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Bangladesh Sugar and Food Industries Corporation and others Vs. Md. Shamsuddin Sheikh, 2011, 40 CLC (AD)

.... judgment and order dated 20.05.2010 passed by the High Court Division in Writ Petition No.6790 of 2005 be stayed till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 368....... on 31.03.2004 with malafide intention by virtue of the deci­sion taken on 29.03.2004, without giving any opportunity to the petitioner of show­ing any cause. The petitioner became sick and went to India for treatment having received his gratuity and three months' salary from the office. He sent l..

Category: Employment/Service Law | Date: | Hits: 180

Bangladesh Bank and another Vs. Sukamal Sinha Choudhury and another, 2011, 40 CLC (AD)

....ted earlier be extended till disposal of the appeal. This interim order shall not effect in any way retirement benefit of the respon­dent. Ed. This Case is also Reported in: 9 ADC (2012) 218.......ding that it has a retrospective effect and this retro­spective effect has prejudiced the writ petitioner. Mr. M. Amir-ul Islam has also cited some decisions of the Apex Courts of the Country and of India (as mentioned in the grounds quoted below) in support of his argument. 9. Mr. Aminuddin, th..

Category: Employment/Service Law | Date: | Hits: 211

Government of Bangladesh and others Vs. Md. Salim Reza, 2003, 22 CLC (AD)

....and other benefits to the employees including the respondent. In that view of the matter, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ......reme Court; 60 Hindustan Paper Corpn. Vs. Purendu Chakrobarty, (1996) 11 SCC 404; Oil & Natural Gas Commission Vs. Dr. Md. S. Iskender Ali, (1980) 3 SCC 428; 1980 SCC (L&S) 446; Unit Trust of India Vs. T. Bijaya Kumar, (1992) 5 SLR 855 (SC); Principal, Institute of Postgraduate Medical Educa..

Category: Employment/Service Law | Date: | Hits: 155

Zillul Haq and others Vs. Maloti Bala Dey & others, 1998, 27 CLC (HCD)

.... for his perusal and necessary action. The order of stay earlier granted by this Court stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 367.......that the suit property belonged to three brothers, namely, Binode Bchari Das, Birendra Kumar Das and Bimala Charan Das. It was further contended that Birendra Kumar Das and Bimola Charan Das left for India since before partition in 1947 and became permanent citizens of India and, as such, the suit p..

Category: Property Law | Date: | Hits: 88

Mokthar Masum Abedin and others Vs. Nironjan Kumar Mondol and others, 1997, 26 CLC (HCD)

.... two thousand) only to the plaintiff-opposite- party. Stay granted by this Court at the time of issuance of the Rule stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 341.......ine of lis pendens. But if the proceeding cannot yield any result creating any right in favour of a party to the proceeding, the question of applying the doctrine does not arise. The Supreme Court of India in Nagubai Ammal and others Vs. B Shama Rao and others, AIR 1956 SC 593 ruled: “The effect o..

Category: Procedural Law | Date: | Hits: 74

Santosh Kumar Paul Vs. Nuruddin Ansari, 1993, 22 CLC (HCD)

....ate Court is set aside and that of the trial Court is upheld in part with the above term. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 70.......November 25, 1993. Result: The Appeal is allowed in part. Cases Referred to- Abdul Mannaf Khan and others Vs. Bangladesh and another, 38 DLR (AD) 201; Durga Chowdrain v. Jawahir Singh, 17 Indian Appeal 122 (PC); Administrator of Waqfs and another Vs. Musammat Sahera Begum Chowdhurani and..

