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Kibria and Associates Ltd. Vs. Bangladesh Agricultural Development Corporation, 1992, 21 CLC (HCD)

....ters at rest arising out of the situation like the present one. In the result, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 712. ......erved: "Though, in terms, section 34 of the Code of Civil Procedure does not apply to arbitration, it was an implied terms of the reference in the suit that the arbitrator would decide the dispute according to law and would give such relief with regard to pendente lite interest as the Court would......bria and Associates Ltd…………………Appellants Vs. Bangladesh Agricultural Development Corporation……………………Respondents Judgment September 6, 1992. Cases Referred to- Executive Engineer Irrigation, Golimala and others Vs. Abnaduta Jena, AIR 1988 (SC) 1520; Mes......, Clause No.17 to the effect: "Any dispute of claims which cannot be amicably settled by negotiation between the Contractor and the Employer shall be settled by Arbitration in accordance with the laws for arbitration effective in Bangladesh." The construction work after execution of the agreemen..

Category: Alternative Dispute Resolution | Date: | Hits: 156

Inspector of Schools, Board of Secondary and Higher Secondary Education, Dhaka and others Vs. Managing Committee, Khashmahal Balurchar High School and others, 2003, 32 CLC (HCD)

....ssued by the Board as to why the Managing Committee of the school should not be dissolved has been challenged, have committed error of law resulting in an error in the decision occasioning failure of justice in not rejecting the plaint. In support of his contention Mr. Nurul Amin has referred th......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. ...... 2002 is hereby rejected. Ed. This Case is also Reported in: 57 DLR (2005) 34. ......site parties. The learned Assistant Judge by the impugned order rejected the application holding 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 o..

Category: Employment/Service Law | Date: | Hits: 66

Khorshed Alam (Md.) Vs. Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Home Affairs, 2004, 33 CLC (HCD)

....ngla, District Bagerhat, now detained in Bagerhat district jail, be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 57 DLR (2005) 32.......ngla, District Bagerhat, now detained in Bagerhat district jail, be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 57 DLR (2005) 32.......er Vs. Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Home Affairs.....................Respondent Judgment March 1, 2004. Cases Referred to- Md. Anowar Hossain on behalf of detenu Chittaranjan Guha Vs. State, 29 DLR 15; Calcutta Dock ......Sarak, PS Mongla, District Bagerhat now being detained in Bagerhat District Jail, should not be brought before this Hon'ble Court so that it may satisfy itself that he is not being detained without lawful authority or in an unlawful manner and/or pass such other or further order or orders passed a..

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. ......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. ......other..................Petitioners Vs. AKM Mostafa Kamaluddin and others.............Opposite Parties Judgment March 22, 2001. Result: The Rule is made absolute without any order as to costs. The Code of Civil Procedure, 1908 (Act No. V of 1908); Order VII rule 11(c)(d) The v......he learned Assistant Judge while rejecting the applications for rejection of plaint, could have taken into consideration the question of valuation and given reasons therefore. Mere misquoting of law in the applications did not debar the learned Assistant Judge from passing an appropriate order...

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. ...... this arbitrary power given to the Government may be exercised abusively. They have pointed out that there is no guideline on the basis of which the Government is required to exercise this power. So, according to them, the Government may adopt a policy of pick and choose which will amount to violati......que J Zinat Ara J Wahiduzzaman (Md.)……………….........Petitioner Vs. Government of Bangladesh & others.............Respondents Judgment May 13, 2003. Cases Referred to- Abdul Ala Moududi Vs. Government of West Pakistan, 17 DLR (SC) 209; Waris Mea Vs. State, 9 DL...... Marriages and Divorces (Registration) Rules, 1975 as amended vide SRO No. 273 dated 2‑10‑2002 (Annexure-F) should not be declared to be unconstitutional. 2. As the vires of some provisions of law have been challenged in these two Rules and as the facts are also similar the Rules were heard t..

