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Maico Jute and Bag Corporation Vs. Bangladesh Jute Mills Corporation & others, 2002, 31 CLC (AD)
....without referring the plaintiff’s dispute and claim arising out of the said contract to the Tribunal of Arbitration of the Metropolitan Chamber of Commerce and Industry, Dhaka. As such, for ends of justice the above suit is liable to be stayed and the matter in dispute should be referred to the Tr......id section it appears that it has two objects namely, the stay of the proceedings of the suit and for reference of the dispute to the arbitrator for settlement of the dispute. The High Court Division accordingly while allowing stay has referred the matter to the arbitrator. 11. Thus in the facts......udgement August 20, 2002. Result: The petition is dismissed. The Arbitration Act, 2001 (Act No. I of 2001), Section 10 It is absolutely the domain and the discretion of the court to grant the relief sought for or to grant any other general or other relief that may be thought fit......hat the merit is open for arbitration and committed gross illegality in staying all further proceeding of the suit. The learned Counsels further submitted that the High Court Division was in error of law and fact in holding that the arbitration clause would be still subsisting without considering th..Category: Alternative Dispute Resolution | Date: 20 Aug, 2002 | Hits: 280
Bux Shipping Line Vs. Bangladesh Water Development Board & others, 2002, 31 CLC (AD)
....though section 29 of the Arbitration Act did not give the Arbitrator this power he may allow interest on his award till realization on the same analogy to Court's power. This will be in accord with justice and fairness. 8. Dr. Kamal Hossain, learned Counsel for the petitioner ......alization thereof. The review petiÂtion has no merit. Accordingly the same is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 476.......€¦â€¦â€¦â€¦......................Petitioner Vs. Bangladesh Water Development Board & others......Respondents Judgment August 18, 2002. Case Referred to- 46 DLR (AD) 97. Lawyers Involved: Dr. Kamal Hossain, Senior Advoca...... granting of interest by an Arbitrator on the awarded amount this Division reached the following conclusions:- a) Pre-reference Period interest: In the absence of any law or agreement providing for payment of interest by an Arbitrator on an award made by him it will..Category: Alternative Dispute Resolution | Date: 18 Aug, 2002 | Hits: 217
Antibiotic Stores & ors Vs. Subordinate Judge and Artha Rin Adalat & anr., 2003, 32 CLC (AD).
....matter we do n any substance in the submission of the Counsel for petitioners for our interference impugned judgment of the High Court Division. The petition is dismissed. Ed. ......matter we do n any substance in the submission of the Counsel for petitioners for our interference impugned judgment of the High Court Division. The petition is dismissed. Ed. ...... Court Appellate Division (Civil) Present: Mainur Reza Chowdhury CJ Md. Fazlul Karim J KM Hasan J Md. Fazlul Haque J Antibiotic Stores & others .................. Petitioners Vs. Subordinate Ju......sdiction and the petitioners instead of availing the alternative and efficacious remedy as provided by the Code have directly come before this Court by way of writ petition which is clearly barred by law. Hence the writ petition is liable to be dismissed on the ground of maintainability. ..Category: Business or Commercial Law | Date: 12 Aug, 2002 | Hits: 121
Abdus Sobhan Biswas Vs. State, 2002, 31 CLC (HCD)
....Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 556. ......r husband who filed a complaint case before a Magistrate having the competent jurisdiction at Rajbari who sent the petition to Rajbari Police Station for treating it as a first information report and accordingly, the aforesaid PS Rajbari case was started. 3. The police took up investigation, visi......gust 11, 2002. Cases Referred To- Al-Amin vs. State 1999 BLD 307 = 51 DLR 154. Lawyers Involved: ABM Nurul Islam, Advocate—For the Accused Appellant. Md. Robiul Karim, Assistant Attorney-General-For the Respondent State. Criminal Appeal No. 2487 of 1997. Judgment Tariqul...... the said Ain was made out. 4. The case record ultimately came to the file of the present trial Court who on the basis of materials available on record framed charge under the aforesaid section of law and read it over to the accused in the dock to which he pleaded not guilty and demanded trial. ..Category: Women and Children | Date: 11 Aug, 2002 | Hits: 77
....
