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Sanwar Hossain Vs. State, 1993, 22 CLC (HCD)

.... Let a copy of this judgment be forwarded to the Additional Sessions Judge, Narayanganj, for necessary action in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 489....... be maintained in view of the confessional statement of Ansar Ali which was true and voluntary and the evidence of prosecution witnesses particularly the evidence of P.W.s 2 and 7. 14. There is no dispute that Khasru Miah, son of the informant Tasar Ali, was murdered by cutting his throat and inf..

Category: Criminal Law | Date: | Hits: 91

Helm Dungemittel Gmbh Vs. BCIC and another, 2009, 38 CLC (HCD)

....firmed and irrevocable letters of credit for supply of prilled/granular Urea in Bag in favour of HELM for the full CFR Chittagong value. Common Clause 24.00 of the contracts also provide foe amicable resolution of any disagreement or dispute by direct informal negotiation and failing that by recours......credit for supply of prilled/granular Urea in Bag in favour of HELM for the full CFR Chittagong value. Common Clause 24.00 of the contracts also provide foe amicable resolution of any disagreement or dispute by direct informal negotiation and failing that by recourse to arbitration under the Act. At..

Category: Alternative Dispute Resolution | Date: | Hits: 172

Md. Alimuzzarnan (Reza) and others Vs. Md. Masudar Rahman @ Babul and others, 2010, 39 CLC (HCD)

....merit in the contention of Mr. Mahmudul Islam. Accordingly, the appeal is allowed without any order as to cost. The suit is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 392. ......xecuted prior in point of time it would take effect earlier than that of the plaintiff but the learned Judges on a misconception of law failed to consider that aspect of the matter. 7. There is no dispute that the defendant had entered into an agreement for sale of the suit lands with the vendors..

Category: Procedural Law | Date: | Hits: 76

Muhammadullah and others Vs. Makbul Ahmed and State, 1991, 20 CLC (HCD)

....ugned proceeding of the Petition Case No.345 A‑1/89 pending in the Court of Chief Metropolitan Magistrate, Dhaka is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 107. ......res of the complainant to the BSRS. for raising a loan. The complainant raised objection stating that he did not consent to mortgage his shares to the BSRS and it was done without his knowledge. As a dispute arose regarding the matter, it was referred to an Arbitration consisting of two members as p..

Category: Criminal Law | Date: | Hits: 89

Alesuddin Mondal Vs. Md. Toyezuddin Dewan, 1991, 20 CLC (HCD)

....n committed by the Courts below. In the result, the Rule is discharged with cost. The lower Court record be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 105. ......istered deed dated 21.8.78 to opposite party No.1 who is a stranger purchaser. No notice of the transfer was served on the petitioner Alesuddin Mondal who is a co‑sharer of the holding to which the disputed land appertains. 4. Opposite party No.1 Faizuddin Dewan contested the case by filing wri..

Category: Property Law | Date: | Hits: 81

Kazi Bashirul Islam alias Laboo Kazi and another Vs. Naresh Chandra Das and others, 1991, 20 CLC (HCD)

....se of the learned Subordinate Judge, Munshiganj, passed in Title Suit No.71 of 1981 are restored. There will be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 98.......rdinate Judge, Munshiganj on 27.8.82 in Title Suit No.71 of 1981. 2. The Suit before the learned trial Court was for specific performance of contract. 3. The case of the plaintiffs was that the disputed land belonged to defendant Nos.1 and 2 and they contracted to sell the disputed land to the..

Category: Procedural Law | Date: | Hits: 59

Naresh Lal Saha and other Vs. Bhupati Mohan Roy and others, 1990, 19 CLC (HCD)

.... In the result, the Rule is discharged without any order as to costs. The order of stay granted by this Court earlier stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 96....... argues that in view of provision of Rule 3 of Order 15, all the issues relating to law as well as on fact must be taken together. He argues that since complicated questions on facts are involved and dispute as to the nature of Trust whether the same is public or private is there, taking that the Tr..

Category: Procedural Law | Date: | Hits: 62

MM Enterprise Limited Vs. General Certificate Officer, Collectorate Building, Comilla, 1992, 21 CLC (HCD)

....ed 11.12.88 are without lawful authority and are of no legal effect. The Rule is therefore made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 407....... is that the petitioner wilfully defaulted to repay the loan money, while the other Cold Storage concerned had all repaid the loan amounts during the period in question. So it turns out that there is dispute between the parties regarding the outstanding loan, particularly the interest and the penal ..

Category: Civil Law | Date: | Hits: 99

A. Jalil Vs. Upendra Chandra Saha & others, 1991, 20 CLC (HCD)

....titioner has been able to explain the long delay satisfactorily. The Rule is, therefore, discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 381. ......This Rule arises out of a prayer for condonation of delay in filing a revisional application under section 115 of the Code of Civil Procedure. 2. Facts relevant for disposal of the Rule are not in dispute and may be shortly stated. An application for pre‑emption under section 96 of the State Ac..

Category: Procedural Law | Date: | Hits: 72

Bangladesh Krishi Bank Vs. M/s. Dadajee Ice Plant and Cold storage Ltd. and others, 2010, 39 CLC (HCD)

.... Artha Rin Suit No.103 of 2001 is maintained. Let a copy of the judgment along with lower Court’s record be sent down at once. M. Moazzam Husain J.- I agree. This Case is also Reported in: ......ight in holding that the plaintiff bank could not prove its case a portion of the terms and conditions of agreements (Ext.2) & (Ext. 18) are required to be referred to for having a better view of the dispute in question. A portion of the Ext.2 reads as follows: “(a) Foreign currency Loan w..

