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Government of Bangladesh and others Vs. Nurul Amin and anothers, 2012, 41 CLC (AD)
....costs and, as such, the appeals are liable to be dismissed. Mr... Moudud Ahmed then submits that since the detenues' fundamental right to freedom of assembly, right to protection of life and personal liberty as guaranteed by the Constitution have been invaded by the Detaining Authority unde......recognized principle of law is that the victims are entitled to get compensation enforced through the civil Court. The victims can claim compensation in tort for the injury caused to their persons or property. But it takes long time for a victim to get a decree for damages or compensation through ci..Category: Constitutional Law | Date: 29 May, 2012 | Hits: 5
Md. Mintu Chowdhury Vs. Khurshid Nayeem and others, 2012, 41 CLC (AD)
....n the impugned judgment and order and consequently, no merit in the leave petition. Accordingly, the leave petition is dismissed. This Case is also Reported in: 18 MLR (AD) (2013) 46. ...... affidavit-in-opposition filed by added respondent No.6, Md. Mintu Chowdhury (leave petitioner herein) stating, inter alia, that it is false to say that the respondent is the absolute owner of the property in question on the basis of oral gift dated 14.03,2002 and possession of the said property..Category: Property Law | Date: 29 May, 2012 | Hits: 12
Aqua Culture Farms Limited Vs. Registrar of Joint Stock Companies and Firms, 2012, 41 CLC (HCD)
....he office is directed to inform the learned Advocate of the petitioner accordingly. Ed. This Case is also Reported in: ......decided to amend its object clause to include a new clause, being sub-clause No.1 (a)-1(e) and 39(a) in the Memorandum of Association to facilitate the company take new venture and to mortgage its property in order to secure any loan which may be availed by the company. 3. The learned Advo..Category: Company Law | Date: 28 May, 2012 | Hits: 32
Ruhul Amin and others Vs. Bangabandhu Sheikh Mujib Medical University, 2012, 41 CLC (HCD)
....(six) months from the date of receive of this judgment. Send down the lower court records. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 182. ......āĻĻā§āĻ§ā§ āĻāĻŋāĻ°āĻ¸ā§āĻĨāĻžā§ā§ āĻ¨āĻŋāĻˇā§āĻ§āĻžāĻā§āĻāĻžāĻ° āĻĄāĻŋāĻā§āĻ°ā§ āĻĻāĻŋāĻ¤ā§āĨ¤“ 3. It is the plaint case that Nawab Sir Salimullah was the owner of the suit property along with other property, died, leaving eldest son, Nawab Habibullah Bahadur, who became o..Category: Civil Law, Property Law | Date: 27 May, 2012 | Hits: 12
S.M. Zahid Rezvi and others Vs. The Magura Pourashava and others, 2012, 41 CLC (HCD)
....ted the shops and hand over the vacant possession in favour of respondent No.1 within 30 days from date. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 16. .......1, Pourashava has filed this application for vacating the order of stay alleging that the Pourashava has under taken a development project for construction of 1000/- (one thousand) shops on the case property through a developer Company and that due to stay order the development project has been sto..Category: Constitutional Law | Date: 24 May, 2012 | Hits: 1
....nable step was taken to mitigate the loss. If any such damage or compensation, after adjustment of the sale proceeds of Washing Plant, is necessary to be paid to the supplier, it should fall upon the personal liability of those persons, who had issued notification of award (work order) by accepting ...... as to costs.
Send down the LCRs along with a copy of the judgment to the Court below immediately.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 194.
