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....ed between the parties, has in fact or can, in law be deemed to have dealt with the present dispute, the second reference would be incompetent. This position also has not been and cannot be seriously disputed.”
28. On the above authorities, we find that after coming into force of the Arbitratio......Plaint of the suit having been rejected, no separate order needs to be passed on the application of defendant No. 3 for striking out its name.
Ed.
This Case is also Reported in: 54 DLR (2002) 17...
Category: Civil Law | Date: | Hits: 101
Idrish Ali Bhuiyan (Md) Vs. Dr. Alauddin Ahmed & ors., 2002, 31 CLC (HCD)
....g out the name of respondent Nos. 1‑3, 8 & 9 and the prayers 'b', ‘c’, ‘d’ & ’e’ in the prayer portion of the election petition. Ed. This Case is also Reported in: 55 DLR (2003) 19.......e and accordingly, Gazette notification was made by the Election Commissioner on 9th October, 2001. The election was held peacefully in the constituency and election authority played a normal role in holding the election of the constituency. The petitioner of the original case was given right to fil..Category: Election Law | Date: | Hits: 85
Hanif Ali (Md) Vs. Hajera Khatun and others, 2002, 31 CLC (HCD)
....oner before the trial Court for the amendment is allowed. In view of the facts and circumstances there will be no order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 17. ...... to him. 4. The plaintiff-petitioner accordingly, prayed for amendment of the plaint under Order VI rule 17 of the Code of Civil Procedure which was rejected by the learned Senior Assistant Judge, holding that the preliminary decree will be disturbed if the amendment is allowed at this stage. ..Category: Property Law | Date: | Hits: 34
Humayun Majid Vs. Bangladesh Bureau of Anti-Corruption and ors., 2000, 29 CLC (HCD)
....rnish the necessary documents. 14. The respondent No. 6 AKM Moinuddin in his lengthy affidavit-in-opposition has mainly stated denying the ownerships of the petitioner and all these are matters of disputed question of title and facts. 15. The respondent Nos. 8-14 who are the heirs of late Sham......y respondent No.3 purported to have been started under Articles 31/50 of the Anti-Corruption Manual read with sections 94/116 Cr.P.C. by directing the petitioner to submit the documents and papers of holding No. 21 Motijheel Commercial Area, Dhaka. The Rule Nisi was issued calling upon the responden..Category: Anti-Corruption Laws | Date: | Hits: 232
Saroj Kanta Sarker Vs. Seraj‑ud‑Dowla & ors., 2003, 32 CLC (HCD)
....d on 2‑4‑1985 between the plaintiff and defendant No. 1 for sale of 4.06 acres of land fully described in schedule to agreement. The agreement is a bilateral one. Execution of the contract is not disputed. 32. Paragraph 2 of the agreement clearly stipulates that the price of said land was fix......land at an increased price of Taka 20,00,000. Defendant No. 1 also in his written statement admitted in the agreement the time for performance was September 1990. PW 1 and PW 4 Sayeed Khan proved the holding of meeting and the decision taken therein. In view of such decision between the plaintiff an..Category: Civil Law | Date: | Hits: 78
Abdul Kader Mirza and another Vs. Bangladesh, 2003, 32 CLC (HCD)
....cal enmity or not giving rise to the issuance of the impugned Notification transferring the case cannot be disposed of in this application under Article 102 of the Constitution this being a very much disputed question of fact and, more so, we have already found that except the petitioner there are o......f course, in section 9 of the Ain, provisions for application of Chapter XX of the Code in trial of the cases. On perusal of the provision of Chapter XX of the Code we do not find that as a result of holding trial under Chapter XX, in the interest of speedy trial of the cases pursuant to the princ..Category: Criminal Law | Date: | Hits: 50
National Bank Ltd. and others Vs. Habib Bank Ltd. and others, 2002, 31 CLC (HCD)
.... dismissed. In the circumstances, there shall be no order of costs in any of the appeals. Send down the lower Court records forthwith. Ed. This Case is also Reported in: 56 DLR (2004) 15. ......e as stipulated, that all the documents required under the LC were dispatched to the defendant, that there was no discrepancy in any of the documents, that they did never intimate them that they were holding the documents at the disposal of the plaintiff, that if the issuing bank refuses payment und..Category: Business or Commercial Law | Date: | Hits: 202
Abul Hossain and others Vs. State and another, 2003, 32 CLC (HCD)
....esolved and decided in the case only on a proper discussion and assessment of evidence on record. This application is rejected summarily. Ed. This Case is also Reported in: 56 DLR (2004) 12. ......dgment. Reference can be made to the case of Bhulu Rani Shaha and another vs. Pranballav Podder and another, 5 BLC (AP) 122. 20. What is painful in this case is that the learned Magistrate who was holding trial and deciding guilt or innocence of some person put to trial in a Criminal prosecution ..Category: Criminal Law | Date: | Hits: 34
....6‑11‑2002 vide Annexure E to the writ petition is hereby declared to have been issued without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 56 DLR (2004) 1.
......not arise at all. And not a single condition of Environment clearance certificate was violated by the petitioner. Allegation of pollution was made by Ferdous Ara‑Khanam on 13‑11‑2002 and before holding the alleged inquiry no notice was given to the petitioner and actually no evidence was taken..
