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Executive Engineer, LGED, Rangpur Vs. A Latif & Company Ltd, 2004, 33 CLC (HCD)
....ohinderpal and another, AIR 1989 SC 1263; Ghulam Abbas Vs. Trustees of Port of Karachi, PLD 1987 SC 393; Mohammad Eunus & Brothers Vs. Chittagong University, 44 DLR (AD) 296; KM Shafi Limited Vs. Government of Bangladesh, 1983 BLD (AD) 109; State of Orissa Vs. Dhandasi Sahu, AIR 1989 SC 1791; Dh..........................Respondent Judgment April 11, 2004. Result: The Appeal is allowed. Appointment of Arbitrator by the Court Section 20(4) empowers the Court to make an order of reference to the arbitrator appointed by the parties, whether in the agreement or otherwise..Category: Arbitration Law | Date: 11 Apr, 2004 | Hits: 3
Agrani Bank, rep. by the Chairman, BoD, & ors. Vs. Khandaker Badrudduza, 2004, 33 CLC (AD)
.... 14. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ......ppellants Vs. Khandaker Badrudduza ......................Respondent Judgment April 6, 2004. Service Matter Punishment- In modifying the order of dismissal in the manner as stated in the judgment of AAT upon importing the concept of pro..Category: Administrative Law | Date: 6 Apr, 2004 | Hits: 130
Ananda Builders Ltd. Vs. Bangladesh Inland Water Transport Authority and others, 2004, 33 CLC (AD)
....ate. (5) The High Court Division erred in law in holding that there was no legal basis for legitimate expectation by the petitioner as no assurance was ever given either by the BIWTA or by the Government inasmuch as the recommendation made by the committee was assistance by the respondents to......y Sufia Khatun, Advocate‑on‑Record‑For Respondent No. 1. Dispensed with‑ Respondent No.2. Ex parte‑ Respondent No.3. Civil Appeal No.300 of 2002. (From the judgment and order dated 8th May 2001 passed by the High Court Division in Writ Petition No. 5311 of 2000). ..Category: Constitutional Law | Date: 6 Apr, 2004 | Hits: 215
Nurul Huq (Md) @ MN Huq Vs. Nirmal Chandra Dutta & anr., 2004, 33 CLC (AD)
....ave been executed by the respondent and to decide the appeal iii accordance with law. The plaintiff of the suit shall bear the costs of the examination by the Handwriting Expert. Ed. ...... Abdul Wadud Bhuiyan, Senior Advocate, instructed by Md Nowab Ali, Advocate‑on‑Record‑For the Respondents. Civil Appeal No. 150 of 2003. (From the judgment and order dated 25‑6‑2001 passed by the High Court Division in Appeal from Original Decree N..Category: Property Law | Date: 5 Apr, 2004 | Hits: 103
Sec. Min. of Law, Justice & Par. Affairs & ors. Vs. Md. Borhan Uddin and ors., 2004, 33 CLC (AD)
....s Judgment April 5, 2004. The Code of Criminal Procedure, 1898 (V of 1898), section 492 The relationship between the Special Public Prosecutor and the Government being that of a client and a lawyer and that being the accepted position and whose skill...... Judgment Md. Ruhul Amin J.- This appeal, by leave, is against the judgment and order dated June 29, 1999 of a Division Bench of the High Court Division in Writ Petition No. 3005 ..Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 201
SM Jillur Rahman Vs. Bangladesh and ors., 2004, 33 CLC (AD)
....aring of the Sessions Case No. 120 of 1993 of the 3rd Court of Additional Sessions Judge, Dhaka. The appointment was made by the Ministry of Law, Justice and Parliamentary Affairs (Solicitor Wing) Government of Bangladesh by the letter dated June 8, 1997. By the letter dated September 13, 1998 t......). Judgment Md. Ruhul Amin J.- This appeal by leave is against the judgment and order dated June 29, 1999 of a Division Bench of the High Court Division passed in Writ Petition No..Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 259
Shakawat Hassan Vs. State, 2004, 33 CLC (HCD)
.... This Case is also Reported in: 57 DLR (2005) 244. ...... that Court. The learned Magistrate is directed to deal with the prayer for bail of the accused-petitioner in accordance with law. 9. Accordingly, this application is disposed of Communicate the order to the learned Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported ..Category: Criminal Law | Date: 4 Apr, 2004 | Hits: 1
Alauddin Sikder (Md) & anr. Vs. BD and ors., 2004, 33 CLC (AD)
