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Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)
....tioners 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: 216
....inable.
In the result, the Rule is made absolute without any order as to costs and the orders of the Courts below are set aside.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 19.
...... was added as defendant No.11 in the suit at his instance. Thereafter defendant No.11 filed an application on 23.08.1984 under Order 40, rule 1 read with section 151 of the Civil Procedure Code for appointment of a receiver of the suit property and by an order of even date the learned Munsif all..
Category: Procedural Law | Date: | Hits: 139
Joinal Abedin Jamal and others Vs. Noor Afza, 2010, 39 CLC (HCD)
....nd any merit in this appeal. Hence the appeal is dismissed and the connected Rule is also discharged without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 432. ......9-11-2002, filed an application before the learned District Judge, Dhaka, under section 12(3)(1)(ka) of the Arbitration Act, 2001 (which came into force upon repealing the earlier Act of 1940), for appointment of Arbitrator. 2. The seller appellants, on 19-1-2003, filed written objection agains..Category: Alternative Dispute Resolution | Date: | Hits: 251
Serajul Alam Khan Vs. State, 1992, 21 CLC (HCD)
....eing illegal and improper is of no legal effect. The learned Counsel submits that the satisfaction of the detaining authority has not been derived from the materials on record and exercise of the independent application of mind and might have been influenced by the biased report submitted by the......The Rule is, accordingly, made absolute. Let an advance order be sent to the Superintendent, Comilla Central Jail, Comilla. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 603...Category: Criminal Law | Date: | Hits: 156
Pubali Bank Limited Vs. Monsur Ali Akanda and others, 1990, 29 CLC (HCD)
....for redress of grievances against dismissal, discharge, retrenchment or otherwise removal from service including termination before the Labour Court. 11. After the emergence of Bangladesh as an independent country Bangladesh Banks (Nationalisation) Order, 1972 (Presidents Order No.26 of 1972) ......nd the suits are dismissed as being barred by law. Regard being had to the facts of the case I, however, make no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 589...Category: Labour and Industrial Law | Date: | Hits: 176
State Vs. Abul Kalam Azad, 1995, 22 CLC (HCD)
....a Medical College Hospital and they were in hospital from 6.12.89 to 20.1.90. He denied the suggestion that Abul Kalam came to the house on a visit. He denied that he did not record the statements of independent witnesses under section 161 CrPC. He denied the suggestion that a dacoity was committed ......sed is absconding the sentence of imprisonment shall from the date of his apprehension by the police or surrender before the Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 103. ..Category: Criminal Law | Date: | Hits: 125
Hussain Mohammad Ershad Vs. State, 1995, 24 CLC (HCD)
....been declared as a Court of Sessions by the aforesaid Gazette notification dated 28th August, 1995. Let an advance order be issued. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 95. ......shing the Sessions Judge's Court at the said building at Nazimuddin Road as required under section 9(2) of the Code of Criminal Procedure, (2) that the Sessions Judge has no jurisdiction to limit the appointment of defence lawyers under section 352 of the Code of Criminal Procedure and (3) the learn..Category: Criminal Law | Date: | Hits: 121
Mizan Howlader Vs. Bangladesh, 1995, 24 CLC (HCD)
....es that for dropping the name "Bakergonj" and incorporating the name "Barisal" in the notification the petitioner is aggrieved. The petitioner wants a direction that the Gazette Notification creating independent Division "Barisal Division" should be declared made without any lawful authority and the......stated above, this petition fails and is liable to be rejected. Accordingly, we reject this petition without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 91. ..Category: Constitutional Law | Date: | Hits: 247
Dalia Parveen Vs. Bangladesh Biman Corporation and another, 1995, 24 CLC (HCD)
....n passed without any lawful authority and is of no legal effect. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 132.......eptember 3, 1981 joined the Bangladesh Biman Corporation, hereinafter shall be called the Corporation and on March 2, 1985 she was absorbed on permanent basis as an air Stewardess. At the time of her appointment The Biman Corporation Employees (Service) Regulation, 1979 was in force. On February 5, ..Category: Employment/Service Law | Date: | Hits: 361
.... at Annexure‑D (2) to the writ petition.
In the circumstance of the case, the parties are directed to bear their respective costs.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 121.......ulations,1979 is very material and it runs as follows:
“12. Power to impose penalty.- The power to impose penalty upon a teacher under Regulation 11 shall vest in the authority competent to make appointment; provided that the penalties of dismissal or removal from service shall not be imposed u..
