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Dr. Md. Nazimuddin and others Vs. Md. Abdur Rahman Siddique and others, 2010, 39 CLC (HCD)
....ower Court's record at once. Let a copy of the judgment be transmitted to the Courts concerned at their respective station. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 305. ......he said Act appears to be a remedial Act for protection of interest of the parties. A remedial act is not necessarily becomes retrospective unless it has been given retrospective effect by express terms or necessary intendment. There is no express provision giving retrospective effect of any exi....... Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 305. ..Category: Civil Law | Date: 25 Feb, 2010 | Hits: 7
Nuvista Pharma Limited Vs. Chairman, National Board of Revenue & ors, 2010, 39 CLC (AD)
....der. In the premises we do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 302. ......k Guarantee and undertaking from the directors of Nuvista under section 59 of the VAT Act. Thereafter, the change of name and ownership was approved and permitted by the VAT authorities on those terms. The petitioner Nuvista filed the instant writ petition challenging the alleged direct demand...... Murad Reza, Additional Attorney General, instructed bv B. Hossain, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No.2592 of 2010. (From the judgment and order dated 27.10.2010 passed by the High Court Division in Writ Petition No.4968 of 2007.) ..Category: Business or Commercial Law | Date: 4 Jan, 2010 | Hits: 4
Paresh Chandra Biswas Vs. Sree Sree Shashan Kalimata Idol and others, 2009, 38 CLC (HCD)
....he result, the appeal is dismissed with costs. The connected Rule is discharged. Send down the lower Court records at once. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 679. ......or the Shebait is a trustee in the English sense and has property conveyed to, or vested in, him, but in almost every case he has some persona! Interest in the endowment which depends on the usage or terms of the grant. It is the presence of this personal interest in the trust property which makes t......so Reported in:61 DLR (HCD) (2009) 679. ..Category: Others, Property Law | Date: 16 Dec, 2009 | Hits: 94
Government of Bangladesh Vs. Syed Md. Belayet Hossain, 2009, 38 CLC (HCD)
....ng and accordingly the above judgment and order of the High Court Division does not call for any interference. The petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 512. ......called him for interview and he, having secured highest mark amongst all the candidates who faced the Selection Board, was selected for the post of principal of the above Abdul Malek College. Then in terms of the appointment letter issued on 22.06.2006 he joined the said college on 29.6.2006 as its ......d Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Surendra Kumar Sinha J The Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Education and another..............................Petitioners Vs. Syed Md. Belayet Hossain ..............Category: Employment/Service Law | Date: 10 Dec, 2009 | Hits: 159
Md. Jubayer Vs. State and others, 2009, 38 CLC (HCD)
....der be sent to the Court concerned at once for information. Afzal Hossain Ahmed, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 343; 15 MLR (HCD) (2010) 424 . ......e payee of the cheque has to give a notice in writing to the drawer of the cheque within thirty days of the receipt of information by him from the Bank regarding the return of the cheque as unpaid in terms of clause (b) to the proviso. The drawer of the cheque is obliged to make the payment within t......urt High Court Division (Criminal) Present: Afzal Hossain Ahmed J Md. Abdus Samad J Md. Jubayer…………………………..Accused-Petitioner Vs. The State and others…………………………….Opposite Parties Judgment November 09, 2009. ..Category: Criminal Law | Date: 9 Nov, 2009 | Hits: 128
Dr. Mir Jamal Uddin and others Vs. Dr. Nawzesh Farid and others, 2009, 38 CLC (AD)
....consideration. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 196, 15 BLC (AD) (2010) 161; VII ADC (2010) 560, 31 BLD (AD) (2011) 25. ......f the candidates more than the posts advertised on the advise of the Government, fifthly, promotion to the posts of Professor, Associate Professor and Assistant Professor comes under the ambit of the terms and conditions of service of the Government as such, the writ petitions are not maintainable. ...... Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Dr. Mir Jamal Uddin and others..................Petitioners (In Civil Petition No.1158-59 of 2009) Dr. Shafiuddin A..Category: Employment/Service Law | Date: 14 Oct, 2009 | Hits: 118
....tion money
along with the compensation, so deposited by the pre-emptor.
Send down the lower
Courts records immediately.
Ed.
This Case
is also Reported in: 30 BLD (HCD) (2010) 318.
......hmed J.- Supplementary
affidavit filed by the petitioner today be treated as part of the main
revisional application.
2. The Rule was
issued at the instance of the pre-emptee on the following terms:
"Let the
records be called for and a Rule issue calling upon the opposite parties to......urt Division
(Civil)
Present:
Md. Mamtaz Uddin Ahmed J
Tobarak Ali Bepari…………………………Petitioner
Vs.
Hachen Kha Being
Dead His Heirs 1(A) Razzak Kha and others…………………….Opposite Parties
Judgment
August 25, 2009.
Result..
