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Executive Engineer, LGED, Rangpur Vs. A Latif & Company Ltd, 2004, 33 CLC (HCD)
....d dated 22‑6-2000 is accordingly set aside. The arbitration agreement now ceases to have any effect. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 656. ......rdinate Judge at Dhaka in Title Suit No.134 of 1997, which refused to set aside the award dated 22‑6‑2000. 2. The respondent made an application under section 20 of the Arbitration Act, 1940 for filing of the arbitration agreement in Court and for appointment of an Arbitrator to arbitrate o......d dated 22‑6-2000 is accordingly set aside. The arbitration agreement now ceases to have any effect. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 656. ......ring on 23‑9‑1998. On 23‑9‑1998 the application was however, rejected as not pressed. Then, the company made another application for appointment of an arbitrator from amongst a list of former Judges. Order dated 28‑1‑1998 recorded that the company expressed the desire to pay entire fees ..Category: Arbitration Law | Date: 11 Apr, 2004 | Hits: 3
Nurul Huq (Md) @ MN Huq Vs. Nirmal Chandra Dutta & anr., 2004, 33 CLC (AD)
....ave been executed by the respondent and to decide the appeal iii accordance with law. The plaintiff of the suit shall bear the costs of the examination by the Handwriting Expert. Ed. ......Respondents Judgment April 5, 2004. The Code of Civil Procedure, 1908 (V of 1908), Section 107 The impugned solenama having not been sent for examination by hand-writing expert of the signature appearing on the solenama and genuineness o......ave been executed by the respondent and to decide the appeal iii accordance with law. The plaintiff of the suit shall bear the costs of the examination by the Handwriting Expert. Ed. ......ersed the decision and decreed the suit and hence is this appeal. 3. In support of the appeal, Mr. Rafique‑ul-Huq, learned Counsel, submits, inter alia, that the learned Judges of the High Court Division committed error of law by observing that the deed of compromise re..Category: Property Law | Date: 5 Apr, 2004 | Hits: 103
Bangladesh Vs. Md. Amjad Ali Mridha & ors., 2004, 33 CLC (AD)
....on in quashing the proceedings of the special cases. 32. In the background of our discussions made hereinabove we find merit in all these appeals. Accordingly, the appeals are allowed. Ed. ......rol or factors which are outside the control of the prosecution or the delay that has occurred is not a deliberate act of delay on the part of the prosecution in that case delay shall not be a ground for quashing of the proceeding…………………..(10 & 13) Investigation by Assistant In......on in quashing the proceedings of the special cases. 32. In the background of our discussions made hereinabove we find merit in all these appeals. Accordingly, the appeals are allowed. Ed. ......he High Court Division erred in law in holding that cognisance was taken illegally by the Special Judge in the special cases. 7. The learned Additional Attorney‑General submits that the learned Judges of the High Court Division quashed the proceedings of the special cases on two grounds. First..Category: Anti-Corruption Laws | Date: 30 Mar, 2004 | Hits: 74
Ershad Ali Sikder (Md) Vs. State, 2004, 33 CLC (AD)
....e are in respectful agreement with the aforesaid observation which manifests the correct exposition of law on the subject. The petition is, accordingly, dismissed. Ed. ......Record-For the Respondent. Criminal Review Petition No. 4 of 2004. (From the judgment and order dated 9th December 2003 passed by the Appellate Division in Criminal Petition for Leave to Appeal No. 97 of 2003 with Criminal Miscellaneous Petition for Leave to Appeal No. 13......e are in respectful agreement with the aforesaid observation which manifests the correct exposition of law on the subject. The petition is, accordingly, dismissed. Ed. ......r section 374 of the Code of Criminal Procedure. The condemned prisoners at the same time filed Criminal Jail Appeal No. 966 of 2000 and Criminal Appeal No. 862 of 2000. 6. The learned Judges of the High Court Division by judgment and order dated 28‑1‑20033 accepted the r..Category: Constitutional Law | Date: 22 Mar, 2004 | Hits: 332
Aftab A (Capt Retired) Vs. SM Kutubuddin being dead his heirs: Nuzhat Banu & ors., 2004, 33 CLC (AD)
