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Sadharan Bima Corporation and another Vs. LG Engineering Co. Ltd and others, 2010, 39 CLC (AD)
....n the judgment of the High Court Division and accordingly the leave petition is dismissed with modification that the decree will be executed against defendant No. 1 only. Ed. This Case is also Reported in: VII ADC (2010) 413. ......refore the inland carrier is responsible and the damages as claimed is to be recovered from the carrier and accordingly advised the plaintiff. The plaintiff failed to furnish the required documents called for by the defendant No. 4 and though the photograph of the damaged goods were taken but th......as responsible for the accident. The survey report was sent to all concern and no objection was raised against the survey report. Thereafter the plaintiff by its letter dated 26.05.1999 submitted its loss claim for Tk.33, 98,244.05. The defendant No.1, Shadharan Bima Corporation, instead of making p..Category: Business or Commercial Law | Date: | Hits: 186
Shahin Mia Vs. Parul Begum wife of Ibrahim and others, 2009, 38 CLC (AD)
....is application for leave to appeal is directed against the judgment and order dated 11.5.09 of a learned Single Judge of the High Court Division making the rule being Civil Revision No. 157 of 2003 absolute and thereby setting aside the judgment and decree of the courts below and decreeing the suit ......as been wrongly recorded in the name of one Aderjaman and other, predecessors of the defendants in khatian No.117. The plaintiff learnt about the wrong record in the S.A. khatian on the basis of so-called partition suit No.172 of 1929. The defendant no. 5 with the help of other defendants forcibly...... in accordance with the Rules. The order of stay granted earlier by this Division shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 394. ..Category: Property Law | Date: | Hits: 43
Walilullah Vs. Hasina Begum and others, 2009, 38 CLC (AD)
....laneous Case No. 62 of 1995, contending inter alia that the papers and documents in support of the possession of the defendant had been filed earlier in Court. 5. The learned Assistant Judge also found the necessary documents in the record of the suit. Thereafter, by his judgment and order da......reads as follows: "8.........................the plaintiff again brought the defendants back and allowed them to live as licensee in another but standing on the 'C' schedule land hereinafter called the suit property. 9. ..........The defendants had to live in a rented house outside t......ned in schedule C to the plaint in favour of the defendants within the period of 1 (one) month from the date of receipt of this Order. Ed. This Case is also Reported in: VII ADC (2010) 377. ..Category: Civil Law | Date: | Hits: 105
.... short, are that the arbitration related to the alleged dispute which arose between the parties in the matter of the alleged failure of the respondent to deposit the sale proceeds for those tickets sold from the month of July till the 2nd of September 2002. It also dealt with the counter claim of ......ng to interfere with the judgment of the High Court Division in setting aside the award.
Accordingly the leave petition is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 361.
......he performance guarantee furnished by the respondent to the amount of USD1.50 million and the sale proceeds received from two subagents (which step the claimant had to undertake to mitigate further loss as per section 73 of the Contract Act) terminated the GSA Agreement on the ground of default un..
Category: Alternative Dispute Resolution | Date: | Hits: 207
....int District Judge and Artha Rin Adalat, 3rd Court, Rajshahi, in Money Execution Case No.38 of 1995 arising out of Artha Rin Suit No.16 of 1992 by which the writ petitioner was ordered for civil imprisonment for a period of three months (90 days) under the provisions of Section 34 of the Artha Rin A......sions of Section 34 of the Artha Rin Adalat Ain, 2003, we are of the view that the impugned judgment and order has been passed by the High Court Division in accordance with law and no interference is called for.
Accordingly, the application for leave to appeal is dismissed.
This Case i......with law and no interference is called for.
Accordingly, the application for leave to appeal is dismissed.
This Case is also Reported in: 15 MLR (AD) (2010) 96; 15 BLC (AD) (2010) 113.
..
