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Chowdhury Mahmood Hasan and others Vs. Bangladesh and others, 2002, 31 CLC (HCD)
....ved in the project how an evaluation of tenders could be done without maintaining a file. On the report on which the respondents have given much importance, we have found that this report is also not complete. As the conditions are mentioned in the report subject to fulfilment of which the proposals......the order for two weeks. Mr. Razzaq opposed the prayer. However, the operation of the order is stayed for ten days. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 537. ..Category: Information Technology Law | Date: 27 Mar, 2002 | Hits: 7
Mahmood Alam (Md.) and another Vs. Moklesur Rahman Bhuiya, 2002, 31 CLC (HCD)
....is only an agreement for sale and not an oral sale of the property. If that be so the possession of Varada Reddi in pursuance of such an agreement of sale and in the expectation that there would be a complete divestiture of all the rights of the owner in his favour on execution of a regular sale dee......al in Title Appeal No. 148 of 1996 affirming those dated 8-7-96 passed by Subordinate Judge, Court No. 1 in Title Suit No. 33 of 1995 in decreeing the suit. 2. Opposite party Nos. 1 to 3 and Mojibar Rahman, predecessor-in-interest of opposite party Nos. 4 to 13 as plaintiff instituted the suit ..Category: Property Law | Date: 27 Mar, 2002 | Hits: 4
Bangladesh and others Vs. Eastern Beverage Industries Ltd. & another, 2004, 33 CLC (AD)
....al and economic conditions of the modern age, and the ever growing amount of complicated social necessities, have made it practically impossible for the Legislatures to provide rules of law which are complete in all their details. Delegation of some sort, therefore, has become indispensable for maki...... appeals are allowed setting aside the impugned judgment and order of the High Court Division without any order as to costs. Ed. This Case is also Reported in: 56 DLR (AD) (1997) 153. ..Category: Fiscal/Taxation Law | Date: 13 Feb, 2002 | Hits: 161
Abdul Rashid Vs. Santi Bhusan Deb and others, 2003, 32 CLC (AD).
....the High Court Division the same is signed by the learned Judge when the transcript is ready with the date the judgment was pronounced. The judgment which has been orally dictated in the Court can he completely changed before it is signed and sealed provided notice is given to all parties concerned ...... konishto chachato bhrata goner 1 shri Nitai Chondo Deb, 2 Shri Shojib Kumar Deb, 3 Baboni Chondro Deb, 4 Pruddut Chandra Deb pita mrito Shukhendo Bikash Deb goner 1277 dager 42 shotok pukur o boshot bari ,doba o punir pario jomir 1.44 ak akor chuallish bhitore 42 biyallish shotok amra data goner ji..Category: Property Law | Date: 26 Jan, 2002 | Hits: 100
KM Obaidur Rahman Vs. State, 2003, 32 CLC (AD).
....ecution is not taking any effective step for producing and examining their witnesses and this petitioner is languishing in Hazot for no fault of his own. In such a case when the prosecution failed to complete the trial within the stipulated time the court below may very well consider enlarging the p......ithout any excuse and in case of his failure the trial Court will be at liberty to cancel the bail and take the appellant into custody and proceed with the case in accordance with law. Ed. ..Category: Criminal Law | Date: 1 Dec, 2001 | Hits: 83
BD Water Dev. Board & ors Vs. Chairman, Divisional Labour Court, Khulna & ors, 2003, 32 CLC (AD)
....worker mentioned therein. But the worker is entitled to all the benefits consequent upon his retirement as permissible under the law including the compensation at the rate of 30 days wages for each completed year of service in addition to any other benefit as may be permissible under the said Ac......sion inasmuch as the respondent No. 2 (since deceased) having served the grievance petition on 2-7‑1993 claiming the benefit from the date of appointment since 1962, which claim is hopelessly barred by limitation vide section 25(1)(b) of the Act. 4. It is true that under sectio..Category: Employment/Service Law | Date: 4 Jul, 2001 | Hits: 78
Bangladesh Road Transport Corporation and another Vs. Md. Shahidulla, 2002, 31 CLC (AD)
.... held against him in which the enquiry officer found him not guilty. Thereafter, the Corporation wanted to get rid of the respondent by compulsory retirement which was also not possible as he did not complete 25 years of service. Thereafter this order of termination was passed. 4. M......is distinguishable from the facts of the present case. The fact of the present case has no manner of application with reported decision. The petition is dismissed. Ed. ..Category: Employment/Service Law | Date: 5 Dec, 2000 | Hits: 84
