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....ind no illegality whatsoever in impugned orders and on the grounds stated above, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 333.
......ervice... that there should be a power to ensure the temporary severance of the member of the public services... from his functions until the enquiry has been completed the power is relatable both to duty of maintenance of high standards in the administration, as well as to the requirements of servi..
Category: Employment/Service Law | Date: | Hits: 155
Government of Bangladesh and others Vs. Excellent Corporation, 2010, 39 CLC (AD)
.... without any order as to cost. The Judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 148, 16 MLR (AD) (2011) 433, 8 LG (AD) (2011) 190. ......, binds the principal. Section 211 of the Contract Act says that an agent is bound to conduct the business of principal according to the direction given by the principal. 8. Therefore, it is the duty of the agent to carry out the business entrusted to him in accordance with the directions to be..Category: Business or Commercial Law | Date: | Hits: 267
Mohiuddin Ahmed and others Vs. Lutfur Rahman and another, 1990, 19 CLC (HCD)
....oners in place of the name of respondent No.1 in respect of the shares which the petitioners had held on 8.3.85 in the above company. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 48. ......ition, at page 261 says: "When there is no dispute as to a person being, or having ceased to be, a member, the summary jurisdiction under this section to compel the Company to perform the ministerial duty of entering the fact on the register is clear. As between alleged share‑holders and the Compa..Category: Company Law | Date: | Hits: 159
Mohammad Mofizuddin Vs. Mohammad Firoj Alam and another, 1991, 20 CLC (HCD)
....of such a power. The Rule is, therefore, made absolute without, however, any order as to costs and the impugned order is set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 36. ......ntiff appeared at the Secondary School Certificate Examination, 1981 at the Jhalakati Centre in the first half on 23.3.81 and duly submitted his answer script in chemistry paper to the invigilator on duty 3 or 4 minutes before the last bell, that at about 4‑00 PM on that day he was called for by t..Category: Civil Law | Date: | Hits: 84
Hazerannessa Vs. Nasiruddin Mahmood and others, 1991, 20 CLC (HCD)
....urt to re‑hear the same in accordance with law with utmost expedition. In the result, the Rule is discharged. No order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 28.......ltimately fixed for peremptory hearing on 6.11.1980. On that date the defendant No.1 filed an application for adjournment of the hearing of the suit on the ground that lie was engaged in his official duty. The learned Munsif rejected the petition for adjournment followed by filing another applicatio..Category: Procedural Law | Date: | Hits: 79
Bangladesh Mukti Judda Kallyan Trust Vs. Nurul Hossain and others, 1990, 19 CLC (HCD)
....ompliance to the Court of Subordinate Judge concerned within 16 days of the receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 22. ......f the main concerns of a Court of law to see that no one dares to interfere with the courts of justice by presenting the Court with a fait accompli." 23. The Court further observed that it is the duty of the Court to require the offending party by an appropriate order to undo that was done by al..Category: Property Law | Date: | Hits: 389
Anisul Islam Mahmood and others Vs. Government of Bangladesh, 1991, 20 CLC (HCD)
....in very exceptional circumstances when the law provides a remedy by appeal to another tribunal, fully competent to award the requisite relief. At the same time it was held that in cases of absence or excess of jurisdiction or where the impugned order suffers from illegality on the face of the record......hese two rules are made absolute without any order as to costs (the consequence of which is that the said two proceedings are quashed). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 1. ..Category: Criminal Law | Date: | Hits: 88
Mustafizur Rahman @ Mustak Vs. State, 2011, 40 CLC (HCD)
....t liberty at once if not wanted in connection with any other case. Communicate the judgment to the court below at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......victing the petitioner and sentencing him to suffer imprisonment for life should not be quashed. 2. Prosecution case in short is that A.S.I. Shahabuddin along with the police forces went on patrol duty on 23.11.2003 at 10.30 PM in the villages of Bahirmadi, Bagown and Mohishkundi area through G.D..Category: Criminal Law | Date: | Hits: 68
Rajdhani Unnayan Kartipakkhya and others Vs. Dr. AK Shamsul Islam & others, 2003, 32 CLC (AD)
....o barred by 226 and 107 days respectively and the explanation for delay are far from satisfactory. These petitions are dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 129. ......UK. Amongst others section 40(h) provides for the formation, retention of enlargement of open spaces. The High Court Division after considering these provisions held that it was clear that it was the duty of RAJUK to provide for park, open spaces, play grounds or similar amenities for improvement sc..Category: Property Law | Date: | Hits: 92
Public Service Commission Vs. Mohammad Sohel Rana and others, 2010, 39 CLC (AD)
....t Division. The judgment of the High Court Division is accordingly set aside. These petitions are disposed of with the above observation. Ed. This Case is also Reported in: VIII ADC (2011) 332. ......ation to qualified candidates to apply for recruitment and on their selection they do not acquire any right to the post. Unless the relevant recruitment rules so indicate, the State is under no legal duty to fill up all or any of the vacancies. However, it does not mean that the State has the licenc..Category: Constitutional Law | Date: | Hits: 247
....oceed with the construction on the aforesaid drain‑passage further.
