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Saudi Arabian Airlines Corporation Vs. M/S. Saudi Bangladesh Services Company Limited, 2010, 39 CLC (AD)

.... In such view of the matter we find no substance in this submission that the arbi­tration application was not maintainable for want of deposit. 22. The High Court Division while con­sidering the conduct of the arbitrators and on the question of deliberation held as under:- "Despite having ma..

Category: Alternative Dispute Resolution | Date: | Hits: 207

Khondker Delwar Hossain Vs. Speaker, Bangladesh Jatiyo Shangshad (Parliament), 1998, 27 CLC (HCD)

....luntarily give up his mem­bership of a political party and not for­mally tender his resignation from the membership of that party. Even without formal resignation an inference can be drawn from the conduct of a member that he has voluntarily given up his membership of the political party to which ..

Category: Constitutional Law | Date: | Hits: 171

Secretary, Parliament Secre­tariat, Dhaka Vs. Khandker Delwar Hossain and others, 1999, 27 CLC (AD)

....ding otherwise upon an erroneous construction of the expression 're­sign" appearing in Article 70 of the Constitution. Leave was also granted to consider the further submission that a certain act or conduct does not qualify as "resignation" unless it is a formal renouncement of an office ac­compan..

Category: Constitutional Law | Date: | Hits: 138

Janata Bank Vs. M/S. Natun Pragoti Paribahan Sangstha and oth­ers, 2009, 38 CLC (AD)

....consideration; while other defaulter borrowers, as shown in Annexure-E, having complied with the terms and con­ditions laid down in the aforesaid Circular dated 7.10.91 got benefit of exemption, the conduct of the respondent No.1, being found not bonafide, the Board of the appel­lant, the final au..

Category: Banking Law | Date: | Hits: 98

Government of Bangladesh and others Vs. Md. Aftabuddin (Retired District and Sessions Judge) and another, 2009, 38 CLC (AD)

....trument in line with the Nitimala 2001. 53. Both the appeals are accordingly dismissed without any order as to costs. This Case is also Reported in: 15 MLR (AD) (2009) 41; VII (ADC) (2010) 91. ..

Category: Constitutional Law | Date: | Hits: 207

M. Ali Asgar Vs. M. Muktar Hossain and others, 2008, 37 CLC (AD)

....t the petitioners acted under advice of the Chief Engineer. The petitioners informed the higher authority by a resolution dated 05.03.1998 about an incident dated 25.02.1999 about the complainants conduct and hereby lowered his image to the higher authority. The complainant made a GD with Ramna ..

Category: Criminal Law | Date: | Hits: 116

Moyez Uddin Sikder and others Vs. State, 2007, 36 CLC (HCD)

....bstinate expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. SM Emdadul Hoque, J.- I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 101

Administrator of Waqfs, Bangladesh and other Vs. Shah Mohammad Alinoor & others, 2009, 38 CLC (AD)

....er of stay granted by this Division on 27.2.2007 was in operation, the passing of the above order, exposed the jeal and interest of the wakf administration which was not in con­sonance with expected conduct of a statu­tory body and while the stay matter was pending before the Appellate Division, e..

Category: Trust/Waqf Law | Date: | Hits: 518

Gopal Chandra Vs. Mitali Rani Chandra, 2009, 38 CLC (AD)

....rding to Hindu Law, a Hindu wife is inseparable from her husband and they arc obliged to live together as husband and wife till last day of their life. Any devia­tion of their relationship and conduct due to the behaviour of the husband makes the husband liable to bear the consequences to th..

Category: Criminal Law | Date: | Hits: 75

Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Two

....house of the President and killed him and his family members while other officers and jawans including some appellants remained deployed in other key points. 184. Further regarding previous conduct of the appellants depositions show that P.W.11 recognized Lt. Col. Syed Farooque Rahman, Mo..

Category: Criminal Law | Date: | Hits: 274

Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Three

....move with pain, agony and humiliation seeking justice for decades against Government obstruction under the blanket of black law nor any learned Judge should feel embarrassment beyond their code of conduct to dispense justice being faithful to our oath, out of fear and favour. Such activities of ..

Category: Criminal Law | Date: | Hits: 229

Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Five

.... the Government was under obligation to institute a case, and as they failed to perform the constitutional responsibility, they had certainly violated their oaths that they affirmed. Secondly, the conducts of the succeeding governments in not allowing the law to take its own course even after ki..

Category: Criminal Law | Date: | Hits: 228

State and another Vs. Shahidur Rahman alias Shahid and another, 2009, 38 CLC (AD)

....sment of his evidence and gave the following finding:- "Making conspiracy of killing the deceased in such a manner suffers from inherent infirmity and against the normal human conduct. No doubt secrecy is the essence of criminal conspiracy. It is highly improbable story tha..

Category: Criminal Law | Date: | Hits: 63

Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)

.... declared in Article 94(4) that the Chief Justice and the other Justices of the Supreme Court shall be independent in the exercise of their judicial functions. It therefore naturally follows that the conduct of the Judges of the Supreme Court can not be discussed by the executive government or by th..

Category: Constitutional Law | Date: | Hits: 251

Special Reference No.1 of 2009, 38 CLC (AD)

....on, Page-1024 deals with “seduce” as under:- “Seduce”. The meaning of the word “Seduce” in Oxford English Dictionary is as follows:- “in wider sense: to lead (a person) astrary in conduct or belief; to draw away from the right or intended course of action to or into a wrong one; ..

Category: Constitutional Law | Date: | Hits: 289

Md. Badaruddin Howlader Vs. Kazi A. K. M. Sajahan and others, 2009, 38 CLC (AD)

....ting him to reconsider his let­ter dated 04.07.2007 and justified his non implementation of the Court's order. Therefore we hold that all correspon­dences made by the contemner No.2 and the conduct of the contemner No. 5 in not implementing the Court’s order show that they willfull..

Category: Criminal Law | Date: | Hits: 62

James Finlay PLC and others Vs. Mahi Fish Processing Ltd. and others, 2009, 38 CLC (AD)

....ed that according to section 124 of the Contract Act, 1872 which gives definition of contract of indemnity as, "A Contract for which one party to save the other from loss caused to him by the conduct of the promisor himself or by the conduct of any other person is called contract of indemni..

Category: Business or Commercial Law | Date: | Hits: 178

H.B.M. Iqbal Vs. Md. Shirajul Islam and others, 2009, 38 CLC (AD)

.... under section 233 of the Companies Act, 1994 being Company Matter No.145 of 2005 before the High Court Division seeking necessary orders to (i) direct that the affairs of the petitioner company be conducted bonafide and without any discrimination against the interest of the respondent Nos.1 and ..

Category: Business or Commercial Law | Date: | Hits: 193

Land Acquisition Officer, Pabna & Ors Vs. Al-haj Md. Abdul Latif Biswas & anr, 2007, 36 CLC (AD)

....a reported in 55 DLR (AD) 82 (85) and placed reliance on the part of the judgment relating to waiver and the same runs as: " Waiver is the abandonment of a right and is either express or implied from conduct. A person who is entitled to the benefit of a stipulation in a contract or of a statutory pr..

Category: Alternative Dispute Resolution | Date: | Hits: 249

Samudra Ejazul Haque and others Vs. Farhana Azad and another, 2007, 36 CLC (AD)

....t in opposing the Rule the respondents primarily contended that the writ petitioner leading an immoral life and as such she should not be allowed the custody of the minor children and her previous conduct shows she cannot look after the welfare of the minors and that having been divorced by the ..

Category: Family Law | Date: | Hits: 171