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Bangladesh Telegraph and Telephone Board Vs. Lithi Enterprises Limited, 1997, 26 CLC (AD)
.... while it self submitting to arbitration not only once but twice before the learned subordinate judge, in that context prayer for fresh arbitration is not tenable…………(13) Misconduct on the part of the arbitrators may be a ground for setting aside the award but as because no such plea has ......e appeal is not well founded and liable to be dismissed. In the result, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 63. ..Category: Alternative Dispute Resolution | Date: | Hits: 234
Abdul Jalil and others Vs. Sharon Laily Begum Jalil, 1997, 26 CLC (AD)
....d under the law to return the children to the lawful custody petitioner (mother). According to established law, it is in the interest and welfare of the children to be in the custody of their mother, particularly in view of the fact that respondent No.1 was prone to recurring violence and abuse and ......Court concerned, the British High Commission at Dhaka and the Ministry of Home Affairs (for attention of the immigration authorities). Ed. This Case is also Reported in: 50 DLR (AD)(1998) 55. ..Category: Family Law | Date: | Hits: 250
Jahanara Begum Vs. Md. Aminul Islam Chowdhury and others, 1997, 26 CLC (AD)
....bainapatra dated 31-3-73 and promised to execute and register the deed within 6 months. The defendants in all received Taka 9,500.00 Out of Taka 10,000.00 and delivered possession of the suit land in part performance of the contract but the defendants did not execute and register the sale, deed. Ult......id provision of law. Consequently, the appeal is dismissed without any order as to costs and the suit is decreed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 52; 2 MLR (AD) 112. ..Category: Property Law | Date: | Hits: 86
Utpal Kanti Das Vs. Monju Rani Das, 1997, 26 CLC (AD)
....ersing those dated 18 January 1992 passed by the Family Court, Saturia dismissing Family Court Case No.8 of 1991 brought by the plaintiff and respondent Monju Rani Das for her maintenance. 2. The parties to the suit both belong to the Shudra caste of Hindu community. The plaintiff claimed mainte......ance of any of the essential ceremonies, such as Saptapadi. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 47. ..Category: Family Law | Date: | Hits: 212
Bangladesh Vs. Shafiuddin and Others, 1997, 26 CLC (AD)
.... Articles 27 & 29 (iii) Allocation of 40% marks for interview in the context of the situation obtaining in our country and in the context of the finding that the guidelines were arbitrarily departed from, was lopsided and was capable of being used arbitrarily and that 15% marks for interview......d. In view of our decision as above the three applications for being added as parties to the appeals are rejected. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 27, 3 BLC (AD) 6. ..Category: Constitutional Law | Date: | Hits: 185
State Vs. Raihan Ali Khandker and others, 1997, 26 CLC (AD)
....orroborated opinion of handwriting and fingerprint expert. We do not find any ground for interfere. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 23. ......aid property left behind by Mojahar Ali to accused-respondent No. 1 Md. Raihan Ali Khonder. 3. The learned Magistrate referred the complaint petition to the District Bureau of Anti-Corruption for investigation and report fixing 28-2-87 for the next date of the case. On 28-2-87, PW 11 prayed for ..Category: Procedural Law | Date: | Hits: 120
Islam Steel Mills Ltd. Vs. Nirman International Ltd. and others, 1998, 27 CLC (AD)
.... of Civil Procedure, 1908 (V of 1908) Order XXXVIII rules 5-10 The main consideration is that the power of attachment of property before judgment being an extraordinary power of interfering with a party’s right to use and enjoy its own property before any decree is passed, the Court should be v...... trying to withdraw bills from the Bangladesh Bank to defraud the plaintiff and to frustrate the suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 21. ..Category: Procedural Law | Date: | Hits: 134
Bangladesh Bar Council Vs. Khawja Abdul Gani and another, 1997, 26 CLC (AD)
.... of the Bangladesh Bar Council is against the judgment and order dated 27-11-94 passed by a Division Bench of the High Court Division in first Miscellaneous Case No. 80 of 1994 allowing the appeal in part and substituting an order of reprimand in place of an order made by Tribunal No. 1 constituted ......ent case, although offence of this nature is not compoundable. Consequently, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 18. ..Category: Others | Date: | Hits: 105
Moslemuddin (Md) and others Vs. Md. Jonab Ali and another, 1997, 26 CLC (AD)
....by Sharifuddin Chaklader, Advocate-on-Record — For the Respondent Nos. I(I), (II), (V) and (VII). Shamsul Haque Siddique, Advocate-on-Record—For the Respondent No. 2. Ex parte—Respondent Nos. 1(III), (IV) and (VI). Civil Appeal No. 23 of 1992. Judgm......ng with the judgment of the appellate Court, which we uphold. This appeal is, accordingly, dismissed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 13; 17 BLD (AD) 328. ..Category: Property Law | Date: | Hits: 88
Al-Haj Abul Basher Vs. Bangladesh and others, 1997, 49 CLC (AD)
....y Act, 1948. According to the petitioners, their land remained unutilized for the last 26 years by the CDA. In the meantime, the petitioners came to know from the Inter Ministerial Communications and particularly from Annexure “B” dated 30-8-84 that the Ministry of Land Administration gave a gen......same cannot be said to be arbitrary, unfair and illegal. For the reasons stated above, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 11, 1997 BLD (AD) 321. ..Category: Property Law | Date: | Hits: 81
Azizur Rahman alias Md. Azizur Rahman Vs. Bangladesh, 1997, 26 CLC (AD)
