Search Options
Judgment Advanced Search
Displaying 1241-1260 of 7097 results.
....ix weeks the respondent requested their appointed arbitrator to start arbitration proceeding as sole arbitrator. In that view of the matter the arbitrator appointed by the respondent as per provisions of the Arbitration Act, 1940, assumed jurisdiction in the instant case as sole arbit......ld have been filed under section 33 read with section 30 of the Act but instead of that they have filed an objection under section 16 read with section 31 of the said Act which is not tenable in law in the facts and circumstances of the case. The learned Subordinate Judge further travelled to o..
Category: Alternative Dispute Resolution | Date: 4 Apr, 1996 | Hits: 10
Eastern Chemical Industries Limited Vs. Government of Bangladesh and others, 1995, 24 CLC (HCD)
....ooqui in support of his first contention referred to the decision in the case of Md. Sona Mia and others Vs. Collector of Customs and others 20 DLR 549. 5. Before I proceed to examine the relevant provisions of law I propose to consider the decision cited by Mr. Farooqui. It was a case on the int...... rejected the application. 4. Mr. MI Farooqui submits first for non‑compliance with the mandatory requirement of section 32(2) of the Customs Act, 1969 the impugned demand note is issued without lawful authority in that the petitioner was entitled to prior notice as is contemplated under sub‑..Category: Fiscal/Taxation Law | Date: 29 Aug, 1995 | Hits: 131
Khorshed Alam Vs. Azizur Rahman & another, 1995, 24 CLC (HCD)
....Code provides for punishment for criminal breach of trust by a public servant or a banker, merchant, factor, broker, attorney or agent. Unless one of the accused persons is a public servant under the provisions of Criminal Law Amendment Act 1958 and the offence alleged is an offence under the said A......ions). Criminal Revision Nos. 88, 89, 90/1987 and 104/1992 Judgment Kazi Ebadul Hoque J. - These 4 rules between the same parties are being disposed of by this judgment as common question of law has been raised in these Rules. 2. In Criminal Revision Nos. 88-90/1987 Âproceedings of Spec..Category: Criminal Law | Date: 13 Aug, 1995 | Hits: 99
Sirajudullah and others Vs. State and others, 1995, 24 CLC (HCD)
.... the petitioners moved this Court and obtained this Rule. The accused as petitioners before this Court are now praying that the impugned order may be set aside on two grounds: (1) that a mandatory provision of the Code of Criminal procedure has been violated by the learned Sessions Judge by not i......e impugned order or for ends of justice. In the result, the Rule is discharged. The order of stay passed earlier is hereby vacated. Ed. This Case is also Reported in: 48 DLR (1996) 76. ..Category: Criminal Law | Date: 1 Aug, 1995 | Hits: 109
Amir Hossain Khairati Vs. Abdul Aziz Bepari and others, 1995, 24 CLC (AD)
....im". From the averments made in the plaint it appears that Title Suit No.7 of 1983 was dismissed for non‑prosecution and that suit was not withdrawn by the plaintiffs. As such, the provision of Order 23 rule 1(3) is not applicable as the order of non‑prosecution of the earlier ......ated 31.5.84 in Title Suit No. 5 of 1984 rejecting the plaint under Order 7 rule 11 of the Code of Civil Procedure and further directing the trial Court to proceed with the suit in accordance with law. 2. Plaintiff‑respondents instituted the aforesaid suit for specific performance of ..Category: Contract Law | Date: 31 Jan, 1995 | Hits: 257
Maulana MA Mannan and 2 Others Vs. State, 1994, 23 CLC (HCD)
....shan PS Case No.23 (9) 88 against the petitioners are hereby quashed. Send a copy of the order to the Court below at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 218. ......r the petitioners, submits that the impugned order dated 26.12.90 accepting charge sheet No.367 dated 26.12.90 in Gulshan PS Case No. 23(9)88 dated 27.9.88 is illegal, without jurisdiction and bad in law inasmuch as Gulshan PS Case No. 23(9)88 terminated with an order of discharge of the accused per..Category: Anti-Corruption Laws | Date: 22 Nov, 1994 | Hits: 187
Ramisunnessa Bibi and another Vs. Soleman Molla and others, 1994, 23 CLC (HCD)
....the petitioners for temporary injunction. In view of proof of tenancy of said Sirajuddin, the present defendants opposite parties are estopped from denying the monthly tenancy of Sirajuddin under the provisions of section 116 of the Evidence Act, the learned Assistant Judge having not applied his ju......Evidence Act, the learned Assistant Judge having not applied his judicial mind in to considering that the plaintiffs petitioners proved the tenancy of the said original defendants, committed error of law resulting in an error in the decision causing failure of justice. 7. Secondly, it has been su..Category: Tenancy Law | Date: 5 Sep, 1994 | Hits: 182