Category: Procedural Law | Date: | Hits: 129

Ataur Rahman (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)

....is still in seisin of the matter.   Consequently, the prayer for certificate is rejected.  Ed.  This Case is also Reported in:62 DLR (HCD) (2010) 329; 30 BLD (HCD) (2010) 154. ......bsp; Rule is made absolute.   Cases Referred to-  Secretary, Ministry of Finance Vs. Masdar Hossain, 52 DLR (AD) 82; Association case, AIR 1993 SC 2493; BELA's case, 49 DLR (AD) 1; Indian Supreme Court, AIR 1973 SC 588; State of Maharashtra Vs. Lok Shikshan Sanstha, AIR 1994 SC 23..

Category: Constitutional Law | Date: | Hits: 270

New India Tea Company Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)

....al is accordingly allowed in part, the order of the High Court set aside, and the Writ Petition dismissed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 303.......This Case is also Reported in: 31 DLR (AD) (1979) 303...

Category: Property Law | Date: | Hits: 87

Raju Bala Kuri and others Vs. Narayan Chandra Kuri, 2009, 38 CLC (HCD)

....osts and the order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 126. ......ith. Onnada Sundari allowed Santa Kumar Kuri to live in Plot No.101 constructing a hut there on and Santa Kumar Kuri agreed to leave it on demand. During the war of liberation, Onnada Sunduri went to India with plaintiff No.2 and 4 and died there in refugee Camp. Santa Kumar Kuri was also in India a..

Category: Civil Law | Date: | Hits: 103

Arab Bangladesh Bank Ltd. Vs. Md. Salauddin and others, 2010, 39 CLC (HCD)

.... 2nd Court, Narayanganj is hereby set aside and the plaint of Title Suit No.31 of 2002 is rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 97, 118; 16 BLC (HCD) (2011) 277, 293. ......use. The Law Lords agreed that the ouster clause would not protect a decision from challenging if the authority acted outside its jurisdiction. The appeal was allowed by majority decision. 57. The Indian Supreme Court does not seem to have taken slightest of departure from the view taken by the H..

Category: Civil Law | Date: | Hits: 141

American Bureau of Shipping Vs. Commissioner of Taxes (South) Zone, Chittagong, 1994, 23 CLC (HCD)

....l dispose of these three Reference applications namely, Application Nos. 80, 81 and 82 of 1992. There shall be no order as to costs. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 1. ...... a part should be considered as accruing at the place where the goods are manufactured and a part at the place where they are sold. 18. This is established by the decisions of the Supreme Court of India in CIT Vs. Ahmedbhai Umarbhai & Co. and in Anglo‑French Textile Co. Ltd. case, reported ..

Category: Fiscal/Taxation Law | Date: | Hits: 159

M H Khandker, Advocate Vs. Bangladesh (for­merly Province of East Pakistan) & another, 1977, 6 CLC (AD)

....lt, therefore, is that subject to the observation made above, the appeal is dismis­sed. There shall, however, be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 1. ...... the term 'tenant' may have had in the context of the laws relating to English real property, it has been always understood, when used in relation to the land laws in force in the eastern part of the Indian sub­continent, in the restricted sense of being applicable only in case of agricultural holÂ..

Category: Property Law | Date: | Hits: 114

State Vs. Jahangir Mallik, 2008, 37 CLC (HCD)

....onment for life and pay a fine of Taka 5000 in default to suffer rigorous imprisonment for 6(six) months. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 67. ......head and accordingly accused Jahangir Mallik is convicted under section 302 of the Penal Code. 24. Now as to the sentence in a case under sections 302/34 of the Penal Code, law has been amended in India as per act 2 of 1974 and normal sentence for murder is no longer death in India. In Bangladesh..

Category: Criminal Law | Date: | Hits: 87

Saudi Bangladesh Services Company Ltd. Vs. Saudi Arabian Airlines Corporation, represented by its Country Manager, 2009, 38 CLC (HCD)

....e. Accordingly, the Award dated 8-4-2006 is hereby set aside. There will be no order as to costs. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 20; 14 MLR (HCD) (2009) 441.  ......ustice since judicial acts, by their very nature, are deemed to be amenable to the rules of natural justice. 34. In Dewan Singh Vs. Champat Singh, reported in AIR 1970 SC 967, the Supreme Court of India observed: "The proceedings before the arbitrators are quasi-judicial proceedings. They must..

