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Janapriya Rice Mills Ltd and 2 others Vs. Bangladesh, 1996, 25 CLC (HCD)

....eement within 15 days for milling paddy. Without complying with the said direction petitioner of each of the Rules after several months prayed for allowing it lesser quantity of paddy. But in the meantime Government having decided to increase Bank Guarantee to 100% of the value of the paddy, petitio...... passing the impugned order. We therefore find no merit in these Rules. In the result, all the Rules are discharged with costs. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 277. ..

Category: Others | Date: | Hits: 146

Bangladesh Water Develop­ment Board Vs. Zakir Construction and Co. and another, 1995, 24 CLC (HCD)

....e Maksum‑ul‑Hakim. The petitioner filed an application opposing the prayer of opposite party No.1 for change of the arbitrator and appointment of Mr. Maksudur Rahman as the arbitrator. In the meantime Mr. Justice Maksum‑ul‑Hakim expressed his desire to be relieved of his responsibilities as ......other reasons. On 24‑1‑94 opposite party No.1 Zakir Construction & Co. filed an application under section 11 of the Arbitration Act before the learned Subordinate Judge, 3rd Court, Dhaka, for appointment of a new arbitrator in place of Mr. Justice Maksum‑ul‑Hakim and the application was ..

Category: Alternative Dispute Resolution | Date: | Hits: 521

State Vs. Abul Howlader, 1995, 24 CLC (HCD)

....law and mother‑in‑law accused Abul then entreated his wife Khodeja to accompany him with his child. There was a hot altercation between them and Khodeja refused to accompany him. At that point of time Abul being enraged took up a dao and gave a dao blow on Khadeja which by accident hit the newly......rom death penalty to that of rigorous imprisonment for 8 (eight) years. The jail appeal being Jail Appeal No.1251 of 1992 is dismissed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 257...

Category: Criminal Law | Date: | Hits: 97

British Airways Plc. Vs. Bangladesh Air Services Pvt. Ltd., 1996, 25 CLC (HCD)

....from March 1, 1994. Thereafter Bangladesh Air Services Ltd. gave notice of arbitration and nominated Mr. TH Khan, a senior Counsel of the Supreme Court, as arbitrator, but the British Airways at that time did not object to the nomination or appointment of Mr. TH Khan and after expiry of the prescrib...... Air Services Ltd. gave notice of arbitration and nominated Mr. TH Khan, a senior Counsel of the Supreme Court, as arbitrator, but the British Airways at that time did not object to the nomination or appointment of Mr. TH Khan and after expiry of the prescribed period as per provision of Arbitration..

Category: Alternative Dispute Resolution | Date: | Hits: 304

M/s Shorhab Vegetable Oil Refinery Limited Vs. Artha Rin Adalat and others, 2007, 36 CLC (HCD)

....the pledge goods of this petitioner after making inspection and inventory thereof by competent person/persons or by any competent agency in presence of both the parties. 9. The stay granted at the time of issuance of the rule is hereby vacated. Ed. This Case is also Reported in: 15 BLT (HCD)...... by any competent agency in presence of both the parties. 9. The stay granted at the time of issuance of the rule is hereby vacated. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 537...

Category: Civil Law | Date: | Hits: 120

Sreemati Hari Rani Basak and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)

....n of property as ejectable monthly tenants. Plaintiff demanded rent from tenants Defendants. Defendants expressed their financial difficulty and requested Plaintiff with folded hands to wait for some time Fourth-Twelfth Defendants mounted endeavour to get lease of "B" schedule property from Assistan......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. ..

Category: Procedural Law | Date: | Hits: 108

Anwar Hossain (Md.) Vs. Secretary, Ministry of Finance, (Internal Resources Division) and others, 1994, 23 CLC (HCD)

.... 3. The capacity or number of seats of the hall was 1023. Accordingly capacity tax was required to be paid to the Capacity of the Customs and Excise of the district. The Capacity Tax was raised from time to time by the Government after notification made in this behalf. The other relevant facts as s......oner is not entitled to the relief sought in the writ petition. In the result the Rule is discharged without any order as to costs Ed. This case is also Reported in: 49 DLR (HCD) (1997) 321. ..

Category: Fiscal/Taxation Law | Date: | Hits: 278

Abdur Razzaque Vs. State and another, 1982, 11 CLC (HCD)

....ted in the controversy raised is section 193 (1) of the Code of Criminal Procedure which reads as follows: "193. (1) Except as otherwise expressly provided by this Code or by any other law for the time being in force, no Court of Sessions shall take cognizance of any offence as a Court of origina......nd. Let the trial proceed against the other accused. Let the records be sent down at once. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 103. ..

Category: Criminal Law | Date: | Hits: 110

Md. Zulfikar Mahmud Vs. National University and others, 2006, 35 CLC (HCD)

....f Anwarul Huq Khan Vs. Government of Bangladesh reported in 31 DLR 21 submits that the respondents put the petitioner under suspension on 10.06.2004 but no proceeding has been drawn up as yet and the time for concluding the proceeding is 180 days under Regulation No.10 which have elapsed long before......vice and to implement this order as per rules within 30 days from the date of receipt the copy of this Judgment and report compliance. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 51. ..

