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Bangladesh Inland Water Transport Authority Vs. United Trading Corporation, 1989, 18 CLC (HCD)
....................................Petitioner Vs. United Trading Corporation............................................Opposite Party Judgment May 29, 1989. Result: The Rule is made absolute. Cases Referred to- Moolchand Jothajec Vs. Rashid Jamshed Sons and Co., AIR 1946 Madra......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.......s of the controversy submitted. The suit proceeds on the assumption of the existence and validity of the arbitration agreement and the plaintiff has only added compensation, interest and incidental loss caused to it for dishonoring the award. Hence it is not barred by section 32 of the Arbitration..Category: Civil Law | Date: | Hits: 142
Janata Bank Vs. Mohiuddin Specialised Textile, 2009, 38 CLC (HCD)
....D (AD) 313 = 2 BLC (AD) 173; AIR 1953 (Bom) 445; AIR 1958 (Rajasthan) 145; Messrs MM Ispahani Vs. Sonali Bank, 37 DLR (AD) 1; Maridas Ramchordas Vs. Mercantile Bank of India Ltd., 47 ILR (Bom); Professor A Rahim Khan Vs. Bangladesh, 7 BLT (AD) 313; Mirzaboo Steels Limited Vs. Government of Banglades...... the filing of the suit to the date of Judgment, the High Court Division held that as the award to interest fell within the discretion of the Court which was duly exercised by it, no interference was called for. The order of interest at the rate of 12% during the pendency of the suit and until reali......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. ..Category: Civil Law | Date: | Hits: 141
Delicia Dairy Food Ltd. Vs. Collector of Customs and others, 1998, 17 CLC (HCD)
....as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 381.......ে কাস্টম হাউস, চট্রগ্রামে পেশ করার জন্য অনুরোধ করা যাইতেছে।” So, it is seen that petitioner was called upon by the notice dated 12-3-94 (Annexure-D to the petition) to file, objection, if he had a......should be discharged on the said ground. In view of the discussion made above, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 381...Category: Fiscal/Taxation Law | Date: | Hits: 189
Assistant Custodian, Vested Property Vs. Jugal Chandra Shaha & others, 1988, 27 CLC (HCD)
.... Property..........................Petitioner Vs. Jugal Chandra Shaha & others............................Opposite Parties Judgment November 30, 1988. Result: The Rule is made absolute without any order as to costs. Lawyers Involved: A.K.M. Zahirul Huq, with Fakhrul Islam......tioner by filing a written statement denying the claim of the plaintiff. 3. The suit was fixed for peremptory hearing on 18.6.84 when the original plaintiff, failed to appear when the suit was called on for hearing and the learned Munsif dismissed the suit for default by his order dated 18.6.......years was suffering from various illness and he had no other person to take step in the suit on his behalf as he had no good relation with his two wives and four sons and that he suffered irreparable loss and injury. The learned Munsif by the impugned order allowed the application for restoration of..Category: Limitation Law | Date: | Hits: 275
Bangladesh Beverage Industries Ltd. Vs. Rowshan Akhter and others, 2010, 39 CLC (HCD)
....d is born with expectation of life and with constitutional guaranteed right of basic requirements for living. Death is inevitable but premature death in whatever form is not expected and cannot be consoled. Accidental death also a premature death Government is answerable to all such premature death ......f Tort, as such, Article 120 of the Limitation Act i.e. where there is no prescribed limitation, action can be brought within six years from the date of occurrence is applicable. Similar question was called to answer by the Appellate Division in the case of Jamila Khatun Vs. Rustom Ali, 48 DLR (AD) ......these two item cannot be calculable, according to the learned Advocate, was submitted by the learned Advocate for the appellant on misconception of law and fact as affection, continuous widowship and loss of father by minor children cannot be calculable and whatever the compensation given is given i..Category: Civil Law | Date: | Hits: 339
