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Dhaka Chamber of Commerce and In­dustry Vs. Secretary, Ministry of Works of the Govt. of the People's Republic of Bangla­desh and others, 1986, 15 CLC (HCD)

....ich the authority relies would be ultra vires, crea­ting no enforceable rights and duties in respect of any person. 38. We have examined the provisions of the Trade Organisation Ordinance and the rules made thereunder. It is seen from the preamble that the said Ordinance was promulgated for the ..

Category: Civil Law | Date: | Hits: 162

Humayun Kabir (Md.) Vs. Md. Mozaffar Hossain and others, 1994, 23 CLC (HCD)

....fficer who is alone empowered to recount on the spot either on his own motion or on requests of any candidate. Recounting of ballot papers by the Tribunal is not specifically provided in the election rules, but it falls within the inherent powers of the Tribunal to decide the election dispute". 1..

Category: Election Law | Date: | Hits: 273

Amalendu Majumder Vs. Selimuzzaman, 1986, 15 CLC (HCD)

.... “(1) Election Tribunal shall, upon receipt of an election petition, give no­tice thereof to all the contesting can­didates at the election to which the peti­tion relates. (2) Subject to any rules made in this behalf, the Election Tribunal shall after giving the contesting candidate an oppo..

Category: Election Law | Date: | Hits: 309

Abul Hussain Md. alias Abul Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh and Others, 1991, 20 CLC (HCD)

.... Sharp Vs. Walkafield (1891) AC 173 Lord Halsbury observed. "When it is said that something is to be done within the discretion of the authorities, that something is to be done according to the rules of reason and justice, not according to private opinion. It is to be not arbitrary, vague, fan..

Category: Criminal Law | Date: | Hits: 105

Anwar Ali (Md) Vs. Chairman, Rajdhani Unna­yan Kartipakha (RAJUK) & others, 1991, 20 CLC (HCD)

....t. A compromise was arrived at by which the Dhaka Improvement Trust agreed to accommodate the occupiers running small industries and business at suitable places, so the petitions were not pressed and rules were discharged. The present petitioner's petition was Writ Petition No.361/66 which was dispo..

Category: Property Law | Date: | Hits: 92

Duree Shahwar Begum Vs. Ali Ahmed Patwari, 1995, 24 CLC (HCD)

.... the impugned order and thereby committed an error of law resulting in an error in the decision occasioning failure of justice and, as such, the impugned order is liable to be set aside. Referring to rules 2 and 3 of the Order 37 of the Code of Civil Procedure, the learned Advocate submits that a sp..

Category: Procedural Law | Date: | Hits: 125

Super Oil Refinery Ltd. Vs. Commissioner Customs and others, 2010, 39 CLC (HCD)

....h law as early as possible preferably within 1(one) month from the date of receipt of this judgment and order. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 6; 30 BLD (HCD) (2010) 149. ..

Category: Fiscal/Taxation Law | Date: | Hits: 172

Begum Shirin Akhtar Vs. Bangladesh House Building Finance Corporation and others, 2010, 39 CLC (HCD)

.... No.1-2. SS Sarker, Deputy Attorney-General - For the Opposite Parties. Civil Revision No.941 of 2005 with Civil Revision No.1372 of 2004. Judgment Sharif Uddin Chaklader J.- In these two rules question calls for determination are same whether the loanee judgment debtor could maintain hi..

Category: Civil Law | Date: | Hits: 198

Shamsuddin Ahmed alias Md. Shamsuddin Vs. Managing Director, Bangladesh Mukti Juddha Kallyan Trust and others, 1992, 21 CLC (HCD)

....ce Division against two such posts as per Organogram of the Trust Head Office and as such his service was properly terminated as a surplus personnel and that there is no uniform practice or statutory rules that the junior most officer should be terminated in such cases and so the order was not mala ..

Category: Employment/Service Law | Date: | Hits: 207

Syed Mozammel Huq Vs. People's Republic of Bangladesh represented by Secretary, Ministry of Works and others, 1991, 20 CLC (HCD)

....nd apparently not on the ground of default, in the payment of rent. Rule 3 of the Bangladesh Allocation Rules, 1982 provides as follows: "3. Eligibility.- (1) Subject to the provisions of sub‑rules (2) and (3), all Government servants employed in a Ministry, Division and attached Department ..

