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Dhaka Leather Complex Ltd. Vs. Sikder Construction Ltd. and another, 2009, 38 CLC (AD)

....or misconduct in conducting the proceedings and that when there is allegation of misconduct of the Umpire, the above findings of the trial Court has been arrived at without looking into the aforesaid relevant materials and thereby the trial court failed to apply its judicial mind and committed error......f-respondent submitted their statement before the Umpire as per direction of the Umpire. Besides that the Arbitrators of the respective parties also submitted their respective awards, documents and papers filed before them to the Umpire. 4. The Umpire having issued notices on the parties fixed ......resent: MM Ruhul Amin CJ Md. Abdul Aziz J BK Das J Md. Muzammel Hossain J Dhaka Leather Complex Ltd………………………………….Appellant Vs. Sikder Construction Ltd. and another………………….Respondents Judgment August 4, 2009. Cases Referred To- ....... The plaintiff-respondent submitted their statement before the Umpire as per direction of the Umpire. Besides that the Arbitrators of the respective parties also submitted their respective awards, documents and papers filed before them to the Umpire. 4. The Umpire having issued notices on the ..

Category: Alternative Dispute Resolution | Date: | Hits: 187

Abi Abdullah (Md.) and others Vs. Government of Bangladesh, 2005, 34 CLC (HCD)

....diluviated to river Meghna and remained under water up to 1992 and again re-appeared or reformed in situ in 1993- 94. 5. After re-appearance of the said lands in 1993-94 those were surveyed by the relevant Authority and a report was submitted stating that those lands are fit for cultivation. In t...... petitioners are concerned. In the result, the Rule is made absolute so far as it relates to the petitioners without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 250. ......s Case is also Reported in: 58 DLR (2006) 250. ...... petitioners are concerned. In the result, the Rule is made absolute so far as it relates to the petitioners without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 250. ..

Category: Property Law | Date: | Hits: 99

Abdur Razzaque Zoarder and others Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)

.... these two provisions of the Rules notes that a distinction is indeed, made under the Rules concerning the determination of seniority accruing on first appointment and that accruing on promotion, the relevant provisions of Rules 16 and 18 are reproduced below: "16. Seniority on first appointment......n light of the above, this Court finds substance in this Rule. In the result, the Rule is made absolute. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 245. ...... is also Reported in: 58 DLR (2006) 245. ......n light of the above, this Court finds substance in this Rule. In the result, the Rule is made absolute. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 245. ..

Category: Employment/Service Law | Date: | Hits: 79

Abdul Mannaf (Md.) Vs. Md. Sohrab Ali Akand & others, 2005, 34 CLC (HCD)

....how that the land is "Chandina" In SA Record, the pre-empted land stands recorded as "Nama" land. The deed under pre-emption dated 16-6-1997 shows that the class of the land is "Kanda" land and other relevant documents also show that the land is "Kanda." As such, the land in question cannot be "Chan......th the impugned judgment and order. Accordingly, the Rule is discharged without any order as to costs. Send down the LC Records at once. Ed. This Case is also Reported in: 58 DLR (2006) 242. ...... Division (Civil Revisional Jurisdiction) Present: Afzal Hossain Ahmed J Abdul Mannaf (Md.)…………………………………………………. Petitioner Vs. Md. Sohrab Ali Akand & others ……………………………………...Opposite Parties. Judgment July ......the land is "Chandina" In SA Record, the pre-empted land stands recorded as "Nama" land. The deed under pre-emption dated 16-6-1997 shows that the class of the land is "Kanda" land and other relevant documents also show that the land is "Kanda." As such, the land in question cannot be "Chandina" lan..

