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Sardar Jan Mohammad and another Vs. Lutfannessa and others, 2004, 33 CLC (HCD)
....side. Learned Subordinate Judge is directed to hear and dispose of the Suit in accordance with law, expeditiously. Send down the record. Ed. This Case is also Reported in: 56 DLR (2004) 514. ......side. Learned Subordinate Judge is directed to hear and dispose of the Suit in accordance with law, expeditiously. Send down the record. Ed. This Case is also Reported in: 56 DLR (2004) 514. ......filed a 'Solenama' in Court. By order dated 3‑2‑93 the Court ordered to keep the 'Solenama' on record for disposal along with the suit. 14. It is now well settled by good authorities that if a proceeding is though premature on the date of filing but with the continuance of the proceeding beco..Category: Property Law | Date: | Hits: 61
.... disposed of by this judgment.
3. In order to appreciate the issues raised, the facts of Writ Petition No.4454 of 2002 could be stated. The petitioner, Intertek Testing Services (BD) Ltd. is a company duly incorporated in Bangladesh under the Companies Act, 1994. It is engaged in the inspection a......ceased to be under the control of customs authorities or to any penalty levied under this Act shall, at the time of filing his appeal or, if he so permitted by the appellate authority, at any later stage before the consideration of the appeal, deposit with the appropriate officer the duty demanded...... hence, of no legal effect. The Appellate Tribunal is hereby directed to dispose of the appeals in accordance with law as early as possible.
Ed.
This Case is also Reported in: 57 DLR (2005) 74.
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Category: Fiscal/Taxation Law | Date: | Hits: 122
Padma Oil Co. Ltd. Vs. SM Nurul Islam and others, 2002, 31 CLC (HCD)
....made absolute. Cases Referred to- New Dhaka Industries Ltd Vs. Ouamrul Huda and others, 31 DLR (AD) 234; Mobarakganj Sugar Mills Ltd Vs. ASM Kazi Nazrul Islam, 1987 BLD (AD) 182; Jamuna Oil Company Ltd and another Vs. SK Dey and another, 44 DLR (AD) 104; Rupali Bank Ltd Vs. Md Arah Ali and oth...... as to cost. The order of stay granted at the time of issuance of the Rule stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 505. ......der President's Order 27 of 1972 it (the Company) was brought within the ambit of the Corporation, that does not mean that the company became extinct nor, for that matter, it could be argued that the proceeding should not be initiated by the Company itself. The relationship between the parties wa..Category: Employment/Service Law | Date: | Hits: 122
Mehedi Hasan Vs. State, 2011, 40 CLC (HCD)
.... petitioner, having placed the petition before us filed under section 561A of the Code along with the annexure submits (1) that the petitioner was not named in the FIR as because he has not committed any offence (2) that, the allegations made in the charge sheet against this petitioner, if considere......hich are to be proved before the trial Court by adducing evidence. Accordingly, the learned advocate for the ACC submits that the interference under section 561A of the Code is not called for at this stage, hence he prayed for discharging the rule. We have heard the learned advocates perused the ......Attorney General - For the State. Khurshed Alam Khan, Advocate - For the Anti Corruption Commission (ACC). Criminal Miscellaneous No. 9051 of 2011 (Application u/s 561A CrPC for quashment of proceedings of the Special Case No. 18 of 2007 pending in the Court of Special Judge, Court No. 3 Dh..Category: Administrative Law | Date: | Hits: 173
Industrialisation Fund for Developing Countries Vs. Northern Corporation Limited, 2010, 39 CLC (HCD)
....Northern Corporation Limited, also a Bangladeshi entity: "Article 14. Guarantee.- 1. The due repayment of principal, and payment of interest to the Fund on the Loan, and of all other charges or any other payment which may become due to the Fund under this Agreement shall at all times be adequa......n the Opposite Party and Mr. Kamal-ul Alam by a Special Messenger at the cost of the Petitioner. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 313; 30 BLD (HCD) (2010) 623. ......n Clauses 17 and 18: "17. Any disputes or differences arising out of or in connection with this Guarantee shall be referred to Arbitration under the ... the Arbitration Act, 2001. 18. All legal proceedings arising out or under this Guarantee shall be subject to the jurisdiction of the Courts a..Category: Alternative Dispute Resolution | Date: | Hits: 222
