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STX Corporation Ltd. Vs. Meghna Group of Industries Limited and others, 2011, 41 CLC (HCD)
....n is in Singapore, the Act itself has no applicaÂtion and thus this Court has no jurisdiction to entertain the instant 7ka application. 5. It is the generally accepted principle in each developed legal system that the state Courts order interim and conservatory measures in support of arbitration......mitting a district Court to preserve the meaningfulness of the arbitration through a preliminary injunction. Arbitration can become a "hollow formality" if parties are able to alter irreversibly the status quo before the arbitrators are able to render a decision in the dispute. A district Court mus..Category: Alternative Dispute Resolution | Date: | Hits: 506
Mokbul Hossain Santu (Md.) Vs. Bangladesh and others, 1997, 26 CLC (HCD)
....dent No.2 to the petitioner (Annexure‑A) and the seizure of the arms of the petitioner as mentioned in Annexure‑"E" should not be declared to have been made without lawful authority and are of no legal effect. 2. The relevant facts stated in the petition, are that the petitioner was the Chair...... been made without lawful authority and are of no legal effect. 2. The relevant facts stated in the petition, are that the petitioner was the Chairman of the Zila Parishad, Pabna with the rank and status of Deputy Minister and was also a member of Parliament in third and fourth Parliament of Bang..Category: Criminal Law | Date: | Hits: 77
National Bank Ltd. Vs. Provashi International Ltd. and others, 2010, 39 CLC (HCD)
.... dated 28-10-1987 informed the plaintiff Bank that the Garlic are Bran, dry and, as such, they are in loss and they prayed for withdrawing their offer made earlier dated 5-10-1987. Plaintiff served a legal notice upon the defendant but the defendant did not take any step and thereafter plaintiff fil......der as to costs. The Judgment and decree passed by the trial Court is hereby affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 229. ..Category: Civil Law | Date: | Hits: 106
Nurul Islam Shaikha and others Vs. Shahadat Hossain & others, 2011, 40 CLC (HCD)
....next subÂmitted that the defendant Nos.5 and 6 have purÂchased the major part of the suit land inherited and sold by the two daughters of Soleman Nessa and they should not be deprived of their land legally purÂchased by virtue of the registered kabala deeds. 11. Mr. Haque, the learned Advocate......t Nos.1, 3, 5 and 6 exparte against the rest. No order as to cost. Send down the LC records along with a copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 222. ..Category: Property Law | Date: | Hits: 139
Md. Shahidul Islam Vs. Most. Anwara Begum, 2007, 36 CLC (HCD)
....pellate Court below which was also not considered. Mr. Amin has further submitÂted that having not considered the above perÂtinent aspects of the matter both the courts below have committed gross illegality which has resulted in an error in the decision occaÂsioning failure of justice and as such......aside and the Family Suit No.75 of 2004 is dismissed. 19. Send down the L.C. Records at once. Md. Abdul Wahhab Miah J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 114. ..Category: Family Law | Date: | Hits: 140
Foyez Ahmed Vs. State, 2012, 41 CLC (HCD)
....(1) and (2) of the Ain are mutually consistent, supportive and complementary. 17. In view of what have been stated above, it leaves no room for doubt that the Executive MagisÂtrate committed an illegality of the highest magniÂtude in taking cognizance of the alleged offence on 7-2-2011 and conv...... Let the records of the Mobile Court along with a copy of this Judgment be sent down at once for information and necessary guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 257. ..Category: Criminal Law | Date: | Hits: 81
Md. Mosarraf Hossain Mondol Vs. Md. Elias Hossain Mollick and others, 2007, 36 CLC (HCD)
.... in the Court of senior Assistant Judge Moheshpur, impleading the opposite parties as defendants for declaration that all proceedings of certificate case No.68370/60-61 are fraudulent, colluÂsive, illegal, void and in operative. 3. The plaintiffs case, in brief, is that the suit property was ori......Title Appeal No.253 of 1995, reversing those of dated 14.09.1995 passed by the learned Senior Assistant Judge, Mohespur, Jhenaidah in Title Suit No.155 of 1985 is hereby affirmed. 28. The order of status quo in respect of possession of the suit property granted earlier by this Court stands vacate..Category: Procedural Law | Date: | Hits: 114
State Vs. Md. Mobarak and others, 2008, 37 CLC (HCD)
.... of 1898); section 174 Inquest Report Inquest report under section 174 Cr.P.C. is an official investigation into an incident, especially an inquiring into a sudden and unexpected death. It is a legal and judicial inquiry to ascertain or decide a matter of fact to find cause of death, which is ......sions Judge. 137. Send down the L.C. records at once. 138. Send a copy of the judgment to the trial Judge at his present place. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 138. ..Category: Criminal Law | Date: | Hits: 89
.... order to challenge an order passed in Election Suit No.01 of 2009, stating that interlocutory orders passed by the Election Tribunals are not appealable, should not be declared to have been passed illegally, without lawful authority and is of no legal effect.
2. The petitioner challenging the ju......ever, without any order as to costs.
The order of stay granted at the time of issuance of the Rule is hereby recalled and vacated.
Ed.
This Case is also Reported in: 18 BLT (HCD) (2010) 289.
..
