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Mobarak Ali Vs. BD House Building Fin. Corpn. & anr. 2003, 32 CLC (AD).

....on of principle natural justice has no merit.  In view of the discussion made hereinbefore find no substance in this petition. Accordingly, the petition is dismissed.  Ed. ......mpulsory retirement he preferred appeal but the same was rejected. Thereafter he filed the case before the Administrative Tribunal and the Tribunal set aside the order of compulsory retirement on the view that the petitioner was denied opportunity of self-defence and thereby there was violation of p..

Category: Administrative Law | Date: 24 Jul, 2001 | Hits: 111

Reazuddin (Md.) and another Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)

....ration must be published. Ed. This Case is also Reported in: 57 DLR (2005) 698.                   ......ower given to the Chief Control coupled with the duty to exercise that discretion or power in the manner prescribed and upon conditions therein mentioned or implied. Such authorities are bound, in my view, by the rule expressed in the maxim audi alteram partem and cannot condemn any person with cons..

Category: Constitutional Law | Date: 19 Jul, 2001 | Hits: 2

Sahera Khatun and others Vs. Abdul Gaffar @ Abdul Gaffar and others, 2003, 32 CLC (AD).

....sp; The appeal is accordingly, dismissed without costs.   Ed.   Same Case Cited in:  55 DLR (AD) (2003) 79.  ...... according to its tenor and cannot entertain any objection that the decree was incorrect in law or facts. Reference in this regard may be made to the case of Vasuder vs. Rajabdar AIR 1970 SC 1475. In view of this, we do not find any possible reason to differ from the finding Of the High Court Divisi..

Category: Procedural Law | Date: 8 Jul, 2001 | Hits: 91

BD Water Dev. Board & ors Vs. Chairman, Divisional Labour Court, Khulna & ors, 2003, 32 CLC (AD)

....sation of the benefits consequent upon retirement of the deceased worker, the predecessor of the respondent Nos. 2(a) to 2(e).  The petition is accordingly, dismissed. Ed. ......r this section observing the procedure but the deceased worker, the predecessor­-in‑interest of the substituted respondent Nos. 2(a) to 2(e) having been retired do not come within the purview of a worker mentioned therein. But the worker is entitled to all the benefits consequent upon ..

Category: Employment/Service Law | Date: 4 Jul, 2001 | Hits: 78

MA Mazid Vs. Md. Abdul Motaleb, 2001, 30 CLC (HCD)

....wali) now pending in the Court of Magistrate, 1st Class, Dinajpur is hereby quashed. Send a copy of the judgment to the Court concerned. Ed. This Case is also Reported in: 56 DLR (2004) 636. ......se the cheque was presented to the bank after expiry of 6 months from the date of drawing of the cheque. So, obviously this case under section 138 of Negotiable Instruments Act is not maintainable in view of the restriction imposed by proviso (a) to the said section. So, the proceeding is liable ..

Category: Banking Law | Date: 3 Jul, 2001 | Hits: 267

Sirajul Hoque and other Vs. BIWTA rep. by its Chairman and others, 2002, 31 CLC (AD)

....ed timetable to be illegal and without any lawful authority. The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 30. ......ed timetable to be illegal and without any lawful authority. The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 30. ..

Category: Admiralty Law or Maritime Law | Date: 3 Jul, 2001 | Hits: 173

Privatisation Board Vs. AK Fazlul Huq & ors., 2003, 32 CLC (AD).

....ment is otherwise legally sustainable, hence on modification of that part of judgment and order of the High Court Division by way of deleting the same the petition is dismissed.  Ed. ...... the payment whereof direction has been made by the High Court Division. Reasoning that has been made the basis by the High Court Division for making the direction for the payment of interest, in our view, is not legally sound one and as such this part of the judgment of the High Court Division need..

Category: Business or Commercial Law | Date: 24 Jun, 2001 | Hits: 135

Mohashin Ali Pramanik Vs. State, 2001, 30 CLC (HCD)

....to accused petitioner is restored. The accused petitioner be released on bail on the same bail bond furnished by him on 3‑5‑2000. Ed. This Case is also Reported in: 55 DLR (2003) 259. ...... already granted is quite another thing. It is easier to resist a bail Application in a non-bailable case than to cancel a bail granted in such a case. Cancellation of bail necessarily involves the review of a decision already made, and can by and large be permitted only if, by reason of supervening..

Category: Criminal Law | Date: 3 Jun, 2001 | Hits: 46

Abdur Noor and others Vs. Mahmood Ali and others, 2002, 31 CLC (AD)

.... interference. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 67. ...... interference. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 67. ..

Category: Tenancy Law | Date: 3 Jun, 2001 | Hits: 75

Gazi M Towfic Vs. Agrani Bank and others, 2001, 30 CLC (AD)

....cree. The High Court Division therefore rightly rejected the application summarily. The leave petition is dismissed. Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 6.  ......cree. The High Court Division therefore rightly rejected the application summarily. The leave petition is dismissed. Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 6.  ..

Category: Business or Commercial Law | Date: 29 May, 2001 | Hits: 145

Government of Bangladesh Vs. Mirpur Semipucca (Tin-shed) Kalayan Samity & others, 2001, 30 CLC (HCD)

....mmunicated to Mr. Md. Nurul Islam then Subordinate Judge, Dhaka by name at his present assignment for his perusal and future guidance. Ed This Case is also Reported in: 54 DLR (2002) 364. ......efendants as per report of defendant No. 2 Chief Engineer, Housing and Settlement, Segun Bagicha, Dhaka vide Memo No. 3/344/1007 dated 7-5-92, also to make further direction to the defendants that in view of the plaintiff’s social and financial status the defendants can realise the actual cost..

