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Delowar Hossain Mollah and others Vs. Bangladesh, 2003, 32 CLC (AD)
.... 8 as those being discriminatory and affects the fundamental rights, of the appellants guaranteed under Article 26. 27 and 29 of the .Constitution and the appellants also challenged and impugned clause (e) of Rule 8 of Bangladesh Civil Service Recruitment Rules, 1981 as the same is violative of..Category: Employment/Service Law | Date: | Hits: 133
Mrs. Mohsina Rahman Vs. Abdul Majid, 2008, 37 CLC (AD)
.... its 5th floor. The defendant then filed an application under Order 7 Rule 11 of the Code of Civil Procedure for rejection of plaint of the above suit on the ground that in terms of the arbitration clause contained in the lease agreement the suit was not maintainable. The learned Joint Distr..Category: Alternative Dispute Resolution | Date: | Hits: 192
M/s. F. Jahan Enterprise Vs. Commissioner of Customs, Chittagong and others, 2005, 34 CLC (AD)
....97 as per catalogue sale No.94 was withdrawn (Annexure-C to the writ petition) but the same being approved by (Annexure-G to the writ petition) appellant by taking it to be an offer under clause 11 of the standing order 15 dated 12.12.1990 had met respondent No.1 on 4.6.1997 who inform..Category: Others | Date: | Hits: 80
Bangladesh Bank Vs. A. Latif & Company Limited and another, 2008, 37 CLC (AD)
....erred in law in dismissing the appeal and not setting aside the award in question inasmuch as Section 8 of the Arbitration Act, 1940 is applicable in an arbitration agreement where the arbitration clause contemplated the arbitrator to be appointed by consent of the parties and the said section h..Category: Business or Commercial Law | Date: | Hits: 129
Brick Linker's Ltd. & anr Vs. Titas Gas Transmission & Distribution Co Ltd. & ors, 2007, 36 CLC (AD)
....4083 of 2000 for settling the matter of interest calculated on the arrears gas bills issued in respect of the writ petitioners and also seeking declaration that by the insertion of interest in clause 16.1 of the Contract Form B of the respondent No.1 so far the same relates to "In case..Category: Others | Date: | Hits: 92
Bangladesh Bank and another Vs. Administrative Appellate Tribunal, 1991, 20 CLC (AD)
....cle 103 of the Constitution shall apply in relation to the Administrative Appellate Tribunal as they apply in relation to the High Court Division. This petition does not come within the purview of clause (2) of Article 103 which provides for appeal to this Court as of right. Under the new dispen..Category: Administrative Law | Date: | Hits: 180
People's Republic of Bangladesh Vs. A.H.M. Khurshed Ali & Ors., 2008, 37 CLC (AD)
....correct decision. We do not find any cogent reason to interfere with the same. The petition is dismissed upon condonation of delay. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 159. ..Category: Limitation Law | Date: | Hits: 171
Bangladesh Vs. AHM Khurshed Ali and others, 2008, 37 CLC (AD)
.... not find any cogent reason to interfere with the same. The petition is dismissed upon condonation of delay. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 114. ..Category: Civil Law | Date: | Hits: 77
Kamrul Islam Vs. State, 2008, 37 CLC (AD)
....ver, found the accused petitioner guilty for the offence charged and convicted him thereunder and sentenced him to suffer rigorous imprisonment for the period as well as to pay a fine with default clause as mentioned above. As against this, the petitioner preferred the aforesaid Criminal Appeal ..Category: Criminal Law | Date: | Hits: 37
Bangladesh & Ors. Vs. Champak Kishore Roy, 2005, 34 CLC (AD)
....olation of principles of natural justice as well as for infringement of fundamental rights, guaranteed by the Constitution, or of any other law, in respect of matters relating to or arising of sub-clause (a), but such tribunals cannot, like the Indian Administrative Tribunals in exercise of a mo..Category: Employment/Service Law | Date: | Hits: 62
Md. Jahir Uddin Vs. Rupali Bank Ltd. and others, 2006, 35 CLC (AD)
