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Khan Matarhar and another Vs. Nirmalendu Mondal and others, 2012, 41 CLC (AD)
....of heirs of Paresh Mandal and Ganesh Mondal-the predecessors of the defendant Nos.1 to 4, but the defendant Nos.1 to 4 or their predecessors never possessed the suit lands and they never raised any claim in respect of the suit land. That Binod Mandal and Amalendu Mondal died leaving other two bro......ition is dismissed. Lawyers Involved: Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioners. Bivash Chandra Biswas, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No.923 of 2009. (From the judgment and order dated 14.01.2009 passed by th......before the appellate court below for getting an opportunity to prove their claim. Hence this leave petition is dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 92. ..Category: Property Law | Date: 18 Oct, 2012 | Hits: 4
Abdur Razzaque Chowdhury and others Vs. Artha Rin Adalat and others, 2012, 41 CLC (AD)
.....23 of 1997 (ii) orders dated 28.04.2003 and 10.11.2003 passed in Artha Rin Suit No.43 of 2003 on the ground of discovery of an “application dated 05.04.2003 filed by the respondent No.2” claiming those orders to have been passed without lawful authority and are of no legal effect. ......swami, Advocate, instructed by Syed Mahbubur Rahman, Advocate-on- Record- For the Petitioners (In both cases). None represented-For the Respondents (In both cases) Civil Petition for Leave to Appeal No. 648 of 2010. with Civil Petition No. 434 of 2011. (From th...... disposed of in case the right to possess and enjoy the property and the certificate of ownership is given under sub-sections (5) and (7) of the section. Sub-section (6) has dealt with how the excess money if fetched more than the decretal amount in selling the property in auction shall be adjusted ..Category: Civil Law | Date: 18 Oct, 2012 | Hits: 159
Mayor, Dhaka City Corporation Vs. Dhaka Metropolitan Rickshaw Samity, 2012, 41 CLC (HCD)
....orporation and others not to obstruct running rickshaws on the streets of Dhaka who were once granted licence. It further appears from the plaint of the suit (Annexure-"A") that as per claim of the opposite party that the petitioner No. 1 promised in the year of 1986 that 88 thousand ...... against the order No. 8 dated 30-1-2000 passed by the Assistant Judge, 4th Court, Dhaka in Title Suit No. 321 of 1999 rejecting an application under Order VII, rule 11 of the Code of Civil Procedure for rejection of plaint. 3. The relevant facts for disposal of the Rule, inter alia, are that t......ion North and South and (5) the Inspector General of Police immediately on their appropriate addresses. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 518. ..Category: Administrative Law, Civil Law | Date: 17 Oct, 2012 | Hits: 3
Ibrahim (Md.) Vs. Government of the Peoples Republic of Bangladesh & others, 2012, 41 CLC (HCD)
....uties and taxes treating the goods belonging to the importer within the territory of Bangladesh, thereby, Mr. Aiiff submits the imported goods fall outside the scope of any extraterritorial claim. Accordingly, it is submitted that the goods cannot be withheld from delivery on the plea of e...... to have been done without lawful authority and is of no legal effect and as to why the respondents should not be directed to release the said imported duty paid goods. 2. Brief facts, necessary for the disposal of this Rule, are as follows:— The petitioner opened a Letter of Credit ......umentality of the Customs Authority and Port Authority resultantly has no legal competency to withhold delivery under any plea. He also submits that respondent No.5 (bank) already certified that money has been transferred from the said bank to the negotiating bank (National Australia Bank Limit..Category: Admiralty Law or Maritime Law | Date: 16 Oct, 2012 | Hits: 9
Government of Bangladesh and others Vs. Mrs. Mohsina Rahman alias Joya, 2012, 41 CLC (AD)
....r Bose, Sukumar Bose, Narayan Chandrfa Bose and Satish Chandra Bose as his legal heirs to the lands of Khatian No.168 . And in order to make the title of the owners to the land free from all possible claims the legal heirs of benamdar Jaanada Bashini Ghose, Sachindra Kumar Ghose and two other execut......nt and decree dated 31.08.2005 (decree signed on 5.10.2005) passed in Title Suit No.191 of 2005 by the learned Senior Assistant Judge, Dohar Court, Dhaka dismissing the suit. 3. The relevant facts for disposal of this Rule are that the present opposite party as plaintiff, Mrs. Mohsina Rahman alia......rchasers and according to the demarcation and specification in the said map plot No.6 to the Vendor: AND WHEREAS the VENDOR while thus owning and possessing said plot No.6 being in urgent need of money sold the same to Mvi. Mofazzal Hussain by a sale deed dated 2.4.1955 followed by a registered ..Category: Property Law | Date: 15 Oct, 2012 | Hits: 191