Category: Evidence Law | Date: 21 May, 2001 | Hits: 183

Hossain (Md) and others Vs. Dildar Begum and others, 2003, 32 CLC (AD).

....aside abatement.   The will be no order as to costs.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 60. ......aside abatement.   The will be no order as to costs.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 60. ..

Category: Procedural Law | Date: 19 Feb, 2001 | Hits: 106

Hosna Ara Begum others Vs. Montaj Ali and ors. 2003, 32 CLC (AD).

....sion in Civil Revision No. 1200 of 1996 are set aside and the judgement and decree dated 8-11-1995 passed by the SCC Judge, Sadar, Sylhet, in SCC Suit No. 3 of 1992 are restored.  Ed. ......sion in Civil Revision No. 1200 of 1996 are set aside and the judgement and decree dated 8-11-1995 passed by the SCC Judge, Sadar, Sylhet, in SCC Suit No. 3 of 1992 are restored.  Ed. ..

Category: Civil Law | Date: 15 Jan, 2001 | Hits: 163

Abdur Rouf Chowdhury Vs. Abdul Hashem (Hashu) and another, 2000, 29 CLC (HCD)

....t and order and accordingly no interference is called for. In the result, the Rule is discharged without order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 458. ......y, no interference is at all called for. Mr. Chowdhury next submits that the plaintiff on one hand, claimed possession of the suit plot and, on the other hand, resisted local inspection and so he, in view of the principle laid down in the case of Nur Banu Vs. Noor Mohammad reported in 35 DLR (AD) 18..

Category: Property Law | Date: 17 Oct, 2000 | Hits: 136

Azibor Mollick Vs. State, 2000, 29 CLC (HCD)

....ent petitioner is quashed. Let the convict-petitioner Azibor Mollick be set at liberty at once if not wanted in any other connection. Ed. This case is also Reported in: 52 DLR (2000) 576. ......hem anything about the involvement of the present petitioner and the victim herself as P.W.5 did not also say anything against the present convict-petitioner. Considering such evidence, we are of the view that the conviction is not based on any legal evidence and the conviction of the present petiti..

Category: Women and Children | Date: 9 Aug, 2000 | Hits: 82

State Vs. Babul Hossain, 2000, 29 CLC (HCD)

....t an advance order of release in respect of the condemned prisoners be sent to the District Magistrate, Chandpur. Send down the records. Ed. This Case is also Reported in: 52 DLR (2000) 400. ......ubmission the Learned Deputy Attorney-General has referred us to the case of Nurjahan Begum Vs. State reported in 42 DLR (AD) 130. Law is settled now. As such there is no question of taking any other view as to the dying declaration other than the one as submitted by the learned Deputy Attorney-Gene..

Category: Women and Children | Date: 4 May, 2000 | Hits: 115

Editor, Banglabazar Patrika and two others Vs. District Magistrate and Deputy Commissioner, Nagaon, 2000, 29 CLC (HCD)

....ected to send the copies of this judgment to the Ministries of Home, Law, Education and Religious Affairs immediately. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......s carpet and declared that the man was making a plaything of the words of God and made him take back his wife.” (Quoted from Muhammedan law, by Syed Ameer Ali, Vol. II, 5th Edn, page-474). 7. In view of the aforesaid factual and legal position, we hold that the marriage between Saiful and Sahid..

Category: Family Law | Date: 1 Jan, 2000 | Hits: 240

Sunderban Taxtils Mills Vs. The Commissioner of Taxes, 1999, 28 CLC (HCD)

....ences in question are fit cases to be taken to the Appellate Division and the prayer for certificate is, therefore, refused. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 57. ...... was disclosed at Tk. 5,32,13,051/- but the Deputy Commissioner of Taxes assessed the net income at Tk. 5,71,00,673/- and no tax was charged on the business income amounting to Tk. 4,45,65,030/- in view of enjoyment of Tax Holiday by the applicant but assessed tax on the "income from other sourc..

Category: Fiscal/Taxation Law | Date: 8 Dec, 1999 | Hits: 9

Bangladesh Paribar Parikalpana Samity Vs. Bangladesh Paribar Parikalpana Samity Karmachari Union and others, 1999, 28 CLC (HCD)

....the Union of employees of the samity as Trade Union are declared to have been made without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 151.......finition of Industry as given in section 2(XIV) of the Ordinance, Although in the reported case ratio decidendi of some of the cases considered in the case reported in 43 DLR was not accepted and the view as was expressed in what situation an Organisation would be considered an Industry but the Hon..

Category: Labour and Industrial Law | Date: 18 Nov, 1999 | Hits: 2118

Prativa Rani Dey Tirtha Vs. Dr. Mohammad Yousuf, Chittagong Medical College & Others, 1999, 28 CLC (AD)

.... of 1996 is also set aside. The learned Divisional Special Judge is hereby directed to proceed with the case in accordance with law. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 8. ......47. The amendment was made in 1987 by Ordinance No. 3 of 1987. From the judgment of the High Court Division it appears that there was non-application of mind while disposing of the matter and that in view of the amendment of section 6(1) of the Act making Chapter XXXVIII of the Code of Criminal Proc..

Category: Anti-Corruption Laws | Date: 10 Aug, 1999 | Hits: 94