The rule is, accordingly, made absolute. No order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 331.......taining a proceeding of this nature is not necessarily a right in the strict juristic sense but it is enough if the applicant discloses that he had a personal interest in the performance of the legal duty which if not performed or performed in a manner not permitted by law would result in the loss o..
Category: Property Law | Date: | Hits: 58
State Vs. Nurul Hoque and another, 1992, 21 CLC (HCD)
....be set at liberty at once, if not wanted in connection with any other case. The death penalty, as held herein before, is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 306. ......e mother and had been living in the same house and being a competent witness also, established the fact that this victim woman was last seen alive in the company of her son Nurul Hoque who thus had a duty to explain how she met her death. 31. It is also established on evidence, considering the wh..Category: Criminal Law | Date: | Hits: 76
....uiry Committee. As such, the Inquiry, the findings of the Inquiry Committee and the Order imposing punishment are lacking in bona fides and is therefore illegal and liable to be quashed. The error or excess committed by the Respondents or Officers of the University has resulted in manifest injustice...... lawful authority and the same are of no legal effect.
In the result, both the Rules are made without however any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 292...
Category: Others | Date: | Hits: 153
Mahabub Alam Faruq (Md.) and another Vs. Bangladesh, 2009, 38 CLC (HCD)
....nts are further directed to inform this Court about the compliance thereof within 45 days from the date of the receipt of this judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 31.......h is evident from sale deed Annexures-F and F(1). The deed has not been challenged by the Government. So long the decree passed by the Civil Court Annexure-C series are set aside, the respondents are duty bound to receive rent from the petitioner, inasmuch as they have purchased the land from Md. Kh..Category: Property Law | Date: | Hits: 69
State Vs. Giasuddin and 5 others, 1990, 19 CLC (HCD)
....r Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑1 from sections 302/149 of Penal Code. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 267....... not sufficient in the ordinary course to allow passion to subside and reason to prevail. The transaction may well be treated as sudden fight‑Exception 4 applies. 35. In criminal case, it is the duty of the Court to review the entire evidence that has been produced by the prosecution and defenc..Category: Criminal Law | Date: | Hits: 111
Tenu Miah and others Vs. The State, 1990, 19 CLC (HCD)
.... Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑ 1 from sections 302/149 of the Penal Code. Ed. This Case is also Reported in: 43 DLR (1991) 633. ...... not sufficient in the ordinary course to allow passion to subside and reason to prevail. The transaction may well be treated as sudden fight‑Exception 4 applies. 37. In criminal case, it is the duty of the Court to review the entire evidence that has been produced by the prosecution and defenc..Category: Criminal Law | Date: | Hits: 68
Khelu Mia and others Vs. State, 1990, 19 CLC (HCD)
....are acquitted of the charges levelled against them. Let the appellants be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 573. ......e place of occurrence soon after the alarm that was set up by him." 54. Again in the case of Sabdar Ali Vs. The Crown, reported in 5 DLR (FC) 107 it was observed: "In a criminal case, it is the duty of the Court to review the entire evidence that has been produced by the prosecution and the de..Category: Criminal Law | Date: | Hits: 82
Amir Ali & others Vs. State, 1990, 19 CLC (HCD)
....sult, the appeal is allowed and the order of appellants shall be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 43 DLR (1991) 564. ......the FIR form, Ext. 3 and his signature therein, Ext. 3/1. In cross‑examination he stated that he received the ejahar on 11. 11.85. PW 6 Md. Masnad‑e‑Ali stated that on 22.8.85 when he was on duty in the Siddirganj PS as SI, PW 1 Atahar Ali Sk. along with constables brought a truck No. Dhaka..Category: Fiscal/Taxation Law | Date: | Hits: 101
Bangladesh Vs. Dewan Obaidur Reza Chowdhury and Others, 1990, 19 CLC (HCD)
....it‑land was in khas possession of the ex‑rent receiver defendant No. 1 and the same now vested in the Government i.e. the contesting defendant No. 2 under the State Acquisition and Tenancy Act as excess Khas land of the ex‑rent receiver, that the suit‑land was delivered on temporary borga se......are upheld. In the facts and circumstances of the case, there will be no order as to costs. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 43 DLR (1991) 551. ..Category: Property Law | Date: | Hits: 101
Sadharan Bima Corporation Vs. Bangladesh Shipping Corporation & others, 1990, 19 CLC (HCD)
....interests of the parties in any manner whatsoever and the Court will be at liberty to decide the matter independently in accordance with law. Ed. This Case is also Reported in: 43 DLR (1991) 548.......ction 6 their Lordships of the Appellate Division hold as follows: "The section is attracted only when damage is done to the goods, due to negligence, misconduct or breach of contract or breach of duty in relation to the goods. In a series of decisions in England it has been settled now that it g..Category: Admiralty Law or Maritime Law | Date: | Hits: 195
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