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Government of Bangladesh and others Vs. Abul Hashem Khan, 2009, 38 CLC (AD)
.... created/set up specially only to review the pending review applications when M.L.O. No.9 of 1982 was revoked in respect of order passed under the Martial Law Regulation No.9 of 1982 and thus, a very independent and special forum was created for the purpose under para-1A of the MLO No.9 of 1982, the...... is set aside. The case is, thus, dismissed. In the result, this appeal is, accordingly, allowed without any other as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 271. ..Category: Administrative Law | Date: | Hits: 160
Dr. Kazi Mozammel Hoque Vs. State, 1992, 21 CLC (HCD)
....complexion of the custody of a guardian. It has an objective different from confinement or placing restriction on his or her movement. It is for giving a chance to the minor to develop his or her own independent opinion, free from external pressure. As we have already said this is a discretion inher......s concerned in the case. In the result, the rule is discharged. Let this order be communicated to the trial Court for information. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 197. ..Category: Criminal Law | Date: | Hits: 80
Philips Electrical Company Ltd. Vs. Commissioner of Taxes (South) Zone, Dhaka, 1992, 21 CLC (HCD)
....oner of Taxes had no jurisdiction to assess the assessee for the income of the previous year ending on 31.12.1970. The Appellate Joint Commissioner of Taxes held that as Bangladesh was declared as an independent state on March 26, 1971 and section 1, The Income Tax Act, 1922, was made to apply on an...... answer the questions referred to us in the negative and against the Revenue. Parties are to bear their respective costs although. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 190. ..Category: Fiscal/Taxation Law | Date: | Hits: 109
Shahidul @ Buidda and others Vs. Mrs. Anwara Begum and others, 2010, 39 CLC (AD)
....s. 6. The High Court Division while interfering with the order of the learned Additional Sessions Judge noticed that the learned Additional Sessions Judge allowed the application without forming independent opinion on consideration of the materials on record, that the order was made on being in......ived at a correct decision. There, is therefore, no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 250. ..Category: Criminal Law | Date: | Hits: 81
Abdul Jalil Vs. Bangladesh Steel & Engineering Corporation, 1989, 18 CLC (HCD)
....ise of its Revisional Jurisdiction is called for in the present case. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 474....... Subordinate Judge, Dhaka, stating that he was appointed in the former East Pakistan Industries Development Corporation as a Metallurgical Engineer, Iron & Steel Works, Chittagong on 4.6.66 by an appointment letter issued by the predecessor of defendant No. 3 (that is the secretary of the then E..Category: Employment/Service Law | Date: | Hits: 108
Rupali Bank Vs. Haji Ahmed Sabur & another, 1990, 19 CLC (HCD)
....y in delivering the goods the Court below rightly noticed that the plaintiffs failed to establish the same by any documentary evidence. His oral evidence on the point was also not corroborated by any independent witness. So we find nothing wrong with the trial Court in dismissing plaintiff's claim f......from the date of filing the suit on 2.2.84 till realization with cost and the cross‑objection of the plaintiff‑respondent is dismissed. Ed. This Case is also Reported in: 43 DLR (1991) 464. ..Category: Civil Law | Date: | Hits: 83
Anwar Hossain Monju Vs. State, 1991, 20 CLC (HCD)
....declaration of this Court in writ Jurisdiction, is a nullity to which the reply of the learned Attorney‑General has been that this provision as under section 7(a)(b) of the Special Powers Act is an independent provision found in special law namely. Special Powers Act which is quite distinct from t......r after taking into consideration of all available materials. In view of the above, I agree with the decision that the rule be discharged. Ed. This Case is also Reported in: 43 DLR (1991) 447...Category: Criminal Law | Date: | Hits: 98
Tariq Habibullah Vs. State, 1990, 19 CLC (HCD)
....e and was given by the same doctor about the cause of death of Sawpna. The learned Advocate for the appellant also submits that the trial Court committed illegality in not considering the evidence of independent witnesses like PW 4 Mrs. Kanan Das and PW 6 Dr. M Rashid who on examination of the decea......inst him. It is hereby directed that the accused appellant be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 43 DLR (1991) 440. ..Category: Criminal Law | Date: | Hits: 116
Progati Industries Ltd. Vs. Shahida Khatun and others, 1991, 20 CLC (HCD)
....tion that defendant No. 1 forcibly took possession of the suit land in March, 1972. PW 1 is an interested witness so also the, other PWs who have no knowledge of the suit property. No trustworthy and independent witness from the neighbouring houses could be produced by the plaintiffs. Their evidence......cation in the Gazette notification with effect from 3.1.72 for taking over management of any abandoned firm or company and as such the decision of, the Government dt. 31.1.72 marked Ext. and enter of appointment dated 15.2.72 marked Ext. 'N' appointing DW 1 M Mazammel Huq as Administrator of the sai..Category: Property Law | Date: | Hits: 69
....ast pay drawn which is not available to the employees of the Government or other Corporations or private sectors in the country. In section 9 of the said Act, there is no provision for appointment of independent member or members or for revision or review of an award given by the Wage Board. On the ......r varied by a later decision of the Board. Under the said section only one Wage Board is to be appointed which would take subsequent decision as would be necessary. This said Act does not contemplate appointment of more than one Wage Board. The first wage board was constituted on 26-7-74 which have ..