Chairman, BD Water Dev. Board & anr Vs. Shamsul Huq & Co. Ltd. & ors., 1999, 28 CLC (AD)
....uring 1990-91. The Writ petitioner’s tender being the lowest for Taka 97,67,787.00 was accepted and the said Executive Engineer issued work order on 18 March, 1991. The writ-petitioner failed to complete the work not only within the stipulated specified time but also within the several extende...... result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 168. ..Category: Contract Law | Date: 19 Jul, 1999 | Hits: 236
Hussain Mohammad Ershad Vs. The State, 1991, 20 CLC (AD)
....ound. 6. It is contended that the arms seized were in the possession and control of the petitioner in his capacity as President and hence in view of Article 52 (1) of the Constitution there is a complete bar against any criminal prosecution against the petitioner. We find no substance in this c...... the facts disclosed in the FIR are not true will not do. To succeed the accused must show that the facts alleged by the prosecution do not constitute any offence or that the prosecution is otherwise barred by law. A prosecution cannot also be quashed just because it was initiated at the instance of..Category: Criminal Law | Date: 26 Feb, 1999 | Hits: 58
Managing Director Dhaka WASA Vs. Superior Builders and Engineers Ltd., 1999, 28 CLC (AD)
....ctation that he will be dealt with fairly. The petitioner could have asked the respondent to supply the water tanks and generator according to specification and could have given him an opportunity to complete the work according to specification, taking the anomaly during re examination to be correct......t the High Court Division acted in excess of jurisdiction. The cost has been rightly given. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 56. ..Category: Contract Law | Date: 5 Jan, 1999 | Hits: 249
Hefzur Rahman (Md.) Vs. Shamsun Nahar Begum and another,
.... ফেকাহর কিতাবাদিতে এর বিবরণ পাওয়া যাবে। 38. The impugned judgment is unique in the sense that it gives no reason whatsoever for completely ignoring all the lessons and learning of fourteen hundred years and undertakes to declare......he plaintiffs case or cause with commendable zeal cited Imam Shafei on Al Qur-an (11:241) commentary on the Holy Qur-an by Ibn Katheer (d 1373 AC Damas Cus) Translated by Danial Latifi) and Tafsere Tabare Sharif, 4th Volume, Allama Abu Jafar Tabari (published by Islamic Foundation in 1993). In one o..Category: Family Law | Date: 3 Dec, 1998 | Hits: 2262
Bangladesh Moktijoddah Kalyan Trust rep. by MD Vs. Kamal Trading Agency & others. 1997, 26 CLC (AD)
.... for sale of the suit property and his only contention is that the contract was not final. By encashing the bank draft the defendant has accepted part payment of consideration money and it is akin to completeness and finality of the contract.” 10. The appeal was accordingly dismissed. ......erest at the rate of 6% from 5-6-86 till realisation; failing which it will be executed as a money decree in the usual course. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 171. ..Category: Contract Law | Date: 6 Nov, 1997 | Hits: 292
Md. Khalilur Rahman Vs. The State, 1977, 6 CLC (HCD)
....(Continuance in Force) Order could not be called in question in any Court. Chief Justice Munir at page 120 formulated the principles by which the ouster of the jurisdiction of superior Courts will be complete. It was held: "If a statute provides that an order made by an authority acting un...... ousted by section 10 of Public Conduct (Scrutiny) Ordinance (11 of 1959). By this section the jurisdiction of the Supreme Court to call in question the proceeding of Screening Commutes was barred and order made by the President under sub-clause (b) of clause (5) of Article 6 of the Laws (..Category: Criminal Law | Date: 12 Aug, 1997 | Hits: 2
Bangladesh Air Service (Pvt) Ltd. Vs. British Airways PLC., 1997, 26 CLC (AD)
.... is opposed to public policy extends the purview of public policy to an uncharted territory and we shall quote Subba Rao, J in Gherulal Parakh vs. Mahadeo Maiya, AIR 1959 (SC) 781 (795) which is a complete answer to Mr. Huq’s submission: “The doctrine of public policy may be su...... if the arbitration, for any reason, fails or the parties find it impossible to comply with the form of adjudication to which they had agreed. This was also the view taken in the case of Malik Au Akbar, which I approve.” 30. With regard to clause 23 of the Agreement, we do not th..Category: Contract Law | Date: 8 May, 1997 | Hits: 267
