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Mehedi Hasan @ Modern (Md.) and others Vs. State, 2012, 41 CLC (AD)
....d Ariful Islam Asha were put on trial before the Sessions Judge, Gaibandha in Sessions Case No.53 of 2002 and were charged under sections 302/34 of the Penal Code to which they pleaded not guilty and claimed to be tried. 42. The prosecution case as stated by P.W.1, informant (hereinafter referr......ah J, I agree with the conclusions arrived at by my learned brother but since a vital question of law is involved in this appeal, I would like to express my own opinion. 3. Though facts relevant for the disposal of the question involved in these appeals have been exhaustively narrated by my lea......bsp; 82. The first case arose from a judgment and order of the Court of Appeal of the Supreme Court of the Straits Settlement. The action was brought by the respondent, who was money-lender, against the appellant for certain sums of money, in all, amounting to 29,521 dollars. ..Category: Criminal Law, Women and Children | Date: 3 Jun, 2012 | Hits: 30
Bangla Phone Limited Vs. Huawei Tech Investment Ltd. and another, 2012, 41 CLC (HCD)
....dent Nos.1 and 2 has completely neglected to resolve all outstanding issues with the petitioner for which the petitioner has no alternative but to initiate arbitration by filing notice of arbitration claiming compensation for loss and damage suffered under the Contract and accordingly the petitioner......er (DDCSP), operating with utmost goodwill and high reputation. The petitioner company implemented its project by the equipments supplied by the respondent No.1 upon the request dated 27.11.2005 made for the supply and implementation of the Contract for NGN, Optical Transmission and datacom Equipmen......the service rendered by the respondent company to the petitioner may be finally adjudicated by the SIAC Arbitration. However, there shall be no order as to costs. This Case is also Reported in: ..Category: Arbitration Law | Date: 3 Jun, 2012 | Hits: 61
Kazi Md. Habib Ullah Vs.Bangladesh and others, 2012, 41 CLC (HCD)
.... has no locus standi to maintain the present application, for he is not an aggrieved person to challenge the impugned Memo dated 26-7-2010 (Annexure-A). Moreover, he goes to argue that the legitimate claim of the petitioner being rooted is Rule 5(3 A) of the Muslim Marriages and Divorces (Registrati...........Respondents Judgments May 30, 2012. Result: The Rule is discharged. Nikah Registrar needs sanction of law to work According to Rule 6 a Nikah Registrar can perform additional responsibilities for a maximum period of 120 days and in the instant case the said p...... with law. 19. The order of stay granted earlier by this Court is hereby vacated. There will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 372. ..Category: Family Law | Date: 30 May, 2012 | Hits: 7
Bimal Chandra Sen Vs. Md. Waliullah Chowdhury and others, 2012, 41 CLC (AD)
.... are as follows:— Respondent No.13, Dolly Rani Sen alias Dolly Rani Roy after her marriage obtained a probate in Probate Case No.72 of 1985 of the Third Court of Sub-ordinate Judge, Dhaka on the claim that her grandfather Harendra Kumar Sen bequeathed his property situated at 30, Birendera Bose...... in her favour by virtue of an unregistered Will dated 22-3-1969. The Will was probated on 25-5-1986. The appellant herein filed an application under section 263 of the Succession Act, 1925 (the Act) for revocation of the Will as probated in the said probate case impleading Dolly Rani Sen alias Doll......appeal is allowed and the impugned judgment and order of the High Court Division is set-aside, there will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 97. ..Category: Civil Law | Date: 30 May, 2012 | Hits: 47
Government of Bangladesh and others Vs. Nurul Amin and anothers, 2012, 41 CLC (AD)
....agnitude must be such as "to shock the conscience of the Court" and it would be gravely unjust to the person whose fundamental right was violated to require him to go to the civil court for claiming compensation. In awarding and determination of compensation the High Court Divisi...... which may include the, power to award compensation in appropriate cases. The power of the High Court Division under Article 102 is very wide and is not fettered by any legal constaints in the enforcement of the fundamental rights inasmuch as the High Court Division powers to issue such directi......ey were deprived of their normal avocation of life for several days and that the detentions were malafide and made for political victimization and they have been forced to spend huge sum of money as litigation costs and, as such, the High Court Division rightly awarded the monetary co..Category: Constitutional Law | Date: 29 May, 2012 | Hits: 5
