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.... same time, the arbitration proceeding must also conform to certain well established principles and norms of legal rules and conduct. Upon conclusion of hearing, the members of the Tribunal must hold proper deliberations amongst themselves covering all the issues of the proceeding before making and ...... Corporation, represented by its Country Manager...........Respondent
Judgment
January 5, 2009.
Result:
The Award is hereby set aside.
Cases Referred to-
Sheik Abdulla Vs. MVRS Firm and Sons, 1924 Rangoon 153; Abu Hamid Zahira Ali Vs. Golam Sarwar, 22 CWN (1917-18), 301; European G......aim of the claimant for the amount of Taka 4,88,72,217.43 and also allowed the counterclaim of respondent No. 1 for Taka 57,26,92,897.67.
5. Since the instant application was filed challenging the legality and propriety of the Award on the ground of non-compliance as well as violation of the prov..
Category: Alternative Dispute Resolution | Date: | Hits: 385
State Vs. Anwar Hossain and others, 2008, 37 CLC (HCD)
.... sentenced to imprisonment for life. The jail appeals are accordingly, disposed of. Send down the lower Court's records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 1. ...... Supreme Court High Court Division (Criminal Appellate Jurisdiction) Present: AKM Fazlur Rahman J ATM Fazle Kabir J State………………………Appellant Vs. Anwar Hossain and others.............Respondents Judgment August 21, 2008. Result: The appeals are dis......al Case No. 34 of 2004 by the judgment and order dated 13-2-2005. In addition to the sentence of death those convicts were also sentenced to pay a fine of Taka 25,000 each. 2. Challenging the legality and propriety of that judgment and order of conviction and sentence condemned prisoner Gob..Category: Criminal Law | Date: | Hits: 67
Aroj Ali Sarder Vs. State, 1989, 18 CLC (HCD)
....lic. It was held in that case that the prosecution needed to prove that the acts of the accused caused common injury, danger or annoyance to public or to the people at large who dwell or occupy the property in the vicinity and on a finding that the Courts below only found those acts to be immora...... Aroj Ali Sarder.........................Petitioner Vs. The State........................Opposite Party Judgment February 5, 1989. Cases Referred to- Jatindra Nath Vs. Manindra Nath and another, AIR 1950 Calcutta 330; Maijuddin Laskar Vs. Moulana Nurun Nabi, 16 DLR (Dhaka) 528; 10 ......nt to the south of the home of the informant Ahsan Habib and others caught hold of them and their activities having been anti social and they having not been husband and wife, be tried and be given legal punishment. 8. It is seen that the accused having been taken to the Kalkini Police Station ..Category: Criminal Law | Date: | Hits: 76
Nur Mohammed alias Bog Master Vs. State, 1988, 17 CLC (HCD)
....tion and sentence passed against the accused-petitioner is set aside. Let the accused-petitioner be discharged from his bail-bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 301. ......…Opposite Party Judgment December 15, 1988. Result: The Rule is made absolute. Cases Referred to- Mazulla Vs. The State, PLD 1961 (Pesh) 7; Mrs. C.M. Samsul Vs. Mr. C.M. Samsul and the State, 19 DLR (HC) 428; Mirro Vs. Emperor, AIR 1947 All 97; Emperor Vs. Sami Des, AIR 1926 L......medical report nor medical evidence is available to support the allegation of P.W.1 and hence no reliance can be placed on the uncorroborated sole testimony of the victim in the absence of any medico legal evidence. 14. Next, the learned advocate Mr. Akram Hossain Amin has taken us through the ju..Category: Criminal Law | Date: | Hits: 92
Engineer A. B. Siddique Vs. Kazi Akramuddin and others, 2011, 40 CLC (AD)
.... further allotment in the name of writ-respondent No.7 on the same date (4.12.2004) and as such, in law there was no necessity for issuing any notice to the writ-petitioner for showing cause. Private properties of writ-respondent No.7 i.e. R.S. plot No.1435 (part) has been allotted in favour of the ...... Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Engineer A. B. Siddique…………………….......Petitioner Vs. Kazi Akramuddin and others……………………Respondents Order August 23, 2011. Result: Leave is gr......000/743/17(5) dated 23.12.2004 (annexures K and L) issued by writ-respondent No. 4 in favour of writ-respondent No. 7 should not be declared to have been made without lawful authority and to be of no legal effect. At the time of issuance of the second Rule, writ-respondent No. 7 was restrained from..Category: Property Law | Date: | Hits: 79
....igh Court Division but it did not refer and discuss them. It noticed the above judgment of this Division. Anyway, in presence of a judgment of this Division on the same subject matter, we feel it not proper to consider the other judgments of the High Court Division, if there be any.
