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Kibria and Associates Ltd. Vs. Bangladesh Agricultural Development Corporation, 1992, 21 CLC (HCD)
....4 in favour of the appellant. The learned Subordinate Judge, however, held that the award of interest on principal amount at the rate of 16% from July 1, 1984 till the date of realisation thereof was erroneous and struck off the award of interest and made the award Rule of the Court with modificatio......le of the Court with modification and held that the appellant was entitled to recover Tk. 20,40,712.06 from the respondent. 7. Dr. Kamal Hossain contends first, that if the Court takes a different view from the Arbitrator, the Court has no power to rectify the award unless the award is bad on the..Category: Alternative Dispute Resolution | Date: | Hits: 156
....defendants under Order VII, rule 11 of the Code of Civil Procedure is allowed.
The plaint of title Suit No.12 of 2002 is hereby rejected.
Ed.
This Case is also Reported in: 57 DLR (2005) 34.
......ng that civil Court has jurisdiction to see as to whether show cause notice was issued in accordance with law.
3. Mr. Nurul Amin, learned Advocate appearing with Mr. Dewan Mukhdum, submits that in view of the clear bar imposed by section 45 of the Fast Pakistan Ordinance XXXIII of 1961 the Civil ..
Category: Employment/Service Law | Date: | Hits: 66
....unity to cross-examine the evidence on which the detaining authorities rely. He may not be able to adduce evidence before the Advisory Board to rebut the allegations against him. It would be entirely erroneous and wholly unsafe to treat the opinion expressed by the Advisory Board having regard to th...... are of serious nature the detaining authority may consider them and, despite the pendency of a criminal case, can make an order of detention if it is satisfied that the detenu is to be prevented, in view of his background, from indulging in prejudicial activities. Even after his acquittal in a crim..
Category: Criminal Law | Date: | Hits: 64
AKM Haroon‑or‑Rashid & another Vs. AKM Mostafa Kamaluddin and others, 2001, 30 CLC (HCD)
....e of receipt of the judgment. Let a copy of the judgment be communicated to the learned Assistant Judge concerned immediately. Ed. This Case is also Reported in: 57 DLR (2005) 29. ...... filed written objection against the second application for rejection of plaint. 9. The teamed Assistant Judge on 11‑8‑1999 rejected the second application for rejection of plaint, holding the view that similar application had been rejected earlier. 10. The defendant petitioner filed an ap..Category: Civil Law | Date: | Hits: 68
Wahiduzzaman (Md.) Vs. Government of Bangladesh & others, 2003, 32 CLC (HCD)
.... are liable to be discharged. In the result, the Rules are discharged without any order as to cost. The stay granted earlier is vacated. Ed. This Case is also Reported in: 57 DLR (2005) 26. ......d not contain any provision for classification of cases. Under such circumstances the Court held that the amended Act conferred discretion of a very wide character upon the authorities. We are of the view that the fact and circumstances of this cited cases are totally different from the facts and ci..Category: Civil Law | Date: | Hits: 79
Emdadul Hoque Vs. State, 2004, 33 CLC (HCD)
....n. Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 21. ......ally disbelieved the expert's opinion the doctor who opined that the cause of death of the deceased was suicidal in nature and not homicidal inasmuch as the learned trial Court imported some personal views having no medical basis at all. He then submits that the teamed trial Court failed to consider..Category: Criminal Law | Date: | Hits: 76
Abdur Rahman Dhali and others Vs. State, 2004, 33 CLC (HCD)
....rt of Divisional Special Judge, Barisal at once directing to ensure the trial of the accused Mollah Kamruzzaman at the earliest opportunity. Ed. This Case is also Reported in: 57 DLR (2005) 17. ......eading to their prosecution in order to prevent abuse of the process of the court or otherwise to secure the ends of justice in the statutory language of section 561A of the Code. 13. Keeping this view in mind, we have perused the first information report, charge-sheet dated 10‑9‑1994 and als..Category: Criminal Law | Date: | Hits: 85
Fazlur Rahman (Md) Vs. Md. Abdul Hamid, Advocate and others, 2002, 31 CLC (HCD)
.... taken in this writ petition. So, the Rule is liable to be discharged. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 448.......itution. 8. Before we give our decision on the question raised, we like to dispose of a preliminary objection raised on behalf of the respondent No. 3 that the writ petition is not maintainable in view of the provisions of sub-rule (3) of Rule 178 of the Rules of Procedure. Mr. Shafique Ahmed has..Category: Constitutional Law | Date: | Hits: 242
....2002, 832 of 2003, 728 of 2003, 2014 of 2003 and 2562 of 2003, therefore, have no substance and are discharged without any order as to costs.
Ed.
This Case is also Reported in: 56 DLR (2004) 444.......her cases not more than one Union.
13. The aforesaid Rules therefore clearly lay down a criteria according to which a Nikah Registrar may be given jurisdiction of area to perform his functions. In view of the aforesaid rule, it cannot be said that Government has unfettered power to appoint someon..