Category: Civil Law | Date: | Hits: 121
Khondker Delwar Hossain Vs. Speaker, Bangladesh Jatiyo Shangshad (Parliament), 1998, 27 CLC (HCD)
...., relates to the construction of several Articles of the Constitution against defection by the members of Parliament. The question was raised by the two petitioners, Khondker Delwar Hossain and Professor A.Q.M. Badruddoza Chowdhury. Their case, as stated in the petition, is that Md. Hasibur Rahman S...... 12, 1996 from the national constituency No. 67, Sirajganj—7 and national constituency No. 56, Rajshahi-5 respectively. They were nominated as candidates by the Bangladesh National Party, hereafter called the B.N.P. and both of them were members of the Parliamentary Party of the B.N.P. Ignoring th......two B.N.P. members of Parliament, to the Election Commission within thirty days from the receipt of this order. Ed. This Case is also Reported in: 19 BLD (HCD) (1999) 45, 51 DLR (HCD) (1999) 1. ..Category: Constitutional Law | Date: | Hits: 171
Secretary, Parliament Secretariat, Dhaka Vs. Khandker Delwar Hossain and others, 1999, 27 CLC (AD)
....respondent No. 2 in Writ Petition No. 1163 of 1998, is from the judgment and order dated 27.8.98 passed by a Division Bench of the High Court Division in the said writ petition Making the Rule Nisi absolute and directing respondent No.1, Speaker, Bangladesh Jatiyo Sangshad (respondent No. 3 herein) ...... been alleged that the said members of Parliament being the members of BNP and knowing full well that their own political party BNP is not a partner/supporter of the Hon’ble Prime Minister's so-called "consensus Government" have taken oath as Deputy Minister/State Minister of the Government ......their seats pursuant to Article 70 of the Constitution to the Election Commission within 7 (seven) days from receipt of this order. Ed. This Case is also Reported in: 19 BLD (AD)(1999) 276. ..Category: Constitutional Law | Date: | Hits: 138
Abdur Razzak and others Vs. Md. Habejuddin and others, 2010, 39 CLC (AD)
....r leave to appeal has been filed. 5. It appears that admittedly Samiruddin was owner of 14.22 acres of the suit-land in C.S. Khatian No.22 which was recorded in his name. He died leaving two sons, namely, the plaintiff and Sheik Felo and two daughters. The Trial Court as well as the High Co......ce of the concerned Sub-Registrar. As such, the certified copy of the Heba-bil-ewaz was not proved. However, in the High Court Division, on the prayer of the defendant-petitioner the volume was called for but the same did not tally with the certified copy of the Heab-bil-ewaz. As such, the pet......e High Court Division is set aside with the above directions. Accordingly, the petition for leave to appeal is disposed of. Ed. This Case is also Reported in: VII ADC (2010) 336. ..Category: Property Law | Date: | Hits: 19
Md. Asheque Ali Vs. Md. Shamsul Hoque Sarder and others, 2010, 39 CLC (AD)
....hey gave pattan of the said property to Sakhawat Ali and Babor Ali, who cultivated the same. The S.A. record has been prepared in the names of Sakhawat and Babor Ali. On 18th March, 1963 Shakawat Ali sold 50 decimals of land to the plaintiffs father Obaidul by a registered deed and delivered him p......-petitioner will be at liberty to file a fresh suit, if so advised, on fresh cause of action for allotment of sham, if there be any. Ed. This Case is also Reported in: VII ADC (2010) 333. ......sent Dag No. 1079. The defendants have been possessing the suit property since their obtaining said deed of baina pattra. The plaintiff and the defendant No.4 are father and son who in order to cause loss and damage to the defendants have filed the present suit by creating the aforesaid sale deed ..Category: Property Law | Date: | Hits: 18
Elahi Mondal Vs. Juran Mondal and others, 2009, 38 CLC (AD)
....f stated, inter alia, that .21 acres of land of plot No.243 belong to Nayeb Ali and others and they transferred the same to Abdur Rahim Sheikh by a deed of Sale dated 08.02.39 and after his death his son Mahatab Sheikh got the same and he settled the same in favour of Hemat Ali, thereafter the plain......he concurrent finding of facts should not be disturbed unless it is manifestly perverse and some are of the view that there being no illegality or infirmity in the above decision no interference is called for." 9. Having considered all the aspect of the matter we are of the view that this D......e do not find any new ground for review of the impugned Judgment and order. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 307. ..Category: Property Law | Date: | Hits: 20
