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....bordinate Judge. In this view of the matter, the appeal fails.
In the result, the appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 243.......ng under him desiring to challenge the existence or validity of an arbitration agreement or an award or to have the effect of either determined shall apply to the Court and the Court shall decide the question on affidavits:
Provided that where the Court deems it just and expedient, it may set dow......bordinate Judge. In this view of the matter, the appeal fails.
In the result, the appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 243...
Category: Alternative Dispute Resolution | Date: | Hits: 263
Sarada Bala Sen Vs. Sheikh (Md.) & others,1995, 24 CLC (HCD)
....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.......ession from the real owner and he has valid right, title and possession in the same and he is or was never a tenant or sub‑tenant in the suit-premises at all as alleged and that in the SCC suit the question of title could not be gone into and property decided and hence he has instituted the presen......er Suit No.52 of 1987/Other Suit No.2 of 1992 restraining the defendant appellant from proceeding with the Execution Case No.10 of 1992 pending in the 1st, Court of Assistant Judge, Chittagong. Short facts relevant from the disposal of the aforesaid appeal are, that the defendant‑appellant institu..Category: Civil Law | Date: | Hits: 130
Bazlu Talukder and 2 others Vs. State, 1995, 24 CLC (HCD)
....t of arrest issued against absconding‑convict Badal Talukder in connection with this Sessions Case stands withdrawn and cancelled.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. ...... the time and in the manner as alleged by the prosecution. That Mahinur was then about aged about 15 years also stood proved by the evidence of the doctor, P.W.3 who examined her. 7. Therefore the question before us are (1) who were the other accuseds abetted Bazlu in kidnapping Mehinur and (2) w......t of arrest issued against absconding‑convict Badal Talukder in connection with this Sessions Case stands withdrawn and cancelled.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)
....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. ......ignorance or due to his callousness signed the Judgment as Special Tribunal. But the accused‑appellant has riot been prejudiced in any manner whatsoever. So on this ground alone there cannot be any question of the trial to be vitiated for want of competence. 7. In the charge framed against the ......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)
....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. ......in is changed from time to time by the Parliament through passing Finance Act. None of the parties could produce before us anything to show what was the statutory rate of customs duty of the goods in question under HS Code mentioned in the first schedule of the Customs Act at the relevant time. But ......Court Division and the Judgment of the High Court Division was ultimately upheld by the Appellate Division reported in the above cases. In view of the Latest decision of the Appellate Division having facts similar to the facts of the instant case we find no merit in the contention of the petitioner ..Category: Fiscal/Taxation Law | Date: | Hits: 204
Janata Bank Vs. Saiful Islam, 2006, 35 CLC (HCD)
....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. ......ng allow either party to alter or amend his pleadings in such manner and on such terms as may be just and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties." 17. Main contention of the plaintiff appellant is ......tness. The plaintiff produced some documents which are marked exhibits 1 to 7. On the other hand, the defendant submitted some documents which are exhibited "ka" series. 5. On consideration of the facts, circumstances and evidence on record, the learned Joint District Judge, Bogra passed the Judg..Category: Civil Law | Date: | Hits: 117
Bangladesh Bank Vs. Md. Kasedul Haque Majumder, 2003, 32 CLC (HCD)
....ion Miscellaneous Case No.41 of 1999 is set aside. The aforementioned rule is consequently made absolute without any order as to cost. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 11. ......e certification on the completion of work and that certificate would be the conclusive proof of completion, adding that in no far as no such certificate had been issued by the said designated person, question of arbitration proceeding was but a still born one. 7. Mr. Ahmed also took us though the......Arbitration Miscellaneous case No.41 of 1999. By the said order the learned Subordinate Judge directed the parties to provide with the names of their choice of Arbitrators by 1.11.2001. 2. Alleged facts, as relied on by the opposite party, who was the petitioner in the said miscellaneous case in ..Category: Alternative Dispute Resolution | Date: | Hits: 218
Md. Aminul Haque Helal Vs. Mr. Justice Sultan Hossain Khan and others, 2006, 35 CLC (HCD)
