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....t is to be stayed within the meaning of the section. Section 34 of the Arbitration Act may be set out:
“Where any party to an arbitration agreement or any person claiming under him commences any legal proceedings against any other party to the agreement or any person claiming under him in respe...... stay. This is also a good ground for not granting stay of the suit.
For the foregoing reasons this appeal is dismissed with costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 138.
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Category: Alternative Dispute Resolution | Date: | Hits: 161
Abu Taleb Vs. State, 1988, 17 CLC (HCD)
....of the occurrence indicates that the confession alleged to have been made by the accused appellant was neither true nor voluntary. The learned Assistant Sessions Judge has completely overlooked these legal aspects of the matter. He gave no consideration and made no ascertainment as to the voluntarin......e set at liberty forthwith, if not wanted in connection with any other case. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 239...Category: Criminal Law | Date: | Hits: 84
Sirin Begum Vs. District Magistrate & another, 1989, 18 CLC (HCD)
....overnment extended the period of detention of the detenu for 2(two) months with effect from 23.7.87 though the validity of the previous order of detention expired on 20.7.87 and thus the detenu was illegally detained for 2(two) days without any order. Thereafter presumably on the report of the Distr......arter), P.S. and District Lalmonirhat be set at liberty from Jail custody forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 235. ..Category: Criminal Law | Date: | Hits: 66
Abdul Jalil Khondaker & others Vs. Mohd. Mokan & others, 1988, 17 CLC (HCD)
.... acquired an indefeasible right of easement of custom in the user of the suit water reservoir since the time of their predecessors over hundred years ago which is continuous, public, uninterrupted, legal, reasonable and as of right and without permission and without let or hindrance from any quart......he cattle are also uncertain. A custom obtains in a particular district or locality and the customary right to be certain should be confined to the inhabitants of the district. Thus the plaintiffs' status in the suit is rather uncertain and this aspect of the case has also been missed by both the ..Category: Property Law | Date: | Hits: 58
Tajidullah & others Vs. Sona Miah & others, 1986, 15 CLC (HCD)
....hildar fabricated the Certificate Case and fraudulently, managed to auction purchase the same by suppressing all process at a very low price. The auction is therefore fraudulent, in-operative and illegal and plaintiff cannot gel any relief. 6. Defendant Nos.3 and 7 also filed a similar writte......ill be at liberty to amend the pleadings and adduce fresh evidence, if so desire. There will be no order as lo costs of this appeal. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 223...Category: Property Law | Date: | Hits: 66
Md. Abdu Mia Vs. The Election Commission & others, 1988, 17 CLC (HCD)
....ting to hold fresh poll on 10.4.88 at Mohanpur Primary School Polling station, only for the office of the members, should not be declared to have been issued without lawful authority and is of no legal effect and that a direction should not be given to the Respondent Nos.1 and 2 to hold fresh po......rdingly, the Rule is discharged without, however, any order as to cost. The Slay order passed on 12.7.88 hereby stands vacated. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 215. ..Category: Election Law | Date: | Hits: 161
Jn. Md. Saleh Ahmed Khan Vs. Government of Bangladesh & others, 1989, 18 CLC (HCD)
.... impugned order being Memo. No. Sec. 1/18-56/86/303(5) dated 5.6.86 (Annexure G) issued by the respondent No.1 shall not be declared to have been made without any lawful authority and to be of no legal effect. 2. The petitioner with others formed a cooperative society under the name and sty...... without jurisdiction and without lawful authority. In the result, the Rule Nisi is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 210...Category: Civil Law | Date: | Hits: 87
.... by the respondent No.1, the Chairman, First Labour Court, Dhaka in Criminal Case No. 24 of 1983 (Annexure C) should not be declared to have been made without any lawful authority and to be of no legal effect.
2. The respondent No. 2 as first party instituted Complaint Case No. 43 of 1982 in ......pugned order is, therefore, without jurisdiction.
In the result, the Rule Nisi is made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 203.
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Category: Labour and Industrial Law | Date: | Hits: 192
Mostofa Kamal Vs. B. D. Habibullah & others, 1988, 17 CLC (HCD)
....der dated 1.4.88 of the Election Commission dispensing with the necessity for fresh poll at Joygunnessa High School Centre of Ward No.1 of Muradia Union Parishad Upazila and District Patuakhali was illegal and void and also for another peculiar declaration to the effect that appointment of one and......has even no part to play in relation to the rights created by the special law. Outside the special law there is no right to dispute an election. As such he does not possess any legal character or status to challenge the action or decision of the electing authority. In this view of the matter it ..Category: Election Law | Date: | Hits: 207
....E) so far as it relates to the petitioner's house at serial No. 41 under the heading "Motijheel Commercial Area" shall not be declared to have been passed without any lawful authority and to be of no legal effect.
2. The petitioner staled that she purchased the land measuring .70 acres with a two......tioner may avail of any other alternative remedy as advised.
The Rule is, therefore, discharged but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 193.
