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Syed Wali Mohammad Salehuddin, 1990, 19 CLC (HCD)
.... to Calcutta University to be spent for the advancement of education amongst Hindu females of Bengal. 4. After the partition of Bengal and India in the year 1947 and the creation of Pakistan as an independent State, the Administrator General and Official Trustee, Government of East Pakistan used ......further order as to costs. The assistance given by Mr. Ahmed Nurur Reza and Mr. Saidur Rahman at the time of hearing is appreciated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 268...Category: Trust/Waqf Law | Date: | Hits: 166
Rehana Ahmed and others Vs. Nahar Shipping Lines LimÂited, 1990, 19 CLC (HCD)
....pplication is dismissed, but without any order as to costs. The restrictive orders and undertaking passed and given are hereby vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 256.......ed, petitioner No.4, as Director of the company to fill up the position left vacant by the death of late Md. Ashraf Ahmed. Since 1985 the BSRS has been avoiding on one or other reason the approval of appointment of petitioner No.4, as Director. So, the act of BSRS has seriously prejudiced the intere..Category: Company Law | Date: | Hits: 233
Sazedur Rahman (Md.) Vs. Secretary, Ministry of Establishment, 1998, 27 CLC (HCD)
....is discharged without any order as to cost. The operation of this Judgment be stayed for a period of 15 (fifteen) days from today. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 407. ...... No.2 the Senior Assistant Secretary, (UNI-4), Ministry of Establishment, in which it is stated that pursuant to the recommendation of the Superior Selection Board the Prime Minister has approved the appointment of then as Director of the said department (Annexure. C). 4. It is stated in the peti..Category: Administrative Law | Date: | Hits: 326
....ts in such a case are interdependent in that the agreement upon one part of the bargain may well have promoted agreement as to the rest and so long as they are intended to be effected as separate and independent transactions outright sale followed by reconveyance, they are both legal and provable in......
In the result, the Rule is discharged without any order as to costs. The stay order earlier passed by this Court is hereby vacated.
Ed.
This case is also Reported in: 47 DLR (HCD) (1995) 67.
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Category: Property Law | Date: | Hits: 78
Baharuddin Vs. State, 1993, 22 CLC (HCD)
....e alleged recovery of heroin from the possession of this appellant Baharuddin beyond any shadow of doubt and, in fact, it is very difficult to hold in absence of the evidence of any disinterested and independent witness that the alleged packets of heroin were recovered from the possession of this ap......e be set at liberty at once, if not wanted in connection with any other case. Let the lower Court records be sent down expeditiously. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 61...Category: Criminal Law | Date: | Hits: 81
Chittagong Port AuthoÂrity Vs. Ananda Shipyard and Slipways Ltd., 2010, 39 CLC (HCD)
....nment of Andhra Pradesh reported in 4 SCC (1991) page 93 "A dispute as to jurisdicÂtion error-Award beyond limits of the contract -Arbitrator cannot act arbitrarily, irrationally capriciously or independent of the contract-Award deliberately departing from the contract, apart from constituting ......nder some incapacity; (ii) The arbitration agreement is not valid under the law to which the parties have subjected it; (iii) The party making the application was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable due to some reaÂ..Category: Alternative Dispute Resolution | Date: | Hits: 334
Government of the People's Republic of Bangladesh Vs. Rahima Begum and others, 2008, 37 CLC (HCD)
....e any document. I have examined the depositions of all D.Ws. and in support of maintenance of the property by the defendant-petitioner as vested property do not furnish any corroboration by any other independent witnesses. So, the same are vulnerable to the credibility. Moreover, the evidence in res......irmed. Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 430. ..Category: Property Law | Date: | Hits: 98
Hefzur Rahman (Md) Vs. Shamsun Nahar Begum and another, 1995, 24 CLC (HCD)
....nds. 15. Firstly, the learned Judges in the Privy Council were non‑muslims and they were anxious to decide such issues in accordance with the laws as propounded by the Muslim jurists rather than independently disregarding the Muslim jurists. 16. Secondly, Article 8(1A) of the ConstituÂtion ...... Taka. 1000.00 each per month from the defendant-petitioner Md. Hefzur Rahman till respectively she remarries and he attains majority. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 54. ..Category: Family Law | Date: | Hits: 528
Ekram Ali Fakir and three others Vs. Abdus Samad Biswas, 1994, 23 CLC (HCD)
....3. Perused the impugned judgment of the learned Additional Sessions Judge. It appears that the learned Additional Sessions Judge sitting on appeal did not apply his mind at all in order to come to an independent decision regarding the merit of the appeal. He started his judgment in English and after......f the Court of appeal below. Let a copy of this order be sent to the Sessions Judge, Jessore, for information and necessary action. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 53. ..Category: Criminal Law | Date: | Hits: 85
Anwar Hossain Khan Vs. Speaker of Bangladesh Sangsad Bhavan and others, 1994, 23 CLC (HCD)
.... absentee members of the parliament without leave of the Parliament is recoverable by appropriate authority upon the processes of law. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 42. ......ying a written constituÂtion is that it not only specifies the persons or authorities in whom the sovereign powers of the State are to be vested but also laid down fundamental rules for selection or appointment of such persons of authorities and, above all, fixes the limits of the exercise of those..Category: Constitutional Law | Date: | Hits: 344