Abdul Wadud (Md.) Vs. Heaven Homes Private Ltd and others, 2012, 41 CLC (HCD)
....No. 7) shall stand vacated. Costs will be borne by the parties. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 143 ......ent No. 1 company that the affairs and business of the company shall be managed under the control and supervision of the Managing Director; that the petitioner has been appointed as Managing Director for a period of 5(five) years from the date of incorporation, as stated in Article 32, wherein ......there is no case of oppression on the petitioner as minority shareholder. Rather it is a clear case of taking action against the petitioner for committing breach of trust and removal of company's money and the action taken for this reason should not amount to oppression against the petitioner as..Category: Company Law | Date: 14 Oct, 2012 | Hits: 5
Bangladesh and others Vs. M/S. Sanker Kumar Das, 2012, 41 CLC (AD)
..... The Roads and High Ways Division, Dhaka allocated a total amount of taka 6 crores for the total 36 sub-projects and the project of the respondent was allocated taka 10 lacs. However, the respondent claimed taka 30 lacs asserting that he had to do excess works in completing the project. The petitio...... dated 27.01.2003 issued by the petitioner No.1. The respondent obtained a work order contained in Memo No.W-4/1429 dated 12.06.2002 from the Executive Engineer (R & H), Roads Division, Gopalgonj for constructing flexible pavement over Hatbaria-Golabaria Road, 9th Angsha and 10th Angsha. As per ......r dated 06.11.2002 communicated the aforesaid resolution adopted in A.D.P. 2002-2003 meeting held on 30.09.2002 staying all the sub-projects except sub-project Nos.1-8 and also staying the payment of money. 3. Being aggrieved, the writ petitioner (respondent herein) filed the Writ Petition No...Category: Others | Date: 10 Oct, 2012 | Hits: 144
Lal Mia and another Vs. Secretary, Ministry of Land and others, 2012, 41 CLC (HCD)
....smuch as, the subsequent litigations are the offspring of the judgment and decree of the said Title Suit No.84 of 1969. Based on the judgment and decree of the said suit, the vendors of the suit land claimed their title and ownership and sold the same to the petitioners. It transpires from Annexure-............................Petitioners Vs. Secretary, Ministry of Land and others..........Respondents Judgment October 8, 2012. Result: The Rule is disposed of. Binding force of a court A decree of a competent civil court is binding upon all the authorities of the......udge, Narayanganj. Accordingly, the Rule is disposed of with the above observations and directions. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 68. ..Category: Property Law | Date: 8 Oct, 2012 | Hits: 8
Kaisor-uz-Zaman (Md.) Vs. State, 2012, 41 CLC (AD)
.... Bidhimala framed thereunder keeping in view of the observations and the findings given by this Court in the judgment. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 101. ...... Respondent No. 2. Khurshid Alum Khan, Advocate instructed by Mahmuda Begum, Advocate-on-Record—For Respondent No.3. None represented—For Respondent No.1. Criminal Petition for Leave to Appeal No.390 of 2011. (From the judgment and order dated the 14th day of July, 20......,000 from his account, he found that though the cashier (Farid uddin) of the branch on 23-1-2003 received Taka 8, 70,000 he did not enter the same in his account. Farid Uddin misappropriated the said money and thereby committed the offences under sections 406/409/420 of the Penal Code. On the basis ..Category: Anti-Corruption Laws | Date: 8 Oct, 2012 | Hits: 6
Engineer Afsaruddin Ahmed and others Vs. State and another, 2012, 41 CLC (HCD)
....the case in accordance with law. Let a copy of this judgment be communicated to the concerned Court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 1. ......ture so that the law can adequately serve the purposes and effectively deals with the offences. It should be borne in mind that the substantive justice should not be frustrated or other wise defeated for any technicality in the law.....................(37) The Code of Criminal Procedure, 1898; ......h other, issued the cheques and they are prima facie responsible for non-payment of the cheque amount in favour of the complainant. Whether the accused-petitioners were responsible for non-payment of money is a disputed question of fact, which is a matter of trial and evidence, and the same may be g..Category: Civil Law | Date: 8 Oct, 2012 | Hits: 21
Agrani Bank Vs. Anwarul Bashir Khan and others, 2012, 41 CLC (AD)
