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Displaying 1881-1900 of 3734 results.

Siraj Mal and others Vs. State, 1992, 21 CLC (HCD)

.... earlier granted by this Court be discharged from his bail bond. Let the LC Records be sent down to the Court below expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 688. ......pheld. Now before entering into the discussion on the submissions of learned Advocates for the parties in the light of the evidence on record, we deem it fit and pertinent to quote below the relevant provisions of law namely sections 4(b) and 4(c) and also section 9 of the Cruelty to Women (Deterren..

Category: Criminal Law | Date: | Hits: 69

Wadiuzzaman Vs. Chairman, BIWTA and others, 1992, 21 CLC (HCD)

.... Vs. Mahbub Hossain Chowdhury reported in 29 DLR (SC) 41. The relevant paragraph 91 at page 79 reads as follows: "(a) If an employee is dismissed or his service is terminated in contravention of a mandatory statutory provision, the employee has a right of action either in a superior Court in its ......an employee should normally obtain prior permission and sanction of leave before he absents himself from duty. Note (ii) states that if for some reasons, it is not possible for him to comply with the provisions of note (i), he should ensure that his application for leave should reach his controlling..

Category: Employment/Service Law | Date: | Hits: 116

Mobarak Ali (Md.) alias Mobarak Ali Mondal Vs. Bangladesh, 1997, 26 CLC (HCD)

....ed an order directing issuance of a letter to the Officer Commanding, 20 Mortar Regiment Artillery for asking accused Mobarak to surrender before the Tribunal on 25-4-78 and without compliance of the mandatory provision laid down in sections 83 and 84 of the Code of Criminal Procedure passed an orde......of Raisuddin Mondal of Village Bhadaikandi, PS and District Bogra be released at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 10. ..

Category: Criminal Law | Date: | Hits: 79

Tamanna Steel Galvanizing Industry Ltd. Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)

....oner. In view the same we find no merit in these two Rules. In the result, these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 8. ...... manner which has been recognized by the National Board of Revenue in its letter dated 5-10-89 and the National Board of Revenue also directed for refunding the excise duty as realised subject to the provisions of Rule 11. 6. It appears from the letter dated 7-3-92 sent by the Secretary of the N..

Category: Fiscal/Taxation Law | Date: | Hits: 164

Government of Bangladesh Vs. Mahabbat Ali and others, 2011, 40 CLC (AD)

....e is other sufficient reason warranti­ng review of this judgment and order. In the circumstances this review peti­tion is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 828. ......t. The learned Attorney General though has assailed the judg­ment under review but could not make out any ground for review of the same. Order XLVII of the Code of Civil Procedure has dealt with the provisions for review of any judgment or order of any court. Rule 1 of Order XLVII of the Code of Ci..

Category: Property Law | Date: | Hits: 58

Bangladesh and another Vs. Md. Badiuzzaman and others, 2011, 40 CLC (AD)

....osal of the appeals. Appeals to be registered arising out of this leave granting order will be heard along with C.A.No.8 of 2008. Ed. This Case is also Reported in: VIII ADC (2011) 811. ......acts (NCCHT) and the Chairman of The Parbottya Chattragram Jana Shanghati Samity (PCJSS) should not be declared to have been made and executed without any lawful authority and contrary to the express provisions of the Constitution and void. 4. As it appears from the writ petition, the writ-petiti..

Category: Constitutional Law | Date: | Hits: 219

Amirul Huq Shameem and others Vs. AKM Shamsuddin & others, 1995, 24 CLC (HCD)

....n Samity) from disturbing the management of the affairs of the executive committee of Mymensingh Dhaka Coach Owners Association till disposal of the suit and further allowing the prayer for temporary mandatory injunction of the plaintiff-opposite party Nos.1 and 2 directing to restore to their statu......gned Judgment passed by the learned District judge, Mymensingh. In the result, the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 77. ..

