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Abdul Malek Vs. District Co-operative Officer, Cox’s Bazar and others, 1997, 26 CLC (HCD)

....en made without lawful authority and is of no legal effect. In the facts and circumstances of the case there no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 426. ......4/770/1(7) dated 28-6-1988 passed an order of ad interim injunction restraining the respondent Nos. 3-8 from realising arrear dues, cancellation of membership of the petitioner and other disciplinary actions against the petitioner excepting cancellation of his lease of the project till hearing of th..

Category: Civil Law | Date: | Hits: 128

Mahboob Uddin Ahmed Vs. Bangladesh Election Commissioner, and others, 1998, 27 CLC (HCD)

....pondent No.1 Bangladesh Election Commission at once addressing it to the Chief Election Commissioner, Bangladesh Election Commission. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 417. ......ty and in such manner as maybe provided for by or under any law made by Parliament.” 26. From the above it appears that Articles 125(a) which deals with pre-election matters imposes a bar on any action in any Court challenging the validity of any law relating to the delimitation of constituenci..

Category: Election Law | Date: | Hits: 162

Jiban Bima Corporation Vs. Mustafa Hussain & another, 1997, 26 CLC (HCD)

....ost of Taka 2,000.00. The impugned judgment and decree are affirmed. Let the records of the Courts below be sent down immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 411. ......2 years and fine of Taka 1,00,00.00 in default further Rigorous Imprisonment for 1 year more by its order dated 18-8-82. A copy of the said order was forwarded to the Corporation for taking necessary action and accordingly, the Corporation in its Board meeting took resolution dismissing the plaintif..

Category: Employment/Service Law | Date: | Hits: 182

Sazedur Rahman (Md.) Vs. Secretary, Ministry of Establishment, 1998, 27 CLC (HCD)

....is discharged without any order as to cost. The operation of this Judgment be stayed for a period of 15 (fifteen) days from today. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 407. ...... virtue of his previous experience as a Deputy Director and seniority by five and half years. 3. While the petitioner was discharging his duties as the Director of the said department to the satisfaction of all concerned, he came to know about a Memo No. SHOMHO/IJNI-4/1(26)- 17-6-97/71 dated issu..

Category: Administrative Law | Date: | Hits: 326

Mostafa Kamal Vs. Chief Election Commissioner and others, 1997, 26 CLC (HCD)

....l before filing of the present Writ Petition before this Court. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 260. ...... it must be exhausted before one can obtain any relief under Article 102 of the Constitution for the remedy provided by this Article is not intended to be a substitute for the ordinary forms of legal action. It is undisputed that the present petitioner filed an Election Petition on 2-1-93 before ..

Category: Election Law | Date: | Hits: 154

Aftabuddin (Md.) Vs. State and others, 2010, 39 CLC (HCD)

....y to the Law Commission, Old High Court Bhaban. Communicate the order at once to the Court concerned for information and compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 235....... 4 of the Code, we find that the word 'com­plaint' has been defined as follows— "(h) "Complaint". Complaint means alle­gation made orally or in writings to a Magis­trate with a view to taking action under this Code, that some person whether known or unknown, has committed on offence, but it ..

Category: Criminal Law | Date: | Hits: 79

Humayun Hossain Khan Vs. Bangladesh & others, 2011, 40 CLC (HCD)

....iscretion given to it by section 47 of the Ain, 2003. With the above observations this appeal is dis­missed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 88, 18 MLR (AD) (2013) 5. ......y the Artha Rin Adalat in passing the impugned Order. The plaintiff-bank, as it appears while carrying out its banking business advanced loan to the appellant which he failed to repay giving cause of action to it to file the suit for realization of its outstanding dues and in doing so we do not see ..

Category: Civil Law | Date: | Hits: 138

Abdul Kashem and another Vs. Bangladesh, 1994, 23 CLC (HCD)

.... before the appropriate Customs Officer. In the premises discussed above, the Rules are discharged but without any order as to costs. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 57.......d cannot ask for duties which is contrary to the promise but if the exemption or grant of immunity is without any condition, it falls within the purview of section 21 of the General Clauses Act which action can be taken at any time by the Government and such action cannot be called in question befor..

Category: Fiscal/Taxation Law | Date: | Hits: 155

Chittagong Port Autho­rity Vs. Ananda Shipyard and Slipways Ltd., 2010, 39 CLC (HCD)

.... award hereby set aside. Accordingly award dated 9-3-06 is hereby set aside. The office directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 226. ......trator cannot act arbitrarily, irrationally capriciously or independent of the contract-Award deliberately departing from the contract, apart from constituting misconduct also consti­tutes mala fide action-Award made disregarding the contract goes to the root of jurisdiction of the Arbitrator. A..