Accordingly, this petition is dismissed with costs assessed at Taka 5,000 to be paid by the petitioner forthwith to the respondents.
Ed.
This Case is also Reported in: (2002) 22 BLD (AD) 155.
......
Accordingly, this petition is dismissed with costs assessed at Taka 5,000 to be paid by the petitioner forthwith to the respondents.
Ed.
This Case is also Reported in: (2002) 22 BLD (AD) 155.
......dents
Judgment
August 7, 2002.
Result:
The petition is dismissed.
The Constitution of Bangladesh, 1972 Article 102
By way of mandamus enforcement of any legal right or to redress the violation thereof could be availed.
Case Referred to-
Queen Vs. Gu......mpugned judgment of the High Court Division summarily rejecting the writ petition impugning notice dated 28‑8‑1998 issued by respondent No. 1 to have been declared to have been issued without any lawful authority. The petitioner's property was initially enlisted as abandoned property in 'Ka' lis..
Category: Constitutional Law | Date: 7 Aug, 2002 | Hits: 180
Sirajul Islam (Md.) and others Vs. State, 2002, 31 CLC (HCD)
....as been pending for a long time the concerned Special Tribunal, Chittagong is hereby directed to dispose of the same expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 536. ......as been pending for a long time the concerned Special Tribunal, Chittagong is hereby directed to dispose of the same expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 536. ...... Vs. State………………………………………………………………………….Respondent Judgment August 5, 2002. Result: The appeal is dismissed. Cases Referred to- Shamsul Alam Vs. State, 6 MLR 297; Kamruzzaman Vs. State, 1990 BLD (AD) 190; 42 DLR (AD) 219.......hly illegal and, as such, the impugned order dated 6‑9‑1998 of framing of charge against the accused appellants without return of service under sections 87 and 88 of the Code is not tenable in law and liable to be set aside. 4. Mr. Md. Khurshid Alam Khan, the learned Advocate for the add..Category: Women and Children | Date: 5 Aug, 2002 | Hits: 219
Kalu Sheikh alias Kalam Sheikh and others Vs. State, 2002, 31 CLC (HCD)
....against them and they are hereby discharged from their respective bail bond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 502 ......f Abu Bakkar for damaging her pulse and accused assaulted her son for the same. Her son died sitting on the verandah two days after the occurrence. Thereafter she lodged the ejahar which was recorded according to her statement and she put her LTI. In cross-examination P.W. 1 stated that her son went......on dated 26-8-86 passed by the learned Sessions Judge, Pirojpur in Sessions Case No. 21 of 1986 convicting the appellants under sections 304/34 of the Penal Code and sentencing each of them to suffer rigorous imprisonment (RI) for 5(five) years and to pay a fine of Taka 300 in default to s......r P.Ws. as to inflicting of injuries by the accused, as discussed above. The above finding of guilt of the appellants by the learned Sessions Judge is thus erroneous and wrong and not maintainable in law. The impugned judgment is thus liable to be set aside. We find merit in the appeal which must su..Category: Criminal Law, Evidence Law | Date: 31 Jul, 2002 | Hits: 2
Zilaluddin (Md.) Vs. Secretary, Ministry of Home Affairs & others, 2002, 31 CLC (HCD)
....essary from the government shall be absolutely an ex parte affair and the detenu shall be deprived of the opportunity of defending himself which would be a clear violation of the principle of natural justice. More so, when subsection (4) of section 11 of the Act debars a detenu to appear b......produced before the Advisory Board within 120 days from the date of the order of detention as provided in section 10 of the Special Powers Act, 1974 (hereinafter referred to as the Act) and accordingly ordered to set the detenu at liberty at once, if not wanted in connection with any other......ers Involved: M Amir-ul Islam, Tania Amir, Dr. Shirin Sharmin Chowdhury, Manzil Murshed and Shamsul Hasan, Advocates- For the Petitioner. Abdur Razzak, Additional Attorney-General, Abdul Awal, Deputy Attorney-General and ABM Walilur Rahman Khan, Assistant......solute on merit. 2. Mr. Md. Shamsul Huda J: discharged the Rule holding the view that the order of extension dated 30-5-2002 has been issued by the Government in accordance with the provision of law and no illegality has been committed by the Advisory Board in passing its opinion. The grounds o..Category: Criminal Law | Date: 29 Jul, 2002 | Hits: 2
Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2002, 31 CLC (AD)
