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Asalat Zaman (Md) and others Vs. Government of Bangladesh and others, 2003, 32 CLC (AD).

....as aforesaid with interest at the bank rate till realisation.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 139.  ......tion 29 of the Arbitration Act. In other words, the learned Subordinate Judge in his discretion, could have allowed interest from the date of the decree till realisation of the money thereunder. This period partially coincides with the period from the date of the award till realisation. Therefore, i..

Category: Alternative Dispute Resolution | Date: 17 Nov, 2002 | Hits: 223

Hashibul Bashar Vs. Gulzar Rahman and anr., 2004, 33 CLC (AD)

....tiable Instruments Act.  10. In the background of the discussion made hereinabove we find no substance in the petition.  Accordingly, the petition is dismissed. Ed. ......7,000 on different dates for repayment of the loan amount in favour of Md Anwarul Islam. The Attorney of Md Anwarul Islam presented the said cheques for encashment at different times spreading over a period of 6 months, but every time the said cheques were dishonoured since there was no amount in dr..

Category: Business or Commercial Law | Date: 28 Oct, 2002 | Hits: 326

Secretary, Ministry of Works and anoth­er Vs. Md. Yusuf Ali Khan and others, 2002, 31 CLC (AD)

.... Trust for a Consideration of Tk. 90,000/- (Taka Ninety thousand). Out of total consideration money the respondent No.1 paid Tk. 50,000/- (Taka Fifty thousand) as earnest money on 11.7.1970. It was stipulated in the agreement for sale that after obtaining necessary clearance certificate from Dha......act that the agreement for alleged sale deed is dated 11.7.1970 whereas the suit was filed 14 years thereafter on 30.9.1984. 20. He argues that under Article 113 of the Limitation Act the period within which a suit shall have to be filed is three years. By referring to the bainapatra he..

Category: Contract Law | Date: 21 Aug, 2002 | Hits: 1110

Maico Jute and Bag Corporation Vs. Bangladesh Jute Mills Corporation & others, 2002, 31 CLC (AD)

....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. ......ed the Money Suit against the defendants, a statutory corporation and others for a decree of US$ 436,578.58 equivalent to Taka 24,011,821.90 as compensation with interest at Taka 3,814,265.39 for the period from 14-5-2000 to 30-4-2001 and also for further decree for damages of US$ 1,000,000 equivale..

Category: Alternative Dispute Resolution | Date: 20 Aug, 2002 | Hits: 280

Bux Shipping Line Vs. Bangladesh Water Development Board & others, 2002, 31 CLC (AD)

....alization thereof. The review peti­tion has no merit. Accordingly the same is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 476.......r agreement providing for payment of interest by an Arbitrator on an award made by him it will not be proper and safe to vest in him power to award interest for the pre reference peri­od, for this period the Arbitrator may allow interest only if it is provided in any agree­ment or law. ..

Category: Alternative Dispute Resolution | Date: 18 Aug, 2002 | Hits: 217

Abdus Sobhan Biswas Vs. State, 2002, 31 CLC (HCD)

....Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 556. ......ape this may be due to the fact that the medical examination was done long 21 days after the occurrence and the victim, an adult married woman, is unlikely to bear any trace of rape after such a long period. 22. The act of rape, as claimed by the victim, has not been corroborated by the testimony..

Category: Women and Children | Date: 11 Aug, 2002 | Hits: 77

Hazerullah Vs. Assistant Commissioner, Board of Management of Abandoned Property & others, 2002, 31 CLC (AD)

.... Accordingly, this petition is dismissed with costs assessed at Taka 5,000 to be paid by the petitioner forthwith to the respondents. Ed. This Case is also Reported in: (2002) 22 BLD (AD) 155. ......ejected, the petitioner moved this Court with this petition. 2. Mr. Md. Moksudur Rahman, the learned Counsel submitted that the notice for surrendering the possession having been issued after the period specified by the provision of section 4 of the Ordinance No. LIV of 1985 i.e. Abandoned Build..

Category: Constitutional Law | Date: 7 Aug, 2002 | Hits: 180

Sirajul Islam (Md.) and others Vs. State, 2002, 31 CLC (HCD)

....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. ......y has been committed by the Special Tribunal by publishing the same in two Bengali daily newspapers having wide circulation directing the absconding accused persons to appear before it within such period as may be specified therein because by order No.1 dated 6‑7‑1997 the Special Tribunal d..

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. ...... the Government. The order of detention dated 2-1-2002 was issued by the Additional District Magistrate, Dhaka under section 3(2) of the Act for the preventive detention of the detenu for a period of 30 (thirty) days. The grounds of detention were served upon the detenu on 15-1-2002. The o..

Category: Criminal Law | Date: 29 Jul, 2002 | Hits: 2

Amir Hossain Vs. Homeland Footwear Ltd. and others, 2002, 31 CLC (HCD)

....itioner acknowledging receipt of Taka 45,07,386 and assuring him to repay an accumulated sum of Taka 54,78,938 on or before 15th July, 2000, but the company failed to repay the said amount within the stipulated time, however, on 8th May, 2001, the company repaid Taka 5,50,000. Thereafter, the respon......ssain praying for winding up of Homeland Footwear Ltd ('the company'). 2. The case of the petitioner, in short, is that the respondent-company took Taka 45,07,386.00 from the petitioner during the period from 11th March, 1999 to 31st December, 1999. In acknowledgment of the receipt of the said am..

