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National Board of Revenue and others Vs. Mustafizur Rahman, 2003, 22 CLC (AD)
.... judgment with reference to the relevant provisions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ......ting duplex board for export of shrimps. 15. Mr. Nitai Roy Chowdhury, the learned Advocate appearing for the respondent no.1 could not support the impugned judgment with reference to the relevant provisions of the concerned SRO. In view of the above matter, the appeal is allowed without any o..Category: Fiscal/Taxation Law | Date: | Hits: 140
Government of Bangladesh and others Vs. Md. Salim Reza, 2003, 22 CLC (AD)
....and other benefits to the employees including the respondent. In that view of the matter, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ......elf ample proof of the fact that there was total non-application of mind to the individual cases before issuing the general order terminating all the appointments. This was done in spite of the clear provisions in the L.R. Manual laying down detailed procedure for appointment, termination to first c..Category: Employment/Service Law | Date: | Hits: 155
S. M. Basiruddin Vs. Zahurul Islam Chowdhury and another, 1982, 11 CLC (AD)
....e appeal is allowed with cost, the orders allowing preemption are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 230. ...... can be retained by a person in his possession. Sections 21 and 22 provide that all lands are subject to payment of fair and equitable rent as determined by the Revenue-officer in accordance with the provisions of Chapter IV and the rent so determined shall be entered in the record-of-rights. Sectio..Category: Property Law | Date: | Hits: 85
Halima Jaman and other Vs. Government of Bangladesh, 1998, 27 CLC (HCD)
.... 1 of the CPC. We find no merit in this application for review. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 352. ......h, 36 DLR (AD) 108. 12. Considering the paramount consideration that there should be an end to litigation, the court is reluctant to entertain an application for review unless it is covered by the provisions of rule 1, Order47 of the CPC. 13. In the case of Fazle Karim and others Vs. Governmen..Category: Property Law | Date: | Hits: 89
Maudud Vs. State, 1998, 27 CLC (HCD)
....mitting robbery and demanded key of the cash box. In view of the same we find no merit in the application for bail which is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 347. ......n any “arms” of any description except under licence and in the manner and to the extent permitted thereby in any place to which Govt. by Notification in the official gazette specially extend the provisions of the section. Rule 30 of the Arms Rules, 1924 provide that a licence for the possession..Category: Criminal Law | Date: | Hits: 87
Mokthar Masum Abedin and others Vs. Nironjan Kumar Mondol and others, 1997, 26 CLC (HCD)
.... two thousand) only to the plaintiff-opposite- party. Stay granted by this Court at the time of issuance of the Rule stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 341.......y 19, 1993 purchased 20.42 acres of land from defendant Nos. 1, 2, 11, 13, 19, 20 and 21 during the pendency of the Suit. 3. The petitioners on 2-8-1993 filed an application in the Court under the provisions of Order 22, rule 10 read with section 151 of the Code of Civil Procedure to be impleaded..Category: Procedural Law | Date: | Hits: 74
Abdul Motaleb Shaque and others Vs. State, 1994, 23 CLC (HCD)
....f 15 PWs only one witness, the Investigation Officer, was left to be examined. 6. Mr. MA Aziz, the learned Advocate, appearing for the petitioners, Submits that the provision of section 339 C is a mandatory one, once 270 working days have expired the proceeding against the accused persons must be......is nothing to interfere with the impugned order. The Rule is discharged. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 24...Category: Procedural Law | Date: | Hits: 80
Santosh Kumar Paul Vs. Nuruddin Ansari, 1993, 22 CLC (HCD)
....ate Court is set aside and that of the trial Court is upheld in part with the above term. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 70.......l pay back the sum of Taka 901.00 received from the plaintiff at the time of execution of agreement Ext. B. From the above, it appears to me that both the Courts failed to consider and appreciate the provisions of sub‑sections (1), (2) and (3) of section 22 of the Specific Relief Act in their prop..Category: Procedural Law | Date: | Hits: 129
Lt. Cdr (Retd) AHM Mahmud Vs. Masud Ahmed, 2010, 39 CLC (HCD)
.... to disobey the Court's order it cannot be said that they acted in contempt of Court. He further points out that the Legal Adviser's opinion was to the effect that the petitioner could not obtain any mandatory direction from the Court with regard to rejoining after absence of 18 years nor was there ......, therefore, cannot be held to be absence without leave. Rule 9(3) refers to Extraordinary Leave. The relevant portion of Rule 9 of the Prescribed Leave Rules, 1959 are reproduced below: "9. Other provisions. —(1) The existing provisions for sick leave, maternity leave, hospital leave, quaran..Category: Employment/Service Law | Date: | Hits: 156
Abdus Sattar and another Vs. Md. Ali Hossain Prodhan, 2009, 38 CLC (HCD)
....er as to cost. The order of stay granted earlier by this Court stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 147.......er as to cost. The order of stay granted earlier by this Court stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 147...Category: Civil Law | Date: | Hits: 95
