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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. ......plication does not contain any prayer for reference of the dispute to arbitration for settlement and award although the application was filed praying for staying the proceedings of the suit under the provisions of section 10 of the Arbitration Act, 2001. Section 10 of the Arbitration Act reads a..Category: Alternative Dispute Resolution | Date: 20 Aug, 2002 | Hits: 280
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. ......e instant appeal before this Court. 3. Mr. Mujibur Rahman, the learned Advocate for the accused appellants, submits that the framing of charge by the Special Tribunal without complying with the provisions of sections 87 and 88 of the Code of Criminal Procedure is illegal and, as such, the imp..Category: Women and Children | Date: 5 Aug, 2002 | Hits: 219
Zilaluddin (Md.) Vs. Secretary, Ministry of Home Affairs & others, 2002, 31 CLC (HCD)
....ng been referred to by the government to the Advisory Board which was received by its Secretary on 27-4-2002, that is on 116th day from the date of the order of detention, there was compliance of the mandatory provision of section 10 of the Act cannot be accepted. Mr. M Amirul Islam furthe...... 12. In the context of the submissions made by the learned Advocates and the statements made in the supplementary affidavit as summarised hereinbefore, I feel it necessary to consider the relevant provisions of the Act as well as the relevant Article of the Constitution as the concept of Advisory..Category: Criminal Law | Date: 29 Jul, 2002 | Hits: 2
Amir Hossain Vs. Homeland Footwear Ltd. and others, 2002, 31 CLC (HCD)
.... on the prayer of Mr. Imtiaz Mahmud, Advocate, let the operation of this judgment be stayed for a period of three months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 478. ......e petitioner although partial payment was made on various dates showing a total payment of Taka 60,000. It is further stated on behalf of the respondent-company that apart from the petition under the provisions of the Companies Act praying for winding up, the petitioner also filed a case under secti..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.......d for production before the Magistrate upon arrest and right of communication of the grounds to make an effective representation and the right to consult and be defended by lawyers and that under the provisions of section 167 of the Code of Criminal Procedure it is imperative upon the police to forw..Category: Women and Children | Date: 2 Jul, 2002 | Hits: 89
Ekushey Television Ltd. and others Vs. Dr. Chowdhury Mahmood Hasan & others, 2002, 31 CLC (AD)
.... judgment of the High Court Division calling for our interference. All the leave petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 130. ......nnel. Therefore, the licence agreement signed with Mr. AS Mahmud was malafide. 13. The petitioners claimed in the writ petition, that the licence agreement was signed in accordance with the provisions of section 4(1) of Telegraph Act, 1885 and section 5 of Wireless and Telegraphy Act, 193..Category: Constitutional Law | Date: 2 Jul, 2002 | Hits: 50
Sushil Kumar Paik & another Vs. Harendra Nath Samadder & another, 2002, 31 CLC (AD)
....el for the defendant‑petitioners is covered by issue No. 2 as framed for the suit. The petition is dismissed with observation. Ed. This Case is also Reported in: 8 MLR (AD) 41. ......ision therefore summarily rejected the revisional application. 4. It is now submitted before us by learned Counsel for the defendant petitioners that in for permanent injunction simpliciter, provisions of sections 54 and 56 of Specific Relief Act have to be read together as supplement..Category: Civil Law | Date: 24 Jun, 2002 | Hits: 164
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 ......f justice into disrespect of to obstruct or interfere with the due course of justice. He then submits that no definition of contempt of Court has been given in the Contempt of Court Act, 1926 and the provisions of the said Act has to be read subject to the fundamental rights guaranteed under the Con..Category: Contempt of Court Law, Criminal Law | Date: 20 May, 2002 | Hits: 201
Alam (Md) & another Vs. State, 2002, 31 CLC (HCD)
.... them and they are acquitted of the same and be set at liberty if not wanted in any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 298.......offences under different sections of the same Act, it is competent to inflict punishment under those sections in spite of the fact that the accused persons were not formerly charged under those penal provisions. According to him, such an irregularity it is curable under section 237 of the Code of Cr..Category: Women and Children | Date: 30 Apr, 2002 | Hits: 82
Abdul Kader Khan Vs. Rajshahi Co-operative Town Society Ltd, 2002, 31 CLC (HCD)