Category: Constitutional Law | Date: | Hits: 246
Ali Ahmed Malaker @ Kunai @ Malaker & others Vs. The State, 1990, 19 CLC (HCD)
....houdhury. 25. Thus, it appears that all the witnesses examined in the case belongs to one group i.e. persons who took settlement of the land of Paul Choudhury. The prosecution did not examine any independent witness though such witnesses namely Kashem Sarker, Hashem Mirdha, Aftabuddin, Nani Bara......llants are found not guilty to the charge levelled against them and they be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 401. ..Category: Criminal Law | Date: | Hits: 67
Giasuddin Ahmed and others vs. Bangladesh and others, 2010, 39 CLC (HCD)
....cate the judgment and order to respondent No.2 and 6 at once. Ms. Naima Haider J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 405; 64 DLR (HCD) (2012) 314. ......angladesh as officers of BCS (Telecom) Cadre at various times between 1979 and 2008 after passing competitive examinations and/or going through the recruitment procedure conducted by the PSC and upon appointment by order of the President (Annexures-“D”-“D-17”). 11. Under FR 9(13), a publi..Category: Constitutional Law | Date: | Hits: 145
Naogaon Chitrabani Ltd. Vs. Naogaon Cinema Hall Sramajibi Union and another, 1990, 19 CLC (HCD)
....idered the said letters as a charter of demands nor recognised the respondent No. 1 as legally constituted Trade Union formed with workers employed by the 3 different petitioners, having separate and independent establishments. According to the petitioner such trade union could not be formed under t......ake step in this behalf. We, however, make no order as to cost. Let the records of the Registrar, respondent No. 2 be sent back at once. Ed. This Case is also Reported in: 43 DLR (1991) 392. ..Category: Labour and Industrial Law | Date: | Hits: 115
....ime of the occurrence; the 3rd ground Mentioned therein is that the detenu went into hiding and this may be for the safety and security of his life. According to Mr. Rafiq‑ul‑Huq, these are three independent grounds which led to the conclusion mentioned in paragraph 4 i.e. for maintenance of pub......, PS Gulshan, Dhaka now detained in Dhaka Central Jail be at once released from custody if not wanted in connection with any‑other case.
Ed.
This Case is also Reported in: 43 DLR (1991) 372.
..
Category: Constitutional Law | Date: | Hits: 178
Silver Estate Ltd. Vs. Abdul Hakim Mia and others, 1991, 20 CLC (HCD)
....between the defendant Nos. 1 and 2 over the title of the suit property. The plaintiff and defendant No. 1 failed to prove satisfactorily possession of defendant No. 1 in the suit property by adducing independent and trustworthy evidence in the face of the evidence adduced by the defendant No. 2 in s......the defendants over the title of the suit property. In that view of the matter cross‑objection filed by the respondent No. 1 is rejected. Ed. This Case is also Reported in: 43 DLR (1991) 360. ..Category: Civil Law | Date: | Hits: 92
Bangladesh Vs. Md. Abdul Alim and others, 2010, 39 CLC (AD)
.... and the respondents within 2(two) weeks thereafter to make the appeals ready. The appeals are fixed for hearing on 22nd February, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 185.......sion. They along with some others became successful in the written test and accordingly they appeared at a viva voce examination. The Bangladesh Public Service Commission ultimately recommended for appointment of 328 candidates including the respondents out of 3217 candidates. Pursuant thereto, ..Category: Administrative Law | Date: | Hits: 188
Abdus Sobhan Vs. Harekrishna Kundu and another, 1988, 17 CLC (HCD)
....om the category of the distinguished persons of the locality. So the plaintiff holds an important position of respect, honour and dignity and he has the reputation of being honest lawyer and a man of independent spirit and integrity in professional, educational and other circles of Dhaka and elsewhe......,000.00 (Tk. five thousand) only as damages. In the result, the appeal is allowed. Since there is no appearance we do not award any costs. Ed. This Case is also Reported in: 43 DLR (1991) 314...Category: Civil Law | Date: | Hits: 89
Government of Bangladesh Vs. Abdul Wahid Sheikh (dead) his heirs & others, 1990, 19 CLC (HCD)
....a riparian owner to hold lands gained by the recess of a river or the sea as increment to the holding subject to the payment of a fair and equitable rent. 7. With the emergence of Bangladesh as an independent country the law embodied in those two sections has undergone significant changes. On 4th......gment delivered by the learned Subordinate Judge also abates. The appeal is, accordingly, disposed of. There shall be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 308. ..Category: Property Law | Date: | Hits: 77
....or or arbitrators or umpire shall have made their award, all benefit under this policy shall be forfeited.
14. If any difference arises as to the amount of any loss or damage such difference shall independently of all other questions be referred to the decision of an arbitrator to be appointed in...... insurance company over telephone several times to arrange for survey of the loss of the plaintiffs insured properties and ultimately by their letter dated 23.5.72 requested the insurance company for appointment of surveyor for assessment of plaintiffs loss, but the insurance company by their letter..
Category: Alternative Dispute Resolution | Date: | Hits: 170
Dilip @ Siddiqur Rahman & others Vs. State, 1990, 19 CLC (HCD)
....he hand of the receiver who was the OC of the local police station so it was improbable that the informant party grew the paddies. (iv) The prosecution failed to produce a single disinterested and independent witness from the neighboring land while admittedly many persons from the neighborhood ca......ants are affirmed. The appellants 3‑9 who are on bail are directed to surrender to their bail bond to serve out their remaining sentence. Ed. This Case is also Reported in: 43 DLR (1991) 269. ..Category: Criminal Law | Date: | Hits: 61
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