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

....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.......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....... Concord Engineers & Construction Ltd...............Respondent Judgment January 15, 1996. Result: The appeal is dismissed. Lawyers Involved: Sharifuddin Chakladar, Assistant Attorney‑General - For the Appellant. S R Paul, Advocate ‑ For the Respondent. Appeal from t......laintiff and could not be made a Rule of the Court. The defendant filed an application under Order 7 rule 11 of the Code of Civil Procedure for rejecting the plaint on the ground that it is barred by law and consequently not maintainable and the learned Subordinate Judge under the order dated 30‑1..

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

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

....wever filed an application praying for temporary injunction restraining defendant‑appellant from proceeding with the SCC execution case to prevent multiplicity of litigations and in the interest of justice and the learned Subordinate Judge after hearing both the sides was pleased to pass the impug......conclusion of the trial found that the defendant No.1 was a, monthly tenant under the plaintiff and a habitual defaulter and that defendant No.2 was an illegal sub‑tenant in the suit‑premises and accordingly, decreed the SCC suit for eviction by his Judgment and decree dated 14‑5‑86. Being a......saduzzaman J Sarada Bala Sen............Appellant Vs. Sheikh (Md.) & others............Respondent Judgment April 20, 1995. Result: The appeal is dismissed. Cases Referred to- Firm Ishardes Devi Chand and another Vs. RB Prokash Chand and another, AIR 1969 (SC) 938; Abd......isputed that the defendant-appellant has obtained a decree in the SCC suit for eviction of the defendants and for compensation and the same has been upheld by the highest Court of the country but the law did not permit the SCC Judge to conclusively decide the question of title of the parties in the ..

Category: Civil Law | Date: | Hits: 130

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. ......make any further statement or to adduce any defence evidence. The Trying Judge on considering the evidence found the accused‑appellant guilty of offence punishable under section 409 of the Code and accordingly convicted and sentenced him as aforesaid. Being aggrieved the appellant has preferred th..................Appellant Vs. State, represented by the Deputy Commissioner, Bhola..................Respondent Judgment July 19, 1993. Result: The appeal is allowed. Cases Referred to- 5 DLR 509; 39 DLR 14; PLD 1960 (Dhaka) 13; 41 DLR (AD) 158; 16 DLR 223; 28 DLR (AD) 35; 33 DL......ion is not warranted by the evidence on record so far as the allegation of misappropriation is concerned. 5. Point for determination in this appeal is whether the trial was held in accordance with law or whether the same is vitiated by lack of competence and not following the legal procedure as l..

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. ......O No.151 Law/92‑1465/Customs dated 18‑6‑92 published in the Bangladesh Gazette customs duty was 15% ad valorem on the milk food infant formula "My Boy" under HS Code No.19‑01‑1901.10.10 and accordingly, petitioner opened an LC for importing 4160 cartons of the said goods on 19‑4‑1993. ......03. ......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)

....fendant respondent has raised baseless objection. All amendments that may be necessary for determining the real question in controversy between the parties may be allowed provided it does not cause injustice or prejudice to the other side. Ultimately Courts exits for the purpose of doing justice bet......s defendant appeared in the trial Court and contested the suit by filing written statement denying all material allegations brought in the plaint and further prayed for allowing him to repay the loan according to the conditions given by interest condonation committee. It is further stated that defen......ant-Petitioner Vs. Saiful Islam……………………………Respondent-Opposite Party Judgment March 12, 2006. Result: The application for amendment is allowed. Case Referred to- Kishandas Vs. Vithoba, (1909) 33 Bom 644. Lawyers Involved: J. K. Paul - For the Appell......sated for by costs or other terms to be imposed by the order. It is submitted that the following observations of Batchelor, J. in the case of Kishandas Vs. Vithoba (1909) 33 Bom 644, lay down correct law. 21. All amendments ought to be allowed which satisfy the two conditions (a) of not working i..