Category: Company Law | Date: 21 Jul, 2002 | Hits: 226

State Vs. Harish, 2002, 31 CLC (HCD)

....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....... simply find that Hazera left the house at 8-00 PM and subsequently her dead body was recovered from the latrine of Jabbar at 10-00 PM and there is no positive evidence that what happened during this period as to the fate of Hazera. In this case, the only basis of conviction of the condemned prisone..

Category: Women and Children | Date: 2 Jul, 2002 | Hits: 89

State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One

....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 ......that his entire efforts in making the statements in question were to vindicate the authority, respectability, honour and dignity of the judiciary of which he has been an integral part during the best period of his life and the aforesaid remarks made by him at the said work shop were neither "de..

Category: Contempt of Court Law, Criminal Law | Date: 20 May, 2002 | Hits: 201

Gouri Das and ors. Vs. ABM Hasan Kabir and others, 2003, 32 CLC (AD).

....urt Division is not correct inference. In view of the above, the appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 449, 635. ......n and possessed the same by residing in some huts and letting out others to monthly tenants. After the death of Baroda Prosad Das, he had been possessing the suit property for more than the statutory period of limitation and acquired an indefeasible non-agricultural tenancy right. 11. T..

Category: Tenancy Law | Date: 9 Apr, 2002 | Hits: 148

Chowdhury Mahmood Hasan and others Vs. Bangladesh and others, 2002, 31 CLC (HCD)

....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.   ......nd Telecommunications and such allocation is made by Frequency Board under the Ministry of Post and Telecommunications. According to these respondents previously BTV used a second channel for a short period but ultimately it was closed down and remained unused and the same VHF frequency was allocate..

Category: Information Technology Law | Date: 27 Mar, 2002 | Hits: 7

Mahmood Alam (Md.) and another Vs. Moklesur Rahman Bhuiya, 2002, 31 CLC (HCD)

....ed judgment and decree affirming those of the trial Court are hereby confirmed. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 523.   ...... all the rights of the owner in his favour on execution of a regular sale deed, until the execution of the sale deed, was only possession on behalf of Dasu Reddi. Such possession having been within a period of 12 years prior to the present suit, the plaintiff succeeds in having established the posse..

Category: Property Law | Date: 27 Mar, 2002 | Hits: 4

Shah Newaz Ebne Mostaque & ors. Vs. Shah Alam and others, 2003, 32 CLC (AD).

....   The petition is therefore dismissed.   Ed.   Same Case Cited in:  55 DLR (AD) (2003) 69.  ......ears since the dismissal of the Second Appeal No. 5 83 of 1964 on 4‑8‑1978. Article 181 of the Limitation Act provides for a limitation of 3 years with respect to application for which no period of limitation is provided elsewhere in the schedule or by section 48 of the Code of Civil Pro..

Category: Procedural Law | Date: 4 Mar, 2002 | Hits: 99

Monzur Alam (Md) Vs. State and another, 2003, 32 CLC (AD).

....   All the three petitions are dismissed.    Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 62. ......of Criminal Procedure for staying the proceedings of the aforesaid cases pending before the Metropolitan Magistrate. The learned Magistrate after hearing both the parties stayed the proceedings for a period of six months. The three complainant respondents then filed before the learned Metropolitan S..

Category: Business or Commercial Law | Date: 13 Feb, 2002 | Hits: 124

Bangladesh and others Vs. Eastern Beverage Industries Ltd. & another, 2004, 33 CLC (AD)

.... appeals are allowed setting aside the impugned judgment and order of the High Court Division without any order as to costs. Ed. This Case is also Reported in: 56 DLR (AD) (1997) 153. ......e duty under sub‑section (4) was levied by such notification, shall be levied and, with necessary adjustment, collected for the financial year during which such notification is cancelled or for the period for which it cannot be given effect to." 9. The appellants have challenged the delegate..

Category: Fiscal/Taxation Law | Date: 13 Feb, 2002 | Hits: 161

Abdul Rashid Vs. Santi Bhusan Deb and others, 2003, 32 CLC (AD).

....8209;1993 was executed and registered in the sub‑registrar's office Brahmanpara on the same day and an amount of Taka 50,000 as earnest money was paid to the defendants on the said date; it was stipulated that after collecting money within Jaistha 1400 BS the plaintiffs would inform the defend......   This petition is dismissed.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 86.  ..

Category: Property Law | Date: 26 Jan, 2002 | Hits: 100

Monsur Ali (Md) and others Vs. State, 2001, 30 CLC (AD)

....onment. In view of afore state of the matter we find no substance in this petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in:  55 DLR (AD) (2003) 131.  ......igh Court Division at the time of issuance of Rule enlarged the convicts, who were sentenced to imprisonment, on bail for 6 months but the convicts later on did not take any step for extension of the period of bail. 3. In the background thereof the High Court Division upon the view that convicts ..

Category: Criminal Law | Date: 12 Dec, 2001 | Hits: 123