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Executive Engineer, LGED, Rangpur Vs. A Latif & Company Ltd, 2004, 33 CLC (HCD)

....9.60 on account of compensation and interest for cancelling the work order and blacklisting the company. The application was registered as Title Suit No.134 of 1997. 3. In the application, it is stated that on 6‑2-­1995 the plaintiff submitted a tender quoting Taka 85, 98,775.50 for const......d dated 22‑6-­2000 is accordingly set aside. The arbitration agreement now ceases to have any effect. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 656. ..

Category: Arbitration Law | Date: 11 Apr, 2004 | Hits: 3

Agrani Bank, rep. by the Chairman, BoD, & ors. Vs. Khandaker Badrudduza, 2004, 33 CLC (AD)

....r Badrudduza ......................Respondent   Judgment April 6, 2004. Service Matter Punishment- In modifying the order of dismissal in the manner as stated in the judgment of AAT upon importing the concept of proportionality which has no applicatio......ed his guilt, that in one year the respondent remained absent unauthorisedly for  113 days and this indicates the attitude of the respondent and, as such, for proper management of the banking affairs respondent had been rightly and correctly dismissed by the appellant No. 1.  7...

Category: Administrative Law | Date: 6 Apr, 2004 | Hits: 130

Ananda Builders Ltd. Vs. Bangladesh Inland Water Transport Authority and others, 2004, 33 CLC (AD)

....justment of price is undoubtedly not contemplated under the contract between the parties. 9. Clause 2.24 as referred to above is quoted as under: Clause 2.24: Bidding documents shall state either that (i) bid process will be fixed or (ii) that price adjustment will be made to refle...... Court Division do not call for any interference. In the result the appeal is dismissed without any order as to costs. Ed This Case is also Reported in: 57 DLR (AD) (2005) 31. ..

Category: Constitutional Law | Date: 6 Apr, 2004 | Hits: 215

Sec. Min. of Law, Justice & Par. Affairs & ors. Vs. Md. Borhan Uddin and ors., 2004, 33 CLC (AD)

....nd the Assistant Secretary of the Ministry of Law, Justice and Parliamentary Affairs as well as by the added respondents who are facing trial in the aforementioned Sessions Case by reiterating the statements made by respondent Nos. 1 and 2 in their affidavit‑in‑opposition.  ......discussions made hereinabove we find merit in the appeal.        Accordingly, the appeal is allowed. There is no order as to costs. Ed. ..

Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 201

SM Jillur Rahman Vs. Bangladesh and ors., 2004, 33 CLC (AD)

.... by name Billal Hossain, of Titas Gas Transmissions and Distribution Company Limited. It may be mentioned information which was lodged by SM Jillur Rahman on 9‑7‑1992 over the incident stated above a GD Entry was recorded since prior to that already an information was lodged with Tej...... 9. In view of our discussions made hereinabove we find no merit in this appeal.  The appeal, accordingly, is dismissed.  There is no order as to costs.  Ed. ..

Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 259

Shakawat Hassan Vs. State, 2004, 33 CLC (HCD)

....emul Islam Chowdhury J.-This is an application for anticipatory bail under section 498 of the Code of Criminal Procedure. 2. Perused the application and heard the learned Advocate. 3. It is stated in the application that the accused petitioner is not first information report named accused ...... This Case is also Reported in: 57 DLR (2005) 244.                         ..

Category: Criminal Law | Date: 4 Apr, 2004 | Hits: 1

Bangladesh Vs. Md. Amjad Ali Mridha & ors., 2004, 33 CLC (AD)

....on in quashing the proceedings of the special cases. 32. In the background of our discussions made hereinabove we find merit in all these appeals. Accordingly, the appeals are allowed. Ed. ......on in quashing the proceedings of the special cases. 32. In the background of our discussions made hereinabove we find merit in all these appeals. Accordingly, the appeals are allowed. Ed. ..

Category: Anti-Corruption Laws | Date: 30 Mar, 2004 | Hits: 74

Monajjel Hossain Khan Vs. State, 2006, 35 CLC (AD)

....revisional application the High Court Division has not, in any way, committed any illegality warranting interference by this Court. Accordingly, the application for leave to appeal is dismissed. Ed. ......revisional application the High Court Division has not, in any way, committed any illegality warranting interference by this Court. Accordingly, the application for leave to appeal is dismissed. Ed. ..

Category: Criminal Law | Date: 24 Mar, 2004 | Hits: 92

Ershad Ali Sikder (Md) Vs. State, 2004, 33 CLC (AD)

....p; 8. Mr. Abdul Malek, the learned Counsel appearing for the condemned prisoner‑petitioner, submits that this Court has failed to consider the material evidence in the deposition which stated that petitioner assaulted victim Khaled with "Pairan", Trover." and other de......e are in respectful agreement with the aforesaid observation which manifests the correct exposition of law on the subject.  The petition is, accordingly, dismissed.  Ed. ..

Category: Constitutional Law | Date: 22 Mar, 2004 | Hits: 332

Mosharraf Hossain (Md) (Babul) Vs. Bangladesh, 2004, 33 CLC (AD)

...., 1977 (XXVI of 1977), Section 13(1) (d) The matters in Article 9 of the constitution are the policy matters of the Republic for the attainment thereof endeavour shall have to be made by the state to fulfill the same.  Lawyers Involved: TH Khan, Senior Advocate instruct......passed in the light of the resolution which was taken after due compliance of the law as in section 13(3) of the Ordinance.  Accordingly, the petition is dismissed.  Ed. ..

