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M R Sikder Vs. Bangladesh Water Development Board, 1996, 25 CLC (HCD)
....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. ......urity and secondly, the Chairman who executed the security had no authority to furnish such a security on behalf of the Board. 7. It has been provided in section 33 of the Arbitration Act, that no application challenging the existence or validity of an award or for having its effect determined sh..Category: Alternative Dispute Resolution | Date: | Hits: 245
....‘96 under the heading ‘Khulna District’ Serial No.246, page 9764(32) is passed without lawful authority and is of no legal effect.
Ed.
This case is also Reported in: 49 DLR (HD) (1997) 108.
......, and applied to the Deputy Commissioner, Settlement, Ministry of Housing and Public Works Department, Respondent No.2, for permission to transfer the said property. The Respondent No.2 forwarded the application to respondent No. 4, the Administrative Officer, Khalishpur Housing Estate for inquiry a..
Category: Limitation Law | Date: | Hits: 175
Dr. Ahmed Sharif Vs. State and another, 1994, 23 CLC (HCD)
....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. ......sul Huda, Advocate‑For the Opposite Party No.2. Criminal Revision No. 1488 of 1993. Judgement AKM Sadeque J. - This rule at the instance of the pititioner Dr. Ahmed Sharif arises out of an application under section 561A of the Code of criminal Procedure for quashment of the CR case No.226..Category: Criminal Law | Date: | Hits: 70
Golam (Md.) Abdul Awal Sarker and others Vs. State, 1996, 25 CLC (HCD)
....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. ......rker 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, Joint stock Companies. Thereafter he filed an application with RAJUK (Rajdhani Unnayan Kartripakhaya) for approval of a project started by him for..Category: Criminal Law | Date: | Hits: 105
Mahmudul Hoque and 5 others Vs. Nowab Ali Chowdhury and 18 others, 1985, 14 CLC (HCD)
....hs from the date of receipt of the lower Court record. Let the lower Court record be sent down to the Court concerned expeditiously. Ed. This case is also Reported in: 49 DLR (HD) (1997) 92 ...... on 28‑8‑1976. Though the trial Court observed that plaintiffs paid ad valorem Court fees with a prayer for establishment of title in the judgment it does not appear from the record that any such application was filed at any time for amending the prayer of the plaint. But the learned Advocate fo..Category: Civil Law | Date: | Hits: 86
Faiz Ahmed Chowdhury Vs. Arif Ahmed, 1994, 23 CLC (HCD)
....order as to costs. The stay granted earlier by this court is hereby vacated. Communicate this order to the court concerned at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 89....... calling upon the plaintiff-opposite party to show cause as to why the judgment and order dated 19‑5‑92 passed by the Senior Assistant Judge, Sadar, Comilla in SCC Suit No.10 of 1985 rejecting an application under section 23 of the said Act should not be set aside or such other or further order ..Category: Property Law | Date: | Hits: 59
Sharifuddin (Md.) Vs. Md. Mofizuddin Sarker and others, 1994, 23 CLC (HCD)
....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. ......of the entire amount claimed and applied on 19-11-1991 for waiving 100% of the penal interest and 30% of the general interest and to allow 3 equal installments for liquidation of the interest. On his application the Board of Directors of the Sonali Bank allowed the prayer with a direction to repay t..Category: Election Law | Date: | Hits: 148
....on is without lawful authority and the detenu is being held in unlawful custody. It is directed that the detenu be released forthwith.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 145.
......hat of personal liberty, cannot be allowed to be dealt with in a casual or careless manner, and if it is so done, the Court will be justified in interfering with such order, which betrays the lack of application of mind of the detaining authority. In this view of the matter, we find that the case of..
Category: Criminal Law | Date: | Hits: 103
.... and claimed additional expenses in terms of the contract. At the intervention of the Deputy Chief Martial Law Administrator-in-charge, an agreement was reached for the termination of the contract. A fresh agreement was drawn up on 3-2-76 providing that Respondent 1 is to submit all statements of ex......ing a sum of Tk. 50 lacs, claimed as compensation or damages for the loss suffered by it because of the unlawful acts of Appellants.
On being served with notice of the suit the Appellants filed an application under section 34 of the Arbitration Act praying for the stay of the suit invoking the ar..
