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Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)
....is is very painful in view of the fact that if the petitioner and others are placed after the 13th BCS batch, then the existing officers who are already in the cadre will have no grievance. It is not disputed that the petitioner is on deputation in the National Board of Revenue with the consent of t......age of manpower to do the job in the department as the work is ever increasing with overflow of responsibilities. The petitioner therefore, since January, 1996, has been for all intents and purposes, holding charge of 3 posts simultaneously, namely, Assistant Collector (Establishment), Assistant Col..Category: Employment/Service Law | Date: | Hits: 186
Bangladesh Vs. CMA CGM Bangladesh Shipping Limited, 2009, 38 CLC (AD)
....the order dated 01.12.2008 passed by the High Court Division in Writ Petition No.9537 of 2008 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 673. ......ustoms Act and the 1986 Rules and that there is no provision of law that prevents issuance of licence to an entity with a 100% foreign ownership and indeed other 100% foreign owned companies are also holding such licence; that the petitioner wrote letters to the respondent No. 2 on 09.11.2008, 13.11..Category: Administrative Law | Date: | Hits: 318
Bangladesh Water Development Board Vs. Zakir Construction and Co. and another, 1995, 24 CLC (HCD)
....re of justice. In the result, the Rule is discharged without any order as to costs. Send a copy of the order to the Court once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 261. ......ested two names, namely, Mr. Justice K M Sobhan and Mr. Justice Maksudar Rahman (citing him as a Justice). On 4‑8‑94 the learned Subordinate Judge appointed Mr. Maksudur Rahman as sole arbitrator holding that Memo No………..dated 15-4‑89 of petitioner Water Development Board provides for ap..Category: Alternative Dispute Resolution | Date: | Hits: 521
British Airways Plc. Vs. Bangladesh Air Services Pvt. Ltd., 1996, 25 CLC (HCD)
....on in respect of disputes within its cognisance, but because it seeks to promote the sanctity of contracts and for that purpose stays the suit. The jurisdiction of the Court to try the suit remains undisputed under all circumstances. The Supreme Court of India agreed with the decision of the High Co......e, Dhaka, in Arbitration Misc. Case No.368 of 1994/37 of 1994 is set aside. Send a copy of this order to the trial Court at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 249. ..Category: Alternative Dispute Resolution | Date: | Hits: 304
Mst. Fatema Begum and others Vs. AKM Gyasuddin Sarder and others, 2007, 36 CLC (HCD)
....nt and that the suit was not maintainable, barred by law of limitation. Principles of waiver, estoppels and acquiescence and stated that Abdul Jabbar was owner in possession 4.22 acres of land in the disputed C.S. Khatian No.5, He sold 1.08 acres of land out of plot No.27 to Shaikh Gopalde Pathan in......granted in the rule, and extended subsequently is here by recalled and vacated. Send down the L.C. Record and communicate the order. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 534...Category: Procedural Law | Date: | Hits: 97
Sreemati Hari Rani Basak and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....erever the opponent has declined to avail himself of the opportunity to put his essential and material case in cross-examination, it must follow that he believed that the testimony given could not be disputed at all. It is wrong to think that this is merely a technical rule of evidence. It is a rule......ortion of Suit property by Plaintiff and tenants Defendants paid rents upto month of November, 1971. During War of Liberation of 1971, Plaintiff as well as tenants Fourth-Twelfth Defendants left suit holding and took shelter to the other side of border for safety of their lives. During Liberation Mo..Category: Procedural Law | Date: | Hits: 108
Category: Fiscal/Taxation Law | Date: | Hits: 278
Abdur Razzaque Vs. State and another, 1982, 11 CLC (HCD)
....nd. Let the trial proceed against the other accused. Let the records be sent down at once. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 103. ......d 13.4.82 passed by Additional Sessions Judge, 3rd Court, Comilla in Sessions Trial No.247 of 1980 taking cognizance against the petitioner and issuing non-bailable warrant of arrest against him upon holding as follows: "Since accused Abdur Razzak did not appear before this Court and no order has be..Category: Criminal Law | Date: | Hits: 110
Abdul Gani alias Ganya Vs. State, 2006, 35 CLC (HCD)
....ed from his bail bond as he has already served out sentence of imprisonment for 10 years. Send down the Lower Court records at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 47. ......onsequently the case record was transmitted to the Court of Sessions Judge and Senior Special Tribunal, Lakshimpur who transferred the same to the Court of Special Tribunal No.3, Lakshmipur who after holding trial convicted and sentenced the convict appellant as aforesaid. 3. The defence of the c..Category: Criminal Law | Date: | Hits: 102
Tohfa Khatun and others Vs. Moulavi Mukhilisur Rahman and others, 1997, 26 CLC (HCD)
....d circumstances of the case there will be no order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 315. ......ed the trial Court to hear and dispose of the same. The said application was heard by the learned trial Court and the trial Court by his order dated 12‑8‑95 rejected the application for amendment holding that the proposed amendment is deviation from the earlier written statement filed by the def..Category: Procedural Law | Date: | Hits: 118
