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Kalim Ullah (Md.) and others Vs. Fariduddin Ahmed, 2012, 41 CLC (AD)
....bdul Wahhab Miah J. I agree with the reasoning and findings given by my learned brother Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 33. ......g of the words of wider import is doubtful; but where the object of the Legislature, in using wider words, is clear and free of ambiguity, the rule of cortstruction in question cannot be pressed into service". 15. 'Noscitur a sociis' is a Latin maxim which means that it is known by..Category: Trust/Waqf Law | Date: 1 Feb, 2012 | Hits: 10
Mosharref Hossain Vs. Governor, Bangladesh Bank and others, 2012, 41 CLC (AD)
....ense. In view of the above discussions, we do not find any merit in the review petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 263. ......ense. In view of the above discussions, we do not find any merit in the review petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 263. ..Category: Banking Law | Date: 26 Jan, 2012 | Hits: 148
MN Alam Associated Ltd Vs. Chairman, Rajdani Unnayan Kartripakkhaya, 2012, 41 CLC (AD)
.... arbitration may proceed afresh in accordance with law. With the above observations and findings the appeal is disposed of. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 153. ......nt completed the work and submitted the draft final plans and reports on 14-6-1988. The appellant also requested the respondent on several times for payment of their professional bill for consultancy services but the respondent did not pay any heed to the request. In order to remove the uncertainty ..Category: Arbitration Law | Date: 24 Jan, 2012 | Hits: 7
Atif Atiq (Md.) and another Vs. Nurun Nahar Begum and others, 2012, 41 CLC (AD)
....reamble of this supplementary agreement read as under: "AND WHEREAS the LAND OWNER has mutually agreed to make changes in the original DEED OF AGREEMENT dated 18-8-2002 and the parties made this Supplementary Deed of Agreement; WHEREAS the land Owner has offered his land executioner and de......the supplementary agreement dated 16-8-2004. With the above observations, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 27, 18 MLR (AD) (2013) 65. ..Category: Property Law | Date: 22 Jan, 2012 | Hits: 87
Amzad Hossain Vs. Bangladesh Bank and others, 2012, 41 CLC (HCD)
.... that this Division in exercising its jurisdiction under writ certiorari has a limited scope to go into details of the factual aspect that has been brought before by both sides. In paragraph 4 of the Supplementary Affidavit the learned counsel specifically stated that under the Rules of Bangladesh B...... or by necessary implication by any statute. (Emphasis supplied) 19. Further in the case of Fazal Bhai Vs. Custodian General, AIR 1961 SC 1397 it was held that where the statute does not require service of notice and the person sought to be affected has already filed a representation, the quest..Category: Banking Law | Date: 18 Jan, 2012 | Hits: 179
SS Enterprise Vs. Government of Bangladesh others, 2012, 41 CLC (HCD)
....neous petition No.805 of 2011 allowing the release of the imported goods on furnishing a continuing bank Guarantee for the differential amount and accordingly the petitioner vide Annexure- 'K' to the Supplementary Affidavit furnished the Bank Guarantee and got the goods released and thereafter as pe......tioner to represent his case properly. With this observation the Rule is disposed of. Communicate this order at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 86. ..Category: Business or Commercial Law | Date: 10 Jan, 2012 | Hits: 102
Advocate Manzill Murshid Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... are set aside. The respondents are directed to revoke the impugned orders forthwith and restore the previous practice without further ado. Ed. This Case is also Reported in: ...... are set aside. The respondents are directed to revoke the impugned orders forthwith and restore the previous practice without further ado. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: 6 Jan, 2012 | Hits: 12
Bangladesh Rural Development Board Vs. Mohammad Shahjahan and others, 2011, 40 CLC (AD)
.... set aside. In the result, the appeal is allowed. The impugned judgment and order passed by the High Court Division be set aside. Ed. This Case is also Reported in: 9 ADC (2012) 195. ......vision, on hearing both the sides, made the Rule issued in that writ petition absolute holding mainly that the petitioner still remains a government officer while serving under BRDB and that his service benefits which he was entitled to as government officer were not curtailed or ceased and as ..Category: Employment/Service Law | Date: 14 Dec, 2011 | Hits: 133
Bangladesh Jute Mills Corporation Vs. Md. Mahbubur Rahman and another, 2011, 40 CLC (AD)
....e appeal. Accordingly, the appeal is allowed without any order as to cost. The impugned judgment and order is set-aside. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 6. ......ppellant Vs. Md. Mahbubur Rahman and another..................Respondents Judgment December 13, 2011. Result: The appeal is allowed. When someone resigns from his service factually and legally, he can not make any prayer for reinstating him.........................Category: Employment/Service Law | Date: 13 Dec, 2011 | Hits: 152
JMS Glass Industries Limited Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....directed to admit and dispose of the appeal expeditiously. With this observations and direction, the Rule is disposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 77. ......directed to admit and dispose of the appeal expeditiously. With this observations and direction, the Rule is disposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 77. ..Category: Fiscal/Taxation Law | Date: 12 Dec, 2011 | Hits: 14
Government of Bangladesh and others Vs. Saleha Akter, 2011, 40 CLC (AD)
