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....hrough arbitration expeditiously.
The order of injunction granted earlier by the trial Court is hereby vacated.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 330
......the formation of Tribunal, by law 302 Commencement of Arbitration, by law 303(a) for Appointment of Arbitrators, and by law 303(b) for Revoking the authority of an arbitrator or appeal committee member. By Law 304 for Associations, fees and deposits on account of arbitration fees. By Law 306 Co......rage Pvt. Ltd. Vs. Artha Rin Adalat No. 1, 64 DLR 487; Abdul Quayum Vs. International Finance Investment and Commerce Bank Ltd., 63 DLR 359; Rasheda BegumVs.Nurussafa 24 BLD (AD) 223, 9 BLC (AD) 223; Union of IndiaVs.GM Kokil, 1984 (Supp) SCC 196; Unicol BangladeshVs.Maxwell Engineering Works Ltd., ......hrough arbitration expeditiously.
The order of injunction granted earlier by the trial Court is hereby vacated.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 330
..
Category: Arbitration Law, Civil Law, Procedural Law | Date: 28 May, 2014 | Hits: 7
....No.65 of 1995 in the same Administrative Tribunal. The Administrative Tribunal allowed the said case and directed the opposite parties to absorb him at the scale of Taka 625-1315 in SSAE (Mechanical) post. Later on, CME, West Rajshahi set-aside the previous order and allowed the petitioner, the scal......trative Appellate Tribunal, but for other grounds discussed above. Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 127.
......trative Appellate Tribunal, but for other grounds discussed above. Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 127.
......trative Appellate Tribunal, but for other grounds discussed above. Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 127.
..
Category: Administrative Law | Date: 25 May, 2014 | Hits: 9
Beautiful Bibi Vs. Md. Sydur Rahman, 2014, 43 CLC (HCD)
..... The photocopies of the said deposition and the Exhibits X, X (1) and X (2) attested by the Bench officer shall be retained. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 1 ....... The photocopies of the said deposition and the Exhibits X, X (1) and X (2) attested by the Bench officer shall be retained. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 1 ...... of the evidence on record, the trial Court recorded findings that the marriage was subsisting and that the divorce did not become effective due to non-issuance of any notice to the plaintiff and the Union Parshad Chairman as required by section 7 of the Muslim Family Laws Ordinance, 1961. The trial......s not legally effective as per section 7 of the Muslim Family Ordinance, 1961, because of defendant's failure to comply with the requirement of service of notices upon the plaintiff and the Union Parishad Chairman. Accordingly both the courts below concluded that the marriage has not been d..Category: Women and Children | Date: 19 May, 2014 | Hits: 29
State and another Vs. Abdul Kader @ Mobile Kader and others, 2014, 43 CLC (AD)
....quot; ceased to exist, any statement made by a former conspirator thereafter cannot be regarded as one made "in reference to their common intention". In other words, it was observed, a post-arrest statement made to a police officer, whether it is confession or otherwise, touching the ......atement or confession made by an accused after his arrest to a Magistrate or to any police officer or to any other person disclosing the existence of a conspiracy, its object and the name of its members is not admissible against the other members, jointly tried with him. Things done, said or wr......pected that accused-Mobile Quader, accused-Lawrence and others might have been involved with the killing of deceased-Moulana Abdul Quader. 81. P.W.13, Abdul Quader, is the ex-chairman of Bultali Union under Lauhaganj Upazila. He stated in his examination-in-chief that he went to Medical college...... under sections 302/120B of the Penal Code and he be released from Jail at once, if not wanted, in connection with any other case. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 6. ..Category: Criminal Law | Date: 14 May, 2014 | Hits: 16
Abdul Hamid (Ujir) Vs. State and others, 2014, 43 CLC (HCD)
.... Nirjatan Damon Tribunal, Habigonj is hereby quashed. Send a copy of this judgment to the concerned Court immediately. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 154 ...... Nirjatan Damon Tribunal, Habigonj is hereby quashed. Send a copy of this judgment to the concerned Court immediately. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 154 ......gonj be stayed for a period of 4(four) months from date. 4. The relevant facts of the case are as follows:- One Mst Aklima Begum, daughter df Md Ishrak Uddin of village Latibpur, No. 3 Union Parisad Enatgonj, Police Station Nabigonj, District Habiganj filed a petition of complaint bef...... Nirjatan Damon Tribunal, Habigonj is hereby quashed. Send a copy of this judgment to the concerned Court immediately. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 154 ..Category: Criminal Law, Women and Children | Date: 8 May, 2014 | Hits: 5
Md. Abul Bashar Vs. Government of Bangladesh, 2014, 43 CLC (HCD)
