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Helm Dungemittel Gmbh Vs. BCIC and another, 2009, 38 CLC (HCD)
....f any order to have been made by this Court in conjunction with the Arbitration Application No.1 of 2007. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 783. ...... Application for setting aside arbitral award.- (2) The High Court Division may set aside any arbitral award made in an international commercial arbitration held in Bangladesh on the application of a party within sixty days from the receipt of the award. 43. Grounds for sitting aside arbitral awa..Category: Alternative Dispute Resolution | Date: | Hits: 172
Md. Daliluddin and others Vs. Md. Mokarram Hossain, 2011, 40 CLC (AD)
.... materials on record and as such no interference is called for. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 421. ......ll the material allegations of the plaint. 6. The case of defendant Nos. 1 to 4, in short, is: 7. Asim Mohammad Sheik and Mozibor Rahman, Khatibuddin, minor sons of late Chuto Mohammad were 3rd party to the partition deed. According to the terms of the partition deed, Foraj Ashi Mohammad obtai..Category: Property Law | Date: | Hits: 79
Md. Alimuzzarnan (Reza) and others Vs. Md. Masudar Rahman @ Babul and others, 2010, 39 CLC (HCD)
....the decree passed in Title Suit No.14 of 1986 but according to him, that would not materially affect the decree passed by the trial Court. According to the learned Counsel, this is a mere technical defect and this Court can pass an effective decree modifying that of the trial Court since the pla......sed in this suit since the averments made therein have not been proved in Court in accordance with law and secondly, those averments were made in a different suit in which the plaintiff was not a party and he was not afforded an opportunity to controvert those statements. This submission merit..Category: Procedural Law | Date: | Hits: 76
Oriental Bank Ltd. Vs. Federal Insurance Company Ltd., 2010, 39 CLC (HCD)
....reasons above cited this Court finds no merit in this Application. In the result, this Application is dismissed. There is no order as to costs. Ed. This Case is also Reported in: ......having taken cognizance and issued a warrant of arrest against the borrower vide Order dated 12.3.2008, the borrower has, however, been able to evade arrest till date for reasons not explained by any party in these proceedings. 3. It is against this factual backdrop that the Petitioner served a ..Category: Company Law | Date: | Hits: 203
Pradip Kumar Malakar Vs. Birendra Chandra Malakar and others, 1993, 22 CLC (HCD)
....ugned order does not disclose any reason for allowing the application for withdrawal of the suit. In allowing such application the trial Court must come to a finding that the suit suffers from formal defect. Unless and until the trial Court comes to such a finding it is not empowered to allow applic......trial Court set aside the order impugned. 3. In the result, the Rule is made absolute. I accord no costs as the Rule is not opposed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 422...Category: Procedural Law | Date: | Hits: 72
Mahmud Ibne Abbas Vs. Begum Momtaz Hossain and another, 1991, 20 CLC (HCD)
....ad been prayed for and to take steps for submission of the commissioner's report within one month of receipt of a copy of this order. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 419. ......Judge, Dhaka. Hence this Revisional application. 3. Heard Mr. Shah MH Rahman the learned Advocate appearing for the petitioner and Mr. Rakib Ahmed, the learned Advocate appearing for the opposite party No.1. No doubt the suit was for declaration that the Hiba‑bil‑ewaz deed dated 24.5.86 w..Category: Property Law | Date: | Hits: 80
Hussain Mohammad Ershad Vs. State, 1992, 21 CLC (HCD)
....of the High Court. We, having considered the matter find no substance in this application which is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 116. ......l Area, Dhaka, claiming that the said money was kept in Senabhaban and seized by the Government and that money was kept in Senabhaban and seized by the Government and that money is now claimed by the party. 4. On 20.3.91. when the trial was continuing before the Senior Special Judge, Dhaka, being..Category: Criminal Law | Date: | Hits: 125
Mohibur Rahman Vs. Kuti Miah and State, 1991, 20 CLC (HCD)
....istrate. In the result, the rule is made absolute and the impugned order passed by the learned Sessions Judge is hereby set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 112. ......unless such person has had an opportunity of showing cause why such direction should not be made.’’ 12. In the case of Abdus Salam Master Vs. The State reported in 35 DLR 140 it is held that a party aggrieved by an order of discharge passed by Magistrate can move the superior court against su..Category: Criminal Law | Date: | Hits: 89
Muhammadullah and others Vs. Makbul Ahmed and State, 1991, 20 CLC (HCD)
....ugned proceeding of the Petition Case No.345 A‑1/89 pending in the Court of Chief Metropolitan Magistrate, Dhaka is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 107. ......hing the Petition Case No.345A‑1/89, pending in the Court of Chief Metropolitan Magistrate, Dhaka under section 108 (2) of the Companies Act, 1913. 2. The facts of the case are that the opposite party No.1 Makbul Ahmed filed a petition of complaint before the Chief Metropolitan Magistrate again..Category: Criminal Law | Date: | Hits: 89
Alesuddin Mondal Vs. Md. Toyezuddin Dewan, 1991, 20 CLC (HCD)
....ch the disputed land appertains. 4. Opposite party No.1 Faizuddin Dewan contested the case by filing written objection contending, inter alia, that the case is barred by time, that it suffers from defect of parties and that the opposite party has gifted the suit land to his 4 sons by registered H......se No.144 of 1978. 2. Facts giving rise to this rule may briefly be stated thus: 3. Opposite Party No.2 Jamsed Ali Dewan transferred the case land by a registered deed dated 21.8.78 to opposite party No.1 who is a stranger purchaser. No notice of the transfer was served on the petitioner Alesu..Category: Property Law | Date: | Hits: 81
Ayub Ali Mohaldar Vs. Md. Shahjahan and others, 1990, 19 CLC (HCD)
....e Rule is made absoluteas against opposite-party contemner No.1 and discharged as against the order opposite-party contemner Nos.2-4. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 101. ......3. Shaikh Razzaqure Ali - For contemner No.4. Contempt Case No.1 of 1989. Judgment Abdul Hasib J.- This Rule at the instance of one Ayub Ali Mohaldar was issued calling upon the opposite party contemners to show cause why they should not be committed for contempt of Court. Contemner No...Category: Criminal Law | Date: | Hits: 84
....se of the learned Subordinate Judge, Munshiganj, passed in Title Suit No.71 of 1981 are restored.