....ed Deputy Attorney General for the petitioners. Accordingly, the leave petition is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 328. ......cel the appointment of the petitioner on the ground that there is no similarity in between the hand writing of the petitioner in the application for appointment and that of application for joining in service. Thereafter, the respondent No.3 by the impugned letter dated 02.08.2008 cancelled the appoi..Category: Employment/Service Law | Date: 8 Dec, 2011 | Hits: 204
Secretary, Ministry of Establishment and others Vs. Amzad Hossain and others, 2011, 40 CLC (AD)
....s Gazetted Officers immediately from the date of their appointment as Savings Officers. The appeal is disposed of accordingly. Ed. This Case is also Reported in: 18 BLC (AD) (2013)16. ......as further submitted that the writ petition was not maintainable in law as the question of gradation of the writ-petitioners as Second Class Gazetted Officers falls within the terms and conditions of service in the Republic and it is the Administrative Tribunal which had the exclusive jurisdiction t..Category: Employment/Service Law | Date: 24 Nov, 2011 | Hits: 88
Nazir Ahmed and others Vs. Fajal Ahmed & others, 2011, 40 CLC (HCD)
....l bear their respective costs. Send down the lower Court records with a copy of the judgment to the trial Court forthwith. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 260. ......aheruddin was the opposite party. These certified copies were issued as back as on 9-4-74 long before the institution of the instant suit in the year 1997 which clearly shows that it was owing to non service of notice upon Sachin Chandra Mohantha the only admitted heir of the admitted owners, t..Category: Civil Law | Date: 23 Nov, 2011 | Hits: 7
Jamuna Television Ltd. and another Vs. Government of Bangladesh & others, 2011, 40 CLC (AD)
....ion without having obtained requisite licences and NOC in accordance with law from the concerned Ministries and authorities. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 253. ......er VIII pursuant to Section 55 of the BT Act, 2001 licences are issued for establishing, operating or using radio apparatus or using radio frequency etc. Under Chapter V, the telecommunication service provider licences may be issued, amended, renewed, suspended, cancelled or otherwise deal..Category: Information Technology Law | Date: 16 Nov, 2011 | Hits: 18
Md. Asgar Ali Vs. Md. Shahidul Islam P.K. and others, 2011, 40 CLC (AD)
....ove, we do not find any merit in the appeal and accordingly, the same is dismissed, however, without any order as to cost. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 39. ......pellant Vs. Md. Shahidul Islam P.K. and others .........Respondents Judgment November 15, 2011. Result: The appeal is dismissed. Onus and presumption as to service of summons In case of allegation of non-service of summons upon the defendant/opposite..Category: Procedural Law | Date: 15 Nov, 2011 | Hits: 7
Victor Simon Paat and other Vs. M.V. Accord and others, 2011, 40 CLC (HCD)
....The plaintiff will be entitled to execute the decree against the sale proceed of the vessel M. V. ACCORD, now remaining in the Marshal account of this court. Ed. This Case is also Reported in: ......hip Manager of the vessel M. V. ACCORD, appointed the plaintiffs of the instant suits in the employment of the vessel M. V. ACCORD under a written employment agreement dated 2.12.1999 for a period of service of one year from the date of employment, to be expired on 1.1.2000. The crew members upon su..Category: Admiralty Law or Maritime Law | Date: 23 Aug, 2011 | Hits: 87
KM Alam & Co. and another Vs. People's Republic of Bangladesh, and others, 2011, 40 CLC (HCD)
....countant Firms in strict compliance with the provisions of the Public Procurement Rules-2008 after cancelling the disputed one. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 221. ......he Constitution. Hence, petitioners' locus-standi is allowed. Merit of the case: 15. It appears that the purchase in question was relating to a purchase of intellectual and professional service covered by Chapter-6 of the said Rules (Rules:103-126). Therefore, pursuant to the said Chap..Category: Civil Law, Constitutional Law | Date: 17 Aug, 2011 | Hits: 20
Dhaka Electric Supply Authority Vs. Md. Hanif and another, 2010, 39 CLC (AD)
....not call for any interference by this Division. Accordingly, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 9 ADC (2012) 559. ......rom the Dhaka Polytechnic Institute on 25.08.1984, joined the Bangladesh Power Development Board (P.D.B.) as a Sub-Asst. Engineer. After the creation of the Dhaka Electric Supply Authority (DESA) his service was transferred to and absorbed by DESA. Section 24 of Ordinance No.6 of 1990 provides tha..Category: Employment/Service Law | Date: 14 Aug, 2011 | Hits: 163
Md. Rafique Ullah Vs. State, 2011, 40 CLC (HCD)
.... Damon Case No.23 of 2000 is hereby set aside. The appellant is released from his bail bond. Send down the lower Court records. Borhanuddin, J.- I agree. Ed. This Case is also Reported in: ......not adduce any evidence in defense. The defense case as it appears from the trend of cross-examination that the appellant was quite innocent and was falsely implicated in the case to dismiss him from service so that the informant’s sister-in-law could be transferred to the School against his vacan..Category: Women and Children | Date: 9 Aug, 2011 | Hits: 165
Tae Hung Packaging (BD) Limited and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....nd my learned brother, Md. Abdul Wahhab Miah J. I agree with the judgment of my learned brother, Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 144. ......e point of maintainability of a writ petition in presence of alternative remedy, in Mujibur Rahman Vs. Bangladesh, 44 DLR (AD) 111, it has been argued by Mustafa Kamal, J. that a person in the service of Republic who intends to invoke fundamental rights for challenging the vires of a law may..Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39