....s a citizen of Bangladesh having requisite qualifications to be appointed as Nikah Registrar. Father of the petitioner was the Nikah Registrar of the said Bhadra Union No.7, who retired from the said post on 01.01.2008. The post of Nikah Registrar thus fell vacant on account of retirement of the pet......sent kind can be held back at a minimal level. The executives need not attain mastery over the vast constitutional and administrative literature nor is it expected of them. It would suffice if they remember two things: first, Bangladesh is a Republic and a representative democracy where rule of law ......pondents to show cause as to why the letter dated 05.12.2012 issued by the Senior Assistant Secretary, Bichar Shakha-7 (Respondent No.2) creating a new jurisdiction of Nikah Registrar in No.7, Bhadra Union Nagarpur, Tangail in violation of Rule 13(Uma) of the Muslim Marriages and Divorces (Registrat......r territorial jurisdictions, where it is so needed, on consideration of all the relevant materials on records. Or conversely, the division might be effected on the requisition made by the local Union Parishad on the basis of a resolution with invitation to the incumbent Nikah Registrar to be present..Category: Administrative Law, Constitutional Law | Date: 4 May, 2014 | Hits: 5
....of sections 36(1), 36(2) of the Ordinance, relevant rules of the Rules, the High Court Division took correct view in the matter as to the right of the writ-petitioner in getting promotion to the post of Deputy Director in BSTI.
In the leave petition though it has been stated in a general w......ion in that respect.
In view of the above, we find no merit in the leave petition.
Accordingly, the same is dismissed.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 138.
......ion in that respect.
In view of the above, we find no merit in the leave petition.
Accordingly, the same is dismissed.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 138.
......ion in that respect.
In view of the above, we find no merit in the leave petition.
Accordingly, the same is dismissed.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 138.
..
Category: Employment/Service Law | Date: 4 May, 2014 | Hits: 7
Ayub Hossain Khan (Md.) Vs. Bangladesh and others, 2014, 43 CLC (AD)
....ons to lend support to the enunciation that rules of natural justice are not always rules of thumb; they are flexible and their applications depend on the setting and the back ground of the postulated statutory provisions, nature of the right and the consequences which may entail its appli......the learned Advocate and his client resorted to clear fraud upon the Court for which they deserve to be reprimanded. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 215. ......Ltd. Vs. East Sussex CC 2003 1 WLR; Supreme Court in MP Sugar Mills Ltd. Vs. UP, AIR 1979 SC 621; Jit Ram Vs. Hariyana AIR 1980 SC 1285; Godfrey Philips, AIR 1986 SC 806; India in Kasinka Trading Vs. Union of India 1995 (1) SCC 274; Collector of Customs Vs. Abdul Hannan 42 DLR (AD) 167; Secretary, I......the learned Advocate and his client resorted to clear fraud upon the Court for which they deserve to be reprimanded. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 215. ..Category: Civil Law, Property Law | Date: 4 May, 2014 | Hits: 20
Sharif Miah Vs. Rina and anothers, 2014, 43 CLC (HCD)
.... such, of this Court. e) After receipt of the report the concerned Doctor will and, as such, be summoned for giving evidence before this Court. Office is directed to send by registered post at once a copies of this order to the Director. DMCH and to the Head of the Forensic Department......r shall also be furnished free of cost to the learned Advocates for both sides. Hearing adjourned till 6-4-2014. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 16 ......r shall also be furnished free of cost to the learned Advocates for both sides. Hearing adjourned till 6-4-2014. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 16 ......r shall also be furnished free of cost to the learned Advocates for both sides. Hearing adjourned till 6-4-2014. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 16 ..Category: Civil Law, Women and Children | Date: 3 May, 2014 | Hits: 5
AZM Tajul Islam vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)
.... Memo dated 9-10-2013 (annexure-H) shall not be declared to have been made without lawful authority and is of no legal effect, and why they shall not be directed to promote the petitioner to the post of Chief Engineer (PWD) on the basis of seniority and/or pass such other or further order or or......und eligible by SSB for promotion to the post of Chief Engineer, PWD, since 5 others including the petitioner hand shortcomings in ACR and 1 other was working on deputation in RAJUK. In addition, the members of the SSB were of opinion that more information was required regarding the satisfactory ser......seniority and experience, on the basis of the ACR within 15 days of receipt of this judgment and order. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 266. ......seniority and experience, on the basis of the ACR within 15 days of receipt of this judgment and order. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 266. ..Category: Administrative Law | Date: 3 Apr, 2014 | Hits: 6
....ooperative Association Limited, Narail (shortly 'UCCA') under Bangladesh Rural Development Board (shortly 'BRDB') by appointment letter dated 10-5-2005 and she was serving in the said post with sincerity and honesty to the satisfaction of the authority concerned and was getting yearl......0 to letter dated 9-12-2010 sent by respondent No.4, the Headmaster of Amada Maddhomik Biddalaya denied issuance of certificate in favour of the petitioner. Respondent No. 4 also formed 3(three) members inquiry committee on 31-1-2012 to inquire regarding the testimonial of the petitioner issued......from April 2011, within 2(two) weeks from the date of receipt of this judgment.
