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....e plaint, which was not expressly granted by the decree, shall, for the purposes of this section, be deemed to have been refused.
Explanation VI‑ Where persons litigate bona fide in respect of a public right or of a private right claimed in common for themselves and others, all persons interest......d and order of stay granted therein is recalled and vacated.
Parties are directed to bear their own cost. Send down the records at once.
Ed.
This Case is also Reported in: 56 DLR (2004) 530.
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Category: Civil Law | Date: | Hits: 92
Animal Protection Society Chittagong Vs. Laxman Chadra Das & others, 2003, 32 CLC (HCD)
....n under section 10(2) of the Ordinance before the Deputy Commissioner or under section 28 of the Ordinance before the Statutory Arbitrator. Nor he had any grievance that the acquisition was not for a public purpose. 14. Close reading of the Ordinance makes it clear that section 7 of the Ordinance......he deposit account of the Public Account of the Republic as provided under section 10(2) of the Ordinance. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 522. ..Category: Property Law | Date: | Hits: 61
....uneration of the petitioners as the Chief Election Commissioner and Election Commissioners without any deduction on account of pension, gross or net, in connection with their earlier service in the Republic and why the respondents should not be directed to refund to the petitioner No.4 the amount th......already been deducted earlier, on account of pension.
In the result, this Rule Nisi is made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 113.
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Category: Employment/Service Law | Date: | Hits: 99
....any conducting its business all over the country as a manufacturer of different sizes of SPC Poles in its factory. The main consumer of the said SPC poles is the Rural Electrification Board and other public bodies. The petitioner company in course of business participated in an open tender floated......08 (Anriexure-F) and dated 3-9-2008 (Annexure-I) are hereby declared to have been passed without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 63 DLR (2011) 61.
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Category: Fiscal/Taxation Law | Date: | Hits: 140
....ody and is ex facie without jurisdiction, invoking of constitutional jurisdiction under Article 102 of the Constitution is not barred. Moreover, when interpretation of a section of the Customs Act of public importance is sought for by making an application under Article 102 of the Constitution, such...... hence, of no legal effect. The Appellate Tribunal is hereby directed to dispose of the appeals in accordance with law as early as possible.
Ed.
This Case is also Reported in: 57 DLR (2005) 74.
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Category: Fiscal/Taxation Law | Date: | Hits: 122
Padma Oil Co. Ltd. Vs. SM Nurul Islam and others, 2002, 31 CLC (HCD)
..... Ltd., is a Public Ltd. Company having their Head Office at Chittagong and the shares of the said Company were held by Bangladesh Petroleum Corporation, as well as by several financial institutions, public institutions and individuals of the public and that the petitioner company was the employer...... as to cost. The order of stay granted at the time of issuance of the Rule stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 505. ..Category: Employment/Service Law | Date: | Hits: 122
Mehedi Hasan Vs. State, 2011, 40 CLC (HCD)
....material fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing. Illustration A, a public officer, is authorized by a warrant from a Court of Justice to apprehend Z.B, knowing that fa......tioner is concerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 361...Category: Administrative Law | Date: | Hits: 173
Md. Abdul Bari and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....ceeded on the basis that having permitted the employee to work for some period, he would be absorbed, without really laying down any law to that effect, after discussing the constitutional scheme for public employment." 49. From the above observations and findings of the Supreme Court of In...... The Rule, therefore, fails. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 27; 30 BLD (HCD) (2010) 465. ..Category: Employment/Service Law | Date: | Hits: 145
Sheikh Hasina Wazed @ Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....l motive by-passing the Cabinet Division added Clause No.10 to the draft policy and converted the same to procedure and thus through illegal means and fraudulent way and by causing breach of trust as public servant converted Chhatak (east) a virgin field into marginal and abandoned fields. On the ......giving able assistance to this Court in the matter of disposing the rule in an effective manner. Send down the Lower Court records. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 40. ..Category: Criminal Law | Date: | Hits: 126
Abdul Hannan Chowdhury and Asgar Hossain Vs. Shamsul Huq Sikder and the State, 1989, 18 CLC (HCD)
....areful but in the instant case no such warning was published in the Newspaper asking the seller to be careful and had there been any such warning they would not have sold any amblosin capsules to the public nor they would have purchased or stored for sale those medicine manufactured by Hoechst. It h......bt and they are released from their bail bonds immediately. The appeal is therefore, allowed. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 246. ..Category: Criminal Law | Date: | Hits: 83
Maulana Abdul Motin & others Vs. Shah Alam Bhuiyan & others, 1989, 28 CLC (HCD)
....as shown as: On the north.............purchased land of Abdur Rob. One the south...........purchased land of Rezia Begum. On the east...............land of vendors. On the west............public road. While the application for temporary injunction was pending the petitioners filed wri......scharged without any order as to costs. The stay order granted by this Court staying all further proceeding in title suit is vacated. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 243. ..Category: Procedural Law | Date: | Hits: 82
Dr. Mohiuddin Farooque and another Vs. Bangladesh, 1997, 26 CLC (HCD)
.............Petitioner (In Writ Petition No. 1576 of 1994) Vs. Bangladesh, represented by the Secretary, Ministry of Irrigation, Water Development and Flood Control, Government of the People's Republic of Bangladesh, and others............Respondent (In both the Writ Petitions) Judgment A......ance with the directions made above. Having regard to the facts and circumstances of the cases, there will be no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 84. ..Category: Environmental Law | Date: | Hits: 1051
....…………………………………………………………Petitioner
Vs.
