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Joynul Karim & others Vs. State, 2009, 38 CLC (AD)
....ch are in accordance with law, and hence no interference is called for. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 224. ......ion is ex facie beyond the period of limitation and as such there was absence of cause of action and therefore the continuation of the impugned proceeding is an abuse of process of Court and that the dispute as to non-payment is of civil nature. 7. We have perused the application for leave to app..Category: Criminal Law | Date: | Hits: 163
Moyez Uddin Sikder and others Vs. State, 2007, 36 CLC (HCD)
....bstinate expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. SM Emdadul Hoque, J.- I agree. Ed. This Case is also Reported in: ...... law as under: 19E. The nature of the order of the courts or tribunals.- In the period of enforcement of the declaration of the state of emergency, it is not permitted to ask for any remedy or to dispute any injunction, except the final verdict, in any higher court or tribunal during probe, case..Category: Criminal Law | Date: | Hits: 101
Bangladesh Power Development Board & ors Vs. M/s. Arab Contractor, (BD) Ltd & ors, 2009, 38 CLC (AD)
....rbitration Act, 2001 on the basis of bank papers. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 952. ......e Special Conditions Contract (Which was incorporated into the said agreement dated 30.03.2000) provided for arbitration between the petitioner No.1 and the said Joint Venture in the event of dispute. The arbitration clause stated as follows:- "The Employer and contract..Category: Alternative Dispute Resolution | Date: | Hits: 344
Ahmed Hossain Khan Vs. Mosammat Hamida Begum Chowdhury and another, 2007, 36 CLC (AD)
.... discussion made hereinabove we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 901. ...... 10. The High Court Division in respect of the contention of the parties relating to the Ext. A which was also marked as Ext. 2 has observed" since the genuineness of Ext. A has not been disputed by the plaintiff-respondent the same, in our view, should be accepted as genuine. Mor..Category: Property Law | Date: | Hits: 100
A.K. Reazul Karim Vs. State, 1983, 12 CLC (AD)
....s are allowed. Proceedings are quashed and the judgment of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 113. ......eize the goods acting on the purported authority of the Notification dated 23.8.72. This was resisted by the Customs Officer and the quarrel was initially over the question of jurisdiction. It is not disputed by the respondent that the initial question was the question of jurisdiction. In other word..Category: Fiscal/Taxation Law | Date: | Hits: 129
S. M. Mosharaf Hossain Vs. Sonali Bank and others, 2009, 38 CLC (AD)
....al cannot be interfered with. In such view of the matter we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 879. ......ge of Foreign Exchange Department to Mr. Md. Hanif, Senior Principal Officer, who did not raise any objection regarding the bill and there was no export/import or inward/ outward remittances under dispute during the tenure of the petitioner as in-charge of Foreign Exchange Department. The bill i..Category: Administrative Law | Date: | Hits: 423
Pulin Behari Bairagee and others Vs. Ananda Chandra Dakua and others, 2009, 38 CLC (AD)
....e judgment and decree. 12. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 791. ......Suit No.80 of 1994 on 29.11.1994 before the learned Assistant Judge, Mongla within the District Bagerhat for declaration of title in kha schedule land against the present petitioners. 3. The disputed land and other khas lands measuring 38.12 acres and the under raiyates of C.S. Khatian No...Category: Property Law | Date: | Hits: 27
Government of Bangladesh and others Vs. Md. Abdul Halim Miah and (3) others, 2003, 32 CLC (AD)
....ers to be maintainable under Article 102(2) of the Constitution". 26. Concerned Rule 4(2) (Gha) of the Ad hoc Appointees (Counting and Determination of Seniority) Rules, 1990 as interpreted in the resolution dated 18.8.1998 and Memo No. RHE/6p-4/98-674 dated 15.10.1998 issued by the Ministry of C......weather remedy nor a remedy for all wrongs. It is available only when "no other equally efficacious remedy is provided by law". Delay will defeat this remedy. Directions etc. will ensue only from undisputed facts. Disputed questions of fact will not be entered into. It does not lie to enforce mere..Category: Employment/Service Law | Date: | Hits: 118
....onclusive and binding on all parties to this contract.
38. The parties have bidded at the tender consciously and voluntarily accepting the terms and conditions regarding the named arbitrator for resolution of the dispute, if any, could not afterwards during the hearing of the writ petition al......rced by way of a writ petition and in that view, the writ petition was not maintainable inasmuch as no contractual relationship has yet been established between the parties so as to give raise to a dispute between the parties and there being no contractual relationship as yet formed and that the t..