Category: Civil Law | Date: | Hits: 79

Abdur Rahman Dhali and others Vs. State, 2004, 33 CLC (HCD)

....w and the materials on record to connect the accused-petitioners with the offence leading 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 ......ts that if the accused-petitioners, the concerned dealers would not have given the said amount of money to Molla Kamruzzaman there would have been no opportunity to misappropriate the said amount and accordingly, the implication of the accused-petitioners cannot be overlooked. 16. Be the case a......ate………………………………………………..Opposite Party Judgment November 1, 2004. Lawyers Involved: None appears-For the Petitioners. Md. Afsar Hossain, Assistant Attorney-General-For the Opposite Party. Criminal Miscellaneous Case No. 2123 of 1995. Judgment ......tion report, charge-sheet and complaint petition. In spite of these limitations we are still at liberty, by invoking inherent jurisdiction, to see whether the trial Court has looked into the relevant law and the materials on record to connect the accused-petitioners with the offence leading to their..

Category: Criminal Law | Date: | Hits: 85

Abdul Mannan Bhuiyan (Md.) Vs. University of Rajshahi and others, 2004, 33 CLC (HCD)

....ly recommended by the Chairman of the Department of Law but in spite of his repeated efforts no response was received from the authorities of the University and, as such, he issued a notice demanding justice through his learned Advocate on 16‑7‑2002, praying for re‑evaluation of the said paper......rection should not be given upon them to re‑examine the answer script of the petitioner of his subject Administrative Law in his LLB (Hon's) Part-IV Examination 1999 and to re-evaluate the result accordingly. 2. It is stated in the petition that the petitioner at the relevant time was a stude......s. 1 and 3. Writ Petition No. 4003 of 2002. Judgment ABM Khairul Haque J.- This Rule was issued at the instance of Md. Abdul Mannan Bhuiyan calling upon the University of Rajshahi and others to show cause as to why a direction should not be given upon them to re‑examine the answer script ......sions for re‑examination, within a period of 2(two) months from the date of the receipt of this judgment. This re‑examination and re-evaluation should be done impartially and in accordance with law. 17. Since the facts show that the authorities of the University were in extreme laches in no..

Category: Others | Date: | Hits: 157

Abdus Sattar Pramanik (Md) and another Vs. State and another, 2003, 32 CLC (HCD)

....r of stay granted at the time of issuance of the Rule is hereby recalled. Communicate a copy of this order to the Court concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 453.......r of stay granted at the time of issuance of the Rule is hereby recalled. Communicate a copy of this order to the Court concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 453.......manik (Md) and another………Accused Petitioners Vs. State and another………………Opposite Parties Judgment March 16, 2003. Result: The Rule is discharged. Cases Referred to- Shamsuddin Ahmed Chowdhury Vs. State and another, 49 DLR (AD) 159; Shambhu Nath Saha and othe......ocate submitted that the document relating to Other Class Suit No. 133/41 having been filed in the partition suit, complaint or first information report lodged by a private person is barred under the law. 5. Mr. Md. Abdul Haque, the learned Advocate appearing on behalf of the opposite party No. 2..

Category: Criminal Law | Date: | Hits: 62

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.......orms shall be administered by the Speaker‑ I, having been elected a Member of Parliament do solemnly swear (or affirm) that I will faithfully discharge the duties upon which I am about to enter according to law: That I will bear true faith and allegiance to Bangladesh: And that I will no......n, Umme Kulsum Rekha and MBI Munshi, Advocates ‑ For the Petitioner. M Amirul Islam with Shafique Ahmed & Fazlur Rahman Khan, Advocates ‑ For Respondent No, 3. Zaman Akhtar, Assistant Attorney General ‑ For Respondent Nos.1 and 2. Writ Petition No. 985 of 2002. Judgment Md. ...... administered by the Speaker‑ I, having been elected a Member of Parliament do solemnly swear (or affirm) that I will faithfully discharge the duties upon which I am about to enter according to law: That I will bear true faith and allegiance to Bangladesh: And that I will not allow my pe..

