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Government of Bangladesh and Others Vs. Md. Gias Uddin Chowdhury and Others, 2011, 40 CLC (AD)
....under Article 102 of the Constitution traveled beyond the rule in granting the reliefs in directing the appellants to file a partition suit to demarcate the acquired land and having no nexus with the prayer in the rule and as such the judgment is illegal and may be set aside. (b) the notice issued......Joarshahara, Dhaka Cantonment in the High Court Division by a writ petition. According to the writ petitioners, by different deeds they acquired title and possession of .6855 acre of land out of the aforesaid three plots and constructed four multi storey buildings under the name 'Chowdhury Kunjo'. I...... any order as to costs with the above observations. This judgment would govern both the appeals. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 1, 17 BLC (AD) (2012) 14, VIII ADC (2011) 879. ...... any order as to costs with the above observations. This judgment would govern both the appeals. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 1, 17 BLC (AD) (2012) 14, VIII ADC (2011) 879. ..Category: Property Law | Date: 15 May, 2011 | Hits: 100
Md. Abul Hashem Vs. State, 2011, 40 CLC (HCD)
....e lodged the F.I.R. at the instance of the accused of arson case of the house of the petitioner. There was a Salish over the matter of pregnancy of his daughter. The Salish held on Friday before Juma prayer. The Salish was held in between his house and the house of Hashem. He denied the suggestion t......hishu Nirjaton Domon Special Tribunal No.1, Dhaka convicting the convict petitioner under Section 9(1) of the Nari-0-shishu Nirjaton Domon Ain, 2000 and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Tk. 5,00,000/- in default to suffer R.I. for 5(five) years more in Nar......nted with any other case. Send down the lower Court records at once. Md. Rezaul Hasan J.- I agree. Ed. This Case is also Reported in: 16 BLC (2011) 699, 31 BLD (HCD) (2011) 427. ......nted with any other case. Send down the lower Court records at once. Md. Rezaul Hasan J.- I agree. Ed. This Case is also Reported in: 16 BLC (2011) 699, 31 BLD (HCD) (2011) 427. ..Category: Women and Children | Date: 15 May, 2011 | Hits: 95
....Republic.
Although the power of judicial review was nowhere mentioned either in Article III or anywhere in the Constitution, the Supreme Court in Marbury V. Madison, -(1803), while considering a prayer for mandamus, in an original action, made under the provisions of the Judiciary Act of 1789, ...... people of Bangladesh.
6. Article 11 within Part II of the Constitution stipulates that the Republic of Bangladesh shall be a democracy in which fundamental human rights and freedoms and respect for the dignity and worth of the human person, shall be guaranteed. These are not mere empty flowery......authorized, is maintained.
No order as to costs.
This Case is also Reported in:
......authorized, is maintained.
No order as to costs.
This Case is also Reported in:
..
