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Sheikh Hasina Vs. Bangladesh and others, 2010, 39 CLC (HCD)

.... to carry on the Chair’s desire, could not be treated as the functionaries of the Commission. The impugned decision was, therefore, completely without lawful authority. We are also in wholesome agreement with the learned advocates’ submission that since the impugned decision was without ......gladesh, Bangladesh Secretariate, Secretariate Building, Ramna, Dhaka and others......... Respondents Judgment March 4, 2010. Result: The Rule is made absolute. Case Referred to- R Vs. Lowle 1759; Groenvelt Vs. burwell, 1700 1 Ld. Raym 454; R Vs. Herefordshire Magistrat......uption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..

Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 131

Farida Begum Minu and others Vs. Abdul Jabbar being dead his heirs Md. Nurul Amin and others, 2010, 39 CLC (HCD)

....he order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 424. ......site Party Judgment January 6, 2010. Result: The rule is discharged. In a suit for declaration of title and recovery of possession, the plaintiff must prove his title to and possession and dispossession from the suit land. .....................(11) Cases Referre......3 transferred .13 decimals of land to Nurjahan from the plot No.138 vide registered deed No.3061. Nurjahan had no title and interest over the suit land. So her husband the defendant No.3 could not sell any land from the suit land. The defendant No.3 has got some land after the death of his wife ..

Category: Property Law | Date: 6 Jan, 2010 | Hits: 8

Nuvista Pharma Limited Vs. Chairman, National Board of Revenue & ors, 2010, 39 CLC (AD)

....rned Advocate appearing for the petitioner, perused the leave petition, impugned judgment and order passed by the High Court Division and all other connected papers on record. We are in respectful agreement with the decision of the Appellate Division reported in 33 DLR (AD) 298. In view of the........Petitioner Vs. Chairman, National Board of Revenue & ors......Respondents Judgment January 4, 2010. Result: The leave petition is dismissed. Cases Referred to- Injunction on the Bank Guarantee cannot sustain in view of the decision of the Uttara Bank......der. In the premises we do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 302. ..

Category: Business or Commercial Law | Date: 4 Jan, 2010 | Hits: 4

Md. Mainul Haque Bhuyan Vs. Md. Akkas Miah, 2009, 38 CLC (HCD)

....or rejection of the application of the said case contending that the case was not maintainable as the opposite party has filed the said case without taking recourse of arbitration pursuant to tenancy agreement. 4. The learned Assistant Judge and House Rent Controller hearing the application und...... Present: Md. Delwar Hossain J Md. Mainul Haque Bhuyan.............................Petitioner Vs. Md. Akkas Miah...............................Opposite party Judgment October 6, 2009. Result: The Rule is discharged. The Code of Civil Procedure, 1908 (Ac...... Order. Let a copy of the judgment be sent to the Assistant Judge, Second Court and House Rent Controller, Dhaka at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 425. ..

Category: Tenancy Law | Date: 6 Oct, 2009 | Hits: 127

Shamsul Hossain Vs. Anwar Hossain and others, 2009, 38 CLC (HCD)

....ly Brothers was an old and famous jute company and the suit property is coolie shade of Rally Brothers. Rally Brothers proposes to sell the suit property to the Government of Bangladesh. On 23-2-1977 agreement was arrived and pursuant to the said agreement, Rally Brothers delivered possession o.............................Appellant Vs. Anwar Hossain and others..................Respondents Judgment August 20, 2009. Result: The Appeals are allowed. Cases Referred to- Suruj Mai Vs. Babu Lola, AIR 1985 Delhi 96;Hazera Begum Vs. Rowshan Ara Begum, 39 DLR (AD) ....... Rally Brothers tried to evict them but fail. In this way, the predecessors of the plaintiffs acquired title by adverse possession. On 17-9-1996 defendant No. 6 invite tender in Daily Janakantha for selling 'ka' schedule land to the highest bidder. This tendered as not noticed by the p..