Category: Property Law | Date: 25 Aug, 2009 | Hits: 3
Sheikh Mashuk Rahman Vs. State and another, 2009, 38 CLC (HCD)
....ult the Rule is discharged. The order of stay granted earlier by this court is hereby vacated. Communicate the order. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 28. ......imit; that during transactions, on request of the accused and as per his demand, the complainant company delivered to the accused computer accessories for an amount of Taka 30,04,225; that as per the terms and conditions of the said agreement dated 12-5-05 if the accused’s cheques were dishonoured......h Court Division (Criminal Miscellaneous Jurisdiction) Present: AKM Asaduzzaman J Md. Rezaul Hasan J Sheikh Mashuk Rahman..…………………Petitioner Vs. State and another……............Opposite Parties Judgment August 16, 2009. Cases Referre..Category: Banking Law | Date: 16 Aug, 2009 | Hits: 190
Dr. Mohiuddin Khan Alamgir Vs. ACC and another, 2009, 38 CLC (HCD)
....d. Since the appellant is on bail, let him be released from the bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 107. ......s not a competent witness. He submitted that P.Ws. 19 and 20 could not give any evidence at all to substantiate the correctness of the valuation given by them. Mr. Karim submitted that PW 21 in clear terms admitted that the valuation of the Banani house was made on the basis of the rate applicable f...... Court Division (Criminal Appellate Jurisdiction) Present: SM Dastagir Husain J Md. Raisuddin J Dr. Mohiuddin Khan Alamgir.................Convict-Appellant Vs. ACC and another....................Respondents Judgment July 13, 2009. Result: The a..Category: Anti-Corruption Laws | Date: 13 Jul, 2009 | Hits: 286
.... order of stay granted earlier by this Court stands vacated.
Office is directed to send down the record of the case at once.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 73.
......at the petitioner is not a defaulter in payment of rents inasmuchas he paid rent upto Ashar, 1402 B.S. to plaintiff and since Sravan 1402 B.S. he is paying rent to House Rent Controller. He adds that terms and conditions of solenama of earlier suit has no legal effect, in the instant suit keeping hu......aul Karim J
Radha Shyam Sarker……………………………..Petitioner
Vs.
Nani Gopal Sen being dead his heirs: Ashesh Kumer and others.......................Opposite parties
Judgment
July 5, 2009.
Result:
..
Category: Tenancy Law | Date: 5 Jul, 2009 | Hits: 154
Most. Abu Tara Vs. Md. Abdur Rahim Khan and others, 2009, 38 CLC (HCD)
.... rule is discharged without any order as to costs. Lower Courts records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 449. ......d a reply to his legal notice and on 15.11.2000 the opposite party No.1 requested the petitioner to execute and register the sale deed in his favour in respect of the suit land in accordance with the terms and conditions of Bainanama after receiving balance amount of Tk.50,000/= but the petitioner r......Present: Syed Abu Kowser Md. Dabirush Shan J Most. Abu Tara……………………Defendant-Respondent Petitioner Vs. Md. Abdur Rahim Khan and others……………………….Plaintiff-Appella..Category: Evidence Law | Date: 25 Jun, 2009 | Hits: 42
Bangladesh Power Development Board & others Vs. Abu Bakar Siddique & anothers, 2009, 38 CLC (AD)
....9 of 2001 are hereby declared to have been passed without lawful authority and is of no legal effect. Accordingly, the appeals are allowed without any order as to costs. Ed. ...... Power Development Board (Employees) Service Rules, 1982 providing for service conditions to be regulated by the said Rules in respect of employees of Bangladesh Power Development Board providing terms and conditions of service under which the said employees shall be governed. 11. Under rul......M Zahir, Senior Advocate with Azizul Huq Advocate, instructed by Md. Aftab Hossain, Advocate-on Record-For the Respondents (As added). Civil Appeal Nos. 341-358 of 2003. (From the judgment and order dated the 16th day of March, 2003 passed by the High Court Division in Writ Petition Nos.2..Category: Employment/Service Law | Date: 3 Jun, 2009 | Hits: 256
Bangladesh Power Development Board & others Vs. Abu Bakar Siddique & anothers, 2009, 38 CLC (HCD)
....ithout lawful authority and is of no legal effect. Accordingly, the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 214. ...... Power Development Board (Employees) Service Rules, 1982 providing for service conditions to be regulated by the said Rules in respect of employees of Bangladesh Power Development Board providing terms and conditions of service under which the said employees shall be governed. 11. Under rul......M Zahir, Senior Advocate with Azizul Huq Advocate, instructed by Md. Aftab Hossain, Advocate-on Record-For the Respondents (As added). Civil Appeal Nos. 341-358 of 2003. (From the judgment and order dated the 16th day of March, 2003 passed by the High Court Division in Writ Petition Nos.2..Category: Employment/Service Law | Date: 3 Jun, 2009 | Hits: 3
Zahed Hossain (Md.) Vs. State and another, 2009, 38 CLC (HCD)