Enayet Vs. State, 1996, 25 CLC (HCD)
....etment, be punishable with the punishment provided for the offence. 17. Where the act aided and in consequence of such aid the crime is committed the moment the aid or is caused the abetment is complete but this is not what has actually been stated in section 9 of the Cruelty to Women (Deterre......nce under section 4(b) of the Ordinance but the evidence adduced by the prosecution in support of such commission of offence does not in any way implicate accused Enayet with the crime alleged. It is barely stated even by P.W.2 the victim girl that Shaheen took her by a rickshaw to a place, namely, ..Category: Women and Children | Date: 16 Apr, 1996 | Hits: 152
Sirajul Islam Vs. Helana Begum and others, 1994, 23 CLC (HCD)
....A is also a public document and it requires no formal proof. Moreover a reference may be made to the provision of section 20 of Family Courts Ordinance, 1985 and the same is quoted below to find a complete answer to the argument of the learned Advocate for the petitioner. Section 20 reads as foll......ed JR Mudassir Hussain J. - By this Rule the opposite party No.1 was called upon to show cause as to why the judgment and decree dated 1.2.1992 passed by the learned Additional District Judge, Brahmanbaria in Family Court Appeal No.1 of 1991 by affirming and modifying the decree dated 10.11.1990 pas..Category: Family Law | Date: 27 Jul, 1994 | Hits: 196
Samarendra Nath Roy Chowdhury Vs. Abdul Jabbar and others, 1994, 23 CLC (HCD)
....nt of the written statement the defendant sought to introduce a case that Sarjubala who claimed her title under a Will was only a residuary legatee and as the administration of that will was not then completed plaintiff could not acquire title to the property. The amendment was allowed as it was nec......vision (Civil Revisional Jurisdiction) Present: Mohammad Gholam Rabbani J Syed Amirul Islam J Samarendra Nath Roy Chowdhury..................Petitioner Vs. Abdul Jabbar and others..............................Opposite Parties Judgment April 11, 1994. ..Category: Civil Law, Procedural Law | Date: 11 Apr, 1994 | Hits: 1
....G it does not appear that the land in excess of the 524 acres were released or even sought to be released. The main ground urged by Mr. Khondker Mahbubuddin is that before acquisition proceeding is complete no property can vest absolutely under section 93A (4)(h) and in the instant case acquisitio......lot Nos. 2161, 2162 and 2180 have been possessing the same by way of residing there, some of them are possessing the lands by way of letting out to different tenants and others are possessing through bargaders. The petitioners also claimed that they have been paying rents for the lands to the Govern..
Category: Constitutional Law, Property Law | Date: 22 Nov, 1993 | Hits: 2
....aintiff may be a share-holder and as soon as the company, namely, JV Amin Fishing Industries Limited was constituted in pursuance of joint venture agreement, the terms of joint venture agreement were completed and the plaintiff stands in the category of a share-holder and nothing more. Mr. Mahmood, ......5.38.
3. The defendant Nos. 1-6 contested the suit by filing joint written statement denying all the allegations made in the plaint and also contending that the suit is not maintainable as it is barred by limitation and principle of waiver, acquiescence and estoppel. In the written statement (h..
Category: Contract Law | Date: 14 Jul, 1993 | Hits: 9
Abul Khayer and 3 others Vs. State, 1993, 22 CLC (HCD)
....settled in the above decisions are not disputed, but it has to be seen whether the same are applicable in the facts and circumstances of this case. The main question is whether in fact there has been complete non‑compliance of the provisions of section 342 CrPC and whether the accused has been pre......t hit by section 339C of the Code of Criminal Procedure as amended. We have examined the order sheet of this case and gone through the decisions cited above and considered the submissions made at the bar and we are of the view that the learned Assistant Attorney-General is absolutely correct in..Category: Evidence Law, Procedural Law | Date: 8 Jul, 1993 | Hits: 10
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