....uch sale." 2. Pursuant thereto the executing court issued a sale certificate on 4th April, 2004 enabling the judgment debtor to make the proposed sale of the mortgaged property. It was claimed that the judgment debtor entered into an agreement with Ragib Ali, the respondent No.1in Civ......judgment and order dated 7-3-2007 passed by the High Court Division in Writ Petition Nos.5590 and 5539 of 2004). Judgment SK Sinha J. - These appeals arise out of the same judgment and therefore they are disposed of by this judgment. Agrani Bank obtained a preliminary decree against w......ealed Ain to issue any sale certificate of the mortgaged property in favour of a judgment-debtor. Order XXI, rule 83(1) provided for postponement of the sale for enabling the judgment-debtor to raise money for payment of the total amount by way of mortgage or lease or private sale of the proper..Category: Civil Law | Date: 3 Oct, 2012 | Hits: 5
Orascom Telecom Bangladesh Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....ission issued under the signature of Deputy Director, Legal and Licensing Division (Respondent No.4) vide Memo No.BTRC/LL/Mobile/License Renewal (382)/2011-688 dated 17-10-2011 (Annexure 'A') claiming Spectrum Assignment Fee based on Market Competition Factor (MCF) so far it relates to alrea......f the Telecommunication Regulation Guideline and without giving the petitioner scope to defend themselves. ............ (13) Section 6 (3) of the VAT Act, 1991 specifies the time when VAT for the services becomes payable. Since no service has been provided by renewal of license no VAT is...... argues, to comply with the basic scheme of the VAT Act and VAT Rules made thereunder, BTRC law fully motioned the words 'without any deduction' in the impugned memo, which means the demanded money has to be paid as it is, and while calculating VAT to pay the same at source, the petitioner w..Category: Fiscal/Taxation Law, Information Technology Law | Date: 14 Aug, 2012 | Hits: 19
....ional Magistrate of Goalanda under Rajbari District (former Faridpur District) and the learned Magistrate vide his order dated 20.12.1980 passed the judgment & order uphelding the plaintiff's claim that he is a citizen of Bangladesh & convicted him under Section 4 of the aforesaid Act se......o the issuance of the Rule, in brief, can be stated thus, the plaintiff-respondent-petitioner instituted a Title Suit being No.455 of 1978 in the Court of learned Senior Assistant Judge, Narail Sadar for declaration that the order dated 12.04.1978 passed by the defendant-appellant-opposite party no....... at-once to the court concerned for information and necessary action.
33. Send back the Lower Court's Record immediately.
Ed.
This Case is also Reported in: 21 BLT (HCD) (2013) 3
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Category: Constitutional Law, Employment/Service Law | Date: 8 Aug, 2012 | Hits: 3
Government of Bangladesh Vs. ATM Mannan and another, 2012, 41 CLC (AD)
............Appellant Vs. ATM Mannan and another..........................Respondents Judgment August 8, 2012. Result: The appeal is allowed. The onus is on the claimant of the building to prove that the building is not an abandoned property and that the Govern.......613/58 Road No.28 (Old) Dhanmondi Residential Area, Dhaka in the 'Kha' list of the abandoned buildings published in the Bangladesh Gazette dated 23-9-1986 at page 9764 (15) at serial No.7 and prayed for direction to release the said property from the list. 3. The case of the respondents was th......nd also in the register of the City Corporation. She paid all taxes including the municipal tax. Subsequently while in peaceful possession of the property, Mrs. Farhat Hasan being in urgent need of money decided to sell the property. The writ petitioners proposed to purchase the property for a con..Category: Property Law | Date: 8 Aug, 2012 | Hits: 84
Padma Oil Company Ltd Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)
....disposed of and the order of stay passed earlier by this court is vacated. 24. However, there shall be no order as to cost. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 226 ......ication being No. 405 of 2009 and Income Tax Reference Application No. 233 of 2011 along with a Rule 198(ref) of 2001 filed by the same assessee-applicant, Padma Oil Co. Ltd. Have been taken together for hearing as both the matter involve the similar question of law and therefore disposed of by this......der the Companies Act, 1994. The assessee-applicant company is engaged in business of distribution petroleum product under the Bangladesh petroleum corporation and derives income from commission money, rate of which was time to time, fixed by the government upon distribution and marketing of pe..Category: Fiscal/Taxation Law | Date: 7 Aug, 2012 | Hits: 5
