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Helm Dungemittel Gmbh Vs. BCIC and another, 2009, 38 CLC (HCD)
.... J.- These two Applications filed separately under various provisions of the Arbitration Act, 2001 ("the Act") are predicated upon the same facts reflecting, however, differing responses from the two parties to these Application elicited at various stages of the arbitration process from its very ini...... over proceedings for setting aside an arbitral award cannot constitute itself into a Court of appeal sitting over the decision of an arbitrator and should, accordingly, refrain from making a sifting investigation of the entire proceedings that has otherwise been before the arbitrator. 13. Upon a..Category: Alternative Dispute Resolution | Date: | Hits: 172
Bangladesh Vs. Md. Ataur Rahman and others, 2011, 40 CLC (AD)
....onÂstitutional posts, such as the Judges of the Supreme Court of Bangladesh, Attorney-General, Comptroller and Auditor-General, Members of Parliament and Members of the Judicial Service etc. are not parts of the Civil Service of the Republic and they cannot be compared with the servants of the Repu......il, 2011 and thereafter the respondent shall file the same within 17th April, 2011. The appeal is fixed for hearing on 26th April, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 415. ..Category: Constitutional Law | Date: | Hits: 441
Md. Alimuzzarnan (Reza) and others Vs. Md. Masudar Rahman @ Babul and others, 2010, 39 CLC (HCD)
....ds covered by the impugned deed belonged to Abdul Barek and Abdul Mannan (vendors) who proposed to sell the same and the plaintiff agreed to purÂchase the same at Tk.5,89,0007, Pursuant thereto, the parties entered into an agreeÂment for sale on 27th March, 1984 and the plaintiff having paid an ad......merit in the contention of Mr. Mahmudul Islam. Accordingly, the appeal is allowed without any order as to cost. The suit is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 392. ..Category: Procedural Law | Date: | Hits: 76
State Vs. Kazol, 2011, 40 CLC (HCD)
...., therefore, not sent up in Charge Sheet) and adding the name of Akhtar above as one of the accused. 4. This is a case where the prosecution witnesses, some of whom may be deemed to be interested parties by reason of being related to the deceased one way or the other, while generally corroborati......laration reportedly made by Taposh, the Tribunal appropriately found it curious why the P.W.s 12 and 13, who were called as Section 540-material witnesses given that they were not part of the initial investigation exercise, were not mentioned at all by the informant and the father of the deceased P...Category: Criminal Law | Date: | Hits: 106
Oriental Bank Ltd. Vs. Federal Insurance Company Ltd., 2010, 39 CLC (HCD)
....ndent No.1 in advance of the same. It is evident, thereafter, that the Petitioner and the borrower engaged themselves in another exercise at recovery of the dues from the borrower. This is evident in particular in the issuance of a cheque dated 15.7.2007 by the borrower for Taka 7.5 Crore in favour ......reasons above cited this Court finds no merit in this Application. In the result, this Application is dismissed. There is no order as to costs. Ed. This Case is also Reported in: ..Category: Company Law | Date: | Hits: 203
Trade Channel Vs. Collector of Customs, Customs House ChittaÂgong and others, 1990, 19 CLC (HCD)
....al, without lawful authority and of no legal effect and the respondents should not be directed to release the goods covered by the letters of credit dated 11. 10.89 and 4.2.90 as far as it relates to part shipment weighing 736.616 metric tons of meltable scrap iron brought by vessels in Chittagong P...... justly if the Bills of Entry have been presented by the petitioner. Let a copy of this order be sent to the Collector of Customs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 127. ..Category: Fiscal/Taxation Law | Date: | Hits: 131
Hussain Mohammad Ershad Vs. State, 1992, 21 CLC (HCD)
