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....ent case). Prima facie then, the parties must have accepted the American law—at least, for purposes of arbitration. In the above view, the Indian Arbitration Act would be excluded and it would be irrelevant, so far as the present arbitration is concerned.”
It reasoned that-
“But, as sect......Plaint of the suit having been rejected, no separate order needs to be passed on the application of defendant No. 3 for striking out its name.
Ed.
This Case is also Reported in: 54 DLR (2002) 17.......e is also Reported in: 54 DLR (2002) 17.......ll any arbitration agreement or award be enforced, set aside, amended, modified or in any way affected otherwise than as provided in the said Act.
If the intention of the legislature were that all documents containing an arbitration clause should come within the purview of sections 32 and 33, the..
Category: Civil Law | Date: | Hits: 101
M. Abul Quashem & ors. Vs. Moulvi Abdur Rab Miah & others, 2002, 31 CLC (HCD)
.... punishment upon the petitioners under section 94 of the Code on the same allegation of violation of the Court's order. In order to examine the legal propriety of the impugned order, let me quote the relevant provisions from section 94 which run as follows: "In order to prevent the ends of justi......ceipt of the order in accordance with law. Stay granted earlier is hereby vacated. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (2003) 32....... Mitra, Advocates‑ For the Petitioner Not represented‑ the Opposite Parties. Civil Revision No. 1389 of 1996. Judgment Md. Abdur Razzaque J.- By this Rule the opposite party Nos. 1 and 2 were called upon to show cause as to why the impugned order dated 5‑5‑1996, passed by the ......ceipt of the order in accordance with law. Stay granted earlier is hereby vacated. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (2003) 32...Category: Property Law | Date: | Hits: 28
M Mojibul Haque Vs. DG, Bangladesh Bureau of Anti-Corruption & ors., 2001, 30 CLC (HCD)
....g come to learn that the Prime Minister's Secretariat was considering the matter of according sanction against him made a representation to the Office of Prime Minister by a letter forwarding all the relevant papers including the letter of the contractor by which he admitted his fault in executing f......tion. 4. We have heard Mr. Shamim‑ul‑Alam for the petitioner and Mr. Md. Zahurul Islam Mukul, the learned Assistant Attorney‑General for the Government. 5. It appears from perusal of the papers and the documents annexed to the writ petition by the petitioner that the contractor directly......dhury J M Mojibul Haque…………..Petitioner Vs. DG, Bangladesh Bureau of Anti-Corruption & ors……….Respondents Judgment August 9, 2001. Case Referred to- Gakul Chanda Dwarkadas Morarka Vs. King, AIR (1948)(PC) 82. Lawyers Involved: Md. Shamim‑ul‑Alam, ......have heard Mr. Shamim‑ul‑Alam for the petitioner and Mr. Md. Zahurul Islam Mukul, the learned Assistant Attorney‑General for the Government. 5. It appears from perusal of the papers and the documents annexed to the writ petition by the petitioner that the contractor directly filed a petiti..Category: Anti-Corruption Laws | Date: | Hits: 138
Firojul Islam (Md) (Firoj) Vs. Zahanara Akter, 1999, 28 CLC (HCD)
....efore called for. Resultantly, this Rule stands discharged both on the question of maintainability and also on merit. No costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 107. ......efore called for. Resultantly, this Rule stands discharged both on the question of maintainability and also on merit. No costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 107. ......………..Opposite Party Judgment December 2, 1999. Lawyers Involved: Md. Abul Kalam Moinuddin, Advocate—For the Petitioner. Khurshid Alam Khan with Farida Yeasmin, Shahnaj Bablee and Pankaj Kumar Kundu, Advocates — For the Opposite Party. Civil Revision No. 1637 of 1999. ......Patra dated 26- 2-1997 with his admitted signature. 4. The learned Senior Assistant Judge rejected the said application. In recording rejection the learned Judge took the view that onus of proving documents are upon that party who produces those and opinion of the handwriting expert was not mater..Category: Family Law | Date: | Hits: 185
