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.... as contemplated in the arbitration clause of the agreement. In the event of failure of the Chief Engineer to appoint an arbitrator or arbitrators in the instant case the respondent had no other alternative but to appoint Mr. Justice Sultan Hossain Khan as their arbitrator and notified the appe......ard to the Arbitrator to subtract certain amount from the amount given in the award but they did not attack the award on the ground of misconduct. Mr. Pal further submits that it is apparent from the prayer made by the appellant in their written objection that they had submitted to the jurisdic..
Category: Alternative Dispute Resolution | Date: 4 Apr, 1996 | Hits: 10
Khairunnessa Vs. Illy Begum and another, 1996, 25 CLC (AD)
.... the criminal case, GR Case No. 87 of 1994 arising out of Balaganj Police Station Case No. 3 dated 8th October, 1994. Ed. This case is also reported in:48 DLR (AD) (1996) 67; 1996 BLT (AD) 112. ......currence and produced her before the learned Magistrate on 30-11-1994. On the following day the victim was again produced in Court when the appellant prayed for the custody of the victim girl but her prayer was rejected and a direction was given for recording the statement of the victim girl by a Ma..Category: Women and Children | Date: 31 Jan, 1996 | Hits: 56
Jasimuddin (Md.) and 2 Others Vs. Md. Humayun Kabir, 1995, 24 CLC (HCD)
....the matter even in spite of laches of the petitioners to move the Sessions Judge for appropriate relief or even in spite of their submission to the jurisdiction of the learned Magistrate we have no alternative but to quash the proceedings in question. In the result, the Rule is made absolut......gs in question. In the result, the Rule is made absolute and proceedings of Petition Case No.253 of 1993 is quashed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 578. ..Category: Procedural Law | Date: 28 Aug, 1995 | Hits: 3
Sirajudullah and others Vs. State and others, 1995, 24 CLC (HCD)
....e impugned order or for ends of justice. In the result, the Rule is discharged. The order of stay passed earlier is hereby vacated. Ed. This Case is also Reported in: 48 DLR (1996) 76. ...... and 10 days after the impugned order, long after the limitation period of 60 days. Even then no statement been made in the petition explaining the delay in filing this revisional application nor any prayer for condition of the delay was made nor any order for condoning the delay was obtained from t..Category: Criminal Law | Date: 1 Aug, 1995 | Hits: 109
Maulana MA Mannan and 2 Others Vs. State, 1994, 23 CLC (HCD)
....shan PS Case No.23 (9) 88 against the petitioners are hereby quashed. Send a copy of the order to the Court below at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 218. ......ing before the learned Chief Metropolitan Magistrate for submission of the sanction order and charge‑sheet. A number of dates were fixed for submission of the sanction order, but ultimately, on the prayer of the investigation officer the accused‑petitioners were discharged by the learned Additio..Category: Anti-Corruption Laws | Date: 22 Nov, 1994 | Hits: 187
MA Malik Vs. State, 1994, 23 CLC (HCD)
....al, the operation of this order remains stayed for a week and the prosecution must see that in the mean time the petitioner is not arrested. Ed. This Case is also Referred to: 48 DLR (1996) 18. ......ore him the learned Magistrate would be embarrassed or prevented from giving relief. 11. Mr. Amirul Kabir Chowdhury, the learned Deputy Attorney‑General, on the other hand, seriously opposes the prayer for bail and submits that earlier applications for the same purpose having been rejected the ..Category: Women and Children | Date: 28 Aug, 1994 | Hits: 97
Sadaruddin Ahmed Chisty Vs. Government of Bangladesh and others, 1994, 23 CLC (HCD)
....8.12.93, so far it relates to the aforesaid two books, is set aside. As regards other six books; the order of 8.12.93 is hereby sustained. Ed. This Case is also Reported in: 48 DLR (1996) 39. ......করিতেই হইবে ইহাও ভুল কথা”। "These writings of this book really injured and insulted the religious belief of the Muslims in view of the fact that to say prayer in a Jamat is also religious sanction as well as the Muslims believe that if they can say pra..Category: Others | Date: 16 Aug, 1994 | Hits: 134
Sirajul Islam Vs. Helana Begum and others, 1994, 23 CLC (HCD)
....for the Purposes of adjudication of these matters follows as a necessary corollary therefrom. The mere fact the a neglected wife has been hesitant in promptly coming to the Court or has been pursuing alternative remedies out of Court cannot in all fairness, be so construed as to deprive her of the r......f appeal below and it is affirmed. Accordingly, the rule is discharged without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (1996) 48. ..Category: Family Law | Date: 27 Jul, 1994 | Hits: 196
Sonali Bank Vs. Ali Tannery Ltd. and others, 1994, 23 CLC (HCD)
....aintiff is allowed and the counter claim is rejected. In view of the facts and circumstances of the case there will be no order as to cost. Ed. This Case is also Reported in: 48 DLR (1996) 57. ......ank, Agrabad Branch, Chittagong filed the aforesaid money suit for realisation of an amount of Taka 1, 98, 48,632.70 being the principal amount of loan including interest as on 31.1.88 with a further prayer of pendente lite interest @ 20% per annum on and from the date of filing till the realisation..Category: Banking Law | Date: 25 Jul, 1994 | Hits: 191
Abul Kashem and others Vs. State, 1994, 23 CLC (HCD)
....uddin Ahmed be set at liberty forthwith if not wanted in connection with any other case. Send down the case record at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 573. ......n. To the south‑west of his house is the house of accused Giasuddin. P.W.2 Ful Banu, eldest daughter of P.W.1, states that on Sunday Shahnaz came and called away Morium to their house. After magrib prayer she went to call Morium when Shahnaz and wife of accused Giasuddin said that Morium would sta..Category: Women and Children | Date: 3 Jul, 1994 | Hits: 36
Shankar Chandra Das and others Vs. Kalachand Das, 1994, 23 CLC (HCD)
....ceby this court. In view of the above, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 419 ...... the plaintiff has been possessing the suit land. That the defendant opposite party No. 1 is the younger brother of the plaintiff and that the defendant had no house of his own in the town and on his prayer, the plaintiff allowed the defendant to stay in the northern bhiti Gulpata hut measuring 8 x5..Category: Property Law | Date: 17 May, 1994 | Hits: 3
....fairs as its convener and the Joint Secretary of Ministry of Establishment and/or Secretary from the Ministry of Law and Justice and the Director of Public Service Commission as Members, there was no alternative for the respondents but to send the matter to the President for approval according to la......e Chief Martial Law Administrator dated 15.12.1982 the sentence was remitted. Thereafter the petitioner made a representation to the respondent No.1 for his re‑instatement in his service. While the prayer for re‑instatement was in process the petitioner was served with Memo No. 83‑1 MN (IV) da..