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Category: Property Law | Date: | Hits: 171
Shahabuddin Ahmed Vs. Upazila Election Officer, Bakerganj & others, 1988, 17 CLC (HCD)
....hedule 'Ka’ to the plaint stating that the Polls of all the Centres in connection with election to the post of Chairman of number 8, Nalua Union Parishad were adjourned was fraudulent, collusive, illegal and void and also for mandatory injunction. 3. Some of the defendants appeared in the suit ......tion thereof, to dispose of the defendant's prayer for rejection of the plaint. Let the lower Court record be sent down forthwith. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 188. ..Category: Election Law | Date: | Hits: 152
AY Masihuzzaman Vs. Shah Alam & others, 1989, 18 CLC (HCD)
....te party No.1 and others being Case No. 454A-1/80 on 23.6.80. Learned Chief Metropolitan Magistrate did not admit the petition nor examined the petitioner, it is alleged, as "required under law but illegally called for the records of the case filed by the caretaker under section 107 of the Code of C......it need be decided at an early date. Send down the records at once to the learned Court of Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 180. ..Category: Criminal Law | Date: | Hits: 77
Abdul Majid Molla Vs. The Election Commission, Dhaka & others, 1989, 18 CLC (HCD)
....a re-poll at Chouhat Primary School centre, in addition to the list furnished by the District Election Officer, Dhaka, shall not be declared to have been made without lawful authority and to be of no legal effect and why the said respondent No.1 shall not be directed to cancel, rescind or withdraw t......t any order as to costs. This judgment, however, will not prejudice the rights and remedies of the respondents in any other forum. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 178. ..Category: Election Law | Date: | Hits: 167
Government of Bangladesh Vs. Mini Begum and others, 2010, 39 CLC (AD)
.... transferred to the revenue set up is no a ground to regularise other employees and since the project has expired there was no financial support to pay their wages and thus, the petitioners have no legal obligation to absorb the respondents. II. For that the respondents were appointed on purely......ment within 1(one) week from the date of filing concise statement by the appellants. The appeal is fixed for hearing on 7th March, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 1008. ..Category: Employment/Service Law | Date: | Hits: 133
Siddiqur Rahman and others Vs. Abdul Jalil Meah and others, 2009, 38 CLC (AD)
....are the paper-books out of Court in accordance with Rules. The parties are directed to maintain status quo till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 1002.......urity of Tk. 1000/- is to be deposited within one month. The petitioners are permitted to prepare the paper-books out of Court in accordance with Rules. The parties are directed to maintain status quo till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 1002..Category: Property Law | Date: | Hits: 49
Mosammat Rahima Khatun and others Vs. Emran Ali and others, 2009, 38 CLC (AD)
....he judgment of the Appellate Court was not a proper judgment of reversal which was not addressed to by the High Court Division. Besides, he submits that the learned Judge of the High Court Division illegally held that the cause of action of the suit was not proved although threatening and attempting......hat the cause of action of the suit was not proved. Security of Tk.1000/- is to be deposited within one month. The preparation of paper book is dispensed with as prayed for. The order of status quo granted earlier shall continue till disposal of the appeal. Ed. This Case is also..Category: Property Law | Date: | Hits: 51
Ministry of Communication and others Vs. Md. Ferozur Rahman & ors, 1991, 20, CLC (HCD)
....sh Railway (defendant No.3) cancelling the plaintiffs licence agreement dated 26.6.1988 for catering services to the 1st. Class and Air‑condition Class passengers of Dhaka‑Chittagong Railway is illegal, without jurisdiction and inoperative and for an injunction restraining the defendants from in......such and the catering job had been carried on by respondent No.11, namely Ms. Tip Top Caterer Ltd., and this temporary injunction as ordered by the Court below cannot have the effect of restoring the status quo ante if it is not in the nature of a mandatory injunction. That mandatory injunction agai..Category: Civil Law | Date: | Hits: 72
Kabir and others Vs. State, 1991, 20 CLC (HCD)
....Report, the charge, the evidences, the impugned judgment and also other materials on record, firstly, submits that it is in fact a case of no evidence against the appellants and they have been most illegally and improperly convicted and sentenced. He does not dispute the commission of the dacoity as...... against them. They may be set at liberty at once if not wanted in connection with any other case. Send down the records immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 755. ..Category: Criminal Law | Date: | Hits: 76
Al-haj Abdul Aziz Vs. Kalipada Das & others, 1988, 17 CLC (HCD)
....chari Haripada Das. The case was contested by the plaintiff by filing a written objection denying the allegation of non-service of the process. In course of the proceeding Hara Mohan Das died and his legal heirs were brought on record. 3. Including the parties 2 P.Ws. and 2 O.P.Ws. have been exam......sis of such a decision calls for no interference in revision. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 170. ..Category: Procedural Law | Date: | Hits: 65
Shahabuddin Ahmed Vs. Upazila Education Officer, Bakerganj & others, 1988, 17 CLC (HCD)
....hedule 'Ka’ to the plaint stating that the Polls of all the Centres in connection with election to the post of Chairman of number 8, Nalua Union Parishad were adjourned was fraudulent, collusive, illegal and void and also for mandatory injunction. 3. Some of the defendants appeared in the suit ......ion thereof, to dispose of the defendant's prayer for rejection of the plaint. Let the lower court record be sent down forth with. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 168. ..Category: Election Law | Date: | Hits: 206
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