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Delwar Hossain Khan (Md.) Vs. Dhaka Club Limited and another, 1995, 24 CLC (HCD)

....ng to contest the next election to be held in November, 1995 for the post of president. The members of the present Executive Committee do not like the idea of the plaintiff to contest the election as independent candidate and thereby elected as a president and, as such, they latched upon a plan to k...... Court, Dhaka in Title Suit No.205 of 1995 is hereby affirmed. The ad interim order of injunction passed earlier is hereby vacated. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 407. ..

Category: Others | Date: | Hits: 154

Baquer Siddiqui (Md.) Jounpuri and another Vs. State and another, 2008, 37 CLC (HCD)

....cient time for retrial when the appeal was disposed of by the High Court Division arid the result of a criminal case does not affect a civil suit in which the Court is free to come to its own finding independent of the result of a criminal case. 16. In view of the position as disclosed above and ......shed. Let a Copy of this judgment he transmitted to the Chief Metropolitan Magistrate, Dhaka for information and necessary action. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 118. ..

Category: Criminal Law | Date: | Hits: 70

Golam Ataher Chowdhury Vs. Administrator of Wakfs & others, 1984, 13 CLC (HCD)

....r as to costs. The impugned judgment and order of the learned District Judge is affirmed. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 56. ......f trust, misappropriation and mismanagement of the Waqf property. The Administrator of Waqfs after hearing both sides and taking into consideration the documents filed by the parties decided that the appointment of any one person as a sole mutwalli would not solve the problem as it is a big waqf est..

Category: Trust/Waqf Law | Date: | Hits: 121

Sharif Uddin and another Vs. Bangladesh & others, 2009, 38 CLC (HCD)

....patra. 25. Be that as it may, for the reasons as discussed in the foregoing paragraphs, we are of the view that the Government should reconsider the matter afresh after an investigation through an independent neutral committee appointed by it considering the following aspects and decide the matte......cality than the site approved by the Government. With the above observations, the rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011)92. ..

Category: Property Law | Date: | Hits: 130

Aung Shwe Prue Chowdhury Vs. Government of the People's Republic of Bangladesh and others, 1997, 26 CLC (HCD)

....order to interfere with the same. In the result, the Rule is discharged without any order as to costs. Order to stay stands vacated. Ed. This Case is also Reported in:49 DLR (HD) (1997) 217. ...... mind and not numerical age which is to be considered and after considering the claims of the petitioner and the respondent No.4 vis‑a‑vis their fitness, age and acceptability Government accorded appointment and recognition in favour of the respondent No.4. Respondent No.4 also stated that the p..

Category: Civil Law | Date: | Hits: 185

Fazal Hossain (Md.) and others Vs. Md. Helal Mia & others, 2009, 38 CLC (HCD)

....rough the rule petition, the impugned judgment and judgment of the trial Court as well. After going through the impugned judg­ment, I find that the learned appellate Judge has framed as many as five independent issues by himself while disposing of the appeal and after proper and meticulous discussi...... same is hereby maintained and upheld. Let copy of the judgment be sent to the Courts below expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 75; 30 BLD (HCD) (2010) 139. ..

Category: Property Law | Date: | Hits: 138

Bangladesh Water Development Board and other Vs. Progati Prakaushali & another, 1996, 25 CLC (HCD)

....the written objection filed by the second party appellant cannot be treated as an application under section 33 of the Arbitration Act inasmuch as an application under section 33 of the said Act is an independent proceeding and that cannot be initiated by a party who wants to raise objection as to th......e Superintending Engineer of the respective circle was to be appointed as the arbitrator and the Superintending Engineer of the respective circle having not been appointed as the Arbitrator, the very appointment of the Arbitrator was illegal and without jurisdiction and the award given by illegally ..

Category: Alternative Dispute Resolution | Date: | Hits: 606

Abul Hossain Azad Vs. Government of Bangladesh & Others, 2005, 34 CLC (HCD)

....clared illegal and passed without any lawful authority. In the result, the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 44. ......mits that in accordance with the regulation 4(I)(a)(II) the elected/nominated members of the Managing Committee in its first meeting shall forward the name of one candidate only to the Government for appointment of its Chairman but the Managing Committee in this case, the learned Advocate submits, i..

Category: Others | Date: | Hits: 181

Rawsan Ara Begum alias Rawshani Vs. State, 2005, 34 CLC (HCD)

....and the appellant so far as an ocular testimony is concerned and the eye witnesses having been disbelieved against the majority of the accused should not be believed against the appellant without any independent corroboration so according to him the learned Judge of the trial Court failed to weigh a......nt who is on bail is discharged from the bail bond. Send down the lower Court records at once for information and necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 29. ..

Category: Criminal Law | Date: | Hits: 142

Serajul Islam Vs. State, 1996, 25 CLC (HCD)

....sub‑section. In this connection he has referred to the provisions of sections 8 and 10 of the Act and has contended that the Government is empowered to extend the period of detention or may pass an independent order of detention for a period of 120 days without referring the matter to any other au......w detained in Dhaka Central Jail be set at liberty at once if not wanted in any other matter. The Rule is accordingly made absolute. Ed. This Case is also Reported in:49 DLR (HD) (1997) 209. ..