Bangladesh Biman Corporation and others Vs. Md. Zahangir Farazi and others, 2012, 41 CLC (AD)
....ate of Taka 65 per day and worked for certain period with gap from time to time and they were not made permanent as per the Service Regulation of Biman. The first parties were not transferred as claimed, but they were placed at different places as casual workers to work. The respective first pa......Petition Nos.698 of 2004, 1699 of 2004, 1700 of 2004 1695 of 2004, 1696 of 2004, 1697of 2004, 1405 of 2004, 1406 of 2004, 1407 of 2004, 1408 of 2004, 1409 of 2004 and 1410 of 2004 respectively before the High Court Division challenging the decision dated 03-3-2004 passed by the Chairman, T......d as permanent in their respective post and places where they had worked since the date of their joining in the respective post. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 116. ..Category: Labour and Industrial Law | Date: 7 Aug, 2012 | Hits: 18
Golam Rahman Vs. Registrar of Joint Stock Companies and Firms and others, 2012, 41 CLC (HCD)
....ner, so in the return of allotment dated 7-3-2010 name of the petitioner, doing business as M/s Capital Bangladesh Ltd, has shown as allottee in respect of those Taka 6, 17,000 shares. The petitioner claims that since he is the actual owner, so his name should be entered in the register of the membe......e respondent No.3, in order to secure the ownership of the petitioner in those shares, has issued 5 undated cheques in favour of the petitioner. However, since these shares were acquired through the aforesaid BO account of the petitioner, so in the return of allotment dated 7-3-2010 name of the peti......ed for the petitioner along with the learned Advocate Ms. Rashna Imam. The learned counsel, having placed the application under section 43 along with the annexures, submits that the MoU read with the money receipt dated 4-3-2012 clearly shows that the entire consideration for acquiring these 6, 17,0..Category: Company Law | Date: 6 Aug, 2012 | Hits: 8
Government of Bangladesh and others Vs. Md. Abul Kalam Azad and others, 2012, 41 CLC (AD)
.... in the revenue budget, (ix) Unless and until vacancies in the revenue budget in the LGED are created, the employees and officers of the development projects mentioned in clause (1) can not claim as of right to be absorbed in the revenue budget; (x) while considering and selecting an ...... Md. Abul Kalam Azad and others....................................Respondent Judgment August 6, 2012. Result: The petition is disposed of with the observations. Guidelines for absorption in the revenue set up (i) Whenever any vacancy in LGED is created in the r......subject to availability of vacancies according to their seniority. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 855. ..Category: Employment/Service Law | Date: 6 Aug, 2012 | Hits: 6
Government of Bangladesh and others Vs. Md. Abul Kalam Azad and others, 2012, 41 CLC (AD)
....tion in the revenue budget. (ix) Unless, and until vacancies in revenue budget in the LGED are created, the employees and officers of the development projects mentioned in clause (1) cannot claim as of right to be absorbed in the revenue budget. (x) while considering and selecting an ......ip;……......Respondents Judgment August 6, 2012. Result: The petition is disposed of with observations. On the question of absorption and guidelines for absorption in the revenue set up (i) Whenever any vacancy in LGED is created in the revenue...... subject to availability of vacancies according to their seniority. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 3. ..Category: Employment/Service Law | Date: 6 Aug, 2012 | Hits: 5
Yousuf Chowdhury (Md.) Vs. Md. Emran and another, 2012, 41 CLC (HCD)
....im interest of Taka 15,000 and on execution of an agreement, both went to Mr. MA Kalam Chowdhury, Advocate for drafting the agreement who told that without licence, there could not be any transaction claiming interest and advised to execute an agreement in the form of security which would be returne......volved: Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioner. Abdul Wadud Bhuiyan, Senior Advocate instructed by Sufia Khatun, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No.2536 of 2010. (From the judgment and order dated the 20th day of May, 2010......redecessor of the present petitioner impleading him as defendant No.1(hereinafter referred to as the defendant) on the averments, inter alia, that the defendant on receipt of Taka 1,50,000 as earnest money out of total consideration of Taka 2,00,000 executed a registered agreement on 27-9-1982 for s..Category: Civil Law | Date: 5 Aug, 2012 | Hits: 40
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