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Coal Controller Vs. Ventura Industries Ltd, 1991, 20 CLC (HCD)
....hen the court passed the order on 11.8.90 there were a number of letters written by one of the parties to the contract for appointment of an arbitrator to refer the dispute to the arbitrator and even prior to that filing of the miscellaneous case under section 41(b) of the Arbitration Act the Ventur...... Court, Dhaka where the application under section 8 is pending. The connected Civil Rule being No. 269 (fm) of 1990 is discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 5 ...... Court, Dhaka where the application under section 8 is pending. The connected Civil Rule being No. 269 (fm) of 1990 is discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 5 ..Category: Arbitration Law | Date: 5 Feb, 1991 | Hits: 5
Mirza Ali Ashraf Vs. State, 1991, 20 CLC (HCD)
....tension by Annexure 'C' dated 24.2.97 and 23.5.97 respectively to the petition are declared to have been made without any lawful authority. Ed. This Case is also Reported in: 43 DLR (1991) 144. ......tension by Annexure 'C' dated 24.2.97 and 23.5.97 respectively to the petition are declared to have been made without any lawful authority. Ed. This Case is also Reported in: 43 DLR (1991) 144. ......pecial Original Jurisdiction) Present: Md. Abdul Jalil J Qazi Shafluddin J Mirza Ali Ashraf..................................Petitioner Vs. The State, represented by the Secretary, Ministry of Home Affairs, Government of Bangladesh and others ..........................Respondents...Category: Banking Law | Date: 3 Feb, 1991 | Hits: 184
Bangladesh Inland Water Transport Corpn & ors Vs. Nazma Flour Mills Ltd. & others, 1991, 20 CLC (AD)
....se under section 73 of the Evidence Act. We find no substance in this appeal and it is, accordingly, dismissed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 122. ......se under section 73 of the Evidence Act. We find no substance in this appeal and it is, accordingly, dismissed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 122. ......he plaintiffs to sell the suit land at actual cost price the plaintiffs rejected that offer by their letter dated 25.11.1987. Defendant No.1 thereafter with malafide intention requested the concerned Ministry for acquisition of the suit premises, but its proposal was finally turned down. As the plai..Category: Procedural Law | Date: 30 Jan, 1991 | Hits: 108
Farida Aziz Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....ment have been made and/or passed without any lawful authority and are of no legal effect. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 12.......ment have been made and/or passed without any lawful authority and are of no legal effect. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 12....... Original Jurisdiction) Present: AM Mahmudur Rahman J Mainur Reza Chowdhury J Farida Aziz....................Petitioner. Vs. Government of Bangladesh, represented by the Secretary, Ministry of Works and Urban Development, Secretariat Building, Dhaka and another..................Re..Category: Property Law | Date: 5 Nov, 1990 | Hits: 95
Agrani Bank Vs. Bangladesh Tyres Ltd and others, 1990, 19 CLC (AD)
....ets and liabilities including pre‑liberation liabilities. At a meeting of he Board of Directors of the Company held on 21.9.76, the liabilities of the Company to the appellant‑bank for the period prior to the release of the Company was acknowledged. The Company had issued balance confirmation ce......learned Company Judge. In the result, therefore, the appeal is allowed without any order as to cost. The impugned judgment is set aside and the order of the learned Company Judge restored. Ed. ......learned Company Judge. In the result, therefore, the appeal is allowed without any order as to cost. The impugned judgment is set aside and the order of the learned Company Judge restored. Ed. ..Category: Business or Commercial Law | Date: 29 Aug, 1990 | Hits: 122
....reby set aside and those of the learned Munsif are restored although not on the same grounds.
There will be no order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 44.
......reby set aside and those of the learned Munsif are restored although not on the same grounds.
There will be no order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 44.
......pointed as a Lower Division Clerk in the erstwhile Agricultural Research Council of Pakistan on 1.12.64. After liberation of Bangladesh he was repatriated to Bangladesh and was posted at first in the Ministry of Agriculture as an assistant and therefrom his services were placed at the disposal of th..
Category: Employment/Service Law | Date: 20 Jun, 1990 | Hits: 74
Atiqur Rahman Vs. AKM Fazlul Hoque, 1990, 19 CLC (HCD)
....mitted by the accused petitioner to exonerate himself from the responsibility of the complicity with the consignor have been fabricated after the detection of the wrist watches in the consignment and prior to that the petitioner claimed to get delivery of the consignment on 7.10.80. It is the furthe......ni. In the result, the Rule is discharged and stay granted by this Court earlier is vacated. Sent down the records at once. Ed. This Case is also Reported in: 43 DLR (1991) 49. ......ni. In the result, the Rule is discharged and stay granted by this Court earlier is vacated. Sent down the records at once. Ed. This Case is also Reported in: 43 DLR (1991) 49. ..Category: Fiscal/Taxation Law | Date: 11 Jun, 1990 | Hits: 80
Tamizul Haque and another Vs. Shamsul Haque and others, 1990, 19 CLC (AD)
....mission, that it would be used as evidence against him. This view is of course not correct, for a statement to be used as admission against the person making it, it is not necessary that he must have prior knowledge that it might be used against him. But this view is not found to have affected the A......ion'. Finding to this effect of the courts below is perfectly correct. All these appeals are therefore dismissed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 34. ......ion'. Finding to this effect of the courts below is perfectly correct. All these appeals are therefore dismissed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 34. ..Category: Business or Commercial Law | Date: 31 May, 1990 | Hits: 296
....poll.
