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Maico Jute and Bag Corporation Vs. Bangladesh Jute Mills Corporation & others, 2002, 31 CLC (AD)
....nd hence question of arbitration does not arise. The learned Counsel further submitted that the High Court Division suo motu referred the dispute to the tribunal for arbitration in the absence of any prayers to that effect and thus exceeding its jurisdiction in passing the impugned judgment. 7. ......2. Result: The petition is dismissed. The Arbitration Act, 2001 (Act No. I of 2001), Section 10 It is absolutely the domain and the discretion of the court to grant the relief sought for or to grant any other general or other relief that may be thought fit and proper. In the instant......impugned judgment and do not find any illegality or infirmity with impugned judgment for our interference. The petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) 23. ......impugned judgment and do not find any illegality or infirmity with impugned judgment for our interference. The petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) 23. ..Category: Alternative Dispute Resolution | Date: 20 Aug, 2002 | Hits: 280
Sirajul Islam (Md.) and others Vs. State, 2002, 31 CLC (HCD)
....against the impugned order dated 6‑9‑1999 passed by the Cruelty to Women and Children (Deterrent Punishment) Special Tribunal, Chittagong, in Special Tribunal Case No.146 of 1997 rejecting the prayer of the accused appellants for discharging them under section 241A of the Code of Criminal P......6‑9‑1999 passed by the Cruelty to Women and Children (Deterrent Punishment) Special Tribunal, Chittagong, in Special Tribunal Case No.146 of 1997 rejecting the prayer of the accused appellants for discharging them under section 241A of the Code of Criminal Procedure and framing charge agains......as been pending for a long time the concerned Special Tribunal, Chittagong is hereby directed to dispose of the same expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 536. ......as been pending for a long time the concerned Special Tribunal, Chittagong is hereby directed to dispose of the same expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 536. ..Category: Women and Children | Date: 5 Aug, 2002 | Hits: 219
Zilaluddin (Md.) Vs. Secretary, Ministry of Home Affairs & others, 2002, 31 CLC (HCD)
....nj, Dhaka now detained in Dhaka Central Jail, Dhaka be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 625. ...... Lordships gave dissenting judgments. Mr. Justice Md. Ali Asgar Khan made the Rule absolute declaring the order dated 30-5-2002 issued by the Government extending the order of detention of the detenu for 3(three) months with effect from 29-6-2002 on the basis of the recommendation made by the Adviso......nj, Dhaka now detained in Dhaka Central Jail, Dhaka be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 625. ...... filed with the supplementary affidavit as Annexure-II. 8. Mr. M Amirul Islam, the learned Advocate appearing in support of the application, submits that neither the grounds of detention nor the detenue having been placed before the Advisory Board within one hundred and twenty days from the dat..Category: Criminal Law | Date: 29 Jul, 2002 | Hits: 2
Amir Hossain Vs. Homeland Footwear Ltd. and others, 2002, 31 CLC (HCD)
....e, of the aforesaid Homeland Footwear Ltd. immediately, wherever it is situated and report compliance within 8(eight) weeks from the date of receipt of the drawing up of the order. However, on the prayer of Mr. Imtiaz Mahmud, Advocate, let the operation of this judgment be stayed for a period of ......—For Respondent Nos. 5‑7. Matter No. 59 of 2001. Judgment ABM Khairul Haque J.—This is an application under section 241(v) of the Companies Act, 1994, filed by one Amir Hossain praying for winding up of Homeland Footwear Ltd ('the company'). 2. The case of the petitioner, in short,...... on the prayer of Mr. Imtiaz Mahmud, Advocate, let the operation of this judgment be stayed for a period of three months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 478. ...... on the prayer of Mr. Imtiaz Mahmud, Advocate, let the operation of this judgment be stayed for a period of three months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 478. ..Category: Company Law | Date: 21 Jul, 2002 | Hits: 226
Goutam Chandra Das alias Goutam Kumar Das Vs. State, 2002, 31 CLC (HCD)
....enied that the accused appellant was falsely implicated in the case for the 2nd marriage. 10. Md. Jalal Mollick as P.W.3 deposed that he heard about the incident on 21‑5‑1999. After the Magrib prayer he heard that the accused persons went away after a scuffle. He also heard that the accused p......irjatan Daman Case No.40 of 1999 convicting the accused appellant under section 10(2) of the Nari-o-Shishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995 and sentencing him to suffer rigorous imprisonment for life. 2. The prosecution case, in brief, is that the informant Purnima Rani Das, P.W.1 was le......at No.2 Jhalakati, in Nari-o-Shishu Case No.40 of 1999 is hereby set aside. Send down the lower Court record expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 527. ......at No.2 Jhalakati, in Nari-o-Shishu Case No.40 of 1999 is hereby set aside. Send down the lower Court record expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 527. ..Category: Women and Children | Date: 20 Jul, 2002 | Hits: 173
Upazila Education Officer & anr. Vs. Tara Miah Akhand & ors., 2004, 33 CLC (AD)