Md. Abdul Bari and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....al employees of BFCC be administered under a uniform regime and that the contractual employees be absorbed in the service of Biman. Alternatively, the committee recommended to convert BFCC into a company and administer all its employees according to the Company Law. But strangely enough, no positive......al employees will not be entitled to the benefits of any provident fund, gratuity and group insurance whatsoever, even though indisputably the benefit of gratuity has been extended to them at a later stage. The most striking feature of Annexure-'E' is this: the service of the contractual employees i...... The Rule, therefore, fails. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 27; 30 BLD (HCD) (2010) 465. ..Category: Employment/Service Law | Date: | Hits: 145
Sheikh Hasina Wazed @ Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....ed petitioner as Prime Minister of this country by abusing her official position in connivance with other accused persons approved draft rules for giving opportunity of NIKO Resources a foreign company, which failed to compete in International Tender, for extraction of gas worth Taka 13,630 (thirt...... the accused petitioner submits that if it is found that there is abuse of the process of the Court this Court can invoke jurisdiction under section 561 A of the Code of Criminal Procedure at any stage of the proceedings. In this regard he referred 17 BLD (AD) 44=2 BLC (AD) 116, Ali Akkas Vs. En...... of 2008. Judgment Md. Shamsul Huda J.- This rule was issued on an application under section 561A of the Code of Criminal Procedure calling upon the opposite party to show cause as to why the proceeding of Special Case No.5 of 2008 arising out of Tejgaon Police Station Case No.19 dated 9-12-..Category: Criminal Law | Date: | Hits: 126
Md. Nawab Ali Khondker Vs. Md. Aminuddin & Others, 1989, 18 CLC (HCD)
....sued by this court on the respondents to show cause why the impugned declaration of the respondent No.1 as the Chairman of the Malonchi Union Parishad should not be declared to have been made without any lawful authority and of no legal effect and why the petitioner should not be declared as Cha......e, if any, for vindication of his right, if so advised. In the result, therefore, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 (HCD) DLR 254. ......t sheet of the centre was subsequently replaced by a false and fabricated result sheet are without any basis. These being all question of facts cannot be decided without entering into evidence in a proceeding under Article 102 of the Constitution, the learned Advocate submits. The learned Advoca..Category: Election Law | Date: | Hits: 171
Abdul Hannan Chowdhury and Asgar Hossain Vs. Shamsul Huq Sikder and the State, 1989, 18 CLC (HCD)
....ading to this, in short, is that on 29.1.87 under the guidance of Mr. Akram Hossain, Assistant Police Commissioner along with Yunus Ali Talukdar, Police Inspector and few employees of the Hoechst Company Ltd. of the Dhaka Office, a raid was conducted in the pharmacy of the accused namely College Aus......bt and they are released from their bail bonds immediately. The appeal is therefore, allowed. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 246. ......ose to be adulterated. It has been alleged by the defence that the raid was conducted by unauthorized persons and the complaint petition was lodged also by unauthorized persons making the whole proceeding a nullity. Further, Mr. Sanaullah, the Hoechst representative in spite of being arreste..Category: Criminal Law | Date: | Hits: 83
Maulana Abdul Motin & others Vs. Shah Alam Bhuiyan & others, 1989, 28 CLC (HCD)
....ave purchased 17 1/2 decimals of land out of C.S. plot No.1566 from the lawful heirs of Chandra Nath Mondal. In the written objection it has been specifically stated that Rahim Box did not purchase any land of C.S. plot No. 1566 and as such neither Rahim Box nor his heirs ever possessed any land......0 yards away from the land of the defendant. This is really a matter of evidence and the trial Court will decide that in pursuance of the evidence both oral and documentary that will come up at the stage of trial. 8. It is needless to say that a matter which is to be decided by evidence can nev......of our jurisdiction under section 115 of the Code of Civil Procedure. In the result, this Rule is discharged without any order as to costs. The stay order granted by this Court staying all further proceeding in title suit is vacated. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 24..Category: Procedural Law | Date: | Hits: 82
Dr. Mohiuddin Farooque and another Vs. Bangladesh, 1997, 26 CLC (HCD)