Category: Administrative Law | Date: 28 Apr, 1994 | Hits: 1
Bangladesh Vs. Md. Lokman Patwari and another, 1994, 23 CLC (AD)
....oved as a result of such proceedings, or until the suspension is withdrawn or until a new Chairman is elected for the Union Parishad. (2) .......................................... 9. Three alternative circumstances provide the occasion for the government to exercise the power of suspensio......ferred by respondent No.5 for leave to appeal from the impugned judgment and order of the High Court Division is also dismissed. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 163. ..Category: Election Law | Date: 19 Apr, 1994 | Hits: 133
Samarendra Nath Roy Chowdhury Vs. Abdul Jabbar and others, 1994, 23 CLC (HCD)
.... it would permit a new case to be made out on a distinct cause of action. But conversion of a suit for specific performance of contract into one for damages for breach of contract or amendment in the alternative for refund of earnest money or in a suit for exclusive title, amendment for alternative ......riginal owner, but at a very late stage sought to amend their pleadings that the defendant No. 1 took settlement of the suit premises on permanent basis on payment of salami. In both these cases, the prayer for amendment of the pleadings was refused. (b) Where it is made at a stage when it will..Category: Civil Law, Procedural Law | Date: 11 Apr, 1994 | Hits: 1
Zakir Hossain (Md.) @ Jakir Hossain Vs. State, 1994, 23 CLC (HCD)
....a and Azad who are already on bail granted by this Court be discharged from their bail bonds. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 287, 14 BLD (HCD)(1994) 509 ......ences is to procure evidence against other accused persons when prosecution is faced with the difficulty of gathering evidence to bring home the charge against them. In the instance case there was no prayer on the part of the prosecution to pardon accused Nurul Islam and to treat him as an accomplic..Category: Criminal Law, Women and Children | Date: 8 Mar, 1994 | Hits: 1
.... certified copy of the decree before the executing court after its correction.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 199
......lf. There is no clerical or arithmetical mistake or omission or slip as emphasised under section 152 of the Code of Civil Procedure. So, the trial court rightly rejected the plaintiff's prayer for amendment of the judgment.
25. We have carefully heard the learned Advocates of both..
Category: Civil Law, Property Law | Date: 24 Feb, 1994 | Hits: 1
Golam Moula Master and others Vs. State, 1994, 23 CLC (HCD)
....or the petitioner is permitted to take back the certified copies of the annexures after furnishing the photocopies of the same. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 140. ......se of the trial, and if she is found below the age of 16, the learned Sessions Judge may take step for her separate trial in a Juvenile Court. 18. With these observations we find no force in the prayer for quashing the proceeding. In the result, the Rule is discharged and the order of stay is v..Category: Criminal Law | Date: 3 Feb, 1994 | Hits: 2
Redwan Ahmed Vs. Election Tribunal District Judge and others, 1994, 23 CLC (HCD)
.... expeditiously. Let a copy of the order be sent to the Election Tribunal expeditiously. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 248 ...... 2 prayed for calling for the election materials and recounting of the ballot papers. Election Tribunal by order dated 21.5.91 called for the election materials and by order dated 6.6.91 decided that prayer for recounting of the ballot papers will be considered after recording the evidence of the wi..Category: Election Law | Date: 25 Jan, 1994 | Hits: 2
SM Wadud Vs. Principal Secretary, Presi¬dent Secretariat and others, 1994, 23 CLC (HCD)
.... In the result, the Rule is made absolute in the light of observation made above without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 251 ......pear before the Review Committee on 30.1.1985 and accordingly, he sent a telegram to the Member Secretary of the Review Committee and thereafter an application was sent to the Member Secretary with a prayer for time stating the reasons for his inability to move and to appear before the Review Commit..Category: Administrative Law | Date: 16 Jan, 1994 | Hits: 1
....y letter dated 11.7.68 requested the Chief Commercial Manager (Claims) of defendant No. 2 to enquire about the matter and arrange delivery of the goods but without any reply and then finding no other alternative the plaintiff served a legal notice upon the defendant No. 2 on 5.10.68 but without any ......judgment and decree passed by the trial Court is hereby affirmed.
Send down the LR Records at once.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 254
..
Category: Contract Law | Date: 13 Jan, 1994 | Hits: 3
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