Category: Constitutional Law | Date: | Hits: 242

Hafez (Md.) Bazlur Rahman and others Vs. Bangladesh represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs and others, 2004, 33 CLC (HCD)

....t to the maximum area provided by rule 10 of the Rules. Thus the second argument of the learned Advocate for the petitioner also has no legs to stand. 15. Thirdly, as regards principles of natural justice, it is to be noted that the Government issues license to a Nikah Registrar who acts as the G......gory B not more than three wards and in category C not more than the entire Municipal area and in other 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 ......inistry of Law, Justice and Parliamentary Affairs and others ......……………......Respondents Judgment January 10, 2004. Result: The Writ Petitions are discharged. Cases Referred to- Dr Nurul Islam Vs. Bangladesh, 33 DLR (AD) 201; Writ Petition No. 553 of 2003 with Writ Petit......ney General ‑ For Respondent No. 1 (In all the Writ Petitions). Writ Petition Nos. 6320 of 2002, 832, 728, 2014 & 2562 of 2003. Judgment Tariq‑ul Hakim J.- Since a common question of law arises in all these Writ Petitions they are being disposed of by the single Judgment. 2. In a..

Category: Civil Law | Date: | Hits: 70

Abdus Salam (Md) Vs. University of Rajshahi & others, 2004, 33 CLC (HCD)

....t and moral turpitude by order dated 7‑5‑2001 (Annexure N‑1) issued under the signature of the Registrar, University of Rajshahi, the respondent No. 4, in violation of the principles of natural justice and also of the relevant provisions of the Rajshahi University Act, 1973 (the Act, in short)......o. 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, 1973, the petitioner wa......��……..Respondents Judgment January 7, 2004. Result: The Rule is made absolute. Lawyers Involved: Md. Kamruzzaman, Advocate- For the Petitioner. Abdus Samad Kamal, Assistant Attorney General with Farah Mahboob Assistant Attorney General ‑ For the Respondents. Writ Petiti......(1) to the petition) dated 7‑5‑2001 under the signature of respondent No. 4, dismissing the petitioner from service of the University of Rajshahi, should not be declared to have been made without lawful authority and is of no legal effect. 2. It is stated in the petition that while the petiti..

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. ......tion of respondent No. 2 as CBA by respondent No. 1 (Annexure-A) and prayed for a direction upon the respondent No. 1 to take proper steps for cancellation of the registration of respondent No. 2 and accordingly, moved this Court and obtained the present Rule. 3. Mr. Rafique-ul-Huq, the learned S......que‑ul-Huq with Khalilur Rahman with Zubayer Rahman Chowdhury and Muhammad Sakhawat, Advocates ‑ For the Petitioner. Tufailur Rahman ‑ For Respondent No. 2. Md. Afsar Hossain, Assistant Attorney General ‑ For Respondent No. 1. Writ Petition No. 5905 of 2001. Judgment Salma Mas......539)/2001/699 dated 9‑9‑2001 issued by the Registrar of Trade Unions, Government of Bangladesh Respondent No.1 (Annexure - A to this petition) should not be declared to have been made without any lawful authority and is of no legal effect and why the respondent No. 1 should not be directed to ta..

Category: Labour and Industrial Law | Date: | Hits: 158

Rajab Ali Zulfiqar Vs. State, 1993, 22 CLC (HCD)

....only requirement for that is that in allowing such application for additional evidence, the Court shall record its reasons with a finding that such additional evidence is necessary in the interest of justice. He further submits that as the appellant could not appear in Court at the trial or engage a......ion of the facts and circumstances of the case and evidence on record was pleased to find the accused‑appellant guilty under section 409 of the Penal Code read with section 5(2) of Act II, 1947 and accordingly convicted and sentenced him thereunder to suffer simple imprisonment for 1 (one) year an......i J Rajab Ali Zulfiqar………………………Appellant Vs. State…………………Respondent Judgment April 13, 1993. Result: The appeal is dismissed. Cases Referred to- State Vs. Abu Raza, 18 DLR (SC) 512; State Vs. Nazir Hussain, 16 DLR (WP) 48; 7 DLR (FC) 1; A......he first contention of the learned Advocate for the appellant is that the trial of the instant case was illegally held by the learned Sessions Judge and not by any Special Judge as required under the law and hence it was illegal and without jurisdiction and consequently the impugned judgment and ord..

