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Chief Engineer Roads & Highways Department Vs. Concord Engineers & Construction Ltd., 1996, 25 CLC (HCD)

.... proceedings conducted by Mr. Justice Sultan Hossain Khan. In this view of the matter, the award of the arbitrator dated 21‑9‑91 is not an award contemplated under the Arbitration Act. In the meantime the arbitrator filed an award under section 14 of the Arbitration Act on the basis of which Arb......ispute and fixed 25‑6‑91 for filing the statement of claims by the parties and that if no steps were taken by the plaintiff, the matter would be heard ex parte. It is the plaintiffs case that the appointment of Mr. Justice Sultan Hossain Khan as an arbitrator sole arbitrator unilaterally by the ..

Category: Alternative Dispute Resolution | Date: | Hits: 263

Sarada Bala Sen Vs. Sheikh (Md.) & others,1995, 24 CLC (HCD)

....has no alternative but to wait for the decision on question of title in the suit premises to be determined in the present suit which is already fixed for hearing and may be disposed of within a short time. We therefore find no justification in disturbing or interfering with the impugned order of inj......the above decision, the connected application is however rejected. Communicate this order to the Court below at interest of justice. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 239...

Category: Civil Law | Date: | Hits: 130

Bazlu Talukder and 2 others Vs. State, 1995, 24 CLC (HCD)

.... the evidence of the P.Ws. we agree with the findings of the learned Tribunal Judge that a group of persons led by appellant No.1 Bazlu kidnapped Mahinur for marrying her forcibly on the date, at the time and in the manner as alleged by the prosecution. That Mahinur was then about aged about 15 year......t of arrest issued against absconding‑convict Badal Talukder in connection with this Sessions Case stands withdrawn and cancelled. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 509. ..

Category: Procedural Law | Date: | Hits: 85

Nizamuddin Dhali (Md.) Vs. State, 1993, 22 CLC (HCD)

....nspires that die accused‑appellant was a store‑keeper of the Sub‑Unit from 13‑8‑71 to 18‑11‑80 that is, for more than 3 years. So, apparently, the requirements of section 222 so far the time of the alleged offence is concerned have not been complied with. Moreover, the learned Advocate......he light of the observations made in the body of this Judgment. The accused appellant may be allowed to remain on bail pending trial. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 507. ..

Category: Criminal Law | Date: | Hits: 95

Aminur Rashid Vs. Collector of Customs, Customs House, Chittagong and others, 1996, 25 CLC (HCD)

....bill of entry on 26‑7‑93 with all necessary shipping documents through his C & F agent for taking delivery of the consigment after payment of the customs duty at the rate of 15% prevailing at the time of opening LC. Thereafter customs authority assessed customs duty at the rate of 45% ad valorem......refore, find no merit in the contention of the learned Advocate for the petitioner. In the result the Rule is discharged with cost. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 503. ..

Category: Fiscal/Taxation Law | Date: | Hits: 204

Janata Bank Vs. Saiful Islam, 2006, 35 CLC (HCD)

....18,00,000/- the defendant respondent placed and moved another loan proposal for Taka 25,00,000/- (cash credit Hypo) on 06.04.1994 which was approved by a sanction letter dated 11.05.94 with an expiry time limit on 30.04.1995 and thereafter before expiry of said such credit (Hypo) the defendant respo......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. ..

Category: Civil Law | Date: | Hits: 117

Bangladesh Bank Vs. Md. Kasedul Haque Majumder, 2003, 32 CLC (HCD)

....he engineer of the petitioners Sylhet office, visited the site on 21.1.97. The petitioner, at that stage, minded to fill in those holes, but the filling in process accounted for an enormous length of time. Consequently the opposite party had to remain in the site for a period of twelve months, where......ific dispute had emerged between himself and the petitioner for which an arbitrator was required to be appointed. The opposite party, hence, instituted the said arbitration miscellaneous case seeking appointment of an arbitrator. 4. The petitioner recorded its appearance in the said Miscellaneous..

Category: Alternative Dispute Resolution | Date: | Hits: 218

Md. Aminul Haque Helal Vs. Mr. Justice Sultan Hossain Khan and others, 2006, 35 CLC (HCD)

....e Government and he is in the service of the Government. 9. Although in the affidavit-in-opposition respondent No.1 has turned the petitioner as busybody but this point has not been pressed at the time of hearing by the learned advocate for the respondents and therefore there is no dispute that t......the Government in Cabinet Division. 3. The respondent No.1 was appointed as chairman of the Durnity Daman Commission by the notification dated 21.11.2004 (Annexure-B to the writ petition) and that appointment has been challenged in this writ petition on the ground that the office of the chairman ..

Category: Constitutional Law | Date: | Hits: 228

Md. Warish Uddin Chowdhury Vs. Bangladesh and others, 2008, 37 CLC (AD)

....spite his submission of the Form A, supply of all necessary information required by the respondent and payment of license fee, the petitioner's license was not renewed. The petitioner has in the mean time continued with the business per Rule 6(2) of Saw Mills License Rules, 1998 whereby an applicant......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...

Category: Others | Date: | Hits: 127

Dhaka Leather Com­plex Ltd. BCIC Vs. Sikder Construction Ltd. and another, 2003, 32 CLC (HCD)

....h the parties agreed and referred the dispute to an umpire for final adjudication. The umpire made the award on 15-10-1996. 4. Pursuant to the notice, the defendant appeared on 25-10-1996 and took time to file written statement and ultimately on 20-3-2002 filed a written objection to the acceptan......order as to cost. Order of stay granted in the Rule on 10-­9‑2002 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 578...

