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Chairman, RAJUK Vs. MN Alam and Associates Limited, 2004, 33 CLC (HCD)
....tions 15 and 16 of the Arbitration Act………….(23) Section 15 of the Arbitration Act provides for modification and correction in number of ways. Section 16, on the other hand, empowers the Court to remit the award on particular points to the arbitrator for reconsiderati......f stay granted at the time of issue of the Rule on 4‑9‑02 is recalled and vacated. Send down the record at once. Ed. This Case is also Reported in: 57 DLR (2005) 626. ..Category: Arbitration Law | Date: 27 Jul, 2004 | Hits: 8
....ed Advocate has referred the decision of a case Union Road Ways (P) Ltd. Vs. Shah Ramanial Ritesh Kumar & others, reported in Company Cases (India) Vol. 76 pages 315.
10. On the other hand, Mr. Md. Abdul Bashar, the learned Advocate appearing on behalf of the complainant-opposite par......of his payment to the tune of Taka 16,00,000 (sixteen lakh) to the accused-petitioner and has also filed the impugned “cheque" Exhibit 2 covering an amount of Taka 16,00,000 along with the note of objection of the banker "Refer to the drawer" Exhibits 3 & 3(1) in refusing to..
Category: Banking Law, Criminal Law | Date: 19 Jul, 2004 | Hits: 3
Zamini Bala Das Vs. Abdul Aziz and others, 2004, 33 CLC (HCD)
....thus in possession of the suit land, in 1999 the defendant made claims over the suit land and threatened to dispossess her. Whereupon, she was constrained to institute the suit. 16. On the other hand, the case of the defendant is that the plaintiff transferred the suit land by two registered de......f the trial Court restored. The suit is decreed as prayed for. Send down the record at once. Ed. This Case is also Reported in: 57 DLR (2005) 774. ..Category: Property Law | Date: 17 Jul, 2004 | Hits: 4
Nurul Haque and others Vs. Abdus Salam Chowdhury and ors. 2005, 34 CLC (AD)
....tan on 25‑3‑1961 and on his demand said Salamatullah promised to leave the disputed property soon. In April, 1962 Salamatullah was transferred to Karachi but he left for Karachi without handing over possession to the plaintiff. The plaintiff further asserted that defendant Nos. 1̴......ment of the High Court Division is not at all a proper Judgment of reversal. Accordingly, the same is liable to be interfered with. The appeal is thus allowed with cost. Ed. ..Category: Civil Law | Date: 13 Jul, 2004 | Hits: 196
Hafez Abdus Salam Vs. Syed Fazlul Quader and another, 2004, 33 CLC (HCD)
....after setting aside its order rejecting the memorandum of appeal. It is needless to say such power could only be exercised within the periphery of the above provisions of law. 26. In the case at hand, on 20‑6‑02 the memorandum of appeal was presented and the District Judge rejected said mem......onnected Civil Rule 550(FM) of 2003 is accordingly, discharged with cost. Communicate the order at once. Ed. This Case is also Reported in: 57 DLR (2005) 640. ..Category: Civil Law | Date: 29 Jun, 2004 | Hits: 3
Abdul Mumin alias Tanu Miah Vs. Mahfujur Rahman and others, 2004, 33 CLC (AD)
....on of the land transferred by the heir of Abdul Ghani to the pre-emptees. Accordingly all the appeals are dismissed There is no order as to cost. Ed. This Case is alsoReported in: 1 ADC (2004) 515.......granted is that there having been no partition of the case land between the pre-emptor and the vendor and a suit for partition, being partition Suit No.111 of 1988, being pending,the pre-emptor did note case to be a co-sharer of the non-agricultural land in question in the background of the prin..Category: Property Law | Date: 28 Jun, 2004 | Hits: 43
Abdul Gaffar Chowdhury Vs. Joint District Judge and Artha Rin Adalat & others, 2004, 33 CLC (HCD)
.... the Court can proceed to give a judgment and under Order IX, rule 13 if a party satisfies a Court that summons were not duly served upon him, the Court is bound to set aside an ex parte decree." Chandpur Jute Suppliers owned by Sekander Khan (since dead), Chandpur and others Vs. Subordinate Judg...... view, not maintainable. The Rule is accordingly, discharged with cost. The order of stay granted by this Court earlier stands vacated. Ed. This Case is also Reported in: 57 DLR (2005) 138. ..Category: Banking Law | Date: 14 Jun, 2004 | Hits: 310
AHM Mustain Billah & others Vs. Bangladesh, 2004, 33 CLC (AD)
....ontroller of Estate Duty, Government of Pakistan, Karachi and another 14 DLR SC 276; Akbar Ali vs. Iftekhar PLD 1949 PC 339; Mazdar Hossain vs. Ministry of Finance 7 BLC (AD) 92, 43 DLR (AD) 12; Sow Chandra Kanta and another vs. Sheik Habib AIR 1975 (SC) 1500; JM Jamuna vs. Chairman, Labour Court an...... appointment your service under the Government shall be guided by the existing Rules and Orders on the subject or by rules and orders to be framed in future." 11. The impugned judgment also took note of the said placement, in that PSC, special advertisement dated 22‑12‑1982 under which the ..Category: Employment/Service Law | Date: 23 May, 2004 | Hits: 128
.... such jurisdiction under the said provision of law, consequently, the said order of rejecting the prayer for rejection of the plaint was illegal and without any lawful authority.