Category: Criminal Law | Date: | Hits: 92

Afzal Hossain Vs. Chief Election Commissioner and others, 1992, 21 CLC (HCD)

....namely by 31.7.92. He has further submitted that the Election Commission heard the matter behind his back setting aside the final order passed on appeal and this has violated the principle of natural justice. 5. We have examined the contention of the learned Advocate but we find no substance in a...... 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. ......……Petitioner Vs. Chief Election Commissioner and others…………………………Respondents Judgment December 1, 1992. Result: The petition is rejected. Cases Referred to- Sheikh Abdus Sabur Vs. Returning Officer, 41 DLR (AD) 30; Mehinder Singh Gill Vs. Chief Elect......Parishads) Ordinance, 1983. 3. Against the said order respondent No.8 whose nomination paper has been rejected filed an appeal before the Thana Nirbahi Officer who is the appellate authority under law on 3.9.92 alleging that on 2.9.92 his nomination paper was accepted preliminarily by the Returni..

Category: Election Law | Date: | Hits: 153

Air Marshal Jamaluddin Ahmed (Retd) Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)

....oner wrote a number of letters to the respondent No. 1 demanding his pension benefit (Annexure Nos. H, I, J, K, L, M) but without any response, as such, he was constrained to issue a notice demanding justice through his learned Advocate on 22‑4‑2003 (Annexure N) claiming his pension and other re......uarters to settle his pension claims on payment of Taka 35,855 in TR Form towards the claims of the Government or after deduction of the said amount from his pension-cum-gratuity with his consent and accordingly, the petitioner had duly given his consent for such deduction although he did not know f......��……………….Petitioner Vs. Government of Bangladesh and others………………..Respondents Judgment June 13, 2004. Result: The Rule is made absolute. Cases Referred to- Col. Md. Hashmat Ali (Retd) of Bangladesh Army Medical Corps Vs. Bangladesh, 47 DLR (AD) 1; L......onstitution and obeys its commands to the letter. Article 62 of the Constitution provides for raising and maintaining of defence services. Article 62 reads as follows: "62. (1) Parliament shall by law provide for regulating- (a) the raising and maintaining of the defence services of Bangladesh..

Category: Employment/Service Law | Date: | Hits: 148

State Vs. Abdul Hatem, 2003, 32 CLC (HCD)

....n he was sentenced to death. Abdul Hatem was in abscondence since the incident and he remained although in abscondence during trial and he was tried in absentia. He was, thus, a fugitive from law and justice. Abdul Hatem shall be referred to hereinafter as condemned prisoner. 6. Learned Additiona......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. ......te ............................... Appellant Vs. Abdul Hatem ............….. Condemned Prisoner Judgment February 2, 2003. Result: Death Reference is accepted. Cases Referred to- Noor Jahan Begum Vs. State, 42 DLR (AD) 130; Al Amin and others Vs. State, 51 DLR 154. Law......n 23‑6‑1997 at Village ‑ Kabaria Bari Guchhagram under Police Station Sarishabari District‑Jamalpur, Hatem had been marked as the author of stabbing. 2. Following murder of Rahima Khatun law was set in motion on laying a First Information Report with Sarishabari Police Station by Abul K..