Mohiuddin Khan and another Vs. Shihamul Haque and others, 2009, 38 CLC (AD)
....le and ownership and validity of the deeds in question could be gone into and decided only by a civil court, the appellants out of the proceedings of the above Misc. Appeal Case No.13 of 1981 and also from the contents of the annexures of the above Writ Petition No.159 of 1989 for the first time c...... efflux of time on 31-12-1964 as held in 17 DLR 451, the above proceeding of Exchange Case No.35/69-70 stated on 24-7-1969 for forfeiting the land of the appellants for the purpose of granting so-called settlement is without jurisdiction. The possession of the property in question was always wit......plaint and a decree for declaration that the settlement deed described in schedule ‘B’ is not binding on the plaintiffs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 129. ..Category: Property Law | Date: | Hits: 29
Md. Khorshed Alam and another Vs. Mohammad Ali and others, 2009, 38 CLC (AD)
....191 of 2005 against the defendant No.1 and 2 for a declaration that he is the legal allottee of the Shop No. 19 of the Younusco City Center and the defendants have no right to cancel the same and for some other reliefs. The Suit was filed in the First Court of Joint District Judge, Chittagong, which......earned Advocate for the petitioners in both of the leave petitions. Accordingly, both of the leave petitions are dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 223. ......the said suit shop has been allotted in favour of one Md. Khorshed Alam against his application for allotment fixing the consideration amount at Tk.22,54,600/- and thereby the defendants suffered a loss of Tk.58,400/- and the prayer for injunction is liable to be rejected as the plaintiff has no p..Category: Property Law | Date: | Hits: 20
Tanvir Ul Islam Vs. General Manger, Credit Information Bureau, Bangladesh Bank, 2009, 38 CLC (AD)
....tion filed aforesaid writ petition praying for amongst others, the following relief (a) "That a Rule Nisi be issued upon the respondent to show cause as to why the Credit Information Bureau report in so far as it links the petitioner to the pro-forma respondent (Quasem Cotton Mills Ltd.) and its lia......as the Director of the said company and accordingly by letter dated 5th October, 2000 the petitioner tendered his resignation, pursuant to which a meeting of the Board of Directors of the company was called on 10th October, 2000 in the said meeting the resignation of the petitioner was on discussi...... report has been prepared accordingly. We find substance in this submission. Accordingly these leave petitions are dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 197...Category: Business or Commercial Law | Date: | Hits: 216
Anath Chandra Barman Vs. Government of Bangladesh, 2009, 38 CLC (AD)
....the report submitted by the Upazilla Nirbahi Officer and others and thereafter prepared his report with a recommendation for lease in favour of the petitioner. The concerned Deputy Commissioner also with his report addressed to the respondent No.1 annexed all relevant documents. 9. While ......years under development scheme as per guide line. 5. The office of the respondent No.1 issued memo under the signature of the respondent No.2 on the application of the petitioner for lease and called for report from the Deputy Commissioner, Kishoregonj on the acceptability of the petitioner......t the lease as prayed for. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 191. ..Category: Property Law | Date: | Hits: 26
Md. Fazlul Haque Vs. Abdul Malek alias Maya Miah and another, 2009, 38 CLC (AD)
....dant for eviction of the defendant from the suit premises stating, inter alia, that the suit Taluk No. 46687 of 1979 under mouza Chottrish of Upazila Fenchegonj and other land belonged to the predecessor of plaintiff, Mohammad Asim and his 2 brothers namely Mohammad Asim and Mohammad Kosir though ......Court rejecting the prayer for enlargement of time. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 181. ......name of the defendant No.1. The boundary as described in the plaint is incorrect and unspecified and without holding local investigation the plaintiff can not get any relief. With a view to causing loss to the defendant the plaintiff by withdrawing earlier suit instituted the instant suit with fal..Category: Property Law | Date: | Hits: 29