Category: Property Law | Date: 20 Aug, 2009 | Hits: 3

Sheikh Mashuk Rahman Vs. State and another, 2009, 38 CLC (HCD)

.... The petitioner started business on behalf of his firm Angel Computers Limited with the complainant company for selling computer accessories imported by the complainant company; that a bilateral agreement was executed on 12-5-05 between the accused petitioner and complainant-company in presence......scellaneous Case No. 154 of 2008. Judgment Md. Rezaul Hasan J. - On an application under section 561A of the Code of Criminal Procedure, this Rule was issued calling upon the opposite party to show cause as to why the proceedings of Metro Sessions Case No.2155 of 2006 arising out of CR No....... 2. The case started upon a petition of complaint on the facts, shortly as follows: The petitioner started business on behalf of his firm Angel Computers Limited with the complainant company for selling computer accessories imported by the complainant company; that a bilateral agreement was exe..

Category: Banking Law | Date: 16 Aug, 2009 | Hits: 190

Shafiullah Chowdhury and others Vs. State, 2009, 38 CLC (HCD)

....arose out of a contract for sale of the case land inbetween the informant and the accused petitioner No.1 by entering into a contract on 9.11.1997 fixing the consideration money at Tk.8 crores. An agreement for sale was executed on 9.11.1997 by the accused petitioner No.1 on acceptance of Tk. 20......sembles certain other nature of case, that is, if it discloses a civil case e.g. non execution and registration of sale deed of a case land……………………………(9) Case Referred to- Akamuddin Ahmed Vs. The State, 27 DLR (AD) 175; Abdul Karim Vs. Shamsul Alam, 45 DLR 578; ......tition of complaint in the Court of Chief Metropolitan Magistrate Dhaka being No.P-1994 of 2005 against the accused petitioners alleging that the accused petitioner No.1 entered into a contract to sell 1.75 acres of land at 62, Purana Paltan Lane, Kakrail (Shortly the case land) fixing Tk. 8 cro..

Category: Procedural Law | Date: 12 Aug, 2009 | Hits: 8

Radha Shyam Sarker Vs. Nani Gopal Sen being dead his heirs: Ashesh Kumer and others, 2009, 38 CLC (HCD)

....as advance. Rent was subsequently enhanced to Tk. 300/- per month. Later on, for the cause of repair, he handed over possession to plaintiff and further paid Tk. 32,500/- as advance. Pursuant to agreement dated 28-07-1987. Afterwards possession was restored to him but advance money for Tk. 7,50...... Nani Gopal Sen being dead his heirs: Ashesh Kumer and others.......................Opposite parties Judgment July 5, 2009. Result: The Rule is made absolute. Case Referred to- Shamsuddin Ahamed Vs. Mohad. Hassan and others, 31 DLR (AD), 155. Lawyers Involved: ...... order of stay granted earlier by this Court stands vacated. Office is directed to send down the record of the case at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 73. ..

Category: Tenancy Law | Date: 5 Jul, 2009 | Hits: 154

Most. Abu Tara Vs. Md. Abdur Rahim Khan and others, 2009, 38 CLC (HCD)

....ered the possession of one room in favour of the opposite party No.1 which is now possessed by one Biswajit Sarker and his family on behalf of the opposite party No.1 as a tenant. That in the deed of agreement (Bainanama) the petitioner undertake to execute and register a sale deed in favour of the ...... The rule is discharged. The finding of facts whether concurrent or not arrived at by the lower appellate Court is final unless it is manifestly perverse.............(12) Cases Referred to- Mustari Bibi and others Vs. Md. Yusuf and others, 12 BLC (AD) 42; Ishaque (Md.) Vs. Ekramul......ic Performance of Contract. 3. The facts of the case, in brief, are that the petitioner is the owner and possessor of the suit lands by purchase. That for need of money the petitioner offered to sell the suit lands which was accepted by the opposite party No.1 and the price of the suit land was..

Category: Evidence Law | Date: 25 Jun, 2009 | Hits: 42

Emran Ahmed & 20 anothers Vs. Bangladesh and others, 2009, 38 CLC (HCD)

....e or a nationalized enterprise it is allowed by the Corporation to manage its affairs according to the rules of its Constitution, that is, its Memorandum of Association and Articles of Association or agreement or deed under which it was originally created, it may be said that such company or enter......ut assigning any reason by giving him a mere three prior months notice or the salary for the said period. However, such power shall only be used sparingly and with fairness. Every employee entering into service has a legitimate expectation to continue in the service till achieving the age of super......iority, back wages and other privileges within 30 days of receipt of a copy of this Judgment. There will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 213. ..