....the spirit of Article 24 of the Constitution. (c) There was no people’s participation except some show meetings which were managed through manipulation. The local people were not at all afforded any opportunity to submit their objections and, thus, the aggrieved people have been deprived of the......pment Board while ‘FPCO’ is only acting as a monitor of the project activities on behalf of the Ministry maintaining liaison with the donors on behalf of the Government. It is pleaded that in all stages of project formulation, all groups of people concerned and affected by the project have been ...... be adjourned, hold an enquiry and hear the objections of any persons who may appear, recording such evidence as may be necessary.” 38. Section 27 runs thus: “27. Wherever, in the course of proceedings under this Act, save as hereinafter provided, it appears that land is required for any o..Category: Environmental Law | Date: | Hits: 1051
Habibur Rahman Khan Vs. Nurul Islam Khan, 1997, 26 CLC (HCD)
....n stating, inter alia, that he entered into an agreement on 8-4-93 with his brother, namely, defendant-appellant Habibur Rahman Khan under which the plaintiff was to transfer his 25% share in the company known as Habib Transport Co. Ltd. and the defendant in turn was to execute and register a sale d......go coaster with the following order: “In the meantime cargo coaster MV Ishrat Khan is attached.” Order 38, rule 5 of the Code of Civil Procedure reads as follows: “5. (1) Where, at any stage of a suit, the Court is satisfied, by affidavit or otherwise, that the defendant, with intent ......ible. The Rule being Civil Rule No. 390 (fm) 96 is accordingly disposed of. Send a copy of the judgement to the Court below at once. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 82. ..Category: Civil Law | Date: | Hits: 65
GD Alesio, Livorno, Italy Vs. MV Hawai Splendour & Others, 1996, 25 CLC (HCD)
....ring the call of MV Hawai Splendour pilots on the Pilot boat also tried to raise alarm to warn MV Mauro D'Alesio on their VHF. The Master of MV Mauro D'Alesio, however, did not respond to the call of anyone, and came in contact with the vessel causing damage to the MV Hawai Splendour. Thereafter MV ......erself even surveyed in Bangladesh. Further reports of two port officials tend to suggest that the collision had happened due to the negligence of MV Mauro D'Alesio. 32. Be that as it may, at this stage, it is not possible for the Court to determine who was at fault; what was the quantum of damag......laim made by MV Hawai Splendour in Admiralty Suit No.33 of 1995 or in Admiralty Suit No.13 of 1996. 24. Dr. M Zahir submits that in the aforesaid situation it would be quite just and proper of the proceeding of the principal cause i.e. Admiralty Suit No.33 of 1995 is suspended until security is f..Category: Admiralty Law or Maritime Law | Date: | Hits: 353
Hakim Ullah Vs. Mutaleb and others, 1996, 25 CLC (HCD)
....e in rejecting the prayer for amendment of the Memorandum of appeal by bringing the opposite parties on record as respondents after striking out the name of deceased Abdul Hashim and the Court may at any time allow such amendment in the appeal to remove such defect under section 153 of the Code of C......cord and the appeal be heard on merit in accordance with law as if it were presented within time. There will be no order as to costs. Ed. This case is also Reported in: 49 DLR (HD) (1997) 118.......argued that the Court of appeal below failed to notice that although the appeal may be incompetent owing to the wrong person being named as respondent but the Court which deals with it is acting in a proceeding in a suit and as such has full power under section 153 of the Code of Civil Procedure to ..Category: Procedural Law | Date: | Hits: 70
M R Sikder Vs. Bangladesh Water Development Board, 1996, 25 CLC (HCD)
....ither to concur in the said appointment of arbitrator or to nominate another arbitrator from their side, if they so desire. That notice was received by the opposite party, but they have not nominated any other Arbitrator as required under the law and therearter at the request of the petitioner Mr. J......s application. The Rule is accordingly discharged without any order as to costs. The order of stay passed earlier is hereby vacated. Ed. This case is also Reported in: 49 DLR (HD) (1997)113. ......33 of the Act it has not been provided that while furnishing security in such matters the provision of the Code of Civil Procedure shall have to be complied with or those will be applicable in such a proceedings proceeding. The learned Advocate contends that in section 33 of the Arbitration Act ther..Category: Alternative Dispute Resolution | Date: | Hits: 245
.... and the University itself to show cause as to why impugned order dated 16‑8‑95 (Annexure‑C) taking disciplinary action against the petitioner should not be declared to have been passed without any lawful authority and of no legal effect.