Category: Property Law | Date: | Hits: 91

Executive Engineer, Sylhet Public Works Department Vs. Md. Asob Ali, 2005, 34 CLC (HCD)

....o costs. The order of stay passed at the time of issuance of the Rule is hereby vacated. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 58 DLR (2006) 236. ......o costs. The order of stay passed at the time of issuance of the Rule is hereby vacated. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 58 DLR (2006) 236. ......�……………….Opposite Party. Judgment August 17, 2005. Case Referred to- 2 MLR (AD) 109. Lawyers Involved: Md. Azizul Haque, with Md. Jafor Ali. Assistant Attorney-General and Md. Iqbal Hossain, Assistant Attorney-General—For the Petitioner. AKM Mainuddin with Nurul ......tiff had prima facie case; (IV) Whether the plaintiff was entitled to the relief prayed for. In the trial, the plaintiff got two witnesses examined including the plaintiff himself and exhibited three documents and submitted some other documents through 'firisti' and, on the other hand, the defendant..

Category: Business or Commercial Law | Date: | Hits: 209

Rafique Ullah (Md) Vs. Badsha Alam and others, 2005, 34 CLC (HCD)

....e-emption is maintained. The order of stay earlier granted by this Court stands vacated. Send down the lower Court's records at once. Ed. This Case is also Reported in: 58 DLR (2006) 221. ......e-emption is maintained. The order of stay earlier granted by this Court stands vacated. Send down the lower Court's records at once. Ed. This Case is also Reported in: 58 DLR (2006) 221. ......High Court Division (Civil Revisional Jurisdiction) Present: Sheikh Abdul Awal J Rafique Ullah (Md)………………………………………………..Petitioner Vs. Badsha Alam and others..................................Opposite Parties. Judgment August 30, 2005. Cas......re-emptor-opposite parties examined 2 witnesses including pre-emptor opposite party No. 1, while pre-emptee-petitioner examined only 1 (one) witness namely, Abdul Malek and both the parties exhibited documents in support of their respective claim. On going through the evidence of PW 1, PW 2 and OPW ..

Category: Property Law | Date: | Hits: 67

AHM Khurshed Ali & others Vs. Md. Hashem Ali and others, 2006, 35 CLC (HCD)

....18 of 2004 dated 31-7-2005 in the case of Joysna Ara Amin and others Vs. Siidhangsliu Binial Dhar and others. Mr. Justice Syed Amirul Islam sitting with Mr. Justice Sheikh Abdul Awal, considering the relevant provisions of the Civil Courts Act, 1887 and the provisions of the Code of Civil Procedure,...... so advised. The reference is thus disposed of a copy of this judgment may be sent to the concerned Ministries. Ed. This Case is also Reported in: 58 DLR (2006) 211, 26 BLD (HCD) (2006) 114. ......onal Jurisdiction) Present: Hassan Ameen J Md. Awlad Ali J Bijan Kumar Das J AHM Khurshed Ali & others……………………………………Petitioners Vs. Md. Hashem Ali and others………………………………………Opposite Parties. Judgment February 8, ...... so advised. The reference is thus disposed of a copy of this judgment may be sent to the concerned Ministries. Ed. This Case is also Reported in: 58 DLR (2006) 211, 26 BLD (HCD) (2006) 114. ..

Category: Procedural Law | Date: | Hits: 90

Ziaul Hoque Chowdhury (Md.) Vs. State and another, 2005, 34 CLC (HCD)

....along with the first information report, the police report, the record of the case at this late stage is not necessary; the application for calling for the record is accordingly rejected. 2. Facts relevant for the disposal of the Rule are as follows: Petitioner lodged a first information repo...... am of the opinion that before incorporating accused Mofizur Rahman in the charge-sheet though the investigating officer found nothing against him, the learned Magistrate ought to have considered the papers on record". The questions, whether in the facts of the given case the learned Magistrate is j......High Court Division (Criminal Revisional Jurisdiction) Present: SK Sinha J Shamim Hasnain J Ziaul Hoque Chowdhury (Md.)…………………………………Petitioner Vs. State and another……………………………………………….Opposite Parties. Judgment A...... 265C empowers a Court to discharge an accused if it considers that there is no sufficient ground for proceeding against such accused. The Court is required to consider the record of the case and the documents submitted therewith and to record reason if it considers that there is no sufficient groun..