Idrish Ali Bhuiyan (Md) Vs. Dr. Alauddin Ahmed & ors., 2002, 31 CLC (HCD)
....essary prayer made in as stated in Para 2 of the amendment petition. I have already discussed some of the Indian decisions on this point and also said the decision of the Indian Supreme Court is very relevant as our election law is almost similar to the law of the Indian election. Joining of unneces......g out the name of respondent Nos. 1‑3, 8 & 9 and the prayers 'b', ‘c’, ‘d’ & ’e’ in the prayer portion of the election petition. Ed. This Case is also Reported in: 55 DLR (2003) 19.......din Ahmed, respondent No. 4 of this election petition, prays for dismissal of the election petition No. 2 of 2001 pending before this Court stating, inter alia, that the petitioner Idrish Ali Bhuiyan and the respondent No. 4, i.e. the present petitioner Dr. Alauddin Ahmed, and some other respondents......g out the name of respondent Nos. 1‑3, 8 & 9 and the prayers 'b', ‘c’, ‘d’ & ’e’ in the prayer portion of the election petition. Ed. This Case is also Reported in: 55 DLR (2003) 19...Category: Election Law | Date: | Hits: 85
Hanif Ali (Md) Vs. Hajera Khatun and others, 2002, 31 CLC (HCD)
....instance of a party. On perusal of the application dated 9‑5‑1992 it appears to me that the amendment which the petitioner wanted to put to the said PWs after re-calling appears to be very much relevant and pertinent for determining the issues involved in the suit for an end to the litigation ......r No. 2 therefore, claims additional 1.88 acres of land along with his decreetal 0.87 acres of land for which he has paid separate court fees and that the court can pass a decree upon considering the papers and documents filed by the plaintiff No. 2 in support of his claim before drawing of the fina......2003) 17. ......refore, claims additional 1.88 acres of land along with his decreetal 0.87 acres of land for which he has paid separate court fees and that the court can pass a decree upon considering the papers and documents filed by the plaintiff No. 2 in support of his claim before drawing of the final decree. T..Category: Property Law | Date: | Hits: 34
Habib (Md) and another Vs. State represented by the Deputy Commissioner, 1999, 28 CLC (HCD)
....Rule the opposite party was called upon to show cause as to why the proceedings of GR No. 929/98 now pending in the Court of Chief Metropolitan Magistrate, Chittagong should not be quashed. 2. The relevant facts are stated below: It appears that a First Information Report was lodged by Vice-Pr...... proceedings of GR Case No. 929 of 1998 so far it relates to the present petitioners Md. Habib and Ahmed Abdullah Lokman are quashed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 105. ......Case is also Reported in: 52 DLR (HCD) (2000) 105. ...... proceedings of GR Case No. 929 of 1998 so far it relates to the present petitioners Md. Habib and Ahmed Abdullah Lokman are quashed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 105. ..Category: Criminal Law | Date: | Hits: 39
Kalur Hat KC Bilateral School Vs. Sabbir Hossain Chowdhury & others, 1999, 28 CLC (HCD)
