Search Options
Judgment Advanced Search
Displaying 181-200 of 2021 results.
Ramesh Chandra Adhikari Vs. Bulbuli, 2011, 40 CLC (AD)
....ture the plaintiff-respondent both physically and mentally as a result of which the plaintiff lodged complaint before the superintendent of police who on 15-3-1998 compromised the matter by a written agreement and again the defendant demanded dowry on 21-1-2000 and drove away the plaintiff from the ...... problems. In many cases the alleged husband does not recognize marriage or deny the existence of marriage with the female partner and the female partner also faces difficulty in respect of her right to inheritance and the issues of the marriage are also sometime disowned by the male partner to be t......find any merit in the leave petition. Accordingly, the leave petition is dismissed with cost of Taka 5,000 (five thousand). Ed. This Case is also Reported in: 66 DLR (AD) (2014) 104. ..Category: Family Law, Hindu Law | Date: 6 Jan, 2011 | Hits: 15
....he loan is repayable in sixteen equal half-yearly installments commencing from two years after disbursement of the first installment which was disbursed on 30-12-1980. To that effect a loan agreement was entered into on 6-6-1980 between the respondent No.1. She Shipping Lines Limited ......gstha Order (PO 128 of 1972); Article 33(1)(d)
The High Court Division concurred with the decision of the trial court excepting that the awarding of interest of Taka 33 lakh for the period prior to the institution of the suit was not interest, but compensation in the form of interest. Interest ......rther compensation calculated at the rate of bank interest prevalent at the time of the institution of the suit.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 66.
..
Category: Business or Commercial Law, Labour and Industrial Law | Date: 13 Dec, 2010 | Hits: 10
Mahfuzur Rahman and another Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
.... to life, according to Mr. Md. Ashad Ullah, the petitioners should not be deprived of this fundamental right at this stage as guaranteed by Part-Ill of our Constitution. 45. We are in respectful agreement with the above 'ratio' of the Indian Supreme Court that the right to education is ......December 9, 2010 Result: The Rule is discharged. Applicability of the principle of 'locus penitentiae' under Section 21 of the General Clauses Act- The authority competent to make an order has the power to undo the same; but the order cannot be withdrawn or rescinded once...... Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 171 ..Category: Administrative Law | Date: 9 Dec, 2010 | Hits: 2
Monir Hossain Md. (Moni) and another Vs. Md. Yousuf and others, 2010, 39 CLC (AD)
....y of possession. Prior to their purchase, the defendants were tenants in respect of the suit premises, a shop room, at a monthly rent of Taka 200 payable according to Gregorian Calendar under an agreement dated 26-2-1987; that following the purchase of the plaintiffs Janab Hafez Tamizuddin, con......s Vs. Md. Yousuf and others..............................................Respondents Judgment December 8, 2010. Result: The appeal is allowed. Cases Referred to- Shamsuddin Ahmed Vs. Mohd Hassan, 31 DLR (AD) 155. Lawyers Involved: Nur Hossain ......ned Subordinate Judge, 1st Court and Judge of the Small Causes Court, Faridpur in SCC Suit No.6 of 1996 is hereby restored. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 100. ..Category: Property Law, Tenancy Law | Date: 8 Dec, 2010 | Hits: 12
Redwan Ahmed Vs. Bangladesh, 2010, 39 CLC (HCD)
