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British Airways Plc. Vs. Bangladesh Air Services Pvt. Ltd., 1996, 25 CLC (HCD)
....e, Dhaka, in Arbitration Misc. Case No.368 of 1994/37 of 1994 is set aside. Send a copy of this order to the trial Court at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 249. ......e, Dhaka, in Arbitration Misc. Case No.368 of 1994/37 of 1994 is set aside. Send a copy of this order to the trial Court at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 249. ......tion and it was registered as Arbitration Misc. Case No.162 of 1994 and the Court directed British Airways to show cause within five days. The British Airways filed an objection raising a question of jurisdiction on the ground that the learned Subordinate Judge had no jurisdiction over the arbitrati..Category: Alternative Dispute Resolution | Date: | Hits: 304
Khorshed Alam Vs. State & others, 1982, 11 CLC (HCD)
....ccordance with law. In the result, the rule is made absolute. Send down the record at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 401.......ccordance with law. In the result, the rule is made absolute. Send down the record at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 401.......e that the petitioner lodged an F.I.R. on 22.1.80 with Bhola Police Station under sections 436/302/34 of the Penal Code, stating that the petitioner had a grocery shop at Paranganj Bazar within the jurisdiction of Bhola police station and his son aged 15 years used to run the shop and stay there d..Category: Procedural Law | Date: | Hits: 100
Estaque Ali Howlader & others Vs. Jahangir Alam Matbar, 1983, 12 CLC (HCD)
....ated 7.7.83 passed by the learned District Judge, Bakerganj in Miscellaneous Appeal No.96 of 1983 in hereby set aside. No costs. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 398. ......ated 7.7.83 passed by the learned District Judge, Bakerganj in Miscellaneous Appeal No.96 of 1983 in hereby set aside. No costs. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 398. ......nt Stock Companies. It was further asserted that the plaintiffs did not file the necessary papers in support of their case. On 29.6.83 the trial Court returned the plaint after finding that it had no jurisdiction to hear the matter as the matter in dispute was to be adjudicated by the High Court Div..Category: Civil Law | Date: | Hits: 147
M/s Shorhab Vegetable Oil Refinery Limited Vs. Artha Rin Adalat and others, 2007, 36 CLC (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....... 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....... 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
Mst. Fatema Begum and others Vs. AKM Gyasuddin Sarder and others, 2007, 36 CLC (HCD)
...., Osman Ali Pathan, Abdus Satter Pathan, Moslemuddin Pathan and Mojibur Rahman Pathan appointed Mohammad Jamsher Ali their attorney by registered power of attorney dated 26.2.95. The attorney sold in total sold 10 decimals, .06 from plot No.27 and other land from other plots to defendant No.10 by a ......granted in the rule, and extended subsequently is here by recalled and vacated. Send down the L.C. Record and communicate the order. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 534.......ll triable by the Assistant Judge if the correct value of the property is given. He submits next that under Order VII, rule 1 (f), of the Code, in a plaint it should be shown that the trial Court has jurisdiction to decide the suit as per the valuation of the subject matter, described in the plaint,..Category: Procedural Law | Date: | Hits: 97
Sreemati Hari Rani Basak and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....ny witness to prove herself as a daughter of Kala Chand Basak and she has failed to produce any document to that effect and R.S. Khatian stands in the name of Dulal Chandra Basak. Learned Trial Judge totally ignored the factual aspect that plaintiff as P.W. 1 examined herself in support of the claim......hey left Bangladesh with their family members in 1964 leaving the holding under care and custody of Dulal Chandra Basak, husband of Plaintiff and cunning Dulal Chandra Basak taking advantage of, long absence of original Owners and their heirs adopted various devices to grab suit property which is pu......side of Enemy Property authority that the vendors of the appellants ever migrated to India make it manifest that, the challenged order declaring the property in question as enemy property was without jurisdiction. Appellate Division Knocked down Judgment of High Court Division and order of Enemy ..Category: Procedural Law | Date: | Hits: 108
.... was not able to pay the Capacity Tax. And also defaulted in making payment of Bank Loan which he got for the construction of the Cinema Hall.
