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Engineer A. B. Siddique Vs. Kazi Akramuddin and others, 2011, 40 CLC (AD)

....paration of paper book is dispensed with as prayed for. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 279.......estion to him. Writ-respondent No.7 obtained certified copy of the order of dismissal on 27.7.2004 and submitted the same to the Ministry of Housing and Public Works on 31.7.2004 for taking necessary action. After submitting the certified copy of the order of dismissal for default of the said appeal..

Category: Property Law | Date: | Hits: 79

Mampower Ltd. Vs. Artha Rin Adalat No.2, Dhaka and another, 2011, 40 CLC (AD)

....tions made by the High Court Division could not be sustained and accordingly they are expunged. The petition is disposed of with the above observations. Ed. This Case is also Reported in: ......ed in the suit and filed written statement and an application under Order 7 Rule 11 of the Code of Civil Procedure for rejection of the plaint on the ground of misjoinder of the parties and causes of action. In that application the petitioner stated that since the defendant Nos.1 and 2 are two separ..

Category: Procedural Law | Date: | Hits: 112

Chief Engineer, the Local Government and Engineering Department Vs. Sanjoy Kumar Halder and others, 2011, 40 CLC (AD)

....g been made on proper appreciation of laws and facts do not call for interference. Accordingly, all the leave-petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 174. ......ng up 195 posts of Sub Assistant Engineer/Draftsman. 6. Being aggrieved by and dissatisfied with the impugned advertisement dated 06.07.2008 so far as it relates to the writ petitioners and the inaction and failure of the writ respondents to absorb and regularize the writ petitioners in the reve..

Category: Others | Date: | Hits: 172

Dr. Professor MA Hadi Vs. Bangladesh and others, 1997, 26 CLC (HCD)

....e the writ petition is discharged on the ground of maintainability we do not think it is necessary to go into the merits of the case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 218. ...... the teamed Advocate for the respondents has referred us to the case of Controller of Examination Vs. Mohiuddin reported in 44 DLR (AD) 305 wherein it has been held that if a person is affected by an action of the University authority he will be a person under Article 52 of President’s Order 11 of..

Category: Employment/Service Law | Date: | Hits: 120

Raquibuddin Ahmed Vs. SAM Iqbal and another, 1997, 26 CLC (HCD)

....the Chief Metropolitan Magistrate, Dhaka, and the Officer-in-Charge, Ramna Police Station, Dhaka, for information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 209.......iolated and this letter dated 9-5-1995 is annexed an Annexure-21 to the affidavit-in-reply. 9. On the same day by letter dated 9-5-95 the Ministry of Shipping directed the BSC to take disciplinary action against the officer who earlier made correspondence with the Ministry unauthorisedly in the m..

Category: Others | Date: | Hits: 142

Rieta Rahman Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Government of People’s Republic of Bangladesh and others, 1996, 25 CLC (HCD)

....release the detenu forthwith if not wanted in connection with any other case. Let an advance order of release be issued immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 201.......d ground No.1 which is given in several sentences in one paragraph. Prima facie, it appears to us that the grounds are absolutely vague, indefinite and unspecified and no time, no date, no particular action, no place of occurrence and no other particulars have been given in the grounds of detention ..

Category: Criminal Law | Date: | Hits: 76

Dayal Chandra Mondal and others Vs. Assistant Custodian of Vested and Non-Resident Properties (L&B) and Additional Deputy Commissioner (Revenue), Dhaka and others, 1997, 26 CLC (HCD)

....e Court of Munsif, Savar in Dhaka is hereby decreed. There shall be no order as to costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 186....... Vested Properties who is a much lessor officer and subordinate to the SDO could wishfully throw away the definite recommendation of the SDO for release of the suit property by substituting the satisfaction of the SDO by his own satisfaction without any further material before him and the learned AD..

Category: Property Law | Date: | Hits: 111

Khodeja Begum & others Vs. Md. Sadeq Sarkar, 1994, 23 CLC (HCD)

....stitution of conjugal rights at present and in future filing of such suits. Let the records of this case be sent down immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 181. ......men employees as follows: “Women equally with men are endowed with the fundamental and inalienable rights of liberty and property, and these rights cannot be impaired or destroyed by legislative action under the pretence of exercising police power of the State. Difference in sex alone does not ..

Category: Family Law | Date: | Hits: 185

Commissioner of Income-Tax Vs. M/S. Jamiluddin Corporation Ltd., Bogra, 1979, 8 CLC (AD)

....mputing the total income to the assessee. In the result, therefore, the appeals are dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 242.......ssessee-company held on 15.7.59. The Appellate Assistant Commissioner observed that the managed companies had made profit and the assessee company decided to forego the claim for commission but "this action is not for business consideration''. 4. The Income Tax Appellate Tribunal considered the a..

Category: Fiscal/Taxation Law | Date: | Hits: 124

University Grants Commission and another Vs. University of Information Technology and Science and another, 2012, 41 CLC (AD)

....ty Grants Commission (respondent No.2)" is stayed for a period of two months from date. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 161; 17 BLC (AD) (2012) 84; 32 BLD (AD) (2012) 169. ......Commission along with papers to give approval to the campuses at Rajshahi and Chittagong but in spite of several reminders, the respondents have not given approval to those campuses. In view of the inaction of the respondents several thousand students belonging to middle class family along with the ..