....." 17. We do not think that there needs any further deliberation on the point of sanction as the same has been set at rest by this Division and the Appellate Division by now. We are also in agreement that the sanction as contemplated under section 32 of the Act is indeed an administrative ......inal Jurisdiction) Present: Md. Ashfaqul Islam J SM Emdadul Hoque J Redwan Ahmed................Petitioner Vs. Bangladesh..............Respondents Judgment October 25, 2010. Result: The Rule is discharged. Cases Referred to- Md. Nazimuddi......il already granted to him by this Division. The order of stay granted earlier by this Court is hereby vacated and recalled. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 70. ..Category: Anti-Corruption Laws | Date: 25 Oct, 2010 | Hits: 211
Deen Mohammad Vs. Bangladesh Bank and others, 2010, 39 CLC (HCD)
....been seized by operation of law. Now, without payment of the entire loan amount as required under section 17(6) of the Act the petitioner has simply made his loan rescheduled and entered into a fresh agreement for repayment which would not go to abjure the liability of payment of the outstanding loa...... Syed Abu Kowser Md. Dabirushshan J Deen Mohammad………………...................Petitioner Vs. Bangladesh Bank and others………………….Respondents Judgment October 12, 2010. Result: The Rule is discharged. Cases Referred to- Md. Yaqub Vs.......ereby vacated. Let a copy of the Judgment be sent to the concerned authority at once for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 506. ..Category: Banking Law | Date: 12 Oct, 2010 | Hits: 423
Orascom Telecom Bangladesh Limited Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....ction and operation of a mobile company is to establish networking for telecommunication services for by use of mobile handsets fitted with activated and operational SIM. Accordingly under a separate agreement between the petitioner and Ring Distribution, Ring Distribution renders the following serv......ellip;………Petitioner Vs. National Board of Revenue, represented by its Chairman, Segunbagicha, Dhaka and others..........................Respondents Judgment October 7, 2010. Result: The Rule is discharged. Case Referred to- Messers Chemico......ata, packaging and promotional materials and made them suitable to provide telecom services and sale. The products were then sent to the sale and customer centers or distributors of the petitioner to sell to the subscribers. 3. The respondent No.3 Commissioner, Customs, Excise and VAT, Dhaka (N..Category: Fiscal/Taxation Law | Date: 7 Oct, 2010 | Hits: 174
Ain O Salish Kendra Vs. Bangladesh, 2010, 39 CLC (HCD)
....c interest so requires, by notification in the official Gazette, shall suspend the provision of sub-section (2) for such period as may be specified in the notification. 35. Prohibition of certain agreement in respect of children.- Subject to the provisions of this Chapter, no person being the pa...... ...... (2011) HCD 36, 8LG (2011) HCD 1. ..Category: Women and Children | Date: 5 Sep, 2010 | Hits: 261
....master and servants either; they will be governed by the rules and regulations of
their Corporations in respect of the conditions of service and in the absence of such service
rules or of any agreement of employment their termination of service shall be
governed by the principles of which r......ion
(Special Original Jurisdiction)
Present:
Zubayer Rahman Chowdhury J
Farah Mahbub J
S.M.
Saiful Hasan……………….....................Petitioner
Vs.
Director
General, Bangladesh Sugarcane Research Institute and others…......Respondents
Judgment
......here will be no
order as to costs. The order of stay granted earlier by this court stands
vacated.
Zubayer Rahman Chowdhury J. - I agree.
Ed.
This Case is also
Reported in:
..
