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Advocate Abu Zafor Siddique (Md.) Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....date of receipt of this Judgment to be effective from 9‑12-2003. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 602. ......ocuments were annexed to the application. Considering the prayer of the petitioner, the competent authority published a gazette notification on 10‑7‑1997 inviting objection, if any, regarding the appointment of the petitioner as Notary Public within 14 days of the Publication of the gazette noti..Category: Constitutional Law | Date: 2 Apr, 2005 | Hits: 4
....lled records of the court, and are of such high and super imminent authority that their truth is not to be called in question; a judicial organised tribunal having attributes and exercising functions independently of the person of the Magistrate designated generally to hold it, and proceeding accord......n the Administration of Justice. It is gross contempt of Court. In support of his contention he has referred to the case of In re An Advocate of Allahabad reported in AIR 1935 at page 1. In that case appointment of some Judges were questioned in an article which said, "In this connection it is ..
Category: Constitutional Law, Contempt of Court Law | Date: 21 Mar, 2005 | Hits: 7
Abdul Latif Hawlader Vs. Sultan Miah and others, 2005, 34 CLC (HCD)
....aintiff instituted the suit only with intent to grab the suit land on false and baseless allegations. He further submits that the plaintiff hopelessly failed to substantiate his claim by adducing any independent and most reliable witnesses since it is a case of oral contract inasmuch as the plaintif......r Assistant Judge (in charge), Gopalganj Sadar, Gopalganj in Title Suit No.120 of 1997 are hereby set aside. Ed. This Case is also Reported in: 57 DLR (2005) 574. ..Category: Tenancy Law | Date: 15 Mar, 2005 | Hits: 3
Mohiruddin Mondal alias Md. Mohiruddin Mondal and others Vs. State, 2005, 34 CLC (HCD)
....rs. He further submits that the ingredients of sections 148/326/114 and 323 of the Penal Code have not been proved against the accused-petitioners beyond reasonable doubt; that non-examination of the independent and material witnesses also casts serious doubt regarding the genuineness of the prosecu......r within 3(three) months to his bail bond to serve out the sentence imposed on him. Send down the LC record at once. Ed. This Case is also Reported in: 57 DLR (2005) 779. ..Category: Criminal Law | Date: 14 Mar, 2005 | Hits: 4
....ummon was
sent to the section of the Deputy Commissioner, but it was not transmitted to
vested property secÂtion. This P.W.1 deposed on 1.2.1999 and was not supported
or corroborated by any other independent witness to prove that all the S.A. recorded
owners left for India in 1965 and did not r...... both the
aforesaid rules. Both the rules are therefore discharged without any order as
to costs.
Send down the L.C.R.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 75.
..
Category: Property Law | Date: 23 Feb, 2005 | Hits: 5
....eir strict legal powers. That would be so where the exercise of the power in question would conflict with the promises the parties had exchanged, and it was not necessary that such promises should be independently enforceable as a matter of contract. However, the fact that trust and confidence betwe......appellant No. 1 company.
2. The aforesaid Matter No. 94 of 2000 arose out of an application filed by the respondent No. 1 under section 233 of the Companies Act, 1994, seeking, amongst others, appointment of auditors to audit the accounts of the company, since its inception, directions upon t..
Category: Company Law | Date: 22 Feb, 2005 | Hits: 364
Mustaque Hossain (Md). Vs. Md. Shajahan Miah and another, 2005, 34 CLC (AD)
....ade the rule absolute. The learned Counsel further submitted that having regard to the petitioner purchase of the possession of the premises on payment of salami and continuing with his tenancy right independently and the ex parte decree against him has been set aside by the trial Court and the same...... attributed for acceptance of the salami to render the tenant non‑ejectable in accordance with law. The petitions are dismissed. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 105. ..Category: Tenancy Law | Date: 1 Feb, 2005 | Hits: 120
Barkatullah Khan (Md.) Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....cation and accordingly the same is allowed. 17. Accordingly, the Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 302. ......or orders passed as to this Court may seem fit and proper." The petitioner, on completion of his studies at the University, successfully appeared in the BCS examination and was selected for appointment in the Police Service, as evidenced by Annexure ‘F’ to the supplementary aff..Category: Employment/Service Law | Date: 15 Jan, 2005 | Hits: 2
Abdur Rahman Sikder (Md.) Vs. Nur Mohammad Khan and others, 2005, 34 CLC (HCD)
....pplication for vacating the stay order is disposed of. Transmit a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 57 DLR (2005) 239. ...... already involved in the civil case claiming title and possession, shall get scope to go to the criminal Court to take undue advantage against the rival party and dislodge existing possession through appointment of Receiver. Section 145 CrPC is intended only to provide a quick temporary remedy for p..Category: Criminal Law | Date: 10 Jan, 2005 | Hits: 4
Badar Biswas & others Vs. State, 2005, 34 CLC (HCD)
....ot an attempt to interfere with the course of justice, malafide or for collateral purpose. 8. The word 'consent' as used in section 494 of CrPC means a consent freely given by a free and independent Court. Since the act of giving consent by the Court is a judicial act, the Court is enti......imited order of stay for 3 (three) months granted at the time of issuance of the Rule stood vacated for the lapse of time Ed. This Case is also Reported in: 57 DLR (2005) 770. ..Category: Criminal Law | Date: 9 Jan, 2005 | Hits: 37