7. On the other hand, Mr. Md. Muzibur Rahman Miah, the learned Advocated appearing on behalf of the respondent-bank,......he Bankruptcy Court is directed to dispose of the bankruptcy case expeditiously.
The order of stay granted earlier by this Court
Ed.
This Case is also Reported in: 57 DLR (2005) 716.
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Category: Banking Law, Corporate Law | Date: 10 May, 2004 | Hits: 9
Sultan Miah (Md) Vs. Kazi Abu Siddique and others, 2005, 34 CLC (AD)
....urt of Senior Assistant Judge, Palash, Narsingdi for permanent injunction on the averments, inter alia, that after the death of the CS recorded owner Meher Ali and his sons Kamaruddin, Janab Ali and Chand Miah got one third each of the suit land on amicable partition. It is further stated that ......ned. Judgment of the, High Court Division causing failure of justice in making the Rule absolute. Therefore, this petition merits no consideration. Accordingly, it is dismissed. Ed. ..Category: Civil Law | Date: 8 May, 2004 | Hits: 825
Executive Engineer, LGED, Rangpur Vs. A Latif & Company Ltd, 2004, 33 CLC (HCD)
....s of Port of Karachi, PLD 1987 SC 393; Mohammad Eunus & Brothers Vs. Chittagong University, 44 DLR (AD) 296; KM Shafi Limited Vs. Government of Bangladesh, 1983 BLD (AD) 109; State of Orissa Vs. Dhandasi Sahu, AIR 1989 SC 1791; Dhandasi Sahu Vs. State of Orissa, AIR 1987 Orissa 275; IBAD and Co.......d dated 22‑6-2000 is accordingly set aside. The arbitration agreement now ceases to have any effect. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 656. ..Category: Arbitration Law | Date: 11 Apr, 2004 | Hits: 3
Nurul Huq (Md) @ MN Huq Vs. Nirmal Chandra Dutta & anr., 2004, 33 CLC (AD)
.... Syed JR Mudassir Husain CJ Md Fazlul Karim J Amirul Kabir Chowdhury J Nurul Huq (Md) @ MN Huq ………….Appellant Vs. Nirmal Chandra Dutta and another ........................Respondents Judgment April 5, 2004. ......ave been executed by the respondent and to decide the appeal iii accordance with law. The plaintiff of the suit shall bear the costs of the examination by the Handwriting Expert. Ed. ..Category: Property Law | Date: 5 Apr, 2004 | Hits: 103
Ershad Ali Sikder (Md) Vs. State, 2004, 33 CLC (AD)
....business named A Jalil Company Limited of which her father A Jalil is the owner. The Managing Director of the Company Mr. Monirul Islam took on lease the said Jailkhana Ferry ghat and labour handling ghat through open tender as before which was required by them for their industry and busin......minatory manner and this Division in the impugned judgment did not consider this vital aspect resulting in commission of an error apparent on the face of the record. The impugned judgment has taken note of the aforesaid submission and it appears have answered the same with reference to the evide..Category: Constitutional Law | Date: 22 Mar, 2004 | Hits: 332
Aftab A (Capt Retired) Vs. SM Kutubuddin being dead his heirs: Nuzhat Banu & ors., 2004, 33 CLC (AD)
....ivision Bench of the High Court Division in First Appeal No. 191 of 1992 sending back on remand the suit to the trial Court with a direction to the parties to get the disputed signature examined by a handwriting expert and for that they would file application within one month from the date of receip......n merit. 12. Accordingly, the appeal is allowed. 13. The First Appeal No. 191 of 1992 is remitted back to the High Court Division for disposal on merit. There is no order as to costs. Ed...Category: Tenancy Law | Date: 20 Mar, 2004 | Hits: 106
BRTC Vs. Md. Esken Mollick and anr., 2004, 33 CLC (AD)