Dr. Md. Asadullah and another Vs. Sonali Bank Ltd. & others, 2010, 39 CLC (HCD)
.... Dr. Md. Asadullah and another…………………Petitioners Vs. Sonali Bank Ltd. & others………………Opposite-Parties Judgment May 11, 2010. Result: The rule is made absolute and the Civil Rule No.427 (R)/2006 is made absolute. Cases Referred to- Abdul Jalil Vs.......erest within 30 days from the date of receipt of this order. Sent down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 474. ......unt as such, Court should allow their prayer on taking the decreetal amount, as in that case neither the Sonali Bank nor the Bangladesh House Building Corporation nor the auction purchaser suffer any loss as Bangladesh House Building Corporation and Sonali Bank are not want to grab the property but ..Category: Civil Law | Date: | Hits: 156
Majeda Khatun @ Majeda Rahman Vs. State, 1988, 17 CLC (HCD)
.... in case of any violation of the privilege of bail granted hereby to her by this Court. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 76. ...... bail in Bail Case No.37 of 1988 stating, inter alia, that she was suffering from various fatal diseases inside the jail which require her to be treated outside the jail. The learned Sessions Judge called for a report about her health from the jail authority, but the jail authority could not furni......l be free to cancel the bail of the petitioner in case of any violation of the privilege of bail granted hereby to her by this Court. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 76. ..Category: Criminal Law | Date: | Hits: 105
Gani Mia & another Vs. U.N.O., Biswanath, District Sylhet & Others, 1988, 17 CLC (HCD)
..................Petitioners Vs. The U.N.O., Biswanath, District Sylhet & Others...........................Opposite Parties Judgment February 11, 1988. Result: The Rule is made absolute. Cases Referred to- Mst. Jahanara Begum Vs. A.L. Md. Shamsul Huq, 27 DLR (AD) 1; Sa......exercise his discretion to implead the opposite party Nos.5-7 as defendants, even if the impugned order is not proper, interference with such order by this Court in its revisional jurisdiction is not called for. But one may notice that in the cited decision itself it has been stated that the discret......and as such it calls for interference. The impugned order be set aside and the Rule be made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 72. ..Category: Procedural Law | Date: | Hits: 193
Gura Miah and others Vs. Fazar Ali and others, 1988, 17 CLC (HCD)
....M Mahmudur Rahman J Gura Miah and others…….………Petitioner Vs. Fazar Ali and others………………Opposite Party Judgment February 3, 1988. Result: The Rule is made absolute. Cases Referred to- Syed Zaman Khandakar and others Vs. Zubeda Khatun and others, 25 DL......t would follow that where there is no danger at any point of lime of any further breach of public peace then manifestly the invocation of the summary procedure provided in this section is no longer called for and the proceeding should be put an end to." His Lordship while making the aforesaid o......en without having any title and possession therein were giving out that they would forcibly evict the First party men therefrom and thereby were creating apprehension of serious breach of peace and loss of lives and properties. The said application was sent to Officer-in-Charge Maheshkhali P.S. wh..Category: Criminal Law | Date: | Hits: 126
Khaled Akbar Vs. Government of Bangladesh and others, 1989, 18 CLC (HCD)