Communicate copies of the judgment at once.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 46.
......from April 2011, within 2(two) weeks from the date of receipt of this judgment.
Communicate copies of the judgment at once.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 46.
..
Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2014 | Hits: 6
Ekramul Haque Balbul Vs. Md. Faiz and others, 2014, 43 CLC (AD)
....um of Lord Russell of Killowen, LCJ in Queen Vs. Gray, (1900) 2 QB 36(5) at page 40 wherein his Lordship observed, "Judges and Courts are alike open to criticism, and if reasonable argument or expostulation is offered against any judicial act, as contrary to law or the public good, no Court cou......ns supporting the judgment of the High Court Division. In addition he submitted that this Court must consider the impact of the impugned reports on society and the administration of justice when members of public read such report and see that a Judge of the Supreme Court was reported to have be......mpugned judgement and order is set aside. Saber Hossain Chowdhury is exonerated from the charge leveled against him. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 208. ......mpugned judgement and order is set aside. Saber Hossain Chowdhury is exonerated from the charge leveled against him. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 208. ..Category: Constitutional Law, Contempt of Court Law | Date: 11 Mar, 2014 | Hits: 16
.... ৩৭.০০.০০০০.০৭১.০২.০১৬.৯২(অংশ-৪)-৭৯৮ dated 13-8-2013 issued by respondent No.1 (Annexure-G) relaxing the period of experience only in the feeder post of Assistant Headmaster/Headmistress by 2(two) years without relaxing the period of experi......;
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 204
......;
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 204
......;
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 204
..
Category: Constitutional Law, Employment/Service Law | Date: 9 Mar, 2014 | Hits: 3
SM Deen Islam Vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)
....9;s Republic of Bangladesh, calling upon the respondents concerned to show cause as to why the impugned Memo No. issued under the signature of respondent No.2, suspending the petitioner from the post of Chairman of Chagladaha Union Parishad, Terokhada, Khulna (Annexure-E) should not be declared......িষদ, তেরখাদা, খুলনা, who had been discharging his duties and functions without any objection from any quarter whatsoever. It has been contended that 6(six) other elected members of Chagladha Union Parishad under Terokhadha Upazila made an allegation to the responde......, calling upon the respondents concerned to show cause as to why the impugned Memo No. issued under the signature of respondent No.2, suspending the petitioner from the post of Chairman of Chagladaha Union Parishad, Terokhada, Khulna (Annexure-E) should not be declared to have been passed without la......ing upon the respondents concerned to show cause as to why the impugned Memo No. issued under the signature of respondent No.2, suspending the petitioner from the post of Chairman of Chagladaha Union Parishad, Terokhada, Khulna (Annexure-E) should not be declared to have been passed without lawful a..Category: Administrative Law, Constitutional Law | Date: 4 Mar, 2014 | Hits: 5
Hafiz Ahmed Mazumder Vs. Pubali Bank Limited, 2014, 43 CLC (HCD)
....gal effect the impugned notice dated 14-8-2013 (Annexure-D) of the Respondent No. 2, i.e. the Office of the Chief Election Commissioners, whereby the nomination of the petitioners, contesting for the post of directors, was declared invalid, as they do not have requisite 2% shareholding in their indi...... with the company's any sponsor or director or shareholder who holds one percent (1%) or more shares of the total paid-up shares of the company on the basis of family relationship. His/her family members also should not hold above mentioned shares in the company: Provided that spouse, son, ......me of admission of this petition is hereby vacated. The parties will bear their respective cost. This Case is also Reported in: 66 DLR (HCD) (2014) 234 ......me of admission of this petition is hereby vacated. The parties will bear their respective cost. This Case is also Reported in: 66 DLR (HCD) (2014) 234 ..Category: Banking Law, Corporate Law | Date: 25 Feb, 2014 | Hits: 9
....pplication, the Court below will consider the same using its own legal discretion without reference to the High Court Division's anticipatory bail order. Anticipatory bails shall not survive post charge-sheet stage………………………&hell......e High Court Division.