Category: Civil Law | Date: | Hits: 85

Alaluddin alias Alauddin and Others Vs. State, 1994, 23 CLC (HCD)

....t the appellants be set at liberty forthwith, if not wanted, in connection with any other case. Send down the L/C records at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 66. ......hers Vs. State reported in 43 DLR 389 in support of his contention that confessional statement recorded in a plain paper without the narration of questions and answers may make it inadmissible if the provisions of section 164 CrPC on material points are not complied with. He submits that no substant..

Category: Criminal Law | Date: | Hits: 74

Muklesur Rahman (Md.) Vs. Government of Bangladesh represented by the Secretary, Ministry of Home Affairs and others, 1995, 24 CLC (HCD)

....contained sufficient materials to invoke the provision of section 3 of the Special Powers Act, 1974 for detaining the detenu the detention of the detenu has been illegal for non‑compliance with the mandatory provision of section 8 of the Special Powers Act, 1974 by the District Magistrate Dhaka. O......District Dhaka now detained in Dhaka Central Jail be released at once unless his further detention is required in any other connection. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 63. ..

Category: Criminal Law | Date: | Hits: 105

Nasima Akhter (Papi) Vs. Government of the Peoples Republic of Bangladesh, represented by the Secretary, Ministry of Home Affairs, 1994, 23 CLC (HCD)

....executive and judicial, to act in aid of the Supreme Court and, therefore, to meticulously execute the orders passed by it. Unfortunately, in the present case, instead of complying with the aforesaid mandatory provision of the Constitution the detaining authority, we are constrained to observe, has ......opposite party No.3, the Superintendent, Dhaka Central Jail, Dhaka is directed to report compliance with the above order to this court. Ed. This case is also Reported in: 49 DLR (HD) (1997) 57. ..

Category: Criminal Law | Date: | Hits: 69

Professor Dr. Md. Yusuf Ali Vs. Chancellor of Rajshahi University, Rajshahi & others, 1997, 26 CLC (HCD)

....ence by this Court. In the result this Rule is discharged. But in the facts and circumstances of the case we pass no order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 1.......n probation before the decision of the Syndicate. The Court cannot enquire into the existence of emergency or propriety of the action taken by the Vice-Chancellor. It was observed that in view of the provisions of section 16 of the General Clauses Act the appointing authority has inherent power to s..

Category: Employment/Service Law | Date: | Hits: 158

Arun Chandra Das and others Vs. Chittagong Port Authority, Bandar Bhaban, Chittagong and others, 2010, 39 CLC (AD)

....d with as prayed for. This appeal will be heard along with the appeal arose out of Civil Petition for Leave to Appeal No.2291 of 2008. Ed. This Case is also Reported in: VIII ADC (2011) 770. ......o pro­moted to the higher post. In view of Rule 54 of the Chattagram Bandor Kartripakha Karmachari Chakuri Prabidhannamala, 1991, the Public Servants Retirement Act, 1974 so far as it relates to the provisions for retirement and re-employment of public servants will be applicable, which does not pr..

Category: Employment/Service Law | Date: | Hits: 97

Bangladesh Water Development Board Vs. Md. Shafiqul Islam and others, 2010, 39 CLC (AD)

....titioners arc permitted to add the additional grounds. The order of status-quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 752....... petitioners are claiming benefit is not at all applicable to the post of Extension Overseers. The moot question involved in this petition are whether, Bangladesh Water Development Board violated any provisions of Service Rules, 1982 and dis­criminated regarding up gradation to scales of its own em..

Category: Employment/Service Law | Date: | Hits: 94

Md. Anwar Hossain and other Vs. Mosammat Hoshneara Begum alias Putul, being dead her heirs:-Kamrul Islam and others, 2011, 40 CLC (AD)

....t and order dated 28-29/10/2008 passed by the High Court Division in Civil Revision No.625 of 1995 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 744. ......remand with the purpose to ascertain the suit land. Mr. Islam has lastly contended that it being a well settled legal proposition that inherent power can­not be invoked while acting under specif­ic provisions of law, the learned Judge of the High Court Division acted beyond the scope of revision i..

