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

.... under Order 7 rule 11 of the Code of Civil Procedure. 2. Facts out of which the present appeal arises, in short, are, that the plaintiff, who is the Chief Engineer, Roads and Highways Department, Government of the Peoples Republic of Bangladesh, instituted Title Suit No.99 of 1992 against the de......‘overs at Mohakhali and Banani and the tender of the defendant, namely, M/s. Concord Engineers and Construction Ltd. for Taka 78,98,30,210.00 being the lowest was accepted by the government, and work order to this effect was also issued on 15‑9‑90. Ultimately, the government by letter 28‑2‑9..

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.......nt. First Miscellaneous Appeal No. 51 of 1995. Judgment Md. Ansar Ali J.- This First Miscellaneous Appeal at the instance of the defendant No.2 appellant is directed against the Judgment and order dated 19th February, 1995 passed by the learned Subordinate Judge, 1st Court and Commercial Co..

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....t of arrest issued against absconding‑convict Badal Talukder in connection with this Sessions Case stands withdrawn and cancelled.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. ......ped by the three appellants and another accused Badal Talukder. 2. Accuseds were placed on trial before the Special Tribunal Madaripur, in Special Tribunal Case No.13 of 1992. By the Judgment and order dated 26‑11‑92 learned Tribunal Judge convicted the three appellants and Badal Talukder un..

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. ......aul Karim, the learned Advocate appearing for the appellant and Mr. MA Rouf, Assistant Attorney‑General who opposes the appeal on behalf of the State. Mr. Ziaul Karim has assailed the trial Court's order of conviction and sentence on the ground that the trial was held by a Special Tribunal as it a..

Category: Criminal Law | Date: | Hits: 95

Aminur Rashid Vs. Collector of Customs, Customs House, Chittagong and others, 1996, 25 CLC (HCD)

.... Result: The Rule is discharged. Cases Referred to- AI‑Samraz Enterprise Vs. Federation of Pakistan, 1986 SCMR 1917; Collector of Customs Vs. A. Hannan, 42 DLR (AD) 167; Abul Kashem Vs. Government of Bangladesh, 47 DLR 57; 42 DLR (AD) 167; Umree interprise (Pvt.) Limited Vs. Collector ......the Petitioner. Zakir Ahmed & Syed Mokaddas Ali, Assistant Attorney‑General ‑ For the Respondent Nos.4 & 5. Writ Petition No.1273 of 1993. Judgment Kazi Ebadul Hoque J.- In this Rule order dated 28‑7‑1993 passed by the respondent No.2, Appraiser, Customs House, Chittagong direct..

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. ......posing the appeal as well as to harass the respondent and as such the amendment applicable is liable to be rejected with cost. 15. Now point for determination whether the amendment of plaint under order 6 Rule 17 of the Code of civil Procedure can be allowed. 16. Law relating to the amendment..

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. ...... No.6159 of 2001. Judgment AHM Shamsuddin Choudhury J.- The Application under section 115(1) of the Code of Civil Procedure, which yielded the present rule, issued on 17.11.2001, sprang from an order dated 18.10.2001 passed by the learned 3rd Court of Subordinate Judge, Dhaka, allowing the Arb..

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

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

....ssain Khan, respondent No.1, as Chairman of the দà§à¦°à§à¦¨à§€à¦¤à¦¿ দমন কমিশন has been done in violation of Article 99 and 118 of the Constitution by a Notification issued by the Government in Cabinet Division. 3. The respondent No.1 was appointed as chairman of the Durnity D...... 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 Court may seem fit and proper. 2. The case of the petitioner, in short..

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....... Not represented-For Respondent. Civil Petition for Leave to Appeal No.683 of 2009. Judgment Md. Mamtazuddin 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. Th..

