Search Options
Judgment Advanced Search
Displaying 721-740 of 4879 results.
Executive Engineer, LGED, Rangpur Vs. A Latif & Company Ltd, 2004, 33 CLC (HCD)
....l 11, 2004. Result: The Appeal is allowed. Appointment of Arbitrator by the Court Section 20(4) empowers the Court to make an order of reference to the arbitrator appointed by the parties, whether in the agreement or otherwise. The Court can appoint an arbitrator only when the co...... 29. The learned Arbitrator appears to have allowed the claim for illegal cancellation of the work order as compensation or damages. The contract of the work however, does not provide for any such payment to the contractor on account of compensation or damages. Clause 3(c) of the contract rather ......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
Agrani Bank, rep. by the Chairman, BoD, & ors. Vs. Khandaker Badrudduza, 2004, 33 CLC (AD)
....ent on April 7, 1994. 5. Thereupon, the respondent filed case before the Administrative Tribunal and the said Tribunal upon holding that there was no procedural defect in holding the departmental proceeding and all the allegations of unauthorised absence were proved during the inquir...... 14. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ...... 14. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ..Category: Administrative Law | Date: 6 Apr, 2004 | Hits: 130
Ananda Builders Ltd. Vs. Bangladesh Inland Water Transport Authority and others, 2004, 33 CLC (AD)
....ladesh, 1972, Article 102 When the contract is entered into by a public authority in exercise of its statutory power in terms of statutory provisions any breach thereof may entitle the aggrieved party to invoke the writ…….(20) A contract does not become a statutory contract simply bec......functionaries involved in the contract the contractor has legitimate expectation of getting the escalation of prices in respect of the contract work and that the appellant is accordingly, entitled to payment of liquidated amount of money on account of escalated price as have been found and recommend......rties clause 1.1 of the guidelines is quoted as under: Clause 1.1The purpose of these guidelines is to inform rights those arising out of a project that is financed in full or in part by a loan from the International Bank for Reconstruction and Development (IBRD) on a credit from the Inte..Category: Constitutional Law | Date: 6 Apr, 2004 | Hits: 215
Nurul Huq (Md) @ MN Huq Vs. Nirmal Chandra Dutta & anr., 2004, 33 CLC (AD)
....e sum of Taka 5,03,400 with interest and the defendant (Nirmal Chandra Dutta) contested the suit filing written statement and that during pendency of the suit evidence of Md Nurul Huq was recorded in part but later the suit ended in sole decree and coming to know of the same the respondent Nirmal Ch......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. ...... defendant (Md Nurul Huq) had sold his valuable property and misappropriated the sale proceeds and also inserted into the deed of power of attorney a recital to the effect that he had allegedly taken loan of Taka 4,50,000 from the defendant and his son‑in‑law and the notice of the revoca..Category: Property Law | Date: 5 Apr, 2004 | Hits: 103
Sec. Min. of Law, Justice & Par. Affairs & ors. Vs. Md. Borhan Uddin and ors., 2004, 33 CLC (AD)
....ty of the letter dated 13‑9‑1998 primarily contending that his appointment was terminated upon making allegation of receiving complaint against him but without disclosing the nature or particulars of the allegations said to have been received against him as well as without disclosing......discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ......discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ..Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 201
SM Jillur Rahman Vs. Bangladesh and ors., 2004, 33 CLC (AD)
.... granted to consider the question while direction was given by the Appellate Division in the interest of justice to appoint Special Public Prosecutor to conduct the Sessions Case No. 120 of 1993 impartially whether the said order can be negatived by removing the Special Public Prosecutor who had...... 9. In view of our discussions made hereinabove we find no merit in this appeal. The appeal, accordingly, is dismissed. There is no order as to costs. Ed. ...... 9. In view of our discussions made hereinabove we find no merit in this appeal. The appeal, accordingly, is dismissed. There is no order as to costs. Ed. ..Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 259
Bangladesh Vs. Md. Amjad Ali Mridha & ors., 2004, 33 CLC (AD)
....al is due to circumstances over which the prosecution has no control or factors which are outside the control of the prosecution or the delay that has occurred is not a deliberate act of delay on the part of the prosecution in that case delay shall not be a ground for quashing of the proceeding…â€......on in quashing the proceedings of the special cases. 32. In the background of our discussions made hereinabove we find merit in all these appeals. Accordingly, the appeals are allowed. Ed. ......on in quashing the proceedings of the special cases. 32. In the background of our discussions made hereinabove we find merit in all these appeals. Accordingly, the appeals are allowed. Ed. ..Category: Anti-Corruption Laws | Date: 30 Mar, 2004 | Hits: 74
