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AA Engineering Limited Vs. University of Khulna, 2013, 42 CLC (AD)
....thout deducting therefrom any amount on account of VAT. Khulna University is under the obligation to pay VAT in the instant case. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 19. ......asons. The controlling effect of this aid which is known as 'executive construction' would depend upon various factors such as, the length of time for which it is followed, the nature of rights and property affected by it, the injustice result from its departure and the approval that it..Category: Fiscal/Taxation Law | Date: 3 Oct, 2013 | Hits: 28
Bakhrabad Gas System Limited Vs. Al Masud-ar-Noor and others, 2013, 42 CLC (AD)
....appointed after the coming into effect or force of the same. With the above observations, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 187. ......ner Vs. Al Masud-ar-Noor and others.................................Respondents Judgment September 26, 2013. Result: The petitions are dismissed. The accrued/vested rights of its employees can not be taken away Service Rules The appointing authority has e..Category: Employment/Service Law | Date: 26 Sep, 2013 | Hits: 12
ATM Nazimullah Chow¬dhury Vs. State & another, 2013, 42 CLC (HCD)
....ppropriated the monthly salaries of Jewel Miah and Selim Parvez to the tune of 34,150 Dirhams up to the month of February, 2008. 30. The P.W.1 Abdullah-al-Zahid next deposes that during his contractual tenure as Ambassador of Bangladesh to the UAE, the accused-Ambassador purchased some hou......eps to secure his arrest. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 500. ..Category: Criminal Law, Procedural Law | Date: 1 Aug, 2013 | Hits: 5
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11
Robi Axiata Ltd Vs. First Labour Court Dhaka and others, 2013, 42 CLC (HCD)
.... The Petitioner contends that in each such case, going by the very nature of the work assigned being temporary, each contractual period ranged from consecutive 89 days to a maximum of six months expressly stipulating ......Orders of Stay as initially granted are necessarily recalled and vacated. There are no Orders as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 551 ..Category: Labour and Industrial Law | Date: 28 Jul, 2013 | Hits: 7
Afazuddin Fakir (Md.) Vs. MH Rahman and others, 2013, 42 CLC (HCD)
....d with the Miscellaneous Case in accordance with law. Send down the lower Court records with copy of this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 581 ......ws: Defination of Decree: "2. (2): "decree" means the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit and may be..Category: Property Law | Date: 17 Jun, 2013 | Hits: 4
Monowara Begum Vs. Government of Bangladesh others, 2013, 42 CLC (HCD)
....granted earlier by this court is hereby recalled and vacated. Send down the Lower Court's Records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 476. ......nt for which the defendant filed Title Suit No. 351 of 1975 in the court of 2nd Munsiff, Barisal which was decreed on compromise and defendant No.2 got her name mutated in the relevant record of rights and the defendant No. 2 paid rents to the Government. Defendant Nos. 3 and 4 in collusion wit..Category: Civil Law, Property Law | Date: 16 Jun, 2013 | Hits: 2
Moon Construction Company Limited Vs. Government of Bangladesh & others, 2013, 42 CLC (HCD)
....ed admitted bill for the retention money until today (date of hearing). As we already have mentioned above that the contract is over and at this stage the instant writ petition is not merely based on contractual issue. We maintain that once the bill of the petitioner has been duly prepared by the re......ent. Office is directed to communicate the copy of this judgment forthwith. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 193 ..Category: Constitutional Law | Date: 16 May, 2013 | Hits: 4
Dhaka City Corporation Vs. Firoza Begum & others, 2013, 42 CLC (AD)
....hman, learned Senior Advocate, appearing on behalf of the appellant, submits that the writ-respondents having known about the fate of their status on completion of the project and their service being contractual in nature, continuation of their service in the project did not create any right in thei......on are based on proper appreciation of laws and facts. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 145. ..Category: Constitutional Law, Employment/Service Law | Date: 6 Mar, 2013 | Hits: 17
Rear Admiral M. Nurul Islam, NCC, PSC (Retd.) Vs. State, 2013, 42 CLC (HCD)
...., stores and amenities including training, with minor observations. 23. Hence, the committee recommends for acceptance of the 4th lowest offer subject to fulfilling the minor observations during contractual agreement. 6th and 7th offer by DAWEOO need not be discussed. 24. We have perused t......are hereby vacated. Send down the lower court’s record with a copy of the judgment and order at once. Siddiqur Rahman Miah J. - I agree. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: 24 Feb, 2013 | Hits: 82
Amir Hossain Sowdagar Vs. Md. Harunur Rashid and others, 2013, 42 CLC (AD)
