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Helm Dungemittel Gmbh Vs. BCIC and another, 2009, 38 CLC (HCD)
....f any order to have been made by this Court in conjunction with the Arbitration Application No.1 of 2007. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 783. ......for supply of urea. Common Clause 14-01 of the contracts require that BCIC establishes confirmed 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......various provisions of the Arbitration Act, 2001 ("the Act") are predicated upon the same facts reflecting, however, differing responses from the two parties to these Application elicited at various stages of the arbitration process from its very initiation through to the making of an arbitral award ..Category: Alternative Dispute Resolution | Date: | Hits: 172
Bangladesh Vs. Md. Ataur Rahman and others, 2011, 40 CLC (AD)
....il, 2011 and thereafter the respondent shall file the same within 17th April, 2011. The appeal is fixed for hearing on 26th April, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 415. ......il, 2011 and thereafter the respondent shall file the same within 17th April, 2011. The appeal is fixed for hearing on 26th April, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 415. ...... been violated by the impugned warrant of precedence seeking redress under Article 102 of the Constitution and that in framing the impugned Warrant of Precedence, the executive government follows the age old the principles, conventions and traditions considering the functions and authority of respec..Category: Constitutional Law | Date: | Hits: 441
....ral and documentary, and as such no interference is called for.
We find no substance in this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: VIII ADC (2011) 410.
......the plaintiff that the authority accepted his offer and accordingly the ownership of the property concerned henceforth stood transferred in favour of the plaintiff as the tender money was received in full by them. The plaintiff was further advised to take over possession of the property in question ......150/152, B.K. Road, Narayanganj was declared as Enemy Property (Jute) after the war of 1965 as per Rule 182 of the Defence of Pakistan Rules. Its assets and liabilities including maintenance and management were vested in the Additional Custodian Enemy Property (Judge) by a Gazette Notification pub..
Category: Property Law | Date: | Hits: 82
Hussain Mohammad Ershad Vs. State, 1992, 21 CLC (HCD)
....of the High Court. We, having considered the matter find no substance in this application which is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 116. ......of the High Court. We, having considered the matter find no substance in this application which is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 116. ......tion of the various case decisions referred to before the Court came to a finding that a criminal proceeding cannot be postponed for an indefinite period. Moreover, the Money Suit is at its initial stage and none knows when the Money Suit would be concluded and a criminal case cannot be postponed ti..Category: Criminal Law | Date: | Hits: 125
Ayub Ali Mohaldar Vs. Md. Shahjahan and others, 1990, 19 CLC (HCD)
....e Rule is made absoluteas against opposite-party contemner No.1 and discharged as against the order opposite-party contemner Nos.2-4. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 101. ......latively junior officer, not very much acquainted with the procedure of the Court's order and as there was no case, number in the same certificate issued by the Lawyer of the petitioner, he could not fully understand the significance of such a certificate. In the circumstances, he may kindly be exon......l Hasib J Ayub Ali Mohaldar ............Petitioner Vs. Md. Shahjahan and others..........Opposite Parties Judgment August 14, 1990. Case Referred to- AIR 1961, Supreme Court, at page 1367. Lawyers Involved: Md. Abdur Rahim ‑ For the Petitioner. Md. Latifur Rahman ‑ ..Category: Criminal Law | Date: | Hits: 84
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.......her suitable persons should not be appointed as Trustees in their place and also to direct them to retain the account books, documents and papers of the Trust Estate in their possession and to render full and complete accounts thereof. That in course of the suit, these petitioners filed an applicati......been obtained or not. Mr. Khandker submits that the trust in question is not a public trust but it is in the nature of a private trust and that there being too many beneficiaries including some orphanages, the issue of law without facts must not be framed and disposed of to the greater prejudice of ..Category: Procedural Law | Date: | Hits: 62
.... of the records from this Court. Send the LC records at once.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 94.......ercial Court No.1, Dhaka, in Title Appeal No.247 of 1985 and remand the case to the learned Subordinate Judge and Commercial Court No.1, Dhaka, for consideration of the question of possession after a full-fledged discussion of the evidence and documents on record. The lower appellate Court may take ......eason for reversal of the findings reached by trial Court and in this connection he has referred to a decision in the case of Mst. Bibi Saleha Vs. Antu Ram and another, reported in AIR 1918 Patna at page 543, wherein it has been held that where a Court of appeal reverses the decision of a primary Co..
