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Maisha Corporation (Pvt.) Ltd Vs. Bangabandhu Sheikh Mujib Medical University (BSMMU) and others, 2012, 41 CLC (HCD)

....f running the Laundry System, one shift per day for 6 hours and 5 days a week as per international standard. 6. The Washing Plant arrived at the pre­mises of the BSMMU on 3-4-2007, and after holding the inspection and tests by the Sub-Committee and BUET experts and their 2 reports dated 9-1......ppellant Maisha Corporation (Pvt) Ltd and the respondent Bangabandhu Sheikh Mujib Medical University (herein after will be called claimant-company and BSMMU respectively) was started out of a dispute over the supply, acceptance, installation and commissioning of a Hospital Grade Laundry System (Wash..

Category: Arbitration Law | Date: 10 May, 2012 | Hits: 16

Kali Mohan Das Vs. Mossammat Firoza Begum and others, 2012, 41 CLC (AD)

....r pre-emption under section 96 of the State Acquisition and Tenancy Act before the learned Senior Assistant Judge, Companygonj, Noakhali stating, inter alia, that he is a co-sharer tenant to the case holding by way of inheritance and purchase. Because of misunderstanding, the seller-respondent No.3,......nce by this Division. He also submits that the learned Judge of the High Court Division sitting in revisional jurisdiction acted ille­gally and beyond jurisdiction by sitting as a Court of appeal over the judgment of the Court of appeal, final Court of fact and thus the impugned judgment is not ..

Category: Property Law | Date: 10 May, 2012 | Hits: 7

Professor Muhammad Yunus and another Vs. Bangladesh, 2012, 41 CLC (AD)

....er decision of the Board with­out approval of the Bangladesh Bank in accordance with section 14(1) of the Ordinance, that his continuation in such office was not legal and that he was not legally holding the office of Managing Director. On 2nd March, 2011 the Bangladesh Bank intimated the Chairm...... (In both the cases) Judgment May 5, 2012. Result: The writ petition is dismissed. Cases Referred to- General Medical Council Vs. Spackman (1943) AC 644-645; Kanda Vs. Government of Malaya (1962) AC Privy Council, 322,337; Bibi Quamrunnessa Vs. Bandar Building Co. Ltd...

Category: Banking Law | Date: 5 May, 2012 | Hits: 220

Rajuk Karmachari Bahumukhi Samabaya Samity and another Vs. M/s Al-Razib Traders, 2012, 41 CLC, (HCD)

....ion case as per provision of Arbitration Act, 2001. Special law prevails over general law Arbitration act is a special law for adjudication of the dispute between the parties who agreed for holding of arbitration as such it shall prevail over general law. No civil revision against arb......le to the High Court Division No appeal or revision lies against an order passed by the District Judge in an arbitration case as per provision of Arbitration Act, 2001. Special law prevails over general law Arbitration act is a special law for adjudication of the dispute between the p..

Category: Arbitration Law | Date: 3 May, 2012 | Hits: 18

Sarwar Kamal Vs. State, 2012, 31 CLC (HCD)

....f remission of sentence of the petitioner by the President the learned Assistant Sessions Judge by its order dated 30-6-1997 had issued warrant of arrest and conviction warrant against the petitioner holding that he (petitioner) did not surrender after the disposal of the appeal to serve out the rem......ourt.………………….(34 & 38) The Court cannot direct the President how he is to exercise the power under Article 49 of the Constitution. Similarly, the Court also can not direct the Government how they exercise the power under section 401 of the Code of Criminal Procedure. But the a..

Category: Criminal Law | Date: 25 Apr, 2012 | Hits: 98

Government of Bangladesh and oth­ers Vs. Md. Badal and another, 2012, 41 CLC (AD)

....l to the following effect: "Mr. AF Hassan Ariff, learned Attorney-General representing the Government of Bangladesh and others submits that the High Court Division committed an error in not holding that the respondent did not disclose his profession and source of income that he did not m...... (Civil) Present: Md. Muzammel Hossain CJ SK Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J   Shamsul Huda J   Government of Bangladesh and oth­ers........Appellants Vs. Md. Badal and another………..

Category: Criminal Law | Date: 17 Apr, 2012 | Hits: 20

Md. Ismail and another Vs. Abul Kashem and others, 2012, 41 CLC (AD)

....pplication on 24.06.1999 praying for being added as co-preemptor under sec­tion 96(4) of the State Acquisition and Tenancy Act stating, inter alia, that he was a co-sharer by inheritance of the case holding. But the said application was rejected by the order dated 24.06.1999 on the ground that the ......eposited within 1 (one) month. The petitioners are permitted to pre­pare the paper book out of Court in accor­dance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 570. ..