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. ......elf the first English Arbitration Act being an instrument of 1697 has long been hailed as a noble innovation by sea merchants so much so that even the common law stalwarts encountered no conundrum in according validity to arbitration clause, by way of a significant departure from the general rule th......vil) Present: Khademul Islam Chowdhury J AHM Shamsuddin Choudhury J Bangladesh Bank represented by its Governor…………………Petitioner Vs. Md. Kasedul Haque Majumder proprietor……………………Opposite Party Judgment January 12, 2003. Result: The rule is......o heed to the said demand, nor did it give any answer to any of the request the opposite party tabled. Because of the existence of an arbitration clause in the agreement, the opposite party through a lawyer, transmitted a notice dated 18.8.91 asking the petitioner to appoint an arbitrator, but to no..

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

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

....ce of Chief Election commissioner shall not be illegible as a judge of the Supreme Court which office is in the service of the republic as defined under Article 152 of the constitution. It was argued justice Rouf having held the office of Chief Election commissioner for about 4 years cannot come bac......that matter hold the office of a Judge of the Appellant Division of the Supreme Court of Bangladesh. It was submitted that the State includes parliament, the Government and statutory public authority according to the defining clause and the judiciary having not been specifically mentioned therein wh......��……Petitioner Vs. Mr. Justice Sultan Hossain Khan and others…………………………Respondents Judgment March 06, 2006. Result: The rule is discharged. Cases Referred to- Abdus Shukur Vs. Rikab Chand, AIR 1958, 52 page 937; Guru Gobinda Basu Vs. Sankari Proshad Gh......s rule was issued calling upon the respondents to show cause as to why the holding of the office of the Chairman "Durnity Daman Commission" by the respondent No.1 should not be declared to be without lawful authority and of no legal effect and or pass such other or further order or orders as to this..

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.......ad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Md. Abdul Khaleque……………………………......Petitioner Vs. Uttara Bank Limited and others..............Respondents Judgment October 20, 2011. Result: The leave petition is dismissed. Cases Referred to- 7 BLC (AD) 1...... notice that the petitioner is maintaining his day to day life by way of private tuition and as such, he is not in a position to pay the Court Fees and thereby, High Court Division committed error of law in affirming the order of the trial court. The learned Advocate further submitted that the Hi..

Category: Civil Law | Date: | Hits: 118

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

....tioner was deprived of any effective opportunity of defending his interest. The petitioner upon being informed of the cancellation by the impugned letter, contacted his lawyers and served a demand of justice notice on the respondents on 10.03.2000 demanding the cancellation/ recession/withdrawal of ......ewal with the respondents. On 24.02.2000 petitioner was shocked and surprised to received a letter bearing No. 1681/17-5 dated 14.02.2000 issued by the Divisional Forest Officer canceling his license accordingly to the Rule No.8(1) of the Saw Mills License Rules, 1998. The aforesaid letter further r......2008. Result: The petition is dismissed. Lawyer Involved: Md. Aftab Hossain, Advocate-on-Record- For the Petitioner. None represented-For the Respondents. Civil Petition for Leave to Appeal No.1499 of 2006. Judgment Mohammad Fazlul Karim J. - This petitioner seeks leave to ......ugned letter and hence the petitioner was deprived of any effective opportunity of defending his interest. The petitioner upon being informed of the cancellation by the impugned letter, contacted his lawyers and served a demand of justice notice on the respondents on 10.03.2000 demanding the cancell..

Category: Others | Date: | Hits: 127

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....... objection to the acceptance of the award together with bank guarantee. By the impugned judgment, the learned Joint District Judge pronounced the judgment making the award Rule of court. A decree was accordingly, signed and sealed on the basis of judgment. 5. Mr. Abdus Samad, the learned Senior A.......................Appellant Vs. Sikder Construction Ltd. and another.....................Opposite-Parties Judgment August 18, 2003. Result: The Appeal is dismissed. Cases Referred to- Bazla Rice Mills Vs. Bangladesh, 41 DLR 504; Hashmat Ali Jamader Vs. Ashmat Ali Jamader, 6 DL......judgment making the award Rule of court. A decree was accordingly, signed and sealed on the basis of judgment. 5. Mr. Abdus Samad, the learned Senior Advocate for the appellant, submitted that the law barred the application of the plaintiffs as it was made long after the award was made on 15-10-1..