....asmuch as the said Plot No. 331 is situated about one mile away from the existing school; that, as such the plaintiffs were compelled to file the said suit for permanent injunction along with a prayer for temporary injunction on the ground that if the existing school is shifted from the Plot N...... A J Mohammad Ali Senior Advocate instructed by Sharifuddin Chaklader, Advocate‑on‑Record‑ For the Petitioners. Not represented‑The Respondents. Civil Petition for Leave to Appeal No. 275 of 2002. (From judgment and order dated 20th January, 2002 passe......pugned judgment of the High Court Division does not suffer from any legal infirmity for our interference. Accordingly, this petition merits no consideration and it is dismissed. Ed. ......pugned judgment of the High Court Division does not suffer from any legal infirmity for our interference. Accordingly, this petition merits no consideration and it is dismissed. Ed. ..Category: Civil Law | Date: 3 Jul, 2002 | Hits: 206
State Vs. Harish, 2002, 31 CLC (HCD)
....submits that the accused voluntarily surrendered before the Court of Magistrate when he learnt about his false implication in the case and subsequently he was taken to police custody on remand on the prayer of Investigating Officer and was produced before the court of Magistrate under the circumstan...... J. - This reference being Death Reference No. 28 of 1998 has been made by the learned Judge. Nari-o-Shishu Nirjatan Daman Bishes Adalat, Narsingdi under section 374 of the Code of Criminal Procedure for confirmation of sentence of death by hanging by neck till his death while convicting Harish unde......emned prisoner Harish is acquitted of the charge and let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 473.......emned prisoner Harish is acquitted of the charge and let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 473...Category: Women and Children | Date: 2 Jul, 2002 | Hits: 89
Abdul Majid Sarker (Md) Vs. State and others, 2003, 32 CLC (AD).
.... on 9‑7‑2000 and her statement was recorded wherein she expressed her intention not to go with her father. Thereafter the victim was sent to judicial custody. The appellant then made a prayer for custody of his minor daughter which was rejected by the learned Magistrate and then agai......tate and others................ Respondents Judgment June 9, 2002. An application under section 491 of the Code of Criminal Procedure is maintainable for custody of a minor to see that the minor is not held illegally and in an improper manner and in......ntendent of Naogaon Jail is directed to release the detenu Masuda Khanam (Hasi), daughter of the appellant forthwith and handover her to the custody of her father the appellant. Ed. ......ntendent of Naogaon Jail is directed to release the detenu Masuda Khanam (Hasi), daughter of the appellant forthwith and handover her to the custody of her father the appellant. Ed. ..Category: Criminal Law | Date: 9 Jun, 2002 | Hits: 74
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One
....lisher and owner of 'Daily Janakantha' has entered appearance and filed affidavit in opposition on 13-12-2000. Thereafter, on 24-1-2001 they have filed another affidavit-in-opposition with, a prayer for accepting the same on the ground that the earlier affidavit-in-opposition contains innume......e (1976) 65 DLR (3rd) 608, R V Gray (1900) 2 QB 36, CK Dephtary Vs. OP Gupta, AIR 1971 SC 1132, Halmore Vs. Smith (1886) 35 Ch. D 449, Channing Arnold Vs. The King Emperor, 18 CWN PC 785, Ambard V AG for Trinidad and Tobago 1936 AC 322 = (1936) 1 All England Report 704, AIR 1978 SC 921 = (1978) 3 SC......imprisonment for a period of one month with a fine of Taka 2000 (two thousand) payable within two months, in default, to undergo further simple imprisonment for a period of one month. Part Two ......imprisonment for a period of one month with a fine of Taka 2000 (two thousand) payable within two months, in default, to undergo further simple imprisonment for a period of one month. Part Two ..Category: Contempt of Court Law, Criminal Law | Date: 20 May, 2002 | Hits: 201
Alam (Md) & another Vs. State, 2002, 31 CLC (HCD)
.... section 164 of the Code of Criminal Procedure before the Magistrate. Subsequently, the victim girl at her own accord refused to stay with her parents by making an application to the court and on her prayer, she was taken to the judicial custody in jail pending disposal of the case. On remaining und......irjatan Doman Bishesh Adalat, Jhalakathi in case No. 35 of 1999 convicting appellant No. 1 Md. Alam under sections 9 (Kha) and 9(Ga) of the said Act and sentencing him to suffer rigorous imprisonment for 9 (nine) years and also to pay a fine of Taka 5000 (five thousand), in default, to suffer rigoro...... them and they are acquitted of the same and be set at liberty if not wanted in any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 298....... them and they are acquitted of the same and be set at liberty if not wanted in any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 298...Category: Women and Children | Date: 30 Apr, 2002 | Hits: 82
Abdul Kader Khan Vs. Rajshahi Co-operative Town Society Ltd, 2002, 31 CLC (HCD)
....245 of 1983. 2. Short facts leading to the disposal of this Rule are that the petitioner instituted the Rent Control Case No.245 of 1983 before the Controller against the opposite party with the prayer to make necessary repairing works and construction of room No.9 and also for taking proper me......Sadar, Rajshahi in (Rent Control) Miscellaneous Case No.245 of 1983. 2. Short facts leading to the disposal of this Rule are that the petitioner instituted the Rent Control Case No.245 of 1983 before the Controller against the opposite party with the prayer to make necessary repairing works and...... Sadar in (Rent Control) Miscellaneous Case No.245 of 1983 is confirmed. Send down the LCR to the Court concerned at once. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 633. ...... Sadar in (Rent Control) Miscellaneous Case No.245 of 1983 is confirmed. Send down the LCR to the Court concerned at once. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 633. ..Category: Tenancy Law | Date: 29 Apr, 2002 | Hits: 3
Delwar Hossain Vs. Rajiur Rahman Chowdhury and another, 2003, 32 CLC (AD).
