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Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)
....titioners vide Annexure-Z(3) of the writ petition. Considering 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) 357.......Examination. Clearly there is a sinister motive in this. The respondent No.2 is determined to fill up all possible vacant posts to create a further excuse for denying the petitioner and 6 officers’ rights to be absorbed which should have taken place as soon as the Establishment Division recommende..Category: Employment/Service Law | Date: | Hits: 186
....ndent is directed to entertain, hear and dispose of the appeal preferred by the petitioner in respect of assessment year 1987‑1988.
Ed.
This case is also Reported in: 49 DLR (HCD) (1997) 279.
......to be filed. In effect, it takes away the right of appeal, if, for some reason or other, the assessee is unable to deposit 50% of the tax demanded. These are, therefore, the cases in which the vested rights of appeal of the petitioners have definitely been substantially affected." (Paragraph‑12).
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Category: Fiscal/Taxation Law | Date: | Hits: 221
British Airways Plc. Vs. Bangladesh Air Services Pvt. Ltd., 1996, 25 CLC (HCD)
....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. ......by private stipulation cannot take away. In this connection Mr. Khondker has referred to section 28 of the Contract Act for his argument that any agreement in restraint of legal proceedings about the rights of any party under or any in respect of any contract by the usual legal proceeding in the ord..Category: Alternative Dispute Resolution | Date: | Hits: 304
Sreemati Hari Rani Basak and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....ed, and, as such, it stands discharged for non-prosecution. No cost. Lower Courts Records are sent down. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 506; 13 BLC (HCD) (2008) 1. ......luntarily renounces it or is guilty of some conduct involving loss of citizenship. The onus of providing that a citizen of India has lost his citizenship is on the party seeking to deprive him of his rights as a citizen. Further observation is in the following terms: To every adult person the ..Category: Procedural Law | Date: | Hits: 108
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.......to give a consideration to husband for her release from marriage tie. It is again voiced that khula divorce is effected by an offer from wife to compensate husband if he releases her from his marital rights and acceptance by husband of the offer. 45. On a plain reading of section 7(1) of The Ordi..Category: Family Law | Date: | Hits: 165
Kabiruddin Ahmed Vs. Akmal Hossain and others, 1995, 24 CLC (HCD)
.... no order as to costs. Let a copy of this Judgment and order be sent to the Chief Election Commissioner for his taking necessary steps. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 245.......cedural law has a retrospective effect in the sense of being applicable even to judicial proceedings initiated before the change, provided of course this can be done without affecting any substantive rights acquired by any of the parties to the proceedings before the change." 27. In the case of A..Category: Election Law | Date: | Hits: 301
Janata Bank Vs. Saiful Islam, 2006, 35 CLC (HCD)
....defendant-respondent within three months with a direction to amend the plaint as prayed for. Office is directed to do the needful. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 18. ......he amendment of pleadings are intended for promoting the ends of justice and not for defeating them. 19. We think that it is a well established principle that the object of Courts is to decide the rights of the parties and not to punish them for mistakes they make in the conduct of their cases by..Category: Civil Law | Date: | Hits: 117
Bangladesh Bank Vs. Md. Kasedul Haque Majumder, 2003, 32 CLC (HCD)
....ion by sea merchants so much so that even the common law stalwarts encountered no conundrum in according validity to arbitration clause, by way of a significant departure from the general rule that a contractual clause purporting to exclude Courts jurisdiction (which an arbitration clause effectivel......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. Warish Uddin Chowdhury Vs. Bangladesh and others, 2008, 37 CLC (AD)
....e above, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 253.......he department of respondent No.3. The provisions of Saw Mills License Rules, 1998 is repressive, unfair, unreasonable and in violation of the principles of natural justice and in beach of fundamental rights of a citizen as enshrined in the Constitution. The Rules do not have single provision to allo..Category: Others | Date: | Hits: 127
Bangladesh Parjatan Corporation Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)
.... writ-respondent-appellants herein to reinstate him in his post with all his due back wages and benefit. The appeals are dismissed. No order as to cost. Ed. This Case is also Reported in: ......llenged the impugned order of termination as contained in annexure-‘C’ to have been issued without lawful authority and was of no legal effect and no ground as to the violation of his fundamental rights as guaranteed in Part III of the Constitution was taken. Be that as it may, in the context, w..Category: Employment/Service Law | Date: | Hits: 156
Government of Bangladesh and others Vs. Abdul Quader Mollah and another, 2011, 40 CLC (AD)
