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Bangladesh, Gas Fields Co. Ltd. Vs. Md. Fariduddin Ahmed and ors., 2007, 36 CLC (AD)
.... age limit for retirement in the Public Corporations (Management Co-ordination) Ordinance 1986, but by the Public Corporation (Management Co-ordination) (Amendment) Act, 1994, new definition; clause viz 2(e) was inserted in the above Ordinance of 1986 providing that 2(e) "worker"..Category: Employment/Service Law | Date: | Hits: 90
Md. Babar Ali Vs. Md. Shamsul Alam and others, 2006, 35 CLC (AD)
....t No.1 subsequently sold the case land on 4.4.95 collusively to defeat the right of the petitioner and further the High Court Division erred in law in holding that in view of the provision of clause (a) of sub-section 11 of section 24 of the Non-Agriculture Tenancy Act 1949 the pre-emption ..Category: Property Law | Date: | Hits: 30
Md. Kamruzzaman alias Rentu Vs. State, 2007, 36 CLC (AD)
.... the accused-petitioner guilty of the offence charged and convicted him thereunder and sentenced to suffer rigorous imprisonment for the period as well as to suffer simple imprisonment with default clause as mentioned above. 4. Being aggrieved by the aforesaid judgment and order of convict..Category: Criminal Law | Date: | Hits: 45
Sec, Min. of Energy & Mineral Resource, Govt. of BD Vs. Q.C. Petroleum Ltd. & ors, 2007, 36 CLC (AD)
....import of petroleum after interpreting the provisions of sections 2 and 4 of the said Act. 5. Leave was granted to consider the submission that 'petroleum operation1 has been defined in clause (e) of section 2 of the Bangladesh Petroleum Act 1974 but the High Court Division failed to..Category: Business or Commercial Law | Date: | Hits: 94
Dr. Mohammad Sarwar Ramiz & others Vs. Dr. Shyam Sundar Kundu (FCPS) & others, 2007, 36 CLC (AD)
....ervice, determine the suitability of individual candidates for different services; and (vi) forward to the President a list of the candidates so arranged and determined as indicated in clause (v) above. 12. Explanation I-The Government will, however, be ..Category: Employment/Service Law | Date: | Hits: 100
Saiful Islam Shaikh and another Vs. State, 2007, 36 CLC (AD)
.... guilty for the offence under section 396 of the Penal Code and convicted them thereunder and sentenced them to suffer imprisonment for life as well as to pay a fine of Tk.5,000/- each with default clause as mentioned above and the rest of the accused were found not guilty to the charge leveled ..Category: Criminal Law | Date: | Hits: 32
Md. Tajul Islam Vs. Bangladesh, 2006, 35 CLC (AD)
....resaid writ petition; the respondent cancelled the licence of the petitioner. 6. The petitioner now contends that the above-mentioned provisions have been introduced without leaving any saving clauses as required under the law. There is no provision in the amendment of the law of showing caus..Category: Environmental Law | Date: | Hits: 517
Bangladesh Krishi Bank Vs. Messers Dadajee Ice Plant and Storage Ltd., 2006, 35 CLC (AD)
....aintiff failed to perform his part of the contract and therefore the defendant No.5 was not guilty of any latches or inaction in the matter. It was further alleged that in the contract there was a clause for arbitration and the suit was not therefore maintainable. The defendant also alleged that..Category: Civil Law | Date: | Hits: 103
Bangladesh Vs. Miss Nasima Khatoon and others, 2005, 34 CLC (AD)
.... proved the writ respondents or their predecessors' claim of getting the property through purchase from the lessee successors to the lessee does not arise. Thereafter, he submits referring to clause 7 of the lease deed that until payment of the whole lease money the possession of the p..Category: Property Law | Date: | Hits: 22
Chief Controller, Import and Export and others Vs. Md. Faruk Ahmed, 2005, 34 CLC (AD)
....rt Division failed to consider this aspect of the matter. The learned Additional Attorney General further submits that the High Court Division erred in law in not considering the provision of clause 21 of the Import Policy Order 1997-2002 inasmuch as the power to make order to release is..Category: Business or Commercial Law | Date: | Hits: 139