Bangladesh, through the Secretary, Ministry of Housing and Public Works Department, Government of the peoples republic of Bangladesh and others…………………………….Respondents
Judgment
Novembe......96 under the heading ‘Khulna District’ Serial No.246, page 9764(32) is passed without lawful authority and is of no legal effect.
Ed.
This case is also Reported in: 49 DLR (HD) (1997) 108.
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Category: Limitation Law | Date: | Hits: 175
Dr. Ahmed Sharif Vs. State and another, 1994, 23 CLC (HCD)
....o section 197 of the Code of Criminal Procedure which is as follows: "197. (1) When any person who is a Judge within the meaning of section 19 of the Penal Code or when any Magistrate, or when any public servant who is not removable from his office save by or with the sanction of the Government, ......a. Communicate this order to the Chief Metropolitan Magistrate, Dhaka and Sadar Magistrate Court, Gopalganj for compliance at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 100. ..Category: Criminal Law | Date: | Hits: 70
Golam (Md.) Abdul Awal Sarker and others Vs. State, 1996, 25 CLC (HCD)
....anipuri Modern Residential Project” and started development of lands on 119 acres for the purpose of allotments of plots measuring ½ ‑Kathas, 5 kathas, 7 kathas and 10 kathas amongst the general public at fair price. RAJUK asked the petitioner No.1 to inform about the areas of land purchased by......th Court, Dhaka, is quashed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 95. ..Category: Criminal Law | Date: | Hits: 105
Md. Shamsul Alam Vs. Kanak Chandra Shome and another, 1978, 7 CLC (AD)
....nd that was the observation of the High Court as well. No interference is, therefore, called for and the leave petition is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 150.......pon the Magistrate to attach the disputed properties and appoint receiver while drawing up proceedings under section 145 Cr.P.C. if the Magistrate is satisfied that there is likelihood of breach of peace regarding any immovable property. The contention of the learned Counsel is, therefore, accepte..Category: Criminal Law | Date: | Hits: 69
....nting Mr. Nirmal Chandra Bhowmik & Nim Chandra Bhowmik s/o. Krishna Gopal of Mirzapur P.S. Begumganj, Noakhali from acting in a manner prejudicial to the security or interest of Bangladesh or the public safety or the maintenance of law and order, it is necessary to make an order for his detent......him from acting in a manner prejudicial to the security, the public safety or interest of Bangladesh, Bangladesh's relation with any foreign power, the maintenance of public order, the maintenance of peaceful conditions in any part of Bangladesh or the maintenance of supplies and services essentia..
Category: Criminal Law | Date: | Hits: 103
Sk. Helal Uddin and another Vs. State, 2010, 39 CLC (HCD)
.... hampered directly or indirectly, and the same was designed with a mala fide intention to harass and humiliate the appellants and thereupon to lower down their political image and heritage before the public, in general. 17. Mr. Khurshid Alam Khan, learned Advocate appearing on behalf of Anti-Corr......ective appellants. The office is directed to send down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 286, 16 BLC (HCD) (2011) 444, 8 LG (2011) HCD 342. ..Category: Criminal Law | Date: | Hits: 108
Abdul Jalil Khondaker & others Vs. Mohd. Mokan & others, 1988, 17 CLC (HCD)
....ng for more than one hundred years and it belonged to defendant No.5 K.B. Waqf Estate. The suit reservoir is situated just to the north of Kazir Bazar cattle market, a mosque of the cattle market and public graveyard and in the west there was another small graveyard. The said cattle market existed f......e Mahalla and the co-paikers of the catties and other persons say their prayers in the mosque. Since the lime of their predecessors they used the water of the suit reservoir in the aforesaid manner peaceably, uninterruptedly, openly as of right, without any bodies' permission over the statutory pe..Category: Property Law | Date: | Hits: 58
Tajidullah & others Vs. Sona Miah & others, 1986, 15 CLC (HCD)
....cts proved, but even if such a plea could be raised in the appellate stage, it will be necessary to consider if the facts proved established a case of possession which is adequate in continuity, in publicity and extent to extinguish the title of the true owner." 15. He further submits that poss......ill be at liberty to amend the pleadings and adduce fresh evidence, if so desire. There will be no order as lo costs of this appeal. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 223...Category: Property Law | Date: | Hits: 66
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