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Ali Asgar Khan, Registrar, Supreme Court of Bangladesh Vs. Md. Anwarul Islam, 2004, 33 CLC (AD)
....rt of the judgment of the High Court Division. 7. Section 476, Cr. PC provides that an enquiry should be made into any offence referred to in Section 195 Cr.P.C. sub-Section 1 closes (b) or clause (c) which appears to have been committed in or in relation to a proceeding in that court. Se..Category: Criminal Law | Date: | Hits: 49
Giasuddin Quader Chowdhury Vs. ABM Fazle Karim Chowdhury and others, 2002, 31 CLC (AD)
....ules for regulating the practice and procedure of each Division of the Supreme Court and of any court subordinate to it. (2) The Supreme Court may delegate any of its functions under clause (1) and article 113 to a division of that Court or to one or more Judges. (3) Su..Category: Election Law | Date: | Hits: 312
Administrator, Gammon Bangladesh Ltd. Vs. Tota Mia and others, 2002, 31 CLC (AD)
....Mahmudul Amin Chowdhury and Mr. Justice Bazlur Rahman Talukder on 7.2.1996 recorded an order in Lawazima matters to supply correct address of the plaintiff respondent within 2 weeks with a default clause of discharge of the Rule. 7. The learned Advocate Mr. Waliur Reza Chowdhury had to be..Category: Procedural Law | Date: | Hits: 94
Government of Bangladesh Vs. Md. Anwarul Islam, 2002, 31 CLC (AD)
....late Tribunal as aforesaid as hereby deleted and the appeal is accordingly disposed of. No order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 390. ..Category: Administrative Law | Date: | Hits: 103
Md. Saiful Islam and another Vs. Sheikh Hasanul Huq and others, 2004, 33 CLC (AD)
....the Rule absolute declaring the impugned order dated 24.11.1993. Annexure-E void and without lawful authority because of violation of the principle of natural Justice as well as equality clause of the Constitution because in view of the order dated 8.11.1993 the respondent No.1 acquire..Category: Employment/Service Law | Date: | Hits: 82
Khurshid Alam and other Vs. Azizur Rahman and others, 2004, 33 CLC (AD)
.... has been incorporated under the companies Act that is registered under the companies Act, 1913 to start functioning. Section 21 of the Penal Code defines 'public servant'. There are as many as 12 clauses in that section after amendment by section 2 of Ordinance No. X of 1982, Twelfth clause of ..Category: Criminal Law | Date: | Hits: 40
Nizam Uddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 2004, 33 CLC (AD)
....ustainable. In this view of the matter we do not find substance in this appeals and the appeal is accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 273. ..Category: Business or Commercial Law | Date: | Hits: 138
Bangladesh Water Development Board Vs. M/s Zakir Construction & Co., 2000, 29 CLC (AD)
....ion committed illegality and wrong in accepting the judgment of the trial court which in turn up held the award on mobilization and demobilization. It is submitted that in the contract there was no clause as to payment on mobilization and demobilization and in such a situation the arbitrator was ..Category: Civil Law | Date: | Hits: 89
State Vs. Abdur Rahim Shikder, 2008, 37 CLC (AD)
....und the accused-respondents guilty under Sections 364/386 of the Penal Code and convicted them thereunder and sentenced to suffer imprisonment for the period as well as to pay a fine with a default clause as mentioned above. 9. Being aggrieved and dissatisfied thereby, the accus..Category: Criminal Law | Date: | Hits: 36
Manager, Satgaon Rubber Bagan & Ors. Vs. Chairman, 2nd Labour Court, Ctg., 2007, 36 CLC (AD)
....contractual basis and under the terms of the contract they cannot claim to be the permanent workers. 9. It appears from the letter of appointment of the respondents that thele is a clause as clause 9 of the appointment letter which runs as under:- ‘৯।..Category: Labour and Industrial Law | Date: | Hits: 65
Md. Ataur Rahman & others Vs. B. M. Muhibur Rahman & others, 2008, 37 CLC (AD)
