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Tobarak Ali Sikder Vs. Administrator of Waqfs, 1992, 21 CLC (HCD)
....the Waqf Ordinance is without jurisdiction and has, therefore, no legal effect. The parties are to bear their own costs in this case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 70.......li, or the taking over of the Waqf estate by the Waqf Administrator, for the purpose of good administration. 8. If the impugned order is intended to be a suspension of the mutwalli and a temporary appointment of a committee to look after the management of the Waqf estate, then the order is withou..Category: Trust/Waqf Law | Date: | Hits: 157
Aftab Uddin (Md.) Vs. Bangladesh, 1995, 24 CLC (HCD)
....tion of the judiciary from the executive organs of the State. He also took us to Article 94 of the Constitution which enjoins that the Chief Justice and the other Judges of the Supreme Court shall be independent in exercise of their judicial functions and then to Article 116A of the Constitution whi......direction on the respondents, to quote from the Prayer Portion of the writ petition, “to prepare the 5 Years (1989‑1993) Annual Confidential Reports of the Petitioner and to process the files for appointment to 3 posts of Joint secretaries in the Ministry of Law, Justice and Parliamentary Affair..Category: Employment/Service Law | Date: | Hits: 173
Bangladesh Vs. M/s. Mashrique Textiles and others, 1982, 11 CLC (AD)
....at the agreement be filed in Court must, however, stand. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 66. ......neral who appeared for the appellant could not show sufficient reasons against the filing of the agreement in Court. Nor such reasons were shown before the Courts below. The propriety regarding the appointment of arbitrator is, however, open to objection. Dr. Hossain submitted that the order of th..Category: Alternative Dispute Resolution | Date: | Hits: 147
Abdur Rahman and others Vs. Sultan ® Sultan & others, 1982, 11 CLC (AD)
....any equitable relief. In the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside. Ed. This Case is also Reported in: 35 DLR (1983) 51. ......s as plaintiffs instituted a suit for partition of the suit property by metes and bounds. It was decreed in preliminary contest on 29.4.1972. Thereafter, the plaintiffs submitted an application for appointment of a pleader commissioner to draw the final decree. A pleader commissioner was appoint..Category: Procedural Law | Date: | Hits: 72
Bangladesh & another Vs. Md. Salimullah and others, 1981, 10 CLC (AD)
....rt Division and this Division respectively. As separate judgments have been given by Ruhul Islam, Badrul Haider Chowdhury and Shahabuddin Ahmed, JJ, agreeing with my views generally but each having independent reasoning of their own,' T propose to give the formal order at the end of their judgment......pect of issue and execution of processes, review of judgments of orders, making of rules, punishment for contempt of courts, superintendence and control over subordinate courts, transfer of cases and appointment of staff the Supreme Court or its Division shall have the same powers as it or they had ..Category: Constitutional Law | Date: | Hits: 181
Monjur Morshed Chowdhury & Others. Vs. Haji Abul Kashem Sawdgar & Others, 2010, 39 CLC (AD)
....he Court can draw no inference from its existence till it believes it to exist; and it is obvious that the belief of the Court in existence of a given fact ought to proceed upon grounds, altogether independent of the relation of the fact to the object and nature of the proceeding in which its exis......l is dismissed without any order as to costs. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 83, 31 BLD (AD) (2011) 97, 8 LG (2011) AD 109, VIII ADC (2011) 319, 16 MLR (AD) (2011) 225. ..Category: Tenancy Law | Date: | Hits: 210
Kamaluddin Ahmed Vs. Director of Trade Organisations and others, 2000, 29 CLC (HCD)
.... Rule is disposed of without any order as to costs. Send down the record at once. Let a copy of order portion be sent to DTO immediately. Ed. This Case is also Reported in:52 DLR (2000) 659. ......nt No.2 after holding inquiry submitted the inquiry report on 28-3-2000 recommending dissolution of the existing Committee of the CCCI, the term of which had expired long ago. It also recommended the appointment of an Administrator to take over the functions of the executive committee and to manage ..Category: Others | Date: | Hits: 123
Giasuddin Ahmed Chowdhury Vs. Dhaka University and others, 2000, 29 CLC (HCD)
....erence he endorsed the elections, denied all the allegations and categorically rejected any chance of re-polling (Annexure-’E’ and ‘E’-1). (b) The election petition will not be heard by an independent tribunal or authority as it will be constituted by the Vice Chancellor. (c) It is tru......d, members of the Senate, other than ex-officio members, shall hold office for a period of three years from the date of the annual meeting of the Senate held for the first time after the election and appointment of new members of the Senate under Article 20 of the Dhaka University Order, 1973, and t..Category: Election Law | Date: | Hits: 105
Fazlur Rahman & Co. Vs. M.V. CHOSUN HOPE and others, 2010, 39 CLC (HCD)
....o.1 or its master and crews but all disputes from the port of loading to the port of delivery arose out of various contracts. So it is not correct to say that the claim of compensation for damages is independent of any contract. Thus, the learned Admiralty Judge was correct in holding that the suit ......days from the date of decree drawn. The office is directed to calculate the interest and the cost and inform the same to the defendant within the date fixed. Ed. This Case is also Reported in: ..Category: Admiralty Law or Maritime Law | Date: | Hits: 178
Mohammad Ali Vs. Government of the People’s Republic of Bangladesh and Others, 2010, 39 CLC (HCD)
.... Let a copy of the judgment be sent to the respondent No.1 for their future guidance. Ed. SM Emdadul Huque J. - I agree. This Case is also Reported in: 7 LG (HCD) (2010) 317. ......mbers of services and holders of posts whose conditions of service the Government of East Pakistan are competent to prescribe, subject as aforesaid they also apply to- (a) (i) any person for whose appointment and conditions special provisions is made by or under any law for the time being in forc..Category: Employment/Service Law | Date: | Hits: 70
