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Bangladesh Vs. Md. Ataur Rahman and others, 2011, 40 CLC (AD)

....gher rank and status or position than other services of the Republic. The terms and conditions of services of the constitutional functionaries are regulated and determined by special laws, and not by rules, as mandated by Article 147 of the Constitution. The attempt of the petitioner to raise the ju..

Category: Constitutional Law | Date: | Hits: 441

Md. Nurul Hussain Vs. Bangladesh Muktijoddhya Kallayan Trust, represented by its Chairman, 88, Motijheel Commercial Area, P.S. Motijheel, Dhaka and others, 2011, 40 CLC (AD)

....ral and documentary, and as such no interference is called for. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 410. ..

Category: Property Law | Date: | Hits: 82

Md. Alimuzzarnan (Reza) and others Vs. Md. Masudar Rahman @ Babul and others, 2010, 39 CLC (HCD)

....is one of peculiar difficulty owing to perjury that pervades the atmosphere of Courts in the country. Questions as to what a Court to do on this particular point can never be solved by any artificial rules of evidence or proce­dure as argued by Mr. Mahmudul Islam, and the best guide of a Court on s..

Category: Procedural Law | Date: | Hits: 76

Oriental Bank Ltd. Vs. Federal Insurance Company Ltd., 2010, 39 CLC (HCD)

.....4.2008 through its lawyer. The relevant portion of which is reproduced herein below: “It is also worth mentioning that My client has given a guarantee in favour of MARSHAL HOMES as per existing rules and regulation. It is his responsibility to make the payment of out standing (sic) loan. After..

Category: Company Law | Date: | Hits: 203

Bangladesh Atomic Energy Commission Vs. Md. Al-Amin Sarker and others, 2011, 40 CLC (AD)

....ed 6.10.2010 passed by the High Court Division in Writ Petition No. 6308 of 2009 be stayed till disposal of the Appeal. Ed. This Case is also Reported in: VIII ADC (2011) 388.   ..

Category: Employment/Service Law | Date: | Hits: 81

Trade Channel Vs. Collector of Customs, Customs House Chitta­gong and others, 1990, 19 CLC (HCD)

....mentioned in the notification issued under section 19 of the Customs Act. As such exemption rate of 30% ad valorem as provided for Heading No.72.04 All HS Code Rerollable Scrap in the SROs (statutory rules and orders) published in the Gazette the date after the date of the opening, of the Letter of ..

Category: Fiscal/Taxation Law | Date: | Hits: 131

Rezaul Karim (Md) and another Vs. Secretary, Ministry of Home Affairs and others, 1991, 20 CLC (HCD)

....security of the public peace to cancel or suspend such licence; or (b) by any Judge or Magistrate before whom the holder of such licence is convicted of an offence against this Act, or against the rules made, under this Act; and may by a notification in the official Gazette cancel or suspend all ..

Category: Constitutional Law | Date: | Hits: 174

Naresh Lal Saha and other Vs. Bhupati Mohan Roy and others, 1990, 19 CLC (HCD)

....s on fact at abeyance. That may be done for the sake of convenience and is intended to save time and money which otherwise may be wasted unnecessarily. But the most important factor in both these two rules (namely Order 14 rule 2 and Order 15 rule 3) is that party must not be prejudiced or injustice..

Category: Procedural Law | Date: | Hits: 62

Akhtar Hossain alias, Babul Akhtar alias, Akhtar Ali and another Vs. The State, 1991, 20 CLC (HCD)

....ar as" he remembered, he had come to the village of the informant in connection with some other business and when asked whether all police personnels of a police station keep, in strict observance of rules and regulations, record either in the General Diary or in their personal diaries when they lea..

Category: Criminal Law | Date: | Hits: 110

MM Enterprise Limited Vs. General Certificate Officer, Collectorate Building, Comilla, 1992, 21 CLC (HCD)

....reement makes default in repayment or otherwise fails to comply with the terms of this agreement with the Bank, such default or failure not being due to natural calamity, the Bank may, subject to any rules made in this behalf, take over the management of the concern of the agriculturist and sell or ..