Ershad Ali Sikder (Md) Vs. State, 2004, 33 CLC (AD)
....ng the conviction and sentence of the condemned prisoner petitioner under section 302 of the Penal Code, inasmuch as it has been alleged that all the accused including the accused‑petitioner participated in the act of assaulting victim Khaled. 9. Mr. Abdur Rezaque Khan, the lea......e are in respectful agreement with the aforesaid observation which manifests the correct exposition of law on the subject. The petition is, accordingly, dismissed. Ed. ......e are in respectful agreement with the aforesaid observation which manifests the correct exposition of law on the subject. The petition is, accordingly, dismissed. Ed. ..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)
....the judgment and order dated November 5, 1996 of a Division 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 ......se and accordingly, plaintiff took possession of the suit house as monthly tenant upon fixation of monthly rent at the rate of Taka 1,200 and lie paid the rent upto March, 1983 and thereafter stopped payment of rent, that in 1987 he (defendant) came to know that the plaintiff No. 1 got the electrici......Nos. 1 (a) to 1 (c), contested the suit by filing written statement denying the material averments made in the plaint and contending, inter alia, that he constructed a two‑storied house upon taking loan from the House Building Finance Corporation (HBFC) and that he resides in the ground floor, tha..Category: Tenancy Law | Date: 20 Mar, 2004 | Hits: 106
Mosharraf Hossain (Md) (Babul) Vs. Bangladesh, 2004, 33 CLC (AD)
....sheer two‑thirds majority of the commissioners, that the learned Judges erred in law in deciding tile case overlooking one of the aspects of the well‑known principle of audi alteram partem and that the accuser himself cannot be a judge of the same cause". 6.......passed in the light of the resolution which was taken after due compliance of the law as in section 13(3) of the Ordinance. Accordingly, the petition is dismissed. Ed. ......passed in the light of the resolution which was taken after due compliance of the law as in section 13(3) of the Ordinance. Accordingly, the petition is dismissed. Ed. ..Category: Constitutional Law | Date: 16 Mar, 2004 | Hits: 269
....)
In accordance with the provisions of section 18(2) of the Act, a worker cannot be kept under suspension for more than 60 days and since the order of suspension dated 31‑5‑1998 of the first-party expired after the expiry of the said 60 days by efflux of time on 31‑7-1998, he would b......for this unreasonably long period violated not only the said provision but all canons of law and the Labour Court rightly directed the Corporation to lift the order of suspension and also to make the payment of his arrear salary for the entire period. On the question of maintainability of the case b......
In the result, the Rule is made absolute with the above observations and directions.
There is no order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 741.
..
Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4
Ataur Rahman (Md.) another Vs. Edruc Limited, 2004, 33 CLC (HCD)
....posts in the respondent No.1 company and their services came to an end either by termination or retirement in due course and the petitioners were asked to collect their legal dues from the Accounts Department of the company. It appears that the dispute arose between the parties as to the quantum of ...... view of the fact that the claims are disputed by the company. The further case of the company is, that the company is willing to pay the legal dues of the petitioners and they have already made some payment to them and the company will give the balance dues to the petitioners on settlement of accou......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
State Vs. Md. Abu Taber, 2004, 33 CLC (HCD)
....risoner on the principle of res gestae as applied in this case. 9. Section 6 of the Evidence Act provides that facts which, though not in issue, are so connected with a fact in issue as to form "part of the same transaction", are relevant, whether they have occurred at the same time and place o......his wife at the subsequent stage". PW 1 has not stated that he has paid Taka 14,000 as dowry to the accused at the time of marriage as per demand of the latter. He has also not stated that after such payment, the accused on greed of dowry has been demanding dowry to him (PW 1). The Bishesh Adalat ha......inding on the basis of the evidence to be available with the record. The office is directed to transmit the case record at once. Ed. This Case is also Reported in: 56 DLR (2004) 556. ..Category: Women and Children | Date: 1 Mar, 2004 | Hits: 164
