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Dhaka New Market Vs. City Corporation, 2012, 41 CLC (HCD)

....om doing so in future. 20. With the above observations and findings this Rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 221 ......sion of Rule 19 of the Dhaka City Building Construction Rule, 2007." 7. Referring to the decision of the case of Omar Sadat Vs. Bangladesh reported in 6 BLC 289, filed in the form of public interest litigation challenging the failure of the respondents to take legal action as was required ..

Category: Administrative Law, Constitutional Law | Date: 14 Mar, 2012 | Hits: 2

Swadhin Chandra Mandal and others Vs. Bangladesh University Grants Commission (UGC), 2012, 41 CLC (HCD)

....gy University be allowed to continue with their regular studies accordingly. However, there shall be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 166. ...... the petitioners) and submits that the entry points in cadre service for both the groups of graduates are different. Mr. Badruddoza submits that the UGC ought not to have acted being instigated by an interested group who evidently possess an ill motive of non-expansion of this specialized education ..

Category: Others | Date: 14 Mar, 2012 | Hits: 5

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

.... Administration, Ministry of Home Affairs and Ministry of Foreign Affairs for taking necessary steps in accordance with the directions given above. Ed. This Case is also Reported in: ......he said respondent stated that the “ affidavit is being filed in consensus with the Petitioner in order to resolve the issues as raised in the instant writ petition involving a significant public interest.” Accordingly, the respondent No.2, in the said supplementary affidavit, stated that in ..

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

Dulal Brothers Ltd. Vs. Registrar of Joint Stock Companies and Firms, 2013, 42 CLC (HCD)

.... of receipt of the file in the office. The office is directed to inform the learned Advocate of the petitioner accordingly. Ed. This Case is also Reported in:    ...... served through usual process and through the newspaper “Daily Star” and “Daily Prothom Alo” published on 28.2.2012. There being no creditor of the company, as informed, none appears to be interested to object the proposed amendment. 5. We have heard the learned Advocate, perused th..

Category: Company Law | Date: 4 Mar, 2012 | Hits: 28

Chittagong Steel Mills Ltd. Vs. TM Syndicate & others, 2012, 41 CLC (HCD)

....btor-petitioner we find rule is incompetent. We find no substance in this rule. In the result, this rule is discharged. No costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 350. ...... rule 43 of the Code of Civil Procedure, filed Title Execution Case No.25 of 2004 on 5-8-2009 demanding Taka 86,02,592.76. Judgment-debtor-petitioner filed application on the basis of Judgment giving interest at the rate of Taka 12% and deposited an amount of Taka 45,30,267.26. The statement from th..

Category: Alternative Dispute Resolution | Date: 4 Mar, 2012 | Hits: 316

M/s. Sadharan Bima Corporation Vs. United Fish Exports Limited and others, 2012, 41 CLC (AD)

....t that there is no merit in these Civil Petitions for leave to appeal and in the circumstances both the civil petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 563. ......na impleading Sadharan Bima Corporation (the present petitioner) and others as defendants for a decree of Tk. 1,17,00,000/- (Taka one crore seven­teen lacs) only and for further decree for statutory interest @ 5% above the bank rate for the period from the date of acci­dent to the date of realizat..

Category: Business or Commercial Law | Date: 26 Feb, 2012 | Hits: 616

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

....s restored. 13. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 191  21 BLT (HCD) (2013) 39   ......ent, not a transfer of title to be used both as a weapon of offence or a shield of defence to all. Agreement or bainama unless converted to a registered sale deed it does not create any right, title, interest or title of the purchaser in property……(9) Cases Referred to- Fakhr..

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

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

....e made absolute without any order on costs. The authorities are directed to stop collection of user fees at the government hospitals forthwith. Ed. This Case is also Reported in: ......s and to ensure the better medical treatment for the patients in all government hospitals. The petitioners also seek to bring this application by invoking Article 102 of the Constitution as public interest litigation. 5. The matter involves public importance. As per Article 32 of the Consti..

Category: Constitutional Law | Date: 19 Feb, 2012 | Hits: 14

Sonali Bank Vs. Habib Medical Store and Others, 2012, 41 CLC (HCD)

....dismissed without any order as to cost. Send down the LC record with a copy of the judgment at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 73     ......val of the goods the defendant failed to take delivery in time and, as such, the goods were sold in auction and thereafter the Bank sent a notice to the defendant to adjust the money with the accrued interest thereon. But in the case in hand the defendant failed to do so and the plaintiff appellant ..

Category: Banking Law | Date: 14 Feb, 2012 | Hits: 0

Md. Abul Kashem Vs. Mahmudul Hasan @ Major General Mahmudul Hasan (Rtd.) and others, 2012, 41 CLC (AD)

....gh Court Division is correct. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 65; 32 BLD (AD) (2012) 127; 9 ADC (2012) 489. ......- (i) An individual/body (প্রতিষ্ঠান) has taken a loan in his/its own name. (ii) The individual is either a director or guarantor in that body. (iii) The loan or part of it and interest accrued on the loan remains unpaid for more than six months after it becomes due as defined..

Category: Election Law | Date: 14 Feb, 2012 | Hits: 262

Major General Amjad Khan Chowdhury (Retd.) Vs. Parle Agro Products Ltd. & another, 2012, 41 CLC (HCD)

....rade mark No.31112 in Class -32 for the Trade Name "FROOTI", in accordance with law. However, there shall be no order as to costs. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 730. ......s they are bound to cause confusion in the minds of the public even after amendment is allowed to "New Baghabari Khati Gawa Ghee" by the registrar, Trade marks. The main emphasis should be put on the interest of the public so that there is no confusion regarding the production of the Gawa Ghee." ..