.... as a document of title creating interest in the immovable property and that this fact has not been noticed by the High Court Division as well as the appellate Court and thus has caused failure of justice, that the irrevocable power of attorney as was not endorsed by the then Pakistan High Commi......sion made herein above we find no substance in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 39. ......e in the case. Section 114 (ii) A registered document carries the presumption of correctness and that one who challenges or disputes that presumption of correctness is required to establish that by legal evidence…………(16) Lawyers Involved: AKM Naz......ule to Exhibit 1 is of the District of Noakhali. A registered document carries presumption of correctness of the endorsement made therein and that one who disputes the said presumption is under the law required to dislodge the correctness of the endorsement in the registered document. Exhibit I ..Category: Civil Law | Date: 27 Jul, 2002 | Hits: 175
MA Gafur and anr. Vs. Govt. of BD rep. by Sec., Min. of Defence and anr., 2004, 33 CLC (AD)
....les. We therefore, find no legal infirmity in the impugned judgments of the High Court Division calling for interference. Accordingly, the petitions are dismissed. Ed. ...... 3. The petitioner MA Gafur, joined as Lower Division Clerk on 1st July, 1965 in the Military Estate Office of erstwhile East Pakistan Circle/Dhaka Cantonment under the Ministry of Defence and, according to the said petitioner, he was running his service to the best. of his capacity and hones...... 9(2) The Government Servants (Discipline & Appeal) Rule, 1976 Rule 3 Retirement after completion of 25 years of service with full pension benefit is not a punishment and it is altogether different from dismissal. Removal or compulsory retirement and any such punishment is gove......have arisen out of the same impugned judgment and order dated 10‑8‑2000 passed by a Division Bench of the High Court Division whereby it discharged the Rules. Since a common question of law is involved both the leave petitions are taken up together for hearing and are disposed of by t..Category: Administrative Law | Date: 24 Jul, 2002 | Hits: 133
Amir Hossain Vs. Homeland Footwear Ltd. and others, 2002, 31 CLC (HCD)
.... on the prayer of Mr. Imtiaz Mahmud, Advocate, let the operation of this judgment be stayed for a period of three months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 478. ...... on the prayer of Mr. Imtiaz Mahmud, Advocate, let the operation of this judgment be stayed for a period of three months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 478. ......41(v) of the Companies Act, 1994, filed by one Amir Hossain praying for winding up of Homeland Footwear Ltd ('the company'). 2. The case of the petitioner, in short, is that the respondent-company took Taka 45,07,386.00 from the petitioner during the period from 11th March, 1999 to 31st December,...... served a notice on 2nd June, 2001, under section 138 of the Negotiable Instruments Act, 1881, demanding repayment within 15(fifteen) days and secondly, on 4th June, 2001, served a notice through his lawyer upon the company under section 242 of the Companies Act, asking it, to repay its debt of Taka..Category: Company Law | Date: 21 Jul, 2002 | Hits: 226
Goutam Chandra Das alias Goutam Kumar Das Vs. State, 2002, 31 CLC (HCD)
.... trial and after the conviction during pendency of the appeal before this Court the accused appellant has continued to suffer imprisonment which was imposed on him in the mistrial, in the interest of justice a retrial should not be directed. This view of ours has been fortified by a decision of the ......d neither deposed that her brother P.W.2 being present at the time of assault tried to stop the accused appellant nor stated that her father and brother could not apprehend the accused. In this case, according to the prosecution story, P.W.1 Purnima Rani Das, P.W.2 Santosh Das, P.W.4 Anima Rani Das ............Appellant Vs. State.........................................................................Respondent Judgment July 20, 2002. Result: The appeal is allowed. Cases Referred to- Abul Kalam and others Vs. Abu Daud Gazi and another, 5 BLC (AD) 19; Abdul Kader alias Manju V...... submits that there having been no evidence to substantiate an attempt to murder, the impugned judgment and order of conviction and sentence under section 10(2) of the aforesaid Act is not tenable in law in the facts and circumstances of the case and, as such, the appeal should be allowed and the ac..Category: Women and Children | Date: 20 Jul, 2002 | Hits: 173
BD rep. by the Sec. Min. of Works & ors. Vs. Kazi Ashrafuddin Ahmed, 2003, 32 CLC (AD).
