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Chevron Lines Vs. Chairman, Bangladesh Oil, Gas and Mineral Corporation, 1990, 19 CLC (HCD)
....e said to be arbitrary or mala fide in any manner. Impugned letter of intent dated 1.1.1990 has therefore been issued lawfully and validly. Ed. This Case is also Reported in: 43 DLR (1991) 218. ...... has been violated in this case. In this connection Mr. Bhuiyan submitted that the respondent Nos. 1‑3 had unfettered right to accept or reject any or all quotations without assigning any reason in terms of the provision of the tender documents itself and that neither the petitioner nor for that m......stered partnership with its office at Sheikh Mujib Road, Dewanhat, Chittagong………………………………………………………..Petitioner Vs. The Chairman, Bangladesh Oil, Gas and Mineral Corporation (Petrobangla), 122-124 Motijheel Commercial Area, Dhaka and others……..Category: Others | Date: | Hits: 131
Shaikh Baharul Islam Vs. State, 1990, 19 CLC (HCD)
....se. In the result, the appeal of Abdul Bari is allowed and those of others are dismissed with the modification of sentence as aforesaid. Ed. This Case is also Reported in: 43 DLR (1991) 336. ......l Islam and accused Abdul Bari have brought Arun from his house to the Ramna PS although such act, from be trend of circumstances, appears to be very friendly but Mr. Aminul Huq, the learned Advocate terms this act as criminal. It is seen that this first ring of circumstantial evidence is quite indi......Appellants (In Criminal Appeal No. 408 of 1988). M Shamsul Alam, Deputy Attorney‑General with SB Barua, Advocate ‑ For the State. Aminul Huq with Nizamul Huq, Nurul Islam Sujon, Farid Ahmed and Adilur Rahman Khan, Advocates ‑For the Complainant. Criminal Appeal No. 396 of 1988 with Cr..Category: Criminal Law | Date: | Hits: 87
Chairman, BCIC Vs. Md. Ali Akkas and others, 2010, 39 CLC (AD)
....ove, the submissions of the learned Counsel for the petitioners deserve no consideration. Accordingly, these petitions are dismissed Ed. This Case is also Reported in: VIII ADC (2011) 181. ......tions 1 and 2 of Regulation 30 are considered in juxtaposition, it appears that the provisions of both the sub-regulations are contradictory but in sub-article 2, it has been stated in no uncertain terms that encashment of 'earn' leave shall be calculated as per the 'last basic pay'. 6. The Hi......ammad Fazlul Karim CJ Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J The Chairman, Bangladesh Chemical Industries Corporation (BCIC) and others………….......Petitioners (In both the petitions) Vs. Md. Ali Akkas and oth..Category: Employment/Service Law | Date: | Hits: 90
Bangladesh Inland Water Transport Corporation Vs. Nazma Transport Company, 1991, 20 CLC (HCD)
.... Court and the Marine Court is at liberty to proceed with the proceeding in accordance with law. There shall be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 152. ......ati at a cost of Tk. 22,949.00. On 24.2.87 the plaintiff prepared a bill for the repairing cost of MV Modhumati and sent the same to the defendant on 15.3.87 requesting him to pay aforesaid amount in terms of the bill but the defendant did not make any arrangement for payment of the above bill. The ...... as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 152. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 164
Agragami Engineers Ltd. Vs. Bangladesh Bank and others, 1992, 21 CLC (HCD)
....bound by the submission. In the result, this Rule is discharged with the observations as stated above without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 134.......ves in a given situation to appoint a tenderer or rather a contractor or not and they have exercised that right in giving the tender to none because according to them all of them have deficiencies in terms of the tender document. 31. If the State Bank avoided to enter into a bad deal with accepta......rt High Court Division (Special Original Jurisdiction) Present: Anwarul Hoque Choudhury J KM Hasan J Agragami Engineers Ltd.....................Petitioner Vs. Bangladesh Bank and others…………………Respondents Judgment November 17, 1992. Cases Referred To- ..Category: Others | Date: | Hits: 123
