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Sontosh Kumar Shaha Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....o notice, however, is that Mujibur Rahman's case is not the only case which defines the writ jurisdiction of the High Court Division. We regret to say that the Appellate Tribunal seems to be totally unaware of the settled law that notwithstanding the ouster of jurisdiction of the High Court......s judgment at their end. 72. However, there shall be no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 301. ......istry of Law did not commit any illegality in serving second show cause notice upon the petitioner. Further it has been asserted that the petitioner being a government servant is amenable to the jurisdiction of the article 117 of the Constitution and as such this writ petition is not maintainab..Category: Administrative Law, Constitutional Law | Date: 5 Feb, 2009 | Hits: 2
Subrata Majumder @ Liton Vs. State, 2009, 38 CLC (HCD)
....hishu Nirjatan Daman Tribunal, Bagerhat who however is at liberty to cancel his bail if the privilege of bail is misused by him in future. Ed. This Case is also Reported in: 16 BLC (2011) 828. ......hishu Nirjatan Daman Tribunal, Bagerhat who however is at liberty to cancel his bail if the privilege of bail is misused by him in future. Ed. This Case is also Reported in: 16 BLC (2011) 828. ......hishu Nirjatan Daman Tribunal, Bagerhat who however is at liberty to cancel his bail if the privilege of bail is misused by him in future. Ed. This Case is also Reported in: 16 BLC (2011) 828. ..Category: Women and Children | Date: 5 Feb, 2009 | Hits: 127
Abdul Latif Howlader and others Government of Bangladesh and others, 2009, 38 CLC (HCD)
....e being vacant posts of similar scale available. Let a copy of this judgment and order be transmitted at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 280. ......e being vacant posts of similar scale available. Let a copy of this judgment and order be transmitted at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 280. ......e being vacant posts of similar scale available. Let a copy of this judgment and order be transmitted at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 280. ..Category: Administrative Law, Employment/Service Law | Date: 21 Jan, 2009 | Hits: 1
Dr. Shipra Chaudhury and another Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....rity and in an unlawful manner. 38. There is no order as to costs. I Agree Quamrul Islam Siddiqui J. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 183. ......rity and in an unlawful manner. 38. There is no order as to costs. I Agree Quamrul Islam Siddiqui J. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 183. ......rity and in an unlawful manner. 38. There is no order as to costs. I Agree Quamrul Islam Siddiqui J. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 183. ..Category: Women and Children | Date: 19 Jan, 2009 | Hits: 10
Tashin Ali (Md.) Vs. Md. Shamsul Hoque and others, 2009, 38 CLC (HCD)
.... jote is not been proved. Moreover, the pre-emptee claimed to be co-sharer by inheritance through CS recorded tenant and, as such, the pre-emption does not lie at all against him but the Courts below totally failed to consider the true aspect of the case and allowed the pre-emption most arbitrarily,......ent of the Courts below are hereby affirmed. The order of stay passed earlier is hereby vacated. Send down the LC records. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 220. ......ent of the Courts below are hereby affirmed. The order of stay passed earlier is hereby vacated. Send down the LC records. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 220. ..Category: Property Law | Date: 15 Jan, 2009 | Hits: 38
....pect of possession
until disposal of the aforesaid matter by the learned District Judge.
Send down the record at once.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 141.
......ate, he came to know that on 19-12-84 one Majharul
Islam Chowdhury, predecessor-in-interest of opposite party Nos. 1 to 4
instituted Title Suit No. 405 of 1984, which was dismissed on merit in the
absence of the deity by an order dated 12-11-85. Then, said plaintiff made an
application under Ord......rse, with permission of the Court under Order XXXII, rules 1
and 3 of the Code of Civil Procedure. So, the petitioner did not prefer the
appeal as third party. Law in this regard was settled in our jurisdiction in Prodip
Kumar Chkraborty Vs. Jamila Khatun Bibi, 51 DLR (AD) 156. The Appellate
Div..