....s Order XVI of 1972 are not notices in the eye of law; that the house was not listed in the list of abandoned property published by the Government; that respondent accordingly served notice demanding justice without any result. 3. The petitioner contested the rule contending that Mrs. O...... rules framed under President’s Order XVI of 1972 are not notices in the eye of law; that the house was not listed in the list of abandoned property published by the Government; that respondent accordingly served notice demanding justice without any result. 3. The petitioner conte......ent & Disposal) Order, 1972 (PO. No 16 of 1972), Article 10 The Transfer of Property Act, 1882 (IV of 1882) Section 53A The agreement in question is prior to 25th March 1971 binding on the Government in the same way as upon the original owner but the sam....... AP14/Dhan‑7/817/206 dated 24‑12‑1987 and Memo No. Sec. AP14/Dhan-7/87/21 dated 17‑1‑1988 (Annexure B and E respectively to the writ petition) to have been made without lawful authority and of no legal effect. 2. Respondent No. 1 filed the writ petition im..Category: Property Law | Date: 13 Jul, 2002 | Hits: 89
Ibrahim Ali and ors. Vs. State, 2004, 33 CLC (AD)
....the accused there under. Accordingly, the appeal is allowed. The conviction and the sentence of the appellants under sections 468 and 468/109 of the Penal Code are set aside. Ed. ......the accused there under. Accordingly, the appeal is allowed. The conviction and the sentence of the appellants under sections 468 and 468/109 of the Penal Code are set aside. Ed. ......statement in a document by the executant thereof does not saddle him with the liability of committing forgery or that of making of a false document……….(15) Cases Referred to- Shamsul Huda Khan vs Aminul Islam Chowdhury. 3 DLR 201: Ali Akbar vs State, 10 DLR......rcumstances, ... there is a total absence of the ingredients of the offence of forgery as defined in sections 463 and 464 of the Penal Code and so the High Court Division fell into a grave error of law in upholding the conviction and sentence of the petitioners under sections 468/109 of the Pena..Category: Criminal Law | Date: 8 Jul, 2002 | Hits: 90
Kamaluddin (Md.) & anr. Vs. Sec., Ministry of Land, Bangladesh and ors., 2004, 33 CLC (AD)
....herwise of the intermediate or ad‑interim orders(s). In the afore state of the matter, we find no substance in this petition. Accordingly, the petition is dismissed. Ed. ......herwise of the intermediate or ad‑interim orders(s). In the afore state of the matter, we find no substance in this petition. Accordingly, the petition is dismissed. Ed. ......sted in the matter or persons apprehensive of being affected by the act of functionaries performing functions in connection with the affairs of the Republic or of a local authority is not entitled to invoke the writ jurisdiction as against the intermediate steps……(4) ......nd, Bangladesh and others..........Respondents Judgment July 6, 2002. The Constitution of Bangladesh, 1972, Article 102 The law is now settled that unless final order is passed in a matter, person interested in the matter ..Category: Constitutional Law | Date: 6 Jul, 2002 | Hits: 149
Upazila Education Officer & anr. Vs. Tara Miah Akhand & ors., 2004, 33 CLC (AD)
....pugned judgment of the High Court Division does not suffer from any legal infirmity for our interference. Accordingly, this petition merits no consideration and it is dismissed. Ed. ......pugned judgment of the High Court Division does not suffer from any legal infirmity for our interference. Accordingly, this petition merits no consideration and it is dismissed. Ed. ......sp; July 3, 2002. The Code of Civil Procedure, 1908 (V of 1908), Order XXXIX Rule I A party involved in a case can not do any act to bring about a change in the existing state of things when a case is pending in order to obtain a...... was made that there is insufficient land at the existing site of the school are baseless reasons" and, in such view of the matter, the findings of the High Court Division cannot be sustained in law. 6. Mr. A J Mohammad Ali further contended that the plaintiff‑respondent has ..Category: Civil Law | Date: 3 Jul, 2002 | Hits: 206
State Vs. Harish, 2002, 31 CLC (HCD)