Category: Civil Law | Date: 12 May, 2011 | Hits: 34
Rupali Bank Ltd. Vs. Sree Babu Jiban Kumer Shaha, 2011, 40 CLC (HCD)
....able to pay the loan amount within the stipulated time. In this circumstance the defendant continued to maintain relation with the bank by giving letters requesting the plaintiff bank to consider his prayer. He paid some amount of loan money to the plaintiff bank. Up to 30.12.1991 all together he pa......assed by the Subordinate Judge, Artha Rin Adalat, Sherpur decreeing the suit in part. 2. The appellant as plaintiff instituted Artha Rin Case No.14 of 1996 impleading the respondent as defendant for realization of Tk. 1,53,412/- as the principle amount along with interest and other charges. ......aintiff. Send down the lower court records along with a copy of this judgment immediately to the court concerned. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ......aintiff. Send down the lower court records along with a copy of this judgment immediately to the court concerned. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ..Category: Banking Law | Date: 11 May, 2011 | Hits: 210
Syed Moazzem Hossain (Md.) Vs. Tahsia Khanam and others, 2011, 40 CLC (HCD)
....pital of the company, and includes stock except when a distinction between stock and shares is expressed or implied. So, share is a movable property of the company having market value. By the amended prayer of the plaint it has been made for recovery of possession of shares. The shares got its marke......ck except when a distinction between stock and shares is expressed or implied. So, share is a movable property of the company having market value. By the amended prayer of the plaint it has been made for recovery of possession of shares. The shares got its market value. As per the statements made in......aside. The suit is dismissed, however without any Order as to costs. Send down the records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 11. ......aside. The suit is dismissed, however without any Order as to costs. Send down the records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 11. ..Category: Company Law, Procedural Law | Date: 8 May, 2011 | Hits: 9
Kyung Hae Maritime Co. Ltd. and others Vs. M.V. BF Glory and others, 2011, 40 CLC (HCD)
....iff’s claim and therefore the plaintiff instituted the instant suit for realization of U$ 15,90,442.76 equivalent to BD. Tk. 11,02,97,152.70 against the defendant jointly and severally along with a prayer for pendentility interest @ 20% per annum on the decreetal amount. This P.W. denied the defen......Bandar, Chittagong. 8. The Commissioner of Customs, Chittagong, Customs House P.S. Bandar, Chittagong. 9. The Deputy commissioner of Police, Chittagong Port, P.s. Bandar, Chittagong……Proforma-Defendants With BIZ & SHIPPING CO., Ltd. RM 1021, Byuksan Kwanghwamunsidae b/d ......No.19 of 2009 M/S. Kysco Shipping Co. Ltd. and also against the BF. Shipping Limited in Admiralty Suit No. 27 of 2009 and Admiralty Suit No. 28 of 2009. Ed. This Case is also Reported in: ......No.19 of 2009 M/S. Kysco Shipping Co. Ltd. and also against the BF. Shipping Limited in Admiralty Suit No. 27 of 2009 and Admiralty Suit No. 28 of 2009. Ed. This Case is also Reported in: ..Category: Admiralty Law or Maritime Law | Date: 4 May, 2011 | Hits: 70
Hossain Md. Rajib Vs. State, 2011, 40 CLC (HCD)
.... the accused appellant was taken into custody. He further prayed for bail but by the impugned order dated 19-1-2011 the learned Judge, Nari-o-Shishu Nirjatan Daman Tribunal, Brahmanbaria rejected the prayer for bail holdings as follows: "He was enlarged on bail on condition to compromise the ma......tion 11(Ga)/ 30 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 (amended 2003), now pending in the Court of learned Judge, Nari-o-Shishu Nirjatan Daman Tribunal, Brahmanbaria, rejecting the application for bail of the accused appellant. 2. The fact relevant for disposal of the appeal, in short, i......-3-2010 and allow the appeal. With this observation the appeal is allowed and the ad interim bail granted earlier is affirmed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 447.......-3-2010 and allow the appeal. With this observation the appeal is allowed and the ad interim bail granted earlier is affirmed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 447...Category: Women and Children | Date: 2 May, 2011 | Hits: 171