Category: Property Law | Date: | Hits: 72
Akhtar Hossain alias, Babul Akhtar alias, Akhtar Ali and another Vs. The State, 1991, 20 CLC (HCD)
....r Rahman was under the impression that his wife did not return home. On 29.3.87 the son of Haran Biswas went to Bhadagari beel to collect snails and saw beside the small tank (Apa) skinless head of a woman. He raised hue and cry whereupon many persons assembled there and found the beheaded dead body......nst them. It is directed that the condemned prisoners be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 83. ......Nazir Ahmed Vs. The King Emperor, AIR 1933 (PC) 253; Habibur Rahman alias Habib Vs. The State, BCR 1986(HCD) 278; Rustom Ali and others Vs. State, 1989 BL6 481; Hamzo Vs. The State, 1960 PLD Karachi page 817; Maryarn Vs. The State, PLD 1961 (Karachi) 781; Manzur Vs. The State, PLD 1973 (Lahore) 714;..Category: Criminal Law | Date: | Hits: 110
....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....... preserving potatoes in the Cold Storage the petitioner applied to the Bangladesh Krishi Bank for loan in March, 1981 and the Bank sanctioned an amount of Tk. 42 Lac which was repaid with interest in full. In the year 1982 the petitioner again applied to the Bank for cash credit loan to purchase and......red to have been issued or made without lawful authority and is of no legal effect.
2. The petitioner is a Public Limited Company registered under the Companies Act, 1913. He has set up a Cold Storage and Ice Plant in the year 1980‑81 at Barkamta under Debidwar Police Station in the District of..
Category: Civil Law | Date: | Hits: 99
Md. Abul Hossain Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....ensure that every Nikah Registrar must be satisfied that the bride/groom is major at time of solemnization of marriage. Gobinda Chandra Tagore J.-I agree. Ed. This Case is also Reported in: ......ensure that every Nikah Registrar must be satisfied that the bride/groom is major at time of solemnization of marriage. Gobinda Chandra Tagore J.-I agree. Ed. This Case is also Reported in: ......, Comilla stating that on 22.12.2009, one Mr. Kamaluddin filed an application to the Ministry of Law, Justice and Parliamentary Affairs stating that the petitioner had illegally been registering marriages of under aged girls and realizing excessive fees and the petitioner was directed to appear on 3..Category: Civil Law | Date: | Hits: 128
Law Dev (Bangladesh) Vs. Bangladesh and another, 2011, 40 CLC (HCD)
....on as the case involves a substantial question of law as to the interpretation of the Constitution. The certificate as prayed for is granted. Ed. This Case is also Reported in: 63 DLR (2011) 626.......nder certain terms and conditions enumerated therein without adhering to the said procedure. However, as per section 6(2) of the Act No. 13 of 2003, the Chairman and the Members of the BERC are its full-time officers. Their tenure, emoluments, seniority, removal etc. are all regulated by the rel......ndent commission for dealing with several issues pertaining to power, energy and mineral resources as detailed in the Act. After the establishment of the BERC under the Act No.13 of 2003, it has engaged itself in its statutory duties and responsibilities including holding of public hearing in re..Category: Employment/Service Law | Date: | Hits: 92
Abdul Gani Khan Vs. Shamser Ali and others, 1991, 20 CLC (HCD)
....led from showing that document has been obtained by adverse party by fraud. 8. Both Courts below concurrently held on consideration of the materials on record that Manada Sundari was an illiterate woman and that Bainapatra on the basis of which ex parte decree in the aforesaid suit was passed was......ch the impugned judgment does not call for any interference. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 349. ...... and registered through Court in respect of the suit land. Plaintiff is in possession of the suit land from the time of Bainapatra. 3. Defendant obtained a sale deed from Manada Sundari's husband Nagendra in respect of the suit land on the plea that Nagendra took pattan of the suit land in the be..Category: Procedural Law | Date: | Hits: 105
Anwar Hossain and others Vs. Abul Hossain Molla and others, 1991, 20 CLC (HCD)
.... Appeal No.323 of 1969 is hereby set aside and those of the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 79. ......r Ali and Akbar Ali. Thereafter, Roushan Ali died leaving widow, plaintiff No. 2, a son plaintiff No.1 and 2 daughters plaintiff Nos. 2 and 4. Thereafter, Azibar Ali died leaving mother (since dead), full brother defendant No.7 and two sisters defendant Nos.8 and 9. It isthe further case of the plai......t that 1.28 acres of land described in schedule 'Cha' to. the plaint out of the entire land of Roushan Ali had wrongly been recorded in the name of the defendant in rent roll Khatian and taking advantage of the wrong entry in Rent Roll Khatian, defendant threatened the plaintiffs with dispossession ..Category: Property Law | Date: | Hits: 91
Nikhil Kumar Sarker Vs. Bangladesh, 1991, 20 CLC (HCD)