Category: Criminal Law | Date: | Hits: 127

State Vs. Abdul Awal, 1983, 12 CLC (HCD)

....blic corporations in con­tradistinction with private corporations set up under Companies Act by the citizens. The State policy is to utilise the principle of corporation. A corpor­ation has its own independent existence distinct from the shareholders or dire­ctors or administrators and has all th...... Let a copy of this Judgment be forwarded to the learned Magistrate wherever he is posted now. Mohammed Habibur Rahman J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 151. ..

Category: Others | Date: | Hits: 163

Nurul Huda Miah (Md) Vs. Dhaka Water Supply and Sewerage Authority and others, 1992, 21 CLC (HCD)

....9.10.1989 the same is discharged. There will be no order as to costs in the Rules considering the facts and circumstances of the cases. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 527.......fication dated 19.7.88 that Mr. Sultan Ahmed was promoted from the rank of Deputy Secretary to the rank of Joint Secretary with effect from that date (Annexure X(3)). It also appears from an order of appointment and transfer of the Government published in the Daily Sangram dated 18.3.92 that Mr. Alâ..

Category: Employment/Service Law | Date: | Hits: 231

Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)

....titioners vide Annexure-Z(3) of the writ petition. Considering the facts and circumstances of the case, we pass no order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 357.......formalities to be observed for making them surplus and completion of the absorption procedure and this letter of respondent No.2 dated 16.1.94 has been annexed as Annexure-G to the Writ petition. The appointment, promotion and deputation section of the Establishment Division accordingly vide a notic..

Category: Employment/Service Law | Date: | Hits: 186

Bangladesh Water Develop­ment Board Vs. Zakir Construction and Co. and another, 1995, 24 CLC (HCD)

....re of justice. In the result, the Rule is discharged without any order as to costs. Send a copy of the order to the Court once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 261. ......other reasons. On 24‑1‑94 opposite party No.1 Zakir Construction & Co. filed an application under section 11 of the Arbitration Act before the learned Subordinate Judge, 3rd Court, Dhaka, for appointment of a new arbitrator in place of Mr. Justice Maksum‑ul‑Hakim and the application was ..

Category: Alternative Dispute Resolution | Date: | Hits: 521

British Airways Plc. Vs. Bangladesh Air Services Pvt. Ltd., 1996, 25 CLC (HCD)

....e, Dhaka, in Arbitration Misc. Case No.368 of 1994/37 of 1994 is set aside. Send a copy of this order to the trial Court at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 249. ...... Air Services Ltd. gave notice of arbitration and nominated Mr. TH Khan, a senior Counsel of the Supreme Court, as arbitrator, but the British Airways at that time did not object to the nomination or appointment of Mr. TH Khan and after expiry of the prescribed period as per provision of Arbitration..

Category: Alternative Dispute Resolution | Date: | Hits: 304

Mst. Fatema Begum and others Vs. AKM Gyasuddin Sarder and others, 2007, 36 CLC (HCD)

....said findings reversed, the finding of the trial Court, for which the impugned Judgment and decree is not a proper Judgment of reversal. He lastly submits that the learned appellate Court without any independent assessment of evidence, and without reversing the reasonings of the trial Court regardin......granted in the rule, and extended subsequently is here by recalled and vacated. Send down the L.C. Record and communicate the order. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 534...

Category: Procedural Law | Date: | Hits: 97

Sreemati Hari Rani Basak and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)

....ed, and, as such, it stands discharged for non-prosecution. No cost. Lower Courts Records are sent down. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 506; 13 BLC (HCD) (2008) 1. ......ed, and, as such, it stands discharged for non-prosecution. No cost. Lower Courts Records are sent down. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 506; 13 BLC (HCD) (2008) 1. ..

Category: Procedural Law | Date: | Hits: 108

State Vs. Raisuddin and others, 1996, 25 CLC (HCD)

....ained on that score alone. Mr. Khan further argued that all the witnesses are interested, partisan and inimical to the interest of the accused and their evidence are without any corroboration from an independent source which cannot be the basis for conviction of the accused appellants. Mr. Khan depl...... liberty forthwith if not wanted in connection with any other case. The jail appeal being Jail Appeal No.1025/992 is also allowed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 517. ..

Category: Criminal Law | Date: | Hits: 104

M. M. Mahboob and others Vs. Sk. Abdur Rashid and others, 2004, 33 CLC (AD)

....ected themselves in making the Rule absolute. In the result, we find substance in the appeal and accordingly, the appeals are allowed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 266. ......% by direct recruitment. PSC in 1975 conducted a vive-voice examination of eligible officers belonging to erstwhile EPCS Class-II Cadre. PSC on 22.9.1975 sent to the government its recommendation for appointment of 270 persons including the appellants to the post of Deputy Magistrate and Deputy Coll..

Category: Employment/Service Law | Date: | Hits: 149

Chief Engineer Roads & Highways Department Vs. Concord Engineers & Construction Ltd., 1996, 25 CLC (HCD)

....bordinate Judge. In this view of the matter, the appeal fails. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 243.......ispute and fixed 25‑6‑91 for filing the statement of claims by the parties and that if no steps were taken by the plaintiff, the matter would be heard ex parte. It is the plaintiffs case that the appointment of Mr. Justice Sultan Hossain Khan as an arbitrator sole arbitrator unilaterally by the ..

Category: Alternative Dispute Resolution | Date: | Hits: 263