Category: Hindu Law | Date: 18 Dec, 2008 | Hits: 22
James Finaly Pic. Chittagong Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)
.... appellant. Subsequently, on 26-6-1985, 16-7-1985 similar claims were made on 5-3-1985 appellant claimed refund of the aforesaid amount of Taka 5, 63,685.31 and further amount of Taka 1, 01,237.50 in total Taka 6, 64,922.46. Long thereafter by impugned letter dated 2-7-1989 appellant was i......the submissions of the learned Advocate for the appellant. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 79. ......the submissions of the learned Advocate for the appellant. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 79. ..Category: Civil Law | Date: 17 Dec, 2008 | Hits: 7
Nazimuddin (Md.) Chairman Vs. Government of Bangladesh, 2008, 37 CLC (HCD)
....t. By summing up his argument the learned Counsel empathically submits that threefold sanctions under the ACC Act and ACC Rules are essential for the continuance of a trial of a person and that being totally absent, the trial of the petitioner continuing before the Special Judge should be declared t...... and discussions as made above, we do not find any merit in this Rule which is accordingly, discharged without any order as to cost. This Case is also Reported in: 61 DLR (HCD) (2009) 81. ......case. Then again Rule 15(4) says that subject to ACC Laws and the Rules, after completion of investigation, if the investigation officer is required to file the charge sheet in the Court of competent jurisdiction, only in that case prior sanction of the Commission is necessary আদালতে অ..Category: Anti-Corruption Laws | Date: 4 Dec, 2008 | Hits: 149
MM Ali Ispahani Vs. MM Ispahani Ltd., 2008, 37 CLC (HCD)
....titioners’ case that the Petitioner No. 1, Mariam Ispahani and Ghamar Ispahani (wife of MAHI) came to be the beneficiaries of 2,000, 3,000 and 12,184 ordinary shares respectively constituting a total of 17,184 ordinary shares in the Company as evident by various share transfer forms executed b......etary had inherent powers to represent the Company, it is submitted by Mr. Imam that there is in law no such inherent powers recognized as exercisable by such functionaries. Therefore, there being an absence of any express delegation of authority to these two functionaries by Powers of Attorney and/...... Trust is being handed back to the learned Advocate for the Respondent Nos. 1 to 6 today. There is no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 206. ..Category: Company Law | Date: 4 Dec, 2008 | Hits: 505
Dewan Joynal Abedin Vs. Husen Ahmed Khan and others, 2008, 37 CLC (HCD)
.... maintainable. I find no merit in this Rule. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 139. ......earing when the appeal was called on for hearing. Haven after showing sufficient cause, if the lower appellate Court does not readmit the appeal, this Court can interfere with the order but in the absence of no materials on record that the petitioner was prevented by sufficient cause from appear......specific remedy by way of an application under Order XLI, rules 19 or 19A of the Code of Civil Procedure for re-admission of the appeal and should not move to the High Court Division in revisional jurisdiction. Where there are specific remedies available to a party under the Code, he cannot chal..Category: Property Law | Date: 2 Dec, 2008 | Hits: 7
Abul Kashem (Md.) Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....ithout any order as to cost. The order of stay granted earlier by this Court is hereby vacated and recalled. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 249. ......ithout any order as to cost. The order of stay granted earlier by this Court is hereby vacated and recalled. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 249. ......, Dhaka and the Chairman, Election Commission, Sonar Bangla Samabai Cotton Mills Ltd. canceling the nomination paper of the petitioners should not be declared to have been passed illegally, without jurisdiction and without lawful authority and is of no legal effect. 3. The facts necessary f..Category: Others | Date: 27 Nov, 2008 | Hits: 4
Kamal Hossain (Md.) alias Md. Kamal Pramanik Vs. State, 2008, 37 CLC (HCD)
....he LC records along with a copy of this judgment to the Tribunal concerned immediately for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 505. ......story, in brief, is that this convict is the nearest relation and neighbors of the informant. So, he had free access at the house of the informant. Informant had an adult unmarried daughter. In the absence of the members of his family, this convict grew intimacy with his daughter and he proposed......he LC records along with a copy of this judgment to the Tribunal concerned immediately for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 505. ..Category: Women and Children | Date: 23 Nov, 2008 | Hits: 7
Mosammat Kazi Shamsunnahar Vs. Md. Ramjan Molla and others, 2008, 37 CLC (HCD)
....s discharged. The judgments and orders of the courts below are hereby affirmed. Send down the lower court records at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 391. ......s discharged. The judgments and orders of the courts below are hereby affirmed. Send down the lower court records at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 391. ......s discharged. The judgments and orders of the courts below are hereby affirmed. Send down the lower court records at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 391. ..Category: Property Law | Date: 20 Nov, 2008 | Hits: 2