4. That, in the circumstances, the petitioner reduced total number of seats of the Hall from 1023 to 703 with effect from 4‑7‑1985. And accordingly wr......ease or decrease unilaterally charge of admission fee, number of seats or the number of shows. Although in the instant case an application was made by the petitioner for reduction of seats but in the absence of approval of the same by the authority of Customs the reduction of seats cannot be effecte......e levied or collected except by or under the authority of an Act of Parliament the demand of the Customs authority to pay additional tax or interest with penalty is at all events, illegal and without jurisdiction.
6. The petitioner in the circumstances had to move the Customs authority under the ..
Category: Fiscal/Taxation Law | Date: | Hits: 278
Zafar Ali (Md.) Vs. Md. Momtaz Hasan & others, 1997, 26 CLC (HCD)
....hose of the trial Court are restored. The suit is decreed. Send down the records to the Court below at once. No order as to costs. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 319. ......hose of the trial Court are restored. The suit is decreed. Send down the records to the Court below at once. No order as to costs. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 319. ......hose of the trial Court are restored. The suit is decreed. Send down the records to the Court below at once. No order as to costs. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 319. ..Category: Property Law | Date: | Hits: 117
....scharged with costs and the order of stay stands vacated.
Let the LC Records be sent down immediately with a copy of the Judgment.
Ed.
This Case is also Reported in: 49 DLR (HCD) (1997) 318.
......scharged with costs and the order of stay stands vacated.
Let the LC Records be sent down immediately with a copy of the Judgment.
Ed.
This Case is also Reported in: 49 DLR (HCD) (1997) 318.
......scharged with costs and the order of stay stands vacated.
Let the LC Records be sent down immediately with a copy of the Judgment.
Ed.
This Case is also Reported in: 49 DLR (HCD) (1997) 318.
..
Category: Procedural Law | Date: | Hits: 135
Abdur Razzaque Vs. State and another, 1982, 11 CLC (HCD)
....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. ......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. ......Rahman, learned Advocate for the petitioner has contended upon making reference to the scheme of the Code of Criminal Procedure that the learned Additional Sessions Judge has acted wholly without jurisdiction in taking cognizance against the accused petitioner. We shall advert to the submissions..Category: Criminal Law | Date: | Hits: 110
M/s. Mamun Poultry Complex Vs. Government of Bangladesh & Others, 2006, 35 CLC (HCD)
....ation of the impugned memo dated 31-05-06 as evident in Annexure-D be stayed. With this observation the application is disposed of. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 56. ......ation of the impugned memo dated 31-05-06 as evident in Annexure-D be stayed. With this observation the application is disposed of. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 56. ......ation of the impugned memo dated 31-05-06 as evident in Annexure-D be stayed. With this observation the application is disposed of. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 56. ..Category: Others | Date: | Hits: 125
Md. Zulfikar Mahmud Vs. National University and others, 2006, 35 CLC (HCD)
....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. ......preme Court of Bangladesh Vs. Md. Sofiuddin and another reported in 6 BLC (AD) 141 and submits that the Registrar-in-charge of the National University is empowered to perform the routine works in the absence of the Registrar as such he had no jurisdiction to issue the order of suspension and show ca......e is competent to pass the order of suspension. But the impugned of suspension was passed in violation of the provisions of National University Service Regulation by the Registrar-in-charge having no jurisdiction to issue the same. The impugned order of suspension is ex-facie illegal and void since ..Category: Employment/Service Law | Date: | Hits: 165
Abdul Gani alias Ganya Vs. State, 2006, 35 CLC (HCD)
....ths and 26 days. It further appears that he was in jail custody after delivery of Judgment before he was enlarged on bail by this Court on 27.4.2005 which comes to 6 years 4 months and 22 days and in total he was in custody for 9 years 11 months 22 days. Though the convict appellant was enlarged on ......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. ......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)