....sistant Teacher of the said nationalised school is without any lawful authority. The application is, therefore, summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 67. ......th Rule 2(h) of the Teachers and Non‑Teaching Staff of Nationalised High School (Directorate of Secondary and Higher Education) Absorption Rules, 1983, which reads as follows‑ "Teacher means a full time teacher of a Nationalised High School and includes a Headmaster and an Assistant Headmaste......sistant Teacher of the said nationalised school is without any lawful authority. The application is, therefore, summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 67. ..Category: Employment/Service Law | Date: | Hits: 82
Haroon and another Vs. Mst. Sufia Khatun and another, 1990, 19 CLC (HCD)
.... contention is overruled. For all these reasons I find no substance in this case. The Rule is, accordingly, discharged with costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 63....... contention is overruled. For all these reasons I find no substance in this case. The Rule is, accordingly, discharged with costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 63.......hat this warrant in general terms directs the bailiff to put the decree‑holder in possession of the property and to remove any person bound by the decree who may refuse to vacate the same. The language of the form, which is in line with first clause of r.35, indicates that the warrant issued under..Category: Civil Law | Date: | Hits: 89
....ind no illegality whatsoever in impugned orders and on the grounds stated above, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 333.
......oined the post and has been functioning as a Professor and has also received the salary by rendering his service as a Professor, the order of appointment of the petitioner as Professor has been given full effect and it did not lie within the power of respondents to suspend the operation of the order......ary 3, 1982. Thereafter the petitioner returned to Bangladesh in January, 1982 and worked in Triangle Enterprise at Dhaka as consultant and developed micro‑computer based programme for personnel management and inventory control upto April 2, 1982. The respondent BUET advertised for appointment to ..
Category: Employment/Service Law | Date: | Hits: 155
Md. Jashim and others Vs. The State, 2011, 40 CLC (HCD)
....se, in short is that on 9.11.2010 one Sub-Inspector of police, Sreenagar Police Station, Munshigonj lodged an FIR stating inter alia that on 8.11.10 at 15.00 hours he informed over telephone that one woman was committed to suicide; that on the basis of the said information he along with other forces...... to cancel the bail, if the accused petitioners misuse in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......inquiry he came to know that victim Monira Akter Lipi(25) married with accused Md. Jashim and their wedlock two child was born and her husband accused Jashim now reside at Saudi Arab; that after marriage guardian of the accused Jashim did not accept their marriage, that due to their marriage guardia..Category: Criminal Law | Date: | Hits: 64
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. ......rther stated that the said Pubali Bank in total breach of its earlier commitment refused by a letter dated 5.2.87 to release the properties of petitioner No.1 in exchange of the Bank Guarantee unless full payment of the settled amount of the liabilities of the company were made. In short, the case o......he petitioner No.1 located at No.109, Hrishikesh Das Road, Dhaka including the machinery and components of the printing press named Jatiya Mudran owned by the petitioner No.1 released from the mortgage of Pubali Bank Ltd. (b) The petitioners will transfer all their shares in Paper Converting an..Category: Company Law | Date: | Hits: 159
Mohammad Mofizuddin Vs. Mohammad Firoj Alam and another, 1991, 20 CLC (HCD)
....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. ......s published in the Notification No.2545 dated 8.12.1981 was void, illegal, inoperative and not binding upon the plaintiff and for a mandatory injunction directing defendant Nos.1 and 2 to publish his full result in SSC Examination, 1981. 2. The plaint, inter alia, alleged that the plaintiff appea......he Board which is the ultimate authority in regard to any action to be taken for the purpose of the conduct of any Secondary School Certificate Examination including publication of its result as envisaged in section 3 or section 3A of the Ordinance. He further maintains that the Chairman of the Boar..Category: Civil Law | Date: | Hits: 84
Farid Ahmed and others Vs. State and another, 1990, 19 CLC (HCD)
.... of earlier complaint is not maintainable. The petition merits no consideration. Therefore, the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 30. ......while ordering further inquiry in the case thereby obstructing the hands of the learned Magistrate in the exercise of his jurisdiction. In support of his contention the learned Advocate referred to a full Bench decision in the case of Emperor Vs. Maunga Ba Thon, reported in 32 CrLJ 950 (of the Rango...... of earlier complaint is not maintainable. The petition merits no consideration. Therefore, the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 30. ..Category: Criminal Law | Date: | Hits: 78
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