2. Learned Advocate for the petitioner after placing......ct and cancellation of his examination in plan 211 of the first term of 1992‑93 i.e. level II term I of session 1992‑93 is upheld.
Ed.
This Case is also Reported in: 49 DLR (HD) (1997) 104.
...... subject of the examination on mere surmise and conjecture. The learned Advocate also contended that principle of natural justice was not complied with by the Board of Residence and Discipline in the proceedings in which petitioner was found guilty and awarded to the petitioner was too harsh.
3. ..
Category: Civil Law | Date: | Hits: 85
Dr. Ahmed Sharif Vs. State and another, 1994, 23 CLC (HCD)
.... the CR case No.226/92 of the Court of Sadar Magistrate, Gopalgonj, pending hearing of the Rule, from another Bench of this Court. 5. It appears that the accused petitioner did never appear before any Court either the Court below this Court issuing the Rule in obedience to the processes, particul......a. Communicate this order to the Chief Metropolitan Magistrate, Dhaka and Sadar Magistrate Court, Gopalganj for compliance at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 100. ......r quashment of the CR case No.226 of 1992 under sections 295A and 298 of the Penal Code now pending in the Court of Sadar Magistrate, Gopaalgonj. 2. The main ground urged for quashment is that the proceeding at the instances of a private individual for the offence under sections 295A and 298 of t..Category: Criminal Law | Date: | Hits: 70
Golam (Md.) Abdul Awal Sarker and others Vs. State, 1996, 25 CLC (HCD)
....or, Bureau of Anti-Corruption, Dhaka, lodged an ejahar with the Gulshan Police Station on 5-1-94 against the petitioner No.1 Golam Md. Abdul Awal Sarker on the allegation that he got registered a company on 13-6-88 under the name and style M/s. Al-Kaderia Enterprise (Pvt.) Ltd. “with the registrar......th Court, Dhaka, is quashed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 95. ......torney-General-For the State. Criminal Miscellaneous Case No. 845 of 1995. Judgment Mahfuzur Rahman J.- This Rule was issued calling upon the Deputy Commissioner, Dhaka to show cause why the proceeding being Special Case No.136 of 1994 pending against the accused petitioners in the Court of..Category: Criminal Law | Date: | Hits: 105
Faiz Ahmed Chowdhury Vs. Arif Ahmed, 1994, 23 CLC (HCD)
....guli who became owners in that 8 anna share. The defendant was a tenant in the suit premises under the sons of Harendra Chandra Ganguli having a tailoring business therein. The defendant did not take any lease of the suit premises from Nibaran Chandra or from his sons and did not pay any rent to the......e relief claimed by him in a Court of Small Causes depend upon the proof or disproof of a title to immoveable property or other title which such a court cannot finally determine, the Court may at any stage of the proceedings return the plaint to be presented to a Court having jurisdiction to determi...... his sons and did not pay any rent to them. No title was conferred in favour of Abdus Sattar and others nor in favour of the present plaintiff on the basis of their deed of exchange. 4. During the proceeding of the SCC suit, the defendant filed an application under section 23 of SCC. Act on 2‑5..Category: Property Law | Date: | Hits: 59
Sharifuddin (Md.) Vs. Md. Mofizuddin Sarker and others, 1994, 23 CLC (HCD)
.... submits that Opposite Party 2 was a defaulter within the meaning of section 7 (2) (g) of the said Ordinance at the time of scrutiny of his nomination paper. He further submits that the expression “any loan” used in clause (g) of sub-section (2) of section 7 of the Ordinance cannot be segregated......date of filing of the nomination paper or on the date of scrutiny of the same or even after holding office of the chairman of the Union Parishad is one stood disqualified under section 7(2)(g) at any stage of the three stages and continued to incur such disqualification and if it is so found the ele......s. The authority concerned is directed to take expeditious step for holding re-election in view of the term office of the chairman. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 86. ..Category: Election Law | Date: | Hits: 148
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