6. In that c......el Hossain CJ
Surendra Kumar Sinha J
Md. Abdul Wahab Miah J
Nazmun Ara Sultana J
Syed Mahmud Hossain J
Md. Shamsul Huda J
Government of the People’s Republic of Bangladesh and another.........Appellants
Vs.
Md. Shahjahan and others……………………………......found that the facts are quite distinguishable from the facts of those cases. This appeal is disposed of with the above observations.
Ed.
This Case is also Reported in: 18 MLR (AD) (2013) 1.
..
Category: Others | Date: | Hits: 138
....cluded that there was no reason for not applying the ratio of the said decision in the present cases.
The findings arrived at and the decisions made by the High Court Division having been made on proper appreciation of laws and facts do not call for interference.
Accordingly, all the leave-p......sain CJ
Surendra Kumar Sinha J
Md. Abdul Wahhab Miah J
Nazmun Ara Sultana J
Syed Mahmud Hossain J
Muhammad Imman Ali J
Md. Shamsul Huda J
The Chief Engineer, the Local Government and Engineering Department LGED Bhaban, Agargaon, Shere-E-Bangla Nagar,Dhaka....................Peti......le of some of the writ-petitioners to “consolidated pay” without any rhyme or reason. Since their appointments, the petitioners having served long period in the development projects have acquired legal and constitutional rights to be transferred to the revenue budget under the provisions of law ..
Category: Others | Date: | Hits: 172
Khairul Bashar (Md.) and 8 others Vs. Collector of Customs and others, 1997, 26 CLC (HCD)
....of such declared value. 7. Normally invoice value is the basis of assessment of customs duty. To prevent under invoicing or over invoking widely practised by the traders either to evade payment of proper duty or to smuggle out foreign exchange power has been vested in the Government under sub-sec......se is also Reported in: 50 DLR (HCD) (1998) 225. ......harging customs duty at the rate of 25% on the basis of SRO dated 24-12-91 which was issued subsequent to the opening of letters of credit on 7-12-91 and 8-12-91 is without lawful authority and of no legal effect. So, we find merit in these two Rules. 10. In Writ Petition No.278 of 1992 Customs a..Category: Fiscal/Taxation Law | Date: | Hits: 134
Sentu Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....sider that the appellant has made out a case that he had no opportunity of availing of the alternative remedy in section 30 of the Special Powers Act. If and when such a case is made out it will be improper, inequitable and indeed a denial of justice if the door is shut upon the face of the accused ......eme Court High Court Division (Special Original Jurisdiction) Present: Mahfuzur Rahman J M M Ruhul Amin J Sentu…………………….Petitioner Vs. Government of Bangladesh and others………………………..Respondents Judgment October 27, 1997. Result: Th......mprisonment for 10 years and to pay fine of Tk. 1000.00 in default to suffer rigorous imprisonment for one month more should not declared to have been passed without any lawful authority and is of no legal effect. 2. It is stated in the petition that the petitioner is a businessman and was tried ..Category: Criminal Law | Date: | Hits: 63
Dr. Professor MA Hadi Vs. Bangladesh and others, 1997, 26 CLC (HCD)
....e the writ petition is discharged on the ground of maintainability we do not think it is necessary to go into the merits of the case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 218. ......8) 218. ......- This Rule Nisi was issued calling upon the respondents to show cause why the impugned order as contained in Annexure-C should not be declared to have been made without lawful authority and is of no legal effect. 2. The facts, as stated in the petition, in short, are that the petitioner is a rep..Category: Employment/Service Law | Date: | Hits: 120
Raquibuddin Ahmed Vs. SAM Iqbal and another, 1997, 26 CLC (HCD)
....the Chief Metropolitan Magistrate, Dhaka, and the Officer-in-Charge, Ramna Police Station, Dhaka, for information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 209.......eme Court High Court Division (Civil Revisional Jurisdiction) Present: Md. Mozammel Haque J Md. Hassan Ameen J Raquibuddin Ahmed.......................Petitioner Vs. SAM Iqbal and another...........................Opposite Party Judgment August 6, 1997. Result: Th......the Ministry. 4. Challenging this order of termination dated 31-8-82 the petitioner filed a suit being Title Suit No.697 of 1985 for a declaration that the order of termination dated 31-8-82 was illegal, void and without lawful authority and prayed for re-instatement to the service as Secretary o..Category: Others | Date: | Hits: 142
