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Bangladesh Water Development Board and other Vs. Progati Prakaushali & another, 1996, 25 CLC (HCD)
....ving the award acted beyond the power vested in him and thus fell into an error in not setting aside the award. The learned Advocate further submits that the learned Subordinate Judge erred in law in holding that the objection filed by the opposite party of the Miscellaneous case has not been filed ......ard on 27‑4‑1993 for a total amount of Taka 12,69,324.00 in favour of the contractor respondent No.1 but as the Chief Engineer claimed through a letter that an amount of Taka 9,85,839.00 has been over paid to the contractor respondent No.1, the learned arbitrator in the aforesaid award passed a ..Category: Alternative Dispute Resolution | Date: | Hits: 606
Abdul Latif Vs. Md. Sheesh, 1982, 11 CLC (HCD)
....rned to the plaintiff for presentation in the proper forum having jurisdiction. 3. On appeal, the learned Additional District Judge, 5th Court, Dacca affirmed the decision of the learned Munsif, holding, that as it was a suit for declaration simpliciter and there is no objective standard of the......The valuation matter is decided in favour of the plaintiff and the learned Munsif is directed to proceed with the trial of the suit. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 205. ..Category: Civil Law | Date: | Hits: 123
Abul Hosain Sikdar Vs. State, 1982, 11 CLC (HCD)
....to the Magistrate who apparently quite oblivious of the provisions of law took cognizance of the case and summoned the accused. We have, therefore, no hesitation in holding that the entire proceedings from the point of investigation right up to the order taking cog......nd forthwith. The rule is, accordingly, made absolute. Send down the records at once, Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 201. ..Category: Criminal Law | Date: | Hits: 115
Mohammad Ali Miah and others Vs. Md. Sekander Ali Haowlader, 2007, 36 CLC (HCD)
....e deed on receipt of the remaining amount of Taka 12,28,000/-. Whereas the respondent served legal notices to have his deposited money of Taka 3,00,000/- back as such the trial Court was wrong in not holding that the respondent has violated the terms and conditions of the agreement and thus the resp......ed within 15 days and that after expiry of the above time limit, the purchaser had an option to get the sale deed executed and registered through a Court and in such event, he would be entitled to recovery all expenses from the executant. It is further stated that the plaintiff repeatedly requested ..Category: Civil Law | Date: | Hits: 102
....itizen may drink alcohol in a licensed bar.
(5) No provision of this section shall apply in respect of import, export, purchase, transport, preservation or drinking of alcohol by a foreign citizen holding a diplomatic passport or a passbook issued by the Customs authority or covered by the Baggag......terials, alcohol/rectified spirit in any manner whatsoever and the action of the Department of Narcotics Control making applicable the Narcotics Control Act 1990 in the homeopathic drug manufacturing overlapping the Drugs Act, 1940 and Rules thereunder and Drugs (Control) Ordinance, 1982 are ultra v..
Category: Others | Date: | Hits: 341
Abdus Samad @ Md. Abdus Samad Vs. State, 2011, 40 CLC (AD)
.... the evidence and discussed the evidence of P.W.I in detail along with the P.Ws.1, 2, 5, 7, 9 and 12 who are eyewitness among whom 3 are injured witnesses and affirmed the judgment of the trial Court holding that the trial Court in dealing with the facts and law committed no error of law. It has bee......hat the learned Judges of the High Court Division have totally failed to consider that no evidence has been produced to show the ownership of the land in dispute regarding which Khursid Ali died. Moreover, it is admitted position that Mazam Ali, father of the petitioner used to cultivate the land, h..Category: Criminal Law | Date: | Hits: 116
....he case property to the petitioners by two registered sale deeds dated 4th October, 1978. Under such circumstances, we are of the view that the learned Court of Settlement was not at all justified in holding that the case property was rightly declared as an abandoned property on the finding that the......est had all along been in peaceful possession of the case property till they sold the same to them and there was no occasion whatsoever to treat it as an abandoned property at any point of time. The Government did never take over possession of the case property nor did it serve the statutory notice ..