Category: Environmental Law | Date: | Hits: 226
Osiar Rahman Vs. Dharus Sunnah Islamia Madrasha, 1996, 25 CLC (HCD)
....4 of 1988 is set aside. The Other Suit No.14 of 1988 is restored to its original file and number. Send down the LC Records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 93. ...... incidentally averred that summons of the suit in which ex parte decree was obtained also suppressed and not served upon the defendant of the said suit. He also submits that the courts below erred in holding that the remedy sought as provided in Order 9 rule 13 CPC against ex parte decree is without..Category: Civil Law | Date: | Hits: 66
Narayanganj High School and others Vs. Pran Ballave Saha Banik and others, 1998, 27 CLC (HCD)
....issions made by the learned Advocate for the petitioner are self-defeating and misconceived and the same deserve no consideration. 7. Mr. Huq has taken me through the impugned judgments. It is not disputed that the plaintiff has been a Senior Teacher of Narayanganj High School. It is also not dis......ffirmed by the District Judge, Narayanganj in Title Appeal No.60 of 1990, are maintained. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 90...Category: Employment/Service Law | Date: | Hits: 72
American Express Bank Limited Vs. Chairman, National Board of Revenue and others, 2001, 30 CLC (HCD)
....uperior court. In our view, the respondents are thus stopped from disputing over the claim of Head Office expenses without disturbing the judgment of the Tax Appellate Tribunal. Annexures C-H are the disputed Income Taxes returns for the assessment period from 1992-93 to 1997-98. It appears from all...... of the chartered accountant as required under law and on being satisfied with the returns submitted by the petitioner in all the years of assessment were accepted by the Deputy Commissioner of Taxes holding that the Income Tax returns submitted showing profit and loss were duly examined and certifi..Category: Fiscal/Taxation Law | Date: | Hits: 132
....ubmit that they were not satisfied with the way the petitioner had been conducting the case and therefore, decided to remove him and appointed respondent No.3 as Public Prosecutor. Without going into disputed question of facts let us examine the impugned Memo itself which is Annexure ‘D’ to the ......val of the petitioner is illegal and without any lawful authority.
The Rule is accordingly disposed of without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 81...
Category: Employment/Service Law | Date: | Hits: 108
....f Public Works and Urban Development for information at once.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 67.......decessor late Md. Ali Akbar against which their predecessor-in-interest filed case being No.1084 of 1992 before the Court of Settlement, Dhaka and the same was dismissed by its judgment dated 15-9-97 holding the case as have been barred by limitation. The case house does not fall within the mischief..
Category: Property Law | Date: | Hits: 28
Dr Abeda Begum and others Vs. Public Service Commission and others, 2006, 35 CLC (HCD)
.... J, as he then was, in the decision reported in 1981 BLD (AD)140 at page 166 observed as follows: "In the present case the appellant has, instead of alleging malice in fact which might have raised disputed questions of fact, asserted that Government had as mentioned above, no other reason to reti......ahid freedom fighters should not be deprived of the 30% quota reserved in favour of them. 20. In furtherance of the aforesaid policy decision, the Government has taken a special welfare scheme for holding 23rd BCS (Special) Examination, 2000 for the recruitment of the freedom fighters and the chi..Category: Employment/Service Law | Date: | Hits: 134
AMC Bennett and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....petition seems to be frivolous and without any substance. Accordingly, the Rule is discharged with cost of Taka 15,000 (fifteen thousand). Ed. This Case is also Reported in: 59 DLR (2007) 178.......Civil Petitions for Leave to Appeal Nos. 1292 & 908-912 of 2002, dated July 30, 2004 contention of the learned Counsel for the RAJUK was to the effect that the High Court Division was in error in holding that RAJUK must allot alternative plots to the writ petitioners who are in fact the affected..Category: Property Law | Date: | Hits: 34
Tahera Begum and others Vs. First Court of Settlement and others, 2006, 35 CLC (HCD)
....r further order or orders passed as to this Court may seem fit and proper. 2. The petitioners' case is that one Md. Mujtaba Siddique, son of late Mustafa Siddique was the original owner of the disputed property which was allotted to him by Government of the then East Pakistan through a letter......ly included in the 'kha' list of the abandoned buildings. In the result, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 59 DLR (2007) 173. ..Category: Property Law | Date: | Hits: 29
AVP, Uttara Bank Ltd. Vs. Shahabuddin Khan and others, 2006, 35 CLC (HCD)
.... cost. Send down the lower Court's records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 166. ......e of enquiry. He on receipt of such notice informed the defendant No. 6 that due to illness he was not in a position to appear before him at Khulna and requested him to make necessary arrangement for holding enquiry at Mymensingh, but in vain. The defendant Nos. 6-8, the members of the Enquiry Board..Category: Employment/Service Law | Date: | Hits: 69
Torab Ali (Md) Vs. Government of the People's Republic of Bangladesh and Others, 2005, 34 CLC (HCD)
....-charge), Gouripur passed in Other Class Suit No. 82 of 1994 are affirmed. Stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 154. ......gned judgment and decree that the appellate Court below without discussing the evidence on record allowed the appeal reversing the judgment and decree passed by the trial Court in a slipshod judgment holding that the summons were not duly served upon the Government. But from the discussions above it..Category: Property Law | Date: | Hits: 32
Continental Traders Vs. Bangladesh Textile Mills Corporation and others, 2006, 35 CLC (HCD)
....ear from the date of discharge of the consignment or when the goods have been delivered as required under Rule 6 of Article 3 of the Schedule to the Carriage of Goods by Sea Act. 20. It is not disputed that the suit was filed beyond one year after the date of discharge or the date when the go......been brought beyond the period of limitation of one year from the date when the goods have been delivered, or discharged from the ship the learned trial Court failed to appreciate and consider in not holding that the suit was hopelessly barred by limitation under Rule 6 of Article 3 of the Schedul..Category: Civil Law | Date: | Hits: 87
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