Category: Civil Law | Date: | Hits: 217

Law Dev (Bangladesh) Vs. Bangladesh and another, 2011, 40 CLC (HCD)

....ernment shall resolve the difference of opinion, or the dis­pute, as the case may be, with the assistance of expe­rienced professionals. The consultative function of the Government and its ultimate resolution of the bone of contention, if any between it and the BERC with the assistance of experien......lam further submits that section 26 of the Act No.13 of 2003 lays stress on the independent and distinct existence of the BERC from the Government providing that in case of dif­ference of opinion or dispute between the BERC and the Government on any matter, the Government shall discuss the same wit..

Category: Employment/Service Law | Date: | Hits: 92

New Eastern Trading Corporation Limited Vs. Chairman, Third Labour Court, Dhaka and another, 1991, 20 CLC (HCD)

....made without any lawful authority and to be of no legal effect. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 357....... skilled, unskilled, manual, technical or clerical work whether the terms of employment be expressed or implied and for the purpose of any proceeding under this Ordinance in relation to an industrial dispute includes a person who has been dismissed, discharged, retrenched, laid‑off or otherwise re..

Category: Labour and Industrial Law | Date: | Hits: 124

Abdul Khaleque (Md) Vs. Deputy Commissioner, Dhaka, 1992, 21 CLC (HCD)

....tment Mr. Md. Khalilur Rahman who happened to be the Headmaster of the said School was removed from the post of Headmaster by the Managing Committee and the Managing Committee asked the petitioner by resolution dated 3.3.90 to act as the Headmaster of the said school. A copy of resolution is annexed......e without lawful authority and of no legal effect. Considering the facts and circumstances of the case no order is made as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 369...

Category: Employment/Service Law | Date: | Hits: 59

Bangladesh Vs. Md. Aslam and others, 1989, 18 CLC (HCD)

.... Title Suit No.3 of 1976, is hereby set aside and the judgment and decree of the learned Subordinate Judge are affirmed and maintained. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 69....... acquired by him. 25. These rent receipts were not formally proved by anybody although the same are marked as exhibits. 26. The plaintiff has filed the suit with the assertion that the plots in dispute were settled with him on the basis of the rent receipts granted by the Baraura Tea Company w..

Category: Property Law | Date: | Hits: 96

Dr. Syed Mahbubur Rahman Vs. Bangladesh University of Engineering and Techno­logy, 1991, 20 CLC (HCD)

....alf of the respondents dated 6.8.91). Pursuant to the recommendation of the Selection Board made on 17.6.91 the Syndicate as usual approved the selection of the petitioner on that very day of passing resolution on 17.6.91 for appointment of the petitioner as professor of Computer Science and Enginee......cise of emergency power. He has referred to the following part of the decision in the case of Pakistan Vs. Md. Himayatullah Farukhi, PLD 1969 (SC) 407 which is as follows: "There can hardly be any dispute with the rule as laid down in the cases that apart from the provisions of section 21 of the ..

Category: Employment/Service Law | Date: | Hits: 155

Bangladesh and another Vs. Md. Abdul Karim, 2011, 40 CLC (AD)

....e Administrative Appellate Tribunal, Dhaka. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 143, 31 BLD (AD) (2011) 117, 8 LG (AD) (2011) 159, 16 MLR (AD) (2010) 361, VIII ADC (2011) 589. ...... case are not quoted). The said sub-rules read as follows: (4) Where on the day so fixed neither party appears and it is found that the notices to appear have been served upon the par­ties to the dispute, Tribunal may make an order dismissing the application. (5) Where on the day so fixed the..

Category: Administrative Law | Date: | Hits: 181

Mohiuddin Ahmed and others Vs. Lutfur Rahman and another, 1990, 19 CLC (HCD)

....oners in place of the name of respondent No.1 in respect of the shares which the petitioners had held on 8.3.85 in the above company. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 48. ......onospool Paper Products Ltd. having its registered office at Dhaka with 1020 shares worth Tk. 10,20,000.00. It is further stated that while the share position of the petitioners was as stated above a dispute arose between the petitioners and respondent No.1 and the matter was settled by an agreement..

Category: Company Law | Date: | Hits: 159

Mohammad Mofizuddin Vs. Mohammad Firoj Alam and another, 1991, 20 CLC (HCD)

....ability of the suit. He also came to the factual findings that defendant Nos.1 and 2 could not prove that the plaintiff was found guilty for concealment of his answer script on chemistry and that the resolution of the Centre Committee dated 24.13.81, being not duly signed by the Chairman and other m......of such a power. The Rule is, therefore, made absolute without, however, any order as to costs and the impugned order is set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 36. ..

Category: Civil Law | Date: | Hits: 84

Sadharan Bima Corporation Vs. Philoship Co. S A, 1990, 19 CLC (HCD)

....of the case as stated above, I find no merit in the present suit and as such it is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 31. ......joint survey in order to assess the damage, but with no result. 3. It is also alleged that the defendant No.3 had given an undertaking on behalf of the defendant Nos.1 and 2 in order to settle the dispute and on that undertaking clearance was given to MV Hios to go out from the territorial water ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 177

Anisul Islam Mahmood and others Vs. Government of Bangladesh, 1991, 20 CLC (HCD)

....hese two rules are made absolute without any order as to costs (the consequence of which is that the said two proceedings are quashed). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 1. ......detention communicated to the accused petitioners comes within the mischief of the expression "prejudicial act" as defined in section 2(f) of the Special Powers Act. These grounds of detention were undisputedly and admittedly not based on any report or material whatsoever to enable the detaining aut..

Category: Criminal Law | Date: | Hits: 88