Category: Property Law | Date: | Hits: 116
....les and that an enquiry was held against him according to the procedure laid down in the rules. It was also contended that the petitioner was afforded every opportunity of defending himself and after holding enquiry the petitioner was found guilty of misconduct and, as such, the Respondent No.1 dism...... to be sent to the employer only by registered post and, as such, the petitioner having failed to send the grievance petition by registered post the said petition which is alleged to have been handed over to the office of the Respondent No.3, cannot be deemed to be a grievance petition under section..
Category: Labour and Industrial Law | Date: | Hits: 141
State Vs. Abdul Awal, 1983, 12 CLC (HCD)
....besides it but at a lower level...sometimes with implication of shelter or protection. …………… 9. With reference to persons acting in a certain capacity, considered in relation to one holding a superior position or office. 10. Denoting subordinate to or controlled by, a person or ...... 29 D.L.R. (SC) 41. Lawyers Involved: Matiur Rahman, Assistant Attorney-General - For the State-Appellant. Asrarul Hossain with Abdul Azim - For the Accused-Respondent. Government Appeal No.1 of 1980. Judgment Mustafa Kamal J.- This appeal against acquittal raises..Category: Others | Date: | Hits: 163
Hanif Chowdhury alias Serajul Islam Chowdhury Vs. Mohammad Hasan Ali and another, 2007, 36 CLC (HCD)
....ported in AIR 1932 (PC) 76 held that as adopting the principle of Mohammedan law as stated by this Board inImam Bandi Vs. Mutsuddi their Lordships have no doubt that the Courts in India were right in holding that Fazilatun Nessa had no authority to enter into the agreement of reference on behalf of ......tay granted by this Court dated 2.9.1992 is hereby vacated. The officer is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 415. ..Category: Civil Law | Date: | Hits: 129
Nurul Huda Miah (Md) Vs. Dhaka Water Supply and Sewerage Authority and others, 1992, 21 CLC (HCD)
.... other employees of the Revenue Department of Dhaka WASA were punished on the recommendation of the petitioner for preparing bills for lesser amounts in respect of M/s. Phoenix Fabrics Ltd. and other holdings by manipulations of meter reading; that the respondent No.3 being influenced by the said Is......hoenix Fabrics Ltd. and other holdings by manipulations of meter reading; that the respondent No.3 being influenced by the said Ismail Khan got a resolution dated 25.6.88 passed in a meeting presided over by respondent No.3 for holding an enquiry into manipulation of billing of M/s Phoenix Fabrics L..Category: Employment/Service Law | Date: | Hits: 231
Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)
....age of manpower to do the job in the department as the work is ever increasing with overflow of responsibilities. The petitioner therefore, since January, 1996, has been for all intents and purposes, holding charge of 3 posts simultaneously, namely, Assistant Collector (Establishment), Assistant Col......iginal Jurisdiction) Present: Md. Mozammel Hoque J Md. Hassan Ameen J Matiur Rahman (Md.)……………Petitioner Vs. Bangladesh, through the Secretary, Ministry of Establishment, Government of the People’s Republic or Bangladesh & others………………Respondents Judg..Category: Employment/Service Law | Date: | Hits: 186
Bangladesh Vs. CMA CGM Bangladesh Shipping Limited, 2009, 38 CLC (AD)
....ustoms Act and the 1986 Rules and that there is no provision of law that prevents issuance of licence to an entity with a 100% foreign ownership and indeed other 100% foreign owned companies are also holding such licence; that the petitioner wrote letters to the respondent No. 2 on 09.11.2008, 13.11...... the business of cargo agents, forwarding agents, clearing agents and/or general agents for operators of air, sea, land and inland waterway carriage undertakings; that the respondent No.1 is the Government of Bangladesh, the respondent No.2 is the National Board of Revenue represented by its C..Category: Administrative Law | Date: | Hits: 318
Bangladesh Water Development Board Vs. Zakir Construction and Co. and another, 1995, 24 CLC (HCD)
....ested two names, namely, Mr. Justice K M Sobhan and Mr. Justice Maksudar Rahman (citing him as a Justice). On 4‑8‑94 the learned Subordinate Judge appointed Mr. Maksudur Rahman as sole arbitrator holding that Memo No………..dated 15-4‑89 of petitioner Water Development Board provides for ap......re of justice. In the result, the Rule is discharged without any order as to costs. Send a copy of the order to the Court once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 261. ..Category: Alternative Dispute Resolution | Date: | Hits: 521