Category: Civil Law | Date: | Hits: 212
Mrs. Zinnatul Ara & ors Vs. Government of the People’s Republic of Bangladesh, 2009, 38 CLC (AD)
....there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: ......urchaser and offer him 25% solatium as the auctioned property was the only homestead of the petitioners and they inherited it from their predecessor but the auction purchaser declined to settle the dispute upon taking 25% solatium and then the High Court Division, discharging the Rule. 3...Category: Civil Law | Date: | Hits: 88
Major Md. Bazlul Huda (Artillery) Vs. State, 2009, 38 CLC (AD)_Part One
....LR (AD) 69, Tara Singh and others V. State of Punjab 1991 Supp (1) SCC 536, Jamna and others V. State of U.P. 1994 Supp (1) SCC 185 and State of H.P. V. Shreekanthia Shekari (2004) 8 SCC 153. ...... The third Judge held that the Magistrate acted without jurisdiction in allowing the investigating agency to investigate into the matter and accordingly he quashed the proceedings. The question in dispute was whether a new point as to the competency of the Magistrate at Delhi to sanction invest..Category: Criminal Law | Date: | Hits: 310
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Five
....to apply the same in the case of the killing of our father of the nation. 640. The basic elements of a criminal justice system are an impartial fact-finding process and a fair and equitable resolution. The ethical and moral duties of those who work within the system are typically consiste......he performance of any duty or service in the armed forces of Bangladesh or in any forces co-operating therewith, or in any part of any of the said forces.” 647. There is no dispute that this definition of mutiny is applicable to the Army Act in view of the definitio..Category: Criminal Law | Date: | Hits: 228
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Six
.... the needs of changing society in the light of the observations made above. In view of the lack of proper law, I am unable to use the digital evidence produced by the prosecution in this case. ...... part of the prosecution case regarding the involvement of the accused persons, the testimony of those witnesses can not be accepted without independent corroboration from other sources. We do not dispute the observations made by the High Court Division in that case. In this particular case, the..Category: Criminal Law | Date: | Hits: 291
Rowshan Ara Begum & ors Vs. Sitakundu Chandra Nath Chatuspaty Tole & ors, 2006, 35 CLC (AD)
....was handed over to the plaintiff. P.W. 1 has been corroborated by P.W.3. As regard the establishment of to be P.W.1 has stated about the establishment of tole and in support thereof submitted the resolution book (Ext.8) and he has been supported by P.W.2, member of the to be committee and also b......materials in the Ext. C the land was recorded in the name of the Mela Committee both in R.S. and B.S. khatian and in the B.S. khatian possession of the Mela Committee was recorded, that there is no dispute that the Mela Committee gifted 30 decimals of land of R.S. plot No.792 listed in R.S. khatia..Category: Tenancy Law | Date: | Hits: 176
Dira Dockyard and Engineers Ltd. & ors Vs. Bangladesh Shilpa Rin Sangstha & ors, 1994, 23 CLC (AD)
....y Nos. 7, 8 and 9 (appellants No.2, 3 and 4 in Civil Appeal No. 64 of 1989). There will be no order as to costs. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 166. ......aka, was renumbered as Misc. Case No.13 of 1984, for realisation of its dues amounting to Taka 68.46 lakh including compensation. In that proceeding Tapashee Shipping Lines Ltd., to which the disputed loan was granted, was made opposite party No.1 and its directors were made opposite p..Category: Business or Commercial Law | Date: | Hits: 311
Azizullah (Md) and others Vs. State and others, 2009, 38 CLC (AD)
....session of Holding No.59/1 Purana Paltan to the respondent No.4 is set aside. There will be no order as to cost. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 142, 16 MLR (AD) (2011) 117....... one Abdul Alim were shown as Second Party while the respondent No.4, along with Nawab Ali Yar Khan and Ali Sarwar were shown as Third Party and the property which was the subject matter of the above dispute was stated to be Holding No.58/1-A, Purana Paltan, comprising 2.369 kathas of land with a 5-..Category: Criminal Law | Date: | Hits: 62
Monirul Islam Vs. State and another, 2009, 38 CLC (HCD)
....istrate), Moyeshkhali, Cox's Bazar is quashed. Let a copy of the judgment be sent forthwith. Sheikh Rezowan Ali J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 327. ......with him. In this circumstances, the complainant- opposite party made a complain to one Mr. Maksud Miah, an influential person of the locality to solve the problem who (Mr. Maksud Miah) to settle the dispute called both the parties on 01.3.2004 and both the parties signed on a stamp of Taka 10/- giv..Category: Criminal Law | Date: | Hits: 93
S.M. Zakir Hossain Vs. Bangladesh, 2009, CLC (HCD)
....m, the learned Advocate appearing for the respondent No.4 has submitted that the petitioner Mr. S.M. Zakir Hossain has been removed from the charge of Principal in charge by the Governing body vide resolution dated 15.03.2009 and further decided to appoint Mr. Alhaj Abdul Kashem as acting Princip...... Principal of Rangunia College, Chittagong as per notification dated 02.04.2003 without annexing any documentary evidence in supplementary affidavit which is not a admitted fact thus it is a disputed question of fact so it can not be decided under article 102 of the constitution in Writ Ju..Category: Constitutional Law | Date: | Hits: 121
Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)
.... the Judges of the Supreme Court can not be discussed by the executive government or by the members of Parliament. The Rules of Procedure vide Rules 53, 63 and 133 provide that no question, motion or resolution, which contain reflection on the conduct of any Judge of the Supreme Court shall be admis......sult the Chief Justice and they may consult each other by correspondence or by sitting across the table but this should be put on the record to make the consultation process more transparent, so that dispute or disagreement may be resolved without ambiguity. As per the scheme of our Constitution the..Category: Constitutional Law | Date: | Hits: 251
M/S. Classic Fashion Limited Vs. Mrs. Asrafunnessa Dana and another, 2009, 38 CLC (AD)
.... Security of TK.1000.00 is to be deposited with one month from date. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: ......esult, his monthly rent was reduced to TK.18,664.00. The defendant also deposited TK.1,20,000.00 as security money to the plaintiff to be adjusted against the rent as per terms of the contract. The dispute between the parties could be solved through arbitration, but the plaintiff without followi..Category: Civil Law | Date: | Hits: 110
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