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Category: Arbitration Law | Date: 10 May, 2012 | Hits: 16
Abdun Noor and others Vs. Aziruddin and others, 2012, 41 CLC (AD)
....ce without the report) shall be evidence in the suit and shall form part of the record; but the Court or, with the permission of the Court, any of the parties to the suit may examine the Commissioner personally in open Court touching any of the matters referred to him or mentioned in his report, or ...... title, confirmation of possession and for permanent injunction in respect of the land described in the second schedule of the plaint. The case of the plaintiffs, in short, is that the suit property originally belonged to Ranjit Kumar Kar and his three brothers in Mourashi Maliki right. Ra..Category: Property Law | Date: 8 May, 2012 | Hits: 112
Dr. Moos Bin Shamsher Vs. Ayub Ali and others, 2012, 41 CLC (HCD)
....e property for their own accommodation as during cross-examination, plaintiff No. 1 admitted the fact of having executed a registered baina on 1-2-2009 and not needing the property for personal accommodation anymore. Notice under section 106 of the Transfer of Property Act which ......ader J.- Appeal from Original Decree No.181 of 2010 and Civil Revision No. 4570 of 2009 by contesting defendant having arising out of the self same cause of action and having related to the same property are taken up together and this judgment would governed both these appeal and Rule. ..Category: Contract Law, Tenancy Law | Date: 7 May, 2012 | Hits: 7
Professor Muhammad Yunus and another Vs. Bangladesh, 2012, 41 CLC (AD)
....s within the meaning of Article 102 of the Constitution; b) the High Court Division acted illegally in rejecting their petition in-liminc, inasmuch as, they filed the writ petition in their personal capacity and even though they have no personal interest in the post of Managing Director, t...... Even an administrative order which involves civil consequences must be consistent with the rules of natural justice. Expression 'civil consequences' encompasses infraction of not merely property or personal rights but of civil liberties, material deprivations, and non-pecuniary damages..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)
....py of this judgment. Send a copy of this judgment to the Court of the learned District Judge as expeditiously as possible. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 285. ......11 passed by the learned District Judge, Dhaka in Arbitration Miscellaneous case No.477 of 2010 granting injunction restraining the second party/petitioners from making any construction over the suit property should not be set-aside and/or pass such other or further order or orders as to this Court ..Category: Arbitration Law | Date: 3 May, 2012 | Hits: 18
Md. Salim Hossain and other Vs. Artha Rin Adalat, Munshigonj and other, 2012, 41 CLC (AD)
....at the time of taking over possession of the mortgaged property, the auction, purchaser in collusion with the decree holder and others illegally and fraudulently has also taken over possession of the personal inherited property of the applicant as described in schedule to the partition deed dated 08......unt, the decree-holder Bank on 31-01-2001 filed Artha Rin Execution Case No.02 of 2001. In the Execution case after completion of all legal formalities, notice was published for sale of the mortgaged property of the judgment debtor in auction but no bidder participated in the auction on 05-11-2003, ..Category: Civil Law | Date: 19 Apr, 2012 | Hits: 151
Abdul Gaffar and others Vs. Sree Sree Radha Madhab Jew Deity and others, 2012, 41 CLC (AD)
.... this impugned judgment and order of the High Court Division. In the result this civil petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 697. ......the Second Additional Court of Subordinate Judge, Sylhet. That the defendant No.4 tried to take possession of the suit land but failed and induced the defendant No.2 to declare the suit land as enemy property and accordingly, the defendant No.2 in collusion with the defendant Nos.3 and 4 declared th..Category: Property Law | Date: 16 Apr, 2012 | Hits: 72
Most. Umme Shaheda Akhter Rina & othersVs. Ayub Ali and others, 2012, 41 CLC (AD)
....on from selling any portion of the suit land without prior permission of the trial Court, if so advised. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 94; 17 MLR (AD) (2012) 235. ......xistence of a dispute cannot be a ground whatsoever for appointment of a receiver. Receiver should be appointed in a suit for partition with the consent of the parties, especially where the family property consists of land. Delay in disposal of the suit cannot at all be a ground for appointment ..Category: Civil Law | Date: 16 Apr, 2012 | Hits: 92
