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KZ Alam and others Vs. Secretary, Ministry of Housing and Public Works and others, 2002, 31 CLC (HCD)

.... yds of land and 2 storied building standing thereon within 2(two) months from the date of receipt of the copy of this judgment Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 451. ......mely, declaration of gift by the donor and an acceptance of the same by the donee and delivery of possession of the property under the gift is made to the donee by the donor and, as such, there is no dispute that it is a gift under Mohammedan Law. The only ground for refusal of mutation is want of i..

Category: Property Law | Date: 12 Feb, 2002 | Hits: 28

Shankar Lal Das Vs. Janata Bank and others, 2001, 30 CLC (HCD)

.... analogous execution of execution case Nos. 2 and 3 of 1989 with execution case No. 8 of 1983. It is submitted thereupon that the revision application involves decision on disputed questions of fact, resolution of which is not possible and the Rule is therefore liable to be discharged. 13. Few ...... 49 dated 6-1-91 ordered for analogous execution of execution case Nos. 2 and 3 of 1989 with execution case No. 8 of 1983. It is submitted thereupon that the revision application involves decision on disputed questions of fact, resolution of which is not possible and the Rule is therefore liable to ..

Category: Banking Law | Date: 18 Nov, 2001 | Hits: 146

Hussain Mohammad Ershad Vs. Zahedul Islam Khan and others, 2001, 30 CLC (AD)

....to interfere with the same. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed.  This Case is also Reported in:  54 DLR (AD) (2002) 1. ........................................................................ (3)............................................................................................................ (4) If any dispute arises as to whether a member of Parliament has, after his election, before subject to any o..

Category: Anti-Corruption Laws | Date: 22 Aug, 2001 | Hits: 111

Suhel Ahmed Chowdhury Vs. Salahuddin Ayubi and others, 2002, 31 CLC (AD)

....y set aside and he is exonerated from all the liabilities with honour and dignity.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 82.  ......uo; list and there was a direction from the vested property authority to contemner No. 3 to the premises by 5-7-2000. It appears from the judgment that the High Court Division found that there was no dispute on the service of notice dated 18-7-1999 but on 18-7-1999 this appellant was not the Secreta..

Category: Criminal Law | Date: 30 Jul, 2001 | Hits: 95

Reazuddin (Md.) and another Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)

....ration must be published. Ed. This Case is also Reported in: 57 DLR (2005) 698.                   ......ustice was held not to be confined merely to judicial proceedings but to extend to all proceedings wherever held which may affect the person or property or other right of the patties concerned in the dispute" Their Lordships further observed that: "As I have already held that the..

Category: Constitutional Law | Date: 19 Jul, 2001 | Hits: 2

Abu Zafar Tipu Vs. Syed Abu Siddique, 2000, 29 CLC (HCD)

....C.R. Case No.3643/98 (T.R.No.97/99) now pending in the Court of Chief Metropolitan Magistrate, Dhaka is hereby quashed. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 93. ...... Result: The Rule is made absolute. When claims of the parties are to be settled on the basis of accounting, the liability shall be a civil liability. When both the parties to any dispute submit their claim before the Arbitration Board, decision of the Arbitration Board is bind..

Category: Procedural Law | Date: 16 Nov, 2000 | Hits: 3

Sunderban Taxtils Mills Vs. The Commissioner of Taxes, 1999, 28 CLC (HCD)

....ences in question are fit cases to be taken to the Appellate Division and the prayer for certificate is, therefore, refused. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 57. ......t provides that an undertaking may claim the benefit of tax holi­day only when it qualifies for the same by fulfilling the conditions as laid down in the section. 18. In the instant case the dispute relates to the interest income of the assessee appli­cant and some other incomes which are..

Category: Fiscal/Taxation Law | Date: 8 Dec, 1999 | Hits: 9

Bangladesh Paribar Parikalpana Samity Vs. Bangladesh Paribar Parikalpana Samity Karmachari Union and others, 1999, 28 CLC (HCD)

....the Union of employees of the samity as Trade Union are declared to have been made without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 151.......killed, unskilled, manual, technical or clerical work whether the terms or employment be expressed or implied, and for the purpose of any proceedings under this Ordinance in relation to an industrial dispute includes a person who has been dismissed, discharged, retrenched, laid off or otherwise remo..

Category: Labour and Industrial Law | Date: 18 Nov, 1999 | Hits: 2118

Chairman, BD Water Dev. Board & anr Vs. Shamsul Huq & Co. Ltd. & ors., 1999, 28 CLC (AD)

.... result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 168.           ......individual case and in a particular contractual matter between a Board and a contractor. If the writ petitioner was aggrieved by the order of deduction from its bills, it could immediately raise a dispute and refer the same for arbitration under clause 25 of the contract between itself and the s..

Category: Contract Law | Date: 19 Jul, 1999 | Hits: 236

Rokeya Kabir Vs. Government of Bangladesh through the Ministry of Home Affairs and others, 1999, 18 CLC (HCD)

....r be sent to the Judge of Cruelty to Women and Children, Special Court, Dhaka and the Women Support Centre, Mirpur, Dhaka immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 234. ......the respondent No. 6 Dilip Pal Chowdhury, the father of the victim girl, assails the argument of the learned Advocate for the petitioner by submitting that the rule is not maintainable as it involves disputed question of facts like conversion of the victim girl to Islam, age of the girl, availabilit..

