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Md. Nurul Abedin Vs. Bangladesh, 2010, 39 CLC (AD)

....t­ted plots, standing factory building along with machineries, apparatus, laboratory equipments violating the provisions of Sections 12(3), 69 of Transfer of Property Act, 1882 and also the relevant clause of agreement for hire purchase deed. 7. The High Court Division discharged the Rules a..

Category: Property Law | Date: | Hits: 29

Bangladesh Legal Aid and Services Trust (BLAST) and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)

.... if interrogation is necessary. 24. Next, the use of force to extort information can never be justified. Use of force is totally prohibited by the Constitution. In this connection, we may refer to clause (5) of Article 35 of the Constitution which provides that no person shall be subjected to tor..

Category: Constitutional Law | Date: | Hits: 137

Chairman, RAJUK Vs. Mostafa Kamal and others, 2009, 38 CLC (AD)

....submitted by the tenderer including that of the petitioner on 06.09.2001 in presence of the bidders the petitioner was found to be the highest bid­der for the said plot. It is stated that in view of clauses 2.2 and 2.3 of the tender notice the earnest money of the unsuccess­ful bidder was required..

Category: Limitation Law | Date: | Hits: 154

Bangladesh Water Development and others Vs. Chairman, Divisional Labour Court, Khulna and another, 2009, 38 CLC (AD)

.... as the Government may, by notification in the official gazette, declare to be a commercial establish­ment for the purpose of this Act." 12. Industrial establishment has been defined in Section 2 clause (j) which runs as under: "(j) 'industrial establishment' means any workshop or other estab..

Category: Labour and Industrial Law | Date: | Hits: 110

National Board of Revenue Vs. Intertek Testing Services International Ltd. and another, 2005, 34 CLC (AD)

....to  the Government and as such not liable to be charged with VAT for the service so rendered by the PSI Agencies,  that PS Agencies being an agent of Government as mentioned in paragraph 7, clause 'Gha' of the Second Schedule of the VAT Act the said agency is not liable to be charged with ..

Category: Fiscal/Taxation Law | Date: | Hits: 95

University of Dhaka and others Vs. Md. Jalal Uddin Chowdhury and others, 2009, 38 CLC (AD)

.... in violation of procedure contained in the Dhaka University Order, 1973 (PO 11 of 1973). The learned Counsel also submitted that the High Court Division failed to take into consideration that as per clause-2 of the appointment letter dated 11-5-1997 of the respondent No. 1, appointing authority i.e..

Category: Employment/Service Law | Date: | Hits: 68

Government of Bangladesh and others Vs. Md. Aftabuddin (Retired District and Sessions Judge) and another, 2009, 38 CLC (AD)

....substantive appointment and transfers from the Judicial Service to the Executive Civil Service were made. To such extent the said instrument dated 22.02.2001 was, on face of it, unconstitutional. The clause 5(ঙ) of the Nitimala 2001 provides for parallel appointment of a District Judge to the post..

Category: Constitutional Law | Date: | Hits: 207

M. Ali Asgar Vs. M. Muktar Hossain and others, 2008, 37 CLC (AD)

....misconstrued the provisions of regulation 28 (wrongly mentioned in the impugned judgment as regulation 26) of the Government Servant (Conduct) Rules, 1979 in that the provisions of the said rule in clause (1) does not provide a bar to prose­cute, its intention being to protect the Government ..

Category: Criminal Law | Date: | Hits: 116

M/s International Trade Promotors Vs. Judge, Artha Rin Adalat No. 1 Dhaka & ors, 2008, 37 CLC (AD)

....nt No.3, the auction purchaser, interest at the rate of 12%, on the amount of money which the respondent No.3 deposited in the Court with effect from the date of deposit, and also providing default clause. 2. Facts, in brief, are that Agrani Bank, the respondent No. 2 filed Title Suit No.2..

Category: Civil Law | Date: | Hits: 191

Md. Nazrul Islam Vs. Monzurul Islam Liton and others, 2009, 38 CLC (AD)

....aw laid down by the Appellate Division in the case reported in 39 DLR (AD) 85. The writ petitioner-respondent having signed the tender bid agreeing that he will abide by the terms of the tender and clause 5 of the tender schedule having stipulated: 'চুক্তি÷..

