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Displaying 1921-1940 of 2121 results.
Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)
....o the arbitrator entering upon the reference. This is the principle of section 34 CPC and there is no reason to hold otherwise in the case of an arbitrator. An arbitration is an alternative form of resolution of disputes between parties and, as such, the arbitrator must have power to decide all ......t on 1 July 1984 stating therein that the work had been completed on 30 April 1984. But though the work had started from 21 January 1983, it was suspended for 47 days from 2.2.83 to 20.3.83 due to a dispute arising between the appellants, BADC, and the Ministry of Land at whose instance the Deputy..Category: Business or Commercial Law | Date: | Hits: 98
Syed A Jalil Vs. Mahbub Alam (Babul) and others, 1994, 23 CLC (AD)
.... of competent witnesses including the Presiding Officers concerned should be recorded. With these observations this petition is dismissed. This case is also reported in: 46 DLR (AD) (1994) 96 ......it was rejected. The Tribunal after perusing the Election petition and the written objection thereto, found election in all centres was held peacefully a matter over which there was hardly any dispute. But the Tribunal found that the main ground taken in the Election petition is that countin..Category: Election Law | Date: | Hits: 119
Khondaker Mahtabuddin Ahmed, MD Vs. Matin Tea and Trading Company , 1994, 23 CLC (AD)
....t the court at Moulvibazar was competent to entertain the suit. The petition has thus no merit and is accordingly dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 92 ......stries BCR (1981) HCD 364, M/s. Rahmania Trading Co. Vs. Eagle Star Insurance Co. Ltd. PLD 1960 (SC) (Pak) 202 and Bhola Nath Vs. Empire of India Life Assr. Co. AIR 1948 Lahore 56. 6. There is no dispute about the law which appears to be settled that a Corporation can be said to carry on busines..Category: Procedural Law | Date: | Hits: 91
Mafizuddin and others Vs. Alauddin and another, 1994, 23 CLC (HCD)
....er made by the Sessions Judge under section 439A of the Code. The application is, accordingly summarily rejected for lack of jurisdiction. Mohammad Golam Rabbani J I agree ......bit of his powers and jurisdiction, i.e., in respect of matters which do not fall within the powers and jurisdiction exercisable by the High Court Division under section 439. 13. There is no dispute that before the insertion of section 439A in the Code, the Sessions Judge was subordinate ..Category: Criminal Law | Date: | Hits: 76
Sher Ali (Md) and other Vs. State, 1994, 23 CLC (AD)
....llate Division must be obeyed without any criticism and comments as has been done in the present case. Ed. This case is also reported in: 46 DLR (AD) (1994) 67 ......n before the Sessions Judge; in that case, which arose from a proceeding under section 145 of the Code before a Magistrate, the crucial question was, what was "actual possession of the land in dispute". The first party to the said proceeding contended that some time before the dispute ..Category: Criminal Law | Date: | Hits: 98
Bangladesh Vs. Subash Chandra Das & ors, 1993, 22 CLC (AD)
....f abatement will follow only when the Government fails to "pay" or "deposit" compensation in terms of section 10. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 63. ......es mentioned in subsection (2). (2) If the persons entitled to compensation do not consent to receive it, or if there be no person competent to receive the compensation or, if there be any dispute as to title to receive the compensation or as to the appointment of it, the Deputy Commiss..Category: Property Law | Date: | Hits: 64
Sonali Bank Vs. Karnaphuli Works Ltd., 1993, 22 CLC (AD)
.... the use of money to which he is legitimately entitled has a right to be compensated for the deprivation, call it by any name interest, compensation or damage; an arbitrator is an alternative form of resolution of disputes between parties; if so, he must have the power to decide all the disputes bet......ion for loss of business for non payment of the balance of the price of goods supplied by the plaintiff to the defendant, and as such, the question as to interest is not of much relevance. 2. The disputed questions as to facts of the case have been concluded by concurrent findings of the trial C..Category: Business or Commercial Law | Date: | Hits: 128
Bangladesh Bank and others Vs. Mohammad Abdul Mannan, 1994, 23 CLC (AD)
....ermination has been made with any malafide intention. How, then, he can allege that it is a punishment in disguise? 7. Before the Administrative Appellate Tribunal it was urged that a resolution adopted in a meeting of the Board of Directors referred to certain allegations including......unal is set aside and that of the Administrative Tribunal is restored. Parties are to bear their respective costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 1. ..Category: Administrative Law | Date: | Hits: 149
Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)
....tee for Removal of Traffic and Transport Problems in Dhaka City, which was headed by the Secretary, Ministry of Housing and Public Works Department, in its meeting held on 7th August, 1986, took a resolution for handing over the above vacant space to Dhaka City Corporation, the respondent No. 1 ......uot; within the meaning of Article 102 of the Constitution, has no locus standi and no legal right of the petitioner has also been infringed and the allegations involved in the writ petition being disputed question of facts cannot be decided in writ jurisdiction. 4. The respondent No. 5..Category: Environmental Law | Date: | Hits: 293
Sheikh Farid (Md) & others Vs. Abdul Wadud Sikder and others, 2006, 35 CLC (AD)
....is lack of evidence to show that he possessed the land denying title of Karuna Moyee Dasi or her sons to their knowledge. Accordingly, the appeal is dismissed with costs. Ed. ......upport of their respective claim cannot be considered legal and valid document, that the cause of action as stated in the plaint is not correct, rather cause of action arose in 1962 while there was dispute of extreme nature relating to the title and possession of the land in suit, that the plain..Category: Property Law | Date: | Hits: 59