....n merit. 12. Accordingly, the appeal is allowed. 13. The First Appeal No. 191 of 1992 is remitted back to the High Court Division for disposal on merit. There is no order as to costs. Ed.......Act, 1872 (I of 1872) Section 73 The High Court Division is competent enough to compare signature of the defendant in the bianapatra with available authenticated signature of the defendant. Therefore The High Court Division was in error in sending the case back on remand for the same purpose to......n merit. 12. Accordingly, the appeal is allowed. 13. The First Appeal No. 191 of 1992 is remitted back to the High Court Division for disposal on merit. There is no order as to costs. Ed....... in law in sending the case on remand on a mere technicality holding that the trial Court ought to have compared the signatures as required under section 73 of the Evidence Act inasmuch as the teamed Judges of the High Court Division as a first Court of appeal could have compared the signatures them..Category: Tenancy Law | Date: 20 Mar, 2004 | Hits: 106
Mosharraf Hossain (Md) (Babul) Vs. Bangladesh, 2004, 33 CLC (AD)
....passed in the light of the resolution which was taken after due compliance of the law as in section 13(3) of the Ordinance. Accordingly, the petition is dismissed. Ed. ......on of Bangladesh, 1972 Article 9 The Pourashava Ordinance, 1977 (XXVI of 1977), Section 13(1) (d) The matters in Article 9 of the constitution are the policy matters of the Republic for the attainment thereof endeavour shall have to be made by the state to fulfill the same. ......passed in the light of the resolution which was taken after due compliance of the law as in section 13(3) of the Ordinance. Accordingly, the petition is dismissed. Ed. ......nbsp; 5. The learned Counsel for the petitioner urged the following grounds in support of the petition for leave to appeal: I. For that the learned Judges of the Hon'ble High Court Division erred in law in summarily rejecting the Writ Petition ..Category: Constitutional Law | Date: 16 Mar, 2004 | Hits: 269
....
In the result, the Rule is made absolute with the above observations and directions.
There is no order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 741.
......ons of their service are regulated by the provisions of the Ordinance itself…. (45)
In accordance with the provisions of section 18(2) of the Act, a worker cannot be kept under suspension for more than 60 days and since the order of suspension dated 31‑5‑1998 of the first-party expir......
In the result, the Rule is made absolute with the above observations and directions.
There is no order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 741.
......he Constitution. But the drama of a nation's life, especially when it confronts diehard forces, develops situations of imbroglio and tendencies to back-track. And Law quibbles where life wobbles. Judges only read sign and translate symbols in the national sky. So ensued an era of islands of exce..
Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4
Jahangir Alam (Md) alias Zakir Vs. State, 2004, 33 CLC (AD)
.... to 10 (ten) years rigorous imprisonment and to pay a fine of Taka 5,000 in default to suffer rigorous imprisonment for 6 (six) months more. Ed. This Case is also Reported in: 56 DLR (AD) 217. ...... March 9, 2004. Result: Maintaining the conviction, the sentence is modified to 10 (ten) years rigorous imprisonment and to pay a fine of Taka 5,000 in default to suffer rigorous imprisonment for 6 (six) months more. The Code of Criminal Procedure, 1898 (V of 1898), Section 561A The Co...... to 10 (ten) years rigorous imprisonment and to pay a fine of Taka 5,000 in default to suffer rigorous imprisonment for 6 (six) months more. Ed. This Case is also Reported in: 56 DLR (AD) 217. ......and order of conviction and sentence as passed by the Tribunal as aforesaid. 6. Mr. Khurshid Alam Khan, the learned Advocate, appearing for the petitioner, firstly contended that the learned Judges of the High Court Division failed to apply its judicial mind in appreciating the facts and ci..Category: Criminal Law | Date: 9 Mar, 2004 | Hits: 93
Jalil Brothers and ors. Vs. Humayun Majid and ors., 2004, 33 CLC (AD)
....e matter in its proper perspective and we find no illegality or irregularity in the decision of the High Court Division. Accordingly, the appeal is dismissed without any order as to costs. Ed. ......the vacant possession of the ground floor of the building situated at Holding No. 21, Motijheel Commercial Area, Dhaka occupied by the appellants and respondents Nos. 3‑17 stating, inter alia, that former Government of East Pakistan by a registered deed of lease dated 6‑10‑65 granted lease of ......e matter in its proper perspective and we find no illegality or irregularity in the decision of the High Court Division. Accordingly, the appeal is dismissed without any order as to costs. Ed. ......e released from the list of abandoned properties but also prayed for restoration of possession of the premises thereof in occupation of the respondents‑allottees of the Government. If the learned Judges in deciding the writ petition declare the property in question to be not abandoned property ..Category: Tenancy Law | Date: 18 Feb, 2004 | Hits: 133