Category: Property Law | Date: 15 Apr, 2012 | Hits: 149

Monsur Hossain (Md.) Vs. Rahima Khatun and others, 2012, 41 CLC (HCD)

....ked as Exhibit "Ga' series (86 in numbers). 7. The learned Assistant Judge upon considering the evidence on record dismissed the suit by the impugned judgment and decree dated 20-4-1999 holding that, the defendant was not a defaulter in paying rent and no attornment was made as require......and sisters by 2 registered kabala deeds dated 2-12-1991 and 3-12-1992 and became absolute owner of the suit premises. The defendant was verbally informed about his purchase and was requested to hand over vacant possession of the suit premises in his favour but in vain. Another premises named Asma s..

Category: Property Law | Date: 12 Apr, 2012 | Hits: 6

Securities and Exchange Commission Vs. Dona Securities and others, 2012, 41 CLC (AD)

....ellant is directed to file the concise statements within 4 (four) weeks from the date of receipt of the leave grant­ing order. Ed. This Case is also Reported in:  9 ADC (2012) 802. ......ellant is directed to file the concise statements within 4 (four) weeks from the date of receipt of the leave grant­ing order. Ed. This Case is also Reported in:  9 ADC (2012) 802. ..

Category: Business or Commercial Law | Date: 10 Apr, 2012 | Hits: 212

Md. Mazakat Ali Harun and Others Vs. Export Import Bank of Bangladesh Limited and Others, 2012, 41 CLC (AD)

....ision with the substantive prayers for issuing a notice calling upon respondent Nos. 1, 7-13, that is, EXIM Bank Limited and its Managing Director, Secretary and Directors to show cause as to why the holding of the 10th AGM of respondent No.1, EXIM Bank "without holding and completion of 9th AG......n taken in the AGM of the Bank on 26.08.2008 as to agendum No.4 was as follows: "Agenda No. 4: To elect Director. The chairman informed the meeting that he had received an information over cell phone from Barrister Rokanuddin Mahmud that the High Court Division had a short while ago ..

Category: Company Law | Date: 9 Apr, 2012 | Hits: 223

Md. Mostafa Vs. Bedena Khatun and another, 2012, 41 CLC (HCD)

....ommitted on her. In our society, a woman generally does not raise any false allegation touching her own reputation and character. In such a case, truth of her allegation cannot be ascertained without holding trial and therefore, the Rule is liable to be discharged. 8. In the petition of complaint......dvantage of his mother’s absence, the petitioner suddenly grasped her tight from backside, pushed a piece of cloth into her mouth and repeatedly raped her taking inside of his room. She kept silent over the occurrence for the sake of her honour and dignity. Subsequently she became pregnant because..

Category: Women and Children | Date: 1 Apr, 2012 | Hits: 158

Mokbul Hossain Mridha and others Vs. Md. Shamsul Haq Sarder and others, 2012, 41 CLC (AD)

....-2003, the High Court Division recalled its earlier judgment and order dated 19-8-2002 and restored the Rule to its original file and number. On 21-4-2003, the High Court Division discharged the Rule holding that concurrent findings of facts of the Courts below should not be disturbed in revision. ......der XLI Rules 19 and 21 of the Code of Civil Procedure for readmission or rehearing of a civil revision where the judgment has been delivered on merit and that the High Court Division should not have over its own judgment and, as such, the impugned judgment and order should be set aside. 10. Mr..

Category: Procedural Law | Date: 20 Mar, 2012 | Hits: 88

Abu Azam Md. Yunus Miah and another Vs. State, 2012, 41 CLC (HCD)

....Additional Sessions Judge and Anti-Smuggling Tribunal, Sylhet. The learned Additional Sessions Judge after hearing the said Criminal Motion by its judgment and order dated 26-8-1992 rejected the same holding that the CR Case No.292 of 1981 was maintainable and in taking cognizance the Sub-Divisional......rdingly, the Rule is disposed of. Send down the lower Court records to the Court concerned at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 74.     ..

Category: Criminal Law | Date: 19 Mar, 2012 | Hits: 7

AHM Kamruzzaman Khan Vs. Register, Joint Stock Companies & Firms 24-25 Dilkusha C/A, Dhaka and other, 2012, 41 CLC (HCD)

....lief Act, praying for 7 (seven) reliefs, but on misconstruction of law and facts learned Joint district judge rejected the plaint under Order 7, rule 11 (a) and (d) of the Code of Civil Procedure and holding that the suit is barred by law and the instant suit is not maintainable according to the pro......The Company has purchased a denationalized and privatized industry namely Kuliarchar Ground Nut Mills Ltd. at a price of Taka 1, 0024, 000/-only, under an agreement dated 18.06.1987, executed by the Government and the Company. Thereafter, on 14.11.1994 a deed of financing was executed in between the..