In the result, the Rule is discharged and the order of stay granted on 6.5.90 is vacated. There will be no order for costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 29.
......poll.
In the result, the Rule is discharged and the order of stay granted on 6.5.90 is vacated. There will be no order for costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 29.
......
(Special Original Jurisdiction)
Present:
Fazle Hussain Mohammad Habibur Rahman J
Kazi Ebadul Hoque J
Abdur Rouf Mia................................Petitioner
Vs.
The Ministry of Local Government, Rural Development and Co‑operatives and others ..................
Category: Election Law | Date: 24 May, 1990 | Hits: 101
MA Razzaque Vs. Bangladesh Election Commission, 1990, 19 CLC (HCD)
....the office of the Chairman of Dewanganj Upazila Parishad. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 16. ......t though there may be some internal arrangement that the BADC is to appoint dealers in fertilizers keeping the Government in the Ministry of Agriculture informed of the matter or after obtaining clearance from the said Ministry, but he found it difficult to contend merely on that ground that th......‑General on the date of issuance of the Rule on 4.3.90, submitted that though there may be some internal arrangement that the BADC is to appoint dealers in fertilizers keeping the Government in the Ministry of Agriculture informed of the matter or after obtaining clearance from the said Minis..Category: Election Law | Date: 5 Apr, 1990 | Hits: 110
M/s. Rising Sun Traders Ltd. Vs. Chittagong Port Authority and another, 1990, 19 CLC (HCD)
....y payment through concerned Ministry and the Martial Law Authority. There is no prescribed time limit in the Agreement as to when the dispute is to be referred to the Engineer‑in‑Charge prior to reference of the dispute to arbitration. 36. In this view of the matter, we are of the...... the impugned Judgment of the learned Subordinate Judge is set aside and the award dated 14.12.1986 is made the Rule of the Court. Ed. This Case is also Reported in: 43 DLR (1991) 1. ....... With regard to the period between 24.2.1983 and 6.3.1985 we find from the record that this period of time was consumed by the Contractor, in their anxiety to get easy payment through concerned Ministry and the Martial Law Authority. There is no prescribed time limit in the Agreement as to whe..Category: Alternative Dispute Resolution | Date: 28 Mar, 1990 | Hits: 176
Manindra Kumar Malakar Vs. Secretary, Ministry of Home Affairs & others, 1989, 18 CLC (HCD)
....e copy of this order be communicated to the Deputy Commissioner, Gazipur and the Jailor, Gazipur District Jail at once for compliance. Ed. This Case is also Reported in: 43 DLR (1991) 71. ......e copy of this order be communicated to the Deputy Commissioner, Gazipur and the Jailor, Gazipur District Jail at once for compliance. Ed. This Case is also Reported in: 43 DLR (1991) 71. ...... Revisional Jurisdiction) Present: Latifur Rahman J Md. Mozammel Hoque J Manindra Kumar Malakar................................................Petitioner Vs. Secretary, Ministry of Home Affairs & others ................Opposite Parties Judgment August 14,..Category: Women and Children | Date: 14 Aug, 1989 | Hits: 104
Circle Officer, Sutrapur Vs. Mohammad, 1989, 18 CLC (HCD)
.... the Rule is made absolute without any order as to cost. Let a copy of this judgment be sent to the District Judge, Dhaka immediately. Ed. This Case is also Reported in: 43 DLR (1991) 84. ...... the Rule is made absolute without any order as to cost. Let a copy of this judgment be sent to the District Judge, Dhaka immediately. Ed. This Case is also Reported in: 43 DLR (1991) 84. ......nsidered and comparatively speaking in the case of the Government in such matter various authorities, formalities and complications including allocation of budget and sanction of fund by the relevant Ministry under a particular head are involved and as such Government requires longer time in making ..Category: Limitation Law | Date: 9 Aug, 1989 | Hits: 178
Ziaul Hoque Vs. Election Commission, 1990, 19 CLC (HCD)
.... is discharged with compensatory cost of Tk. 5,000/‑ (Taka five thou sand) only to be paid to the respondent No. 5 by the petitioner. Ed. This Case is also Reported in: 43 DLR (1991) 9. ...... is discharged with compensatory cost of Tk. 5,000/‑ (Taka five thou sand) only to be paid to the respondent No. 5 by the petitioner. Ed. This Case is also Reported in: 43 DLR (1991) 9. ......e Local Government (Upazila Parishad and Upazila Administration Re‑organisation) Ordinance, 1982 by notification published in the official Gazette on 6.11.89 by the Deputy Secretary, Ministry of Local Government, Rural Development and Co‑operatives. The petitioner has not imp..Category: Election Law | Date: 14 Jun, 1989 | Hits: 98