....ismissed. The appeal is dismissed with the above modification of the judgment, without however, any order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 130. ......t, put an end to an obligation; if the other party still insists on performance of the contract the repudiation is what is called 'brutum fulmen' that is, the parties are left with their rights and liabilities as before. A wrongful repudiation of a contract by one party does not of itse..Category: Contract Law | Date: 20 Feb, 2013 | Hits: 42
Rana Kaiser Siddiq Vs. Bangladesh Chemical Industries Corporation and others, 2013, 42 CLC (AD)
....Corporation and others………Respondents Judgment February 14, 2013. Result: The petition for leave to appeal is dismissed. Writ jurisdiction in case of contractual right Contractual right is not enforceable in exercise of writ jurisdiction..............acts do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 31,18 MLR (AD) (2013) 161. ..Category: Others | Date: 14 Feb, 2013 | Hits: 10
Mir Sharafat Ali Vs. Govemment of Bangladesh and others, 2013
....hin 2 (two) weeks time from the receipt of the copy this judgment. The office is directed to communicate the order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 201 ......can Jurisprudence, 2nd Ed at page 359, it is stated that:— "Personal liberty largely consists of the right of locomotion to go where and when one pleases only so far restrained as the rights of others may make it necessary for the welfare of all other citizens". 20. Ch..Category: Constitutional Law | Date: 10 Jan, 2013 | Hits: 2
Abul Khair Chandu Vs. State and another, 2013, 42 CLC (HCD)
....complainant-opposite-party also instituted Artha Rin Case No. 3 of 2005, which was decreed on 5-3-2007, and the Decree Execution Case No.24 of 2007 is still pending. So, business transaction and contractual obligation, being civil dispute in nature, criminal proceeding is not tenable; and, as s...... all necessary. 17. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 230 ..Category: Banking Law, Criminal Law | Date: 7 Jan, 2013 | Hits: 2
Amanullah (Md.) and other Vs. Abdul Aziz and others, 2012, 41 CLC (HCD)
.... With the above observations and directions this Rule is disposed of. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 485. ......ement with the decision of 9 MLR (AD) 253 and hold that contempt proceeding may he initiated primarily to vindicate Court's authority or it may be a coercive measure to enforce the litigants rights or may be for both. So our considered view is that the petitioners have locus standi to ..Category: Constitutional Law, Contempt of Court Law | Date: 5 Dec, 2012 | Hits: 4
Abdul Mannan Bhuiyan & others Vs. Md. Nasir Hossain, 2012, 41 CLC (AD)
....facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 44. ......p; Result: This civil petition for leave to appeal is dismissed. The SA and RS records are not an evidence of title and a registered document will prevail upon the records of rights and will remain in enforce unless the same is cancelled by an appropriate civil Court.……..Category: Property Law | Date: 2 Dec, 2012 | Hits: 35
Government of Bangladesh and oth¬ers Vs. Dr. Md. Nazrul Islam Bhuiyan and others, 2012, 41 CLC (AD)
....petitioners i.e. respondent Nos.1 to 7 were appointed as part-time teachers on temporary basis without any pay and allowances and they joined there accepting the terms and conditions of temporary and contractual service and, as such, the writ petitioners by the temporary appointment did not get any ...... the Civil Service (1984) 3 All ER 935 House of Lords observed that for a legitimate expectation to arise, the decision of the administrative authority must affect such person either- (a) by altering rights or obligations of that person which are enforceable by or against him in private law or (b) b..Category: Civil Law | Date: 28 Nov, 2012 | Hits: 4
Government of Bangladesh and others Vs. Hamento Kumar Barmon and another, 2012, 41 CLC (AD)
....we find no other alternative but to dismiss the appeals. Accordingly, the appeals are dismissed; no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 152. ......n and decided to proceed with the appeals, it would have been perpetuating a discriminatory treatment towards the petitioners (respondents in the appeals) in clear violation of their fundamental rights of equality before law and equal protection of law as guaranteed in article 27 of the Co..Category: Employment/Service Law | Date: 28 Nov, 2012 | Hits: 12
Esrarul Huq Chowdhury Vs. Md. Amir Hossain, Advocate and another, 2012, 41 CLC (AD)
.... 5 (five) years is set aside and that passed by the Tribunal in the complaint case is restored. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 313,66 DLR (AD) (2014) 1. ......sing ideal justice to all citizens, the equal protection, of law and thereby secures to them the enjoyment of their lives, property and honour and an indispensable condition of such protection of the rights of citizens is the existence in society of a community of Advocates, men learned in the law a..Category: Others | Date: 28 Nov, 2012 | Hits: 23