Category: Employment/Service Law | Date: 2 Jun, 2009 | Hits: 35

Sheikh Md. Nurul Haque Vs. State and another, 2009, 38 CLC (HCD)

.... unpaid, either because of the amount of money standing to the credit of that account is insufficient to dishonour the cheque or that it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall, w......e Negotiable Instruments Act is a question of fact which will be decided at the time of trial after taking evidence and thus non-disclosure of date of receipt of notice and consequently the failure to disclose the cause of action can not render the proceedings under section 561A of the Code of C......ds vacated. Send a copy of this order to the Metropolitan Magistrate, Khulna for compliance. Md. Ataur Rahman Khan J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 162. ..

Category: Banking Law | Date: 26 May, 2009 | Hits: 663

Sirajul Islam (Md) Vs. Tauhid Uddin Ahmed & another, 2009, 38 CLC (HCD)

.... unpaid, either because of the amount of money standing to the credit of that account is insufficient to dishonour the cheque or that it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall, w......��…………………… Petitioner Vs. Tauhid Uddin Ahmed & another...................Opposite Parties Judgment May 4, 2009. Result: The Rule is discharged. Cases Referred to- Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan, 60 DLR (AD) 195; Satya Narayan Podder Vs. State, ......ay granted earlier stands vacated. Send a copy of this order to Metropolitan Assistant Sessions Judge, Court, Dhaka for compliance. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 39. ..

Category: Banking Law | Date: 4 May, 2009 | Hits: 280

Zahed Hossain (Md.) Vs. State and another, 2009, 38 CLC (HCD)

....k unpaid, either because of the amount of money standing to the credit of that account is insufficient to dishonor the cheque or that it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall, w......… Accused Petitioner Vs. State and another …………………………Opposite Parties Judgment April 29, 2009. Result: The Rule is discharged. Case Referred to- Ahsan Habib Chowdhury Vs. Multidrive Ltd, 14 BLC 66; Ruby Leather Exports Vs. K Venu (1995)......t be quashed and the same may continue as well. I like to add the above few words in support of my learned brother and I agree. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 386. ..

Category: Procedural Law | Date: 29 Apr, 2009 | Hits: 135

Md. Alauddin Bepari Vs. Somola Khatoon & others, 2009, 38 CLC (HCD)

.... plaintiff did not deposit the same the plaint was liable to be rejected. 4. The plaintiff filed a written objection against the prayer for rejection of the plaint contending, inter alia, that the agreement in question was executed before the said amendment of the Specific Relief Act inserting Se...... Court High Court Division (Civil Appellate Jurisdiction) Present: Afzal Hossain Ahmed J Md. Abdus Samad J Md. Alauddin Bepari…………………….Appellant Vs. Somola Khatoon & others……………………opposite parties Judgment April 21, 2009. Result: ......uit No.11 of 2006 alleging inter alia, that the defendant No.1 got the suit land from Rajuk and mortgaged the same with Sonali Bank, Tanbazar Branch, Narayanganj. He wanted to repay the loan money by selling the suit properties and the plaintiff agreed to purchase the same and the value was fixed at..

Category: Civil Law | Date: 21 Apr, 2009 | Hits: 91

Dr. M. A. Yahia Vs. Md. Abdul Quader and others, 2009, 38 CLC (AD)

.... only because he was the joint lessee of the said property and he suffered a huge loss while construction of the building on the leasehold property due to violation of the terms and conditions of the agreement by the writ petitioners. But the Court took an adverse view on the added respondent No.9. ......No. 1460 of 2008. (From the judgment and order dated 13.07.2008 passed by the High Court Division in Writ Petition No.5022 of 2005). Judgment Md. Abdul Aziz J.- This petition for leave to appeal is directed against the judgment and order dated 13.05.2008 passed by a Division Bench of ......therefore, no substance, in the leave petition and the same is dismissed accordingly. Ed. Case is also Reported in: 14 MLR (AD) (2009) 235; 29 BLD (AD) (2009) 59; 14 BLC (AD) (2009) 109. ..