Bashir Kha Vs. State, 1998, 27 CLC (HCD)
....pector as to what he did with the adulterated seized insecticides. At this, the accused became very much enraged and then the other employees of the office including the informant asked him to behave properly. The accused then tried to give ruler blow but it did not hit the informant. Then the accus......t Attorney-General - For the State. Civil Revision No.3141 of 1991 (Dhaka) Civil Revision No.76 of 1985 (Sylhet) Judgment Md. Hamidul Haque J.- This Rule is directed against the judgment and order passed by the learned Session Judge, Sylhet in Criminal Appeal No.16(II)85 affirming the j......ack the case to this trial Court for curing the defect in the charge and to deliver fresh judgment. On perusal of the judgments of the Courts below it appears to me that the Courts misappreciated the legal position and, as such, this revision can be disposed of on merit. 7. In this case charge wa..Category: Criminal Law | Date: | Hits: 58
....claim in the land in question and that upon the finding that since acquisition in the year 1954 the Railway Authority being the owner of the land held that the Port Authority is the real owner of the property in question and that the respondent Nos. 1 and 2 are trespassers as they have no legal basi...... in: 50 DLR (HCD) (1998) 195.
...... 1954 the Railway Authority being the owner of the land held that the Port Authority is the real owner of the property in question and that the respondent Nos. 1 and 2 are trespassers as they have no legal basis for claiming the land in question and that they illegal and unauthorisedly are possessin..
Category: Property Law | Date: | Hits: 103
....owing the purchase he duly went into possession of the case land within the full view and knowledge of Abul Hossain and his sons, the pre-emptors, and he has been in continuous possession in the said property since then. The further case of the contesting opposite party is that since the price of la......: 50 DLR (HCD) (1998) 55; 50 DLR (HCD) (1998) 193.
......tinuous possession in the said property since then. The further case of the contesting opposite party is that since the price of land has shot up manifold the petitioners filed this case for making illegal gains on false and frivolous allegations. It was further asserted that the petitioners have no..
Category: Property Law | Date: | Hits: 78
Ibrahim Khalil Vs. State, 1998, 27 CLC (HCD)
....he Sessions Judge for disposal in accordance with law and in the light of observations made above. Send down the lower records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 192.......…………..Petitioner Vs. State…………………Opposite Party Judgment March 10, 1998. Result: The Rule is made absolute. Case Referred To- Kamelshwar Singh Vs. Dharmandeo Singh, AIR 1957 Patna 375. Lawyers Involved: None appears - The Petitioner. Md. Musta......to me that a Sessions Judge-in-charge cannot admit an appeal. I have found support to my view in the case of Kamelshwar Singh Vs. Dharmandeo Singh reported in AIR 1957 Patna 375. 3. In view of the legal position explained above, I am of the view that in the instant case, the admission of appeal b..Category: Procedural Law | Date: | Hits: 69
....eventually died as a childless widower at his native village Kakabo PS Savar District Dhaka leaving the plain as his only heir to succeed him and since then he has been owning and possessing the suit property peacefully on payment of rent to the Government Acquired Estate. The plaintiffs further cas......Send down the lower Court records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 186.......wing which he has been paying rent to the Government in his own name in respect of the suit property. It was in late 1975 that at the instance of some greedy and unscrupulous persons the defendants illegally tried to treat the suit property as a vested property and threatened to oust him possession ..