Serajul Islam & others Vs. Md. Abdur Razzaque Chowdhury and another, 2006, 35 CLC (AD)
....tly affirmed the decision of the lower appellate Court as the final court of fact. In such view of the matter, this petition merits no consideration Accordingly, it is dismissed. Ed. ......e lower appellate Court. 6. Dr. Rafiqur Rahman, the learned Counsel, appearing on behalf of the leave petitioners argued that the High Court Division totally misconceived the nature of the dispute of the case, in view of the fact that SA record admittedly stands for 6 (six) decimals of l..Category: Property Law | Date: | Hits: 43
Kader Textiles (Pvt) Ltd. and another Vs. Md. Lehajuddin Miah, and others, 2006, 35 CLC (AD)
.... (b) the company is acting or is likely to act in a manner which discriminates or is likely to discriminate the interest of any member or debenture holder; (c) a resolution of the members, debenture holders or any class of them has been passed or is likely to...... 6. It is noticed that the learned Company Judge discussed the materials on record in a threadbare manner and considered the cases of the parties in the facts and circumstances of the dispute in a very precise manner. The learned Company Judge passed the operative portion of the imp..Category: Business or Commercial Law | Date: | Hits: 86
Anwar Hossain Vs. Mainul Hosein & others, 2006, 35 CLC (AD)
....d of late Mr. Manik Mia, was made to act as the Printer and Publisher for the said daily. Subsequently, the Company appointed the writ-respondent Mr. Anwar Hossain editor of the daily Ittefaq by a resolution dated 10-3-1972 in place of the writ-petitioner Mr. Mainul Hosein and Mr Mainul Hosein w......essary orders. The matter was then referred to the third Judge who concurred with Abdus Salam Mamun J and the Rules issued in the writ petitions were made absolute. 10. Since the matter in dispute involves substantial question of law as to the interpretation of the Constitution, the lea..Category: Civil Law | Date: | Hits: 103
Akhtar Begum & others Vs. Mahmudul Haque, Advocate and others, 2006, 35 CLC (AD)
....raightaway instead of allowing the plaintiff to remove any formal defect therein and suitably amend the plaint to make it maintainable and to get the relief in a single suit between the parties by resolution of the disputes between them and this view finds support in the case of Sk. Md. Junaid a...... of allowing the plaintiff to remove any formal defect therein and suitably amend the plaint to make it maintainable and to get the relief in a single suit between the parties by resolution of the disputes between them and this view finds support in the case of Sk. Md. Junaid and others vs. Turn..Category: Civil Law | Date: | Hits: 91
Abdur Rahim (Md) Vs. Bengal Bricks Industries Ltd. & anr, 2006, 35 CLC (AD)
....itioner. 14. We do not find any illegality or infirmity in the Judgment of the High Court Division calling for our interference. In view of the above, the leave petitions are dismissed. Ed.......nding. Thereafter, knowing about the ex parte decree in Title Suit No. 98 of 1985 the plaintiff brought the instant suit. 8. The plaintiff-respondent, Bengal Bricks Industries Limited, does not dispute the facts stated above but claims that after it had purchased the property of Messrs Golden ..Category: Tenancy Law | Date: | Hits: 72
Shahudul Haque, IG Police and others Vs. State, 2006, 35 CLC (AD)
....s to whether the contemner appreciated that his act was within the mischief of contempt, whether he regretted it, whether his regret was sincere, where it was accompanied with the expression of the resolution never to repeat again and where he made his submission to the authority of the court hu......the unqualified apology and to censure the appellants in modifying of the sentence imposed on them. The appeals are, accordingly, dismissed without any order as to costs. Ed. ..Category: Criminal Law | Date: | Hits: 64
Agrani Bank. Vs. Ansarul Hoque and ors, 2006, 35 CLC (AD)
.... Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs and the judgment and order passed by the High Court Division is set aside. Ed. ......f Taka 13,03,758 became due as interest and compensation; so unless and until the remedy sought in the above suit is exhausted the petitioner was not entitled to invoke writ jurisdiction; since the disputes involved are questions of fact the writ petition is not maintainable; after the above judg..Category: Banking Law | Date: | Hits: 101
Bangladesh Telecommunication Regulatory Commission Vs. Ekushey Television Ltd., 2006, 35 CLC (AD)
....ns aforesaid, with the above observations the appeals are, accordingly, allowed without any order as to costs. The impugned judgment and orders of the High Court Division are hereby set aside. Ed. ......ruction and interpretation of the relevant facts on the subjects, let us examine the relevant provisions of the latest Act to ascertain the object, meaning, purport and, inter alia, subject-matter in dispute i.e. section 3 of Act 2001 and in juxtaposition to the existing provision. 46. Section 3..Category: Information Technology Law | Date: | Hits: 266
Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)
....is dismissed by the majority decision. Let a copy of the judgment be sent to the Court of Nari-o-Shishu Nirjatan Daman Adalat, Narayanganj for taking steps in accordance with law. Ed. ......ovocation caused the death of the victim. In the afore state of the matter it was submitted by the learned Counsel that although death is an undenied fact and the fact of death of the victim is not disputed by the condemned prisoner, but as the same was caused having had lost the power of self-c..Category: Criminal Law | Date: | Hits: 59
Abdur Rashid Mollah Vs. Bangladesh, 2003, 32 CLC (AD)
....r the appellant in the case of Bangladesh vs. Amena Khatun reported in 55 DLR (AD) 55. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: ......f contract and execution of the registered sale deed, the High Court Division referred to the case reported in 47 DLR (AD) 71 where it was held that in a suit for specific performance of contract the dispute between the vendor and the vendee is decided, and it does not exclude the property from bein..Category: Property Law | Date: | Hits: 108
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