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Durga Rani Sutradhar Vs. Paresh Chandra Sutradhar, 2002, 31 CLC (HCD)
....tioner had to rely on a photostat copy of the “Will' which was preserved by the petitioner and proved by her as well as attesting witness of the 'Will'. The OPs, sons of the testator, did not raise any objection to the grant of the probate in favour of their mother applicant. But the learned Subor......ocate Mr. HR Acharjee have appeared on behalf of the Appellant while none entered appearance for the respondent. 6. The learned Senior Counsel Mr. SS Halder though at first conceded at the initial stage of hearing that the original 'Will' is an essential document for the purpose of granting proba......on for probate.‑ (1) Application for probate or for letters of administration, with the will annexed, shall be made by a petition distinctly written in English or in the language in ordinary use in proceedings before the Court in which the application is made, with the will or, in the cases mentio..Category: Property Law | Date: | Hits: 113
....' and still they have been serving under the respondent No.1 Mr. Saha further submits that under Rule 10(8) of the aforesaid Rule there is embargo that the Enquiry Officer shall not recommend for any sort of punishment and it will only inquire where the charges brought against the delinquent hav......him from service, marked Annexure-A to the petition, is declared to have been made without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011) 62.
......ers to inquire into the allegations brought against the petitioner and the said Inquiry Committee without affording opportunities to the petitioner to defend himself and to take part in the inquiry proceeding to support his case, purportedly acting under the undue influence of the respondent No.2 ..
Category: Employment/Service Law | Date: | Hits: 205
Bangladesh Water Development Board and other Vs. Progati Prakaushali & another, 1996, 25 CLC (HCD)
....of the said project. During the course of execution of the project the contractor was required to do certain additional work out of tender schedule and it was agreed upon between the parties that for any additional work the contractor will be paid in the light of the rate fixed in the tender. The re......fice order and subsequent conduct of the second party appellant it is crystal clear that they willingly and voluntarily surrendered to the jurisdiction of the arbitrator in the instant case and at no stage till the pronouncement of the award by the arbitrator did they come up with any allegation on ...... Rahman with Abul Kalam Azad, Advocates ‑ For the Respondent. Civil Revision No.1724 of 1996 (Converted from FMA No. 385 of1994). Judgment Syed Amirul Islam J.- This appeal arises out of a proceeding under sections 14 and 17 of the Arbitration Act. 2. The relevant facts that are necess..Category: Alternative Dispute Resolution | Date: | Hits: 606
Abdul Mannan Talukder Vs. State, 1982, 11 CLC (HCD)
....ng to do with the liberation struggle whatsoever and it was committed out of enmity and personal vendetta. This categorical assertion by the petitioner has not been challenged before as by filing any counter affidavits. Furthermore, it has been asserted in the petition that the deceased was ki....... The Rule is, accordingly, made absolute. Send down the records at once, if received. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 202. ......gly, set aside. The accused Humayun Kabir is directed to surrender before the Additional Sessions Judge and Special Tribunal No. II, Barisal forthwith to stand its trial. The order staying further proceeding is hereby vacated and let the case now be disposed of expeditiously. The Rule is, acco..Category: Criminal Law | Date: | Hits: 145
Abul Hosain Sikdar Vs. State, 1982, 11 CLC (HCD)
....ls appearing for the petitioner has urged that the entire proceeding was illegal inasmuch as the police had investigated a non-cognizable offence and submitted charge sheet without any order from the Court. 5. Now section 295A of the Penal Code under which the petitioner h......nd forthwith. The rule is, accordingly, made absolute. Send down the records at once, Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 201. ......e Petitioner. Moazzem Hossain, Deputy Attorney-General - For the State. Criminal Revision No.282 of 1979. Judgment Abdur Rahman Chowdhury J.-This rule arises out of a criminal proceeding against the accused petitioner and others under section 295A of the Penal Code with a p..Category: Criminal Law | Date: | Hits: 115
....predecessor‑in‑interest had all along been in peaceful possession of the case property till they sold the same to them and there was no occasion whatsoever to treat it as an abandoned property at any point of time. The Government did never take over possession of the case property nor did it ser......e learned Deputy Attorney‑General, appeared before us and prayed for time for filing an affidavit‑in‑opposition which, according to him, was under process of preparation, but his prayer at that stage of the proceedings was refused. Mr. Saifuddin Ahmed, the learned Deputy Attorney‑General, th......uty Attorney‑General, appeared before us and prayed for time for filing an affidavit‑in‑opposition which, according to him, was under process of preparation, but his prayer at that stage of the proceedings was refused. Mr. Saifuddin Ahmed, the learned Deputy Attorney‑General, then made over ..
Category: Property Law | Date: | Hits: 116
....n as being illegal and without lawfull authority.
2. The petitioner of this writ petition Sultan Ahmed alias Md. Sultan Ahmed was a worker being a Mechanic under the respondent No.2, Kerew and Company (Bangladesh) Limited. On 15‑5‑88 a proceeding was drawn up against the petitioner for miscon...... with the Judgment and order passed by the learned Labour Court.
The Rules is, accordingly, discharged without any order as to costs.