....l Area, Dhaka, claiming that the said money was kept in Senabhaban and seized by the Government and that money was kept in Senabhaban and seized by the Government and that money is now claimed by the party. 4. On 20.3.91. when the trial was continuing before the Senior Special Judge, Dhaka, being......g the scheme of this law namely, the Criminal Procedure Code which spell out the process and the procedure to be observed in initiating a criminal proceeding against an accused, the subsequent police investigation, submission of police report, more popularly known as charge sheet, the taking of cogn..Category: Criminal Law | Date: | Hits: 125
Mohibur Rahman Vs. Kuti Miah and State, 1991, 20 CLC (HCD)
....pplication under section 436 of the Code of Criminal Procedure before the learned Sessions Judge was not competent. 8. Mr. Syed JR Modassir Hossain, the learned Advocate appearing for the opposite parties, on the other hand, submits that the learned Magistrate took cognizance against all other ac...... Omer Ali to take a number of cattle heads belonging to Abdur Razzak, one of the accused, to the pound following damage done to the green paddy plant by the aforesaid cattle heads. 3. Police after investigation submitted charge sheet under sections 302/149 along with other sections of the Penal..Category: Criminal Law | Date: | Hits: 89
Rezaul Karim (Md) and another Vs. Secretary, Ministry of Home Affairs and others, 1991, 20 CLC (HCD)
....nvicted of an offence against this Act, or against the rules made, under this Act; and may by a notification in the official Gazette cancel or suspend all or any licences throughout Bangladesh or any part thereof.’’ In the case of Sheikh Ali Ahmed Vs. Secretary, Ministry of Home Affairs, Gove......petitioners, Rezaul Karim Talukdar and Golarn Gaffar, is declared to be illegal and of no legal effect. No order is made as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 110. ..Category: Constitutional Law | Date: | Hits: 174
Ayub Ali Mohaldar Vs. Md. Shahjahan and others, 1990, 19 CLC (HCD)
....‘3. Shaikh Razzaqure Ali - For contemner No.4. Contempt Case No.1 of 1989. Judgment Abdul Hasib J.- This Rule at the instance of one Ayub Ali Mohaldar was issued calling upon the opposite party contemners to show cause why they should not be committed for contempt of Court. Contemner No.......e Rule is made absoluteas against opposite-party contemner No.1 and discharged as against the order opposite-party contemner Nos.2-4. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 101. ..Category: Criminal Law | Date: | Hits: 84
Naresh Lal Saha and other Vs. Bhupati Mohan Roy and others, 1990, 19 CLC (HCD)
....53 of 1985 was filed by the Opposite Party Nos.1 and 2 as petitioners under sections 71 and 74 read with section 71(f) of the Trusts Act, 1882, for issuing show cause as to why the principal opposite parties 1 to 3 (Petitioners before this Court) should not be removed from Trusteeship of the Gakul C...... In the result, the Rule is discharged without any order as to costs. The order of stay granted by this Court earlier stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 96...Category: Procedural Law | Date: | Hits: 62
Akhtar Hossain alias, Babul Akhtar alias, Akhtar Ali and another Vs. The State, 1991, 20 CLC (HCD)
....ence that there was in fact a dacoity committed as alleged in the FIR or complaint. Without bringing on record that evidence it will be pointless to bring on record or consider other evidence showing participation of the accused in the said offence. Consideration of an alleged confession without the......ating the case ASI Azizur Rahman visited the place of occurrence, prepared the inquest report, sent the dead body to the Sadar Hospital for postmortem examination and seized the alamats. In course of investigation the ASI out of suspicion arrested appellant No.1 Md. Akhtar Hossain who made statement..Category: Criminal Law | Date: | Hits: 110
....ition marked as Annexure‑G to the Writ Petition. The General Certificate Officer recorded the order that "there was no specific objection in clear terms against the claim of the Bank. Therefore the parties should be present before him on 11.12.88 in a hearing". On 11.12.88 the petitioner submitted......ed 11.12.88 are without lawful authority and are of no legal effect. The Rule is therefore made absolute without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 407...