Category: Criminal Law | Date: | Hits: 75

Mozibar Rahman Molla (Md) and another Vs. Rehazuddin and others, 2003, 32 CLC (HCD)

....ndatory provisions of sub-rule (2) of rule 4 of Order XX of the Code of Civil Procedure, Therefore, it suffers from error of law which has resulted in the error in the decision occasioning failure of justice and, as such, the impugned judgment and order of affirmance is le to be set aside in exercis......ons made in this judgment. Send down a copy of this judgment along with the Lower Courts Record to the trial Court at once for compliance. Ed. This Case is also Reported in: 56 DLR (2004) 427.......��…………Petitioners Vs. Md Rehazuddin and others………………………………Opposite Parties Judgment May 20, 2003. Result: The Rule is made absolute. Case Referred to- Aziz Ahmed Khan Vs. IA Patel, AIR 1974 (AP) 1. Lawyers Involved: Md. Khurshid Alam Khan......r that the impugned judgment and order of affirmance is violative of the mandatory provisions of sub-rule (2) of rule 4 of Order XX of the Code of Civil Procedure, Therefore, it suffers from error of law which has resulted in the error in the decision occasioning failure of justice and, as such, the..

Category: Property Law | Date: | Hits: 98

Ziaul Hoque alias Bakul Vs. Md Sirajul Islam and others, 2002, 31 CLC (HCD)

....titioner having been shown as 25 years, the said entry could not be challenged and, as such, the Appellate Tribunal committed error of law resulting in an error in the decision occasioning failure of justice in holding that the present petitioner failed to prove that he attained the age of 25 year...... election for the post of Chairman of No.15 North Ichapur Union Parishad immediately in accordance with law. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 424. ......��………………………Petitioner Vs. Md Sirajul Islam and ors ………………Opposite Parties Judgment March 19, 2002. Result: The Rule is made absolute. Cases Referred to- Hari Prasad Mulshankar Trivedi Vs. VB Raju and others, AIR 1973 (SC) 2601; Kabul Singh Appell...... Kabir and Mr. Khandakar Aminul Huq, learned Advocates for the petitioner submits that the Electoral Rolls Rules, 1982 prepared under the Electoral Ordinance, 1982 has a presumption of correctness in law. He submits that section 17 of the said Ordinance clearly bars the jurisdiction of Court to ques..

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. ......4. It is contended by the learned Advocate for the petitioner that the joint survey report was made and the same was communicated to the respondent company the damage was assessed by that report and, according to the report the respondent company is liable to pay on account of loss caused to the pet...... terms of the policy. Ed. This Case is also Reported in: 56 DLR (2004) 422. ......spondent on 9‑8‑1999 requesting the respondent to pay the petitioner's admitted claim, but the respondent company did not make any response whatsoever. Then on September 20, 1999 the petitioner's lawyer served a notice under section 241 of the Companies Act, 1994 upon the respondent to settle th..

Category: Company Law | Date: | Hits: 168

KM Fazlul Haque Vs. Chairman, Bangladesh Agricultural Development Corporation and another, 1996, 25 CLC (HCD)

....bmits that the petitioner was not supplied with a copy of the inquiry report. The other grounds taken by him is that no show cause notice was served upon him in violation of the principles of natural justice. The further grounds taken by the learned Advocate for the petitioner is that the fundamenta......erefore instead of going to the Labour Court the petitioner has moved this Court. 11. The respondents by filing affidavit-in‑opposition denied the allegation that the inquiry was not carried out according to the procedure laid down in the rules. It is claimed that the petitioner was given oppor......adesh Agricultural Development Corporation and another..............................................Respondents Judgment August 28, 1996. Result: The Rule is discharged. Cases Referred to- Md. Arfan Ali Vs. Sonali Bank and others, Civil Petition for Special Leave to Appeal No.26 of......subsequent order or orders passed pursuant to the said order (Annexure‑K), including Memo No.PSB (Pra:18S‑18/89‑90/704 dated 9-9-90 (Annexure‑Q) should not be declared, to have passed without lawful authority and is of no legal effect. 2. The facts, in short, as stated in the petition are..

Category: Criminal Law | Date: | Hits: 78

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