.... Sadar in (Rent Control) Miscellaneous Case No.245 of 1983 is confirmed. Send down the LCR to the Court concerned at once. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 633. ......e or usable except with great inconvenience, like keeping them wind and water-tight. The landlord shall be bound to make such repair or to take such measures in any event. On his failure to do so the provisions of subsections (1) and (2) shall apply without the limitation as to the amount deductible..Category: Tenancy Law | Date: 29 Apr, 2002 | Hits: 3
Aroti Rani Paul Vs. Sudarshan Kumar Paul and others, 2002, 31 CLC (AD)
....indings and decisions of the High Court Division and consequently the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 56 DLR (AD) 73. ...... property cannot be gifted by registered instrument. 11. The learned Counsel has further argued that the suit property cannot be declared as enemy property in the year 1976 in view of the provisions of Ordinance No. 1 of 1969 and lack of evidence on the side of the Government as to posse..Category: Family Law | Date: 1 Apr, 2002 | Hits: 181
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. ......agreement between the Government and Mr. AS Mahmud, Mr. Mahmud transferred the licence to the Ekushey Television Ltd. Petitioners claim that this licensing agreement was signed in accordance with the provisions of section 4(1) of Telegraph Act 1885 and section 5 of Wireless and T..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. ......s of the view. “Admittedly, the uncles of the plaintiff and their transferees including the predecessor of the contesting defendant have been in possession of the suit land contrary to the provisions of the will Exhibit 1 for more than 12 years and the executor and the plaintiff himself (..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. ......Division under section 115 of the Code of Civil Procedure. The High Court Division found that the executing court had held that the other Execution Case No. 70 of 1964 was barred by limitation as per provisions of article 181 of the Limitation Act as the case was ‘revived' after about 14 years..Category: Procedural Law | Date: 4 Mar, 2002 | Hits: 99
Rabeya Khatun Vs. Md. Saidur Rahman, 2004, 33 CLC (AD)
....iting the rent within 15 days of refusal of the rent by the landlord. 5. We do not find any illegality in the judgment of the High Court Division. The petition is therefore dismissed. Ed. ......on 5‑6‑90 and the respondent deposited the rent by filing miscellaneous case on 18‑6‑90 with the House Rent Controller. The learned Single Judge of the High Court Division then considered the provisions of section 19(1) (Ka) of the Premises Rent Control Ordinance 1963 which reads as follows:..Category: Tenancy Law | Date: 19 Feb, 2002 | Hits: 268
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. ......aka 1 crore 88 lac for Rajshahi and Khulna Divisions. The writ petitioner respondents further stated that sub‑sections (4), (5) and (6) of section 3 of the Excise and Salt Act, 1994 were amended by provisions relating to levy and collection of duties on production capacity remained substantially t..Category: Fiscal/Taxation Law | Date: 13 Feb, 2002 | Hits: 161
Mozibul Huq Vs. Chairman, 1st Labour Court and others, 2003, 32 CLC (AD).
....Division. The leave petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 91. ......r filed the aforementioned writ petition which was also summarily rejected. 3. The petitioner's learned Advocate submits that the High Court Division erred in construing that the provisions of Industrial Relations Ordinance and the Government Servants (Discipline and Appeal) Rul..Category: Administrative Law | Date: 6 Feb, 2002 | Hits: 123
Abdul Rashid Vs. Santi Bhusan Deb and others, 2003, 32 CLC (AD).
.... This petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 86. ......d signed by the judge in open Court at the time of pronouncing it and, when once signed, shall not afterwards be altered or added to, save as provided by section 152 or on review. Under the aforesaid provisions judgment shall be signed at the time of pronouncing it and thus there is a clear prohibit..Category: Property Law | Date: 26 Jan, 2002 | Hits: 100
Abdul Mannan Vs. Bangladesh and others, 2003, 32 CLC (AD).
....on of the wards with emphasis on the distribution of population as far as practicable taking into consideration the territorial unity and administrative convenience. But the same is directory and not mandatory. Lawyers Involved: Md. Aftab Hossain, Advocate‑on‑Reco......ile disposing of the petitions for leave to appeal. These petitioners are accordingly dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 143. ..Category: Election Law | Date: 22 Jan, 2002 | Hits: 109
Mia Lutfi Hossain Khasru and others Vs. Bangladesh and others, 2003, 32 CLC (AD).
.... and the question of variation of population, taken in the other petition is a disputed question of fact which cannot be resolved in writ jurisdiction and that section 21(1) of the Ordinance is not mandatory but directory and that the variation of 10% of population are to be taken into considera......posing of the petitions for leave to appeal. These petitions are accordingly, dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 58. ..Category: Procedural Law | Date: 22 Jan, 2002 | Hits: 122