Category: Election Law | Date: | Hits: 600
Md. Joinaul Abedin Mintu Vs. Joint District Judge, 3rd Court Tangail and others, 2010, 39 CLC (HCD)
....gail in Artha Rin Suit No.9 of 2002 as renumbered as Artha Rin Suit No.1 of 2004 (Annexure-G to the Writ petition) should not be declared to have been passed without any lawful authority and is of no legal effect. 2. The relevant facts for disposal of this Rule, in short, are that the decree-hold......to have been made without lawful authority and in an unlawful manner and is of no legal effect. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 277. ..Category: Civil Law | Date: | Hits: 174
Azam Ali and another Vs. Akram Ali and others, 2010, 39 CLC (HCD)
....ant No.1 to adduce evidence will give him indulgence to fill up the lacuna. Finally, he submits that the impugned judgment and decree passed by the learned Judge of the appellate Court suffers from illegality occasioning failure of justice and calls for interference by this Court and thus the Rule s......f the impugned judgment and decree dated 29.11.2004 passed by the learned Joint District Judge, Second Court, Dhaka in Title Appeal No.528 of 2002 was stayed and the parties were directed to maintain status quo in respect of possession of the suit land for a period of 6(six) months. Both the orders ..Category: Procedural Law | Date: | Hits: 99
Md. Isahaque Ali and others Vs. State, 2007, 36 CLC (HCD)
....d simple language the exact case he has to meet and for affording him a chance to explain them if he can and so desires. Sub-section (3) of section 342 of the Code contains necÂessary support to the legal position that answers given by the accused during such examination should be considered by the...... bail by this Division, are discharged from the respective bail bond. Send down the L.C.R at once. Md. Rezaul Haque J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 93. ..Category: Criminal Law | Date: | Hits: 84
Mohin Uddin (Md.) Vs. State, 2008, 37 CLC (HCD)
.... and seizure do not support the police out of fear of the accused or of their men or on being gained over or for various other reasons and depose falsely in favor of accused to save the offender from legal of punishment. Depending on the facts and circumstances each case, a judge certainly may disbe...... and sentence is hereby upheld. Send down the original case records at once with the copy of the judgment for taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 35. ..Category: Criminal Law | Date: | Hits: 92
....esult, the Rule is made absolute without however, any order as to cost. Impugned notice dated 23-10-05 (Annexure-C) is hereby declared to have been issued without lawful authority and, as such, of no legal effect. Communicate at once.
Ed.
This Case is also Reported in:61 DLR (HCD) (2009) 734.
......05 (Annexure-C) is hereby declared to have been issued without lawful authority and, as such, of no legal effect. Communicate at once.
Ed.
This Case is also Reported in:61 DLR (HCD) (2009) 734.
..
Category: Fiscal/Taxation Law | Date: | Hits: 131
....terest and if any action of the government official is challenged, the challenger is required to prove such allegations………………………….(18)
The State property may be in the form of legal right and in the nature of privilege. The government largesse known as privileges is now regar......of the respondent No. 8 Company and this proves that the impugned approval is the result of negligence and non-application of mind on the part of the officers in not examining and not considering the status as well as the nationality of the share holders of the respondent No. 8 company. The learned ..
Category: Others | Date: | Hits: 113
BRAC vs. National Board of Revenue and another, 2008, 37 CLC (HCD)
....se its power to grant waiver, under Section 158 (2) (b) of the Ordinance as it was applicable in the assessment year 1998-99 on the omission of that power by the finance Act, 2000 was ex-facie bad, illegal and unauthorized, and therefore, void. 10. She also submitted that the right to appeal is a......gal and/or unauthorized and as such, of no legal effect. In the result, the Rule is discharged with cost. Communicate at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 245. ..Category: Fiscal/Taxation Law | Date: | Hits: 171
Md. Abul Basher Vs. The Judge, First Artha Rin Adalat, Chittagong and others, 2008, 37 CLC (HCD)
....at, 1st Court, Chittagong in Artha Rin Execution Case No.208 of 2004 as evidenced by 'Annexure-B' to the writ petition should not be declared to have been passed without lawful authority and is of no legal effect. 2. The brief fact relevant for disposal of this Rule- is that respondent No.2, Bang......to dispose of the Artha Rin Execution Case No.208 of 2004 expeditiously. Communicate the judgment to the Adalat concerned at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 208. ..Category: Civil Law | Date: | Hits: 136
Latif alias Md. Latif Miah and Rabiuzzal Hossain Vs. State, 2005, 34 CLC (HCD)
.... the basis of confessional statements but a confessional statement can not be relied upon without calling the concerned Magistrate as witness. 11. The prosecution failed to prove the case by other legal evidence to substantiate the charge against the appellants beyond reasonable doubt. We got sub...... of the Penal Code. Both the convict appellants are discharged from their bail bonds. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 410. ..Category: Criminal Law | Date: | Hits: 86
....g upon this Court, unless it is shown that there are misreading or non consideration of material evidence on record in arriving to such finding. The judgments of the Courts below are not trained with legal infirmity and perversity justifying interference by this Court. After examining the record of ......he Courts below stand maintained.
Send down the lower Court's record and a copy of the judgment and order to the Court concerned.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 405.
..
Category: Employment/Service Law | Date: | Hits: 166
Abdul Mannan Mathbar Vs. Nazmul Hoque Majumder and others, 2009, 38 CLC (HCD)
.... way plaintiff and defendants have been living there in respective portion of the suit plot. That from the very beginning the defendants were trying to enter into the suit property of the plaintiff illegally and forcibly by breaking the thatched Fencing and accordingly on 15.6.98 the defendants alon......ding of facts as such no interference is called for under Section 115(1) of the Code of Civil Procedure. 18. In the result, the Rule is discharged without any order as to cost. 19. The order of status-quo in respect of possession of the suit land granted earlier by this Court at the time of is..Category: Civil Law | Date: | Hits: 94
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