Category: Civil Law | Date: | Hits: 149

Moyez Uddin Sikder and others Vs. State, 2007, 36 CLC (HCD)

....ill inform the Supreme Court about the time extension in writing and send a copy thereof to the government. (3) If the settlement of the case becomes impossible within the period mentioned in sub-clause (2) due to some legitimate reason, the court or tribunal, by notifying the reason, can take e..

Category: Criminal Law | Date: | Hits: 101

State Vs. Chandan Ali and others, 2009, 38 CLC (AD)

.... such convict­ed the accused Chand Ali, Zakir Hossain Biswas and Amanat Mollah and acquit­ted the rest thereunder and sentenced them to imprisonment for life and to pay a fine with default clause. As against this, the petitioner preferred the afore­said Criminal Appeal before the Hig..

Category: Criminal Law | Date: | Hits: 68

Bangladesh Power Development Board & ors Vs. M/s. Arab Contractor, (BD) Ltd & ors, 2009, 38 CLC (AD)

....tract (Which was incorporated into the said agreement dated 30.03.2000) provid­ed for arbitration between the petitioner No.1 and the said Joint Venture in the event of dispute. The arbitration clause stated as follows:-  "The Employer and contractor should amicably sett..

Category: Alternative Dispute Resolution | Date: | Hits: 344

Administrator of Waqfs, Bangladesh and other Vs. Shah Mohammad Alinoor & others, 2009, 38 CLC (AD)

....walli and enclosing a copy of the said Power of Attorney dated 7.5.2002 requested the petitioner to approve the same; the respondent No.9 before leaving for USA for treatment, as per the provision of clause 21 of the Waqf Deed, also executed a deed appointing him as the sole Mutawalli in his place a..

Category: Trust/Waqf Law | Date: | Hits: 518

A.K. Reazul Karim Vs. State, 1983, 12 CLC (AD)

....n attempted to provide the Bureau with the power of enquiry into and investigating offences committed in the course of import and export of goods into and from Bangladesh. Apparently the provision in clause (4) of the Notification would seem to have conferred concurrent jurisdiction on the Bureau of..

Category: Fiscal/Taxation Law | Date: | Hits: 129

Government of Bangladesh and others Vs. Md. Abdul Halim Miah and (3) others, 2003, 32 CLC (AD)

....n list issued and published by respondent Nos. 2 and 8 in the Bangladesh Gazette on 23.11.1999 placing writ respondent Nos. 11-79 in serial Nos.115 to 183 therein (Annexure-'N') and the remarks under clause 9 of the gradation list against the names of the writ petitioner respondents to be uncon­sti..

Category: Employment/Service Law | Date: | Hits: 118

Shahriar Rashid Khan and other Vs. Bangladesh and others, 1998, 27 CLC (AD)

....isfied that circumstances exist which render immediate action necessary; NOW, THEREFORE, in pursuance of the Proclamation of the 20th August, 1975, and in exercise of the powers conferred by clause (1) of article 93 of the Constitution of the People's Republic of Bangladesh, the President ..

Category: Constitutional Law | Date: | Hits: 167

Superintendent Engineer, RHD Sylhet & others Vs. Md. Eunus & Brother (Pvt) Ltd. & ors, 2009, 38 CLC (AD)

....icularly, when treasury challan evi­dencing the renewal of their registration, was submitted with the bid The learned Attorney General further submitted that the High Court Division failed to notice clause 2.6.1 of Volume I of 4 which clear­ly provided as follows 'Information relat­ing to examina..

Category: Civil Law | Date: | Hits: 212

A.T.M. Nasiruddin & ors Vs. Abdul Khaleque being dead his heirs: MA Malek & ors, 2009, 38 CLC (AD)

....ession of the suit premises to the petitioners and that the monthly rent was fixed at Tk.400/- along with service charge against water, sewerage, ground rent etc against each shop and there is also clause in the covenant providing that if the petitioners failed to pay six months rent, the plainti..

Category: Property Law | Date: | Hits: 48

Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Five

....e appellants do not come within the mischief of mutiny. 648. Clause (a) of Section 31 of the Army Act relates to the substantive offence of mutiny and insubordination, while other three sub-clauses (b), (c) and (d) relate to the abetment of the offence of mutiny. In order to bring an offe..

Category: Criminal Law | Date: | Hits: 228