....er as to costs and the impugned order of the learned District Judge is set aside and that of the learned Subordinate Judge is restored. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 102.......ve perused the orders of both the Courts below. It appears that the learned Subordinate Judge properly considered the documents submitted by the plaintiff and came to the findings that the plaintiffs papers are better than those of the defendants documents and that the plaintiff has a prima facie ca......School……………Petitioner Vs. Sabbir Hossain Chowdhury & others………………Opposite Parties Judgment November 2, 1999. Case Referred To- Uttara Bank Vs. Macneil and Kilburn Ltd. and others, 33 DLR (AD) 298. Lawyers Involved: Md. Nazibar Rahman, Advocate- ......through cultivation bargadar. The responsibility of getting the SA Khatian recorded in the name of the school was with late Delwar Hossain Chowdhury being secretary in respect of the suit land as all documents of the school were in his custody. He was killed on 30-11-1971 during liberation war. On 2..Category: Property Law | Date: | Hits: 21
Humayun Majid Vs. Bangladesh Bureau of Anti-Corruption and ors., 2000, 29 CLC (HCD)
....hout lawful authority. 19. Mr. Obaidul Hasan Shaheen, the learned Assistant Attorney-General, on the other hand, contended that the petitioner was asked to appear before the concerned officer with relevant records in order to help the investigation that was being carried on by the authority under......unicated by respondent No.3 purported to have been started under Articles 31/50 of the Anti-Corruption Manual read with sections 94/116 Cr.P.C. by directing the petitioner to submit the documents and papers of holding No. 21 Motijheel Commercial Area, Dhaka. The Rule Nisi was issued calling upon the......High Court Division (Special Original Jurisdiction) Present: Syed JR Mudassir Hussain J Md. Arayesuddin J Humayun Majid…….Petitioner Vs. Bangladesh Bureau of Anti-Corruption and ors………..Respondents Judgment December 3, 2000. Case Referred To- Durga Das v......nexure D) communicated by respondent No.3 purported to have been started under Articles 31/50 of the Anti-Corruption Manual read with sections 94/116 Cr.P.C. by directing the petitioner to submit the documents and papers of holding No. 21 Motijheel Commercial Area, Dhaka. The Rule Nisi was issued ca..Category: Anti-Corruption Laws | Date: | Hits: 232
Saroj Kanta Sarker Vs. Seraj‑ud‑Dowla & ors., 2003, 32 CLC (HCD)
....he appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 39. ......he appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 39. ......ed in: 56 DLR (2004) 39. ......d d. what relief the plaintiff was entitled to. 16. In support of his case, the plaintiff got 4 persons examined excluding him while defendant No. 1 examined 3 persons including him. Papers and documents produced by the plaintiff were marked exhibit 1 to 6 series while those of the defendant w..Category: Civil Law | Date: | Hits: 78
Shahidul Islam (Md) alias HM Shahid Vs. State, 2003, 32 CLC (HCD)
....vidence and materials on record it appears to the Court that the prosecution case is doubtful, the benefit of doubt must be given to the accused and he should be acquitted of the offence charged. The relevant portion of Safdar Ali's case runs as follows: "In a criminal case, it is the duty of the...... Bithi by force and intimidation at 6‑30 PM in the evening of 6‑3‑2000 by calling her from her flat through her friend PW 4 Sabeha Yesmin Moli. Subsequently, victim girl was forced to sign some papers in the chamber of Advocate Hasan and thereafter she was taken to the house of the sister of a......ted- the Respondent. Jail Appeal No. 368 of 2002. Judgment Md. Joynul Abedin J.- This Jail Appeal by the accused appellant Md. Shahidul Islam alias HM Shahid is directed against the judgment and order of conviction and sentence dated 15‑5‑2002 passed by the Nari‑o‑Shishu Nirjatan Da......used appellant Md. Shahidul Islam alias HM Shahid, son of Md. Afseruddin Howlader be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 56 DLR (2004) 35...Category: Criminal Law | Date: | Hits: 43
National Bank Ltd. and others Vs. Habib Bank Ltd. and others, 2002, 31 CLC (HCD)
