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Bangladesh Water Development Board and other Vs. Progati Prakaushali & another, 1996, 25 CLC (HCD)
.... The learned Advocate further submits that the learned Subordinate Judge erred in law in holding that the objection filed by the opposite party of the Miscellaneous case has not been filed within the stipulated period and the said finding is absolutely misconceived and not tenable in law. The learne......in that the said written objection application under section 33 read with section 30 of the Arbitration Act was not filed by the second party appellant before the learned Subordinate Judge within the period of limitation as provided in Article 158 of the Limitation Act. The second ground for rejecti..Category: Alternative Dispute Resolution | Date: | Hits: 606
Rawsan Ara Begum alias Rawshani Vs. State, 2005, 34 CLC (HCD)
....nt who is on bail is discharged from the bail bond. Send down the lower Court records at once for information and necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 29. ...... well settled that unusual delay in lodging first Information Report cannot be accepted and it makes the prosecution case very shaky and doubtful and it is fatal for the prosecution as the longer the period of delay the greater is the suspicion in the prosecution case With this regard reliance can b..Category: Criminal Law | Date: | Hits: 142
Mohammad Ali Miah and others Vs. Md. Sekander Ali Haowlader, 2007, 36 CLC (HCD)
....ated that the defendants executed an agreement to sell the suit land to the plaintiff for an urgent need of money but due to the failure of the plaintiff to pay the balance amount of money within the stipulated time, the defendants have suffered a lot; that in order to defraud and deprive the defend...... the plaintiff would have no claim against the defendant; that the plaintiff filed this suit with an ill motive and with an intention to abuse the process by coming to this Court after waiting a long period from the date of execution of the agreement and that as the plaintiff has no legal entitlemen..Category: Civil Law | Date: | Hits: 102
Abdus Samad @ Md. Abdus Samad Vs. State, 2011, 40 CLC (AD)
....d Senior Counsel for the petitioner merit no consideration. In the result, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 332. ......g the petitioner under sections 302/148 of the Penal Code and sentencing him there under to suffer imprisonment for life and also to pay a fine of Tk.10,000/- in default, to suffer R.I. for a further period of 2(two) years. 2. Relevant facts necessary for disposal of this leave petition are that ..Category: Criminal Law | Date: | Hits: 116
....out lawful authority and is of no legal effect.
In the facts and circumstances of the case there will not be any order as to costs.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 331.
......spect of the Ferry ghat from 1‑7‑95 to 30‑6‑96. Dispute seems to have cropped up when the authorities extended the lease of respondent No.5 for six months from 1‑7‑96 to 10‑1‑97 which period fell within the lease term beginning from 1‑7‑96 and ending on 30‑6‑97. For the above..
Category: Civil Law | Date: | Hits: 178
Serajul Islam Vs. State, 1996, 25 CLC (HCD)
....w detained in Dhaka Central Jail be set at liberty at once if not wanted in any other matter. The Rule is accordingly made absolute. Ed. This Case is also Reported in:49 DLR (HD) (1997) 209. ......The District Magistrate, Dhaka on 11‑11‑95 issued an order, in exercise of power conferred by section 3(2) of the Special Powers Act, 1974, directing the detention of the aforenamed detenue for a period of 30 days from the date of service of the said order upon the datenu. A copy of the order wa..Category: Criminal Law | Date: | Hits: 127
Dulal Howlader & others Vs. State, 1995, 24 CLC (HCD)
..... However, the accused may be prosecuted, if the prosecution so desires, under the normal law of the country. Send down the record. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 269. ......a schedule offence under the Special Powers Act and sentenced them to suffer rigorous imprisonment for seven years and to pay a fine of Taka 500.00 each, in default thereof to suffer RI for a further period of three months. 6. Being aggrieved by that Judgment the accused appellants preferred this..Category: Criminal Law | Date: | Hits: 132
State Vs. Abdul Awal, 1983, 12 CLC (HCD)
.... Let a copy of this Judgment be forwarded to the learned Magistrate wherever he is posted now. Mohammed Habibur Rahman J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 151. ......c entity of their own and they can sue and be sued in the ordinary Court in their own names. They do not have any special privilege in legal proceedings brought by them or against them. The special period of limitation enjoyed by the Government in many cases are not applicable to them unless the s..Category: Others | Date: | Hits: 163
Hanif Chowdhury alias Serajul Islam Chowdhury Vs. Mohammad Hasan Ali and another, 2007, 36 CLC (HCD)
....red into a contract for sale of the said land at Tk.30,000/- in favour of the plaintiff Mohammad Hasan Ali. Out of that consideration money an amount of Tk. 12,000/- was paid as earnest money. It was stipulated that the rest Tk. 18,000/- would be paid within a month and Rahima Begum would execute an......tay granted by this Court dated 2.9.1992 is hereby vacated. The officer is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 415. ..Category: Civil Law | Date: | Hits: 129
Nurul Huda Miah (Md) Vs. Dhaka Water Supply and Sewerage Authority and others, 1992, 21 CLC (HCD)
....9.10.1989 the same is discharged. There will be no order as to costs in the Rules considering the facts and circumstances of the cases. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 527.......89 opined that petitioner's suspension on the expiry of one month became void as per the model rules applicable to the petitioner and it was undesirable to keep him under suspension for an indefinite period; that the respondents having notwithdrawn the order of suspension the petitioner on 4.3.89 is..Category: Employment/Service Law | Date: | Hits: 231