Kazi Ali Ahmed Vs. Mohammad Nurunnabi and others, 2009, 38 CLC (AD)
....d subsequently said suit plot of 27 decimals fell in the saham of Afsin Matbar on a subsequent mutual partition and while said Afsin Matbar was thus owning and possessing he died leaving behind two sons, four daughters and one wife, who inherited the property and were possessing and enjoying in ej......ch in the instant case has been found to be absent by the Revisional Court. The decision with observations given by the High Court Division appears to be in accordance with law and no interference is called for. 5. Grounds set-forth in the leave petition appear to be of no substance in view of th......ngs of the Courts below. In the premises we do not find any merit in the application. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 137. ..Category: Property Law | Date: | Hits: 37
Abdus Samad Sheikh and another Vs. Khaleda Begum and others, 2009, 38 CLC (AD)
....itioner and rightly rejected the revisional application. We find no substance in this leave petition which is accordingly dismissed with the above observation. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 24. ......onal application. We find no substance in this leave petition which is accordingly dismissed with the above observation. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 24. ......e project report the Bank approved Taka 50 lakh to the plaintiff and the industry was set up enjoying the said Bai Muazzal and Bai Murrabaha investment facility from the Bank but because of financial loss, allegedly suffered by the plaintiff-industry, because of non sanction of further Taka 3 cror..Category: Others | Date: | Hits: 94
Anti-Corruption Commission Vs. Sigma Huda and another, 2008, 37 CLC (AD)
.... the present respondent No.1 was put on trial before the Special Judge No.2, Dhaka who found the respondent guilty under sections 161/109 of the Penal Code and sentenced her to suffer simple imprisonment for 3(three) years by the judgment and order dated 26-8-2007. 3. On 22-3-2007 the De......m of Taka 2,40,00,000 (taka two crore and forty lac) amounting Taka 1 crore and another cash cheque amounting Taka 40,00,000 (Taka forty lac only) was deposited in the account of a weekly publication called "the Khoborer Ontoraley" owned by the respondent No.1 on 17th February 2004 and 23rd April 20......ind that the judgment and order of the High Court Division suffers from any infirmity. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 227. ..Category: Anti-Corruption Laws | Date: | Hits: 143
Anti-Corruption Commission Vs. ATM Nazimullah Chowdhury and others, 2010, 39 CLC (AD)
....Arab Emirates in September, 2006, he rented a house in Abu Dhabi City by exercising undue influence and thereby caused the loss of total 72,000 Dirham from the public exchequer. The writ petitioner also misappropriated total sum of 34,150 Dirham, which was drawn from the Government of Bangladesh as ...... a copy of the order be communicated to the learned Judges of the High Court Division and the leaned Special Judge, Court No.9, Dhaka. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 225. ......r alia, that during his tenure as the Ambassador of Bangladesh to the United Arab Emirates in September, 2006, he rented a house in Abu Dhabi City by exercising undue influence and thereby caused the loss of total 72,000 Dirham from the public exchequer. The writ petitioner also misappropriated tota..Category: Anti-Corruption Laws | Date: | Hits: 186
University of Dhaka and others Vs. Md. Jalal Uddin Chowdhury and others, 2009, 38 CLC (AD)
....nt Mohammad Fazlul Karim J. - The appeal by leave is directed against the judgment and order dated 23-11-2000 passed by the High Court Division in Writ Petition No. 4786 of 1999 making the Rule absolute. 2. The facts involved in the case, in short, are that the respondent No.1 as petitioner u......73 an appeal lies to the Chancellor against any order passed by the Syndicate on the recommendation of the Tribunal but not against any order passed by the Syndicate on the recommendation of the so-called enquiry committee and, as such, the ground taken by the appellants with regard to the non-exh...... for the appellants. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 222, VIII ADC (2011) 288, 16 MLR (AD) (2011) 129...Category: Employment/Service Law | Date: | Hits: 68
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