There will be no order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 98.......hat the plaintiffs fraudulently converted this blank stamp‑paper into a deed of agreement and instituted the suit. It is their further case that the defendant No.1 transferred some lands to a third party.
5. The learned trial Court after believing the alleged story of contract and after conside..
Category: Procedural Law | Date: | Hits: 59
Naresh Lal Saha and other Vs. Bhupati Mohan Roy and others, 1990, 19 CLC (HCD)
.... In the result, the Rule is discharged without any order as to costs. The order of stay granted by this Court earlier stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 96.......re of a private trust and that there being too many beneficiaries including some orphanages, the issue of law without facts must not be framed and disposed of to the greater prejudice of the opposite party. Mr. Khandker has pointed out that the provision of rule 3 of Order 15 of the Code of Civil Pr..Category: Procedural Law | Date: | Hits: 62
Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....e Civil Petition which does not merit our consideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 185, 16 MLR (AD) (2011) 457. ...... of judgment of the Appellate Division. Order XXVI Rule 1 provides as under: “Subject to the law and the practice of the Court, the Court may, either of its own motion or on the application of a party to a proceeding, review its judgment or order in a Civil proceeding on grounds similar to thos..Category: Civil Law | Date: | Hits: 238
AKM Mohinus Saleh & others Vs. State, 1992, 21 CLC (HCD)
.... absolute and the accused petitioners are discharged from their bail bonds. Let the records of the case be sent down expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 386....... absolute and the accused petitioners are discharged from their bail bonds. Let the records of the case be sent down expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 386...Category: Criminal Law | Date: | Hits: 80
Abdul Muhaimin Khan & another Vs. Bashiruddin & others, 1991, 20 CLC (HCD)
.... the fact that right of pre‑emption accrues from the date of registration of the document sought to be pre‑empted and not from the date of execution or presentation for registration and that the defect of prematurely arising out of filing a case for emption before the registration of the docume...... Dev, Advocate ‑ For the Petitioners. SK Sinha, Advocate ‑ For the Opposite Parties. Civil Revision No. 5077 of 1991 (Dhaka). Judgment Badrul Islam Chowdhury J.- By this rule opposite party No.1 was directed to show cause as to why the order dated 13.8.90 passed by the Assistant Judg..Category: Property Law | Date: | Hits: 89
A. Jalil Vs. Upendra Chandra Saha & others, 1991, 20 CLC (HCD)
....titioner has been able to explain the long delay satisfactorily. The Rule is, therefore, discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 381. ...... 2. Facts relevant for disposal of the Rule are not in dispute and may be shortly stated. An application for pre‑emption under section 96 of the State Acquisition and Tenancy Act filed by opposite party No.1 in the Court of Subordinate Judge, Mymenshigh was allowed to be amended by an order dated..Category: Procedural Law | Date: | Hits: 72
Md. Abul Hossain Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....ensure that every Nikah Registrar must be satisfied that the bride/groom is major at time of solemnization of marriage. Gobinda Chandra Tagore J.-I agree. Ed. This Case is also Reported in: ......e licence of the petitioner was rightly cancelled and as such the application for issuance of the supplementary Rule is rejected. 21. One Md. Abul Hossain also filed an application for addition of party during hearing of the Rule. We also kept that application pending on the ground that his appoi..Category: Civil Law | Date: | Hits: 128
.... Artha Rin Suit No.103 of 2001 is maintained.
Let a copy of the judgment along with lower Court’s record be sent down at once.
M. Moazzam Husain J.- I agree.
This Case is also Reported in:
......n Enterprise on 16.5.1985 for supply of machineries and other materials and in the said contract Frick Company of U.S. represented by its local Agent Messers Eastern Trading Agency Ltd. was the first party and in the 2nd agreement Covington Diseal of U. S. A represented by local Agent Messers Easter..
Category: Civil Law | Date: | Hits: 217
....্রে প্রদান করেন নাই”।
The trial Court and the appellate Court both have failed to appreciate that the plaintiff cannot succeed on the basis of any lacuna or defect in the defence case. They have also failed to take into deliberation that there C.S or R.S Kh......ourt Records along with the copies of the judgment to the court below.
Communicate the order at once.
MA Hye J.-I agree
This Case is also Reported in: 63 DLR (2011) 666.
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Category: Property Law | Date: | Hits: 89
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