Monsur Hossain (Md.) Vs. Rahima Khatun and others, 2012, 41 CLC (HCD)
....ecord by the trial Court failing which the plaintiff would be at liberty to execute the decree as per law. Record be send down. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 207. ......ent means the acknowledgment of a new lord on the alienation of land, and the assent or agreement of the tenant to attorn as "I become tenant to the purchaser" A person in occupying of property may establish the relation of landlord and tenant between himself and another person by att..Category: Property Law | Date: 12 Apr, 2012 | Hits: 6
Palash Barua & others Vs. Anil Kumar Barua and others, 2012, 41 CLC (AD)
....d reason to interfere with the impugned judgment and, as such, the Civil Petition for Leave to Appeal No.395 of 2010 is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 96. ......ed him as party in the suit contending inter alia that the submission of the plaintiff petitioners that when the deed in question was registered the added defendant was minor and he did not claim the property within 3 years from the date of attaining his majority and, as such, he cannot be added as ..Category: Procedural Law | Date: 9 Apr, 2012 | Hits: 30
Majad Hossain and another Vs. State, 2012, 41 CLC (AD)
....an Sessions Judge, Chittagong by his order of the same dated rejected the application for calling for the statements from the complainant-bank, but allowed the prayer for adjournment on the ground of personal difficulty of the learned Advocate for the accused fixing the next date on 13.10.2008. On t......spective accused-petitioners took loan from the complainant-company by creating equitable mortgage in its favour and the complainant-company could realize every much the loan by selling the mortgaged property when the post-dated cheques were dishonoured, instead the complainant-company filed the res..Category: Banking Law | Date: 8 Apr, 2012 | Hits: 618
ABC Attire Ltd. Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... The order of stay granted earlier by the Court stands vacated. Communicate the Judgment to respondent No.10 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 399. ......, the Bank filed Title Execution Case No.160 of 2003 and the execution case was disposed of by issuing a certificate under section 33(5) of the Ain for khas possession and right to sell the mortgaged property in favour of the Bank on 24-2-2008. Thereafter the Bank filed Title Execution Case No.132 o..Category: Civil Law | Date: 4 Apr, 2012 | Hits: 45
Rakibul Islam Vs. State, 2012, 41 CLC (HCD)
....y. 15. Now adverting to the point as to the delay caused in lodging the FIR I am of the view that in a dispute between spouses, usually several initiatives are taken to resolve the same at their personal level and family level preferring avoidance to go to thana-police. Besides, the parties in ......used is on bail obtained from this Division, he is to be discharged from his bail bond. Send down the Lower Court Records. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 438. ..Category: Women and Children | Date: 3 Apr, 2012 | Hits: 64
M/S. Talukder Chemicals Limited Vs. Government of Bangladesh and others, 2012, 41 CLC (HCD)
....deposed falsely in this case. 17. P.W. 3 Mohammad Ali Samad an official of the Sadar Record Room he authenticated deed No. 2084 dated 29.4.1940. During cross-examination he stated that he has no personal knowledge about the said deed and denied the suggestion that he deposed falsely in this cas......li and Toyeb Ali as his heirs and they inherited the same. Kolom Miah got an area of 18 decimals of land in C.S. plot No.167 vide an amicable partition and Jobed Ali and Toyeb Ali got the rest of the property in their shaham. Thereafter, Kolom Miah transferred an area of 18 decimals of land in the C..Category: Evidence Law | Date: 3 Apr, 2012 | Hits: 113
Shyzuddin and others Vs. Md. Babul Gorapi and another, 2012, 41 CLC (HCD)
.... Rule is discharged. The stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Soumendra Sarker J.- I agree. Ed. This Case is also Reported in: ...... laws and arrive at a decision thereon. The charge has been framed under sections 482 and 483 of the Penal Code, which run as follows: “482. Whoever uses any false trade mark or any false property mark shall, unless he proves that he acted without intent to defraud, be punished with impr..Category: Intellectual Property Law | Date: 2 Apr, 2012 | Hits: 218
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