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Shah Alam Patwari (Md) Vs. Md. Siddiqur Rahman Bhuiyan and others, 2001, 30 CLC (HCD)
....f status quo granted at the time of issue of the above Rule on 24-06-2001 is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 53 DLR (2001) 390. ......ana Delwar Hossain Saydee Vs. Sudhanshu Shekhar Halder and others, 52 DLR (AD) 20. 10. Mr Shafique Ahmed, the learned Senior Counsel appearing for the election-petitioner, submits that even if the questioned ambiguous votes are not excluded and added to the valid votes of respective candidates, t......certain ballot papers as being unambiguous or having been otherwise invalid and accepted those which were unambiguous following the provision of rule 40 (3) (b) of the Rules, 1973.” In the above facts and circumstances and in view of the law, the exclusion of 309 votes as invalid from the total..Category: Election Law | Date: | Hits: 79
National Sports Council Vs. A Latif and Company, 2001, 30 CLC (HCD)
....rty made under section 8(2) of the Arbitration Act is rejected. Order of stay granted at the time of issue of the Rule is hereby re-called. Ed. This Case is also Reported in: 53 DLR (2001) 386. ......me any jurisdiction under the section. 10. Relevant portion of the arbitration agreement as contained in clause 50 of the contract in the instant case is as hereunder: 50. “If at any time any question, dispute or difference shall arise during the progress or after the completion of the work ...... existed any arbitral dispute or difference for reference. Nor the order appears to have taken consent of the petitioner for appointment of one as their arbitrator. The order does neither reflect the facts or circumstances of the case nor is backed by any reason. The order was passed in slip-shod ma..Category: Alternative Dispute Resolution | Date: | Hits: 186
Resource International Vs. MV Sargodha and others, 2001, 30 CLC (HCD)
....sted by this Court due to the default of the defendants and consequently, the counter-claim is not entertainable and the same is dismissed. Ed. This Case is also Reported in: 53 DLR (2001) 381. ......t Authority and the consignee’s C&F agent and thus the defendants are not responsible for the alleged damage as claimed by the plaintiff. It is the case of the defendants that the containers in question were discharged by the carrier at the port of Chittagong with the seal intact. The defendan......g circles to mean that the carrier was not associated with the stuffing of the container which was exclusively done by the shipper. In the face of such bill of lading the carrier need not prove these facts unless rebutted. It has only to establish that such sealed container was properly and carefull..Category: Admiralty Law or Maritime Law | Date: | Hits: 214
....n the above facts and circumstances we find no merit in this Rule.
In the result, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 7.......tice to hold a second bid is arbitrary, malafide and without lawful authority.
2. Respondent No.1 has been contesting the Rule denying material allegations and stating, inter alia, that the bid in question relates to a commercial contract and, as such, writ petition is not maintainable, that the ......ncil, reported in (1995)1 All ER 73 is regarding closure of local authority home for the elderly persons. Observations regarding legitimate expectation in those two cases manner of application in the facts and circumstances of the case before us regarding award of a contract for of buildings. On the..
Category: Civil Law | Date: | Hits: 92
Anwar Karim and others Vs. Bangladesh Bank and others, 1999, 28 CLC (HCD)
....lity of respondent No. 5 under the borrower code No.9187 is declared to have been made without lawful authority and of no legal effect. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 1. ......have been made without any lawful authority and of no legal effect. 2. Learned Advocate for the petitioners after placing the petition and other materials on record submitted that when the loan in question was taken by the respondent No.5 company petitioners were not its directors and before they......ip of the respondent No.5 borrower company are not valid for their failure to obtain consent of the Board of Directors of the creditor bank under the provisions of section 27Ka of the said Act in the facts and circumstances of the case and reasons stated above inclusion of their names in the CIB rep..Category: Banking Law | Date: | Hits: 121
Oram Limited Vs. Commissioner of Customs Excise and VAT Commissionerate, Dhaka, 2000, 29 CLC (HCD)
....28,688.00 for the period from August, 1995 to May, 1997 are declared to have been made without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 53 DLR (2001) 373. ......de declaration in August 1995 and as such had no authority to fix any price from August 1995, more so, after the expiry of the time limit prescribed in proviso to rule 3(3) of the VAT Rules 1991. The questions raised in the writ petition are whether the VAT authority can refix the basis of price ret......AT Act and hence the writ petition is not maintainable in law. 6. An affidavit-in-reply has been filed by the petitioner to the affidavit-in-opposition filed by the respondent No.1 reiterating the facts stated in the writ application and stating further that there was no basis before the responde..Category: Fiscal/Taxation Law | Date: | Hits: 91
Abdur Rahman and others Vs. Md Shamsul Huq and others, 2000, 29 CLC (HCD)