Category: Alternative Dispute Resolution | Date: | Hits: 385

Nur Mohammed alias Bog Master Vs. State, 1988, 17 CLC (HCD)

.... 15, 1988. Result: The Rule is made absolute. Cases Referred to- Mazulla Vs. The State, PLD 1961 (Pesh) 7; Mrs. C.M. Samsul Vs. Mr. C.M. Samsul and the State, 19 DLR (HC) 428; Mirro Vs. Emperor, AIR 1947 All 97; Emperor Vs. Sami Des, AIR 1926 Lah 375. Lawyers Involved: Akram Hoss......tion and sentence passed against the accused-petitioner is set aside. Let the accused-petitioner be discharged from his bail-bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 301. ..

Category: Criminal Law | Date: | Hits: 92

Chairman, Bangladesh Forest Industries Development Corporation (BFIDC) and another Vs. Md. Hatem Ali and others, 2011, 40 CLC (AD)

....y ground to interfere with the decision of the High Court Division. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 9 ADC (2012) 169. ...... Ali and others………………………………………………..Respondents Judgment June 7, 2011. Result: The appeal is dismissed. Case Referred to- Aluminium Corporation of India Ltd. Vs. Union of India and others, AIR 1975 (SC) 2279. Lawyers Involved: Chowdhury Sanw..

Category: Employment/Service Law | Date: | Hits: 739

Rieta Rahman Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Government of People’s Republic of Bangladesh and others, 1996, 25 CLC (HCD)

....release the detenu forthwith if not wanted in connection with any other case. Let an advance order of release be issued immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 201.......ers of Bangladesh Army at Dhaka and thereafter he was promoted to the rank of temporary Captain in 1975. In April, 1975 the detenu was selected by the Army Head Quarter at Dhaka to attend a course in India along with two other army officers. Accordingly, the detenu left Bangladesh in the first week ..

Category: Criminal Law | Date: | Hits: 76

Dayal Chandra Mondal and others Vs. Assistant Custodian of Vested and Non-Resident Properties (L&B) and Additional Deputy Commissioner (Revenue), Dhaka and others, 1997, 26 CLC (HCD)

....e Court of Munsif, Savar in Dhaka is hereby decreed. There shall be no order as to costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 186.......uit by filing written statements denying the material allegations of the plaint and contended, inter alia, that the recorded tenant Lakshman Mondal left Bangladesh long ago and permanently settled in India as a result of which the suit property has become a vested property by operation of law. It wa..

Category: Property Law | Date: | Hits: 111

Commissioner of Income-Tax Vs. M/S. Jamiluddin Corporation Ltd., Bogra, 1979, 8 CLC (AD)

....mputing the total income to the assessee. In the result, therefore, the appeals are dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 242.......he question as to whe­ther certain income could be said to have accrued to the assessee, is a question of law and, therefore, the reference was validly made. Reliance was placed on a decision of the Indian Supreme Court in Commissioner of Income Tax Vs. Jai Frakash Omprakash Co. Ltd, 1964 P.T.D 586..

Category: Fiscal/Taxation Law | Date: | Hits: 124

University Grants Commission and another Vs. University of Information Technology and Science and another, 2012, 41 CLC (AD)

....ty Grants Commission (respondent No.2)" is stayed for a period of two months from date. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 161; 17 BLC (AD) (2012) 84; 32 BLD (AD) (2012) 169. ......-University was held on 20.07.2009 wherein the Chancellor of the University, the Hon'ble President of the People's Republic of Bangladesh was present. Dr. APJ Abdul Kalam, former Hon'ble President of India was the convocation speaker in that ceremony. Dr. Gowher Rizvi, Adviser to the Prime Minister ..

Category: Others | Date: | Hits: 197