Category: Company Law | Date: 19 Mar, 2012 | Hits: 689

Md. Nurul Islam Khan and others Vs. Azizul Islam and others, 2012, 41 CLC (AD)

....avour of Azizul Islam (defendant No.1) is void, inoperative and not binding upon the plaintiff and since the plaintiff Rokeya has not exe­cuted the deed in question, the High Court Division erred in holding that the instant suit for mere declaration is not maintainable. III. Because the High C...... executed by the defendant No.2 in favour of the defen­dant No.1, Azizul Islam, who also institut­ed Title Suit No.225 of 1983 renumbered as Title Suit No.89 of 1999 for declaration of title and recovery of khas possession of the suit property. The plaint case of the plaintiffs is the defence case..

Category: Procedural Law | Date: 19 Mar, 2012 | Hits: 119

Luthfor Rahman (Md.) Vs. Bangladesh & others, 2012, 41 CLC (HCD)

....he High Court Division and the appellate Court were not in error or any kind in decreeing the suit. In the background of the materials on record the High Court Division has not committed any error in holding that there was exchange of the ‘A’ schedule properties with the 'B' sche......d the suit. 5. It is the Case of defendant No.1-5 that suit land recorded in CS and SA Khatian in the name of Horihor who having left this country, as such, the suit land has been vested in the government as enemy property. One Harunur Rashid was given lease of certain quantum of land in EP Cas..

Category: Others | Date: 18 Mar, 2012 | Hits: 5

Industrial Promotion and Development of Bangladesh Limited (IPDC) and another Vs. Mrs. Mohsina Rahman and others, 2012, 41 CLC (AD)

....ent of the writ petitioner's name in the CIB list as a loan defaulter to have been made without lawful authority and of no legal effect. It was argued that the High Court Division erred in law in holding that the writ petitioner is not a defaulter within the meaning of Bank Companies Act, 1990, ......1.00 crore in addition to previous loan amount of Tk.9.00 crore to the writ respondent No.9, the writ respondent No.7 also confirmed that the collateral securities mentioned in the said letter would cover the total finan­cial facilities of Tk.20.00 crore including Tk.9.00 crore which had already..

Category: Banking Law | Date: 12 Mar, 2012 | Hits: 7

Human Rights and Peace for Bangladesh (HRPB) Vs. Bangladesh and others, 2012, 41 CLC (HCD)

.... exercising its discretion, passed an order, as contained in Annexure-A to the writ petition, “to upgrade only the Hon’ble Ministers and the Members of Parliament, along with their family only, holding Economy Class tickets to the Executive Class without any additional charge at the checking ......e appropriate officer will give due consideration to the status of the dignitaries strictly in accordance with the hierarchy as set out in the Warrant of Precedence. (iii) In case of check-in-over the counter, upgradation will be allowed on a “first come first serve” basis with priority..

Category: Constitutional Law | Date: 8 Mar, 2012 | Hits: 17

Abdul Wahab Sheikh Vs. Md. Kamal Hossain alias Md. Kalam Hossain & Others, 2012, 41 CLC (AD)

....n and the opposite party No.2 secured the second position and the petitioner secured the third position. The result of election was published in the official gazette on 2nd February, 2009. That after holding of the election, the petitioner came to know that the opposite party No.1 was a guarantor fo...... observation. Whether section 14 of the Limitation Act, 1908 is applicable in determining the period of limitation prescribed for any suit, appeal or application by any special law e.g. the Local Government (Upazilla Parishad) Ordinance, 2008 and the Local Government (Upazilla Parishad) Rules, 20..

Category: Limitation Law | Date: 3 Mar, 2012 | Hits: 208

Rahima Khatun and another Vs. Sufia Begum and others, 2012, 41 CLC (HCD)

....plaintiffs instituted the suit in the benami of defendant No.3 as such, the suit is liable to be dismissed with cost. Learned Assistant Judge by judgment and decree dated 31-6-1995 dismissed the suit holding that the exchange deed dated 7-3-1987 was acted upon and baina upon which the exchange deed ......rchaser in property……(9) Cases Referred to- Fakhruddin Mia Vs. Mohammad Khodaboksh Sheikh, 29 DLR (AD) 268; Sontosh Kumar Chakra-borty Vs. MA Motaleb Hossain, 36 DLR (AD)248; Government of Bangladesh, represented by the Secretary Ministry of Works, Bangladesh Secretariat Vs. ..

Category: Property Law | Date: 23 Feb, 2012 | Hits: 6