British Airways Plc. Vs. Bangladesh Air Services Pvt. Ltd., 1996, 25 CLC (HCD)
....e, Dhaka, in Arbitration Misc. Case No.368 of 1994/37 of 1994 is set aside. Send a copy of this order to the trial Court at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 249. ......94 Bangladesh Air Services Pvt. Ltd. informed the Manager of the Petitioner in Bangladesh about a dispute from unjust or improper interference by the latter causing substantial financial loss to well over taka twenty‑five million and that the matter should be referred to arbitration. This was foll..Category: Alternative Dispute Resolution | Date: | Hits: 304
Sreemati Hari Rani Basak and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....ortion of Suit property by Plaintiff and tenants Defendants paid rents upto month of November, 1971. During War of Liberation of 1971, Plaintiff as well as tenants Fourth-Twelfth Defendants left suit holding and took shelter to the other side of border for safety of their lives. During Liberation Mo......sion (Civil) Present: AK Badrul Huq J Sreemati Hari Rani Basak being dead her heirs: I(i) Sree Narayan Chandra Basak and others………………………Plaintiffs-Petitioners Vs. Government of Bangladesh, represented by the Deputy Commissioner, Collectorate Building, P.S. Kotwali..Category: Procedural Law | Date: | Hits: 108
....the Additional Secretary, Ministry of Finance, Internal Resource Division, Government of the People's Republic of Bangladesh who by his order dated 8‑2‑1989 disposed of the revisional application holding, inter alia, under Rule 9(2) of the Capacity Tax Rules made under the Act, without prior per......de by the Assistant Collector of Customs and Excise, Jessore; Collector of Customs and Excise (Appeal) Dhaka and finally by the Additional Secretary, Ministry of Finance (Internal Resource Division) Government of Bangladesh and National Board of Revenue, Dhaka.
2. The short facts, relevant for th..
Category: Fiscal/Taxation Law | Date: | Hits: 278
Abdur Razzaque Vs. State and another, 1982, 11 CLC (HCD)
....d 13.4.82 passed by Additional Sessions Judge, 3rd Court, Comilla in Sessions Trial No.247 of 1980 taking cognizance against the petitioner and issuing non-bailable warrant of arrest against him upon holding as follows: "Since accused Abdur Razzak did not appear before this Court and no order has be......neral and the learned Advocate for the complaint opposite party have, however, supported the orders complained against in their own way. 7. The section which is immediately attracted in the controversy raised is section 193 (1) of the Code of Criminal Procedure which reads as follows: "193. ..Category: Criminal Law | Date: | Hits: 110
Abdul Gani alias Ganya Vs. State, 2006, 35 CLC (HCD)
....onsequently the case record was transmitted to the Court of Sessions Judge and Senior Special Tribunal, Lakshimpur who transferred the same to the Court of Special Tribunal No.3, Lakshmipur who after holding trial convicted and sentenced the convict appellant as aforesaid. 3. The defence of the c......ce station Ramgati on getting an information that local people have apprehended 3 dacoits including the convict appellant and surrounded them in the house of one Ruhul Amin. After going there they recovered one pipe gun and 6 rounds of bullets of 303 rifle and 4 bullets of S.L.R. from the convict ap..Category: Criminal Law | Date: | Hits: 102
Tohfa Khatun and others Vs. Moulavi Mukhilisur Rahman and others, 1997, 26 CLC (HCD)
....ed the trial Court to hear and dispose of the same. The said application was heard by the learned trial Court and the trial Court by his order dated 12‑8‑95 rejected the application for amendment holding that the proposed amendment is deviation from the earlier written statement filed by the def......and Kalitara. and the defendant No.41 has purchased the said land from heir of Jotindra and from Kalitara and those statements being necessary for the purpose of determining the real question in controversy between the parties, the learned Subordinate Judge committed an error of law resulting in an ..Category: Procedural Law | Date: | Hits: 118
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