Sadaruddin Ahmed Chisty Vs. Government of Bangladesh and others, 1994, 23 CLC (HCD)
....e concerned in these two cases. The learned Advocates for the petitioners have taken preliminary objection in these two matters submitting that the impugned orders have inherent defect in view of the provision of Article 55(4) of the Constitution and the Rules of Business inasmuch as the impugned no...... the Opposite Parties (In both the cases). Criminal Revision No. 668 of 1994 with Criminal Miscellaneous Case No. 464 of 1994. Judgment Md. Mozammel Hoque J. Since the identical questions of law were raised in these two cases, they were heard together and are being disposed of by one judgme..Category: Others | Date: 16 Aug, 1994 | Hits: 134
Sirajul Islam Vs. Helana Begum and others, 1994, 23 CLC (HCD)
....etitioner by swearing an affidavit on 11.4.90 and it was not a talaq in the eye of law as no notice to the Chairman, Union Council nor a copy thereof to the plaintiff was served as required under the provision of section 7 of the Muslim Family Laws Ordinance, 1961 and, as such, the said talaq has no...... moved this Court and obtained the present Rule. 8. Mr. Amir Hossain, the learned Advocate appearing for the petitioner, has firstly submitted that the lower appellate court has committed error of law in passing the decree for the entire amount of dower money in the absence of any evidence that t..Category: Family Law | Date: 27 Jul, 1994 | Hits: 196
Sonali Bank Vs. Ali Tannery Ltd. and others, 1994, 23 CLC (HCD)
....pplication dated 19.10.91 was heard by the trial Court on 12.11.91 and the said application of the plaintiff was rejected by the trial Court holding that the counter claim was made under the relevant provisions of the Code of Civil Procedure which is applicable in the proceedings of Artha Rin Adalat......not entertainable. 7. Mr. Hasan Arif, the learned Advocate, who appears for the defendant opposite parties, submits that Artha Rin Adalat Ain, 1990 (hereinafter called the 'Act’) is a procedural law and it does not create any forum i.e. Artha Rin Adalat has got no independent existence of its o..Category: Banking Law | Date: 25 Jul, 1994 | Hits: 191
Julhash Mollah (Md.) and another Vs. Ramani Kanta Malo and another, 1994, 23 CLC (AD)
..... The learned Single Judge quoted extensively from the different judgments in that Full Bench case; that of Srinivasa Ayyanger, J. which is particularly apt is reproduced below- "The provisions of the Transfer of Property Act and the Trusts Act make it clear that an infant can be a......forced against him, such a contract is enforceable by the minor, as it is a contract for the benefit of the minor, such as completed by sale or mortgage in favour of the minor and is enforceable in law ..........It is true the contract in which the minor is a party cannot be enforced against the ..Category: Contract Law | Date: 25 Jul, 1994 | Hits: 295
Abul Kashem and others Vs. State, 1994, 23 CLC (HCD)
....Criminal Appeal No.494 of 1992, has, in addition to the points raised by Mr. Sk Afzalur Rahman, submitted that during examination of the accused Persons, the trial Court has failed to comply with the provisions of section 342 of the Cr.P.C. in not having put up before the accused persons the salient......asionally Morium did household work in that house. Morium did not return home on the next morning and at 7‑00 A.M. of the morning (Monday) the dead body of Morium was found by P.W.4 daughter‑in‑law of P.W.1, in a ditch to the south east of the house of informant (P.W.1) and on hearing the hue ..Category: Women and Children | Date: 3 Jul, 1994 | Hits: 36
Shaban Ali Mia and Shukur Ali Khandaker Vs. State and Md. Harmuz Ali Mollah, 1994, 23 CLC (HCD)
....rder. The rule is accordingly discharged. The stay order granted by this Court is hereby vacated. Send down the LC records at once. Ed. This Case is also Reported in: 48 DLR (1996) 55. ......tion. 10. Furthermore, this application is nothing but a second revisional application in the grab of an application under section 561A of the Code of Criminal Procedure and is not maintainable in law. 11. In view of the above, we find no substance in the connection of the learned Advocate fo..Category: Criminal Law | Date: 9 Jun, 1994 | Hits: 80
Shankar Chandra Das and others Vs. Kalachand Das, 1994, 23 CLC (HCD)