Ed
This case is also Reported in:49 DLR (HD) (1997) 215.
......ority.
2. The petitioner of this writ petition Sultan Ahmed alias Md. Sultan Ahmed was a worker being a Mechanic under the respondent No.2, Kerew and Company (Bangladesh) Limited. On 15‑5‑88 a proceeding was drawn up against the petitioner for misconduct charging him with the allegation that ..
Category: Labour and Industrial Law | Date: | Hits: 141
Serajul Islam Vs. State, 1996, 25 CLC (HCD)
....Central Jail, calling upon the respondents to show cause as to why the aforesaid detenu should not be brought before this Court in order to satisfy itself that he is not being held in custody without any lawful authority or in an unlawful manner and why the detenu should not be set at liberty and or......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. ......on as stated in Annexure B are all vague and indefinite though there is only one ground which is specific and definite and contends that mixing up bad grounds with good ground has rendered the entire proceeding bad in law. On this point he had relied on two decisions as quoted above. 8. In the ca..Category: Criminal Law | Date: | Hits: 127
Md. Abdul Quddus and another Vs. State, 2005, 34 CLC (HCD)
....ilphamari with high speed and when they reached near Dahali temporary bus stand, then two buses collided each other and committed an accident as a result of which two passengers died on the spot and many others were injured. Hearing about such accident, SI Amiruddin with constable Abdur Rouf started......other case and the accused Md. Rafiqul Islam who is currently on bail is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 470. ......cising revisional jurisdiction this Court is to prevent the miscarriage of justice and to see whether the substantive justice has been done or not. High Court Division may call for the records of any proceeding before any criminal Courts for satisfying itself as to the correctness and legality or pr..Category: Criminal Law | Date: | Hits: 119
Mrs. Hasina Shams Vs. IFIC Bank Ltd. & Others, 2005, 34 CLC (HCD)
....resaid suit. 2.The respondent No.1, as plaintiff, instituted the above suit for realization of Tk. 59,00,53,045.66 with interest stating, inter alia, that the defendants No. 6, a Malayasian company was awarded a contract for construction of three roads by the defendants No. 12 and the defendan......plaints we find some specific allegations against the petitioner. Whether these allegations are true or false is a matter which will be decided after the evidence is taken at the trial. Hence at this stage it is not proper and desirable to strike off the name of the petitioner from the plaints. The ......aw involved made the Rule absolute and there is no material on the record to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 174...Category: Civil Law | Date: | Hits: 122
Nurul Huda Miah (Md) Vs. Dhaka Water Supply and Sewerage Authority and others, 1992, 21 CLC (HCD)
....uance of the Rule in that writ petition, on 18.3.89 copy of the notice starting a proceeding against the petitioner for inefficiency and misconduct was served; that no proceeding was drawn up against any other persons who were also ordered to be placed under suspension as per resolution dated 25.6.8......nted it appointing another officer holding higher rank that the petitioner as enquiry officer in the subsequent enquiry. It is true that the petitioner did not raise any such objection at the enquiry stage but in his reply dated 1.10.89 (Annexure N) to the second show cause notice dated 17.9.89 (Ann...... bills; that though the said documents were marked as confidential; those were not really confidential; that after issuance of the Rule in that writ petition, on 18.3.89 copy of the notice starting a proceeding against the petitioner for inefficiency and misconduct was served; that no proceeding was..Category: Employment/Service Law | Date: | Hits: 231
Akramuzzaman Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
.... the respondent No.4 took decision to give its lease to Bangladesh Muktijuddha Sangsad, Bagerhat District Unit Commander for Taka 1,00,80,000.00 (Taka one crore eighty thousand) only without inviting any tender (Annexure-D). 7. It is further stated in the petition that IWTA has been following cer......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.......nexures F, F1 and F2). 5. On 6-5-99 the petitioner went to the aforesaid office for submitting the tender but was surprised to know that due to unavoidable circumstances, not disclosed, the tender proceeding had been stayed by the respondent No.6 Senior Deputy Director (Ports and Traffic) IWTA Kh..Category: Others | Date: | Hits: 170
Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)
....resented by the Establishment Division in an official Memo dated 27-5-93 inquired of the Ministry of Commerce, Respondent No.5, that in view of the recent recruitment in their cadre, whether they had any surplus officers and if so whether any assistance was needed for arranging for those officers to...... create illegal obstruction to the formal absorption of the petitioner along with other six officers the respondent No.2 held an internal meeting on 5-2-96 and took decision to the effect that at one stage there was shortage of officers in the Customs and Excise Cadre and therefore the 7 officers we......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...Category: Employment/Service Law | Date: | Hits: 186
Bangladesh Water Development Board Vs. Zakir Construction and Co. and another, 1995, 24 CLC (HCD)