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

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

....e any notice to the petitioner nor was the petitioner given any opportunity of being heard before issuance of the impugned order of termination which was a gross violation of the principle of natural justice. Hence the impugned order was liable to be declared to have been passed without lawful autho......ed position as president of the Union and since no valid committee of the Union existed, the so-called resolution taken, if any, had no basis and even if there was any elected committee of the Union, according to the prevailing law, they could not raise any objection regarding the administrative dec...... No.242 of 2009) Md. Ahsanullah.................................Respondent (In Civil Appeal No.243 of 2009) Judgment July 10, 2012. Result: The appeals are dismissed. Cases Referred to- Bangladesh Parjatan Corporation Vs. Shahid Hossain Bhuiyan, 43 DLR (AD) 154; Workers of Bata ......January, 2009 passed by the High Court Division in Writ Petition No.3109 of 2006). Judgment Md. Abdul Wahhab Miah J.- Facts involved in these two appeals though not exactly same, the points of law involved being common, they have been heard together and are disposed of by this single judgment..

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. ......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. ...... M Qumrul Haque Siddique, Advocate—For the Appellants. Syed Mafizur Rahman, Advocate—For Respondent No.1. First Appeal No. 343 of 2002. Judgment AK Badrul Huq J.- It is wretchedness to observe that many unscrupulous litigants in order to steer clear of order, judgment and decree of......ng required by the court to supply the requisite stamp-paper within a time to be fixed by the court, fails to do so; (d) where the suit appears from the statement in the plaint to be barred by any law. 8. Clause (d) of rule 11 is relevant for our purpose. Rule 11(d) contemplates that a plaint ..

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....... the above, the High Court Division committed no illegality in directing the respondents 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.......s. Abdul Quader Mollah and another …………………….....Respondents Judgment March 27, 2011. Result: The petition is dismissed. Lawyers Involved: Murad Reza, Additional Attorney General, instructed by Mrs. Sufia Khatun, Advocate-on-Record- For the Petitioner. Abdur Ra....... The High Court Division upon hearing the parties directed the petitioners to provide them Division-1 status. 4. It is contended on behalf of the petitioners that the High Court Division erred in law in directing them to grant Division-1 status to the respondents in failing to consider that the ..

Category: Criminal Law | Date: | Hits: 95

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. ......ovided in Section 28 of the Ain, 2003 cannot be applied in the instant case and that the provisions of Section 48 of the Code of Civil Procedure is applicable in the instant case. The Executing Court accordingly admitted the Execution Case and being aggrieved there against the judgment-debtor-respon......e Petitioners. Shah Md. Monir Sharif, Advocate, instructed by Mrs. Sufia Khatun, Advocate on-Record -For Respondent Nos.1-4 Not Represented- For Respondent Nos.5-8. Civil Petition for Leave to Appeal No.2180 of 2008. Judgment Shah Abu Nayeem Mominur Rahman J. - This leave petition ar......ndent filed the writ petition challenging the issue of limitation and the High Court Division accepted the case of the judgment-debtor and made the Rule absolute, declaring the impugned order without lawful authority and of no legal effect observing that:- "The learned Advocate for the respondent..

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. ......ief without deciding issue on the question of her title." In the instant case we have seen that both the Courts below had found that the plaintiffs had failed to prove his title and possession. So according to decisions referred to above a suit for simple declaration under section 42 of the Speci......ther...................Petitioners Vs. Abdul Mazid Mollah & others....................Opposite Parties Judgment July 31, 1995. Result: The Rule is discharged. Cases Referred to- Hemnalini Basu Vs. Md. Sabed Ali, 12 DLR 24; Rani Mumary Devi and others Vs. Siva Prosad Sing......e Court of the appeal below that the appointment of the plaintiff petitioner as permanent Nikah Registrar decree passed in Title Suit No.26 of 1977 has become infructuous is correct interpretation of law. But so long a decree remained unchallenged even if it is illegal that may create complications ..