....ove the petitioners case. In view of our discussions and findings made above, this rule is discharged without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 1. ...... Chairman of the ACC is not one in the service of the Republic, and the starting point of error of the petitioner in developing the incorrect contention through the writ Petition lies in assuming the questioned office to be one in the service of the Republic, and that's why the petitioner has made m...... the source from which the remuneration is paid is not from public revenue is a neutral factor not decisive of the question. Whatever stress will be laid on one factor or the other will depend on the facts of each case. However, where the several elements, the power to control and give directions as..Category: Constitutional Law | Date: | Hits: 228
Md. Abdul Khaleque Vs. Uttara Bank Limited and others, 2011, 40 CLC (AD)
....nd no considerable substance in submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 256.......nd no considerable substance in submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 256.......mtazuddin Ahmed J. - This petition for leave to appeal is directed against the judgment and order dated 16.10.2008 passed by the High Court Division in Civil Revision No.5118 of 2006. 2. The short facts necessary for disposal of the Petition for Leave to Appeal are that the petitioner was an empl..Category: Civil Law | Date: | Hits: 118
Dhaka Leather Complex Ltd. BCIC Vs. Sikder Construction Ltd. and another, 2003, 32 CLC (HCD)
....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.......cted himself as well as the proceedings. Elaborating, it is stated that at the time of proceeding before the umpire, the arbitrator of the plaintiff was present and disturbed the proceeding by asking questions to the defendant's witnesses. On two occasions, namely, on 20‑8‑1996 and 11‑9‑1996...... by the defendant against judgment and decree dated 4‑4-2002 passed by the Joint District Judge, Court No.5 at Dhaka in Title Suit No.158 of 1999, which made an award the Rule of court. 2. Short facts for disposal of the appeal are that, the respondent on 4-8-1999 made an application under sect..Category: Alternative Dispute Resolution | Date: | Hits: 190
Bangladesh Parjatan Corporation Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)
....within the four corners of the law the Court cannot nullify it on the ground that it is harsh or cruel but the High Court Division despite citation of the said case and despite the instant case being identical to that, did not consider at all that the termination order passed by the Corporation was ......on of the Union for the next term by filing cases. The transfer, promotion and other administrative decisions were taken by the authority for the interest of the Corporation and the same could not be questioned by any employee like the petitioner irrespective of his self-declared position as preside......gality has been committed by the Corporation. The Corporation did not violate any law, rule or regulation and did not also act beyond jurisdiction. The writ petition filed on the disputed question of facts was not maintainable and the Rule was liable to be discharged. 6. The respondents also fi..Category: Employment/Service Law | Date: | Hits: 156
Delwar Hossain and others Vs. Janata Bank and others, 2003, 32 CLC (HCD)
....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. ......the decree of Artha Rin Adalat had been challenged in the suit. 4. Feeling aggrieved, appellants preferred this appeal before this Court. 5. The fate of this appeal hinges on answer to the core question which is, whether the decision of rejection of plaint by Artha Rin Adalat warrants any inte......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
Government of Bangladesh and others Vs. Abdul Quader Mollah and another, 2011, 40 CLC (AD)
....ts to provide the petitioners Division-1 status under the Jail Code. There is no merit in this petition, which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 240.......ry prisoner are eligible to Division-1 status. This classification will be done by the trial Courts, District Magistrate, Chief Metropolitan Magistrates or Session Judges, as the case may be. Now the question is whether the respondents are entitled to such status since they have been shown arrested ......ts to provide the petitioners Division-1 status under the Jail Code. There is no merit in this petition, which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 240...Category: Criminal Law | Date: | Hits: 95
....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.
......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.
......period. On consideration of the materials on record we find no cogent ground to place the respondent under suspension. It is true that an order of suspension is not a punishment but from the admitted facts, we find it difficult to come to the conclusion that the High Court Division has wrongly exerc..