Mesbahuddin Ahmed Vs. M/s. James Finlay, 2007, 36 CLC (AD)
....d payment of the balance amount of Tk.56,75,000/- within one month from the date of acceptance calculated @ 25% of the bid money. The money was not paid. The plaintiff suggested amendments in clauses 4, 6 and 12 in the draft agreement for sale of the suit property, which the plaintiff was c..Category: Property Law | Date: | Hits: 33
St. Electronics (Infer Software Sys.) Pvt. Ltd. Vs. Patimas Intel. Sdn Bhd & ors, 2007, 36 CLC (AD)
....ing drawn on non-judicial stamp paper of Tk.150/- and the turn-over and other criterion for the last five years of the respondent No.1, writ-petitioner, did not satisfy the requirements set out in clause 17.2 of the ITS. 10. Bangladesh Bank, respondent No.4, however supported the case of ..Category: Business or Commercial Law | Date: | Hits: 110
Mofizuddin Howlader Vs. Abdur Rashid & others, 1982, 11 CLC (AD)
....ention of the provisions of the Mussalman Waqf Validating Act, 1923, the waqf is invalid and as such the plaintiff is not entitled to get the declaration as prayed for. On examining the different clauses of the waqfnama the learned Judges observed that "nowhere it was stated that the ult..Category: Trust/Waqf Law | Date: | Hits: 171
Jabed Ali Vs. Abu Shaikh and others, 1982, 11 CLC (AD)
....s. In section 90 as also in other sections of the State Acquisition and Tenancy Act such expressions have been resorted to so as to impart superiority to its provisions over other laws. There is no clause in section 89 of the Act or section 26C of B.T. Act which is under our consideration so as to..Category: Property Law | Date: | Hits: 37
Mst. Mariam Bibi Vs. Shiraj Madbar and others, 2006, 35 CLC (AD)
....ee by any authority competent to grant lease of Government khas land or any other gazetted officer duly authorised in this behalf and the said lease has been duly registered under the provision of clause (d) of sub-section (1) of section 17 of the Registration Act, 1908." 14. On peru..Category: Property Law | Date: | Hits: 25
Md. Siddiqullah and others Vs. Sufura Khatun and others, 2007, 36 CLC (AD)
....dismissal of the suit. 4. Mr. T.H. Khan, learned Counsel, appearing for the petitioner submits that on 26.10.1988 the parties entered into an agreement exhibited as exhibit-1 containing clause No. 1 wherein it was clearly stated that the plaintiffs transferred the possessory rights of..Category: Property Law | Date: | Hits: 35
Ayen Ali Howlader Vs. Nazir Ahmed and others, 2007, 36 CLC (AD)
....tter to the Ministry of Land, who then by its letter dated 29.04.1995 asked the Deputy Commissioner, Barisal to forward settlement proposal of the case land in favour of the writ petitioner as per clause 3 (Da) of the Government Notification dated 07.03.1995 published in the Official Gazette on ..Category: Property Law | Date: | Hits: 29
Abdul Hai and other Vs. Chan Banu Bibi, 2007, 36 CLC (AD)
....er section 6 of the Ordinance from legal process; it is true that section 3 of the Ordinance provides that the provisions of the Ordinance shall override all other laws but even this non obstinate clause cannot go beyond the ambit of the Ordinance itself, the Ordinance made provisions in respect..Category: Property Law | Date: | Hits: 60
Md. Atiqullah Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)
....ain Bakhsh vs. Settlement Commissioner and another reported in 21 DLR (SC) 456. In that case, it was held that the High Court in its writ jurisdiction is competent to review its own decision under clause (b) of section 114 of the Code. It was further held that the right to claim review of any d..Category: Property Law | Date: | Hits: 27
Moulana Delwar Hosain Saydee Vs. Sudhangshu Shekhor Halder and others, 2000, 29 CLC (AD)
....lly described in Article 36(4) (i)-(iv) of the Order. Neither the Tribunal nor the High Court Division has any jurisdiction to add any other extraneous requirement other than those contained in sub-clauses (i)-(iv) of clause (4) of Article 36, These sub-clauses do not require that a ballot paper ..Category: Election Law | Date: | Hits: 126