Category: Property Law | Date: 15 Apr, 2009 | Hits: 36

Jaharlal Bandapadhya and others vs. Most. Begum Jahanara, 2009, 38 CLC (AD)

....laint, contending, inter-alia, that the suit is not maintainable in its present form, the story set forth in the plaint is utterly false and the plaintiff has no cause of action for this suit and the agreement for sale is forged and without any consideration and that originally suit property belonge......st. Begum Jahanara as the plaintiff filed the above mentioned Title Suit against the appellant for Specific Performance of Contract, contending, inter alia, that the suit property originally belonged to Nishi Kanta Bandapadhya, the predecessor and father of the defendant Nos.1 and 2 Shayama Kanta ......ourt Division. In such view of the matter we find not substance in this appeal. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 155. ..

Category: Property Law | Date: 13 Apr, 2009 | Hits: 74

Zahida Ahmed (Liza) Vs. Syed Noor Uddin Ahmed and another, 2009, 38 CLC (HCD)

....e were to leave, he would take no responsibility for her or for the detenu child. 5. In October 2008, the petitioner left the house with the detenu and stated living in a rented house. By mutual agreement, respondent No.1 had regular contact with the detenu, speaking to him daily on the te......lip;………………………………Respondents Judgment March 16, 2009. Result: The Rule is made absolute. Custody of Child The question of welfare will be dealt with by the Family Court which will take i...... There is no order as to costs. Quamrul Islam Siddiqui J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 168, 29 BLD (HCD) (2009) 375, 14 MLR (HCD) (2009) 465. ..

Category: Family Law, Women and Children | Date: 16 Mar, 2009 | Hits: 182

Sontosh Kumar Shaha Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

....t; denotes a person designata; or the judiciary. Without hesitation we would like to say that here the connotation of the Chief Justice is the superior judiciary". 33. We are in humble agreement with his Lordships in respect of the definition of "Full Court" as his Lordships...... ......s judgment at their end. 72. However, there shall be no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 301. ..

Category: Administrative Law, Constitutional Law | Date: 5 Feb, 2009 | Hits: 2

MM Ali Ispahani Vs. MM Ispahani Ltd., 2008, 37 CLC (HCD)

..... 2 in 1972 took the initiative to address the same with the consent and approval of the Three Patriarchs as soon as favourable circumstances permitted the same. Though the parties to this ostensible agreement may be read to have been alerted to the fact of meeting the exigencies of the time and sec......others………………………..Respondents Judgment December 4, 2008. Result: The Application is disposed of. Cases Referred to- M/s. Howrah Trading Co. Ltd. Vs. Commissioner of Income-Tax, Central Calcutta, AIR 1959 (SC...... Trust is being handed back to the learned Advocate for the Respondent Nos. 1 to 6 today. There is no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 206. ..

Category: Company Law | Date: 4 Dec, 2008 | Hits: 505

Mosammat Setara Begum Vs. Al-Arafah Islami Bank Ltd. and others, 2008, 37 CLC (HCD)

....onferred under section 33(7) of the Ain 2003 passed an order conferring title of the petitioner's mortgaged property upon the bank and directed to issue a certificate to that effect. We are in full agreement with the impugned order of the Artho Rin Adalat. 14. Moreover we find that the impug...... Judgment Syed Md. Ziaul Karim J.- This Rule Nisi was issued, on an application under Article 102 of the Constitution of the People's Republic of Bangladesh, calling upon the respondents to show cause as to why the impugned order dated 24-08-2006 (Annexure-E to the writ petition) passe......interest till 19-04-2005. 3. Eventually the suit was decreed ex parte on 18-09-2005. 4. The bank, then put the decree in execution in Artho Execution Case no.,60 of 2006. The bank tried to sell the mortgaged property in auction by complying with the provisions of law laid down in section..

Category: Civil Law | Date: 11 Nov, 2008 | Hits: 4

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