....the port, the ship was either on the verge of sinking or was in great distress. The whereabouts of the consignment of cement was also not known. These facts with regard to the goods are not, however, relevant for our purpose because the bank deals with the documents and not with the goods. It is sta......ltimately, the AMEX, NY by its telex dated March 28, 1986, (Exhibit 9) informed HBL NY about cancellation of authorisation for reimbursement by them and advised them to contact NBL direct. 18. The papers on record show that the HBL, Dubai, did not contact NBL, before June 4, 1986, for the reasons...... Ed. This Case is also Reported in: 56 DLR (2004) 15. ......ons with the Habib Bank Ltd., Deira, Dubai Branch, in United Arab Emirates, the plaintiff in Money Suit No. 65 of 1989 in the First Commercial Court, Dhaka. The said seller presented all his shipping documents along with the bill of exchange, for US$ 2,66,600 with the said Habib Bank Ltd, Dubai Bran..Category: Business or Commercial Law | Date: | Hits: 202
Abul Hossain and others Vs. State and another, 2003, 32 CLC (HCD)
....trial Court, we find that the learned Magistrate has roamed on the surface of the case and did not enter into and discuss the evidence of each particular witness relating to the fact in issue and the relevant facts to arrive at his findings and conclusion. He even failed to discuss the evidence of t......esolved and decided in the case only on a proper discussion and assessment of evidence on record. This application is rejected summarily. Ed. This Case is also Reported in: 56 DLR (2004) 12. ...... This Case is also Reported in: 56 DLR (2004) 12. ......esolved and decided in the case only on a proper discussion and assessment of evidence on record. This application is rejected summarily. Ed. This Case is also Reported in: 56 DLR (2004) 12. ..Category: Criminal Law | Date: | Hits: 34
Shahinur Alam @ Shahin Vs. State, 2003, 32 CLC (HCD)
.... merit. Communicate the order at once to the Nari‑o-Shishu Nirjatan Daman Tribunal, Rangpur for his information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 10. ...... 10. The learned Advocate for the appellant has placed before us the application filed by the prosecution praying for re‑calling 6 witnesses already examined, the impugned order and other connected papers. 11. It is found from the application for re-calling the 6 witnesses, including the vict...... Nari‑o‑Shishu Nirjatan Daman Tribunal, Rangpur in Nari‑o‑Shishu Nirjatan Daman Case No. 455 of 2001, allowing an application by the prosecution for re‑calling 6, witnesses already examined and discharged by the Court. 2. The prosecution case, in short, is that 2‑4‑2001 was fixed fo...... merit. Communicate the order at once to the Nari‑o-Shishu Nirjatan Daman Tribunal, Rangpur for his information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 10. ..Category: Criminal Law | Date: | Hits: 37
....r in the Bidhimala, 1997 there is any reference of the concerned Ministry, We also take our judicial notice as to the hasty manner in which the impugned action has been taken in clear defiance of the relevant provision of the law as discussed above. We may also profitably refer the case of Chairman,......before the respondents for environmental clearance certificate to install a factory at 58/2 Senpara (Parbata) Mirpur, Section 10, Dhaka. The petitioner filed the said application along with necessary papers namely, processes flow diagram, Chalam form and layout plan, Respondent Nos. 1 and 2 consider......iginal Jurisdiction)
Present:
MA Wahhab Miah J
Shamim Hasnain J
Abu Jafar Md. Nurul Islam...................Petitioner
Vs.
DG, Department of Environment, Government of Bangladesh and others.........Respondents
Judgment
July 15, 2003.
Cases referred to-
Chairman, Zill......6‑11‑2002 vide Annexure E to the writ petition is hereby declared to have been issued without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 56 DLR (2004) 1.
..