....d Advocate appearing on behalf of the condemned‑prisoners and the other appellants submitted that the Judgment and order of conviction and sentence 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 p......ad been occasion of revival of one of more enemities and further proof to establish conspiracy or at least association between the groups affected by the separate motives. In this case there is total absence to indicate that prior to the occurrence anything had happened to arouse a desire for vengea...... 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)
.....5 preferred this Revisional application and obtained the present Rule. 5. Mr. AY Salehuzzaman, the learned Deputy Attorney General appearing for the petitioner, submits that both the Courts below totally misconstrued the evidence on record, particularly the alleged deed of agreement, Ext. 3. He ...... 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. ......indings of the two Courts below. The learned Advocate for the petitioner failed to satisfy that there was any misconstruction of evidence or non‑consideration of evidence or the Court acted without jurisdiction. As such, we are of the view that the Courts below have not committed any error of law ..Category: Property Law | Date: | Hits: 157
Akhtar Rahman Vs. State & others, 1982, 11 CLC (HCD)
....ates to the accused petitioner, are hereby quashed. The Rule is accordingly made absolute. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 100. ......ates to the accused petitioner, are hereby quashed. The Rule is accordingly made absolute. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 100. ......this Court. 3. Mr. B.N. Chowdhury, the learned Counsel appearing for the accused petitioner has submitted that in view of the clear provision of the Village Court (Amendment) Ordinance, 1979 the jurisdiction to try the alleged offence lay with the Village Courts and as such the cognisance tak..Category: Criminal Law | Date: | Hits: 107
Tohfa Khatun and others Vs. Moulavi Mukhilisur Rahman and others, 1997, 26 CLC (HCD)
....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. ......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. ......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
....m 27‑2‑93 he was again terminated from service by order dated 13‑3‑93 with the mala fide object of depriving him from getting his arrear salary of Taka 16,120, fringe benefit of Taka 7,592.00 total Taka 23,712.00. Both the cases were contested by the petitioners before the Labour Court. In t...... illegality in the impugned Judgment to interfere in the same.
In the result, the Rule is discharged without any order as to cost.
Ed.
This case is also Reported in: 49 DLR (HCD) (1997) 314.
...... illegality in the impugned Judgment to interfere in the same.
In the result, the Rule is discharged without any order as to cost.
Ed.
This case is also Reported in: 49 DLR (HCD) (1997) 314.
..
Category: Labour and Industrial Law | Date: | Hits: 156
Ferdousy Begum (Doli) Vs. Mahela Khatoon and others, 1996, 25 CLC (HCD)
....or the aforesaid reasons we do not find any substance in this petition. The result is; we reject the petition in limine. No costs. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 313. ......or the aforesaid reasons we do not find any substance in this petition. The result is; we reject the petition in limine. No costs. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 313. ......or the aforesaid reasons we do not find any substance in this petition. The result is; we reject the petition in limine. No costs. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 313. ..Category: Civil Law | Date: | Hits: 121
Dilruba Aktar Vs. AHM Mohsin, 2003, 32 CLC (HCD)
....opy of Talaqnama. Witness No.1 in support of Talaq rendered evidence that on receipt of Taka 30,000 amicable arrangement had been effected. This payment of Taka 30,000 as stated by witness No.1 stood totally falsified by the statement of accused-respondent himself in his examination under section 34......used-appellant. This Court in exercise of appellate power mandated in section 423 of The Code of Criminal Procedure (for short the Code) can hear and dispose of a Criminal Appeal on merit even in the absence of learned lawyers of parties and, as such, we, in the exercise of our appellate authority, ......icial Committee, Lord Russell observed: "There is, in their opinion, no foundation for the view, apparently supported by the judgments of some Courts in India, that thee High Court has no power or jurisdiction to reverse an order of acquittal on a matter of fact, except in cases in which the lowe..Category: Family Law | Date: | Hits: 165
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