National Board of Revenue and others Vs. Lt. Col. Kazi Shahid Ahmed (Retd.), 2011, 40 CLC (AD)
....ction 56 (Ga) of the VAT Act upon the company, asking the respondent No.1 not to make any supply of any goods without prior permission from him (Annexure-G to the writ petition). But on his prayer dated 25-05-1996, the appellants No.1 by his Order dated 28-05-1996, agreed to stay the opera....... But by a letter dated 09-11-1993, addressed to the member of the National Board of Revenue, the appellant No.1 terming the company as a ‘নির্মান সংস্থা’ prayed for fixing its VAT (Annexure-A to the writ petition). In reply, a second secretary of the appel...... Court Division in Writ Petition No.1953 of 1996, is set-aside and the appeal is allowed, however, without any order as to cost. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 119. ...... Court Division in Writ Petition No.1953 of 1996, is set-aside and the appeal is allowed, however, without any order as to cost. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 119. ..Category: Fiscal/Taxation Law | Date: 26 Apr, 2011 | Hits: 217
Anwar Cement Limited and others Vs. Bangladesh Bank and other, 2011, 40 CLC (HCD)
....submits that the petitioners were shown as guarantors of a defaulting borrower but not as defaulting borrowers. He further submits that the petitioners failed to produce any papers showing that their prayer for loan was any refused by any bank as they were shown as defaulting borrowers in the CIB re...... The Bank Companies Act, 1991 (Act No. 14 of 1991), Section 5 (Ga Ga) and 27 (Ka Ka) The petitioners were/are not shown as defaulting borrowers in the CIB report and are only shown as guarantors for the loan obtained by the respondent No.5. There is no scope to treat them as defaulting borrower......fore, the rule is disposed of with the above observations without any order as to costs. The order of stay stands vacated. Md. Abu Zafar Siddique J.- I agree. This Case is also Reported in: ......fore, the rule is disposed of with the above observations without any order as to costs. The order of stay stands vacated. Md. Abu Zafar Siddique J.- I agree. This Case is also Reported in: ..Category: Banking Law | Date: 24 Apr, 2011 | Hits: 363
Padma Oil Company Limited Vs. Md. Abdus Samad and others, 2011, 40 CLC (AD)
....l to supply fuel to the petitioner's filling station is malafide. 5. Mr. Sayyid Shahid Hussain, learned counsel appearing for the petitioner, has taken us to the writ petition particularly the prayer made therein, the relevant documents annexed with the petition and argued that in the absenc......ucted by Md. Zahirul Islam, Advocate-on-Record-For the Petitioner. Shamem Khaled Ahmed, Advocate, instructed by Abu Siddique, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No.670 of 2011. Judgment Surendra Kumar Sinha J. - This petition at......ry license/permit for supplying fuel as per prevailing rules. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 154. ......ry license/permit for supplying fuel as per prevailing rules. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 154. ..Category: Others | Date: 7 Apr, 2011 | Hits: 7
Kartic Das Gupta Vs. Election Commission of Bangladesh and others, 2011, 40 CLC (AD)
....t Petition No.601 of 2011 with certain directions upon the Election Commission. 2. The petitioner filed the above mentioned writ petition before the High Court Division making the following prayer: "(A) Issue a Rule Nisi calling upon the respondents to show cause as to why the no...... writ petition itself is maintainable in law or whether the writ petitioner has got any interest in the matter Writ-petition in question could not be termed as public interest litigation. Before going into the merit of a writ petition the first and primary duty of the writ Bench is to see ......we find no merit in the submissions of Mr. Ahsanul Karim. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 578, 19 BLC (AD) (2014) 113. ......we find no merit in the submissions of Mr. Ahsanul Karim. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 578, 19 BLC (AD) (2014) 113. ..Category: Election Law | Date: 3 Apr, 2011 | Hits: 168
Zahidur Kazi and others Vs. State, 2011, 40 CLC (HCD)
