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BD Oil, Gas and Mineral Cooperation (Petro Bangla) Vs. Nuruzzaman Khan Brothers, 1999, 28 CLC (AD)
....inate Judge, that we were about to grant leave to examine the question of interest and to correct that part of the impugned judgment and order relating to interest. Mr. Shafique Ahmed has been very fair enough to suggest that instead of going through the process of an appeal, which will be time-c..Category: Alternative Dispute Resolution | Date: | Hits: 249
Habibur Rahman (Md.) Vs. Government of Bangladesh and ors., 1999, 28 CLC (AD)
....was directed to hand over vacant possession of the aforesaid fish selling stalls on July 1st 1990, on the ground that he did not regularly take delivery of fish from the Corporation to sell it at a fair price to the local consumers and as a result the Corporation had decided to run the selling c..Category: Constitutional Law | Date: | Hits: 158
Mostafizur Rahman Vs. BD, represented by Sec., Min. of Home Affairs & anr, 1999, 28 CLC (AD)
....hury J Mostafizur Rahman...........Appellant Vs. Bangladesh, represented by the Secretary Ministry of Home Affairs and another……. Respondents Judgment ..Category: Constitutional Law | Date: | Hits: 191
Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)
.... law in extinguishing the judicial service. On theory, the Parliament will be free to legislate and the Government will be free to pass an order that members of BCS (Administration) or BCS (Foreign Affairs) will administer the judicial service. Those words therefore cannot ever mean that either the ..Category: Constitutional Law | Date: | Hits: 829
Government of Bangladesh and others Vs. Md. Tajul Islam, 1997, 26 CLC (AD)
....cause has been highlighted when a person is called upon to meet or explain some charges brought against him. 17. In not giving specific facts with particulars in the show cause notice, the rule of fairness which is a part of the principle of natural justice has been offended. It is true that the ..Category: Constitutional Law | Date: | Hits: 192
Dhaka Vegetable Oil Ind. Ltd. Vs. Commissioner of Taxes, Dhk. (North) Zone, Dhaka, 1997, 26 CLC (AD)
....cited the case of L’Office Cherifien Des Phosphates and another vs. Yamashita Steamship Co Lid, (1994) IAC 486 (Hol) (524) submitting that the basis of the rule regarding retrospectivity is fairness. if assessments of 1977-78 to 1979-80 could be made on the basis of the Circular, without ..Category: Fiscal/Taxation Law | Date: | Hits: 120
Shamsul Arafin Khan Vs. Kazal Miah and others, 1997, 26 CLC (AD)
....ved upon the appellant for appearing in the case when the matter was taken up for hearing. 8. This practice of granting relief summarily without issuing any Rule is held to be illegal and unfair by this Division in the case of Abdul Wahab vs. Ali Ahmed reported in 44 DLR (AD) 55. In tha..Category: Others | Date: | Hits: 87
Karnafuli Cotton Mills Ltd. Vs. United Commercial Bank Ltd. and others, 1997, 26 CLC (AD)
....Sen vs. Gouranga Bejoy Das, BLD 1989 (AD) and correctly submitted that granting of reliefs summarily on a revisional application without issuing any Rule on the opposite party is neither legal nor fair and the learned Judges of the High Court Division have committed grave error of lawn passing t..Category: Procedural Law | Date: | Hits: 98
Mohsin Mia Vs. Bangladesh, 1997, 26 CLC (AD)
....ancillary to and in aid of the principal relief and is absolutely necessary for preservation of the subject matter of the dispute pending adjudication by the High Court Division. Mr. Ahmed has been fair enough to submit that no legal right has accrued to the petitioner merely because he has come ..Category: Constitutional Law | Date: | Hits: 149
Resima Sultana Vs. Khaez Ahmed Mojumder, 1997, 26 CLC (AD)
....tion of the decree to be made under the Code of Civil Procedure which was refused on the ground that it was for the decree-holder to choose the procedure for execution of the decree. It will not be fair to say that the defendant was making the same prayer for instalments which was rejected earli..Category: Family Law | Date: | Hits: 144
Government of Bangladesh and another Vs. Mashiur Rahman and others, 1998, 27 CLC (AD)
....’s Order No.16 of 1972. MLR VII of 1982 and Ordinance No. LIV of 1985. 23. It is a cardinal principle of administration of civil justice that the plaintiff is to prove his case fairly to get the decree in his favour. But it appears that the learned Judge in charge of the tria..Category: Property Law | Date: | Hits: 76
Category: Business or Commercial Law | Date: | Hits: 121
Enjaheruddin Mia alias Md. Enjaheruddin Mia Vs. Mohammad Hossain and others, 1998, 27 CLC (AD)
....plaintiff No. 2 petitioner has preferred this petition for leave to appeal from the said judgment of the High Court Division. 6. Mr. Md. Fazlul Karim learned Counsel appearing for the petitioner, fairly and frankly submits that he does not challenge the finding of the lower appellate Court that ..Category: Property Law | Date: | Hits: 93
Nazem Uddin Vs. Election Tribunal & Others, 2001, 30 CLC (AD)
....ts ‘are practically in the nature of filing a fresh election petition on new allegations. The Election Tribunal surely has the power to allow the parties to amend their pleadings if it deems it fair and proper but it has no power to relate back any amendment to the original date of filing the ..Category: Election Law | Date: | Hits: 109
Hosne Ara Begum and another Vs. Islami Bank Bangladesh Limited, 2000, 29 CLC (AD)
.... High Court Division in exercise of Article 109 of the Constitution, the High Court Division was competent in the facts of the case to entertain the revision when the conduct of the plaintiff was not fair. 6. From the facts as has been narrated it is palpably clear that the case was fixed on sev..Category: Business or Commercial Law | Date: | Hits: 148
Syed S.M. Hasan Vs. Bangladesh, 2002, 31 CLC (AD)
....ent December 18, 2002. Cases Referred to- Madras City Wine Merchants' Association V. State of T. N. (1994) 5 SCC 509, Schmidt Vs. Secretary of State for Home Affairs. 1969 2 Chancery 149, Secretary, Ministry of Establishment Vs. Md. Jahangir Hossain, 51 DLR (A..Category: Administrative Law | Date: | Hits: 130
Mashuq Mia @ Iqbal Vs. The State, 2006, 35 CLC (AD)
....g men. They are, therefore, lethal weapons for the purpose of this section." 13. It is to be mentioned here that in this case the conduct of the investigating agency is not fair. It appears that as many as four Investigating Officers including one Assistant Police Co..Category: Criminal Law | Date: | Hits: 95