.... the instant case there is no prayer for mandatory injunction for consequential relief; even if there is a prayer for mandatory injunction but that too cannot be granted in view of legal bar under clause (e) of section 56 of the Specific Relief Act which provides that an order of mandatory injun..Category: Employment/Service Law | Date: | Hits: 84
M. A. Hashem and others Vs. Shafiuddin Ahmed and others, 2005, 34 CLC (AD)
....lace before the notification under Section 3 or section 43(2) of the Act, have been statutorily recognized to be the lands appertaining to the tenancies of the riparian owners and the provisions of clause (e) and (f) of sections 3(4) or items (2) and (4) of section 44 of the Act have clearly conf..Category: Property Law | Date: | Hits: 30
Abdul Zakir Khondakar and others Vs. Bimal Kumar Kunda and others, 2007, 36 CLC (AD)
....ioner No.1 on some blank papers on the plea of settling the dispute and the respondent No.1 might have converted the same into the bainanama in question without mentioning therein the default clause and further the above bainanama was not read over to the petitioners nor they signed th..Category: Property Law | Date: | Hits: 26
Mohammad Iqbal Ahmed Bhuiyan Vs. Sultan Mahmud Chowdhury, 2007, 36 CLC (AD)
.... the suit by filing joint written statement contending that the suit is not maintainable; the respondent No.1 having failed to set up an industry in the suit plot within two years as stipulated in clause 4 of the lease deed, notices were issued upon him on 11.8.1988 and 11.9.1993 to show cause a..Category: Property Law | Date: | Hits: 27
Abdul Kader Mirza and others. Vs. Bangladesh and others, 2007, 36 CLC (AD)
....sarily be confined to only disturbed areas or those areas where adoption of public safety measures is necessary." 34. In that view of the matter, we are of the view that the equal protection clause of the Constitution has not been violated as the Ain is in respect of the offences specifie..Category: Criminal Law | Date: | Hits: 59
Unilac Sanowara (BD) Ltd. Vs. Bonlac Foods Limited and another, 2008, 37 CLC (AD)
.... the appellant respondent came to know that the trade mark 'Diploma' was also illegally registered in the name of the appellant under registered trade mark No.33243 in Class-29. In accordance with clause 14 of the said User Agreement dated 1st July, 1991; the Bonlac Foods Limited issued a notice..Category: Intellectual Property Law | Date: | Hits: 245
Mamunur Rashid Mamun and another Vs. Bangladesh and others, 2007, 36 CLC (AD)
....p;……..Respondents Judgment December 9, 2007. Jananirapatta Bishesh Bidhan (Rohitkaran) Ain, 2002 Jananirapatta Bishesh Bidhan Ain, 2000 The saving clause in Jananirapatta Bishesh Bidhan (Rohitkaran) Ain, 2002 keeps alive all pending proceedings i..Category: Criminal Law | Date: | Hits: 43
BADC and another Vs. Md. Shamsul Haque Mazumder and 27 others, 2008, 37 CLC (AD)
....s Service Rules, 1990 (BADC Employees Service Rules) and that writ respondent No. 2 issued a notification dated 17-11-1999 with regard to reorganisation of the manpower and function of BADC and under clause 5 of the said notification it has been said- “অনুমোদিত সাংগঠ..Category: Employment/Service Law | Date: | Hits: 105
State Vs. Nur Husain alias Hiron, 2006, 35 CLC (AD)
....he ingredients of section 489C of the Penal Code are there. But the statements of facts made in the First Information Report and the police report disclose the ingredient of offence as provides in clause (c) of Section 25Aof the Special Powers Act. This being the state of the matter we are of th..Category: Criminal Law | Date: | Hits: 38
Manirunnessa Khanam and another Vs. Syed Madassir Ali and another, 2006, 35 CLC (AD)
....ge to issue a fresh commission; so the petitioners on 3-10-1991 had to apply for issuance of fresh commission for local investigation and on 19-10-1991 order was passed for fresh commission with a clause to the effect that the petitioner within 26-10-1991 will have to deposit Taka 1000 against c..Category: Trust/Waqf Law | Date: | Hits: 199