Category: Criminal Law | Date: | Hits: 49

HRC Shipping Ltd. Vs. MV X-Press Manaslu, MV X-Press Resolve & others, 2006, 35 CLC (HCD)

....sidiary. In the case of the Evpo Agnic reported in [1988] I WLR 1091 it was held on appeal by the owners of the vessel, thaton a claim for loss of or damage to the goods carried in a ship, where the "relevant person" (for the purpose of section 21(a)(b) of the Supreme CourtAct 1981) was the owner of...... The defendant No. 1 is directed to bear all expenses of the Marshal and his team in connection with the release of the vessel. Ed. This Case is also Reported in: 58 DLR (2006) 185; 12 MLR 265. ......�………………………..Plaintiff Vs. MV X-Press Manaslu, MV X-Press Resolve & others………Defendants. Judgment February 6, 2006. Result: The vessels MV X-Press Manaslu and MV X-Press Resolve forthwith be released from arrest. Words and phrases Act of God A ......s and hence the admiralty jurisdiction of this Court cannot be invoked by an action in rem against the two vessels. Mr. Hafizullah refers to Article 19 of the Memorandum of Agreement on page 6 of the documents filed on 18-12-2005 by the plaintiff. He submits that Article 19 of the Agreement, which r..

Category: Admiralty Law or Maritime Law | Date: | Hits: 314

Government of Bangladesh represented by the DC, Comilla Vs. Md. Eakub and others, 2004, 33 CLC (HCD)

....prescribed day, taking possession and control of such property by the Deputy Commissioner in 1977 cannot be said to be illegal and invalid. 42. The learned Subordinate Judge, therefore, missed the relevant law and fell in serious error in rejecting the defence case that schedule-1(kha) property b......rasanta Kumar Das as an Assistant Secretary of said ministry and filed by an Assistant Attorney- General. She filed the affidavit without any authority from said ministry. In the affidavit, number of papers was annexed. The deponent claimed that the Deputy Commissioner, Comilla took over possession ...... (Civil Appellate Jurisdiction) Present: Md. Abdur Rashid J Siddiqur Rahman Miah J Government of Bangladesh represented by the DC, Comilla………………Appellant Vs. Md. Eakub and others.................................................................Respondents. Judgment ......Industries is now obliged to return the money received in respect of schedule-1 (kha) property to the plaintiff. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 176. ..

Category: Property Law | Date: | Hits: 159

Mainul Hosein and others Vs. Anwar Hossain and others, 2003, 32 CLC (HCD)

....he pendency of the Rule the impugned order was withdrawn. In this circumstance it was held relying on the case of Dr. Nurul Islam Vs. Bangladesh, 33 DLR (AD) 201 that the Rule became infructuous. The relevant portion of the judgment in 33 DLR (AD) 201 delivered by K. Hossain CJ is as under: "......as formed in pursuance of this Constitutional provision. The District Administration Act, 1975 was enacted on the 10th July, 1975 for the administration of districts along totalitarian lines. All newspapers and periodicals, except a designated few lost their declaration by the newspapers (Amendment ......Reported in: 58 DLR (2006) 117. ......ppeal from the judgment and order passed by me and, in the meantime, the parties are directed to maintain status quo in all respects. Ed. This Case is also Reported in: 58 DLR (2006) 117. ..

Category: Information Technology Law | Date: | Hits: 324

Moulana Md. Abdul Kader Azadi Vs. Government of Bangladesh and other, 2005, 34 CLC (HCD)

....t of that notice to the District Registrar. The petitioner, however, failed to submit any satisfactory reply. The licence of Nikah Registrar of the petitioner was revoked after complying with all the relevant provisions of law. 4. On receipt of the affidavit-in-opposition. The petitioner filed a ......ce with law. Therefore, we do not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 114. ......riginal Jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J Moulana Md. Abdul Kader Azadi……………………………..Petitioner Vs. Government of Bangladesh and others………………………..Respondents. Judgment April 19, 2005. Lawyers Involv......ce with law. Therefore, we do not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 114. ..