Md. Riaz Uddin Khan and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
....ornerstone of our constitutional scheme will gave way and with it will disappear the rule of law and the civilized life in the society. It is for this purpose that the Courts are entrusted with the extraordinary power of punishing those who indulge in acts whether inside or outside the Courts, w......of Tk. 100/-, in default, to suffer simple imprisonment for 1(one) day. They respondent No.2 is let off the charge with the above observations. This Case is also Reported in: 8 LG (AD) (2011) 122. ...... in: 8 LG (AD) (2011) 122. ..Category: Criminal Law | Date: | Hits: 124
Privatization Commission Vs. Golam Mostafa and others, 2011, 40 CLC (AD)
....h costs of Taka 50,000. The judgment and order of the High Court Division is set aside. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 67, 31 BLD (AD) (2011) 173, 16 MLR (AD) (2011) 239. ......ully and deliberately delayed the process of handing over the possession of the Mills to him by imposing an additional condition demanding payment of 10% down payment of the long term loan beyond the terms of the tender. 2. The writ respondent No. 2 claimed that at the time of purchase of the ten......t Appellate Division (Civil) Present ABM Khairul Haque CJ Md. M Hossain J SK Sinha J Privatization Commission.................................Appellant Vs. Golam Mostafa and others...............................Respondents Judgment February 14, 2011. Result: ..Category: Civil Law | Date: | Hits: 90
Shoaib (Md.) Vs. Uttara Bank Ltd. and another, 1990, 19 CLC (HCD)
....rtificates and original instruments of transfer of share on furnishing the photo copies of the same duly certified by the learned Advocate. Ed. This Case is also Reported in: 43 DLR (1991) 329. ...... been lost, the company may, if the directors think fit, on an application in writing made by the transferee and bearing the stamp required by an instrument of transfer, register the transfer on such terms as to indemnity as the directors may think fit." 13. Mr. M Nurullah further submits that th......Supreme Court High Court Division (Original Civil Jurisdiction) Present: Md. Mozammel Hoque J Shoaib (Md.)........................................Petitioner Vs. Uttara Bank Ltd. and another. ................Respondents. Judgment June 3, 1990. Cases Referred to- Job..Category: Company Law | Date: | Hits: 175
Deputy General Manager, Rupali Bank Ltd. Vs. Shah Jalal and others, 1990, 19 CLC (HCD)
....decision by the Trial Court on very independent issues without making any piecemeal of them." The Rule is, accordingly, discharged without Ed. This Case is also Reported in: 43 DLR (1991) 193.......n respect of any matter falling within the jurisdiction of such tribunal and since the instant suit was brought after the incorporation of Rupali Bank in the Schedule of the Act and it relates to the terms and conditions of an employee of the Rupali Bank the Civil Court shall have no jurisdiction to...... Court High Court Division (Civil Revisional Jurisdiction) Present: Bimalendu Bikash Roy Choudhury J Deputy General Manager, Rupali Bank Ltd............Petitioner Vs. Shah Jalal and others.......................................Opposite‑Parties. Judgment May 15, 1990 ..Category: Employment/Service Law | Date: | Hits: 64
Habibullah Chowdhury (Md.) Vs. Rajdhani Unnayan Kartipakhho and another, 1990, 19 CLC (HCD)
.... to costs and the order of stay passed by this Court is vacated. Let a copy of the judgment be served on the respondents for future guidance. Ed. This Case is also Reported in: 43 DLR (1991) 187.......structed, or any addition or alteration to any building is being made or any tank, is being excavated or re‑excavated, without obtaining the sanction under section 3, or in breach of any of the terms or conditions subject to which sanction was granted under that section, he or it may, by a not......tion) Present: Fazle Hussain Mohammad Habibur Rahman J Kazi Ebadul Hoque J Habibullah Chowdhury (Md.) ....................................Petitioner Vs. Rajdhani Unnayan Kartipakhho and another ..............Respondents. Judgment August 30, 1990. Lawyers Involved: MG Bh..Category: Property Law | Date: | Hits: 77