Category: Civil Law | Date: | Hits: 70
Abdus Salam (Md) Vs. University of Rajshahi & others, 2004, 33 CLC (HCD)
....erty to proceed against the petitioner in accordance with law. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 441. ...... taken in the meeting No. 365, decided that the charges of illegality, corruption and forgery contained in the notice to show cause to the petitioner, were proved beyond reasonable doubt and, in that view of the matter and according to the provisions of section 55(3) of the Rajshahi University Act, ..Category: Employment/Service Law | Date: | Hits: 60
Padma Oil Co. Ltd. Vs. Registrar of Trade Unions & another, 2003, 32 CLC (HCD)
....he prayer of the petitioner for cancellation of registration of respondent No.2 Trade Union (respondent No. B‑48) in accordance with law. Ed. This Case is also Reported in: 56 DLR (2004) 438. ......ated and dismissed from service on 10‑7‑97 and 29‑4‑98. This fact was brought to the notice of respondent No.1 by the petitioner Company before the CBA election but the respondent No.1 took a view which was not in accordance with law. The petitioner challenged the declaration of respondent N..Category: Labour and Industrial Law | Date: | Hits: 158
Rajab Ali Zulfiqar Vs. State, 1993, 22 CLC (HCD)
....o surrender to his bail bond and serve out the remaining sentence at once. Let the, records of the, case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 705. ......risdiction and consequently the impugned judgment and order of conviction and sentence are wholly bad, illegal and void ab initio. The learned AAG for the State, on the other hand, submits that in view of section 5 of the Criminal Law Amendment Act 1958 the alleged offences under section 409 PC a..Category: Criminal Law | Date: | Hits: 92
Afzal Hossain Vs. Chief Election Commissioner and others, 1992, 21 CLC (HCD)
.... act for the same avowed purpose of free and fair election. We find no illegality in the order and hence the petition is rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 701. ...... Election Commission to act for the avowed purpose of pushing forward a free and fair election with expedition and the order of the commission was upheld. 16. We are in complete agreement with the view as above which is in accord with the view taken by us herein before. In the instant case the El..Category: Election Law | Date: | Hits: 153
Air Marshal Jamaluddin Ahmed (Retd) Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....he Deputy Controller General, Defence, Finance, contained in the Memo No. সি জিডি এফ/এটি/দিবা/চার্জ শীট/৩৪৫/৯৬ dated 7‑5‑2003, was based on erroneous legal position. 56. As such, we are of the view that the petitioner is entitled to his ......din Ahmed, J (as his Lordship then was), on the question of maintainability of the writ petition, held at para 5: "5. It thus appears that orders of Army Authorities are not immune from judicial review under Article 102 of the Constitution, but the only exception is an order of a court or tribuna..Category: Employment/Service Law | Date: | Hits: 148
State Vs. Abdul Hatem, 2003, 32 CLC (HCD)
....Jamalpur in Sessions Case No. 76 of 1999 arising out of Sarishabari Police Station Case No. 19(6)/97 corresponding to GR Case No. 462(2)97. Ed. This Case is also Reported in: 56 DLR (2004) 431. ......Jamalpur in Sessions Case No. 76 of 1999 arising out of Sarishabari Police Station Case No. 19(6)/97 corresponding to GR Case No. 462(2)97. Ed. This Case is also Reported in: 56 DLR (2004) 431. ..Category: Criminal Law | Date: | Hits: 75
Ziaul Hoque alias Bakul Vs. Md Sirajul Islam and others, 2002, 31 CLC (HCD)
....25 years on the date of filing of the nomination paper that finding cannot be disturbed in this revisional jurisdiction. Mr. Fazlul Karim tried to argue that the finding of the Appellate Tribunal was erroneous but failed to point out any misreading of the evidence or non-consideration of any materia......en clearly held that entry of the electoral roll is not final and disqualification of a candidate, if apparent, can be very much challenged and the Tribunal is competent to enquire the same. The same view has also been expressed in the cases reported in 15 DLR 153 and 20 DLR (WP) 33. In view of the ..Category: Election Law | Date: | Hits: 156
Ambala Cold Storage (Pvt.) Ltd. Vs. Prime Insurance Co. Ltd., 2001, 30 CLC (HCD)
....ed without any order as to costs. The petitioner may, however, make their claim before the competent civil Court in terms of the policy. Ed. This Case is also Reported in: 56 DLR (2004) 422. ...... and the respondent company is liable to pay the debt. Winding up of a company by Court for debt is not called for where there is a bona fide dispute relating to the existence of the debt. In that view, the application under sections 241 and 242 of the Companies Act cannot be maintained. The pray..Category: Company Law | Date: | Hits: 168
....tainable, we do not think it is necessary to consider other grounds.
In the result, the Rule is discharged with no order as to costs.
Ed.
This Case is also Reported in: 49 DLR (HD) (1997) 27. ......t the petitioner in that case could only be re‑instated by the Sonali Bank and not by its officers, and therefore the suit was not maintainable for not impleading the proper and necessary party. In view of the above decision we are also of the opinion that the petitioner should have impleaded BADC..
Category: Criminal Law | Date: | Hits: 78
Commander (Rtd) A A Chowdhury Vs. AKM Imam Hossain and others, 1996, 25 CLC (HCD)
.... reference by this Court. In the result, the Rule is discharged with costs. The stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 23 ...... be entitled to get the arrear rent for the unpaid period of time and accordingly granted the relief of recovery of arrear rent under law and equity. In the facts and circumstances of the case and in view of the provision of Order 7 rule 7 CPC and the principle as laid down in the case referred to a..Category: Property Law | Date: | Hits: 65
Mokbul Ahmed Vs. Shamsul Rashid and others, 1996, 25 CLC (HCD)
....in Civil Revision No.250 of 1991 for stay has become infructous and the same is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 18. ......t of the Waqf property and also filed Miscellaneous Case No.16 of 1959 before the Waqf Administrator which go to show that the Waqf deed was acted upon. The learned Advocate further submitted that in view of the receipt of the beneficial interest by the father of the petitioner in the Waqf property ..Category: Trust/Waqf Law | Date: | Hits: 165
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