....e land being in urgent need of the opposite party No.2 a fresh land acquisition proceeding was started and the Government took steps for acquiring the land. Thereafter the petitioner being the eldest son of late Basharatullah accepted the compensation and filed an application under section 28 of the......t the District Judge of a District is a Member, Appellate Tribunal for (c) hearing of the appeal from the decision passed by the Arbitrator appointed under section 27 of the Ordinance. Thus, we are called upon to see whether the function which the Member, Appellate Tribunal discharges in decidin......stice calling for our interference by this Court in these cases. Consequently these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 66. ..Category: Alternative Dispute Resolution | Date: | Hits: 280
Ehsanul Hoque Vs. General Manager, Agrani Bank, 1989, 18 CLC (HCD)
....es not arise. Hence the connected rule is also discharged without any order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 60. ......uthority or public functionary has got certain powers and functions to act according to the law which gives him the authority and power to act and to pass orders on and his action or order can not be called in question in the Court of law, unless he violates those laws and rules, in exercising his......ed, the question of amendment of the plaint does not arise. Hence the connected rule is also discharged without any order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 60. ..Category: Employment/Service Law | Date: | Hits: 175
Shah Alam Chowdhury Vs. State, 1989, 18 CLC (HCD)
....titioner Shah Alam Chowdhury should not be enlarged on bail in Sessions case No.118 of 1988 under sections 302/34 arising out of Dhanmondi P.S. Case No. 3(II) 86. A Suo-Motu Rule being No.47/89 was also issued on 13.2.89 calling upon the Deputy Commissioner, Dhaka, the Chief Metropolitan Magistrate,......went out of the house driving the car. Finding that on that night her husband deceased Nuru Miah Chowdhury was not returning to his house up to 11 P.M. informant Mrs. Jesmin Chowdhury became anxious, called and asked the driver Jahangir about the whereabouts of Nuru Miah Chowdhury. Driver Jahangir r......e Suo Motu Rule No. 47/89 is also discharged. Let a copy of this judgment along with the lower Court records be sent down at once. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 49. ..Category: Criminal Law | Date: | Hits: 127
State Vs. Jahaur Ali & Others, 1987, 16 CLC (HCD)
.... is allowed. Lawyers Involved: Sultan Ahmed, Deputy Attorney General, with Md. Yunus Ali, Advocate—For the Appellant (State). Akram Hossain Amin, Advocate—For the Absconding condemned prisoners. Death Reference Case No.2 of 1985. Judgment Syed Fazle Ahmed J.- This reference und...... Ali and Sheer Mahmud and others. He further requested to recover that money from Abdul Jalil. Accordingly Jalil's uncle Pashan Ali and Sheer Mahmud and Muslim's father Jan Mohammad and Jahur Ali called Jalil's elder brother Saburuddin from village Kalamati to village Bhothat at about 12' o cloc......rejected and case is sent back on remand to trial Court for holding the trial of the case in the light of the observations made above. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 94. ..Category: Criminal Law | Date: | Hits: 107
....rs being letter Nos.3380004 and 3380002 dated 8.11.88 and received on 14.11.88 intimating that as per the Respondent No.2's order natural gas should not be supplied to the petitioner any more. No reasons or grounds have been stated in the said letter and in fact, on 15.11.88 the Respondent No.1 d.......
In the result, the Rule is discharged without any order as to costs.
The stay order granted by this Court earlier is vacated.
Ed.
This Case is also Reported in: 42 DLR (HCD) (1993) 33.
......nt No.1 disconnected the gas connection in respect of Gas Customer No.3380004. That the said orders are arbitrary, capricious and whimsical and disconnection in respect of the line will result in colossal loss to the' petitioner and the public at large resulting in shortage of materials in the m..
