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....lt all the three appeals are disÂmissed but in the facts and circumstances of the case we direct the parties to bear their own costs.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 125.
......appointed a second surveyor to do the same job. A difference having arisen as to the amount of loss or damage sustained by the appellant, both the appellant and the insuÂrance companies referred the dispute to a mutually agreed and appointed sole Arbitrator who made an award on the 19th December, 1..
Category: Business or Commercial Law | Date: | Hits: 290
Emdadul Hoque Miah Vs. People's Republic of Bangladesh, 1989, 18 CLC (HCD)
....ted 17.10.87 is illegal and has been made without any lawful authority and is of no legal effect. There will be no order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 110.......r under suspension from the office of the Chairman is without jurisdiction and has been made without any lawful authority and in an unlawÂful manner. The learned Advocate for the petitioner does not dispute the provision of law laid down unÂder section 13 (A) of the Ordinance, but his contention i..Category: Others | Date: | Hits: 175
National Bank Ltd. Vs. Haroon Malik and Others, 1989, 18 CLC (HCD)
....ctor with the proposed name of National Bank of Bangladesh. The co-sponsors auÂthorised him to make all communication with the Bangladesh Bank and he incurred initial expenses of Tk. 25, 000/-as per resolution of the co-sponsors. The Bangladesh Bank informed him last on 4.5.82 not to proceed furthe......atter. Therefore, we do not find any ground for interference. In the result, the Rule is disÂcharged but without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 103...Category: Business or Commercial Law | Date: | Hits: 282
Abdus Samad Azad and others Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....1991 having not been before this Court, the impugned Ordinance having been withdrawn, that petition is disposed of accordingly. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 354. ......ing in Parliament, the right to elect the Speaker and the Deputy Speaker which is by open ballot as in the Constitution and the right and duty to elect its own leader in the house and when there is a dispute by open division therefore. There is thus no uniformity of voting procedure. Both the system..Category: Constitutional Law | Date: | Hits: 414
Mahbubur Rahman Vs. State, 1992, 21 CLC (HCD)
....lication is allowed and the Rule made absolute. The impugned order dated 4.6.90 is hereby set aside. Stay stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 342. ...... the manner done, but he submits that the Special judge has power and jurisdiction to direct further investigation and, as such, the first order should not be quashed as a whole. 6. There is no dispute regarding the legal position that the Court has jurisdiction to direct further investigation..Category: Criminal Law | Date: | Hits: 78
Lal Banu Bibi and others Vs. Nourjan Banu, 1986, 15 CLC (HCD)
....ded but no fresh evidence will be admitted. Cost will abide by the result of the suit. Send down the lower Court's records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 519....... 7. Heard the learned Counsel of both the sides at length. I have been taken through pleadings of the parties, evidence on record as well as the judgment pronounced by the Courts below. It is not disputed that plaintiff opposite party out of love and affection for her youngest daughter petitione..Category: Property Law | Date: | Hits: 134
Bangladesh Inland Water Transport Authority Vs. United Trading Corporation, 1989, 18 CLC (HCD)
....der of the learned Subordinate Judge cannot be sustained. In the result the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 513.......of the B.I.W.T.A. at Barisal for thorough repair. The defenÂdant petitioner made inordinate delay in repairing the oil tanker and mutual claims and counter-claims cropped up between the parties. The dispute was reÂferred to the Ministry concerned and it was agreed that it will be settled through a..Category: Civil Law | Date: | Hits: 142
Janata Bank Vs. Mohiuddin Specialised Textile, 2009, 38 CLC (HCD)
....l be paid in Money Suit till realisation of decreetal amount. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 501. ...... Bangladesh, 7 BLT (AD) 313, it has been held: "It is true that the High Court Division suffered from a misconception of fact that there was already an agreement/contract between the parties and a dispute has arisen over the terms and conditions thereof which was the subject matter of the writ pe..Category: Civil Law | Date: | Hits: 141
Bangladesh Beverage Industries Ltd. Vs. Rowshan Akhter and others, 2010, 39 CLC (HCD)
....ucation as education makes a man a bit responsible. Communicate this order at once. Send down the lower Court records at once. Ed. This Case is also Reported in:Â 62 DLR (HCD) (2010) 483. ......ustries Limited directed against Judgment and decree dated 20-3-2003 passed by the learned Joint District Judge, 3rd Court, Dhaka decreeing Money Suit No.3 of 1991. 2. The fact of this case is not disputed. Deceased Mozammel Hossain Montu while met accidental death at 5-30 PM of 3-12-1989 was a n..Category: Civil Law | Date: | Hits: 339
Gani Mia & another Vs. U.N.O., Biswanath, District Sylhet & Others, 1988, 17 CLC (HCD)
....and as such it calls for interference. The imÂpugned order be set aside and the Rule be made absoÂlute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 72. ......and 7 in a Writ Petition on consideration that they were in posÂsession of the property when the Writ petition was brought by the appellant challenging the validity of Government order declaring the disputed property as abandoned property and himself claiming it as the owner thereof. Their Lordship..Category: Procedural Law | Date: | Hits: 193
Gura Miah and others Vs. Fazar Ali and others, 1988, 17 CLC (HCD)