Category: Environmental Law | Date: | Hits: 226
Didarul Kabir (Md) Vs. Commissioner of Customs and others, 2001, 30 CLC (HCD)
.... the ship has been damaged by fire which fact was very much known to the respondents. The final submission of Dr. Zahir is that admittedly the petitioners have purchased the vessel in auction and the relevant HS Code is HS Code No. 8908.00.10 for which the petitioners are liable to pay customs dutie......ischarged however without any order as to cost. The respondents are at liberty to realise the balance dues by encashing the Bank Guarantee. Ed. This Case is also Reported in: 55 DLR (2003) 11....... Division (Special Original Jurisdiction) Present: Syed Amirul Islam J AKM Shafiuddin J Didarul Kabir (Md)...............................Petitioner Vs. Commissioner of Customs and others………..….Respondents Judgment August 7, 2001. Lawyers Involved: Dr. M.......hich an inventory showing all the goods including ships intended for scrapping is prepared while the ship is under customs control. Thereafter the importer presents Bill of Entry along with all other documents. So, it is the duty of the Customs authority to determine movable and consumable goods wit..Category: Fiscal/Taxation Law | Date: | Hits: 77
Nannu Mia @ Habibur Rahman Vs. State, 2002, 31 CLC (HCD)
.... law could not be imported or it was a cough syrup. The next contention was that whether the alleged phensidyl was carrying/possessing by the appellant for the purpose of sale. Now let us examine the relevant law; section 25B of the Special Powers Act; Penalty for smuggling: "(1) whoever, in bre...... the charge thereunder. The appellant be set at liberty, if not wanted in any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 7. ......Attorney‑General with Shamim Ara‑Dora, Assistant Attorney‑General‑For the State. Criminal Appeal No. 968 of 1999. Judgment Abdul Awal J.- This Appeal is directed against the Judgment and order dated 19‑4‑1999 passed by the Special Tribunal No. 1, Narshingdi, in Special Tribunal ...... the charge thereunder. The appellant be set at liberty, if not wanted in any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 7. ..Category: Criminal Law | Date: | Hits: 43
Narayanganj High School and others Vs. Pran Ballave Saha Banik and others, 1998, 27 CLC (HCD)
....res seven days’ notice for showing cause by the delinquent for dismissing him from service, in the instant case only 3 days time was given to the plaintiff in clear violation of Clause 14(1) of the relevant Ordinance, which renders the impugned order of dismissal illegal. The learned District Judg......ffirmed by the District Judge, Narayanganj in Title Appeal No.60 of 1990, are maintained. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 90....... Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 90.......ffirmed by the District Judge, Narayanganj in Title Appeal No.60 of 1990, are maintained. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 90...Category: Employment/Service Law | Date: | Hits: 72
American Express Bank Limited Vs. Chairman, National Board of Revenue and others, 2001, 30 CLC (HCD)
....s evidenced by notices of respondent No.3 dated 16-7-1998 (Annexure-k, k1, k2, k3, k4, and k5) shall not be declared to have been made without any lawful authority and of no legal effect. 3. Facts relevant for disposal of the Rule are, that the petitioner a banking institution incorporated in the...... a prescribed form issued by the same chartered accountant. We have already found from the order of the Deputy Commissioner of Taxes in all the returns that after due consideration and examination of papers submitted with the Income Tax returns the same were accepted. If there would be any illegalit......ion (Special Original Jurisdiction) Present: MM Ruhul Amin J Md. Munsurul Hoque Chowdhury J American Express Bank Limited……Petitioner Vs. Chairman, National Board of Revenue and others ……………………Respondents Judgment July 31, 2001. Lawyers involved: ......2-93 to 1997-98 are without lawful authority and of no legal effect. In the result the rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002)7. ..Category: Fiscal/Taxation Law | Date: | Hits: 132
....emplated by the statute (Congreve Vs. Home Office (1976) QB 629).
(c) The exercise of a discretion will be invalid if the authorities in exercising it take into consideration matters which are not relevant or leaves out of consideration matters which are relevant (Padfield Vs. Minisker of Agricul......sion we are of the opinion that the Rule is liable to be discharged. In the result the Rule is discharged. There will he no order as to cost.
Ed.
This Case is also Reported in: 54 DLR (2002) 1.
...... Original Jurisdiction)ar
Present:
Syed Amirul Islam J
AKM Shafiuddin J
SA Coconut Mills Ltd…….……………Petitioner
Vs.
Government of the People’s Republic of Bangladesh and Others………. Respondents
Judgment
August 23, 2001.
Cases Referred to-
Talekhal ......without being required to pay taxes and duties immediately upon the arrival of the goods in the country. In response, the respondent No. 5 wrote to petitioner on 14-8-2000 and requested it to furnish documents showing that it had a paid up capital of 10 crore takas. It was advised that without such ..
Category: Fiscal/Taxation Law | Date: | Hits: 108
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