....nder sections 466/420 of the Penal Code by his order dated 2‑5‑1995. Thereafter, the accused-petitioner voluntarily surrendered before the Chief Metropolitan Magistrate, Dhaka with a prayer for bail which was rejected by order dated 30‑5‑1995. ......cedure, 1898 (V of 1898), Section 561A Due to inducement the complainant paid money to the accused on the undertaking to repay as and when demanded. The accused issued cheques for repayment which were dishonoured, it is a prima-facie case of deception. Moreover there is no b...... interference. The criminal petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 58. ...... interference. The criminal petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 58. ..Category: Criminal Law | Date: 24 Apr, 2002 | Hits: 71
Chowdhury Mahmood Hasan and others Vs. Bangladesh and others, 2002, 31 CLC (HCD)
....l effect. After delivery of the judgment Mr. Rafiqul Huq, the learned Advocate for the respondent Nos. 6 and 8 prayed for staying the operation of the order for two weeks. Mr. Razzaq opposed the prayer. However, the operation of the order is stayed for ten days. Ed. This Case is also ......1. Judgment Md. Hamidul Haque J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the licensing agreement dated 9-3-99 signed by and between the Ministry of Information, the respondent No. 1 and Mr. AS Mahmud respondent No. 7 (Annexure-"F") and the ......the order for two weeks. Mr. Razzaq opposed the prayer. However, the operation of the order is stayed for ten days. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 537. ......the order for two weeks. Mr. Razzaq opposed the prayer. However, the operation of the order is stayed for ten days. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 537. ..Category: Information Technology Law | Date: 27 Mar, 2002 | Hits: 7
Shah Newaz Ebne Mostaque & ors. Vs. Shah Alam and others, 2003, 32 CLC (AD).
...., were duly substituted in Execution Case No. 70 of 1992. The heirs of decree‑holder filed an application for proceeding with the execution case and the Assistant Judge, Cox's Bazar allowed the prayer by his order dated 27‑5‑1992 and fixed 3‑6‑1992 for taking necessary ...... Md. Nawab Ali, Advocate‑on‑Record‑For the Petitioners Not represented‑The Respondents. Civil Petition for Leave to Appeal No. 993 of 1999. (From the judgment of the High Court Divis...... The petition is therefore dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 69. ...... The petition is therefore dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 69. ..Category: Procedural Law | Date: 4 Mar, 2002 | Hits: 99
....opposition. However the learned Assistant Attorney-General prayed for time and since no step was taken by the respondents since 30-10-99 and since only question of law was involved in the matter, the prayer for time was refused. But the learned Assistant Attorney-General did not make any further sub......tle permanently at his own district town in Faridpur and agreed to give the petitioner No.1 the said plot and actually gave the order of allotment and asked the petitioner No.1 to deposit the premium for the land to the State Bank of Pakistan at Dhaka. The entire price for the land was paid by the p...... 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.
...... 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.
..