....emned prisoner Harish is acquitted of the charge and let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 473.......emned prisoner Harish is acquitted of the charge and let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 473.......3 DLR 512; Aftabur Rahman alias Zangi vs. State 45 DLR 593. Lawyers Involved: M Enayetur Rahim with Md. Jahangir Alam, Advocates—For the Condemned Prisoner. Syed Abu Kowsar Deputy Attorney-General with Fara Mahmuda, Assistant Attorney-General, Monowara Khatun, Assistant Attorney-Ge......dated 21-10-1998. This judgment will dispose of the Death Reference and the Appeal preferred by the convict being Criminal Appeal No. 3032 of 1998 inasmuch as they involve common question of fact and law. 2. The prosecution case, in short, is that about one year before the alleged occurrence th..Category: Women and Children | Date: 2 Jul, 2002 | Hits: 89
Ekushey Television Ltd. and others Vs. Dr. Chowdhury Mahmood Hasan & others, 2002, 31 CLC (AD)
....ed to take a back seat…..(70) This court under constitutional mandate is duty bound to preserve and protect the rule of law. The cutting edge of law is remedial and the art of justice has to respond here so that transparency wins over opaqueness…..(72) G......e of the technical committee in which the minutes or deliberations were recorded to be examined by it. The High Court Division passed two orders for the production of the file before the court but according to it (at page 140 of leave petition No. 504 of 02) the relevant file was not produced an...... Judgment July 2, 2002. The Constitution of Bangladesh, 1972, Articles 102 and 27 Law requires that subsequent change of terms and conditions of tender must be relayed to each and every participant so that all the participants can avail of the equal opportunity while......ellip;..(59) The Ekushey Television is an example of wanton licence with a shady deal in every step of the licensing process. It illustrates how executive power can be corrupted while law is forced to take a back seat…..(70) This court under constitutional manda..Category: Constitutional Law | Date: 2 Jul, 2002 | Hits: 50
Sushil Kumar Paik & another Vs. Harendra Nath Samadder & another, 2002, 31 CLC (AD)
....y that his acts and dealings in the matter have been fair, free from any taint of fraud and illegality. The High Court Division having not considered the said provisions of law resulted in failure of justice in holding such a suit, the defendant‑petitioner cannot invite decision of the court by fr......el for the defendant‑petitioners is covered by issue No. 2 as framed for the suit. The petition is dismissed with observation. Ed. This Case is also Reported in: 8 MLR (AD) 41. ......dvocate (Prabir Haider Advocate with him) instructed by Md Nawab Ali, Advocate‑on‑Record ‑ For the‑Petitioners. Not represented ‑ The Respondents. Civil Petition for Leave to Appeal No. 262 of 2002. Judgment Mainur Reza Chowdhury CJ.- This leave petition by t...... Court with a direction to decide the suit afresh enabling the parties to lead additional evidence of the documents that has been filed by the parties and therefore trial Court had committed error of law in not framing proper issue. The High Court Division after hearing the parties observed that the..Category: Civil Law | Date: 24 Jun, 2002 | Hits: 164
Abdul Majid Sarker (Md) Vs. State and others, 2003, 32 CLC (AD).
....ntendent of Naogaon Jail is directed to release the detenu Masuda Khanam (Hasi), daughter of the appellant forthwith and handover her to the custody of her father the appellant. Ed. ...... 10. In such matters the main criteria is the age of the victim girl. According to the prosecutions on the date of occurrence i.e. on 10‑6‑2000, Masuda Khanam (Hasi) was a minor and, according to the learned Advocate, she is now below the age of 18 years and when she is still a min......nd others................ Respondents Judgment June 9, 2002. An application under section 491 of the Code of Criminal Procedure is maintainable for custody of a minor to see that the minor is not held illegally and in an improper manner and in the in......e petitioner submits that victim Masuda Khanam (Hasi) is a minor girl of 15 years who has been kept in the judicial custody against her will. It is submitted that the High Court Division erred in law in failing to exercise authority under section 491 of the Code of Criminal Procedure in such a..Category: Criminal Law | Date: 9 Jun, 2002 | Hits: 74
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