....ept on emergent ground. The office is directed to send a copy of the order at once to the Court of the learned District Judge, Mymensingh. Ed. This Case is also Reported in: 53 DLR (2001) 364.......But this is yet a proceeding and section 153 of the Code of Civil Procedure provides the general power to amend any defect or error in any proceeding in a suit for the purpose of determining the real question or issue raised by or depending on such proceeding. This general power of amendment under s...... the purpose of determining the real question or issue raised by or depending on such proceeding. This general power of amendment under section 153 of the Code of Civil Procedure is applicable in the facts of the case before us. The learned District Judge has not considered the prayer for amendment ..Category: Procedural Law | Date: | Hits: 86
Meghna Petroleum Marketing Co. Ltd. and others Vs. MF Limited and others, 2001, 30 CLC (HCD)
....No.274 of 1980 stands dismissed. The parties are directed to bear their respective costs although. Sand down the LC Record immediately. Ed. This Case is also Reported in: 53 DLR (2001) 368.......ashava but they were not required to pay octroi for petroleum supplied out side Khulna Pourashava. The learned Third Court of Sub Judge. Dhaka decreed the suit. Hence, this appeal. 9. The material question that was for considering before the Subordinate Judge, whether the plaintiffs were entitled......duced only one DW Abul Fateh Md. Zakaria Depo super in-charge of defendant’s No.1 and 2. He is an Aeronautical Engineer, but did not produce papers. The learned Subordinate Judge, after considering facts, circumstance as well as evidence on record decreed the suit, in full. 12. Now the only iss..Category: Fiscal/Taxation Law | Date: | Hits: 91
Md. Rana Vs. State, 2010, 39 CLC (AD)
....n behalf of the petitioner merits no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 629, 15 MLR (AD) (2010) 173, VIII ADC (2011) 899.......both in the FIR and also in the deposition of the informant. The petitioner after obtaining bail absconded and did not appear in Court during the trial, as such, it is now too late to rise said the question when it is accepted by the Trial Court. Besides, the informant and his companion who were a......uffer rigorous imprisonment for a period of 10 (ten) years and also to fine an amount of Tk. 10,000/-, in default to suffer rigorous imprisonment for a further period of 1 (one) year more. 2. The facts of the prosecution case, in brief, are that while Md. Asaduzzaman and Md. Shafiqul Islam were ..Category: Criminal Law | Date: | Hits: 39
Md. Mansur Rahman Vs. Abdul Mannan Sardar and others, 2009, 38 CLC (AD)
....ly. In the facts and circumstances of the case, we do not find any merit in the application. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 623.......he Code of Civil Procedure was not entertainable on this Court also. 6. However, considering the above facts and circumstances we find that there was no scope for setting aside the auction sale in question on the prayer for the respondent No.1 made long 3 years after the impugned auction sale. ......ated 28.10.2007 passed in Money Execution Case No. 142 of 2000 by the Artha Rin Adalat, Bogra upholding the auction-sale. 5. The High Court Division arrived at its decision on consideration of the facts and circumstances of the case observing, amongst others, the following: "The respondent No...Category: Civil Law | Date: | Hits: 79
Haji Nurul Islam Vs. Maina Miah and others, 2010, 39 CLC (AD)
....rder passed by the High Court Division and hence we do not find any merit in the leave petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 620. ......rder passed by the High Court Division and hence we do not find any merit in the leave petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 620. ......se as per report of the writ respondent No.6 and in the light of the judgment and order dated 21.05.2007 passed by the High Court Division in disposing of the Writ Petition No.7347 of 2005. 3. The facts, in short, are that two applicants, namely, Sunamganj Bus Minis Bus Micro Bus Malik Group an..Category: Others | Date: | Hits: 74
Abdur Rashid alias Abdur Rasheed Vs. Judge, Artha Rin Adalat No.1, Chittagong, 2009, 38 CLC (AD)
..... We find that the High Court Division committed no illegality in discharging the Rule. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 611.......cord. 10. It appears that the High Court Division considered the prayer of the petitioner and having considered the admission of the petitioner that he has no property at all rightly held that the question of realization of the decreetal amount as per sub-section (9) of Section 34 of the Artha Ri...... arising out of Order No.60 dated 19.07.2004 issuing warrant of arrest against the petitioner in Money Execution Case No. 196 of 2003 passed by the Judge, Artha Rin Adalat No.1, Chittagong. 2. The facts, in short, are that the petitioner filed the writ petition being Writ petition No. 5765 of..Category: Civil Law | Date: | Hits: 77
Md. Alimuddin and others Vs. Alhaj Md. Abu Daud, 2010, 39 CLC (AD)
.... rightly held that there was no illegality in decreeing the suit. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 608. ...... rightly held that there was no illegality in decreeing the suit. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 608. ......smissing the appeal and affirming the judgment and decree dated 29.04.2004 passed by the learned Senior Assistant Judge, 1st Court, Gazipur in Title Suit No. 230 of 2001 decreeing the suit. 2. The facts, in short, are that the respondent as plaintiff filed Title Suit No. 230 of 2001 against the..Category: Property Law | Date: | Hits: 36