....t be quashed and the same may continue as well. I like to add the above few words in support of my learned brother and I agree. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 386. ......M Menon [1993] 1 JCC 1; [1994] 79 Comp Cases 710. 17. The answer to the second contention raised by learned Counsel for the petitioners is found in section 325 of the Criminal Procedure Code. In terms of sub-section (1) of section 325 of the Criminal Procedure Code, whenever a Magistrate is of ......ion (Criminal Miscellaneous Jurisdiction) Present: Siddiqur Rahman Miah J Md. Ataur Rahman Khan J Zahed Hossain (Md.) …………… Accused Petitioner Vs. State and another …………………………Opposite Parties Judgment April 29, 2009. R..Category: Procedural Law | Date: 29 Apr, 2009 | Hits: 135
Dr. M. A. Yahia Vs. Md. Abdul Quader and others, 2009, 38 CLC (AD)
....therefore, no substance, in the leave petition and the same is dismissed accordingly. Ed. Case is also Reported in: 14 MLR (AD) (2009) 235; 29 BLD (AD) (2009) 59; 14 BLC (AD) (2009) 109. ......ty to the said writ petition only because he was the joint lessee of the said property and he suffered a huge loss while construction of the building on the leasehold property due to violation of the terms and conditions of the agreement by the writ petitioners. But the Court took an adverse view on......ion (Civil) Present: MM Ruhul Amin CJ Md. Abdul Matin J Md. Abdul Aziz J Dr. M. A. Yahia.......................................Petitioner Vs. Md. Abdul Quader and others....................Respondents Judgment April 15, 2009. Result: The ..Category: Property Law | Date: 15 Apr, 2009 | Hits: 36
Abdus Sahid @ Shahid & others Vs. Anowara Begum & others, 2009, 38 CLC (HCD)
....eipt of this order. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 394. ......ppellants filed a petition for compromise of the suit amongst themselves on 13.3.2000 which was allowed on 31.8.2003 upon examining two witnesses. Accordingly, the appeal was allowed on compromise in terms of the solenama which did form part of the decree. 4. Thereafter, the defendant Nos.8-12 ......hellip;……………Opposite Parties Judgment April 9, 2009. Result: The Rule is discharged. Case Referred to- Ahejuddin Molla Vs. Hanufa Bibi and others, 26 D.L.R. (1974) 323. Lawyers Involved: Md. Faroque Ahmed with Anjuman-Ara Beg..Category: Property Law | Date: 9 Apr, 2009 | Hits: 2
Fahima Nasrin Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....the Judiciary. Let the lower Court records be transmitted at once along with a copy of this judgment. Sheikh Abdul Awal J. - I agree. This Case is also Reported in: 61 DLR (HCD) (2009) 232. ......the purpose of releasing children from custody in the certified institutes and approved homes before the expiry of their custody as awarded by the Court. 14. Mr. Islam further submitted in general terms that the Children Act, 1974 is a law which was promulgated in order to extricate the matters o......pecial Original Jurisdiction) Present: Md. Imman Ali J Sheikh Abdul Awal J Fahima Nasrin, daughter of Abul Hashem Mia........................Petitioner Vs. Government of Bangladesh and others..........................Respondents Judgment February 11, 2009. Result: The..Category: Women and Children | Date: 11 Feb, 2009 | Hits: 189
Sontosh Kumar Shaha Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....s judgment at their end. 72. However, there shall be no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 301. ......bility of this rule a further ground has been taken by the Respondent No.2 that the order of suspension, the departmental proceeding and the issuance of the second show notice having touched the terms and condition of the incumbent, who being a judicial officer and Government Servant, is amenab...... Sontosh Kumar Shaha…………………………………………Petitioner Vs. Government of Bangladesh and others………………Respondents Judgment February 5..Category: Administrative Law, Constitutional Law | Date: 5 Feb, 2009 | Hits: 2
Dr. Shipra Chaudhury and another Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....rity and in an unlawful manner. 38. There is no order as to costs. I Agree Quamrul Islam Siddiqui J. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 183. ......nu exclusively. The portion of the order dated 14.12.2008 necessary for disposal of the instant Rule is quoted below: "We talked to her for more than half an hour. She told us, in unequival terms, that her movement was severely restricted for the last five months. We do not like to state h......) 183. ..Category: Women and Children | Date: 19 Jan, 2009 | Hits: 10
Nazimuddin (Md.) Chairman Vs. Government of Bangladesh, 2008, 37 CLC (HCD)
.... and discussions as made above, we do not find any merit in this Rule which is accordingly, discharged without any order as to cost. This Case is also Reported in: 61 DLR (HCD) (2009) 81. ......a legal sanction as required under the relevant Laws and Rules. His first submission is that there must be a sanction before lodging of the FIR in respect of an under the schedule of ACC Act, 2004 in terms of section 32(1) and (2) read with Rule 15(2) of the ACC Rules, 2007. Section 32 of ACC Act, 2...... The Anti Corruption Commission Act, 2004 (Act No. V of 2004); Section 32 (1) & (2) The Anti Corruption Commission Rules, 2007; Rule 15 (2) 'Sanction' is an administrative act and isn’t subject to any judicial scrutiny……………..(21) ..Category: Anti-Corruption Laws | Date: 4 Dec, 2008 | Hits: 149
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