Category: Employment/Service Law | Date: 18 Jul, 2010 | Hits: 5
Sonali Bank Vs. Sheikh Anis Uddin Ahmed, 2010, 39 CLC (HCD)
....d. Consequently Appeal from Original Decree No.841 of 1991 is dismissed. No costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 188. ......ioner Vs. Sheikh Anis Uddin Ahmed………………………Opposite Party Judgment July 15, 2010. Result: The rule is discharged. When the reason for causing delay is unsatisfactory and not covered by any hypothetication and the conduct of the filing lawyer is not reasonable a...... of the promise in respect of which the goods were pledged, the pawnee may bring a suit against the pawnor upon the debt of promise, and retain the goods pledged as a collateral security, or he may sell the thing pleaded on giving the pawnor reasonable notice of the sale. No liability can be f..Category: Civil Law | Date: 15 Jul, 2010 | Hits: 49
Commissioner of Customs and others Vs. M/S. Sunlit Fashion Limited, 2010, 39 CLC (AD)
.... order dated 2.11,2002 passed by the High Court Division is set aside. The appeal is allowed without any order as to cost. This Case is also Reported in: 16 MLR (AD) (2011) 54, VIII ADC (2011) 29. ......(2011) 54, VIII ADC (2011) 29. ......e respondent that there being some minor discrepancies in the export documents they would accept the same only at a discount price of US$ 96,500.00. The respondent by letter dated 20.7.2000 agreed to sell the goods at the above discounted price and requested Forbes to send the sale proceeds immediat..Category: Fiscal/Taxation Law | Date: 19 May, 2010 | Hits: 63
Roshanally Mohamed Harji and another Vs. AKM Zakir Hossain and another, 2010, 39 CLC (HCD)
....pondents Judgment May 12, 2010. Result: The appeal is allowed. In a suit for specific performance of a contract, the prime consideration is the bainapatra i.e. the agreement itself. If it is found that the bainapatra is executable then next, a decree must be awar......hat the bainapatra is executable then next, a decree must be awarded for execution and registration of the same. If there be any ambiguity in executing the same, the Court then lifts its hands off to pass a decree. A contract is specifically enforceable when it is a concluded contract, it contai......ectively. In the plaint it has been stated that defendant No.1 being the ostensible owner of the land in suit, with the consent of his above named son, daughters and wife entered into an agreement to sell the land in suit on 21-11-1996 with the plaintiff at a consideration of Taka 90,00,000 (ninety ..Category: Property Law | Date: 12 May, 2010 | Hits: 133
Bangladesh Vs. Raj Rajashore Cakra Narayan Jiue Deity and others, 2010, 39 CLC (HCD)
....er Class Suit No.398 of 1981 is hereby affirmed. Send down the lower Court records at once. Shahidul Islam J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 340. ......ellip;……………Respondents Judgment May 10, 2010. Result: The appeal is dismissed. Lawyers Involved: Md. Akram Hossain Chowdhury, Deputy Attorney General - For the Appellant. First Appeal No.117 of 1990. Judgment Md. R...... of the learned Deputy Attorney General. 14. On perusal of the evidence on record it appears that the plaintiff as P.W.1 in his deposition stated that in the year 1957 the suit land was tried to sell in auction behind the back of the plaintiff and the plaintiff filed an objection vide Case No.1..Category: Evidence Law | Date: 10 May, 2010 | Hits: 161
.... to be impleaded in the suit as defendant.
9. In the case of Md. Nurul Abser Miah Vs. Kiron
Shankar Nandy and others reported in 41 DLR 148. It has been
held that:
"Being in respectful agreement
with the view expressed by his Lordship I am of the opinion that although in a
suit for ......le is made absolute.
The Code of Civil Procedure, 1908 (V of 1908); Order I Rule 10(2)
Addition of party
In exceptional facts and
circumstance, if the presence of a stranger to the contract is necessary for
effective and complete adjudication of the issues and to avoid mul......ndant Nos.1-3 Md. Nurul Haque
Sheikh is added as defendant No.5 in the suit.
Let a copy of this Judgment be sent
down at once.
This Case is also Reported in: 17 MLR (HCD) (2012) 409. ..