Rupali Bank Ltd. Vs. Chairman, 2nd Labour Court Dhaka & another, 1999, 28 CLC (HCD)
.... the present case and different from the cases reported in 28 DLR section 23 of the Limitation Act provides: “In the case of a continuing breach of contract and in the case of a continuing wrong independent of contract, a fresh period of limitation begins to run at every moment of the time duri......oresaid complaint cases by Annexure “C” to the writ petitions. In the result the Rules are discharged without any order as to costs. Ed. This case is also Reported in: 52 DLR (2000) 603. ..Category: Labour and Industrial Law | Date: | Hits: 140
Moshfiqul Islam alias Bilu Vs. State, 2000, 29 CLC (HCD)
.... impugned judgment and order as already stated above. 14. Mr. Anisul Huq, learned Advocate appearing on behalf of the appellant with Mr. ABM Golam Majid, submits that 3 witnesses being prima facie independent witnesses shown as attesting witnesses of the seizure list did not corroborate the prose......qul Islam alias Bilu, son of late Makbul Master, be released at once if not wanted in any other connection. Send down the LC records at once. Ed. This Case is also Reported in: 52 DLR (2000) 593...Category: Criminal Law | Date: | Hits: 48
Badal Kanti Mitra Vs. Secretary, Ministry of Fisheries and Live Stock, 1980, 9 CLC (AD)
....ot no legal force. We do not find any illegality in the order of the High Court Division. In the result, the petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 265. ......ppointing seven persons excluding the petitioner to certain posts. 2. The Ministry advertised in the News Paper inviting applications from suitable candidates including Departmental candidates for appointment to five posts bearing the pay-scale of Tk. 450-1215/- P.M. which was subsequently raised..Category: Employment/Service Law | Date: | Hits: 126
Hiru Mia Vs. State, 2005, 34 CLC (HCD)
....mbers of the police party while 2 other PWs were the investigating officers, The public seizure list witnesses were not examined by the prosecution, According to him, in absence of examination of the independent seizure list witnesses the prosecution case suffered a serious setback. Police being int......l appellant's custody before the conviction. Send down the records of the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 607...Category: Criminal Law | Date: | Hits: 63
Abdul Aziz (Md.) Vs. Sonia Pervin Liza (Minor), 2006, 35 CLC (HCD)
....w Vol. II (Seventh Edition) of Syed Ameer Ali wherein it is stated about the maintenance of female children: "A father is bound to maintain his female children until they are married, if they have no independent means of their own." 21. It appears from his saying that a father is bound to maintai......f- opposite party within 3(three) months from the date failing which the same will be realized according to law. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 583. ..Category: Family Law | Date: | Hits: 214
Kazi Md. Shafiqur Rahman Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....Bichar-6/2N- 35/76 dated 25-4-2001 is declared to have been made without lawful authority and is of no legal effect. No order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 534.......lim, Fazil and Kamil examinations in the year of 1982, 1984, 1987 and 1989 respectively. The petitioner filed an application on 6-10-1997 to the Ministry of Law, Justice and Parliamentary Affairs for appointment as the Nikah Registrar for No. 3, Raikot Union Parishad. The petitioner is the permanent..Category: Employment/Service Law | Date: | Hits: 81
Mofazzal Hossain alias Mofa and others Vs. State, 2004, 33 CLC (HCD)
....aced in the case of State Vs. Rafiqullah Khan reported in 7 BLC 480. Moreover, in the said confession merely the names of the appellants were mentioned without any specific allegation and there is no independent evidence against accused Mofazzal Hossain alias Mofa, Mozahar Ali and Sekender alia Dulh......respective bail bonds. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 524. ..Category: Criminal Law | Date: | Hits: 52
Korea Exchange Bank, Seoul, Korea Vs. Gemini Garments Limited and others, 2004, 33 CLC (HCD)
....e to know about it through fax, which was sent by fourth defendant, shipper Bengal Shipping Line. Fourth defendant was his only source of knowledge about bankruptcy of the seller. He did not make any independent attempt to find out the bankruptcy of the seller. Fourth defendant was the shipping agen......t wants to and then, write out the judgment in the light of our observations made hereinbefore. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 392. ..Category: Business or Commercial Law | Date: | Hits: 290
AM Ziaul Hoque Vs. Government of the People's Republic of Bangladesh and others, 2004, 33 CLC (HCD)
.... this Court stands vacated. The application for vacating the order of stay is thus disposed of without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 389. ......rdingly, we heard the Rule on merit. 2. Rule was issued to show cause as to why the impugned order issued by the respondent No. 3 vide Letter No. 06.39 dated 02-10‑03 cancelling the order of appointment/promotion of the petitioner to the post of Marketing Manager (Current Charge) vide Offic..Category: Employment/Service Law | Date: | Hits: 66
Ashique Jeans Apparels Ltd and another Vs. National Board of Revenue and another, 2005, 34 CLC (HCD)
....যানের পক্ষে মত পোষণ করিলেন।” 14. On perusal of the said order of the review committee, it appears that the review committee, without coming to any independent finding and decision, mechanically relied upon the report of the Deputy Commissioner of ...... section 46 is to encourage more new undertakings to be established. However, there will be no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 478, 26 BLD (HCD) (2006) 324. ..Category: Fiscal/Taxation Law | Date: | Hits: 93
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