Prof. Nurul Amin Bepari Vs. Vice-Chancellor & others, 1998, 27 CLC (HCD)
.... For the reasons stated above the Rule is liable to be discharged. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 405....... Judgment AM Mahmudur Rahman J. - The petitioner obtained this Rule calling upon the respondents to show cause as to why resolution dated 12-11-96 constituting Selection Boards for recommending appointment of Assistant Professors and Lecturers of the University of Dhaka in various subjects sho..Category: Employment/Service Law | Date: | Hits: 228
Government of BanglaÂdesh and others Vs. Jahangir Alam & others, 2011, 40 CLC (AD)
....n law but is just in fact. In the result, all the appeals are dismissed but without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 115; 32 BLD (AD) (2012) 145. ......have been in existence for 5/10 years or more, should be done with effect from the date the posts were created and the employees should be absorbed against the post with effect from the date of their appointment. In absorbing the employees the persons who have the longest period of service and are r..Category: Employment/Service Law | Date: | Hits: 208
Mahmudul Huq Vs. Mst Golap Bia & others, 1988, 17 CLC (HCD)
....ubmitted that the suit was barred by limitation as it was not filed within 3 years from the date of knowledge of the plaintiff and the lower appellate Court in not deciding the question of limitation independently the judgment of the lower appellate Court is violative of the provision of Order 41, R......cussions above, I do not find any substance in this appeal. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 314. ..Category: Property Law | Date: | Hits: 86
Gadu Mia & others Vs. State, 1991, 20 CLC (HCD)
....after the occurrence. It is well‑settled that there is no absolute rule of law or even a rule of prudence which has ripened into a rule of law, that a dying declaration unless corroborated by other independent evidence, is not fit to be acted upon and made the basis of a conviction. In this connec......ted from the charge levelled against them and they shall be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 246. ..Category: Criminal Law | Date: | Hits: 106
State Vs. Dr. Md. Nurul Islam, 2011, 40 CLC (HCD)
.... appearing for the condemned prisoner-appellant and other-appellants submits that the prosecution could not prove it’s case beyond all reasonable doubts by adducing sufficient reliable evidence and independent witnesses. Mr. Islam has further submitted that the prosecution withheld some important ...... a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 104
Abdur Rahman Molla Vs. State, 1998, 27 CLC (HCD)
.... of anything to show in support of the same. In the case of Atikullah Khan Masud Vs. State reported in 15 BLD (AD) 14 it has been observed that contention of the appellant that the Magistrate was not independent in the exercise of judicial function was not correct. 9. We have already noticed that......ch Deputy Commissioner, Narail is directed to take steps for his arrest. Communicate the order to the Deputy Commissioner, Narail. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 403. ..Category: Criminal Law | Date: | Hits: 93
Bangladesh Vs. Dr. Nasiruddin, 1983, 12 CLC (AD)
....etirement of a person in the service, if the order of terminaÂtion is made before the 1st July, 1959. This provision is a part of a supra constitutional law (Continuance in Force) Order, 1959. It is independent of any other law and has an overriding effect as its says; "nothing in this article or i......this appeal is alloÂwed and the judgment and order of the Courts below are set aside and the plaintiff's suit is dismissed. No costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 359. ..Category: Employment/Service Law | Date: | Hits: 196
....iÂsions cannot be avoided or bypassed by saying that it is not a case of subdivision but it is 'separation and amalgamation'. An undivided share in a joint tenancy cannot be amalgaÂmated with other independent holdings of a co-sharer without first getting his undivided share separated from the joi......ge and that of the High Court Division are set aside and the judgment of the trial Court restored. There will be no order as to costs.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 338.
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Category: Property Law | Date: | Hits: 128
MA Bari Vs. Chairman, Bangladesh Water Development Board (BWDB) and others, 1998, 27 CLC (HCD)
....d order dated 1-4-95 relieving him from the protocol officer and restituting him to his earlier post as Upper Division Assistant is illegal in view of the terms of appointment dated 13-7-93 having an independent appointment with higher pay scale in the post of higher cadre. It has been further argue......pment Board), Dhaka to the post of Upper Division Assistant. 4. Mr. Abdul Baset Majumder, the learned Advocate appearing for the petitioner firstly submits that admittedly the petitioner was given appointment, in the post of Section Officer (Protocol) in pursuance of the option and on the basis o..Category: Employment/Service Law | Date: | Hits: 184
Major General Moinul Hossain Chowdhury Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
.... also suffers from inordinate delay. For the above discussion, we reject this petition in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 370. ......he Bangladesh Cadet Colleges. 4. The petitioner while holding the post of Major General having been promoted on 8-8-80 his service was placed at the disposal of the Ministry of Foreign Affairs for appointment as Ambassador after assassination of President Ziaur Rahman. The petitioner although got..Category: Employment/Service Law | Date: | Hits: 244
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