State Vs. Nazrul Islam @ Nazrul, 2004, 33 CLC (HCD)
.... a copy of his judgment for future reference. Send down the lower court records. Ed. This Case is also Reported in: 57 DLR (2005) 289. ...... Judgment SK Sinha J.- This reference under section 374 of the Code of Criminal Procedure was made by the learned Additional Sessions Judge, 3rd Court, in charge of the Second Court, Kishoregonj for confirmation of death sentence awarded to the condemned prisoner Nazrul Islam @ Nazrul by judgme...... a copy of his judgment for future reference. Send down the lower court records. Ed. This Case is also Reported in: 57 DLR (2005) 289. ......emotion on reading newspaper reporting and he gave precedence to those reporting over the evidence on record while finding the guilt of the condemned prisoner of the offence charged against him. Judges should administer justice on the basis of the materials on record and not on any other extran..Category: Criminal Law, Evidence Law | Date: 20 Jan, 2004 | Hits: 5
Abdus Sobhan Mandal (Md) Vs. Md. Jonab Ali Fakir & others, 2005, 34 CLC (AD)
..... We are fully in agreement with the above findings of the high court Division. For all the above reasons, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......olved: Shahidul Islam, Advocate, instructed by Md Nawab Ali, Advocate‑on‑ Record ‑ For the Petitioner. Not represented-The Respondents. Civil Petition for Leave to Appeal No. 1368 of 1999. (From the judgment and order or dated 23rd May, 1999 pa....... We are fully in agreement with the above findings of the high court Division. For all the above reasons, this petition merits no consideration. Accordingly, it is dismissed. Ed. ...... draw its independent conclusions on all material points in issue upon consideration of evidence on record. On perusal of the impugned judgment of the High Court Division, it appears that the learned Judges of the High Court Division rightly decided the case holding that the summary finding of the a..Category: Civil Law | Date: 18 Jan, 2004 | Hits: 264
Secretary, Ministry of Health and Family Welfare & others Vs. Parvin Sultana, 2005, 34 CLC (AD)
....illegality in the impugned Judgment of the High Court Division calling for our interference. Accordingly, this petition merits no consideration. Hence, it is dismissed. Ed. ......neral, instructed by B Hossain, Advocate‑on‑Record‑ For the Petitioners. Ataur Rahman Khan, Advocate-on‑Record‑ For the Respondent. Civil Petition for Leave to Appeal No. 1329 of 1999. (From the judgment and order dated 11th August,&nbs......illegality in the impugned Judgment of the High Court Division calling for our interference. Accordingly, this petition merits no consideration. Hence, it is dismissed. Ed. ......he High Court Division considered the conditions appearing in para Ka, Kha, Ga, & Gha and thereof it is found that the order of transfer if any shall be deemed to be for harassment. The learned Judges of the High Court Division also considered the circular (Annexure‑C2) and that in such..Category: Constitutional Law | Date: 10 Jan, 2004 | Hits: 246
Director General, BWDB and others Vs. BJ Geo Textile Ltd and another, 2003, 32 CLC (AD)
.... Division in Writ Petition No. 1900 of 2003 making the Rule absolute are hereby set aside and the Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:......ilders and Engineers Ltd. 51 DLR (AD) 56. Lawyers involved: TH Khan, Senior Advocate, QC Ajmalul Hossain, Senior Advocate with him, instructed by, Md. Aftab Hossain, Advocate‑on‑Record-for the Appellants. Mahmudul Islam, Senior Advocate, Ziaur Rahman Khan, Advocate and Prober N...... Division in Writ Petition No. 1900 of 2003 making the Rule absolute are hereby set aside and the Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:......ppeared for the appellants in Civil Appear No.279 of 2003 as under: "Mr. TH Khan, the learned Counsel appearing for the petitioners in Civil, Petition No.989 of 2003, submitted that the learned Judges of the High Court Division erred in law in misconstruing and misinterpreting the offer. of di..Category: Others | Date: 10 Dec, 2003 | Hits: 261
....r interference with the impugned judgment of the High Court Division and consequently, this appeal is dismissed with costs of a Senior counsel in all stages.