....it No. 19 of 1986 in the form of simple declaration without a prayer for partition in respect of unspecified undivided property was not maintainable but yet the learned courts below by misreading the provision of law have erroneously decreed that suit. In support of his argument, the learned Advocat......1986 in the form of simple declaration without a prayer for partition in respect of unspecified undivided property was not maintainable but yet the learned courts below by misreading the provision of law have erroneously decreed that suit. In support of his argument, the learned Advocate referred to..Category: Property Law | Date: 17 May, 1994 | Hits: 3
Abdul Kader alias Kadu and others Vs. State, 1994, 23 CLC (HCD)
....ngly acquitted and be set at liberty forthwith, if not wanted in connection with any other case. Send down the case record at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 577. ...... has been filed by the six convicted accused. 3. Mr. Khondker Mahbub Hossain, learned Advocate for the appellants, had assailed the impugned Judgment and order of conviction and sentence as bad in law. He submits that the learned Sessions Judge failed to make a proper appreciation of the evidence..Category: Criminal Law | Date: 16 May, 1994 | Hits: 31
....' to the supplementary affidavit filed on behalf of the petitioner and Annexure‑'D' to the supplementary affidavit‑in‑opposition filed on behalf of the respondent No. 2 by which the provision has been made as to how the recommendation of the review forum will be dealt with by the a......‘C being Memo. 83‑1 MN (IV) dated 19.5.83 Ministry of Home Affairs, Government of Bangladesh purported to have been issued by the respondent No. 4 should not be declared to have been passed without lawful authority and of no legal effect or such other or further order or orders passed as to this c..
Category: Administrative Law | Date: 28 Apr, 1994 | Hits: 1
Sultan Alam @ SA Badal Vs. Rupali Bank, 1994, 23 CLC (HCD)
....n Adalat shall be "deemed" deemed to be a Civil Court and it has been vested with all the powers of a Civil Court. Section 5(5) of the Act provides that the Artha Rin Adalat will follow the provisions of the Code of Civil Procedure in so far as these are not contrary to the provisions of t......as these are not contrary to the provisions of the Act. The Artha Rin Adalat is a special forum of limited jurisdiction and it is not an ordinary Civil Court. It is a well-settled proposition of law that the right to review is a substantive right but this power is not an inherent power. Such a ..Category: Banking Law | Date: 24 Apr, 1994 | Hits: 1
Bangladesh Vs. Md. Lokman Patwari and another, 1994, 23 CLC (AD)
....2. The writ petitioner-respondent No. 1 contended that while functioning as the elected Chairman of the said Union Parishad he suddenly fell ill and was compelled to take leave for 3 months under the provisions of section 15 of the Ordinance by a resolution of the Union Parishad dated 16.9.92. By th......rman of No. 1 Rajargaon (North) Union Parishad, PS-Hajiganj, District Chandpur under section 65(f) of the Local Government (Union Parishads) Ordinance, 1983, shortly the Ordinance, was passed without lawful authority and to be of no legal effect. 2. The writ petitioner-respondent No. 1 contende..Category: Election Law | Date: 19 Apr, 1994 | Hits: 133
Samarendra Nath Roy Chowdhury Vs. Abdul Jabbar and others, 1994, 23 CLC (HCD)
....Generally". Its rule 1 defines "pleading" which means plaint or written statement. Rule 2 directs that pleading shall contain material facts, but not the evidence. Rule 17 contains the provisions for amendment of pleadings as hereunder‑ "The Court may at any stage of the p......uit against different parties. (e) where it takes away from the other party a legal right accrued to him by lapse of time. but court's power of allowing amendment is not circumscribed by the law of limitation in the following cases even on expiry of the period of limitation‑ (i) to c..Category: Civil Law, Procedural Law | Date: 11 Apr, 1994 | Hits: 1
Samirannesa Vs. Government of Bangla¬desh and Others, 1994, 23 CLC (HCD)
....ion The Government shall under Section 8(2) of the Special Powers Act 1974 communicate the grounds of detention to the detenu within 15 days from the date of detention of the detenu and the said provision is mandatory. Section 9. Commencement and termination of time, (1) In any Central Act......the opposite parties to show cause as to why the detenu Md. Asadur Rahman @ Nabi Hossain, now detained in the Dhaka Central Jail should not be brought before this Court to be dealt in accordance with law and/or such other or further order or orders passed as to this Court may seem fit and proper. ..Category: Criminal Law | Date: 10 Mar, 1994 | Hits: 3
870949864973498583876224972498149824984817848249839500852094899474115794689469