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Executive Engineer, LGED, Rangpur Vs. A Latif & Company Ltd, 2004, 33 CLC (HCD)
....n Act by the Court the learned Arbitrator had no authority to travel beyond the reference. He was obliged to arbitrate on the basis of the application in accordance with terms of the contract and the provisions of the Arbitration Act. 40. There cannot be any two opinions on the authorities cite......(AD) 346 and Dhaka Leather Complex Vs. M/s Sikder Construction Ltd. and another, 12 BLT 17. 22. He submitted that the court cannot sit in appeal and decide the award on merit on facts as well as law. 23. In support, he cited MOL Enterprise Inc. Vs. Bangladesh, 4 BLC 407; Adamjee Sons Ltd. ..Category: Arbitration Law | Date: 11 Apr, 2004 | Hits: 3
Agrani Bank, rep. by the Chairman, BoD, & ors. Vs. Khandaker Badrudduza, 2004, 33 CLC (AD)
.... 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. ......as been observed "It is to be observed that there is a fundamental difference between a disciplinary proceeding against an employee taken departmentally and a criminal proceeding in a Court of law against him on the selfsame facts. In a criminal trial, an offence like criminal breach of..Category: Administrative Law | Date: 6 Apr, 2004 | Hits: 130
Ananda Builders Ltd. Vs. Bangladesh Inland Water Transport Authority and others, 2004, 33 CLC (AD)
.... April 6, 2004. The Constitution of Bangladesh, 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 ......ee appointed by the Ministry of Shipping recommended the application of price escalation made by the petitioner and accordingly, the World Bank was Willing to disburse the money but the respondents Unlawfully declined to claim the money from the World Bank. (2) The High Court Division has comm..Category: Constitutional Law | Date: 6 Apr, 2004 | Hits: 215
Nurul Huq (Md) @ MN Huq Vs. Nirmal Chandra Dutta & anr., 2004, 33 CLC (AD)
.... have contained verification inasmuch as the solenama itself has described it to be a petition and because such petitions do require verification according to law. In this connection he refers to the provision of Order XXIII rule 3 read with Order VI rule 15 of the Code of Civil Procedure and also t......opriated 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 revocation was published in Daily Ittefaq on 5‑6‑1982. Because..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)
....-petitioner no imputation in any respect was levelled against him and that letter of termination does no. carry any stigma on the professional reputation of the writ‑ petitioner, that as per provision of section 492 of the Code of Criminal Procedure read with the provision in Legal Remembr......004. The Code of Criminal Procedure, 1898 (V of 1898), section 492 The relationship between the Special Public Prosecutor and the Government being that of a client and a lawyer and that being the accepted position and whose skill or special know the government was util..Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 201
SM Jillur Rahman Vs. Bangladesh and ors., 2004, 33 CLC (AD)
.... 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. ......ns Case No. 120 of 1993 was made to facilitate acquittal of the accused person and, as such, the order removing the Advocate Mr. Md. Borhanuddin is tainted one and the same has been passed without lawful authority and is of no legal effect. it was the further contention of the writ‑petitio..Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 259
Shakawat Hassan Vs. State, 2004, 33 CLC (HCD)
.... This Case is also Reported in: 57 DLR (2005) 244. ......up in the charge-sheet submitted by police and to pray for regular bail in that Court. The learned Magistrate is directed to deal with the prayer for bail of the accused-petitioner in accordance with law. 9. Accordingly, this application is disposed of Communicate the order to the learned Chief..Category: Criminal Law | Date: 4 Apr, 2004 | Hits: 1
Bangladesh Vs. Md. Amjad Ali Mridha & ors., 2004, 33 CLC (AD)
....t of the prosecution in that case delay shall not be a ground for quashing of the proceeding…………………..(10 & 13) Investigation by Assistant Inspector of the Bureau Reading the provisions of section 5A of the Prevention of Corruption Act, 1947, section 3 (2) of the Anti-corrup......rayed for supplementary investigation on the ground that the allegation of misappropriation covering a period of more than twelve months and therefore only one case will not be maintainable under the law. The learned Special Judge by the order dated 16‑7‑1995 allowed the prayer of the learned Sp..Category: Anti-Corruption Laws | Date: 30 Mar, 2004 | Hits: 74
Ershad Ali Sikder (Md) Vs. State, 2004, 33 CLC (AD)
.... under: "In view of the aforesaid finding's the grounds upon which review of the judgment is sought have already been decided. A wrong decision on interpretation of certain provision of law ‑or principle laid down in a decision relied upon by a Court are no grounds......al on the same night on 165‑1999. Monir and Chayan, however, were brought to Dhaka where they received treatment in the hospital of the Navy with the help of their brother‑in-law Commodore Harun and thereafter in private clinics. 3. The police investigated the c..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)
....urther opportunity ought to have been granted to tile defendant to examine the disputed signatures by a Handwriting Expert. 6. The learned Advocate‑on‑Record has submitted that in view of the provision of section 107, particularly because of the provision of sub-section (2) of section 107 ......to examine itself the disputed signatures" and making tile direction to tile parties as stated hereinbefore. 5. Leave was granted to consider the submissions that the High Court Division erred in law in sending the case on remand on a mere technicality holding that the trial Court ought to have ..Category: Tenancy Law | Date: 20 Mar, 2004 | Hits: 106
BRTC Vs. Md. Esken Mollick and anr., 2004, 33 CLC (AD)
....the Labour Court, Dhaka. 2. Leave was granted to consider as to whether the High Court Division erred in law in not considering that the grievance petition filed by hand in view of the provision of section 25(1)(a) of the Employment of Labour (Standing Orders) Act, 1965, in short, th......pellant 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 requirement of law by interpreting the same detrimental or prejudicial to the interest of the worker unless such ..Category: Labour and Industrial Law | Date: 16 Mar, 2004 | Hits: 99
Mosharraf Hossain (Md) (Babul) Vs. Bangladesh, 2004, 33 CLC (AD)
....red to be taken as contemplated in section 13(2) have been complied with and, as such, we do not find any error in adopting the resolution." 4. As to the contention that the provisions of Rules 11 and 12 were violated, the High Court Division has observed as follows: ......nt March 16, 2004. The Pourashava Ordinance, 1977 (XXVI of 1977), Section 13(1) (d) The resolution of no-confidence taken against the petitioner upon due compliance of relevant law and such resolution having been approved by the competent authority, the order of removal of t..Category: Constitutional Law | Date: 16 Mar, 2004 | Hits: 269
....her an industry nor a commercial, establishment or an industrial establishment. As such, its employees, whether employed in a managerial capacity or otherwise, are not workers, either within the provisions of the IRO or under the Act. They are the employees of the Corporation and the terms and ...... ..............................................Respondents
Judgment
March 14, 2004.