....ort of the petition, Mr. Prabir Haider, the learned Advocate, submits, inter alia, that High Court Division committed error in not considering that the administration and management of a Non‑Government Intermediate College having School Section is vested with Governing Body of the Institut......#8209;on‑Record ‑For Respondent No. 7. Not represented‑Respondent Nos. 1‑6 & 8. Civil Petition for Leave to Appeal No. 249 of 2004. (From the order dated 11 ‑2‑2004 passed by the High Court Division in Writ Petition No. 3939 of 2..Category: Constitutional Law | Date: 31 Mar, 2004 | Hits: 213
Bangladesh Vs. Md. Amjad Ali Mridha & ors., 2004, 33 CLC (AD)
....on Act, 1957 read with paragraph 59 of the Anti‑Corruption Manual. 25. Provision of section 3(2) of Anti-Corruption Act, 1957 reads as: Section 3(2): "Subject to any orders which the Government may make in this behalf, officers of the Bureau shall have throughout Bangladesh in rela......on the ground that the allegation of misappropriation covering a period of more than twelve months and therefore only one case will not be maintainable under the law. The learned Special Judge by the order dated 16‑7‑1995 allowed the prayer of the learned Special Public Prosecutor. Thereupon, th..Category: Anti-Corruption Laws | Date: 30 Mar, 2004 | Hits: 74
Monajjel Hossain Khan Vs. State, 2006, 35 CLC (AD)
....revisional application the High Court Division has not, in any way, committed any illegality warranting interference by this Court. Accordingly, the application for leave to appeal is dismissed. Ed. ......by Md. SR Khoshnabish, Advocate-on-Record—For the Petitioner. Not Represented—Respondent. Criminal Petition for Leave to Appeal No. 55 of 2004. (From the judgment and order dated 3-12-2003 passed by the High Court Division in Criminal Revision No. 1257 of 2003). ..Category: Criminal Law | Date: 24 Mar, 2004 | Hits: 92
Ershad Ali Sikder (Md) Vs. State, 2004, 33 CLC (AD)
....e are in respectful agreement with the aforesaid observation which manifests the correct exposition of law on the subject. The petition is, accordingly, dismissed. Ed. ......e ...........................................Respondent Judgment March 22, 2004. The Constitution of Bangladesh, 1972, Article 105 Unless the impugned order shows error apparent on the face of the record the same cannot be reversed in review basing o..Category: Constitutional Law | Date: 22 Mar, 2004 | Hits: 332
Aftab A (Capt Retired) Vs. SM Kutubuddin being dead his heirs: Nuzhat Banu & ors., 2004, 33 CLC (AD)
....n merit. 12. Accordingly, the appeal is allowed. 13. The First Appeal No. 191 of 1992 is remitted back to the High Court Division for disposal on merit. There is no order as to costs. Ed....... Judgment and Order dated November 5, 1990 passed by the High Court Division in First Appeal No. 191 of 1992). Judgment Md. Ruhul Amin J.- This appeal, by leave, is against the judgment and order dated November 5, 1996 of a Division Bench of the High Court Division in First Appeal No. 191 ..Category: Tenancy Law | Date: 20 Mar, 2004 | Hits: 106
BRTC Vs. Md. Esken Mollick and anr., 2004, 33 CLC (AD)
....as come to a correct decision and there being no error in the said judgment, the appeal has no substance. In the result the appeal is dismissed without any order as to costs. Ed. ......t. Md. Wahidullah. Advocate‑on‑Record‑For Respondent No. 1. Not represented‑Respondent No. 2. Civil Appeal No. 312 of 2001. (From the judgment and order dated 13‑8‑1998 passed by the High Court Division in Writ Petition No. 1805 of 19..Category: Labour and Industrial Law | Date: 16 Mar, 2004 | Hits: 99
Mosharraf Hossain (Md) (Babul) Vs. Bangladesh, 2004, 33 CLC (AD)
....ed in Writ Petition No. 5958 of 2003 summarily rejecting the same. The writ petition was filed impugning Memo, dated September 3, 2003 issued under the signature of Deputy Secretary (Pouro), Local Government Division of the Ministry of Local Government, Rural Development and Co‑operatives ......, Section 13(1) (d) The resolution of no-confidence taken against the petitioner upon due compliance of relevant law and such resolution having been approved by the competent authority, the order of removal of the petitioner from office of chairman does not suffer from any infirmity.&nbs..Category: Constitutional Law | Date: 16 Mar, 2004 | Hits: 269
.... arises does not thereby become an industry as commonly understood. We hardly think in terms of an industry, when we have regard, for instance, to the rights and duties of master and servant, or of a Government and its secretariat, or the members of the medical profession working in a hospital. It w......