Category: Civil Law | Date: | Hits: 99

Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)

....review of a judgment or order passed by the Appellate Division which runs as follows: “105. The Appellate Division shall have power, subject to the provisions of any Act of Parliament and of any rules made by that division to review any judgment pronounced or order made by it.” 15. From th..

Category: Civil Law | Date: | Hits: 238

Fazlul Karim Vs. Agrani Bank, 1991, 20 CLC (HCD)

....adesh for protection of any person holding a Civil post under the Republic. 16. It is now well settled that an employee of any statutory authority, in the absence of any provision in their service rules or Regulations providing for a second cause notice, cannot assail an order of his dismissal on..

Category: Employment/Service Law | Date: | Hits: 71

Md. Abul Hossain Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

....revoked or suspended on the ground of misconduct or on any other grounds specified in section 11. Explanation.- “Misconduct” includes contravention of any of the provisions of the Act or these rules, misrepresentation of facts of any kind and moral turpitude. 13. Misconduct has been define..

Category: Civil Law | Date: | Hits: 128

Law Dev (Bangladesh) Vs. Bangladesh and another, 2011, 40 CLC (HCD)

....2) is not in the service of the Republic. 27. Mr. M Amir-ul-lslam also submits that sec­tion 55 of the Act No.13 of 2003 provides that any decision or order given by the BERC under the Act or the rules or the regulations made thereunder shall be deemed to be final and in consequence, the same is..

Category: Employment/Service Law | Date: | Hits: 92

Nikhil Kumar Sarker Vs. Bangladesh, 1991, 20 CLC (HCD)

....sistant Teacher of the said nationalised school is without any lawful authority. The application is, therefore, summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 67. ..

Category: Employment/Service Law | Date: | Hits: 82

Haroon and another Vs. Mst. Sufia Khatun and another, 1990, 19 CLC (HCD)

.... Against the said order the petitioners have obtained the present rule. They now contend that the decision is wrong. 4. The determination of the question depends upon the construction of Order 21, rules 35, 36 and 97‑100 of the Code. The point is, however, not res integra. In Usha Jain and othe..

Category: Civil Law | Date: | Hits: 89

Dr. Syed Mahbubur Rahman Vs. Bangladesh University of Engineering and Techno­logy, 1991, 20 CLC (HCD)

....such an order cannot be withdrawn or rescinded to the detriment of the rights. We will presently show that it is well settled that unless a different intention appears in the legislative enactment or rules, the competent authority has the power to place a permanent or temporary or probationary emplo..

Category: Employment/Service Law | Date: | Hits: 155

State Vs. Amin Huda, 2011, 40 CLC (AD)

....fore the Druta Bichar Tribunal within 6(six) weeks from the date of receipt of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 152,8 LG (AD) (2011) 164, VIII ADC (2011) 890. ..

Category: Criminal Law | Date: | Hits: 112

Bangladesh and another Vs. Md. Abdul Karim, 2011, 40 CLC (AD)

....fies it that he had sufficient cause for not preferring the appeal within three months. 9. Section 12 of the Act has provided that the Government may, by notification in the official gazette, make rules for carrying out the purpose of the Act. Sub-section (2) of section 12 of the Act has further ..

Category: Administrative Law | Date: | Hits: 181

Syed Mokbul Hossain Vs. Government of Bangladesh, 1990, 19 CLC (HCD)

....d been done in the public interest as contemplated under Article 36 of the Constitution. 18. It has already been mentioned that the relevant laws are the Bangladesh Passport Order No.9 of 1973 and rules framed thereunder. Article 7 of the said Order runs as follows: ‘‘7. (1) The passport a..

Category: Constitutional Law | Date: | Hits: 288