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Bangladesh Telegraph and Telephone Board Vs. Lithi Enterprise Ltd, 1994, 23 CLC (HCD)

....sion Bench that an award can be set aside on the ground of an error of law as being judicial misconduct if the error appears on the face of the award. It is a well settled principle of law and is not disputed by the learned Advocate for the respondent. Mr. Akhtar Imam has further referred to the cas..

Category: Arbitration Law | Date: 17 Jan, 1994 | Hits: 4

SM Wadud Vs. Principal Secretary, Presi¬dent Secretariat and others, 1994, 23 CLC (HCD)

.... with the withdrawal of the Martial Law on 10.11.86 by a proclamation and in that view of the matter there remained no competent authority to review the order of retirement of the petitioner. It is undisputed that the petitioner while holding the post of Sub-Divisional Adjutant of Ansars and VDP was..

Category: Administrative Law | Date: 16 Jan, 1994 | Hits: 1

Alhaj Mohammad Rahim¬uddin Bharsha Vs. Bangladesh represented by the Secretary to the Ministry of Works and another, 1994, 23 CLC (HCD)

.... and was in possession thereon; that while in such title and possession the said Abu Zahid Md. Omar entered into an agreement with the petitioner to sell the said house hereinafter referred to as die disputed property to him and obtained necessary permission from the respondent No.2 on 11.3.85 (Anne..

Category: Property Law | Date: 12 Jan, 1994 | Hits: 3

Sadeque Uddin Ahmed & others Vs. Rajdhani Unnayan Kartripakhya (formerly Dhaka Improvement Trust) and others, 1993, 22 CLC (HCD)

.... Dhaka for residential purpose and the same has never been released or derequisitioned. The claim of the petitioners that they are the successors‑in‑ interest of the original owners has also been disputed. 8. Besides the application and the affidavit-­in‑opposition filed on behalf of ..

Category: Constitutional Law, Property Law | Date: 22 Nov, 1993 | Hits: 2

A Quyyum and another Vs. Uttara Bank Limited and Others, 1993, 22 CLC (HCD)

.... upon an application for winding up of the Bank, the Dhaka High Court made an Order on 26.5.50 winding up the Bank; and it was held therein that at the date of institution of the suit on 31.12.56 the disputed account was no longer a mutual open and current account, the same having been closed long a..

Category: Limitation Law | Date: 25 Jul, 1993 | Hits: 3

Nurunnahar Khatun Vs. State, 1993, 22 CLC (HCD)

....ourt's order it will be unlawful and illegal. 9. Her further case is that her assertions that she has embraced Islam and changed her name and married Abdul Khaleque voluntarily have not been disputed by the opposite party under oath. The Medical Examination report was neither challenged nor..

Category: Criminal Law | Date: 14 Jul, 1993 | Hits: 3

Professor Ghulam Azam Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and others.1993, 22 CLC (HCD)

....vocate appearing for the detenu-petitioner, has taken us through the writ petition and the connected annexures and submitted that even if the detenu-petitioner is not a citizen of Bangladesh which is disputed, he is not at least a foreigner as he has not been adjudged as a citizen of any other count..

Category: Constitutional Law | Date: 14 Jul, 1993 | Hits: 7

Abul Khayer and 3 others Vs. State, 1993, 22 CLC (HCD)

....ions reported in 36 DLR 185 (Safar Ali Vs. State) and 41 DLR 66 (Angur Vs. State). Mr. Mamun, the learned AAG, on the other hand, submits that the principles as settled in the above decisions are not disputed, but it has to be seen whether the same are applicable in the facts and circumstances of th..

Category: Evidence Law, Procedural Law | Date: 8 Jul, 1993 | Hits: 10

Amela Khatoon and others Vs. Chairman, Court of Settle¬ment and another, 1993 CLC (HCD)

.... 6. It appears from the impugned judgment that the Court of Settlement disbelieved the P.W.s. and dismissed the case holding, "Homaira's whereabouts was not known and was not staying in the disputed house while transfer was being being made and the property came within the mischief of Arti..

Category: Abandoned Properties Law | Date: 24 Jun, 1993 | Hits: 14

Mir Mohammad Ali Vs. State, 1993, 22 CLC (HCD)

.... come to a finding that the assessment made by tile Courts below has been erroneous. We are afraid that this is not the scope of section 561 A of the Code of Criminal Procedure. 8. Now it is not disputed that the appeal from the judgment and order dated 19.8.91 passed in the Special Tribunal Ca..