Category: Procedural Law | Date: 9 May, 2010 | Hits: 4
Abu Borhan Khan Khokon Vs. The State & another, 2010, 39 CLC (HCD)
....ank unpaid, either because of the amount of money standing to the credit of that account is insufficient to honour the cheque or that it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall, w......…………Petitioner Vs. The State & another………………………Opposite parties Judgment April 25, 2010. Result: The Rule is discharged. Case Referred to- Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan, 60 DLR (AD) 195, Ali Akkas Vs. Enayet Hossain a...... The order of stay granted earlier shall stands vacated. Send a copy of this judgment to the Court concerned for compliance. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 300...Category: Banking Law | Date: 25 Apr, 2010 | Hits: 177
Md. Osman Gani alias Faruq Mia Vs. Deputy Commissioner and others, 2010, 39 CLC (HCD)
....t the correct exposition of law and facts. However, I have gone through the decisions reported in 10 BLC (AD) 153, 2 BLC (AD) 96, 10 BLD (AD) 44, 22 DLR (WP) 99 as referred by him. I am in respectful agreement with the principles enunciated therein but the facts leading to those cases are quite dist......le is discharged. The Code of Civil Procedure, 1908 (Act No. V of 1908); Order IX rule 13 In an application under Order IX rule 13 of the Code two questions are primarily to be answered: (a) Whether summons were duly served on the defendant, and (b) Whether the defenda....... Office is directed to communicate the order at once. Syed Md. Ziaul Karim J.- I Agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 179; 18 BLT (HCD) (2010) 311 . ..Category: Procedural Law | Date: 6 Apr, 2010 | Hits: 111
Md. Tofazzel Hossain and others Vs. People's Republic of Bangladesh, 2010, 39 CLC (HCD)
....ve been amicably settled on 23.08.2003 along with other suits as the guarantor of loans, Mr. Rustom Ali, has taken over the entire liability and paid the entire principal amount under a settlement agreement dated 23.08.2003 waiving the interest of the loan and the learned Artha Rin Adalat No.1 C......the Respondent No.2. Abdur Razzak - For the Respondent No.5 and 6. Writ Petition No.1449 of 2002. Judgment Md. Abu Tariq J.- This Rule nisi was issued calling upon the Respondents to show cause as to why they should not be directed to exempt the petitioners from CIB report of t......f this Judgment and order. Ad interim direction granted earlier at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 235. ..Category: Civil Law | Date: 16 Mar, 2010 | Hits: 7
Abdur Rouf Chowdhury (Md.) Vs. Mirza Shahabuddin Ispahani and others, 2010, 39 CLC (HCD)
....e learned Joint District Judge, 1st Court, Dhaka decreeing Title Suit No.23 of 1995. 2. Respondent as plaintiff, instituted the aforesaid suit, for a decree, amongst other, declaring the deed of agreement dated 15-6-1993 in between the plaintiff and defendant No.1-3 being deed No.6944 for the y..............Respondents Judgment March 10, 2010. Result: The appeal is dismissed. Amendment of Pleadings In exercising this power the Supreme Court would be reluctant to allow an amendment which would have the effect of totally altering the nature of the suit or of t....... 44. In the result, the appeal is dismissed. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 323. ..Category: Procedural Law | Date: 10 Mar, 2010 | Hits: 13
Sheikh Hasina Wazed Vs. Government of Bangladesh, 2010, 39 CLC (HCD)
....r the accused is not absconding of Mr. Taposh proffered that it is quite evident that the Court below framed the charge mechanically, which is, obviously proscribed by law. He also submitted that the agreement which eventually led to the purchase of the MIG-29 fighters concerned, was based on a bila......dhury Advocates - For the Petitioner. Mr. M. A. Aziz Khan, Advocate - For the Respondent No. 4. Writ Petition No.7250 of 2008. Judgment A.H.M. Shamsuddin Choudhury J.- With a view to impugn charges framed by the learned Divisional Special Judge, Dhaka, under Section 242 of the Co......squo;s entirety, but so far as the same relates to the Petitioner only. There will, however, be no order as to costs. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: 9 Mar, 2010 | Hits: 228
Sheikh Hasina Vs. Bangladesh & others, 2010, 39 CLC (HCD)
.... to carry on the Chair’s desire, could not be treated as the functionaries of the Commission. The impugned decision was, therefore, completely without lawful authority. We are also in wholesome agreement with the learned advocates’ submission that since the impugned decision was without ......wn Court ex p Hutchinson, 1988 QB 384; R Vs. Devizes Justices ex p Lee; DPP Vs. Head, 1959 AC 83; R Vs. Smith, 1984 Cr. L. R. 630; R Vs. Oxford Crown Court ex p Smith, 1989 2 Admin Law Report; Boddington Vs. British Transport Police; R Vs. Chief Constable of Merseyside ex p Calveley, 1986 Q.B. 424; ......ption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 102
87299047940187287806729058395265855284724511781078968600579879028641881775578294