Category: Property Law | Date: 12 Feb, 2002 | Hits: 28
Jaban Ali (Md) Vs. State, 2002, 31 CLC (HCD)
....t Md. Jaban Ali is directed against an order dated 19‑9‑2001 passed by the learned Nari‑o‑Shishu Nirjatan Daman Bishesh Adalat, Dhaka, in Nari‑o‑Shishu Mamla No. 154 of 2000 rejecting the prayer for bail of the accused appellant. 2. The prosecution case, in brief, is that the marria......aban Ali is directed against an order dated 19‑9‑2001 passed by the learned Nari‑o‑Shishu Nirjatan Daman Bishesh Adalat, Dhaka, in Nari‑o‑Shishu Mamla No. 154 of 2000 rejecting the prayer for bail of the accused appellant. 2. The prosecution case, in brief, is that the marriage of M...... any other case. The trial Court is at liberty to cancel the bail in case of any misuse of the privilege of bail by the accused appellant. Ed. This Case is also Reported in: 56 DLR (2004) 89....... any other case. The trial Court is at liberty to cancel the bail in case of any misuse of the privilege of bail by the accused appellant. Ed. This Case is also Reported in: 56 DLR (2004) 89...Category: Women and Children | Date: 10 Feb, 2002 | Hits: 79
State Vs. Abdus Samad @ Samad Ali, 2002, 31 CLC (HCD)
....dquo;Hukka” for the purpose of smoking tobacco and picked up a dao and struck dao blows on the shoulder of his father causing bleeding injuries when his father PW 2 was saying doa in his Magrib prayer. Thereafter he ran to the next room to attack PW 5 Rina and PW 9 Hamida Khatun, wives of the ......wife of his brother-in-law in the afternoon. Thereafter at the time of Magrib on the same date the condemned prisoner entered the south bhiti hut of his father at about 7-00 PM on the plea of looking for a “Hukka” for the purpose of smoking tobacco and picked up a dao and struck dao blow......f the matter, the Reference is rejected and the connected jail appeal is dismissed with the modification of sentence as stated above. Ed. This Case is also Reported in: 54 DLR (2002) 590. ......f the matter, the Reference is rejected and the connected jail appeal is dismissed with the modification of sentence as stated above. Ed. This Case is also Reported in: 54 DLR (2002) 590. ..Category: Criminal Law | Date: 2 Feb, 2002 | Hits: 115
M. Saleemullah Vs. State, 2002, 31 CLC (AD)
.... at the appeal stage before this Division and, as such, he expresses his sincere and bonafide remorse and tenders his unconditional apology and throws himself at the mercy before this Division with a prayer for exonerating him from the charge of the contempt of Court. We have heard the learned ......;………. Respondent Judgment January 29, 2002 The Contempt of Court Act, 1926 (XII of 1926), Section 2 The contempt petitioner expressed remorse before the Appellate Division and surrender to the mercy of the court and expressed unconditional apol...... unconditional apology and exonerating him from the charge of contempt of Court. The judgment and order passed by this Division on 23-7-1992 in Criminal Appeal No. 15 of 1989 is set aside. Ed. ...... unconditional apology and exonerating him from the charge of contempt of Court. The judgment and order passed by this Division on 23-7-1992 in Criminal Appeal No. 15 of 1989 is set aside. Ed. ..Category: Contempt of Court Law, Criminal Law | Date: 29 Jan, 2002 | Hits: 77
KM Obaidur Rahman Vs. State, 2003, 32 CLC (AD).
....onding to Lalbag PS Case No. 11(II) 75 under sections 120B/302/ 448/449/109/34 of the Penal Code. The High Court Division by judgment dated 22nd day of August, 2001 summarily rejected the appellant's prayer for bail. 2. The short fact leading to this petition is that this appellant was ......ground of his membership in the parliament………………….(9) (ii) A member of the parliament do not have the privilege of not appearing before the court of which he is an accused on bail on the ground that the parliament is in session.&n......ithout any excuse and in case of his failure the trial Court will be at liberty to cancel the bail and take the appellant into custody and proceed with the case in accordance with law. Ed. ......ithout any excuse and in case of his failure the trial Court will be at liberty to cancel the bail and take the appellant into custody and proceed with the case in accordance with law. Ed. ..Category: Criminal Law | Date: 1 Dec, 2001 | Hits: 83
Mahbubur Rahman and others Vs. Agrani Bank and another, 2003, 32 CLC (AD).
....led Miscellaneous Case No. 2 of 1999 under Order XXI rule 58(2) read with section 151 of the Code of Civil Procedure, when the case was taken up for hearing the petitioners sought adjournment but the prayer was rejected. Ultimately, as none appeared the Miscellaneous Case was dismissed. The petition......nbsp; Adjournment is entirely discretionary but the discretion must be exercised judicially. Adjournment cannot be allowed as a matter of course, even if both the parties asks for if or agree to it. No adjournment should be granted unless sufficient cause for the same is mad......ity in the impugned order. The petition is accordingly dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 61. ......ity in the impugned order. The petition is accordingly dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 61. ..Category: Procedural Law | Date: 19 Nov, 2001 | Hits: 101
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