Ed.
This Case is also Reported in:
......ersing the judgment and decree dated 82-1999 passed by the learned Assistant Judge, Dohar Court, Dhaka in Title Suit No. 27 of 1998 dismissing the same.
2. The plaintiff respondent instituted aforesaid title Suit for a declaration that the letter No. 75/1992 dated 6‑8‑1992 issued by the h......r interference with the impugned judgment of the High Court Division and consequently, this appeal is dismissed with costs of a Senior counsel in all stages.
Ed.
This Case is also Reported in:
......R 104 and thereupon allowed the appeal by Setting aside the trial Court's judgment. The appellants being aggrieved thereby moved the High Court Division in its revisional jurisdiction and the learned Judges of the High Court Division summarily rejected the said revisional application.
6. Leave w..
Category: Civil Law | Date: 8 Dec, 2003 | Hits: 209
Shamsuddin alias Shamsuddoha Vs. Mvi Amjad Ali & others, 2003, 32 CLC (AD)
....ision No. 72 of 1987 affirming those dated 14‑6‑1987 in NGR Case No. 132 of 1978 passed by the Magistrate, First Class, Cox's Bazar are hereby restored. Ed. This Case is also Reported in: ...... of the Cr.P.C. to go to competent civil court…………….(18 & 20) The Code of Criminal Procedure, 1908 (V of 1898), Sections 439A & 561A A revision petition cannot be brought before the High Court Division in the camouflage of a petition under section 561A. In a very rare case......ision No. 72 of 1987 affirming those dated 14‑6‑1987 in NGR Case No. 132 of 1978 passed by the Magistrate, First Class, Cox's Bazar are hereby restored. Ed. This Case is also Reported in: ...... submits that both the Courts below on consideration of the materials on record, both oral and documentary, found exclusive possession of the first party in the case land and, as such, the learned Judges of the High Court Division acted illegally and wrongly in setting aside the finding of fact ..Category: Property Law | Date: 27 Aug, 2003 | Hits: 414
Motiar Rahman (Md.) and 18 others Vs. Government of the People's Republic of Bangladesh and others
....rculate this Order among all the District Magistrates and all the District and Sessions Judges of Bangladesh. Ed. This Case is also Reported in: 57 DLR (2005) 327. ......t July 29, 2003. Result: Order was circulated. Whether a District Magistrate or Additional District Magistrate is empowered to pass an order of detention making the same effective for 30 days from the date of service of the order of detention The law enunciated in sub-sectio......rculate this Order among all the District Magistrates and all the District and Sessions Judges of Bangladesh. Ed. This Case is also Reported in: 57 DLR (2005) 327. ......airs and the Secretary, Ministry of Law, Justice and Parliamentary Affairs. The Registrar is directed to circulate this Order among all the District Magistrates and all the District and Sessions Judges of Bangladesh. Ed. This Case is also Reported in: 57 DLR (2005) 327. ..Category: Constitutional Law | Date: 29 Jul, 2003 | Hits: 11
Mrs. Razia Satter Vs. Mr. Azizul Huq and two others, 2003, 32 CLC (HCD)
....ch was received by the office of the contemner No.1 on 26.8.2001 and the aforesaid order was also communicated to the Deputy Commissioner, Dhaka, and the Police Commissioner, Dhaka, on 25.8.2001. The contempt petitioner obtained the certified copy of the aforesaid order on 26.8.2001 and thereaf......- Amicus Curieas. Contempt Petition No.116 of 2001. Judgment Syed Amirul Islam J.- This rule was issued calling upon the respondent-contemners to show cause as to why a proceeding for contempt of Court should not be drawn up against them and punished accordingly for violatin......in this rule and accordingly this rule is discharged and the contemners are acquitted of the charges-eveled against them. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 515. ......in this rule and accordingly this rule is discharged and the contemners are acquitted of the charges-eveled against them. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 515. ..Category: Constitutional Law, Contempt of Court Law | Date: 30 Jun, 2003 | Hits: 13