Category: Employment/Service Law | Date: | Hits: 251
Janata Bank Ltd. Vs. Gulneara Begum and others, 2009, 38 CLC (AD)
....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. ......t execution case started running afresh from the date of promulgation of this new Ain of 2003. But we are unable to accept this argument of the learned Advocate for the respondent bank. The decree in question was passed long before in the year 1991 and thereafter 3 execution cases were filed one aft......absolute. 2. The writ petitioner filed challenging the order No.4 dated 02.10.2003 and the order dated 06.06.2007 passed in Execution Case No.58 of 2004 by the Artha Rin Adalat, Comilla. 3. The facts relevant for the purpose of this application are that the petitioner bank filed Money Suit No...Category: Limitation Law | Date: | Hits: 140
Ishaque Mia (Md.) & another Vs. Abdul Mazid Mollah & others, 1995, 24 CLC (HCD)
.... multiplicity of suit and further litigation concerning them. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 465. ......rt Division held: "When a decree adversely affects a person not a party to the same he may file a suit for declaring decree not binding on him and get the same set aside if found, illegal." The question involved in the Rule of that case was whether the Court of appeal below was justified in ho......ppeal and reversing the Judgment and decree dated 28.5.1986 and 3.6.1986 passes by the Upazila Munsif, Upazila Moladi, District Barisal in Title Suit No.197 of 1985 should not be set aside. 2. The facts for the disposal of the Rule is as follows: Petitioners as plaintiffs riled title suit bein..Category: Civil Law | Date: | Hits: 130
Sharon Laily Begum Jalil Vs. Abdul Jalil and others, 1995, 24 CLC (HCD)
....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.......tition Nos.1582, 1583, 1584 and 1585 of 1995. Judgment Mahfuzur Rahman J.- These four Writ Petitions namely, Writ Petition Nos.1582, 1583, 1584 and 1585 of 1995 are taken up for Judgment as the question involved in all those are similar and same in between the same parties and shall be governe......icle 102(2)(b)(i) of the Constitution in the nature of Habeas Corpus alleging kidnapping and detention of 4 minor children of the petitioner from her custody by her husband respondent No.1. 2. The facts stated in all the 4 petitions are, that the petitioner Mrs. Sharon Laily Begum Jalil was born ..Category: Family Law | Date: | Hits: 166
Abdur Razzaque @ Geda Vs. State, 1995, 24 CLC (HCD)
....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.......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.......not at all a reliable evidence and as such no conviction should be made on such evidence. 6. Let us now proceed to examine the grievances made by the learned lawyer with reference to the evidence, facts and circumstances of the case. The learned Judge in his Judgment has clearly stated that his p..Category: Criminal Law | Date: | Hits: 144
Md. Siraj alias Md. Sirajul Islam Vs. Ananda Furniture's, 2011, 40 CLC (AD)
....aintiff has acquired absolute right, title and interest to use the Trade Mark as described in Schedule-A to the plaint and the principal defendants are not entitled to use the Trade Mark phonetically identical to that of the plaintiff as described in schedule B to the plaint and to get registration ......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. ......d. Mamtazuddin Ahmed J. - This petition for leave to appeal is directed against the judgment and order dated 21.01.2010 passed by the High Court Division in Civil Revision No. 1818 of 2009. 2. The facts in substance for disposal of the Petition for Leave to Appeal are that plaintiff is a propriet..Category: Procedural Law | Date: | Hits: 133
Md. Nafaruddin Mollah Vs. Md. Serajuddin Khan & Others, 2007, 36 CLC (AD)
....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. ......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. ......l of the suit. 5. Mr. Abu Sams Md. Khalequzzaman, learned Advocate-on-record, appearing for the petitioner submits that the High Court Division has committed an error in law in not considering the facts of the Suit No.332 of 1974 preferred by the plaintiff in the then Court of the Munsif, Naogaon..Category: Property Law | Date: | Hits: 116
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