Category: Women and Children | Date: 26 May, 1999 | Hits: 98

State Vs. Abdul Wahab Shah Chowdhury, 1999, 28 CLC (AD)

....here will be a specific statutory sanction of granting anticipatory bail with positive conditions and directions. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 242. ......eged that the informant is his mother’s sister and the alleged victim is his cousin who is aged about 19 years and their families had discussed about their marriage. In the meanwhile due to some dispute regarding landed property, inherited from the grand-parents, between the two sisters (mothe..

Category: Criminal Law | Date: 25 May, 1999 | Hits: 79

Fazlur Rahman and Co. (Pvt.) Ltd. Vs. Agrani Bank and others, 1999, 28 CLC (HCD)

....no merit in this Rule. In the result, the Rule is discharged without an order as to costs. Order of injunction stands vacated. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 350.......ment, can be enforced by a writ of mandamus. Under the provision of Article 21 of President’s Order 26 of 1972 respondent No.1 shall carry on and transact all kinds of banking business. There is no dispute that the remission of interest was allowed by the respondent No.1 in respect of banking busi..

Category: Banking Law | Date: 28 Apr, 1999 | Hits: 500

Hefzur Rahman (Md.) Vs. Shamsun Nahar Begum and another,

....ppeal. I would therefore refrain from expressing any opinion thereon. Accordingly, I too would allow the appeal. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 172.   ......uch opinion but such opinion enriches the Courts materials upon which to draw its own conclusions, whether the Court agrees with the opinion or not. 87. The learned Judges were deciding a family dispute under the Family Courts Ordinance, 1985, section 6(4)(g) of which provides that the plaint s..

Category: Family Law | Date: 3 Dec, 1998 | Hits: 2262

Molla Habibur Rahman Vs. Board of Intermediate and Secondary Education, Jessore and others, 1998, 27 CLC (HCD)

.... authority and to be of no legal effect. The order of stay granted at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 115. ......ppearing for the petitioner submits that respondent Nos. 1 and 2 most illegally and without any jurisdiction passed the order of dissolution of the managing committee as a whole although there was no dispute as to the validity of the election of members from the category of guardians and teachers an..

Category: Civil Law | Date: 19 Aug, 1998 | Hits: 100

State Vs. Afazuddin Sikder, 1997, 26 CLC (HCD)

....Penal Code and he is sentenced to 10 years RI and also to pay a fine of Taka 1000.00 in default to suffer RI for 6 months more. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 121. ......her submitted that if the confessional statement is rejected then there is no evidence to find the accused guilty of the offence under section 302 of the Penal Code. 16. In this case there is no dispute that victim Sukitan, wife of the accused Afazuddin died on the night following 3-10-92 in th..

Category: Women and Children | Date: 24 Nov, 1997 | Hits: 151

Bangladesh Moktijoddah Kalyan Trust rep. by MD Vs. Kamal Trading Agency & others. 1997, 26 CLC (AD)

....erest at the rate of 6% from 5-6-86 till realisation; failing which it will be executed as a money decree in the usual course. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 171. ......ation is whether the trail court and the High Court Division in appeal, FA No. 63 of 1992, were right in holding that the defendant had accepted the offer of the plaintiff respondents to purchase the disputed property to make it a binding contract. The suit was decreed which was affirmed in appeal o..

Category: Contract Law | Date: 6 Nov, 1997 | Hits: 292

Bangladesh Air Service (Pvt) Ltd. Vs. British Airways PLC., 1997, 26 CLC (AD)

....ted from the on this question of public policy but those are unnecessary for the primary point in issue in the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 187. ......4-80 are the all important clauses interpretation of which is the bone of contention between the parties. The first one, Clause 14, runs as follows: “Arbitration—Any difference or dispute concerning the scope, meaning, construction or effect of this Agreement, or any matter or ..

Category: Contract Law | Date: 8 May, 1997 | Hits: 267

Suraiya Rahman Vs. Skill Development for Underprivileged Women represented by its Project Director and others, 1996, 25 CLC (HCD)

....the petitioner and registration of copyright in favour of the respondent No.1 in respect of the remaining 19 designs is upheld. Ed. This case is also Reported in: 49 DLR (HD) (1997) 222. ......es to the full knowledge and under the guidance and supervision of the petitioner; that the petitioner collaborated with the production and sale of the tapestries made from the said designs and never disputed the same till her termination from the service; and that said designs having been produced ..

Category: Intellectual Property Law | Date: 9 Dec, 1996 | Hits: 218

Chief Engineer, Roads & Highways Departments Vs. M/S Concord Engineer Limited Construction, 1996, 25 CLC (HCD)

....shy;diction and a nullity in the eye of law. In the facts and circumstances of the case there will be no order as to cost. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 105. ......im that they had already appointed Mr. Justice Sultan Hossain Khan as their arbitrator in the matter to settle the dis­pute between the parties as the Additional Chief Engineer did not settle the dispute. The Chief Engineer on receipt of the letter dated 29.4.1991 did not appoint any arbitrator ..

Category: Alternative Dispute Resolution | Date: 4 Apr, 1996 | Hits: 10

Eastern Chemical Industries Limited Vs. Government of Bangladesh and others, 1995, 24 CLC (HCD)

....tice. The petition does not merit issuance of a Rule. In the result, this application is rejected summarily without any order as to costs. Ed. This Case is also Reported in: 48 DLR (1996) 84. ...... the Collector (Appeal) Customs, Excise and VAT, Chittagong for setting aside the demand. But the Collector by a letter dated 11.1.94 informed the petitioner that he has no jurisdiction to settle the dispute. That led the petitioner to file a revisional application before the National Board of Reven..

Category: Fiscal/Taxation Law | Date: 29 Aug, 1995 | Hits: 131