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....gh the law requires the arbitration proceeding to be conducted in accordance with the agreement of the parties, there was a clear deviation from the agreement, inasmuch as, the 3rd Arbitrator as totally excluded from the deliberation process before making and signing the Award. In doing so, acc......e.
Accordingly, the Award dated 8-4-2006 is hereby set aside.
There will be no order as to costs.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 20; 14 MLR (HCD) (2009) 441.
......, the merit of the case.
6. Mr. Ajmalul Hossain, the learned Advocate appearing for the petitioner, submits at the outset that he will not press ground numbers I, II, III, IV and V which relate to jurisdiction of the Tribunal, but would rely on the other grounds, particularly ground numbers VI, V..
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. ......or went abroad. On the basis of an application of the Public Prosecutor stating that the doctor went abroad the post mortem report was admitted as evidence which is illegal. (Vide 1985 BLD 302) In absence of legal evidence it was not proved that the doctor went abroad. So the post mortem report ...... 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. ..Category: Criminal Law | Date: | Hits: 67
Aroj Ali Sarder Vs. State, 1989, 18 CLC (HCD)
.... accused acquitted. The fine already paid by the accused petitioners need be refunded to them. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 306.......een committed. If he does not find so in ordering investigation then it would again be an illegality. In matters like this separate orders for investigation must be passed in each case and in the absence of such order further proceeding, if any, would be without jurisdiction. The Court can, ......hout previous permission from a competent Magistrate under section 155 (2) Cr.P.C. to investigate, the proceeding, or cognizance taken on the basis of the said police report, is illegal and without jurisdiction. 26. It is not disputed that in the instant case, an offence punishable under sectio..Category: Criminal Law | Date: | Hits: 76
Nur Mohammed alias Bog Master Vs. State, 1988, 17 CLC (HCD)
....gainst the weight of evidence throwing the burden of proof entirely on the defence holding that the talk of amicable settlement between the parties became corroborative proof of alleged occurrence in total ignorance of the established principle of Criminal jurisprudence. The learned appellate Cour...... was lodged two days after on 7.5.82 and the explanation furnished for the delay being not at all cogent and reasonable, is unacceptable. The delay was said to have been caused due to the temporary absence of the father of the complainant from the house on the day of alleged occurrence but curious......fered at this revisional stage. By way of controversion this argument of the learned Deputy Attorney-General the learned Advocate for the petitioner submits that the High Court even in its revisional jurisdiction has very wide power and is not prevented from examining the evidence to arrive at its o..Category: Criminal Law | Date: | Hits: 92
Engineer A. B. Siddique Vs. Kazi Akramuddin and others, 2011, 40 CLC (AD)
....policy writ-respondent No.4 issued Memo No.shakha-9/1, L-22/2000/692 dated 4.12.2004 cancelling the allotment of the writ-petitioner. Only 25% of the value was deposited by the writ-petitioner out of total amount of value of the land. But because of the pendency of Other Appeal No.311 of 1991 before......paration of paper book is dispensed with as prayed for. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 279.......he could not complain of any grievance and as such the writ petition was not maintainable; moreover, the case bristles with disputed and complicated questions of fact, which cannot be decided in writ jurisdiction. He further submits that the High Court Division erred in law in not holding that the w..Category: Property Law | Date: | Hits: 79
....olation of the principle of natural justice before the Administrative Tribunal.
The applications therefore are summarily rejected.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 231.
......olation of the principle of natural justice before the Administrative Tribunal.
The applications therefore are summarily rejected.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 231.
......n or by any other law in respect of the matters relating to the order arising of sub-clause (a), but such tribunal cannot like the Indian Administrative Tribunals, in exercise of a more comprehensive jurisdiction under Article 323A, strike down any law or rule on the ground of its Constitutionality...
Category: Employment/Service Law | Date: | Hits: 91
Khairul Bashar (Md.) and 8 others Vs. Collector of Customs and others, 1997, 26 CLC (HCD)
....ty to encash the bank guarantee in full in respect of the discharged Rules and in part in respect of the Rules made absolute in part. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 225. ......ty to encash the bank guarantee in full in respect of the discharged Rules and in part in respect of the Rules made absolute in part. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 225. ......ty to encash the bank guarantee in full in respect of the discharged Rules and in part in respect of the Rules made absolute in part. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 225. ..Category: Fiscal/Taxation Law | Date: | Hits: 134
Kamal Miah (Md.) alias Nasim Vs. State and another, 1998, 27 CLC (HCD)
....inion that the delay in this case in filing the revisional application may be condoned. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 224. ......inion that the delay in this case in filing the revisional application may be condoned. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 224. ......inion that the delay in this case in filing the revisional application may be condoned. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 224. ..Category: Criminal Law | Date: | Hits: 63
Sentu Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....ction 30 of the Special Powers Act which the High Court Division failed to do in the instant case. The High Court Division was swayed by the facts and circumstances of the other writ petition and was totally unmindful of the facts of the present case and did not at all consider that the appellant ha......s having wide circulation, direct such person to appear before it within such period as may be specified in the order, and if such person fails to comply with such direction, he shall be tried in his absence.” 8. He submits that this is a mandatory provision of law to be complied with strictly ......ed with strictly by the trial Court when the accused persons are absconding and non-compliance of it in the instant case vitiated the whole trial and liable to be declared to have been passed without jurisdiction and of no legal effect. He referred to the order sheet Annexure-E from where he shows t..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. ......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. ......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. ..Category: Employment/Service Law | Date: | Hits: 120
Raquibuddin Ahmed Vs. SAM Iqbal and another, 1997, 26 CLC (HCD)
....cation for contempt of Court and this Court on such application issued the contempt Rule on 5-5-94 upon the two contemner-opposite parties. It is stated that Contemner-opposite party No.1 was showing total disrespect to the judgment of the highest Court of the country as well as the repeated directi......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.......desh Shipping Corporation were defendants. Ultimately, the petitioner obtained a decree on 22-6-89 in the aforesaid suit with a declaration that the termination of his service was illegal and without jurisdiction and he should be re-instead to his former service as Secretary of the BSC with all fina..Category: Others | Date: | Hits: 142
Kafiluddin (Md.) Vs. Sukkur Ali Mia, 1996, 25 CLC (HCD)
.... do not find any ground to interfere with the impugned order. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 208. ...... do not find any ground to interfere with the impugned order. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 208. ......f the document of sale. Although in this case the decree is silent about delivery of possession but possession in the present suit being incidental to the document of sale the executing Court has all jurisdiction to execute the decree by giving possession to the decree holder. As the matter is settl..Category: Civil Law | Date: | Hits: 86
....e was Director General (Officer on Special Duty) in the Ministry of Foreign Affairs, Government of Bangladesh.