Category: Employment/Service Law | Date: | Hits: 81

Jahangir Hossain Howlader (Md.) Vs. CMM, Dhaka and others, 2004, 33 CLC (HCD)

.... Code and under section 5(2) of the Prevention of Corruption Act. The Supreme Court of India, in the case referred to above, held as follows: "In the backdrop of the interpretation of the various relevant provisions of the Code under Chapter XIV and of the principles of law enunciated by this Co......of the ICD boundary in connivance with the petitioner and others. The Anti-Corruption officials had found alleged involvement of the petitioner having considered circumstantial perspective along with papers, and subsequently, lodged first information report with the concerned Police Station. For the......(Special Original Jurisdiction) Present: Syed Mahmud Hossain J Syed Refaat Ahmed J Jahangir Hossain Howlader (Md.) …………………………………..Petitioner Vs. CMM, Dhaka and others...........................................Respondents. Judgment October 30, 2004. ......r as it relates to the petitioner. He further submits that at any rate, the consignment was in the custody of the port authority, and that its employees released the consignment without the requisite documents from Customs authority, particularly without any authority from the petitioner; and so, th..

Category: Criminal Law | Date: | Hits: 158

Abdul Mannan alias Mona Miah Vs. State, 2002, 31 CLC (HCD)

....se of the prosecution and this statement is not supported by any other evidence as we have already held that no other witnesses stated about the presence of the condemned-prisoner in the house at the relevant time not to speak of his involvement or overt act. Reference may be made of the case of Sta...... of Additional Sessions Judge, and Nari-o Shishu Nirjatan Daman Bishesh Adalat No. 2, Noakhali for necessary action in accordance with law. Ed. This Case is also Reported in: 58 DLR (2006) 91. ...... State Vs. Abul Kalam, 5 BLC 230; State Vs. Eunnus Kha, 5 BLC 253; the State represented by the Solicitor to the Government of the People's Republic of Bangladesh Vs. Md. Shafikul Islam alias Rafique and another, 43 DLR (AD) 92; State Vs. Mofazzal Hossain Pramanik, page 64A. Lawyers Involved: ...... of Additional Sessions Judge, and Nari-o Shishu Nirjatan Daman Bishesh Adalat No. 2, Noakhali for necessary action in accordance with law. Ed. This Case is also Reported in: 58 DLR (2006) 91. ..

Category: Criminal Law | Date: | Hits: 96

Government of Bangladesh Vs. Helal Jute Press Ltd. and others, 2009, 38 CLC (AD)

....ntenance of the godowns within 10 months be set aside. There shall be no order as to cost. Ed. This Case is also Reported in: 8 LG (AD) (2011) 70, VIII ADC (2011) 376, 31 BLD (AD) (2011) 86. ......ntenance of the godowns within 10 months be set aside. There shall be no order as to cost. Ed. This Case is also Reported in: 8 LG (AD) (2011) 70, VIII ADC (2011) 376, 31 BLD (AD) (2011) 86. ...... Government of Bangladesh represented by Secretary, Ministry of Jute, Secretariat Building, Dhaka..........................................................Appellant Vs. Helal Jute Press Ltd. and others……………..........Respondents Judgment July 21, 2009. Cases Referred To- ......titioners claimed enhanced rate of Tk.8/- per square feet and hereupon the writ-respondent No.1 by the letter dated 24-02-1985 requested the writ-petitioners to substantiate their claim by furnishing documents showing actual payment made on different heads but the writ-petitioners did not burnish an..

