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Bangladesh Jute Mills Corporation Vs. Maico Jute and Bag Corporation and others, 2002, 31 CLC (HCD)
....e Metropolitan Chamber of Commerce and Industry for arbitration in accordance with clause 18 of the contract. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 224. ......plication under section 115 of the Code of Civil Procedure against order No. 13 dated 25‑11‑2001 passed by Subordinate Judge, Court No. 5 at Dhaka in Title Suit No. 31 of 2001, which rejected the prayer for stay of further proceedings of the suit. 2. Opposite party No.1, a firm engaged in exp..Category: Alternative Dispute Resolution | Date: | Hits: 245
Chand Mia and others Vs. MA Rajput Ghosh Bahadur & others, 2002, 31 CLC (HCD)
.... to the plaint and corresponding correction to the decree in Title Suit No. 2 of 1959 as prayed for. There is no order as to cost. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 221. ......arte on 2‑6‑1959 by the learned Munsif, now Assistant Judge and the plaintiffs title to the suit land was declared. However, the suit land, although it was described correctly in the body and the prayer portion of the plaintiffs plaint, the current Plot No. 313 was wrongly written in schedule "k..Category: Property Law | Date: | Hits: 61
Abdur Rahman Kha (Md) Vs. State, 2002, 31 CLC (HCD)
....er be heard afresh by the learned Judge and orders be passed in accordance with law. The stay order passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 213. ...... Court otherwise comes to know of any illegality in any order of any inferior Court within its jurisdiction. In view of such position of law there cannot be any legal reason to lend a deaf ear to the prayer made by an informant to put the ball into motion by an application under section 439 of the C..Category: Criminal Law | Date: | Hits: 82
Mohammad Syed Vs. State, 2004, 33 CLC (HCD)
....discharged with the observation as made above. Send down the lower court records with a copy of this order to the court concerned. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 210. ......ubsequently, the accused petitioner including the accused No.2 Md. Tajul Islam filed an application for bail before the learned Metropolitan Magistrate who by his order dated 8‑4‑2003 allowed the prayer for bail of the accused petitioner and rejected that of the co-accused Md. Tajul Islam with..Category: Criminal Law | Date: | Hits: 45
Rezia Khatun Vs. State, 2004, 33 CLC (HCD)
....e petitioner could not prefer appeal to the High Court Division within the prescribed time of 60 days under section 417(2) of the Code of Criminal Procedure and as such the petitioner having no other alternative remedy has filed this present application. At last, he also submits that the case may be......Rule. In the result the Rule is discharged. Let the LCR be transmitted to the courts below with a copy of the judgment and order. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 208...Category: Criminal Law | Date: | Hits: 39
Loskor Md Mostan Billah Vs. State, 2002, 31 CLC (HCD)
....herefore, has no substance. In the result, the Rule is discharged. The order of stay passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 199. ......ssioner, Khulna to show cause as to why the order dated 2210‑2001 passed by the learned Additional Sessions Judge, 4th Court, Khulna and Special Judge in Special Case No. 13 of 2001 rejecting the prayer for withdrawal of the prosecution against the accused petitioner should not be set aside. ..Category: Criminal Law | Date: | Hits: 56
State Vs. Ershad Ali Sikder and others, 2004, 33 CLC (AD)
....h him at the same trial." The prohibition as contained in section 5 of the Oaths Act and 342 (4) of the Code do not stand on the way in view of sub‑section (3) of section 340 of the Code. In the alternative, it may be said that sub‑section (3) of section 340 pro tanto repealed section 5 of th......dris Jamai be set at liberty forthwith if not wanted in connection with any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 185. ..Category: Criminal Law | Date: | Hits: 110
Category: Property Law | Date: | Hits: 58
Ocean Containers Ltd. Vs. Government of Bangladesh and others, 2002, 31 CLC (HCD)
....id SRO are illegal and without jurisdiction. In the result, the Rule is made absolute for the above reasons without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 250....... the tax exemption and the impugned orders dated 18‑10‑1999 and 17‑2‑2000 vide Annexures C and F to the writ petition, respectively passed by the National Board of Revenue (NBR) rejecting the prayer of the petitioner to allow the said tax exemption to the petitioner as contemplated under sec..Category: Fiscal/Taxation Law | Date: | Hits: 86
Patwary Rafiquddin Haider Vs. State and another, 2002, 31 CLC (HCD)
....udgment. The question posed is answered accordingly. The Rule arising out of a petition for Anticipatory Bail, thus stands disposed of. Ed. This Case is also Reported in: 55 DLR (2003) 241.......d against him is being or has been taken with an ulterior motive, political or otherwise, for harassing the accused and not for securing justice in a particular case. The only other case where the prayer may also be considered may occur if it is proved that on account of some local public commoti..Category: Criminal Law | Date: | Hits: 79
Category: Property Law | Date: | Hits: 54