AK Banik & Khokan Kumar Saha Vs. M. Karim & another, 1989, 18 CLC (HCD)
....urity Branch) dated 21.3.89 brought to the notice of the Inspector General of Prisons, Government of Bangladesh and pointed out the practical difficulties in releasing the detenus with prior intimation to the Ministry of Home Affairs, stating that the process may take sometimes 2......bsequently may be accepted. Let a copy of this judgment be forwarded to the Secretary, Ministry of Home Affairs forthwith. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 122. ......lenging the order of detention of his father Anukul Chandra Banik dated 31.1.89 issued by the District Magistrate, Jessore under section 3(2) of the Special Powers Act, 1974, later on approved by the Ministry of Home Affairs by Memo dated 8.2.89 under section 3(3) of the Special Powers Act, 197..Category: Contempt of Court Law, Criminal Law | Date: 11 Jun, 1989 | Hits: 102
Hazrat Ali & Abdur Rahman Vs. State, 1989, 18 CLC (HCD)
....vocates for the condemned prisoners have further contended that the confession was not voluntary and true as it was obtained by torture and maltreatment keeping the prisoners in the custody of police prior to their production before the Magistrate and that the condemned prisoners have disclosed the ......emned prisoner Hazrat Ali with the modification of sentence of both the condemned prisoners from death to imprisonment for life. Ed. This Case is also Reported in: 42 DLR (HCD) (1990)177. ......emned prisoner Hazrat Ali with the modification of sentence of both the condemned prisoners from death to imprisonment for life. Ed. This Case is also Reported in: 42 DLR (HCD) (1990)177. ..Category: Evidence Law | Date: 26 Apr, 1989 | Hits: 152
....he remained absent from the Head Quarter without permission of the authority concerned and as a result his subsistence allowance was also stopped as per rules and that the suit was instituted without prior permission of the authority in violation of the provisions of the Railway Nirapatta Bahini Ord......order as to costs. The order of stay is vacated.
Let the suit be disposed of in accordance with law as expeditiously as possible.
Ed.
This Case is also Reported in: 43 DLR (1991) 79.
......order as to costs. The order of stay is vacated.
Let the suit be disposed of in accordance with law as expeditiously as possible.
Ed.
This Case is also Reported in: 43 DLR (1991) 79.
..
Category: Employment/Service Law | Date: 18 Apr, 1989 | Hits: 87
....t be sent at once to the Sessions Judge and the Deputy Commissioner, Narayanganj and also to the Upazila Magistrate Araihazar Upazila.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 79. ......t be sent at once to the Sessions Judge and the Deputy Commissioner, Narayanganj and also to the Upazila Magistrate Araihazar Upazila.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 79. ......l Revisional Jurisdiction)
Present:
Fazal Hussain Mohammad Habibur Rahman J
Mahmudul Amin Chowdhury J
Sukhendra Chandra Das..........................Petitioner
Vs.
The Secretary, Ministry of Home Affairs, Govt. of Bangladesh and Others……....Opposite Parties
Judgment
D..
Category: Women and Children | Date: 13 Dec, 1988 | Hits: 193
Mohammad Meah Vs. Pubali Bank & others, 1988, 17 CLC (AD)
....der of attachment and its implication. It is unfortunate that Rule 10 was not considered by any court which reads as under: "Attachment before judgment shall not affect the rights existing prior to the attachment, of persons not parties to the suit, nor bar any person holding a decree a...... Order of the Court. By a majority decision the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 14. ...... Order of the Court. By a majority decision the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 14. ..Category: Contract Law | Date: 1 Sep, 1988 | Hits: 252
Mrs. Sajeda Parvin Banu Vs. Government of Bangladesh and others, 1988, 17 CLC (AD)
....voked here. If at any time before the Court directs the release of the detenu, a valid order directing his detention is produced, the Court cannot direct his release merely on the ground that at some prior stage there was no' valid cause for detention. The question is not whether the later ......is satisfied that the accused will indulge in prejudicial activities if he is allowed to remain at large. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 178; BCR 1988 (AD) 89. ......ive my own views. 26. Appellant's husband, Syed Mokbul Hossain, was directed to be detained for three months by the order dated 27th June, 1987 of respondent 2, the Assistant Secretary, Ministry of Home Affairs. The order was purported to have been made under section 3(1) (a) of t..Category: Criminal Law | Date: 20 Mar, 1988 | Hits: 95
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