State Vs. Md. Monirul Islam alias Nirab and others, 2011, 40 CLC (AD)
....ection 498 of the Code of Criminal Procedure. We wish to lay down as a first proposition that it is an extraordinary remedy, and an exception to the general law of bail which can be granted only in extraordinary and exceptional circumstances upon a proper and intelligent exercise of discretion. ......of the jurisdiction of the Court: ".............this Court cannot claim to exercise any inherent power to grant bail at any stage of the proceedings...........it must be derivable from the express terms of the Code itself." 16. Regarding the granting of the bail to a person who is not yet arr......Present ABM Khairul Haque CJ Md. Muzammel Hossain J SK Sinha J State...................................................................Petitioner Vs. Md. Monirul Islam alias Nirab and others..................Respondents Judgment January 5, 2011. Cases Referred To- L..Category: Criminal Law | Date: | Hits: 89
Budhiswar Biswas Vs. Akbar Ali Sheikh and others, 1990, 19 CLC (HCD)
....nd hence those are set aside resulting in the dismissal of the suit. This rule is, accordingly made absolute without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 183.......the land reconveyed in the favour. Thus the finding of the learned Trial Court is not based on legal evidence but on inference only The Court of appeal below found that the plaintiff are bound by the terms of the kabala but he went further in holding that the defendant cannot go back from his own co......83...Category: Property Law | Date: | Hits: 74
Gura Meah Vs. Hari Pada Parial & others, 1990, 19 CLC (HCD)
....ubstance in this appeal for what have been discussed above. In the result, the appeal is dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 181.......y Chagla CJ in the case of Province of Bombay Vs. WI Automobile Association reported in 1949 Bom. 141 which was relied on by the Madras High Court is quoted as under: "The Civil Code does not in terms lay down as to Who can be a party to an appeal. But it is clear and this fact arises from the ...........................Appellant Vs. Hari Pada Parial & others............Respondents. Judgment July 22, 1990. Cases Referred to- H K Saya & Co. Vs. Wazir Ali Industries Ltd. and Habib Bank Ltd. 21 DLR (SC) 50; Sm. K. Ponnalagu Ammal Vs. The State of Madras, 1953 Mad. 485; P..Category: Property Law | Date: | Hits: 69
Chairman, Rural Electrification Board Vs. Md. Awlad Hossain and Others, 2010, 39 CLC (AD)
....e petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 73, 31 BLD (AD) (2011) 73, 16 BLC (AD) (2000) 111 & 8 LG (AD) (2011) 85. ......use notice on 16th September, 2007 to explain as to why he should not be removed (অপসারন) from the service under Rule “৪০(১)(খ)(ই)” of the REB Service Rules in the following terms: “যেহেতু আপনার উল্লেখিত আচরণ দায়ি......nha J The Chairman, Rural Electrification Board, Head Quarter Building, Nikunja-2, Khilkhet, Dhaka-1229………………………………………………Petitioner Vs. Md. Awlad Hossain and Others………………………………Respondent Judgment February 7, 2010. Cases R..Category: Employment/Service Law | Date: | Hits: 175
Anwar Hossain Majhi Vs. Government of Bangladesh & others, 1989, 18 CLC (HCD)
.... Thus, the literary meaning of "opinion" also warrants some basis for its formation. Had it been the intention of the law makers that mere pendency of criminal cases would be sufficient to invoke the extraordinary executive authority of the Government to dislodge an elected public. representative fr...... 29.2.88 under section 409 of the Penal Code have been started against the petitioner as Chairman. In the first paras of the impugned order the concerned authority have expressed their mind using the terms as hereunder:- যেহেতু, শরীয়তপুর জেলাধীন ভেদ......amp; others...............Respondent. Judgment December 5, 1989. Cases Referred to- 1981 BLD (AD) 196 Md. Abdul Hai Bhuiyan Vs. Secretary, Ministry of Local Government, Rural Development and Co‑operative and others. Lawyers Involved: Aminul Huq with Md. Nizamul Huq, Advocates ..Category: Election Law | Date: | Hits: 121