Category: Property Law | Date: | Hits: 128

Md. Bazlur Rashid Vs. Bangladesh, 2008, 37 CLC (AD)

....ecision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 8 LG (AD) (2011) 53. ......urt Division, after hearing, discharged the Rule. 4. We have heard the learned counsel for the petitioner and perused the impugned judgment and order of the High court Division and other connected papers. 5. As it appears that the High Court Division discharged the Rule holding that as held in......lam J Md. Joynul Abedin J Md. Abdul Matin J Md. Bazlur Rashid ………………………............Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, Bangladesh Secretariat, Dhaka & others .......................Respond......ecision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 8 LG (AD) (2011) 53. ..

Category: Civil Law | Date: | Hits: 105

Jahangir Alam (Md.) and another Vs. Md. Shamsur Rahman Sarder & others, 2010, 39 CLC (AD)

....e us the decision of the civil Court was given in that civil suit (Title Suit No.371 of 1991) which the predecessor-in-interest of the present petitioner (sic) (respondent) was defendant No.1 and the relevant Ministry and the concerned officers were also defendant Nos. 2-4. As the question whether t...... Appeal No. 271 of 2003 is disposed of in the terms of the judgment in C.A. No. 270 of 2003. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 22, 8LG (AD) (2011) 65, 31 BLD (AD) (2011) 52. ......1) 22, 8LG (AD) (2011) 65, 31 BLD (AD) (2011) 52. ...... Appeal No. 271 of 2003 is disposed of in the terms of the judgment in C.A. No. 270 of 2003. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 22, 8LG (AD) (2011) 65, 31 BLD (AD) (2011) 52. ..

Category: Property Law | Date: | Hits: 71

Chairman, Chittagong Water Supply & Sewerage Authority (CWASA) and others Vs. EPI-BFEW Consortium & others, 2010, 39 CLC (AD)

....BFEW consortium and applied for the prequalification. It was the requirement of CWASA that a local company having formed JVCA with a foreign company with requisite experience and qualification in the relevant filed will qualify for this tender. Thereafter the writ-petitioner consortium was pre-quali......ts. The impugned judgment and order passed by the High Court Division making the Rules absolute are set aside. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 9, VIII ADC (2011) 146. ......on (Civil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J Bijan Kumar Das J MM Hossain J SK Sinha J Chairman, Chittagong Water Supply & Sewerage Authority (CWASA) and others ...................................Appellants Vs. EPI-BFEW Consortium & others......The procuring entity reserves its right to reject the tender of the EPI-3FEW who quoted a high price exceeding the total estimate cost as per Section 50.1 and other terms and conditions of the tender documents of part 1 of 3. 9. The decision and recommendation of the Review Panel are as under, ..

Category: Others | Date: | Hits: 164

Yusuf Mia Vs. State, 2011, 40 CLC (HCD)

....ncel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......ncel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ...... evening, hence the case. 3. During investigation one accused Md. Jahangir Islam after being arrested made a confessional statement under section 164 of the Code of Criminal Procedure on 9.10.2002 and disclosed the name of the petitioner. Thereafter the police submitted a charge sheet on 13.3.04 ......he petitioner. 6. The learned Assistant Attorney General appearing for the opposite party opposes the prayer for bail. 7. Heard the learned advocate of both the sides and perused the FIR, other documents annexed to the application for bail and the impugned order. 8. On perusal of the impugn..

Category: Criminal Law | Date: | Hits: 50

Md. Abdul Gafur and others Vs. State, 2011, 40 CLC (HCD)

.... to cancel the bail, if the accused petitioners misuse in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ...... to cancel the bail, if the accused petitioners misuse in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......e. Ed. This Case is also Reported in: ......ioner Nos.2-7. 4. The learned Assistant Attorney General appearing for the opposite party opposes the prayer for bail. 5. Heard the learned advocate of both the sides and perused the FIR, other documents annexed to the supplementary affidavit and the impugned order. 6. On perusal of the fac..

Category: Criminal Law | Date: | Hits: 49

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