Category: Intellectual Property Law | Date: 12 Feb, 2012 | Hits: 91

Tarik Hossain and others Vs. Dulari Begum & Others, 2012, 41 CLC (HCD)

....n given by this Court as above, are solely with a view to ensure social justice in respect of the parties involved in this suit. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 59. ......ndency of the said suit the plaintiff No. 1 of Title Suit No. 168 of 1991 hav­ing been unduly influenced by the defendant No. 1 of that suit entered into a compromise to the detri­ment of the interest of her minor children namely plaintiff Nos. 2-4 without taking any guardianship certificate..

Category: Property Law | Date: 7 Feb, 2012 | Hits: 4

Human Rights and Peace for Bangladesh (HRPB) Vs. The Mayor, Dhaka City Corporation and others, 2012, 41 CLC (HCD)

....can be treated as a public interest litigation, and the necessity of swearing any affidavit can be dispensed with. The office is directed accordingly. Ed. This Case is also Reported in:......he country. The petitioner hereby challenges the failure of the respondents to protect the area. It also seeks to bring this application within the ambit of Article 102 of Constitution as a public interest litigation with a view to ensure necessary steps to stop erection of shops in the place ma..

Category: Constitutional Law | Date: 2 Feb, 2012 | Hits: 15

Muzibur Rahman and others Vs. State and others, 2012, 41 CLC (AD)

....mmut­ing the sentence of death to imprisonment for life by majority decision. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 98.         ...... when the ends of justice demand in a particular case. In order to decide whether the ends of jus­tice require its application to a particular case, it should be kept in mind is that not only the interest of the party seeking relief is invoking this power but also that of the other party who may..

Category: Criminal Law | Date: 1 Feb, 2012 | Hits: 6

Kalim Ullah (Md.) and others Vs. Fariduddin Ahmed, 2012, 41 CLC (AD)

....bdul Wahhab Miah J. I agree with the reason­ing and findings given by my learned brother Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 33.   ......ble property by way of sale, gift, mortgage or exchange. Transfers by sale, gift, or exchange is definitely permanent in nature though as per section 58 of the Act mortgage is the transfer of an interest in spe­cific "immovable property" for the purpose of securing the payment of ..

Category: Trust/Waqf Law | Date: 1 Feb, 2012 | Hits: 10

MN Alam Associated Ltd Vs. Chairman, Rajdani Unnayan Kartripakkhaya, 2012, 41 CLC (AD)

.... arbitration may proceed afresh in accordance with law. With the above observations and findings the appeal is disposed of. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 153. ......-1996, 9-12-1996, 29-12-1996, 29-1-1997, 24-4-1997 and 12-5-1997. The appellant also remind­ed the respondent that as per provisions of the agreement, the appellant was entitled to get payment of interest for the period during which the bills remained unpaid and requested the respondent to arran..

Category: Arbitration Law | Date: 24 Jan, 2012 | Hits: 7

Atif Atiq (Md.) and another Vs. Nurun Nahar Begum and others, 2012, 41 CLC (AD)

....the supplementary agreement dated 16-8-2004. With the above observations, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 27, 18 MLR (AD) (2013) 65. ......ctions 12(c) and 27 of the Specific Relief Act further held that even if the property under contract of sale is sold to a third party or remains in possession of the third party, the right, title and interest of the person with whom contract was first entered into, shall not, in any way, be affected..

Category: Property Law | Date: 22 Jan, 2012 | Hits: 87

Amzad Hossain Vs. Bangladesh Bank and others, 2012, 41 CLC (HCD)

....t. The order of stay granted earlier by this Court is hereby recalled and vacated. Communicate at once. Mustafa Zaman Islam J. - I agree. Ed. This Case is also Reported in: ......espondent paid Taka 5 lakh as security which was liable to be forfeited upon cancellation of the license. So, the cancellation of a license is a serious matter adversely couching a person's pecuniary interest, more than that, it affects a fundamental right of a citizen to conduct any lawful trade or..

Category: Banking Law | Date: 18 Jan, 2012 | Hits: 179

Shamsuddin Ahmed & others Vs. City Bank Ltd., 2012, 41 CLC (HCD)

....f 2008 are dismissed with these observation. Send down the lower Court records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 30.       ......under section 57 of Artha Rin Ada­lat Ain, 2003 is to be considered applying provision of Order XXI, rule 90 of the Code of Civil Procedure Court and court can pass necessary order to protect the interest of the applicant. 4.  Mr. Ahsanul Karim, learned Advocate appearing for the respo..

Category: Civil Law | Date: 15 Jan, 2012 | Hits: 4

Mahua Khair Vs. Amena Begum Ali Ispahani, 2012, 41 CLC (AD)

.... i.e. the Sub-Ordinate Judge (now Joint District Judge), Additional Court, Dhaka. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 172; 17 BLC (AD) (2012) 139; 9 ADC (2012) 924. ...... price. The Purchaser was requested to pay the due balance of Tk.7.5 lacs, Tk.5,00,000/- in respect of liquidated damages stipulated in Clause 5 of the agreement for sale and Tk.13,69,660/- by way of interest accumulated between 01.01.1987 to 31.06.1993. It was stated that failure to pay the said su..

Category: Contract Law | Date: 10 Jan, 2012 | Hits: 1077