Category: Property Law | Date: | Hits: 111
Abdul Jalil Munshi (Md.) Vs. Returning Officer & others, 1997, 26 CLC (HCD)
....ion is disposed of. Let a copy of this judgment/order be sent to the Returning Officer (respondent No.1) forthwith for compliance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 179. ...... Writ Petition No.7399 of 1997. Judgment Qazi Shafiuddin J.- The petitioner Md. Abdul Jalil Munshi filed nomination paper on 4-11-1997 for the post of Chairman of Eogram Union Parishad, PS Goalanda, District Rajbari. The Returning Officer cancelled the nomination paper on 5-11-97 on the pound......ved by the Returning Officer or by the Thana Nirbahi Officer. To participate in any election is a fundamental right of a citizen but to deny such right there must be some clear and specific law and a legal notice to the participant that his right of franchise was being curtailed for violation of suc..Category: Election Law | Date: | Hits: 153
Syed Masud Ali and others Vs. Md. Asmatullah and others, 1978, 7 CLC (AD)
....ed we do not feel that a detailed discussion of all the allegations made in the plaint require reproduction. All that need be stated is that in the Court of Munsif, the plaintiff has divided the suit properties under two schedules land has claimed ownership and possession over both of them. With reg......R (AD) (1979) 249.......first schedule land of the plain if the plaintiff so desires to proceed. In the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 249...Category: Trust/Waqf Law | Date: | Hits: 136
Commissioner of Income-Tax Vs. M/S. Jamiluddin Corporation Ltd., Bogra, 1979, 8 CLC (AD)
....mputing the total income to the assessee. In the result, therefore, the appeals are dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 242.......mp; Co. Ltd. Vs. Commissioner of Income Tax, (1960) 39 I.T.R. 706; Puna Electric Supply Company Vs. Commissioner of Income Tax, (1965) 57 I.T.R. 521; Commissioner of Income Tax Vs. Shuroji Ballav Das and Company, (1962) 46. I.T.R. 144; Commissioner of Income Tax Vs. Chamanlal Mangaldas Co., (1956)......tical incorrect cannot be included for the purpose of assessment of the total income of the assessment. 20. Lastly, the only question in whether such income could be deemed to accrue or arise. The legal fiction introduced in the section covers only those cases which, by law, have been said to hav..Category: Fiscal/Taxation Law | Date: | Hits: 124
Mokarrom Hossain Daradi Vs. State, 2011, 40 CLC (AD)
....rties are also creating pressure upon them and in view of such facts and circumstances and also considering the life of the petitioner being in danger and for fair dispensation of justice by adducing proper evidence filed the Miscellaneous Cases and those cases should be withdrawn from the 2nd Court......ses) Momtaz Uddin Fakir, Additional Attorney General, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Respondent (In all cases) Criminal Petition For Leave To Appeal Nos. 257, 258 and 259 of 2011. (From the judgment and order dated 07.04.2011 passed by the High Court Division ......fice-in-Charge of Valuka Model Thana being Valuka P.S. Case No.15 dated 16.08.2007, P.S. Case No.21 dated 17.08.2007 and P.S. Case No.29 dated 17.08.2007 respectively on the allegation of demanding illegal subscription. 4. After investigation in all above cases, the police submitted charge sheet ..Category: Criminal Law | Date: | Hits: 80
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