Category: Others | Date: | Hits: 197

New Dacca Industries Ltd. Vs. Quamrul Huda & others, 1979, 8 CLC (AD)

....ons stated above we allow this appeal without any order as to costs. The judgment of the High Court is set aside and the writ re-called. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 234.......the Government, care has been taken to protect the corporate existence of the company both from the mischief of being wound up under the Companies Act because of the legislative changes, and from any action being taken under the Memorandum or Articles of Asso­ciation of the company affecting in any..

Category: Employment/Service Law | Date: | Hits: 104

Atahar Ali Sarder & others Vs. State, 1978, 7 CLC (AD)

....hase from the prosecution witnesses an admission in their cross-examination." In the result, therefore, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 227. ......appreciation of evidence which are not all rules of law, the superior Courts should deprive the Judges of the lower Courts who have to decide on conflicting evidence "of that freedom of reasoning and action which is the first requisite of a judicial investiga­tion". Same view was expressed by Akram..

Category: Criminal Law | Date: | Hits: 107

Shafiqur Rahman and others Vs. Nurul Islam Chow­dhury and others, 1982, 11 CLC (AD)

....cessary to make any further observation in this regard. Order of the Court. By the majority judgments, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 127. ......be the result of confusion and absence of proper application of the legislative mind which, in our opinion, can be removed by further amendments of these two sections. 11. Pending such legislative action for amending the provisions of section 439 for removing the anomaly or conflict between the p..

Category: Others | Date: | Hits: 135

Abu Saber Aziz Mohammad and others Vs. Government of Bangladesh and others, 1976, 5 CLC (AD)

....manded to the trial Court for disposal in the light of the observa­tion made above. There will be no order as to costs in this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 218.......he law of accretion in favour of defendants No.2 to 4's title to the lands in suit. The averments in the plaint itself show that the disputed Schedule A lands were char lands thrown up by the fluvial action of the river Jhur Jhuria as a gradual alluvial formation contiguous of two mouzas namely, Kac..

Category: Property Law | Date: | Hits: 75

Abdul Mannan and others Vs. Kulada Ranjan Mowali and others, 1977, 6 CLC (AD)

....urt fees payable on the Memorandum of Appeal so treated within six months from the date of the arrival of the records in the High Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 195.......d to the Court of Subordinate Judge, Patuakhali and registered as Title Suit No.146 of 1969. This suit was, however, withdrawn on 3.8.71 with permission to institute a fresh suit on the same cause of action and Title Suit No.3 of 1972 was there­after filed on 24.1.72 in the Court of the Subordinate..

Category: Property Law | Date: | Hits: 133

Md. Akram Ali Pk. and others Vs. Md. Yasin Ali and others, 2012, 41 CLC (AD)

....wing amendment is restored. The trial Court is directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 135; 17 MLR (AD) (2012) 242. ......ded in D.P. Khatian in respect of the suit ponds. In fact, the petitioners and the general public have been enjoying the possession of the said ponds in exercise of their easement right. The cause of action of the suit arose on 15.11.2000 when the defendants-respondents obstructed the petitioners fr..

Category: Procedural Law | Date: | Hits: 100

Nurun Nabi (Md.) Vs. Md. Abu Taher Khan and another, 2009, 38 CLC (HCD)

....usly as may be Practicable. The order of stay granted earlier by this Court shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 317. ......prescribed by the law. He further submits that in this case, a single notice of demand being served for all the 3(three) cheques and the demand being not satisfied, there has arisen a single cause of action for lodging a single complaint, as contemplated under section 141(1) of the Negotiable Instru..

Category: Criminal Law | Date: | Hits: 86

Hanif Shaikh (Md) Vs. Government of Bangla­desh and others, 2004, 33 CLC (HCD)

....nced by Annexure E to the writ petition, is hereby declared to have been passed and issued without lawful authority and of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 645. ......n has been made nor there was any occasion to attract any of the said four (4) criteria of section 20 of the said Act. It has been submitted that if there be any false news published in the newspaper action may be taken under section 31 of the Act apart from application of provisions of the Penal Co..

Category: Information Technology Law | Date: | Hits: 282

National Life Insurance Company Ltd. Vs. Controller of Insurance, 2002, 31 CLC (HCD)

....€‘3‑1999 by the respondent imposing fine upon the petitioner is declared to have been done without lawful authority and of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 624.......ormed that by not amending the Articles of Association as required by the respondent the Company was in breach of the provisions of the Insurance Act and also asked to show cause by 25­10‑1998 why action should not be taken against the petitioner and, in reply, the petitioner wrote by Memo dated ..

Category: Business or Commercial Law | Date: | Hits: 271

Tareq Shamsul Khan alias Himu & others Vs. State, 2004, 33 CLC (HCD)

.... ‑Criminal Procedure, is set aside. Send a copy of this judgment to the Tribunal concerned at once for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 622.......sion has been pleased to issue Rule and stay all further proceedings of the case and, in continuation of his submission, he submits that since all the aforesaid three cases arise out of same cause of action and the parties are almost same inasmuch as alamats of the cases are common, in such circumst..

Category: Criminal Law | Date: | Hits: 71