Category: Property Law | Date: | Hits: 160

James D. Sarker Vs. Rajshahi Krishi Unnayan Bank, 1992, 21 CLC (HCD)

....K) 117 and it is to the effect that there does not exist right of an appeal in every matter which comes for consideration of the civil Court unless such right of appeal is given by the statute or the rules made thereunder, inasmuch as the right of appeal is a creation of statute. Now, keeping in vie..

Category: Civil Law | Date: | Hits: 169

Abdul Latif Vs. Principal, Residential Model School, Mohammadpur Dhaka and another, 1987, 16 CLC (HCD)

....le 21 (which is the only provision for striking out the plaint or w/s) can be invoked only if there has been an order to answer interrogatories or for discovery of or to inspection of documents under rules 11,12 and 18 or to produce documents under rule 14. It does not apply to cases of non‑compli..

Category: Procedural Law | Date: | Hits: 132

Dr. Md. Shahjahan, Advo­cate Vs. Election Commission and others, 2011, 40 CLC (HCD)

....g infructu­ous. In the result, this Rule on the two counts as mentioned above is discharged however, without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 543. ..

Category: Election Law | Date: | Hits: 231

Mian Abdur Rashid and others Vs. Government of People's Republic of Bangladesh and others, 1986, 15 CLC (HCD)

....controlling shares of Purbachal Jute Mill in terms of the notice dated 27.09.1982. 11. As regards the submission that the notice dated 27th September, 1982 pub­lished in extraordinary Gazette are rules under Article 4 or under Article 24 of the Bangla­desh Industrial Enterprises (Nationalisatio..

Category: Company Law | Date: | Hits: 162

Mrs. Saleha Khatoon Vs. State, 1984, 13 CLC (HCD)

....ent does not appeal to me and for various reasons. A Court is a creature of law and can act only in the manner laid down in law. Abstract notions of justice cannot persuade a Court to act contrary to rules laid down by law. Farther, the responsibility of initiating prosecution is immense. A person w..

Category: Criminal Law | Date: | Hits: 117

Pubali Bank Ltd. Vs. Chairman, 1st Labour Court, Dhaka & others, 1986, 15 CLC (HCD)

....itioner has submitted that the Labour Court has no power and jurisdiction under law to pass an interim order of stay or an order of injunction pending hearing of the case be­fore him under Order 39, rules 1 & 2 or sec­tion 151 C.P.C. inasmuch as that the Labour Court or for the purpose no Cour..

Category: Labour and Industrial Law | Date: | Hits: 147

Bijoy Kumar Shaha Vs. DC, Chuadanga and others, 2002, 31 CLC (HCD)

....ng departmental proceeding and it is not ordinarily interfered with by the Court, yet when the order of suspension is prima facie found to be tinged with malafides and is violative of the established rules and norms and it is oppressive in nature, the Court is certainly competent to strike down such..

Category: Employment/Service Law | Date: | Hits: 194

Advocate Taimur Alam Khandaker Vs. Rajdhani Unnayan Kartipakkha (RAJUK) and others, 2011, 40 CLC (HCD)

....easonable ground to get the final allotment letter now since during relevant period he was in detention in custody and now he is ready to pay the rest installments in accordance with the pre­vailing rules of the respondent. 10. Considering the above circumstances and submissions made by the part..

Category: Property Law | Date: | Hits: 115

Cyma Zarrar Vs. Arab Bangladesh Bank Limited and others, 2010, 39 CLC (HCD)

....t District Judge and Artha Rin Adalat No.3 in Miscellaneous Case No.9 of 2005 are hereby affirmed. There is no order as to costs. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 514. ..

Category: Procedural Law | Date: | Hits: 121

Lila Begum and others Vs. Faruque Meah and another, 2010, 39 CLC (HCD)

....in both the Revisions are hereby recalled and vacated. Send down the LC Record immediately. However, there is no order as to costs. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 507. ..

Category: Property Law | Date: | Hits: 97