....ishu Case No.97 of 2010 arising out of G.R. Case No.127 of 2010 corresponding to Narail P.S. Case No. 11 dated 7.4.2010 under section 7/30 of the Nari-O-Shishu Nirjatan Daman Ain, 2000, rejecting the prayer for bail of the appellants. 2. On 7.4.2010 one Sabeda Begum lodged an FIR with the Narai......se No.97 of 2010 arising out of G.R. Case No.127 of 2010 corresponding to Narail P.S. Case No. 11 dated 7.4.2010 under section 7/30 of the Nari-O-Shishu Nirjatan Daman Ain, 2000, rejecting the prayer for bail of the appellants. 2. On 7.4.2010 one Sabeda Begum lodged an FIR with the Narail Polic......to cancel the bail, if the accused appellants misuse in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......to cancel the bail, if the accused appellants misuse in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..Category: Women and Children | Date: 22 Mar, 2011 | Hits: 77
GK Brothers and another Vs. Imperial Chemical Industries Bangladesh Limited, 2011, 40 CLC (HCD)
....oletium was paid in full. From the record it appears (hat by order No. 37 dated 16-8-86 the defendant appellants were transpired in place of the plaintiff respondent in HRC case No. 224 of 1983. That prayer for transposition was not opposed by the plaintiff respondent. From the record it further app......ecree dated 2-11-1996 passed by the learned Sub-ordinate Judge, 3rd Court, Chittagong in Other Suit No. 100 of 1995 decreeing the suit. 2. The respondent as plaintiff instituted the suit seeking for the following relieves; এতএব বাদী নিম্নমতে প্রার্থ...... land in favour of appellants through court. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 543 ...... land in favour of appellants through court. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 543 ..Category: Civil Law, Procedural Law | Date: 20 Mar, 2011 | Hits: 2
Alomgir Hossain alias Abdul Aziz Vs. State, 2011, 40 CLC (HCD)
....n Special Tribunal Case No. 42 of 2009 arising out of G.R. Case No.100 of 2009 corresponding to Kashiani P.S. Case No. 3 dated 04.07.2009 under section 25B(2) of the Special Powers Act, rejecting the prayer for bail of the appellant. 2. 435 bottles of phensedyl was alleged to be recovered from a ......al Tribunal Case No. 42 of 2009 arising out of G.R. Case No.100 of 2009 corresponding to Kashiani P.S. Case No. 3 dated 04.07.2009 under section 25B(2) of the Special Powers Act, rejecting the prayer for bail of the appellant. 2. 435 bottles of phensedyl was alleged to be recovered from a private......t liberty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......t liberty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: 15 Mar, 2011 | Hits: 76
M.A. Bari Talukder Vs. Agrani Bank & others, 2011, 40 CLC (AD)
....nst this petitioner and others. On the date of filing of that suit the plaintiff-bank could not file the requisite court fee and as such prayed for time to file the same and the Adalat allowed that prayer and fixed 11.5.2004 for filing the deficit court fee. On 11.5.2004 the plaintiff bank filed t......e-on-Record-For the Petitioner. Md. Mamunur Rashid, Advocate instructed by Syed Mahbubur Rahman, Advocate-on-Record- For respondent No.1. Not respondent-Respondent Nos. 2-3. Civil Petition for Leave to Appeal No. 1196 of 2010. (From the judgment and order dated 11.03.2010 passed by the......peal is thus disposed of with the above observations and direction. Communicate this order to the Artha Rin Adalat concerned at once. Ed. This Case is also Reported in: VIII ADC (2011) 424. ......peal is thus disposed of with the above observations and direction. Communicate this order to the Artha Rin Adalat concerned at once. Ed. This Case is also Reported in: VIII ADC (2011) 424. ..Category: Banking Law | Date: 14 Mar, 2011 | Hits: 247
Ahammad Hossen alias Gura Miah Vs. State, 2011, 40 CLC (HCD)
....hu Case No.156 of 2008 arising out of G.R. Case No.274 of 2007 corresponding to Lohagara P.S. Case No. 04 dated 4.11.07 under section 7/30 of the Nari-O-Shishu Nirjatan Daman Ain, 2000, rejecting the prayer for bail of the appellant. 2. The appellant was brought to the trial under section 7/30 ...... No.156 of 2008 arising out of G.R. Case No.274 of 2007 corresponding to Lohagara P.S. Case No. 04 dated 4.11.07 under section 7/30 of the Nari-O-Shishu Nirjatan Daman Ain, 2000, rejecting the prayer for bail of the appellant. 2. The appellant was brought to the trial under section 7/30 of the ......case, the trial Court is hereby directed to consider the bail of the appellant. Communicate the order at once. AKM Zahirul Hoque J. - I agree. Ed. This Case is also Reported in: ......case, the trial Court is hereby directed to consider the bail of the appellant. Communicate the order at once. AKM Zahirul Hoque J. - I agree. Ed. This Case is also Reported in: ..Category: Women and Children | Date: 1 Mar, 2011 | Hits: 103