Russel Vegetable Oil Ltd. Vs. Collector of Customs and others, 2000, 29 CLC (HCD)
....een noticed that the High Court Division in holding as above relied on another decision of this Division 11 BLD (AD) 227. In that decision it has been, inter-alia, observed that in principle where an alternative statutory remedy is available an application under article 102 may not be entertained to...... two months. There shall be no order as to costs. Let a copy of this order be sent to the Commissioner of Customs, Chittagong. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 382. ..Category: Fiscal/Taxation Law | Date: | Hits: 79
Islami Bank Bangladesh Ltd. Vs. District Anti-Corruption Officer and another, 2001, 30 CLC (HCD)
....s are made without any lawful authority and are of no legal effect. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 233....... sent from Nababganj Sonali Bank Branch to Chittagong Sonali Bank Branch favouring account No. CD 624 of one Babul Sheikh. It appears from the said impugned application that the respondent No. 1 made prayer for seizure of the aforementioned documents for the purpose of preliminary inquiry to determi..Category: Anti-Corruption Laws | Date: | Hits: 153
State Vs. Rabiul Hossain alias Rob, 2000, 29 CLC (HCD)
.... to this Court. The connected appeals being Criminal Appeal Nos.1205 of 1997 and 1391 of 1997 may go out of list for the time being. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 370.......7-7-95 one Mr. Abu Jafar Siddique, the learned Advocate was appointed on behalf of the State to defend absconding accused Ela and Jalal. It further appears that from order No.43 dated 24-2-97 that on prayer of Jafar Siddique his appointment was cancelled and Mr. Nasiruddin Ahmed, the learned Advocat..Category: Criminal Law | Date: | Hits: 47
Kala Miah Vs. Gopal Chandra Paul and others, 1998, 27 CLC (HCD)
....tion Case No. 15 of 1987 of the Court of the Subordinate Judge, Chandpur stands vacated. Send down the Lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 77. ......ntiff filed Title Suit No. 564 of 1981 in the 2nd Court of the Munsif, Chandpur which on transfer to the Court of Munsif, Hajigonj was renumbered as Title Suit No. 298 of 1983 and subsequently on the prayer of the plaintiff this suit was withdrawn. The defendant asserted that the plaintiff has filed..Category: Property Law | Date: | Hits: 51
QC Shipping Limited and another Vs. Chittagong Port Authority and others, 1998, 27 CLC (HCD)
....ly an academic one. Mr. Nabi further referred clause 8 of the agreement to contend that it provides for arbitration and the petitioners not having had gone for arbitration writ fails on the ground of alternative remedy provided in the agreement itself. Clause 8 of the agreement reads: “৮) উ......esult, I make this Rule absolute without any order as to costs. The order of stay is consequently disposed of as being infructuous. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 64. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 583
Arbi Khanom and 4 others Vs. State, 2000, 29 CLC (HCD)
.... In the above view, we do not find any merit in the Rules, and accordingly, the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 367. ......ister referred the matter to the Additional Deputy Commissioner (Rev), Narayanganj for report and the ADC on 21-10-99 informed the Secretary, Ministry of Land stating the material facts referring the prayer of the petitioner for release of the land. The petitioner having no response from the respond..Category: Criminal Law | Date: | Hits: 37
Abdul Jabber and others Vs. Mohammad Sekander and others, 1998, 27 CLC (HCD)
....stay order if any granted earlier is duly vacated. No order as to costs. Records of the Courts below shall be sent down at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 62. ......rder dated 7-6-87 passed by the Assistant Judge, Moheshkhali Cox’s Bazar passed in the pre-emption Misc. Case No 17 of 1986 under section 96 of the State Acquisition and Tenancy Act. Dismissing the prayer for pre-emption opposite party No. I filed pre-emption case against the present petitioner an..Category: Property Law | Date: | Hits: 67
Habibur Rahman Paikar (Md.) Vs. Gour Gopal Datta and others, 1998, 27 CLC (HCD)
.... within three months from the date of receipt of the order. Communicate this order to the learned Subordinate Judge, Bogra at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 54. ......efore the District Judge, Bogra being Other Class Appeal No. 21 of 1984 and the said appeal was eventually transferred to the Court of the Subordinate Judge for disposal. 6. It appears that on the prayer of the plaintiff appellant for permission to withdraw the suit on the ground of formal defect..Category: Property Law | Date: | Hits: 88
Basihur Rahman Biswas Vs. Md. Hanif Ali Biswas & others, 1999, 28 CLC (HCD)
....e places of corrections. Accordingly, the Rule is discharged but without any order as to cost. Send down the records forthwith. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 346. ......lf admitted in his cross-examination that he prayed for cancellation of the earlier deed of gift also which is not correct. Under such circumstances this suit for simple declaration, without a proper prayer for decree for cancellation of the deed of gift dated 22-3-1975 (Exhibit-Uma), is also barred..Category: Property Law | Date: | Hits: 72