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Nurul Huda Miah (Md) Vs. Dhaka Water Supply and Sewerage Authority and others, 1992, 21 CLC (HCD)
.... Employees (Efficiency and Discipline) Rules, 1965 is applicable in the case of the petitioner. Rule 8(1) of the said Rules is as follows: "Where an officer or a servant is proceeded against under clause (a) or clause (b) or clause (c) of Rule 3 and the competent authority has decided that the ca..Category: Employment/Service Law | Date: | Hits: 231
Akramuzzaman Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
.... Judgment KM Hasan J. - These two applications are taken together as the facts and the law points involved in both are same. In Writ Petition No.2736 of 1999 the respondents are asked to show why clause (Ga) of the order dated 21-4-98 issued by respondent Nos.2 and 5 (Annexure-G) should not be d..Category: Others | Date: | Hits: 170
Category: Fiscal/Taxation Law | Date: | Hits: 221
Bangladesh Water Development Board Vs. Zakir Construction and Co. and another, 1995, 24 CLC (HCD)
....n arbitrator, namely, Mr. Maksudur Rahman, a Senior Advocate of the Supreme Court of Bangladesh, as an arbitrator. In such a situation the Court can, in an appropriate case, go beyond the arbitration clause in making its choice and is not bound to confine its choice to the criterion mentioned in an ..Category: Alternative Dispute Resolution | Date: | Hits: 521
State Vs. Abul Howlader, 1995, 24 CLC (HCD)
....e operation of section 300 Penal Code, is reached. This is the stage at which the Court should determine whether the facts proved by the prosecution bring the case within the ambit of any of the four clauses of the definition of ‘murder’ contained in section 300. If the answer to this question i..Category: Criminal Law | Date: | Hits: 97
British Airways Plc. Vs. Bangladesh Air Services Pvt. Ltd., 1996, 25 CLC (HCD)
....t provides for arbitration in case of any dispute arising out of the agreement or any matter or thing related thereto in accordance with, and subject to the provisions of Arbitration Act, 1950. Under clause 3 of the agreement, the agency is liable to termination by 30 days notice on ether side. By a..Category: Alternative Dispute Resolution | Date: | Hits: 304
Estaque Ali Howlader & others Vs. Jahangir Alam Matbar, 1983, 12 CLC (HCD)
....l application lies from the impugned order. It has been pointed out that the appeal before the learned District Judge was against an order returning the plaint and the impugned order was passed under clause (r) of rule 1 of Or. 413 and hence the petitioners, if they were at all aggrieved, could ha..Category: Civil Law | Date: | Hits: 147
Sreemati Hari Rani Basak and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....es which is contained in Part XVI of aforesaid Rules dealing with Enemy Property empowers the Government to promulgate order and prescribe thereby the doing certain acts by custodian as stipulated in clause (a) and (f). 45. In exercise of the power conferred by Sub-Rule (1) of Rule 182 of The Def..Category: Procedural Law | Date: | Hits: 108
Md. Zulfikar Mahmud Vs. National University and others, 2006, 35 CLC (HCD)
....vice and to implement this order as per rules within 30 days from the date of receipt the copy of this Judgment and report compliance. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 51. ..Category: Employment/Service Law | Date: | Hits: 165
Bangladesh Bank Vs. Md. Kasedul Haque Majumder, 2003, 32 CLC (HCD)
....03.00. Despite recurring request the petitioner gave no heed to the said demand, nor did it give any answer to any of the request the opposite party tabled. Because of the existence of an arbitration clause in the agreement, the opposite party through a lawyer, transmitted a notice dated 18.8.91 ask..Category: Alternative Dispute Resolution | Date: | Hits: 218
Md. Aminul Haque Helal Vs. Mr. Justice Sultan Hossain Khan and others, 2006, 35 CLC (HCD)
.... and enforcement of the laws is done by the members of the services of the Republic. Article 55(6) of the constitution for its proper appreciation, has to be read together with and in continuation of clauses (2) and (4) of Article 55. The Rules of Business made by the President under Article 55(6) o..Category: Constitutional Law | Date: | Hits: 228
Dhaka Leather Complex Ltd. BCIC Vs. Sikder Construction Ltd. and another, 2003, 32 CLC (HCD)
.... earlier when there was a dispute between the parties over the claim of respondent for the work done the matter was referred to two Arbitrators appointed by each of the parties as per the arbitration clause in the contract. But the learned Arbitrators could not agree and filed separate awards on 29-..Category: Alternative Dispute Resolution | Date: | Hits: 190
Bangladesh Parjatan Corporation Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)
....ointment dated 15.07.1977. Since the petitioner was a worker, he had his venue before the Labour Court and as such, the writ petition challenging his termination from service was not maintainable. In clause-vi of the letter of appointment of the petitioner, it has been stated that in order to termin..Category: Employment/Service Law | Date: | Hits: 156
Delwar Hossain and others Vs. Janata Bank and others, 2003, 32 CLC (HCD)
....nce by this Court in the exercise of its appellate authority. 6. The question posed now may be broached and answered. 7. Under Order VII, rule 11 of The Code a plaint can be rejected under four clauses which are: (a) where it does not disclose a cause of action; (b) where the relief clai..Category: Procedural Law | Date: | Hits: 84
Md. Siraj alias Md. Sirajul Islam Vs. Ananda Furniture's, 2011, 40 CLC (AD)
....der law, he may file a properly constituted suit. 11. He further contended that the learned Judges failed to consider that the suit is barred by law and the present suit has come under the express clause (d) of Rule 11 of Order 7 of the Code and thereby the impugned judgment and order is liable t..Category: Procedural Law | Date: | Hits: 133
Category: Fiscal/Taxation Law | Date: | Hits: 227
Abul Basher Chowdhury Vs. Mehar Khatun, 1982, 11 CLC (HCD)
....down only one yardstick whether the order or decree of which a review is sought for is appealable under the Code or not; If it is appealable and no appeal has been preferred, the case will fall under clause (a) of section 114; if it is not, the case will fall under clause (b). In the present case no..Category: Procedural Law | Date: | Hits: 119
Shahryar Murshed and others Vs. Principal, Chittagong Medical College and others, 1994, 23 CLC (HCD)
.... qualify it by saying that the expulsion was for life." 15. In the above case observation was made as to what will be the interpretation of the word expulsion if it is not used with qualifying clause 'for life’. The question in the present case is whether the punishment by expulsion 'for e..Category: Others | Date: | Hits: 168
Rezaul Bari (Md.) Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....দের ক্ষেত্রে কমিশন বরাবরে প্রেরণ করিবে।” 7. It appears from the plain reading of the said provision that there is no default clause in the provision. That is, in case of failure of transmitting the FIR to the Durniti Daman Co..Category: Anti-Corruption Laws | Date: | Hits: 142
Asgar Ali Mia and others Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....th effect from the date of which the Revenue-officer so enters on it, vest absolutely in the [Government] free from all encumbrances except the encumbrances on the holding which is extinguished under clause (a) of the said sub-section, but the persons whose interest in the holdings are extinguished ..Category: Property Law | Date: | Hits: 147