Rana Awan (Mrs.) Vs. Bangladesh, 1990, 19 CLC (HCD)
.... any dispute as to the principle of law formulated by Mr. MH Khondker that when disputed questions of title involve disputed questions of fact such questions cannot be decided within the ambit of the extraordinary jurisdiction with which this Court is vested under Article 102 of the Constitution. In...... in the prescribed manner and, after taking such evidence as may be produced, shall pass an order, stating the reasons thereof for rejecting the application or allowing it, wholly or in part, on such terms and conditions as it thinks fit to impose." It, therefore, appears that under clause (1) of......diction) Present: M S Ali J Naimuddin Ahmed J Rana Awan (Mrs.)........................................... Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Works and others.......Respondents. Judgment August 20, 1990. Cases Referred to- 16 DLR (SC) ..Category: Property Law | Date: | Hits: 78
Shah Sekandar Molla Vs. New Sagurnal Tea Co. and Others, 2010, 39 CLC (AD)
....do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 65, 8 LG (AD) (2011) 103, 16 BLC (2011) 96. ......ths from the date of execution of the contract, but failed. The petitioner without taking permission from the concerned Department for cutting and removing timber took away some timbers violating the terms and conditions of the contract. Hence the suit for sustaining loss of Taka 5,22,58,700/-. 4...... (2011) 103, 16 BLC (2011) 96. ..Category: Civil Law | Date: | Hits: 113
.... made order of certiorari setting aside the decision of the Chief Constable. The aforesaid decision of the Court of Appeal of England has no application in Bangladesh in the matter of exercise of the extraordinary power in writ jurisdiction under section 102 of the Constitution in view of the provis......standing anything hereinbefore contained Parliament may by law establish one or more administrative tribunals to exercise jurisdiction in respect of matters relating to and arising out of-
(a) the terms and conditions of persons in the service of the Republic, including the matters provided for i......sain Mohammad Habibur Rahman J
Habibul Islam Bhuiyan J
Abdul Hannan Khan (Md.)................................Petitioner
Vs.
Secretary, Ministry of Home Affairs, Government of Bangladesh and others..............Respondents.
Judgment
March 19, 1990.
Cases Referred to-
SP Sam..
Category: Employment/Service Law | Date: | Hits: 79
Repco Laboratories Ltd. Vs. Nuruddin Ahmed and others, 1989, 18 CLC (HCD)
....ocedure there is no scope for me for interference with his order. Accordingly, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 123. ......Order 39 rule 6 of the Code which reads as follows. "6. The Court may, on the application of any party to a suit, order the sale, by any person named in such order, and in such manner and on, such terms as it thinks fit, of any movable property, being the subject‑matter of such suit, or attache...... Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Nurul Huque Bhuiyan J Repco Laboratories Ltd............................Petitioner Vs. Nuruddin Ahmed and others.....................Opposite Parties. Judgment June 21, 1989. Cases Referred to-..Category: Procedural Law | Date: | Hits: 84
Durgarani Sarkar Vs. United Bank of India Ltd. and others, 1989, 18 CLC (HCD)
.... at the Bank's rate althrough till repayment of the same. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 121. ......ontract for sale. Thus, referring the decision reported in 37 DLR (AD) 126 HN Fabrics Ltd. Vs. Mallick Textile Industries and others, the learned Advocate submits that there being no certainly of the terms of the contract namely, the consideration money as well as the quantum of land, the alleged co...... High Court Division (Civil Revisional Jurisdiction) Present: Mohammad Abdur Rouf J Durgarani Sarkar ....................................Petitioner Vs. United Bank of India Ltd. and others..........Opposite Parties. Judgment June 28, 1989. Cases Referred to- HN Fab..Category: Property Law | Date: | Hits: 70
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