Category: Others | Date: | Hits: 227
Abdus Salam Vs. Sirajul Islam, 1989, 18 CLC (HCD)
....ur Rahman J Abdus Salam………………............Petitioner Vs. Sirajul Islam………………………...Opposite Party Judgment April 17, 1989. Result: This Rule is made absolute. Case Referred to- Amelendu Majumder Vs. Selimuzzaman, 7 BLD 114. Lawyers Involved......n by its order dated 19.2.1989. That order was appealed in Election Tribunal Appeal No.5 of1989 before the District Judge and the District Judge by his order dated 28.2.1989 registered the appeal and called for the records fixing 1.4.1989 for hearing. This order has given rise to the present Rule. ......peal find answer in the foregoing discussion. For these reasons, this Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 27. ..Category: Election Law | Date: | Hits: 194
Abdul Sattar & another Vs. Osimuddin & others, 1988, 17 CLC (HCD)
.... case land in plot No.314 of Mauja Sadish. The plot No.312 was owned and possessed by the petitioners O.P. Nos.8-9 and O.P. Nos.31-32 while plot Nos.313 and 315 were owned by O.P.No.67. The O.P. No.2 sold the case plot to O.P. No.1 without the knowledge of the petitioners and collusively executed an......Involved: A.K. Badrul Huq, Advocate-For the Petitioners. Hemayetuddin Ahmed, Advocate-For the Opposite Party. Civil Revision No.12 of 1986. Judgment Qazi Shafi Uddin J. - This Rule called in question the judgment and order dated 23.11.85 passed by Mr. Ali Ashrof Khan Lodhi, Subord......deposited by the petitioner Tasimuddin in this pre-emption case. In the result the Rule is discharged. I make no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 24. ..Category: Property Law | Date: | Hits: 100
Rafiqul Islam & another Vs. Abul Kalam & others, 1988, 17 CLC (HCD)
....the suit was not maintainable and the learned Munsif in restoring the suit on setting aside the order of dismissal of the Miscellaneous Case No.47 of 1983 acted without jurisdiction and the order also suffers from an error of law occasioning failure of justice. An order passed by a Court under Ord......of the suit itself and the Court restored the Misc. case on condition of payment of cost. The expression "default in payment in cost" is not synonymous with the term "non-appearance when the case was called on for hearing". Where the plaintiffs case under Order 9, rule 9 C.P.C. is allowed but subseq......le is discharged without any order as to costs and the suit is restored to its file and number and the order impugned is affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 19. ..Category: Criminal Law | Date: | Hits: 85
Crescent Jute Mills Company Ltd. Vs. Chairman, Labour Court and another, 1996, 25 CLC (HCD)
....against him. In that departmental proceeding witnesses were not examined in his presence and he was not given chance to cross- examine them in a mala fide manner and his past service record was not also considered and as such order of dismissal was illegal. In that case on 11-4‑1984 none of the pa......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. ...... petitioner neither filed written statement nor appeared before the Labour Court on the date the complaint petition was rejected we are of the view that petitioner cannot be said to have suffered any loss by the order of restoration and, as such, cannot be aggrieved by them. Since the overriding res..Category: Labour and Industrial Law | Date: | Hits: 177
State Vs. Moksed Ali and others, 2011, 40 CLC (HCD)
.... Appellate Jurisdiction) Present: Syed Refaat Ahmed J Md. Habibul Gani J State……………………Petitioner Vs. Moksed Ali and others…………………………Condemned-Prisoners Judgment February 1, 2011. Result: In the result, Death Reference No.139 of 2005 ......elper" Badshah. The route travelled by these four persons take a trajectory taking the two assailants and their unsuspecting victims from Nabinagar to Manikganj and by the end of the day to a place called Utholi followed by Tepra Bazar and its adjacent locality Rupsha. It is at Rupsha that at leas......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. ..Category: Criminal Law | Date: | Hits: 131
Shamima Sultana Seema and 9 others Vs. Government of Bangladesh and 3 others, 2004, 33 CLC (HCD)
....amima Sultana Seema and 9 others...............Petitioners Vs. Government of Bangladesh and 3 others.................Respondents Judgment August 16, 2004. Result: The Rule is made absolute. Cases Referred to- Kudrat-e-Elahi Panir Vs. Bangladesh, 44 DLR AD 319 at paras 66 and ......f the petitioners and also the ASK and the BMP. 20. The Historical Background: According to the Holy Bible and the Holy Quran, Adam and Eve (Hawa), the first man and woman were sent to this planet called Earth together. They faced the ordeal of the world as it was thousands of years ago and toget......sexes in all spheres of human faculties including in the elected offices not only as a matter of principle but also as a definite constitutional right. There may be a number of reasons for their such loss of enthusiasm and lack of interest and it is for the social scientists and statesmen themselves..Category: Constitutional Law | Date: | Hits: 443
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