Lal Miah (Hajee) Vs. Nurul Amin and others, 2005, 34 CLC (AD)
....ant No. 1 to materialise the decision said to have been made in the salish held to settle the ejectment suit filed by the defendant No. 1 against Khurshed Ali Master has not been established by any independent witness. PWs 3 and 4 although deposed about holding of a salish for the settlement of t......est money of Taka 15,000 paid to the defendant No. 1. The other part of the ordering portion of the judgment of the High Court Division is maintained. There is no order as to cost. Ed. ..Category: Procedural Law | Date: 5 Jan, 2005 | Hits: 147
Bangladesh Legal Aid and Services Trust and another Vs. Bangladesh and others, 2004, 33 CLC (HCD)
....e directions herein above given. Let a copy of this judgment and order be supplied to the learned Deputy Attorney General for compliance. Ed. This Case is also Reported in: 25 BLD (HCD) (2005) 83. ......efaulters are prosecuted as per law. Section 8 of the Act provides for inspection of the salt manufacturing factories, sale depots, godown, shops etc. and Rule-9 of the Rules, 1994, speaks about such appointment of inspectors and their working procedures. Section 2(a) of the Act gives the contents o..Category: Health Law | Date: 14 Dec, 2004 | Hits: 239
Biseruddin Sarder (Md) and others Vs. Md. Tofazzal Hossain Biswas and others, 2005, 34 CLC (AD)
.... further held that DW 1 is defendant No.1 himself and DW 2 is husband of defendant No. 2 and they are interested witnesses and, as such, their evidence could not be relied upon unless corroborated by independent witnesses but no independent witnesses was produced in this case by the defendants. ......e view that the High Court Division acted illegally in interfering with the findings and decision of the Court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. ..Category: Property Law | Date: 13 Dec, 2004 | Hits: 21
Md. Muinuddin Zulfiquer Vs. Ministry of Shipping and others, 2004, 33 CLC (AD)
....light of the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 132. ...... and Ship Surveyor Department of Shipping). 2. The writ petition was filed stating, inter alia, that on February 5, 1994 Public Service Commission made an advertisement calling application for appointment in two posts of Engineer and Ship Surveyor, that the post of Engineer and Ship Surveyor..Category: Employment/Service Law | Date: 4 Dec, 2004 | Hits: 5
Bangladesh Jute Corporation Vs. AB Jute Ltd, 2004, 33 CLC (HCD)
.... Awards dated 2‑5‑95 and 24‑6‑96 are accordingly set aside. Send down the records. Ed. This Case is also Reported in: 57 DLR (2005) 663. ...... On receipt of said application, the Registrar shall constitute a Board for adjudication of the difference, disagreement or dispute forming the subject matter of the reference. 29. Regarding the appointment of arbitrators, rule VI of said Rules provides that unless the agreement to refer the di..Category: Arbitration Law | Date: 18 Aug, 2004 | Hits: 8
....oof of such entries in its books of accounts shall not be sufficient evidence to entitle the bank to charge any person with any liability and ultimately, to a decree against him. The bank must adduce independent evidence in corroboration thereof.
Documentation is one of the most important parts......date of institution of the suit the bank was not sure that the property was really mortgaged. Is it the reason for which the plaint was framed as a title suit? How prayers for interlocutory order for appointment of receiver, temporary in unction, etc. could be included in the relief sought for in th..
Category: Banking Law, Corporate Law | Date: 1 Aug, 2004 | Hits: 4
Chairman, RAJUK Vs. MN Alam and Associates Limited, 2004, 33 CLC (HCD)
....rator, only course open to a party to the contract was to move the Court under section 8(1)(a) of the Act for appointment of an arbitrator. None of the parties has any right to appoint any arbitrator independent of the agreement and ask other party to concur. The course adopted by the consultant cou...................Respondent Judgment July 27, 2004. Result: The Appeal is allowed and Rule is disposed of. In the circumstances and on the failure of the parties to concur in the appointment of an arbitrator, only course open to a party to the contract was to move the Court unde..Category: Arbitration Law | Date: 27 Jul, 2004 | Hits: 8
AHM Mustain Billah & others Vs. Bangladesh, 2004, 33 CLC (AD)
....aid appeal was heard and dismissed on merit, the Civil Petition for Leave to Appeal No. 826 of 1998 shall also stand dismissed without any order as to costs. Ed. This Case is also Reported in: ......‘82 (Annexure‑B) inviting applications for recruitment to 650 posts of Magistrate in BCS (Administrative: Administrative) Cadre. In this Advertisement it was stipulated that "Selected persons after appointment to BCS (Admn: Admn) will be placed in the Cadre list after the last person already encad..Category: Employment/Service Law | Date: 23 May, 2004 | Hits: 128
Executive Engineer, LGED, Rangpur Vs. A Latif & Company Ltd, 2004, 33 CLC (HCD)
....d dated 22‑6-2000 is accordingly set aside. The arbitration agreement now ceases to have any effect. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 656. ......h refused to set aside the award dated 22‑6‑2000. 2. The respondent made an application under section 20 of the Arbitration Act, 1940 for filing of the arbitration agreement in Court and for appointment of an Arbitrator to arbitrate on the claims for Taka 65, 83,999.60 on account of compens..Category: Arbitration Law | Date: 11 Apr, 2004 | Hits: 3
Sec. Min. of Law, Justice & Par. Affairs & ors. Vs. Md. Borhan Uddin and ors., 2004, 33 CLC (AD)
....discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ......he Government being that of a client and a lawyer and that being the accepted position and whose skill or special know the government was utilizing cannot take exception to the termination of such appointment…..(14) Lawyers Involved: Syed Abu Kowser and Md. Dabir..Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 201
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