The petition for Leave to Appeal is disposed of with the above observations and guidelines.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 92.
......e High Court Division.
The petition for Leave to Appeal is disposed of with the above observations and guidelines.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 92.
......e High Court Division.
The petition for Leave to Appeal is disposed of with the above observations and guidelines.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 92.
..
Category: Anti-Corruption Laws, Criminal Law, Procedural Law | Date: 24 Feb, 2014 | Hits: 52
S.N. Kabir Vs. Fatema Begum and others, 2014, 43 CLC (AD)
...., we do not find any substance in these civil petitions for leave to appeal. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 193. ......, we do not find any substance in these civil petitions for leave to appeal. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 193. ......Supreme Court in the case of Commissioner of Income Tax, Kerala Vs. Tara Agencies reported in (2007) 6 Supreme Court Cases 429 held in paragraph 58 of the report (P 447) as follows: "58. In Union of India Vs. Deoki Nandan Aggarwal, a three Judge Bench of this Court held that it is not the ......, we do not find any substance in these civil petitions for leave to appeal. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 193. ..Category: Property Law | Date: 16 Feb, 2014 | Hits: 19
....ffect.
There is no order as to costs.
Office is directed to communicate the judgment forthwith.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 191
......ned "rule of law" this way:
The authority and influence of law in society, esp. when viewed as a constraint on individual and institutional behaviour; (hence) the principle whereby all members of a society (including those in government) are considered equally subject to publicly dis&......
Result:
The Rule is made absolute.
Case Referred to-
Jibendra Kishore Vs. East Pakistan, 9 DLR (SC) 21; Sheikh Abdus Sabur Vs. Returning Officer, 41 DLR (AD) 30; Maneka Gandhi Vs. Union of India (1978) SCC 248; Ramana Dayaram Shetty Vs. International Airport Authority......ffect.
There is no order as to costs.
Office is directed to communicate the judgment forthwith.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 191
..
Category: Anti-Corruption Laws | Date: 30 Jan, 2014 | Hits: 5
BRAC Bank Ltd Vs. Multimode Ltd, 2013, 42 CLC (HCD)
....t, exhibit-2, wherein clause 11 regarding notice which runs as any notice provided for in this agreement shall be in written and shall be fist transmitted by facsimile transmission and then confirmed postage, prepaid registered mail or by a recognized courier service, in the manner as elected by the......e result, this appeal is dismissed. No costs. Connected Civil Rule No. 395(f) of 2012 is accordingly discharged. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 48 ......্দেশ দেওয়া গেল। ১-৬-২০০৭ ইং তারিখ হইতে প্রতি মাসে বিবাদী ব্যাংক কর্তৃক Western Union হইতে প্রাপ্ত কমিশন হইতে বাদীপক্ষ......e result, this appeal is dismissed. No costs. Connected Civil Rule No. 395(f) of 2012 is accordingly discharged. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 48 ..Category: Contract Law | Date: 12 Dec, 2013 | Hits: 0
Abdul Quader Mollah Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka, 2013, 42 CLC (AD)
.... 29. So after the finality of the judgment, if the jail authority fixes a date for the execution of the sentence in accordance with the orders of the government, the execution of the sentence be postponed till the disposal of the review petition if filed in the meantime. If a review petition is......harge No.1 is in respect of killing of Pallab, a resident of Taltala, Block-B, Section-11, Mirpur and a student of Mirpur Bangla College; charge No.2 was for the murder of poet Meherunnessa and other members of her family; charge No.3 was for the killing of Khandaker Abu Taleb, an imminent journalis...... For the reason stated above, we find no merit in these review petitions. The petitions are accordingly dismissed on merit. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 289. ...... For the reason stated above, we find no merit in these review petitions. The petitions are accordingly dismissed on merit. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 289. ..Category: International Crimes Tribunal Law | Date: 12 Dec, 2013 | Hits: 15
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