Category: Constitutional Law | Date: 16 Mar, 2004 | Hits: 269

Chittagong City Corporation, represented by its Mayor and 3 others Vs. Md. Afzal Hossain and others, 2004, 33 CLC (HCD)

..... 4. The Rule was opposed on behalf of the respondent No.2, the petitioner first part before the Labour Court, Chittagong by an affidavit-on-­opposition sworn on 30‑7‑2003. 5. It is stated in the said affidavit-in-opposition that the respondent No.2 is a permanent employee of the p...... In the result, the Rule is made absolute with the above observations and directions. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 741.   ..

Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4

Jahangir Alam (Md) alias Zakir Vs. State, 2004, 33 CLC (AD)

.... to 10 (ten) years rigorous imprisonment and to pay a fine of Taka 5,000 in default to suffer rigorous imprisonment for 6 (six) months more. Ed. This Case is also Reported in: 56 DLR (AD) 217. ...... to 10 (ten) years rigorous imprisonment and to pay a fine of Taka 5,000 in default to suffer rigorous imprisonment for 6 (six) months more. Ed. This Case is also Reported in: 56 DLR (AD) 217. ..

Category: Criminal Law | Date: 9 Mar, 2004 | Hits: 93

State Vs. Md. Abu Taber, 2004, 33 CLC (HCD)

....995 was framed against the condemned prisoner on 2‑2‑98. The condemned prisoner has pleaded not guilty and claimed to be tried. The defence case is that, no occurrence took place in the manner as stated by the prosecution. The further defence case is that the victim Shafali Begum has fallen on t......inding on the basis of the evidence to be available with the record. The office is directed to transmit the case record at once. Ed. This Case is also Reported in: 56 DLR (2004) 556. ..

Category: Women and Children | Date: 1 Mar, 2004 | Hits: 164

State Vs. Anjuara Khatun, 2004, 33 CLC (HCD)

....W.5), Saheb Ali (P.W.6). Haji Abdul Dhabak (P.W.7) and Rokeya Khatun (not examined) blurting out that she killed her husband. Anjuara Khatun, also, confessed her guilt by way of judicial confessional statement which was recorded by Md. Bazlur Rahman (P.W.8), Magistrate, First class under section 164......Anjuara Khatoon is sentenced to imprisonment for life. Lower Court’s Record is sent down as early as possible. Ed. This Case is also Reported in: 57 DLR (2005) 277.   ..

Category: Criminal Law, Evidence Law | Date: 17 Feb, 2004 | Hits: 7

State Vs. Nazrul Islam @ Nazrul, 2004, 33 CLC (HCD)

....e, held inquest on the dead body of Shalema, sent the dead body for autopsy, seized alamats from the place of occurrence, arrested the condemned­ prisoner, arranged for recording the confessional statement of the condemned-prisoner and after investigation, having found a prima facie case submitt...... a copy of his judgment for future reference. Send down the lower court records. Ed. This Case is also Reported in: 57 DLR (2005) 289.         ..

Category: Criminal Law, Evidence Law | Date: 20 Jan, 2004 | Hits: 5

Selim Saial Vs. A. Majid Molla and others, 2004, 33 CLC (HCD)

....t be at all defeated on the strength of an unregistered alleged Agreement of re-conveyance faintly colouring it to be a complete usufructuary mortgage. 18. In this context it is profitable to state that right of pre-emption is not an absolute right and the same is subject to any Agreement a...... parties to bear their respective costs of the litigation. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 69. ..

Category: Property Law | Date: 20 Jan, 2004 | Hits: 6

State Vs. Moslemuddin (Md), 2004, 33 CLC (AD)

....ch sanction from proper authority though for prosecution of the accused, a government servant, such sanction was necessary. The High Court found that only reference to such sanction on record is in a statement made by the investigating officer in the charge‑sheet which is quoted in the judgment of......tence is illegal". In view of above position we fined no reason to interfere with the judgment and order passed by the High Court Division and accordingly the appeal is dismissed.   Ed. ..

Category: Anti-Corruption Laws | Date: 19 Jan, 2004 | Hits: 96

State Vs. Bahar Miah, 2004, 33 CLC (HCD)

....ly implicated in the case. His further defence is that the condemned prisoner was not responsible for the cause of death of his wife and that latter killed herself by hanging. 5. Tarab Ali (PW 1) states in-chief: শামীমার লাশ দেখি আশেপাশের লোকজà......he offence for taking necessary steps in accordance with law as per observations made above. The connected appeals are allowed accordingly. Ed. This Case is also Reported in: 56 DLR (2004) 454. ..

Category: Women and Children | Date: 18 Jan, 2004 | Hits: 163

Abdul Bashir alias Bashu Vs. State, 2004, 33 CLC (AD)

....te instructed by Md. Nawab Ali, Advocate-on-record- For the Petitioner. Abdur Rezzaque Khan, Additional Attorney-General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For the Respondent state. Criminal Petition for Leave to Appeal No. 17 of 2003. (From the Judgment and Order da......dge, Mymensingh, to take steps in accordance with law in the light of the judgment passed by the said Court on May 3 1, 1998 in Sessions Case No. 63 of 1996. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: 18 Jan, 2004 | Hits: 98

Abdus Sobhan Mandal (Md) Vs. Md. Jonab Ali Fakir & others, 2005, 34 CLC (AD)

..... We are fully in agreement with the above findings of the high court Division. For all the above reasons, this petition merits no consideration. Accordingly, it is dismissed. Ed. ....... We are fully in agreement with the above findings of the high court Division. For all the above reasons, this petition merits no consideration. Accordingly, it is dismissed. Ed. ..

Category: Civil Law | Date: 18 Jan, 2004 | Hits: 264