Jahanara Begum and others Vs. Hazera Khatun, 2003, 32 CLC (AD)
.... not sustainable in law and the same is accordingly set aside. In the result the appeals are allowed but without any order as to costs. Ed. This Case is also Reported in: ......azlul Karim J.- These appeals by leave are directed against the impugned judgment and order passed by the High Court Division in Civil Revision No. 1967 of 1999. 2. The facts relevant for disposal of these appeals are that appellant in Civil Appeal No. 438 of 2001 as the plaintiff in...... not sustainable in law and the same is accordingly set aside. In the result the appeals are allowed but without any order as to costs. Ed. This Case is also Reported in: ......passed by the Subordinate Judge allowing the prayer for amendment of the written statement, they do not have any locus standi to contest the impugned order and in that view of the matter, the learned Judges of the High Court Division fell into an error in transposing them as the petitioners striki..Category: Contract Law | Date: 12 May, 2003 | Hits: 251
State Vs. Md. Motiur Rahman & anr., 2004, 33 CLC (AD)
....ns 120(b)/302/380/201/212/114/411/34 of the Penal Code, rejecting the prayer for bail now pending in the Court of learned Chief Metropolitan Magistrate, Dhaka, is hereby set aside. Ed. ......atements of witnesses made under section 161 of the Code or judicial confession made under section 164 of the Code, when there is strong circumstantial evidence, cannot be taken into consideration for granting bail to an accused of a murder case………..(14) Lawyers ......ns 120(b)/302/380/201/212/114/411/34 of the Penal Code, rejecting the prayer for bail now pending in the Court of learned Chief Metropolitan Magistrate, Dhaka, is hereby set aside. Ed. ......made judicial confessional statements under section 164 of the Code of Criminal Procedure implicating the accused respondents in the act of murder. Lastly, he submits that the learned Judges of the High Court Division mechanically passed the impugned order without considering th..Category: Criminal Law | Date: 12 May, 2003 | Hits: 74
....s and/or error apparent on the face of the record this petition do not merit any consideration.
This petition is dismissed.
Ed.
This Case is also Reported in: 57 DLR (AD) (2005) 58
......tioner.
Not represented‑ The Respondents.
Civil Review Petition No. 47 of 2000.
(From the judgment and order dated 3Gth April 2000 passed by the Appellate Division in Civil Petition for Leave to Appeal No. 44 of 1995).
Judgment
Md. Fazlul Karim J.- This petition for ......s and/or error apparent on the face of the record this petition do not merit any consideration.
This petition is dismissed.
Ed.
This Case is also Reported in: 57 DLR (AD) (2005) 58
......added tax on the CI Sheet in question by the respondent No. 4 does suffer from any illegality or want of jurisdiction. In dismissing this petition we do not subscribe to the view taken by the learned Judges of the High Court Division that the petitioner cannot succeed as it did not take any step as ..
Category: Fiscal/Taxation Law | Date: 26 Jan, 2003 | Hits: 114
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