Category: Alternative Dispute Resolution | Date: | Hits: 190

Bangladesh Parjatan Corporation Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)

.... action; hence the writ petition. 12. In the writ petition, it was further contended by way of submission that the order of termination of the petitioner was mala fide as the same was passed at a time when he was availing the leave granted by the Corporation from 17.03.2006 to 23.03.2006 which, ......-in-opposition contending, inter alia, that the petitioner was an employee of the Corporation and his service was governed by the Regulation of Bangladesh Parjatan Corporation and as per terms of his appointment letter, he rendered his service under the Corporation. Though the petitioner was elected..

Category: Employment/Service Law | Date: | Hits: 156

Delwar Hossain and others Vs. Janata Bank and others, 2003, 32 CLC (HCD)

....es which are: (a) where it does not disclose a cause of action; (b) where the relief claimed is under, valued and the plaintiff, on being required by the court to correct the valuation within a time to be fixed by the Court fails to do so; (c) where the relief claimed is properly valued, bu......l Court, we award cost of Taka 5,000 (five thousand) only upon them. Cost shall be paid to the decree holder respondent Janata Bank. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 585. ..

Category: Procedural Law | Date: | Hits: 84

Bangladesh Livestock Research Institute Vs. Dr. Md. Jahangir Alam Khan and another, 2012, 41 CLC (AD)

....from the date of order of suspension. In view of the above, we find no merit in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 239. ......tition in the High Court Division challenging the order of his suspension dated 7th December, 2009 on the ground that it was issued arbitrarily with ulterior motive, while he was awaiting an order of appointment to the post of Managing Director of the Bangladesh Livestock Research Institute he was s..

Category: Employment/Service Law | Date: | Hits: 251

Janata Bank Ltd. Vs. Gulneara Begum and others, 2009, 38 CLC (AD)

....years allowed under Section 28(4) of the Artha Rin Adalat Ain, 2003 has expired. The petitioner bank resisted the application submitting that the suit was decreed in the year 1991 and at the relevant time, under Section 48 of the Code of Civil Procedure an Execution Case can be filed within 12 years......Procedure is of no help. The leave petition do not merit consideration being barred by limitation. The petition is accordingly dismissed. This Case is also Reported in: 20 BLT (AD) (2012) 170. ..

Category: Limitation Law | Date: | Hits: 140

Ishaque Mia (Md.) & another Vs. Abdul Mazid Mollah & others, 1995, 24 CLC (HCD)

....din Rahi Vs. Lilbati Das 32 DLR 75 a Division Bench of the High Court Division held: "The plaintiff may ask for relief under section 42. Specific Relief Act provided that the plaintiff must at the time of the suit be entitled to any legal character or to any right to any property. Section 42 must......gistrar is licensed by the Government on regular basis. So the said decree passed in Tide Suit No.26 of 1977 is contrary to the said rules. Hence observation of the Court of the appeal below that the appointment of the plaintiff petitioner as permanent Nikah Registrar decree passed in Title Suit No...

Category: Civil Law | Date: | Hits: 130

Sharon Laily Begum Jalil Vs. Abdul Jalil and others, 1995, 24 CLC (HCD)

....fe, the petitioner, that he was not a British citizen and being instructed by him she applied to the immigration authorities for leave for him, to remain in Britain by reason of the marriage. At that time respondent No.1 owned 1/3 (one third) share of a restaurant and also worked as a waiter in that......lean Akhter Jalil and Mohammad Shah Alam Jalil fortnightly and offer gifts, if any, at a time and place convenient to both the parties. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 460...

Category: Family Law | Date: | Hits: 166

Abdur Razzaque @ Geda Vs. State, 1995, 24 CLC (HCD)

....e is likely to be seriously prejudiced in his defence. Section 225 CrPC has given a discount on omission to state in precise manner the particulars has to be stated including the name of the offence, time and place and all other details with the provision that such error or omission will not vitiate......e leveled against him and is acquitted of the same. He may be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 457...

Category: Criminal Law | Date: | Hits: 144

Md. Siraj alias Md. Sirajul Islam Vs. Ananda Furniture's, 2011, 40 CLC (AD)

....le to be rejected. 5. The plaintiff also filed an application under Order 6 Rule 17 read with section 151 of the Code of Civil Procedure for amendment of the plaint stating inter alia, that at the time of drafting the plaint, the nomenclature of the suit and names of the parties in the cause titl......ot find substance in the submissions of the learned Advocate-on-record. Accordingly, the Petition for Leave to Appeal is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 167. ..

Category: Procedural Law | Date: | Hits: 133

Md. Nafaruddin Mollah Vs. Md. Serajuddin Khan & Others, 2007, 36 CLC (AD)

....n produced to show that it was "Peerer Dargabari". It appears that there is no existence of "Peerer Dargabari" and as such, the comment in the comment column of a Khatian has not been recorded at the time of recording of the recent Khatian as the same has no basis. Moreso, the subsequent Khatians ar......ce with the impugned judgment. In the result, the application has no merit and accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 164. ..

Category: Property Law | Date: | Hits: 116

Abdus Salam Vs. Md. Ustar and another, 1982, 11 CLC (HCD)

....se) were partitioned by a deed of partition dated 17.11 68; the pre-emptee petitioner is a stran­ger to the suit land and that pre-emptor the opposite, parties came to know of the sale for the first time in the end of Jaishtha, 1380 B.S and that he definitely came to know of the sale on receipt of ......ge 1124). In the result this rule fails and it is accordingly discharged without any order as to cost. The stay order is vacated. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 65. ..

Category: Property Law | Date: | Hits: 113