Category: Employment/Service Law | Date: | Hits: 226
Nurul Huda Vs. Bahar Uddin & others, 1989, 18 CLC (HCD)
....se Court he exercises jurisdiction. The Sessions Judge will distribute business among the Assistant Sessions Judges. In order words, the Additional and Assistant Sessions Judges do not have any independent jurisdiction of their own. 37. Sub-section (3) of section 9, it should be next rememb...... cases. It does not cover appeal, revision, review and reference. Referring to the 'deeming' provision, the learned Attorney-General submits that the only thing that is 'deemed' in the proviso is the appointment of the Assistant Sessions Judge as Additional Sessions Judge. Read with the main sub-sec..Category: Criminal Law | Date: | Hits: 158
Al-haj Mirza Shamsuddin Beg and others Vs. Bangladesh & another, 1989, 18 CLC (HCD)
.... But owing to the institution of Writ Petition Nos.160 and 161 of 1971 and pendency of an order of injunction the allottees could not be given the allotted plots. In the meantime the country became independent and some persons disregarding the allotment made by the Dhaka Municipality occupied pl......they should pay the costs in the Rules. In the result all the Rules Nisi are made absolute with costs against the respondent No.2. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 356...Category: Property Law | Date: | Hits: 145
State Vs. Khalilur Rahman, 1995, 24 CLC (HCD)
....ations with the accused party. Therefore, the learned Judge found that P.Ws.3, 5-7 are inter‑related and they had criminal cases and civil cases against the accused persons. He found P.W.8 to be an independent witness although he had litigations with accused Ajufa Bibi but he has relied upon the e......nced him to suffer RI for the period already undergone. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 184. ..Category: Criminal Law | Date: | Hits: 139
Bangladesh General Insurance Co. Ltd. Vs. Chalna Marine Products Co. Ltd., 1999, 28 CLC (HCD)
....n comes the story of the generator. Theft plaintiff has stated that, he put the standby generator into operation immediately on power failure. But there is absolutely, no evidence not to speak of any independent witness that the generator was put into operation on 28-11-88 immediately after the publ......sult, the FA No.129 of 1995 is dismissed without any order as to costs. Send down the lower Court records of both the suits at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 357...Category: Business or Commercial Law | Date: | Hits: 525
State Vs. Manik Bala, 1988, 17 CLC (HCD)
....it will be unsafe to base a conviction for murder on such a confessional statement. A retracted confession is always open to suspicion and cannot be acted upon unless it is corroborated by credible independent evidence. We are, therefore, constrained to hold that the prosecution has not been abl......s acquitted of the charge. Let the condemned prisoner be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 435...Category: Criminal Law | Date: | Hits: 142
Abul Hashem Khan & others Vs. Md. Shamsuddin Khan & others, 1989, 18 CLC (HCD)
....tiffs, the alleged advance of Tk.45,000/- in pursuance of the alleged contract, the alleged tender of the balance consideration money, etc. and we have no reason to disbelieve them. D.W.4 who is an independent witness has consistently proved that M/s. Azad Store was looted before and after the lib......em. In the face of our findings in respect of Ext. W and Z series the application is not maintainable. Accordingly, it is rejected. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 415...Category: Business or Commercial Law | Date: | Hits: 349
Khan Md. Ruhul Amin Vs. Chairman, Labour Court, Khulna and others, 1990, 19 CLC (HCD)
.... case be taken as a bar in that regard. With the above observations this Rule is discharged without, however, any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 347.......g that case it was observed: “It is difficult to accept the above contention of Mr. Khalilur Rahman who pressed referring the said Public Servants (Retirement Act, 1974) because we find from the appointment letter itself that the petitioner was appointed as a teacher in Adamjee High School and ..Category: Labour and Industrial Law | Date: | Hits: 184
Muzaffar Ali and another Vs. Monwara Hospital & others, 1997, 26 CLC (HCD)
....of the defendant-petitioners. Further, Md. Sultan Ahmed has placed reliance on a decision reported in 43 DLR (AD) 107 wherein it has been held that the application for addition of party setting up an independent title to the land disentitle them to be included as parties within the framework work of......lier by this Court on 8-5-95 is hereby vacated and the learned Court below is directed to proceed with the suit in accordance with law. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 341...Category: Procedural Law | Date: | Hits: 121
Bangladesh Vs. Abdul Aziz and others, 2005, 34 CLC (HCD)
....cree is a nullity there remains nothing to proceed with the Execution case No.2 of 1998. Send down the Lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 405.......ct, 1940 appointing Mr. Saifuddin, retired Engineer, PWD, as sole Arbitrator by order dated 6-5-1996 and directed the said Arbitrator to submit the award before 30-7-1996. On receipt of said order of appointment of Arbitratorship, the Arbitrator vide notice dated 12-8-1996 entered into the reference..Category: Alternative Dispute Resolution | Date: | Hits: 291
Serajul Islam and others Vs. State, 1994, 23 CLC (HCD)
....rther submits that the prosecution has failed to prove the manner and the place of occurrence as stated in the First Information report. He also submits that the prosecution has failed to examine any independent or reliable witness through the place of occurrence is a market place called Ragunathpur......acquitted and be set at liberty forthwith, if not wanted in connection with any other Case. Send down the record of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 165. ..Category: Criminal Law | Date: | Hits: 147
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