....ts to provide the petitioners Division-1 status under the Jail Code. There is no merit in this petition, which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 240....... they are suspected accused under the International War Crimes Tribunal they cannot claim fundamental right guaranteed in Part III of the Constitution. Part III of the Constitution guarantees host of rights and those rights cannot be denied to a prisoner who is detained in connection with a criminal..Category: Criminal Law | Date: | Hits: 95
Mazharul Haque Vs. Bulk Management (Bangladesh) Ltd. and others, 1996, 25 CLC (HCD)
.... present petition for winding up. The present application is therefore not admitted. It is rejected without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 453. ......liable to contribute to the assets of the company to an amount sufficient for payment of its debts and liabilities and the costs, charges and expenses of the winding up, and for the adjustment of the rights of the contributories among themselves, with the following qualification that is to say: "..Category: Company Law | Date: | Hits: 185
Amiren Nessa and another Vs. Harun Mia and others, 1982, 11 CLC (HCD)
....d circumstances of the case we direct the parties to bear their respective costs up to this stage. Amin-Ur-Rahman Khan J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 11.......lf on behalf of the contesting defendants. D.W.2 was examined for defendant No.1 to claim a saham. Certain Khatians were produced by the plaintiffs to prove that their names appear in those record of rights. 5. The learned Subordinate Judge on consideration of the materials on record rejected t..Category: Property Law | Date: | Hits: 93
Abul Basher Chowdhury Vs. Mehar Khatun, 1982, 11 CLC (HCD)
....ppellate Court below calls for any interference in revision. In the result the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 6. ...... review the appellate decree or order has been granted to the appellate Court by the said special statue. Mr. Chowdhury submits that both the right of appeal and the right of review are substantive rights, and not merely procedural rights, and unless a special Act or statute confers the right of..Category: Procedural Law | Date: | Hits: 119
Shahryar Murshed and others Vs. Principal, Chittagong Medical College and others, 1994, 23 CLC (HCD)
.... any lawful authority and, as such, is of no legal effect. The Rules are accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 482. ......pon to perform under section 8 of the University Ordinance, it was a quasi juridical act and any inquiry that is conducted thereinto before action is taken must be conducted with due regard to the rights accorded by the principle of natural justice." 18. The Appellate Division in the said cas..Category: Others | Date: | Hits: 168
Asgar Ali Mia and others Vs. Bangladesh and others, 2010, 39 CLC (HCD)
.... (F) of 2004 is disposed of accordingly. However, there will be no order as to costs. Sent down the lower Court's records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 37.......ers of natural guardian narrated as follows: "Powers of Natural Guardian.— The powers of a natural guardian under Hindu Law as hitherto applied have been dealt with in sections 528-531 ante. The rights of a natural guardian under that law as interpreted by the Courts were comparatively wide. Th..Category: Property Law | Date: | Hits: 147
Tara Mohan Barman Vs. Ananda Mohan Barman & others, 1995, 24 CLC (HCD)
....tay order granted earlier by this Court is hereby vacated. Send down the records to the Court below at once. No order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 226. ......ur of Darika Nath, even if so, whether on the basis of this so‑called relinquishment, the plaintiff can claim the admitted 12 annas share of Girish and Sukmon in the CS recorded holding and whether rights of Girish and Sukmon were lost and transferred in favour of Darika Nath. 5. Admittedly, th..Category: Property Law | Date: | Hits: 123
Rajshahi Girls' High School, Rajshahi and others Vs. Md. Abdul Mannan, 1995, 24 CLC (HCD)
....lude that its administration is likely to be seriously affected, the Managing Committee may decide not to waste its time by instituting an enquiry and proceed to terminate the services in exercise of contractual rights or statutory rights. 14. There is another aspect as well. The probationer has ......s administration is likely to be seriously affected, the Managing Committee may decide not to waste its time by instituting an enquiry and proceed to terminate the services in exercise of contractual rights or statutory rights. 14. There is another aspect as well. The probationer has no right to ..Category: Employment/Service Law | Date: | Hits: 166
Md. Nurul Islam Vs. Nur Ayesha Begum, 2007, 36 CLC (HCD)
....'s records at once along with a copy of this judgment to the Courts below for information and necessary action. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 10; 7 LG (HCD) (2010) 300. ......s created in their wombs, if they have faith in Allah and the last day. And their husbands have the better right to take them back in that period, if they wish for reconciliation and women shall have rights similar to the rights against them, according to what is equitable, but men have a degree ove..Category: Family Law | Date: | Hits: 202
Makbul Ali & others Vs. Manwara Begum & others, 1987, 16 CLC (HCD)
....o.2 is hereby set aside after being quashed. She is to be released from her bail bonds immediately. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 181.......mstances such as sterility physical infirmity, physical unfitness for the conjugal relation, willful avoidance of a decree for restitution of conjugal infirmity, physical unfitness for the conjugal rights, or insanity on the part of an existing wife as provided under Rule 14 of the Muslim Family L..Category: Family Law | Date: | Hits: 193
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