Akramuzzaman Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....ing which it had already collected tolls. With this direction the Rule is discharged without any order as to costs. Stay is vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 209....... Subsequently, the respondent No.6 issued notices inviting second, third and fourth tender on 17-5-99, 1-6-99 and 13-6-99 respectively for leasing out IWTA ghat points and Canal Toll Stations for the period from 1-7-99 to 30-6-2000 but every time the said Canal Toll Station was excluded. 6. The p..Category: Others | Date: | Hits: 170
Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)
....titioners vide Annexure-Z(3) of the writ petition. Considering the facts and circumstances of the case, we pass no order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 357....... which this petitioner came first in the order of merit. This notification dated 16th February, 1993 is Annexure-A(1). The petitioner joined his service on 1st April, 1994. After only 9 months of the period of the petitioner’s service in the Ministry of Commerce as Assistant Director, Export and I..Category: Employment/Service Law | Date: | Hits: 186
Bangladesh Vs. CMA CGM Bangladesh Shipping Limited, 2009, 38 CLC (AD)
....ave any bearing on the suspension or revocation of the licence, inasmuch as the respondents themselves have issued the licence to the petitioner upon fulfillment of all the relevant conditions as stipulated in the law; that the petitioner sent a reply to the respondent No.3 against the impugned ...... context of strong external pressure, which has been largely published in a local media recently, the competent authority decided to suspend the shipping licence issued to CMA CGM for an indefinite period of time. Furthermore, it is stated that more generally, it sends a very bad signals to foreig..Category: Administrative Law | Date: | Hits: 318
Janapriya Rice Mills Ltd and 2 others Vs. Bangladesh, 1996, 25 CLC (HCD)
.... passing the impugned order. We therefore find no merit in these Rules. In the result, all the Rules are discharged with costs. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 277. ...... Rules used to crush Government paddy in the respective rice mill of each of the petitioners from 1979 to 1982. They having failed to deliver contracted quantity of rice after crushing paddy for that period they were liable to pay value of the said rice to the Government. Petitioner Janapriya Rice M..Category: Others | Date: | Hits: 146
State Vs. Abul Howlader, 1995, 24 CLC (HCD)
....rom death penalty to that of rigorous imprisonment for 8 (eight) years. The jail appeal being Jail Appeal No.1251 of 1992 is dismissed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 257.......o the occurrence the accused was repeatedly insisting on taking his wife and the newly born child to his house with out paying any heed to the request of the informant to take them after the delivery period of P.W.2 was over.” He further observed that, “Being enraged by his wife's refusal ..Category: Criminal Law | Date: | Hits: 97
British Airways Plc. Vs. Bangladesh Air Services Pvt. Ltd., 1996, 25 CLC (HCD)
....e, Dhaka, in Arbitration Misc. Case No.368 of 1994/37 of 1994 is set aside. Send a copy of this order to the trial Court at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 249. ....... TH Khan, a senior Counsel of the Supreme Court, as arbitrator, but the British Airways at that time did not object to the nomination or appointment of Mr. TH Khan and after expiry of the prescribed period as per provision of Arbitration Act, 1950, which has been made applicable as per clause 14 of..Category: Alternative Dispute Resolution | Date: | Hits: 304
Sreemati Hari Rani Basak and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....f Pakistan Rules which is contained in Part XVI of aforesaid Rules dealing with Enemy Property empowers the Government to promulgate order and prescribe thereby the doing certain acts by custodian as stipulated in clause (a) and (f). 45. In exercise of the power conferred by Sub-Rule (1) of Rule ......The Defence of Pakistan Rules the pivotal points now emerge are: Whether Plaintiff-Petitioner, or her predecessor father Kala Chand Basak had been resident in enemy territory that is India during the period of Proclamation of Emergency and whether they were enemies as defined under Sub Rule 2 of Rul..Category: Procedural Law | Date: | Hits: 108
....1986 held that the demand of Customs and Excise, Circle‑I, Jessore was just and proper and the petitioner was directed to deposit arrear of tax with interest without further delay. It was further stipulated in the said order of adjudication of the Assistant Collector of Customs and Excise, Jesso......n 9‑11‑86 approval was given to the reduction of seats as prayed for. That dispute arose between the petitioner and the Customs authority of Jessore with regard to payment of Capacity Tax for the period 4‑7‑1985 to 8‑11‑1986, that is, the period in between the submission of application t..
Category: Fiscal/Taxation Law | Date: | Hits: 278
Zafar Ali (Md.) Vs. Md. Momtaz Hasan & others, 1997, 26 CLC (HCD)
....hose of the trial Court are restored. The suit is decreed. Send down the records to the Court below at once. No order as to costs. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 319. ......ortgage. In para 5 of 34 DLR (AD) 237, it has been held as follows: "Unless earlier redeemed by repayment of the consideration a mortgagor acquires right to redemption on the expiry of the maximum period of seven years, and if the mortgagee does not voluntarily restore possession of the land to t..Category: Property Law | Date: | Hits: 117
Md. Zulfikar Mahmud Vs. National University and others, 2006, 35 CLC (HCD)
....vice and to implement this order as per rules within 30 days from the date of receipt the copy of this Judgment and report compliance. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 51. ......ower which is clear violation of the principle of natural justice. 15. It appears that no charge was framed against the petitioner nor any enquiry officer was appointed by the authority within the period of about 10 months from the date of putting him under suspension as such issuance of show Cas..Category: Employment/Service Law | Date: | Hits: 165
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