Vs.
Md. Afzal Hossain and others ..............................................Respondents
Judgment
March 14, 2004.
Result:
The Rule is made absolute.
The judgment and order was passed illegally and without lawful authority as-the Corporation is neither an industry no..
Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4
Jahangir Alam (Md) alias Zakir Vs. State, 2004, 33 CLC (AD)
.... to 10 (ten) years rigorous imprisonment and to pay a fine of Taka 5,000 in default to suffer rigorous imprisonment for 6 (six) months more. Ed. This Case is also Reported in: 56 DLR (AD) 217. ......ed by ASM Khalequzzaman, Advocate‑on‑Record‑For the Petitioner. Not represented‑The Respondent‑State. Criminal Petition for Leave to Appeal No. 26 of 2003. (From the judgment and order dated 5th November, 2002 passed by the High Court Division in Miscellaneous Case No. 1783 of 1..Category: Criminal Law | Date: 9 Mar, 2004 | Hits: 93
Akram Hossain (Md.) Vs. Sahera Khatun and others, 2004, 33 CLC (HCD)
....nt District Judge is directed to hear and dispose of the suit within a period of three months from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 317. ......vil Revision No.2433 of 2003. Judgment Md. Abdur Rashid J.- The plaintiff obtained the Rule upon making a revision application under section 115(1) of the Code of Civil Procedure against an order dated 15‑4‑03 passed by Joint District Judge, Court No.5 at Dhaka in Title Suit No.229 of ..Category: Contract Law | Date: 8 Mar, 2004 | Hits: 5
Ataur Rahman (Md.) another Vs. Edruc Limited, 2004, 33 CLC (HCD)
.... applications are dismissed. Cases Referred to- Amin Scales Ltd. and another Vs. Md. Yakub, 1987 BLD (AD) 259 = 39 DLR (AD) 201; Haridas Vs. Baroda Kishore, 27 Cal 38; Fardous Chowdhury Vs. Government of Bangladesh, 3 BLC (AD) 213; Bancharam Majumdar Vs. Adyanath Bhattacharja, ILR 36 Cal, ......913 or 1994. In section 24, sub-section (v), the word "debt" finds its place and it has been stated that the company is liable to be wound up when it is unable to pay its debts. So, in order to appreciate the scope of the arguments advanced by the learned Advocates let us examine the ..Category: Company Law | Date: 3 Mar, 2004 | Hits: 8
State Vs. Md. Abu Taber, 2004, 33 CLC (HCD)
....inding on the basis of the evidence to be available with the record. The office is directed to transmit the case record at once. Ed. This Case is also Reported in: 56 DLR (2004) 556. ......ur. Condemned prisoner Md. Abu Taher has faced trial before the Bishesh Adalat in Nari‑o‑Shishu Niriatan Daman Case No. 65 of 1997. The Bishesh Adalat has sentenced him to death by a judgment and order dated 27th day of September, 2001. The condemned prisoner subsequently prefer an appeal from j..Category: Women and Children | Date: 1 Mar, 2004 | Hits: 164
Govt. of BD. rep. by Sec., Min. of Post, T&T & ors. Vs. Abul Khair, 2004, 33 CLC (AD)
.... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Fazlul Karim J MM Ruhul Amin J Md. Tafazzal Islam J Government of Bangladesh represented by the Secretary, Ministry of Post, Telegraph and Tele......9;on‑Record‑For the Petitioner. Md. Sajjadul Hoque, Advocate‑on‑Record- For the Respondent. Civil Petition for Leave to Appeal No. 889 of 2002. (From the order dated 24th April 2002 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No. 57 ..Category: Administrative Law | Date: 23 Feb, 2004 | Hits: 125
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