Obaidullah Khondaker (Sohel) Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....judgment. Let a copy of this Judgment be immediately transmitted to each of the respondents for information and necessary action. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 144.......6-2-2006. However, a bilateral agreement was concluded between the petitioner and the respondent No.2 on 7-2-2006 embodying the terms and conditions of the lease of the Stone Mohal according to the provisions of the Mines and Mineral Resources Rules, 1968. Accordingly a formal work order dated 7..Category: Property Law | Date: | Hits: 66
Abul Hasnat Md. Belal Vs. Md. Alauddin and others, 2008, 37 CLC (HCD)
....tands vacated. Office is directed to communicate the order at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 141.......sulting in an error in the decision occasioning failure of justice in allowing the application for amendment by the impugned order dated 17-1-2002. 14. For the convenience of understanding the provisions of Order VI, rule 17 of the Code of Civil Procedure reads as hereunder: "Rule 17—The..Category: Procedural Law | Date: | Hits: 90
Ataur Rahman (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....is still in seisin of the matter. Consequently, the prayer for certificate is rejected. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 329; 30 BLD (HCD) (2010) 154. ......es of the Government is done by the administrative executives. The Constitution assigns to the Legislature, the Executive and the Judiciary clearly demarcated roles; each controlled by constitutional provisions. The responsibility of seeing that no functionary of the State oversteps the limit of his..Category: Constitutional Law | Date: | Hits: 270
Bazlur Rahman (Md.) Vs. Government of the People's Republic of Bangladesh, 2009, 38 CLC (HCD)
....from the date of receipt of the Judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 360; 18 BLT (HCD) (2010) 279. ......und having no disability after medical test, according to 'Regulation' 2002 and also who did not appear before the Medical Board and that the respondents are disbursing the allowance according to the provisions laid down in PO 94 of 1972, 'Regulation' 1984 and 2004 and the petitioners have filed thi..Category: Others | Date: | Hits: 149
American Life Insurance Company Vs. Dacca Poura Shaba and others, 1978, 7 CLC (AD)
....s to costs. Order of the Court. In accordance with the view of the majority, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 276.......r. Rahul Islam J.- I had the opportunity of going through a copy of the judgment proposed to be delivered in this appeal involving some difficult questions of interpretation of certain statutory provisions. Finding myself unable to agree with the interpretation and also the conclusions arrived ..Category: Fiscal/Taxation Law | Date: | Hits: 156
IFIC Bank Ltd. Vs. Eknabin & Co. and others, 2010, 39 CLC (HCD)
....6 dated 18-9-2005 are set aside. In the result, the Rule is made absolute without any order as to cost. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 123. ......subject matter, relied on the decision of Bangladesh House Building Finance Corporation Vs. Shahid Sarwar Abu Hossain, 9 BLT 289=6 BLC 751 wherein similar question was posted and it was held that the provisions of one special law cannot over-rided the provisions of another special law as such, tra..Category: Procedural Law | Date: | Hits: 126
Abeda Chowdhury Vs. State and another, 2009, 38 CLC (HCD)
....Advocate for the petitioner is permitted to take back the certified copies of the annexure by replacing the photocopies of the same. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 118. ......t it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have Committed an offence and shall, without prejudice to any other provisions of this Act, be punished with imprisonment for a term which may extend to one year, or wi..Category: Criminal Law | Date: | Hits: 113
Rowshena Jahan Vs. State and another, 2010, 39 CLC (HCD)
....rned Court shall proceed with the case in accordance with law. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 90. ......tions 26(2) and 27(1) of the Anti-Corruption Commission Act, 2004, prior service of notice on her is a pre-condition. Without asking for statement of wealth, no offence can be constituted under those provisions. But the accused-petitioner was neither served with any such notice nor she had ever subm..Category: Criminal Law | Date: | Hits: 100
Buxly Paints (Bangladesh) Ltd. Vs. Bangladesh, 1977, 6 CLC (AD)
....d order of the High Court Division are set aside and it is declared that the Notification dated 19-2-12 is without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 266.......operty by the operation of law and, therefore the Government's right to take over possession cannot be questioned. Learned Counsel for the Government has further contended that having regard to the provisions of President's Order No.16 of 1972, the Government was fully empowered under the provisio..Category: Property Law | Date: | Hits: 79
....the dismissal order has been passed without any lawful authority and is of no legal effect. However, there will be no order as to costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 256.......es are considered to be specialised or technical in nature or indispensable in the public interest and whose suitable replacement is not readily available, may be re-employed in accordance with the provisions of this Order by such authority and on such terms and conditions as may be prescribed:
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Category: Employment/Service Law | Date: | Hits: 107
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