Category: Property Law | Date: | Hits: 83

Kibria and Associates Ltd. Vs. Bangladesh Agricultural Development Corporation, 1992, 21 CLC (HCD)

....ters at rest arising out of the situation like the present one. In the result, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 712. ......India. So far as the power of the Arbitrator to award interest is concerned the expression "Court" employed in the Indian Interest Act provides that nothing in the Interest Act, 1978 shall affect the provisions of section 34 CPC. As in our country the Interest Act, 1839 is repealed by section 2 of t..

Category: Alternative Dispute Resolution | Date: | Hits: 156

Inspector of Schools, Board of Secondary and Higher Secondary Education, Dhaka and others Vs. Managing Committee, Khashmahal Balurchar High School and others, 2003, 32 CLC (HCD)

....defendants under Order VII, rule 11 of the Code of Civil Procedure is allowed. The plaint of title Suit No.12 of 2002 is hereby rejected. Ed. This Case is also Reported in: 57 DLR (2005) 34. ......deration before Division Bench of this Court in the case of Chairman Board of Intermediate and Secondary Education, Dhaka and others reported in 46 DLR 485. After elaborate discussions of the various provisions of the Ordinance and the regulations the Division Bench held that in a case in which the ..

Category: Employment/Service Law | Date: | Hits: 66

Khorshed Alam (Md.) Vs. Government of the Peo­ple's Republic of Bangla­desh represented by the Secretary, Ministry of Home Affairs, 2004, 33 CLC (HCD)

....ngla, District Bagerhat, now detained in Bagerhat district jail, be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 57 DLR (2005) 32.......overnment is authorised to pass fresh order of detention subject to its satisfaction that such detention is necessary to prevent commission of prejudicial act (s) as detailed in the Act, 1974 and the provisions of said section do not authorise the government to pass any order of extension of any det..

Category: Criminal Law | Date: | Hits: 64

Wahiduzzaman (Md.) Vs. Government of Bangladesh & others, 2003, 32 CLC (HCD)

.... are liable to be discharged. In the result, the Rules are discharged without any order as to cost. The stay granted earlier is vacated. Ed. This Case is also Reported in: 57 DLR (2005) 26. ......e 10 of Muslim Marriages and Divorces (Registration) Rules, 1975 as amended vide SRO No. 273 dated 2‑10‑2002 (Annexure-F) should not be declared to be unconstitutional. 2. As the vires of some provisions of law have been challenged in these two Rules and as the facts are also similar the Rule..

Category: Civil Law | Date: | Hits: 79

Abdul Mannan Bhuiyan (Md.) Vs. University of Rajshahi and others, 2004, 33 CLC (HCD)

....ding the application of the petitioner a cost should be imposed. In the result, the rule is made absolute with a cost of Taka 5,000 only. Ed. This Case is also Reported in: 57 DLR (2005) 14. ......nded by the Chairman of the concerned Department his answer script for the said paper ought to have been re‑examined and the respondents in not responding to his such prayer, in accordance with the provisions of sub‑section (5) of section (e) of the University Ordinance, justice had been denied ..

Category: Others | Date: | Hits: 157

Abdus Sattar Pramanik (Md) and another Vs. State and another, 2003, 32 CLC (HCD)

....r of stay granted at the time of issuance of the Rule is hereby recalled. Communicate a copy of this order to the Court concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 453.......hambhu Nath Saha and others Vs. State reported in 43 DLR 660, that when the alleged forged document is not produced in the proceeding before the Court then a private complaint is not barred under the provisions of section 195(1) (c). Quite clearly, in the instant case, in the absence of the original..

Category: Criminal Law | Date: | Hits: 62