Category: Criminal Law | Date: 11 May, 1993 | Hits: 1

Bangladesh Retired Government Employees Welfare Association, represented by its President Kafiluddin Mahmood and others Vs. Bangladesh, represented by the Secretary to the Ministry of Finance, Finance Division, Government of Bangladesh and another, 1993, 22 CLC (HCD)

....rs are not as specifically vested in the High Court Division by our Constitution as in the Supreme Court of Pakistan by the Pakistan Constitution, the learned Additional Attorney­ General has not disputed that the petitioner No.1 Is an association for looking after the welfare of the retired gov..

Category: Administrative Law, Constitutional Law | Date: 1 Mar, 1993 | Hits: 1

Ayesha Khanam and others Vs. Major Sabbir Ahmed and others, 1992, 21 CLC (HCD)

....he learned Advocate appearing for the respondent husband, submitted that under the personal law of the parties the child is to be in the custody of the mother till he is seven years of age. It is not disputed, yet the father of the child should not be denied access to the son, he being the father an..

Category: Family Law | Date: 13 Dec, 1992 | Hits: 4

Kazi Giasuddin and another Vs. First Labour Court, Dhaka & another, 1992, 21 CLC (HCD)

....fixed by the Government as well as the wages fixed by agreement between the collective bargaining agent and the management. 22. In these writ petitions all facts are admitted. 23. It is not disputed that the respondent No. 2 in all the writ petitions were workers under the petitioners in t..

Category: Labour and Industrial Law | Date: 6 Dec, 1992 | Hits: 3

Soleman (Md.) Vs. Ahbarek Khalifa and others, 1992, 21 CLC (HCD)

....n which Party was in Possession of the Disputed Property— In a proceeding under Section 145 Cr.P.C. it is for the Magistrate to decide upon taking evidence which party was in possession of the disputed property at the time of making the initial order. If the finding of the Magistrate as to po..

Category: Criminal Law, Procedural Law | Date: 2 Dec, 1992 | Hits: 1

Shamsun Nahar Awal Vs. Board of Intermediate and Secondary Education, and others, 1992, 21 CLC (HCD)

....ed as permanent Head Mistress of the school although she has produced the Annexure‑H showing her appointment as permanent Head Mistress of the School by the Special Managing Committee. It cannot be disputed that the previous Head Mistress Mrs. Shamsun NaharAwal was never dismissed by the Board. Th..

Category: Administrative Law | Date: 27 Aug, 1992 | Hits: 1

Abul Hossain and others Vs. State, 1992, 21 CLC (HCD)

....the prosecution is not bound to produce all the witnesses cited in the charge sheet and that even On the basis of the evidence of a single witness, conviction can be maintained. The contention is not disputed, but in the facts and circumstances of the present case, when not a single witness of such ..

Category: Criminal Law | Date: 23 Aug, 1992 | Hits: 6

AKM Faruque Vs. Bangladesh, represented by the Secretary Ministry of Works and others, 1992, 21 CLC (HCD)

....pared for the Mirpur Housing Estate in the year 1967 had many a time been altered and rectified with the approval of the proper authority. In ft instant case as per approved plan of the authority the disputed land in question which is the vacant land in between blocks E & F as in the original ma..

Category: Constitutional Law, Property Law | Date: 7 Jul, 1992 | Hits: 3

Narayanganj Pourashava, represented by its Administrator, Narayanganj; Chairman, Narayanganj Paurashava and others vs. Abdur Razzak, 1992, 21 CLC (HCD)

....ng not been in relation to the property of the Paurashava, the action could not be held to have been in discharge of any official act and as such no notice was at all necessary. 8. It is not now disputed that SA plot No. 15 10 in suit corresponds to southern portion of CS plot No. 298. This 0.0..

Category: Administrative Law | Date: 23 Jun, 1992 | Hits: 1

Aftabuddin Ahmed Vs. Government of Bangladesh, represented by the Secretary, Ministry of Commerce, Special, Property Cell and others, 1992, 21 CLC (HCD)

....n the aforesaid Writ Petition No. 14 of 1979 (Annexure E). 7. The petitioner had shown cause by filing a petition of objection on 12.10.61 to the Deputy Commissioner, Sylhet. He pleaded that the disputed land in plot No. 6436 of Mouza Sylhet Municipality was a fallow land and not connected with..

Category: Property Law | Date: 22 Apr, 1992 | Hits: 4

Younus Chokdar Vs. Election Commission and others, 1992, 21 CLC (HCD)

....The civil Court’s jurisdiction has been impliedly excluded. The election of a candidate cannot be challenged under Article 102 of the Constitution as in the summary proceeding under Article 102 disputed questions of fact cannot be settled. It is also well settled that a right to seek election ..

Category: Administrative Law, Election Law | Date: 27 Feb, 1992 | Hits: 2