Category: Civil Law | Date: | Hits: 118

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

....g the land, buying and installing machinery and constructing saw Mills office. 3. The petitioner has fulfilled all conditions set out in the license. The Mills generates income and revenue for the Government besides creating employment opportunity for the local people. Currently a total of 10 per...... 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 appeal against the judgment and order dated 16.02.2006 passed by the High Court Division passed in Writ Petition No. 1319 of 2000 di..

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.......9, 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 section 14(2) of the Arbitration Act, 1940 for an order directing the umpire to file the award in court. Upon aforesaid application, the above suit wa..

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

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

....ation Vs. Shahid Hossain Bhuiyan, 43 DLR (AD) 154; Workers of Bata Shoe Co. represented by Bata Mazdoor League (Regd), Lah Vs. Bata Shoe Co. Ltd. Batapur Lahore 23 DLR (SC), 60; Md. Motiar Rahman Vs. Government of Bangladesh and others being Writ Petition No.4540 of 2000; Secretary, Bangladesh Jute ...... appeals) Abdur Rob Chowdhary, Senior Advocate, instructed by Zainul Abedin, Advocate-on-Record-For the Respondent (In both appeals) Civil Appeal Nos.242-243 of 2009. (From the judgment and order dated the 12th day of January, 2009 and the 15th day of January, 2009 passed by the High Court..

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. ......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 courts adopt dubious ways and take recourse to..

Category: Procedural Law | Date: | Hits: 84

Government of Bangladesh and others Vs. Abdul Quader Mollah and another, 2011, 40 CLC (AD)

....ivil) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazniun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Government of Bangladesh and others ……………......Petitioners Vs. Abdul Quader Mollah a......d- For Respondent No. 1. Civil Petition for Leave to Appeal No.569 of 2011. Judgment Surendra Kumar Sinha J. - Government of Bangladesh and its officers move this petition from judgment and order of the High Court Division in Writ Petition No.9199 of 2010 directing them to provide Division..

Category: Criminal Law | Date: | Hits: 95

Bangladesh Livestock Research Institute Vs. Dr. Md. Jahangir Alam Khan and another, 2012, 41 CLC (AD)

....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. ......ainst the judgment of the High Court Division in Writ Petition No.4371 of 2010 making the rule absolute. 2. Respondent No.1 moved the above writ petition in the High Court Division challenging the order of his suspension dated 7th December, 2009 on the ground that it was issued arbitrarily with u..

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. ...... 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 arises out of the judgment and order dated 12.08.2008 passed in Writ Petition No.6136 of 2007 by the High Court Division making the..

Category: Limitation Law | Date: | Hits: 140

Ishaque Mia (Md.) & another Vs. Abdul Mazid Mollah & others, 1995, 24 CLC (HCD)

....kground High Court Division held as follows: "it is true that a Nikah registrar is appointed under rule 5(1) of the said rules" on purely temporary basis until a Nikah registrar is licensed by the Government on regular basis. So the said decree passed in Tide Suit No.26 of 1977 is contrary to the......tioner has said that the Court may suo motu look into the question whether a decree has been obtained by fraud. Although this is true, the suit before the Court itself must be legally maintainable in order to examine the fraud. The instant suit filed by the plaintiff petitioner did not lie under sec..

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.......copy of notice dated 10‑7‑95 of divorce dated 9‑7‑95 issued by the respondent No.1 in pursuance of section 7 of the Muslim Family Laws Ordinance, 1961. The petitioner and her father were then ordered to leave the house also. The petitioner came to learn that the children are neglected by the..

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....... of Taka 2,000.00 in default, to suffer RI for 4 months more. The learned Judge also found him guilty under section 397 of the Penal Code and sentenced him to suffer RI for 7 years. The learned Judge ordered that both the sentences would run concurrently in Special Powers Act Case No.777 of 1976 on ..

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. ......-on-Record-For the Respondent. Civil petition for leave to appeal No.1267 of 2010. Judgment Md. 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. T..

Category: Procedural Law | Date: | Hits: 133