9. Dr. Rafiqur Rahman challenges this order of detention on the ground that there was total non-application of mind of the detaining authority and, as such, the detention of the detenu i......release the detenu forthwith if not wanted in connection with any other case.
Let an advance order of release be issued immediately.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 201.......f detention and also on the ground that the grounds of detention served upon the detenu are absolutely vague, indefinite and unspecified, the detention of the detenu is absolutely illegal and without jurisdiction and the same is liable to be declared void.
20. In the result, this Rule is made abs..
Category: Criminal Law | Date: | Hits: 76
Bashir Kha Vs. State, 1998, 27 CLC (HCD)
....rial Court was upheld. Being aggrieved, the convict-appellant preferred the present application under section 439 of the Code of Criminal Procedure. In the grounds it is stated that charge framed was totally defective and the accused was highly prejudiced. It is also stated that there are no ingredi......et aside. The petitioner is acquitted of the charge and also discharged from his bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 199.......et aside. The petitioner is acquitted of the charge and also discharged from his bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 199...Category: Criminal Law | Date: | Hits: 58
....d by the Authorised Officer in CR Case No.5 of 1990 is declared to have been made without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 195.
......te power. If the Court, the Tribunal or the body performing function(s) of judicial or quasi-judicial nature exercises power of revision or, review or in other words revise or review its order in the absence of being not vested with the same it acts without jurisdiction or, in other words, in a mann......king review of its earlier order dated 23-3-1991 dismissing the appeal which was filed against the order of the Authorised Officer passed under section 4(1) of the Ordinance is bad in law and without jurisdiction.
8. Provisions of section 3 of the Ordinance as to serving of notice for vacating l..
Category: Property Law | Date: | Hits: 103
....on case fails and the Rule is discharged without any order as to costs.
Send down the LC records, at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 55; 50 DLR (HCD) (1998) 193.
......on case fails and the Rule is discharged without any order as to costs.
Send down the LC records, at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 55; 50 DLR (HCD) (1998) 193.
......on case fails and the Rule is discharged without any order as to costs.
Send down the LC records, at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 55; 50 DLR (HCD) (1998) 193.
..
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....... Code, when a Sessions Judge is incapable of acting or is absent, he may make provisions for disposal of urgent applications by an Additional Sessions Judge or an Assistant Sessions Judge or in their absence by the District Magistrate. Admission of appeal or revision do not fall in the category of u......ngh 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 by the Sessions Judge-in-Charge was without jurisdiction and, as such, the appeal liable to be sent back to the Sessions Judge, Satkhira for dis..Category: Procedural Law | Date: | Hits: 69
....solutely unnecessary for the plaintiff to call for the records of the said VP case for proving the genuineness of Exts. 4 and 5. The objection of the learned Court of appeal below on Exts. 4 and 5 is totally unwarranted in the facts and circumstances of the case. It is apparent that the learned Cour......us of proof.
11. It is evident that the instant Vested Property case was started as late as in 1975 and before that time there was no occasion to treat the suit property as vested property. In the absence of any legal foundation whatsoever to treat the suit property as a vested property the whole......e Court of Munsif, Savar in Dhaka is hereby decreed. There shall be no order as to costs.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 186...
Category: Property Law | Date: | Hits: 111
Khodeja Begum & others Vs. Md. Sadeq Sarkar, 1994, 23 CLC (HCD)
....as Exhibit 3. 16. The similar is the case of the divorce notice allegedly sent by the defendant No.1 on 25-3-1981, the Exhibit 4 and same also was not proved by the plaintiff. Thus, in view of the total denial of marriage by the defendant with the plaintiff and plaintiffs failure to prove, Exhibi......stitution of conjugal rights at present and in future filing of such suits. Let the records of this case be sent down immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 181. ......stitution of conjugal rights at present and in future filing of such suits. Let the records of this case be sent down immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 181. ..Category: Family Law | Date: | Hits: 185
Saleha Begum Vs. Kamal Hossain, 1997, 26 CLC (HCD)
....ll be entitled to recover the same in accordance with law. In the facts and circumstances of the case there is no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 180.......ll be entitled to recover the same in accordance with law. In the facts and circumstances of the case there is no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 180.......ll be entitled to recover the same in accordance with law. In the facts and circumstances of the case there is no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 180...Category: Family Law | Date: | Hits: 152
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