Result:
The Rule is made absolute.
The judgment and order was passed illegally and without lawful authority as-the Corporation is neither an industry nor a commercial, establishment or an ind..
Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4
Jahangir Alam (Md) alias Zakir Vs. State, 2004, 33 CLC (AD)
.... to 10 (ten) years rigorous imprisonment and to pay a fine of Taka 5,000 in default to suffer rigorous imprisonment for 6 (six) months more. Ed. This Case is also Reported in: 56 DLR (AD) 217. ......ioner, firstly contended that the learned Judges of the High Court Division failed to apply its judicial mind in appreciating the facts and circumstances of the case and thereby committed an error of law by affirming the judgment and order of conviction and sentence passed by the Tribunal without co..Category: Criminal Law | Date: 9 Mar, 2004 | Hits: 93
Akram Hossain (Md.) Vs. Sahera Khatun and others, 2004, 33 CLC (HCD)
....nt District Judge is directed to hear and dispose of the suit within a period of three months from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 317. ......................Respondents Judgment March 8, 2004. Result: The Rule is discharged. Whether or not the oral contract as claimed by the plaintiff is genuine and enforceable in law Addition of subsequent transferees is necessary for proper adjudication of the question whe..Category: Contract Law | Date: 8 Mar, 2004 | Hits: 5
Ataur Rahman (Md.) another Vs. Edruc Limited, 2004, 33 CLC (HCD)
....ain 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 sections 241, 242 read with section 245 of the Companies Act inasmu......as been stated that the company is liable to be wound up when it is unable to pay its debts. So, in order to appreciate the scope of the arguments advanced by the learned Advocates let us examine the law and ascertain the legal characteristics of debt. 10. Thus, the only question that calls for..Category: Company Law | Date: 3 Mar, 2004 | Hits: 8
State Vs. Md. Abu Taber, 2004, 33 CLC (HCD)
....t 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 or at different times and places. This provision has enacted the rule which the English text books has treated under the heading of "res ge......ustified in convicting the condemned prisoner in the absence of any legal evidence as to the death of the victim on account of dowry. Since the learned Advocate confined his submission on a technical law point, we are of the view that decision on this point will dispose of the death reference. ..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)
....payment of Taka 6000 of Saving Defence Certificate and no charge under rule 3(d) for corruption was brought against him." "It is evident that as per provision of Rule 10(4) of Government Servants (Discipline and Appeal) Rules 1985 no person was nomi......es 7 and 10 Natural Justice The authority imposing any punishment upon a delinquent staff has a duty to see that he has been dealt with in accordance with law and following the principles of natural justice….(7) Lawyers Involv..Category: Administrative Law | Date: 23 Feb, 2004 | Hits: 125
Jalil Brothers and ors. Vs. Humayun Majid and ors., 2004, 33 CLC (AD)
.... which was in force on 78‑80, provides that‑"Nothing in this Ordinance shall apply to any premises owned by Government." Section 33 of file Premises Rent Control Act, 1991 also contains similar provision. So, late Shamsur Rahman having been inducted as a tenant by the Government on 7‑8‑80,......ment allowed late Shamsur Rahman to continue with the possession of the premises as tenant; since the property of the respondent No. 1 was also taken over as abandoned property under misconception of law and fact, the Government subsequently released the same from the list of abandoned properties by..Category: Tenancy Law | Date: 18 Feb, 2004 | Hits: 133
State Vs. Anjuara Khatun, 2004, 33 CLC (HCD)
....st Class, Jessore proved judicial confessional statement standing on witness box. This P.W.8 divulged that he recorded confessional statement of accused Anjuara Khatoon, filled up columns in Form and provisions of law and procedure had been complied with in recording confessional statement. It, also......cted as author of despicable felony. Incident took place on 13‑4‑1999 at about 11‑30 PM in the homestead of maternal grand‑father of husband Tipu Sultan. 2. Following commission of crime law was set on roll by Abdul Hamid as informant with Kotwali Police Station, Jessore on laying First..Category: Criminal Law, Evidence Law | Date: 17 Feb, 2004 | Hits: 7
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