Govt. of BD. rep. by Sec., Min. of Post, T&T & ors. Vs. Abul Khair, 2004, 33 CLC (AD)
....ice bearers. On the basis of anonymous petition he transferred the respondent to Dhaka GPO from Sadarghat Post Office and a number of inquiries were held to victimise the respondent. Subsequently a departmental proceeding was drawn up against the respondent bringing several charges at the instance o......mar Dutta, sons of the aforesaid Dejindra Chandra Dutta most illegally causing financial loss to the Government. It was also found that the respondent tried to misappropriate Taka 6000 at the time of payment of a Defence Savings Certificate. When the occurrence of temporary defalcation came to the k......llate Tribunal when apparently the respondent has not been dealt with in accordance with law following, the principles of natural justice. The petition is dismissed. Ed. ..Category: Administrative Law | Date: 23 Feb, 2004 | Hits: 125
Jalil Brothers and ors. Vs. Humayun Majid and ors., 2004, 33 CLC (AD)
....Government of East Pakistan by a registered deed of lease dated 6‑10‑65 granted lease of the land situated at Holding No. 21, Motijheel Commercial Area, Dhaka to Enam Elahi and Brothers, a family partnership firm of which his father Abdul Majid and his two brothers were partners, for a period of......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. ......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)
..... 19. P.W.11 Md. Altaf Hossain, full brother of Tipu Sultan, in his evidence blurted out that his brother Tipu Sultan by hints and gesture wanted pen and paper and elder brother from Emergency Department of Hospital took paper and pen and handed over those to younger brother Babul and Babul han......Anjuara Khatoon is sentenced to imprisonment for life. Lower Court’s Record is sent down as early as possible. Ed. This Case is also Reported in: 57 DLR (2005) 277. ......Anjuara Khatoon is sentenced to imprisonment for life. Lower Court’s Record is sent down as early as possible. Ed. This Case is also Reported in: 57 DLR (2005) 277. ..Category: Criminal Law, Evidence Law | Date: 17 Feb, 2004 | Hits: 7
Abdus Sattar (Md) and ors. Vs. Lalon Mazar Sharif & Seba Sadan Committee & ors., 2004, 33 CLC (AD)
.... The Code of Civil Procedure, 1908 (V of 1908), Section 107(B) Remand cannot be allowed as a matter of course to fill up the lacuna of the case of any party…..(6) Order XXVI, rule 12. Report of the Advocate Commissione......ccordingly prepared and finally published. After the death of the said CS recorded tenants Pari Nesa, Abdul Gafur. Elach Nesa, Osiran Nesa, Noorjahan and Amena Khatun inherited the suit land. For non payment of rent landlord filed Money Suit No. 728 of 1944 against the tenants and got a decree, The ......onsideration of the evidence on record has arrived at the correct finding and, as such, no interference is called for. Accordingly, this leave petition is dismissed. Ed. ..Category: Property Law | Date: 11 Feb, 2004 | Hits: 127
Wali Ahmed Bhuiyan Vs. Dr. Jahangir Hossain Bhuiyan, 2004, 33 CLC (AD)
....mself alone and no other independent witness to corroborate his claim of bonafide requirement of the premises in suit. It was also noticed by the High Court Division that earlier plaintiff took other part of the premises from defendant's father and thereupon he has let out the said portion. ......h Court Division of the kind calling for interference by this Division, the petition lacks merit. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......h Court Division of the kind calling for interference by this Division, the petition lacks merit. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..Category: Civil Law | Date: 11 Feb, 2004 | Hits: 209
State Vs. Nazrul Islam @ Nazrul, 2004, 33 CLC (HCD)
....ence, the burden for proving the existence of circumstances bringing the case within any of the General Exceptions in the Penal Code, or within any special exception or proviso contained in any other part of the same Code, or in any law defining the offence, is upon him, and the Court shall presume ...... a copy of his judgment for future reference. Send down the lower court records. Ed. This Case is also Reported in: 57 DLR (2005) 289. ...... a copy of his judgment for future reference. Send down the lower court records. Ed. This Case is also Reported in: 57 DLR (2005) 289. ..Category: Criminal Law, Evidence Law | Date: 20 Jan, 2004 | Hits: 5
Selim Saial Vs. A. Majid Molla and others, 2004, 33 CLC (HCD)
....sion (Civil) Present: AK Badrul Huq J Selim Saial……………………………Petitioner Vs. A. Majid Molla and others………………………………Opposite parties Judgment January 20, 2004. Result: The rule is discharged. Ri...... parties to bear their respective costs of the litigation. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 69. ...... parties to bear their respective costs of the litigation. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 69. ..Category: Property Law | Date: 20 Jan, 2004 | Hits: 6
90241375914113613413212413113090398910629915012988931496788948590