Category: Civil Law | Date: | Hits: 99
Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....nstruction with assurance that an work order would be awarded to her for construction of an eighty (80) MW capacity power station in Tongi, BISIC Industrial Area through his close friend and business partner Tarique Rahman, the petitioner and being induced by such assurance Begum Khadija Islam on 01......9 and the case was subsequently registered as ACC G.R. Case No.83 of 2009 in the Court of Metropolitan Magistrate, Dhaka. 4. The Assistant Director, Anti-Corruption Commission after completion of investigation submitted charge sheet No.48 dated 05.07.2010 under Sections 2 (U) (Av) and (B) and Se..Category: Civil Law | Date: | Hits: 238
AKM Mohinus Saleh & others Vs. State, 1992, 21 CLC (HCD)
....fied about its dues. The copy of the letter addressed by the Deputy General Manager, Bangladesh Krishi Bank local principal office to the higher authority of the bank containing the decision of the departmental proceedings, has been annexed with the supplementary affidavit and marked as annexure ‘......red to the Dhaka branch of the Bank. The co‑accused Mostafa Anwar and the accused petitioners in collaboration and active connivance misappropriated the aforesaid amount. 3. On completion of the investigation, Mr. Abdullah Chowdhury, ACOBAD, submitted charge‑sheet No.84 dated 20.12.1980 again..Category: Criminal Law | Date: | Hits: 80
Abdul Muhaimin Khan & another Vs. Bashiruddin & others, 1991, 20 CLC (HCD)
.... Dev, Advocate ‑ For the Petitioners. SK Sinha, Advocate ‑ For the Opposite Parties. Civil Revision No. 5077 of 1991 (Dhaka). Judgment Badrul Islam Chowdhury J.- By this rule opposite party No.1 was directed to show cause as to why the order dated 13.8.90 passed by the Assistant Judg...... The rule is discharged with cost. The stay order granted by this court on 26.11.90 is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 382. ..Category: Property Law | Date: | Hits: 89
A. Jalil Vs. Upendra Chandra Saha & others, 1991, 20 CLC (HCD)
.... 2. Facts relevant for disposal of the Rule are not in dispute and may be shortly stated. An application for pre‑emption under section 96 of the State Acquisition and Tenancy Act filed by opposite party No.1 in the Court of Subordinate Judge, Mymenshigh was allowed to be amended by an order dated......titioner has been able to explain the long delay satisfactorily. The Rule is, therefore, discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 381. ..Category: Procedural Law | Date: | Hits: 72
....cy and the defendant would purchase land and construct Factory building for establishment of the Ice Plant and Cold Storage and thereupon, an agreement was executed on 15.6.1985 between the concerned parties and the plaintiff bank granted a loan sanction letter on condition that the Krishi Bank woul...... Artha Rin Suit No.103 of 2001 is maintained.
Let a copy of the judgment along with lower Court’s record be sent down at once.
M. Moazzam Husain J.- I agree.
This Case is also Reported in:
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Category: Civil Law | Date: | Hits: 217
Md. Abdul Halim Vs. Dr. Mohammad Tareque and others, 2011, 40 CLC (HCD)
....ny conduct that brings authority of the court into disrespect or disregard or undermines it dignity and prestige. Scandalising the Court is a worst kind of contempt. Making imputations touching the impartiality and integrity of a Judge or making sarcastic remarks about his judicial competence is als......the authority of giving approval for banking activities. 2. The petitioner collected a copy of that allegation. Thereafter the respondent No.3, Dr. Atiur Rahman, Governor, Bangladesh Bank made an investigation into the matter and submitted a report to the Secretary, Ministry of Finance wherein i..Category: Employment/Service Law | Date: | Hits: 115
Law Dev (Bangladesh) Vs. Bangladesh and another, 2011, 40 CLC (HCD)
....pugned Memo dated 11-10-2009 on behalf of the President of the Republic purely in exercise of the executive power as mandated by Article 55(2) of the Constitution. The BERC is neiÂther an Attached Department nor a Wing nor a Division of the Administrative Ministry and, as such, the Chairman is not ......on as the case involves a substantial question of law as to the interpretation of the Constitution. The certificate as prayed for is granted. Ed. This Case is also Reported in: 63 DLR (2011) 626...Category: Employment/Service Law | Date: | Hits: 92
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