Shammi Yasmin @ Suma alias Sreemoti Rafiqa Rani and others Vs. State, 2011, 40 CLC (HCD)
....he victim Shammi Yasmin @ Suma alias Sreemoti Rafika Rani has confirmed herself to go on her free will and she is found not a girl, we found that the trial court committed illegality in rejecting her prayer to go on her own Jimma. 13. Accordinlgy we find merit in the appeal being Criminal Appeal ......hese appeals by the impugned order dated 5.7.2010 the learned Nari-O-Shishu Nirjtatan Daman Tribunal, Joypurhat rejected the 2 applications, one filed by the victim herself and another filed by the informant for custody of the victim girl in Nari-O-Shishu Case No. 106 of 2010 arising out of Panchbib...... from today and for the time being the victim will remain as it is, in the safe custody. Communicate the order at once. AKM Zahirul Hoque, J.- I agree. Ed. This Case is also Reported in: ...... from today and for the time being the victim will remain as it is, in the safe custody. Communicate the order at once. AKM Zahirul Hoque, J.- I agree. Ed. This Case is also Reported in: ..Category: Women and Children | Date: 27 Feb, 2011 | Hits: 82
....it is proved or by his representative in interest.
21. In the instant case it appears that the defendant-petitioner was directed by the Court to produce the same at the time of trial as per prayer of the plaintiff-respondent. Moreover, the defendant-petitioner has not challenged that ......ructed by AKM Shahidul Huq, Advocate-on-Record—For the Respondent No.1 (In both the petitions)
None Represented—For the Respondent Nos.2-6 (In both the petitions)
Civil Petition for Leave to Appeal Nos.1602 and 1603 of 2010.
(Arising out of the same judgment and order date......ation thereof, we do not find any merit in these two leave petitions.
Accordingly, these leave petitions are dismissed.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 86.
......ation thereof, we do not find any merit in these two leave petitions.
Accordingly, these leave petitions are dismissed.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 86.
..
Category: Civil Law | Date: 23 Feb, 2011 | Hits: 10
.... Kazi Golam Hussain was chairman of the company and that's why the High Court Division did not feel the necessity of any additional evidence and therefore there was no illegality in rejecting the prayer for adducing evidence by the defendants at the appellate stage.
22. As to the argument p......smissed.
When additional evidence sought to be adduced.
It is well established that Order XL, rule 27, CPC does not confer a right on the party to produce additional evidence. The need for additional evidence must be felt by the Court itself, if the Court hearing the action requires a......ubstance hi the submissions of the learned Advocate for the petitioners.
Accordingly, the leave petition is dismissed.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 119.
......ubstance hi the submissions of the learned Advocate for the petitioners.
Accordingly, the leave petition is dismissed.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 119.
..
Category: Civil Law | Date: 17 Feb, 2011 | Hits: 5
Jamiul Hossain Vs. Government of Bangladesh & Others, 2011, 40 CLC (HCD)
....he Tenancy Rules, 1955 can not be sustained in the eye of law and the same requires a fresh scrutiny for coming to a correct decision. In view of above facts and circumstances, respondent No.7 made a prayer to respondent No.2, Director (land records and surveys) who being satisfied on material irreg......o constitute a committee to rehear Appeal Case Nos.31335 of 2001, 31336 of 2001 and 41105 of 2001 and the notice dated 14.7.2002 issued by respondent No.3 contained in annexure-H to the writ petition for rehearing of above 3 cases on 24.07.2002 should not be declared to have been passed without lawf......of issuance of Rule Nisi is, hereby, recalled and vacated. Let a copy of the judgment be communicated to the Respondents forthwith. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 49. ......of issuance of Rule Nisi is, hereby, recalled and vacated. Let a copy of the judgment be communicated to the Respondents forthwith. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 49. ..Category: Constitutional Law | Date: 15 Feb, 2011 | Hits: 176
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