....f Mr. Islam contends that the learned Judges of the High Court Division erred in coming to the conclusion that the impugned SRO dated 11.10.2006 was unconstitutional being violative of the equality clause when the Government promulgated the impugned SRO dated 11.10.2006 to remove undue hardship ..Category: Employment/Service Law | Date: | Hits: 122
State Bank of India Vs. Saudi-Bangladesh Industrial and Investment Co. Ltd. & anr, 2008, 37 CLC (AD)
....n 6 of the Artha Rin Adalat and another of depositing money in an appeal against the decree in Section 7 of that Act clearly indicate the Act's clear and different intention regarding the two clauses, the provision in question should have been strictly construed by the High Court Divis..Category: Banking Law | Date: | Hits: 96
Major (Rtd) Quazi Hasna Hena Begum Vs. Lt. Col. Kazi Mansurul Islam and others, 2008, 37 CLC (AD)
....ally converted the single allotment into the joint allotment on 30.10.1994 and a lease deed of joint allotment was executed on 05.11.1994. It was also stated by him that the petitioner's wife, as per clause 6 of the prospective of defence officer’s housing project, was not entitled to apply for jo..Category: Property Law | Date: | Hits: 74
Director & Secretary, Ministry of Establishment & ors Vs. Md. Hossain & ors., 2006, 35 CLC (AD)
....r provision of the Ordinance No. XXXIX of 1982 they would be entitled to the said benefits as per provision of the Ordinance No. XXXIX of 1982. High Court Division further observed "The saving clause is completely silent as to the mode in which the benefits accrued by the employees under th..Category: Employment/Service Law | Date: | Hits: 82
Shakawatullah Vs. Liquidator, Liquidation Call Dhakeswari Cotton Mills, Dhk & ors, 2006, 35 CLC (AD)
....en made, no suit or other legal proceeding shall be proceeded with or commenced against a scheduled industrial enterprise or any industrial enterprise placed under a Corporation by an order under clause (1) of Article 10 and all suits and order legal proceedings pending against such an enterpris..Category: Tenancy Law | Date: | Hits: 148
Babul Ahmed and others Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)
....tions the respondent No.2 granted leases in their favour with effect from the dates of their applications, and thereafter the petitioners executed bilateral lease agreements with them which, as per clause 4 of the lease agreements as well as the provisions of the said Rule 1968 as amended, were ..Category: Others | Date: | Hits: 101
Rafique Fakir and others Vs. State and others, 2005, 34 CLC (AD)
....ch proceeding, except on the complaint in writing of such Court, or of some other Court to which such Court is subordinate. Sub-section (2) thereof provides that: (2) In clause (b) and (c) of sub-section (1), the term "Court" includes a Civil, Revenue o..Category: Criminal Law | Date: | Hits: 45
Md. Farhat Rahman Vs. Roomee Tareque Moudud, 2005, 34 CLC (AD)
....nsequent thereupon as it was not possible to comply with the direction for filing the certified copy of the decree of the trial Court within the time allowed by the Court although with the default clause "the Rule shall stand discharged" and as such the High Court Division was in error..Category: Family Law | Date: | Hits: 173
Government of Bangladesh and Others Vs. Md. Shamsul Huq, 2006, 35 CLC (AD)
....ompulsory retirement on the ground of violation of fundamental rights guaranteed under Articles 27 and 29 of the Constitution the High Court Division ought to have exercised its jurisdiction under clause (1) of Article 102. But the Appellate Division found that neither such case of violation of ..Category: Employment/Service Law | Date: | Hits: 104
Adamjee Jute Mills Ltd. and others Vs. M.A. Kashem and another, 2005, 34 CLC (AD)
.... or byelaws of other instruments shall retire from service after completion of sixtieth years of his age. As the petitioner falls within the category of 'Worker', in view of the notwithstanding clause, the terms and conditions of the employment or any other rules and regulations etc. shall n..Category: Labour and Industrial Law | Date: | Hits: 77