....ference, can exercise such jurisdiction which will not be without jurisdiction and void ab initio. 11. Khandker Mahbubuddin Ahmed submits that this practice will lead to a floodgate. Unscrupulous parties will be tempted to make out a case of urgency and they will invite interference from the Sin......beginning of this judgment to be in the positive, namely, that there is jurisdiction to interfere, the appeals arc dismissed. No costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 8. ..Category: Procedural Law | Date: | Hits: 138
Giasuddin (Md) Vs. MV Forum Power and ors, 2001, 30 CLC (AD)
.... The Customs Act, 1969 (IV of 1969), sections 64, 66 & 67 Provisions of sections 64, 66 & 67 of the Customs Act have no manner of application in case of supply of spare parts, machineries, provision and necessaries to a vessel in distress. There is no legal bar in the......realisation of Taka 11,59,882.25 with cost against the defendant respondent Nos. 1-5 as prayed for. Ed. This Case is also Reported in: 53 DLR (AD) (2001)19 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 202
Abdul Jalil and others Vs. Islamic Bank Bangladesh Ltd and others, 2000, 29 CLC (AD)
....e short fact leading to this petition is that the petitioners as plaintiffs earlier instituted Title Suit No. 177 of 1994 in the Court of the Subordinate Judge, Dhaka for declaration of the title and partition of the suit properties. That suit on contest was dismissed by the trial Court which decree......rrect appreciation of both law and fact. There is therefore no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 12. ..Category: Property Law | Date: | Hits: 101
Shahid Miah Vs. State, 2000, 30 CLC (AD)
....bmitted a final report and prayed for proceeding under section 211 of the Penal Code against the informant. The accused petitioner thereafter left for Bangladesh and was living in England since his departure. The informant filed an application on 23-8-1998 in the Court of Nari-o-Shishu Nirjatan Adal......d took her behind the shop of accused Shohid Miah and she was raped by accused- petitioner. She raised hue and cry and witnesses went to the place of occurrence and the accused fled away. Police upon investigation submitted a final report and prayed for proceeding under section 211 of the Penal Code..Category: Criminal Law | Date: | Hits: 109
Hosne Ara Begum and another Vs. Islami Bank Bangladesh Limited, 2000, 29 CLC (AD)
....1993 respondents filed an application for recalling PW 1. The prayer was allowed. After closure of the evidence the case was fixed for argument on 7-8-1993. Again on 28-2- 1994 the case was argued in part and it was adjourned to 9-3-1994 for further argument. Thereafter ultimately argument was concl......ory power under Article 109 of the Constitution is not available. For the following reason stated above, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 9. ..Category: Business or Commercial Law | Date: | Hits: 148
Mahmudul Islam alias Ratan vs. State, 2000, 29 CLC (AD)
....witnesses who testified about the presence of that witness cannot be discarded for non-seizure of blood-stained wearing apparel of that witness specially when presence of the accused person and their participation in the occurrence was established in the cross-examination of the witnesses by the def......ge of the High Court Division. Let a copy of this judgment be transmitted to the author Judge of the High Court Division forthwith. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 1. ..Category: Criminal Law | Date: | Hits: 108
State Vs. Nurul Islam, 2006, 35 CLC (AD)
....esh Ali kabiraj of village Putia, Police Station Bhedorganj, District, Shariatpur be arrested immediately and then enlarged on bail to the satisfaction of the Deputy Commissioner Concerned. Ed ......sence of witnesses and thereafter lodged the aforesaid FIR on his return to the Police Station. Accordingly, Dhamodya Police Station Case no. 6 dated 11-1-93 was started. 4. Police after investigation submitted charge sheet against the accused respondent under Section 19(A) of the Arms ..Category: Criminal Law | Date: | Hits: 106
Syed S.M. Hasan Vs. Bangladesh, 2002, 31 CLC (AD)
.... out from the second group would also apply with equal or perhaps better force for the appellant and 12 others left out from the first group and as such the Finance Minister's recommendation was partial and discriminatory for not including the names of 13 persons including the......le of equity and good conscious. In the result, this appeal is dismissed without an order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 76. ..Category: Administrative Law | Date: | Hits: 130
Agrabad Hotel Ltd. & another Vs. Revenue Deputy Collector, Cox's Bazar & others, 2006, 35 CLC (AD)
....ny was directed to deposit Tk. 3,53,335/- by letter dated 24th April, 1986. Accordingly the Company deposited the entire money and a registered deed of lease dated 19.06.1986 was executed between the parties. The appellant took possession of the land and started the construction of the proposed 5-St......e discussions made above, we are of the view that the High Court Division was not justified in discharging the Rule. The appeal is, accordingly, allowed. No order of cost. Ed. ..Category: Property Law | Date: | Hits: 127
Hriday Ranjan Dey & another Vs. Niranjan Dey and others, 2002, 31 CLC (AD)
.... Lawyers Involved: Abdus Salam Khan, Senior Advocate, instructed by Wahidullah, Advocate-on-Record- For the Appellants. Sharifuddin Chaklader, Advocate-on-Record- Respondent Nos. 1-6. Ex-parte- Respondent No.7-8. Civil Appeal No.92 of 1999. (From the Judgment and Order dated 27-......he High Court Division are set aside and those of the learned District Judge duly affirming those of the learned Munsif are restored. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 16. ..Category: Procedural Law | Date: | Hits: 112