Category: Alternative Dispute Resolution | Date: | Hits: 334

Didar Ali and others Vs. Naziur Rahman, 1998, 27 CLC (HCD)

.... Let a copy of this order be communicated to the learned Assistant Judge, 3rd Court, Dhaka for his information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 451.......ordance with law and then to proceed with the suit in pursuance thereof. Let a copy of this order be communicated to the learned Assistant Judge, 3rd Court, Dhaka for his information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 451...

Category: Procedural Law | Date: | Hits: 81

Government of the People's Republic of Bangladesh Vs. Rahima Begum and others, 2008, 37 CLC (HCD)

....irmed. Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 430. ......t Judge. Third Court, Jessore. In Title Appeal No.90 of 1998 is hereby affirmed. Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 430. ..

Category: Property Law | Date: | Hits: 98

Ekram Ali Fakir and three others Vs. Abdus Samad Biswas, 1994, 23 CLC (HCD)

....f the Court of appeal below. Let a copy of this order be sent to the Sessions Judge, Jessore, for information and necessary action. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 53. ......his order. The Court of appeal below shall give chance to the parties to place their respective cases, if they so desire. The 4 petitioners may, pending disposal of the appeal, find bail to the satisfaction of the Court of appeal below. Let a copy of this order be sent to the Sessions Judge, Jess..

Category: Criminal Law | Date: | Hits: 85

Anwar Hossain Khan Vs. Speaker of Bangladesh Sangsad Bhavan and others, 1994, 23 CLC (HCD)

.... absentee members of the parliament without leave of the Parliament is recoverable by appropriate authority upon the processes of law. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 42. ......at if the respondent No. 4 has ceased to be a member of the Parliament then the law will operate on its own motion and the Speaker and the Parliament Secretariat are the authorities to take necessary action in this regard and no declaration is required by this Court. Whether a member of the Parliame..

Category: Constitutional Law | Date: | Hits: 344

Indu Mod Howlader Vs. Additional Deputy Commi­ssioner and others, 1997, 26 CLC (HCD)

....Mr. Ranjan Kumar Saha, Assistant Judge, Wazirpur, Barisal in Title Suit No.87 of 1988 is hereby confirmed without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 444.......ment of compensation for establishment of Hat and Bazar. 15. With regard to the inclusion of suit plot No.755 as vested property, I do not find any evidence and materials on record to justify such action by the vested property authority. On the other hand, the plaintiff‑petitioner has been able..

Category: Property Law | Date: | Hits: 84

Advocate Md. Abdul Hamid Vs. Md. Fazlur Rahman, 1997, 26 CLC (HCD)

....hearing the learned Advocate for the petitioner, we find no merit in this application. So, this application is rejected summarily. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 441. ......iven, the Court finds that there is sufficient material to hold a person guilty of a corrupt practice, the Court may then issue a notice to him to show cause under section 99 and proceed with further action. Relying on these four decisions the learned Advocate for the petitioner submits that the Tri..

Category: Election Law | Date: | Hits: 247

Government of Bangla­desh and others Vs. Jahangir Alam & others, 2011, 40 CLC (AD)

....n law but is just in fact. In the result, all the appeals are dismissed but without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 115; 32 BLD (AD) (2012) 145. ...... that part of the recent evolution of our administrative law which may enable an aggrieved party to evoke judicial review if he can show that he had "a rea­sonable expectation" of some occurrence or action preceding the decision com­plained of and that "reasonable expecta­tion" was not in the eve..

Category: Employment/Service Law | Date: | Hits: 208

Md. Zahurul Islam Vs. Deputy Commissioner, Kushtia and others, 2012, 41 CLC (AD)

....infirmity in the judgment and decree of the High Court Division in dismissing the suit. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 106. ......blished on the land earlier transferred by him to the Government and the same being within the periphery of the said bazar was taken over by Upazila Parishad. We do not see any illegality in the said action of the Upazila Parishad. In view of the discussions made above, we do not find any legal i..

Category: Property Law | Date: | Hits: 105

State Vs. Dr. Md. Nurul Islam, 2011, 40 CLC (HCD)

.... a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ...... directed to surrender before the Court below at once. Let the Lower Court Records, along with a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 104

State Vs. Md. Saiful Huq @ A. Saiful and 6 others, 2012, 41 CLC (HCD)

....Send down the Lower Court Records with a copy of this judgment and order at once for information and necessary action. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ......ganj, District-Dhaka, the warrants of arrest issued against them be recalled at once. Send down the Lower Court Records with a copy of this judgment and order at once for information and necessary action. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 93

Shainpukur Holding Ltd. Vs. Security Exchange Commission, 1997, 26 CLC (HCD)

....the criminal proceedings pending before the CMM Dhaka. In the result, the References are rejected and order of stay stands vacated. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 291. ......plication of its mind to the allegations made in the petition of complaint that there is ground for taking cognizance of the offence alleged against the accused and such application of mind and satisfaction must be expressed in the order taking cognizance. He further submitted that report mentioned ..

Category: Business or Commercial Law | Date: | Hits: 219