....yment of Labour (S.O.) Act, 1965 (VIII of 1965), Section 25(l) (a) When there is no denial that the appellant received the grievance petition within time submitted by the respondent No. 1 by hand non-submission of the same by registered post cannot be held to be non-compliance of the requi......as come to a correct decision and there being no error in the said judgment, the appeal has no substance. In the result the appeal is dismissed without any order as to costs. Ed. ..Category: Labour and Industrial Law | Date: 16 Mar, 2004 | Hits: 99
Mosharraf Hossain (Md) (Babul) Vs. Bangladesh, 2004, 33 CLC (AD)
....ion 13(1)(d) in Chapter I of Part II of the Ordinance relates to removal of Chairman or Commissioner from their respective office and the provision therein are self contained and, on the other hand, the provisions in sections 130‑135 are in Chapter I of Part V. The heading of the said......)(d) and the Explanation attached thereto to the Pourashava Ordinance, 1977, and in not holding that provisions of 13(1)(d) read along with the "Explanation" pre‑supposes and connotes inquiry that in order to find the Chairman "guilty of misconduct" or other constit..Category: Constitutional Law | Date: 16 Mar, 2004 | Hits: 269
....r, did not have any locus standi to file any case either under the provisions of the Industrial Relations Ordinance or even under the provisions of the Standing Orders Act, 1965.
9. On the other hand, Mr. Nesar Ahmed, the learned Advocate appearing on behalf of the respondent No.2, submits that......chly propounded by the Supreme Court of India in Bangalore Water Supply Case but with great respect we prefer to follow the exposition of law with its well justified leeway (sanctuaries) in the above-noted overruled decisions.
25. In the instant case, a disciplinary proceeding was commenced aga..
Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4
Ataur Rahman (Md.) another Vs. Edruc Limited, 2004, 33 CLC (HCD)
.... amounts to debts and on refusal to pay the same the petitioners can maintain these applications. 6. Mr. Shamsuddin Babul, the learned Advocate appearing for the respondent company, on the other hand, submits that these applications are not maintainable in view of the provisions as contained in......tainable and are therefore, liable to be dismissed. In the result, the applications are dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 337. ..Category: Company Law | Date: 3 Mar, 2004 | Hits: 8
Jalil Brothers and ors. Vs. Humayun Majid and ors., 2004, 33 CLC (AD)
....ion in Writ Petition No. 3223 of 1996 making the Rule absolute. 2. The respondent No. 1 filed the above writ petition seeking direction upon the respondent No. 2, the Government of Bangladesh, to hand over to him the vacant possession of the ground floor of the building situated at Holding No. 2......e matter in its proper perspective and we find no illegality or irregularity in the decision of the High Court Division. Accordingly, the appeal is dismissed without any order as to costs. Ed. ..Category: Tenancy Law | Date: 18 Feb, 2004 | Hits: 133
State Vs. Anjuara Khatun, 2004, 33 CLC (HCD)
....ed during trial was that, on 13‑9‑1999 at about 11‑30 PM Tipu Sultan slept on western portico of a brick built house. Anjuara Khatun also slept in the house. Anjuara Khatun with a spade, in her hand laid three strikes aiming at throat. Two strikes fell down on mat and Arjuara Khatun made her m......(Ext carotid), nerves and other soft structures and cutting of the body of the 7th cervical vertebra." He recorded opinion that death was due to shock and haemorrage resulting from injuries noted which were ante-mortem and homicidal in nature." 18. P.W.10 Md. Rustam Ali Gazi in h..Category: Criminal Law, Evidence Law | Date: 17 Feb, 2004 | Hits: 7
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