Category: Employment/Service Law | Date: | Hits: 165

Abdul Gani alias Ganya Vs. State, 2006, 35 CLC (HCD)

....the offence committed under Section 19A of the Arms Act. In convicting and sentencing the convict appellant the learned Judge of the Tribunal relied upon the evidence of P.Ws. who were present at the time of apprehension and recovery of the pipe gun along with 10 rounds of bullets. 14. The learne......ed from his bail bond as he has already served out sentence of imprisonment for 10 years. Send down the Lower Court records at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 47. ..

Category: Criminal Law | Date: | Hits: 102

State Vs. Raisuddin and others, 1996, 25 CLC (HCD)

.... is not at all sustainable in law. The prosecution totally failed in pr6ving the case beyond all shadow of reasonable doubt. Mr. Khan argued that the prosecution failed to prove the place, manner and time as alleged. Mr. Khan argued that the means of recognition is highly doubtful and no conviction ...... liberty forthwith if not wanted in connection with any other case. The jail appeal being Jail Appeal No.1025/992 is also allowed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 517. ..

Category: Criminal Law | Date: | Hits: 104

Bangladesh Vs. Hosne Ara Begum and others, 1994, 23 CLC (HCD)

....efendant Nos.1 to 4 inherited the suit property. The defendant No.1 to 4 entered into an agreement with the plaintiff on 6‑7‑1993 for selling the suit property at a price of Taka 80,000.00 at the time of execution of the deed of agreement the entire consideration money was paid to the defendant ...... below are hereby affirmed. There will be no order as to costs. Let the LC records be immediately sent down to the trial Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 511. ..

Category: Property Law | Date: | Hits: 157

Tohfa Khatun and others Vs. Moulavi Mukhilisur Rahman and others, 1997, 26 CLC (HCD)

....determining the real question in controversy between the parties, the learned Subordinate Judge most illegally rejected the application for amendment. The learned Advocate further submits that at the time of filing the written statement the defendant petitioners had title and interest to the extent ......d circumstances of the case there will be no order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 315. ..

Category: Procedural Law | Date: | Hits: 118

Dilruba Aktar Vs. AHM Mohsin, 2003, 32 CLC (HCD)

....ce on the record and the facts and circumstances of the case this Court might well have come to a different conclusion if it was trying the case." 12. Rule of non interference, with the passage of time under compelling circumstances, has been departed by Superior courts of the Sub‑continent. Go......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...

Category: Family Law | Date: | Hits: 165

State Vs. Md. Mobarak Ahmed Chowdhury, 2007, 36 CLC (AD)

....going to bazar for marketing. This fact coupled with the circumstances of the case and the evidences of the P.Ws. have proved beyond reasonable doubt that the condemned prisoner was not insane at the time when he murdered his brother, Md. Bashir Ahmed Chowdhury by inflicting rod blow on his left hea......tance in the submissions of the learned Deputy Attorney General for the petitioners. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 275. ..

Category: Criminal Law | Date: | Hits: 79

Alhaj Abdul Awal Ratan and another Vs. Abdul Mannan Mia and others, 2008, 37 CLC (AD)

....ue of the case land was much higher than the amount mentioned in the kabala and as such, rightly disbelieved the impugned kabala as sub-kabala money was not the existing value of the case land at the time of kabala; that the lower appellate Court has considered the registered deed of re­conveyance ......he above, we find no substance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 272. ..

Category: Property Law | Date: | Hits: 88

M. M. Mahboob and others Vs. Sk. Abdur Rashid and others, 2004, 33 CLC (AD)

....nd as such the High Court Division was wrong in not discharging the rule despite of its own finding that it was impossible to declare that the promotion of the appellants were illegal due to lapse of time. 7. Mr. Rokonuddin Mahmood also submits that the appellant's promotion having been recommend......% by direct recruitment. PSC in 1975 conducted a vive-voice examination of eligible officers belonging to erstwhile EPCS Class-II Cadre. PSC on 22.9.1975 sent to the government its recommendation for appointment of 270 persons including the appellants to the post of Deputy Magistrate and Deputy Coll..

Category: Employment/Service Law | Date: | Hits: 149

Board of Intermediate and Secondary Education, Comilla and others Vs. Md. Shafiqul Islam, 2007, 36 CLC (AD)

....m service but along with the above notice the copy of the inquiry report was not sent; the petitioner received the above second show cause notice only on 2.6.1996 i.e. one day after the expiry of the time allowed in the above notice for showing cause; then on 2.6.1996, i.e. that very day, the respon......t any illegality or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 263. ..

Category: Labour and Industrial Law | Date: | Hits: 832

M. Tofazzal Ahmed Vs. Jashim Uddm Hayder Faruque, 2007, 36 CLC (AD)

....as been passed in an appeal, preferred from an order of the Waqf Administrator, Dhaka under Section 47 of the Waqf Ordinance. The Order contained an order for handing over the office within specified time and the memo of appeal was rejected by the Court of appeal for non-compliance of the order as b......learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 261. ..

Category: Trust/Waqf Law | Date: | Hits: 117

Kabiruddin Ahmed Vs. Akmal Hossain and others, 1995, 24 CLC (HCD)

....at he repaid the loan with interest accrued thereon and he was not a defaulter as alleged and contended further that election petition was not maintainable in law as the same was not filed within the time prescribed for by the Union Parishads (Election) Rules, 1983. 4. The petitioner and the oppo...... 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...

Category: Election Law | Date: | Hits: 301