....rom the list earlier submitted by them and a retired Judge of the Supreme Court as arbitrators in the case. It is alleged in the revisional application that the learned Subordinate Judge did not pass any order on the application on 15‑9‑94. Thereafter the petitioner filed another application on ......re of justice. In the result, the Rule is discharged without any order as to costs. Send a copy of the order to the Court once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 261. ...... enhancement of rates for payment of bills arose and the parties agreed to settle the dispute through arbitration and accordingly, Mr. Justice Maksum-ul‑Hakim was appointed the sole arbitrator. The proceedings, however, could not be completed because of adjournments and other reasons. On 24‑1‑..Category: Alternative Dispute Resolution | Date: | Hits: 521
State Vs. Abul Howlader, 1995, 24 CLC (HCD)
.... to morgue for post mortem examination, seized alamats, prepared sketch map and index thereof, after due investigation finding prima facie case submitted charge‑sheet against the accused. 3. As many as 9 witnesses have been examined by the prosecution in support of the prosecution case and the ......s the offence of culpable homicide." 17. All murders are culpable homicide but all culpable homicides are not murders. Culpable homicide is a genesis while murder is a species thereof. There are 3 stages of culpable homicide, one is the first degree, namely murder and if the act falls within any ......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...Category: Criminal Law | Date: | Hits: 97
British Airways Plc. Vs. Bangladesh Air Services Pvt. Ltd., 1996, 25 CLC (HCD)
....ria Vs. Owners of Ship or Vessel, (1969) 2 All ER 641; the Fehmarn (1958) 1 All ER 333; MA Chowdhury Vs. Messrs. Mitsui OSK Lines Ltd., 22 DLR (SC) 334; Oil and Natural Gas Commission Vs. Western Company of North America, (1987) 1 Indian Supreme Court Cases 496; Messrs Haji Azam Vs. Singleton Binda ......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. ......im order of the Subordinate Judge and a Division Bench of this Court made absolute setting aside the interim order passed by the learned Subordinate Judge on the ground the there being no arbitration proceeding in the eye of law, the interim order of injunction issued by the learned Subordinate Judg..Category: Alternative Dispute Resolution | Date: | Hits: 304
Estaque Ali Howlader & others Vs. Jahangir Alam Matbar, 1983, 12 CLC (HCD)
....nd style "M/s. National Rice Flour and Oil Mills." at Hatkhola Road, Barisal. Subsequently Abul Hossain Howlader retired on 23.4.77. The National Rice, Flour and Oil Mills Ltd., a private limited company was incorporated under the Companies Act, 1913 on 23.4.77 and it took over the aforesaid partner......ated 7.7.83 passed by the learned District Judge, Bakerganj in Miscellaneous Appeal No.96 of 1983 in hereby set aside. No costs. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 398. ......tiffs had no prima facie case and the suit was barred under section 3 of the Companies Act; that the alleged transfers of shares were false and papers to that effect were created by forgery; that a proceeding under section 137 of the Companies Act as to the genuineness of the instruments of transf..Category: Civil Law | Date: | Hits: 147
M/s Shorhab Vegetable Oil Refinery Limited Vs. Artha Rin Adalat and others, 2007, 36 CLC (HCD)
..... S.N. Goswami, the learned Advocate appearing for the writ petitioner has pointed out that sub-section (1) of section 12 of Artha Rin Adalat Ain, 2003 provides that no financial institute shall file any suit for realization of loan money before selling the pledge goods and adjustment the sale-proce......and other for realization of loan amounting to Tk.23, 62, 44, 835.60. This petitioner appeared in that suit and filed written statement, the suit was ultimately ready for pre-emptory hearing. At that stage on 2.10.2005 this petitioner filed an application under section 12(1)(2) of the Artha Rin Adal...... by any competent agency in presence of both the parties. 9. The stay granted at the time of issuance of the rule is hereby vacated. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 537...Category: Civil Law | Date: | Hits: 120
Sreemati Hari Rani Basak and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....aintiff and against Defendants by declaring that Suit property cannot be treated as Vested and Non-resident property. d. A decree may be passed restraining Defendants permanently not to disturb in any way Plaintiff's possession in suit property. 4. Core contentions Contended in Plaint are: ......luding Eleventh-Defendant-Opposite party did neither put up contest in the suit nor did substantiate the case designed in written statement nor did enter appearance in the appeal and only in Revision stage being not at all a lessee and having not got any lease hold right on any portion of suit prope......entions so surged forward have been repelled from side of Opposite parties on raising counter contentions which are as follows: I. There had been no error occurred in initiation of Vested property proceeding in respect of suit property. D.W.1 Tahsilder made an enquiry on the spot and on the basis..Category: Procedural Law | Date: | Hits: 108
....d documents were asked from the petitioner by the Customs authority though those could not be produced in time was ultimately made over to the authority. But it seems without considering and perusing any document the authority from 4‑7‑1985 to 8‑11‑1986 in a mala fide and arbitrary manner sa......concept of fairness, fairplay and legitimate expectation we are of the opinion that these principles have not been flouted by the respondents in any planner in the instant case.
14. At the initial stage of argument the learned Counsel attempted to make out a case of malafide but ultimately he did...... Division of the Supreme Court of Bangladesh under Article 102 of the Constitution. In both the cases cited before us the moot point is that of locus‑standi and the high principles of maintaining a proceeding by a person having sufficient interest in the matter against action of an executive autho..
Category: Fiscal/Taxation Law | Date: | Hits: 278
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