Dilruba Aktar Vs. AHM Mohsin, 2003, 32 CLC (HCD)
....mount if not so paid shall be recoverable as arrears of land revenue. Lower Court's Record be sent down as immediately as possible. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 568.......mount if not so paid shall be recoverable as arrears of land revenue. Lower Court's Record be sent down as immediately as possible. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 568...Category: Family Law | Date: | Hits: 165
State Vs. Md. Mobarak Ahmed Chowdhury, 2007, 36 CLC (AD)
....tance in the submissions of the learned Deputy Attorney General for the petitioners. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 275. ...... the Court of Sessions Judge, Hobiganj where cognizance of the case was taken on 19.07.1993 and charge under Section 324/302 of the Penal Code was framed by the Sessions Judge on 17.08.1998 who after holding trial convicted and sentenced the condemned prisoner for the offence committed under Section..Category: Criminal Law | Date: | Hits: 79
Alhaj Abdul Awal Ratan and another Vs. Abdul Mannan Mia and others, 2008, 37 CLC (AD)
....ne daughter opposite party No.3 Sabitum as his heir. Satunnessa while owning and possessing 0.24 acre of land by way of inheritance and purchase from Plot Nos.1, 2 and 3 and some other lands of the undisputed Plot No.993, sold the same to Misir Ali, Mohammad Ali and pre-emptor Abdul Mannan by kabala......at the deed of re-conveyance executed and registered during pendency of the preemption case cannot defeat the right of pre-emption, has erroneously allowed the appeal rejecting the pre-emption case holding that the petitioner failed to prove that the market value of the case land was Tk. 60,000.00..Category: Property Law | Date: | Hits: 88
M. M. Mahboob and others Vs. Sk. Abdur Rashid and others, 2004, 33 CLC (AD)
....he Administrative Tribunal upon evidence being adduced both oral and documentary in support of their respective cases, the said Division erred in law in making the Rule absolute. Moreover, in view of disputed question of facts involved in the subject matter the Rule ought to have been discharged. Fu......tions due to lapse of time. Learned Counsel lastly submits that the seniority of the appellants having been decided in 1975 and 1978 before BCSR came into being the High Court Division is wrong in holding that quota mentioned in item No.6 of schedule II of BCSR was violated while promoting the ap..Category: Employment/Service Law | Date: | Hits: 149
Category: Labour and Industrial Law | Date: | Hits: 832
Sarada Bala Sen Vs. Sheikh (Md.) & others,1995, 24 CLC (HCD)
.... the decision referred to in that connection by the learned Advocate for the appellant has no application to this case. Next, it is contended by the learned Advocate for the respondent that it is not disputed that the defendant-appellant has obtained a decree in the SCC suit for eviction of the defe......the above decision, the connected application is however rejected. Communicate this order to the Court below at interest of justice. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 239...Category: Civil Law | Date: | Hits: 130
Nizamuddin Dhali (Md.) Vs. State, 1993, 22 CLC (HCD)
....he light of the observations made in the body of this Judgment. The accused appellant may be allowed to remain on bail pending trial. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 507. ...... the alleged offence is concerned have not been complied with. Moreover, the learned Advocate for the appellant contends that in this charge the provisions of section 234 have also been‑violated by holding one trial with respect to separate offence of breach of trust totalling more than three and ..Category: Criminal Law | Date: | Hits: 95
Bangladesh Bank Vs. Md. Kasedul Haque Majumder, 2003, 32 CLC (HCD)
....ract instrument, which is indeed the arbitration clause of the contract, the clause which the opposite party used as their chariot, Clause 28, reproduced verbatim, reads as follows, All questions and disputed between the parties to the contract, other than those in which the decision certificate and......ion Miscellaneous Case No.41 of 1999 is set aside. The aforementioned rule is consequently made absolute without any order as to cost. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 11. ..Category: Alternative Dispute Resolution | Date: | Hits: 218
Md. Aminul Haque Helal Vs. Mr. Justice Sultan Hossain Khan and others, 2006, 35 CLC (HCD)
....ove the petitioners case. In view of our discussions and findings made above, this rule is discharged without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 1. ......orney-General, Zafar Imam - For the Respondent No.2. Writ Petition No.1493 of 2005. Judgment Md. Abdul Matin J.- This rule was issued calling upon the respondents to show cause as to why the holding of the office of the Chairman "Durnity Daman Commission" by the respondent No.1 should not b..Category: Constitutional Law | Date: | Hits: 228
Md. Abdul Khaleque Vs. Uttara Bank Limited and others, 2011, 40 CLC (AD)
....nd no considerable substance in submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 256....... error of law. The learned Advocate further contended that the High Court Division has totally failed to consider the principle laid down in the decision reported in 19 DLR (SC) 198 and thereby, upholding the order of Trial Court has committed error of law. 8. No one appears to represent the r..Category: Civil Law | Date: | Hits: 118