 288
Buddhi Sankar Biswas Vs. Akbar Ali Sheikh, 1991, 20 CLC (HCD)
....d no substance in the application under section 115 of the Code of Civil Procedure and in my opinion, there is no scope for reviewing the judgment once delivered by me on merit, particularly when the higher forum was open for the aggrieved party.1, therefore, find no justification in allowing the pr......de of Civil Procedure for rehearing of the Civil Revision Case No.1181 of 1980 is hereby rejected without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 242. ..Category: Property Law | Date: | Hits: 90
Bangladesh Road Transport Corporation Vs. Ashraf Jute Mills Ltd., 1991, 20 CLC (HCD)
....after, the Official Liquidator shall as meet up the claims of the creditors in accordance with law with the permission of this Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 282. ...... c. Work Shop Tk. 83,15,000.00 d. Electric equipment Tk. 60,05,865.00 e. Weighing scale and others Tk. 36,45,000.00 Total ..Category: Company Law | Date: | Hits: 193
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