Category: Civil Law | Date: | Hits: 130

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

....ding infant. The petitioner being the mother of the detenu children having genuine love and affection for the children has devoted her entire life for their upbringing. The petitioner served a demand justice notice through her lawyer asking the respondents to return back the children but there was n......ioner and are being illegally detained by the respondents and the respondents are obliged under the law to return the detenu children to the lawful custody of the petitioner‑mother. He submits that according to the established principles of law it is for the interest and welfare of the children to......is Judgment. All the four Rules arise under Article 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 pet...... until further order. The copies of the orders are annexed as Annexures‑B and E to this petition. It is further alleged that the detenu children have been illegally and deceitfully removed from the lawful custody of the petitioner mother. Furthermore, the petitioner is entitled to recover the cust..

Category: Family Law | Date: | Hits: 166

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

....nce, time and place and all other details with the provision that such error or omission will not vitiate the trial unless the accused has been misled by such error or omission occasioning failure of justice. Similarly, efforts were made under section 232 CrPC where in exercise of the power the appe......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.......ir Husain J Abdur Razzaque @ Geda…………........Appellant Vs. State....................Respondent Judgment August 31, 1995. Result: The appeal is allowed. Cases Referred to- 5 CWN 866; Joynal Abedin Vs. State, 37 DLR (AD) 113. Lawyers Involved: Abdul Quaium Cho......uaium Chowdhury, the learned Advocate appearing for the accused‑appellant, has submitted, amongst others, that the order of conviction and sentence passed by the learned Judge is not sustainable in law inasmuch as the accused‑appellant has been seriously prejudiced in his defence as no charge wa..

Category: Criminal Law | Date: | Hits: 144

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

....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. ......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. ......rajul Islam………………........Petitioner Vs. Ananda Furniture's……………..........................Respondents Judgment November 17, 2011. Result: The Petition for Leave to Appeal is dismissed. Lawyers Involved: Nurul Islam Bhuiyan, Advocate-on-Record- For the Pet......e framing of the suit showing Ananda Furniture as plaintiff and the defendant Md. Siraj as proprietor of Ananda Steel Tech Furniture Ltd. are absolutely misconceived and contrary to the provisions of law and as such the suit is not maintainable in law. 4. The Plaintiff filed written objection on ..

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. ......to the plaintiff on permanent basis. In view of the above, there is no substance in this application for interference 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......bu Sams Md. Khalequzzaman, Advocate-on-Record- For the Petitioners. Md. Nawab Ali, Advocate-on-Record-For Respondent No.1. Not Represented-For Respondent Nos. 2-7. Civil Petition for Leave to Appeal No. 355 of 2005. Judgment Mohammad Fazlul Karim J. - This Civil Petition for Leave t......, by his order dated 04.11.1989. The further case of the plaintiff is that he did not violate any of the terms and conditions of the lease deed of the permanent settlement and was competent under the law when he obtained the lease as he had not more than 2.30 acres of land. 4. The defendant Nos.1..

Category: Property Law | Date: | Hits: 116

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

....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. ......easons given by the trial Court by expression of general agreement with reasons given by the trial Court would ordinarily suffice (AIR 1967 (SC) Page 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 Ca......�……………Petitioner Vs. Md. Ustar and another…………………………Opposite Parties Judgment November 16, 1982. Result: Therule is discharged. Case referred to- A.I.R 1967(SC) Page 1124. Lawyers Involved: BK Das - For the Petitioner. AKM Faiz - ......nce this revision in this Court. Mr. B.K. Das, the learned Advocate, appearing on behalf of the pre-emptee petitioner has submitted that the Court of appeal below illegally and in violation of law as regards the procedure of deciding a case affirmed the decision of the trial Court. He has sub..

Category: Property Law | Date: | Hits: 113

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