Md. Helal Uddin and others Vs. M. A. Jakir and another, 2010, 39 CLC (AD)
....rightly affirmed the judgments of the Courts below. We, therefore, find no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 604.......s Case No.9 of 1998 in the 1st Court of the learned Senior Assistant Judge, Gazipur for pre-emption of the case land claiming as co-sharers. The case of the pre-emptors, in short, is that the land in question appertained to C.S. Khatian No. 362 of S.A. Khatian No.651, Plot No.1432 measuring an are......rightly affirmed the judgments of the Courts below. We, therefore, find no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 604...Category: Property Law | Date: | Hits: 22
Md. Ahia Vs. Md. Azimuddin and others, 2010, 39 CLC (AD)
....judgment of the appellate court which was the last court of fact. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 600. ......judgment of the appellate court which was the last court of fact. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 600. ......f 2001 allowing the appeal and reversing those dated 09.10.2001 passed by the learned Joint District Judge, 1st Court, Meherpur in Title Suit No. 3 of 1999 decreeing the suit on contest. 2. The facts, in short, are that the petitioner as plaintiff instituted a suit for specific performance o..Category: Property Law | Date: | Hits: 25
Md. Mafiz and others Vs. Bangladesh, 2010, 39 CLC (AD)
....ent and order dated 16.06.2008 recorded by the High Court Division in Civil Revision No. 2102 of 1995 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 598.......ent and order dated 16.06.2008 recorded by the High Court Division in Civil Revision No. 2102 of 1995 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 598.......Division in Civil Revision No.2102 of 1995 making the Rule absolute remanding the suit to the Court of Appeal below for holding fresh trial in the light of observation made in the judgment. 2. The facts involved in the case, in short, are that Patuakhali Thana premises P.D.S. Maidan and also to t..Category: Property Law | Date: | Hits: 31
Joynal Abedin Vs. Ali Azam Saibal and others, 2010, 39 CLC (AD)
....t of appeal below. I find no merit in the contention of the learned counsel for the petitioner. The application is therefore, dismissed. Ed. This Case is also Reported in: VII ADC (2010) 590.......led to prove the deed as forged and fabricated one. The learned counsel further contended that the learned Single Judge of the High Court Division erred in law in failing to consider that the deed in question was registered before the amendment of Section 28 of the Registration Act and therefore, th......t of appeal below. I find no merit in the contention of the learned counsel for the petitioner. The application is therefore, dismissed. Ed. This Case is also Reported in: VII ADC (2010) 590...Category: Property Law | Date: | Hits: 21
Government of Bangladesh Vs. Md. Atiar Rahman Khan and others, 2010, 39 CLC (AD)
.... is condoned. Preparation of the paper book is dispensed with as prayed for. The petitioner is permitted to add additional ground. Ed. This Case is also Reported in: VII ADC (2010) 587....... the judgment and order of the Court of appeal below am maintaining the order of the trial court in failing to notice that a plaint can not be rejected on the plea of res judicata which being a mixed question fact and law, the said issue can only be decided on evidence. The learned Additional Atto...... is condoned. Preparation of the paper book is dispensed with as prayed for. The petitioner is permitted to add additional ground. Ed. This Case is also Reported in: VII ADC (2010) 587...Category: Limitation Law | Date: | Hits: 149
National Board of Revenue Vs. Dulal Chandra Bhoumik, 2009, 38 CLC (AD)
....vision in Writ Petition No.8835 of 2008 is stayed till disposal of the appeal. The petitioners are permitted to add additional grounds. Ed. This Case is also Reported in: VII ADC (2010) 584. ......vision in Writ Petition No.8835 of 2008 is stayed till disposal of the appeal. The petitioners are permitted to add additional grounds. Ed. This Case is also Reported in: VII ADC (2010) 584. ......e Rule absolute and directing the respondents to assess the customs duty and other charges and release the petitioner's imported goods on payment of customs duties, taxes and other charges. 2. The facts, in short, are that the writ petitioner filed the aforesaid writ petition before the High Co..Category: Fiscal/Taxation Law | Date: | Hits: 73
....o prepare paper books out of Court in accordance with Rules.
The order of stay granted earlier is extended till disposal of the appeal.
Ed.
This Case is also Reported in: VII ADC (2010) 577.
......o prepare paper books out of Court in accordance with Rules.
The order of stay granted earlier is extended till disposal of the appeal.
Ed.
This Case is also Reported in: VII ADC (2010) 577.
...... by the learned Additional District Judge, Naogaon in Title Appeal No.147 of 1997 reversing those dated 04.06.1997 passed by the Subordinate Judge, 3rd Court, Naogaon in decreeing the suit.
2. The facts involved in the case, in short, are that the land of lot No.1 of 'Ka' schedule land of the p..
Category: Property Law | Date: | Hits: 58
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