....me and the proceeding under section 145 of the Code of Criminal Procedure is hereby dropped. In the result the Rule is made absolute. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 70.......e report his Lordship Mr. Ahsanuddin Chowdhury J. (as his Lordship was then) held as follows: "The use of the word "exists" in the present tense in sub-section (5) of section 145 connotes that the dispute must continue to exist even at the time when the objection is raised. The main purpose of th..Category: Criminal Law | Date: | Hits: 126
Muktar Hussain Khan Vs. Suresh Chandra Dey & Others, 1989, 18 CLC (HCD)
.... provision of Order 41, rule 27 of the Code of Civil Procedure. The Rule is, therefore, made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 86. ...... No.1 as appeared in the Bainapatra was similar to signature in the written statement and other documents which were before the Court. Further, that Court found that there was agreeÂment to sell the disputed land between the plaintiff and defendant No.1 on receipt of consideration of Tk. 9,000/- th..Category: Civil Law | Date: | Hits: 133
Abdus Salam Vs. Sirajul Islam, 1989, 18 CLC (HCD)
....peal find answer in the foregoing discussion. For these reasons, this Rule is made absoÂlute. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 27. ......section (4) provides for an apÂpeal from the decision of the Election Tribunal in the Election case itself and no appeal lies to the DisÂtrict Judge from an order which does not decide the election dispute itself. He further submits that the order appealed before the learned District Judge is not ..Category: Election Law | Date: | Hits: 194
Muhammad Zulfikar Vs. Abul Kalam Chowdhury & others, 1989, 18 CLC (HCD)
....as to costs. The 1st Court of Additional District Judge shall proceed with the appeal expeditiously keeping in view the public interest. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 21.......section (4) of secÂtion 29 of the Ordinance No.21 of 1983 means a person designate. But the learned Counsel urges that the Ordinance is a special statute and creates a special forum for deciding the dispute between the parties arising out of election and argues that when the OrdiÂnance has not def..Category: Election Law | Date: | Hits: 192
....ter by implication without any subÂstance.
There is no merit in this application. AccordingÂly, this application is rejected in limine.
Ed.
This Case is also Reported in: 42 DLR (1990) 13.
......n my opinion, is debarred from entertaining plaint on such matters and the jurisdiction of Civil Court shall not be ousted by implication or intendment. In this case the allegations constituted civil dispute inasmuch as the relief sought for is for declaration of the issuance of the certificate on t..
Category: Labour and Industrial Law | Date: | Hits: 178
Crescent Jute Mills Company Ltd. Vs. Chairman, Labour Court and another, 1996, 25 CLC (HCD)
....under the provisions of section 25 of the Act as found above. In the result, the Rule is discharged without any order as to Costs. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 201. ......whether the Labour Court could pass an order of stay of transfer order till disposal of the IRO case. In deciding that case it was held that Labour Court in adjudicating and determining an industrial dispute acts as a civil Court for a limited purpose and it will not exercise power like those given ..Category: Labour and Industrial Law | Date: | Hits: 177
State Vs. Moksed Ali and others, 2011, 40 CLC (HCD)
....dditional Sessions Judge, Manikganj immediately. Send down the Lower Court Records at once. Communicate this order forthwith. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 346. ...... basis for conviction of their co-accused". The State Defense Lawyer has also pointed out that in according the status of substantive evidence to such confessional statement one would easily be in dispute of the true interpretation of section 30 of the Evidence Act read with section 3 of this sai..Category: Criminal Law | Date: | Hits: 131
Shamima Sultana Seema and 9 others Vs. Government of Bangladesh and 3 others, 2004, 33 CLC (HCD)
....ing the National Immunization Day 1st Round. In the said meting it was resolved that the Commissioners elected in the reserved seats would maintain 31 centres out of 518 centres (Annexure E). Another resolution was taken in a meeting held on 17‑8‑2002, in respect of prevention of Dengue, but the......ntly, the said circular is non est in the eye of law. 60. The learned Attorney‑General did not however raise objection on the amended provision allowing reserved seats, exclusively for women but disputed the other contentions raised on behalf of the petitioners in respect of the powers of the G..Category: Constitutional Law | Date: | Hits: 443
Abdul Jalil Shah and another Vs. Rahima Khatun and others, 1998, 27 CLC (HCD)
....rably within 6(six) months from the date of receipt of this order. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 441. ......sing the present petitioners in to the category of the plaintiffs in the instant partition suit as prayed for, on the facts and circumstances, for complete and proper adjudication of the questions in dispute in the suit and to avoid multiplicity of litigations between the parties. In the resul..Category: Civil Law | Date: | Hits: 154
....t and Respondent No.11 the Deputy Commissioner, Rangpur (who is also the Chairman, District Management Board‑Abandoned Property, Rangpur) as to why they should not be directed to give effect to the resolution dated 20.7.84 passed by the District Management Board (APCC‑BPCC) presided over by the ......citizenship or he owned allegiance to any other country.
The Rule is accordingly made absolute without any order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 340...
Category: Immigration and Citizenship Law | Date: | Hits: 178
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