Habibur Rahman Molla Vs. State, 2008, 37 CLC (HCD)
....acated. Let a copy of this judgment and order along with the LCR be sent to the concerned Court at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 1, 29 BLD (HCD) (2009) 227. ......acated. Let a copy of this judgment and order along with the LCR be sent to the concerned Court at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 1, 29 BLD (HCD) (2009) 227. ......llenged during course of trial. The instant case is now at that stage the where good number of witnesses have been examined, and cross-examined, as such we do not find any urge to invoke our inherent jurisdiction to quash the proceeding on this count. 25. Now, let us see whether on the face of ..Category: Anti-Corruption Laws | Date: 20 Nov, 2008 | Hits: 157
Abdul Hai (Md.) Vs. Bangladesh and others, 2008, 37 CLC (HCD)
....y his all retirement benefits as he is entitled under the law prevailing up to date. However, there shall be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 485. ......y his all retirement benefits as he is entitled under the law prevailing up to date. However, there shall be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 485. ......orney- General of Bangladesh Mr. Salauddin Ahmed seriously assailed the maintainability of the writ petition against the BDR authority which, according to him, a disciplinary force is immune from the jurisdiction of Article 102 of the Constitution, since Article 120(5) and the provision of Article 4..Category: Employment/Service Law | Date: 18 Nov, 2008 | Hits: 33
Mosammat Setara Begum Vs. Al-Arafah Islami Bank Ltd. and others, 2008, 37 CLC (HCD)
....w. Office is directed to communicate the order at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 480. ......w. Office is directed to communicate the order at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 480. ......w. Office is directed to communicate the order at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 480. ..Category: Civil Law | Date: 11 Nov, 2008 | Hits: 4
....ving promotion to the post of Deputy Director as per provision of Bangladesh Water Development Board (Employees) Service Rules. 1982.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 689.
......ving promotion to the post of Deputy Director as per provision of Bangladesh Water Development Board (Employees) Service Rules. 1982.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 689.
......ving promotion to the post of Deputy Director as per provision of Bangladesh Water Development Board (Employees) Service Rules. 1982.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 689.
..
Category: Employment/Service Law | Date: 9 Nov, 2008 | Hits: 117
Akramuzzaman (Md.) alias Babu Vs. Artha Rin Adalat No. 1 Rajbari and others, 2008, 37 CLC (HCD)
....cate the order at once with a copy of judgment for information and necessary action to all respondents. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 638; 15 MLR (HCD) (2010) 1. ......cate the order at once with a copy of judgment for information and necessary action to all respondents. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 638; 15 MLR (HCD) (2010) 1. ......cate the order at once with a copy of judgment for information and necessary action to all respondents. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 638; 15 MLR (HCD) (2010) 1. ..Category: Civil Law | Date: 5 Nov, 2008 | Hits: 168
Ziad Ali Gazi (Md.) Vs. State, 2008, 37 CLC (HCD)
....7-2008 but the tribunal after hearing rejected the prayer for bail and, as such, he has been constrained to file the instant appeal. The learned Advocate further submits that the accused-appellant is totally innocent and he has been falsely implicated in this case and that the incriminating articles...... satisfaction of the Special Tribunal No. 3, Satkhira before whom the case is pending for trial. Communicate the order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 807. ...... satisfaction of the Special Tribunal No. 3, Satkhira before whom the case is pending for trial. Communicate the order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 807. ..Category: Criminal Law | Date: 28 Oct, 2008 | Hits: 27
....endants in general,
and the defendant Nos. 1 and 2 in particular, submit their Written Statements
positively by 4-1-2009.
Ed.
This Case is also
Reported in: 61 DLR (HCD) (2009) 244. ......nt to the Letters of Guarantee is seen by this
Court to lie against the said defendants and the Suits cannot, therefore, be
completely decided and no effective decree consequentially made in their
absence.
Accordingly, this Court finds no merit in
the Applications.
In the result, the A......be
obtained against the P&I clubs on the Letters of Guarantee. In considering
Ms. Jahan's arguments it has not escaped this Court's attention that not only
have judicial pronouncements in this jurisdiction endorsed and sanctioned the
effect of a guarantee and the consequential obligations of..
Category: Admiralty Law or Maritime Law | Date: 26 Oct, 2008 | Hits: 17
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