Category: Alternative Dispute Resolution | Date: | Hits: 161
Abu Taleb Vs. State, 1988, 17 CLC (HCD)
....e set at liberty forthwith, if not wanted in connection with any other case. Let the lower Court records be sent down immeÂdiately. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 239....... in the police custody for three days prior to his production before the Magistrate when the confession was recorded and since the conÂfession was retracted soon after it was recorded allegÂing the application of force, duress and coercion on the part of the police in obtaining the confession, it ..Category: Criminal Law | Date: | Hits: 84
Sirin Begum Vs. District Magistrate & another, 1989, 18 CLC (HCD)
....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. ...... quarter), Police Station & District Lalmonirhat..............Petitioners Vs. District Magistrate & another................Respondents Judgment February 7, 1989. Result: The application is allowed. Cases Referred to- Abdul Latif Mirza, 31 DLR (AD) 1; Iftekhar Ahmed ..Category: Criminal Law | Date: | Hits: 66
Abdul Jalil Khondaker & others Vs. Mohd. Mokan & others, 1988, 17 CLC (HCD)
....ght while disposing of the suit. Proper points were not formulated and disposed of. In view of these, the decision of the appellate Court cannot be sustained and the suit should go back on remand for fresh decision on the evidence on record. Mr. Dewan A.M.S. Zaman the learned Advocate for the appell......nd to the appellate Court for fresh decision in the light of observation made in the body of the judgment and in accordance with law. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 228. ..Category: Property Law | Date: | Hits: 58
Tajidullah & others Vs. Sona Miah & others, 1986, 15 CLC (HCD)
..... But as there is a concurrent finding of both the Courts on the factum of possession and the Courts did not consider the real issue in the suit. I think it proper to send back the case on remand for fresh decision according to law and in the light of observation made above. In view of the above, th......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
Sultan Ahmed Vs. Golam Mostafa alias Dulal and others, 1987, 16 CLC (HCD)
.... were released in accordance with section 339C of the Code of the Criminal Procedure for lapse of time. The order of release was set aside by a Division Bench of this Court with direction to proceed afresh with the G.R. Case No.89 of 1985. This fact shows that the apprehension of the comÂplainant p...... did not even care to reject the petition with reasons. On the other hand it is pointed out the learned Magistrate granted time to the opposite parties on 16.6.85, though the opposite parties made no application or Tadbir for their absence, stating reasons for their absence. 5. Again it has been ..Category: Criminal Law | Date: | Hits: 70
Md. Abdu Mia Vs. The Election Commission & others, 1988, 17 CLC (HCD)
....ing upon the Respondents to show cause as to why Memo No.2780, Public notice dated 2.4.88, issued by the Respondent No.2 in concurrence with the Respondent No.1, namely Annexure 'C purporting to hold fresh poll on 10.4.88 at Mohanpur Primary School Polling staÂtion, only for the office of the membe......rdingly, the Rule is discharged without, howevÂer, 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)
....se notices on 20.8.85 and 8.12.85, but the last show cause notice dated 29.4.86 (Annexure E) does not appear to be a repetition of the old allegations in Annexures A and C. Annexure E is based upon a fresh enquiry conducted by a Deputy Registrar of CoÂoperative Societies and as many as 18 allegatio...... 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
AKM Ruhul Amin Vs. Al-haj Abdul Latif & others, 1986, 15 CLC (HCD)
....cate for the petitioner lastly submitted that the learned District Judge was wrong in holding that the amendment of the election-petition was barred by limitation. According to him without making any fresh allegation, simply a relief was added to the election petition as an alternate prayer to decla......d in 1981 BLD 298 submitted that in the instant case no prayer was made in the original election petiÂtion for declaring the petitioner as the successful canÂdidate. It is submitted by him that the application for amendment was filed on 28.4.84 about two months after the filing of the original ele..Category: Election Law | Date: | Hits: 163
....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.
......but made out a case that he was entitled to a total claim of Tk. 84,483/-. He, therefore, claimed a further sum of Tk. 58,382.67 from the accused-petitioners, which having not been paid, he filed the application under section 26.
4. The accused-petitioners contested the case by filing a written s..
Category: Labour and Industrial Law | Date: | Hits: 192
Mostofa Kamal Vs. B. D. Habibullah & others, 1988, 17 CLC (HCD)
....site party-plaintiff B.D. Habibullah inÂstituted the above mentioned suit on 5.4.88 praying for a declaration that the order 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 Dist......traditional right not inÂtroduced by any statute. The facts of the said case reÂsorted in 27 DLR (AD) 138 relied upon by Mr. M. A. Sobhan are therefore quite distinguishable and the decision has no application to the instant case. 14. It appears that before the learned Assistant Judge the Privy..Category: Election Law | Date: | Hits: 207
....
12. Mr. Sharif next submits that the list of buildings as published in Annexure E was revised during the pendency of this writ petition and a new list under section 5(1) (a) of the Ordinance by a fresh notification was published in the Bangladesh Gazette Extra-Ordinary on 23.9.86. The petitioner......ts of the owner were not known and the owner ceased to manage, suÂpervise and control the said house in person. Hence the Government rightly took over the said property as abandoned property. On the application dated 22.8.72 of one Waheed Kamal proprietor of Rup-Rekha an enquiry was made concerning..
Category: Property Law | Date: | Hits: 171
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