Md. Mintu Chowdhury Vs. Khurshid Nayeem and others, 2012, 41 CLC (AD)
....was allowed, but instead of 5. 17 acres, 8.70 acres of land of S.A. khatian No.605 was mutated including the land of plot Nos.1370, 1377, 1383, 1384 and 1385 in respect of which Moqbul Ahmed had no claim. Writ-respondent No.6 (there are two respondent No.6, so, in order to clear the confusion the......da M. Kamal, Senior Advocate and Azim Khair, Advocate instructed by Md. Zahirul Islam, Advocate-on-Record-For Respondent Nos.1-3. Not represented- For Respondent Nos.4-11. Civil Petition for Leave to Appeal No.1573 of 2010. (From the judgment and order dated the 3rd day of June, ......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. ..Category: Property Law | Date: 29 May, 2012 | Hits: 12
H.B. Plastic Industry Vs. Hyundai High Tech Co. Ltd. and others, 2012, 41 CLC (HCD)
....ondence with different authority showing the allegation on behalf of the petitioner, that the respondent No.1 defaulted in supplying the connect machineries to the petitioner and that the packing box claimed to have content the said colour sorter machine, rather a vacant frame Box along with the som......as such heard ex parte and now disposed off by this judgment. 2. The learned Advocate Mr. J.K. Paul, appearing on behalf of the petitioner submit that the petitioner imported colour sorter machine for Rice Mill from the respondent No.1 through the respondent No. 2 the local agent in Dhaka, by ope......r sent notice to the Korean Arbitration Board but nothing happened thereafter although the Korean Arbitration Board has assured the petitioner to wait for the result of the arbitration. But since the money in respect of the L/C may anytime be encashed by the respondent No.1, the petitioner filed a f..Category: Alternative Dispute Resolution | Date: 28 May, 2012 | Hits: 56
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. ......he learned Joint District Judge, 1st Court, Dhaka rejecting the plaint of Title Suit No.33 of 2007 under Order VII Rule 11 of the Code of Civil Procedure. 2. Plaintiff-appellants instituted the aforesaid suit praying for decree as:— “ক) বাদীপক্ষ নালি......ad was opened by Dhaka City Corporation and he also took all the connection relating enjoyment of the suit property and Amir Hossain was stationed in the suit premises as caretaker and having need of money, by saf kabala deed No.148 dated 17-1-1990 transferred 0.1752 acres of land to Moin Uddin and ..Category: Civil Law, Property Law | Date: 27 May, 2012 | Hits: 12
Md. Shahidul Islam Vs. State and another, 2012, 41 CLC (HCD)
....e, cognizable Court No.1 Pabna is hereby quashed. Send a copy of this judgment to the concerned Court immediately. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 545. ......e court of Judicial Magistrate, Cognizance Court No.1 Pabna should not be quashed and/or pass such other or further order or orders as to this court may seem fit and proper. 2. The short facts for disposal of the Rule is that: On 28.11.2010 one Md. Abdus Samad, son of Md. A. Rahman, fu......lainant alleged that at 12 noon on 13.06.2008 the complainant gave Tk.3,50,000/- to the accused Shahidul Islam for arranging service abroad but the accused did not send him abroad or did not return money. In the meantime on 24.04.2009, the complainant got an interview card for the post of Assist..Category: Criminal Law | Date: 13 May, 2012 | Hits: 6
....stated as follows:—
An arbitration proceeding between the appellant Maisha Corporation (Pvt) Ltd and the respondent Bangabandhu Sheikh Mujib Medical University (herein after will be called claimant-company and BSMMU respectively) was started out of a dispute over the supply, acceptance, i......12-2009 passed by the learned Additional District Judge, 2nd Court, Dhaka in Arbitration Miscellaneous Case No.543 of 2009 setting-aside the Arbitral Award dated 21-6-2009.
2. The relevant facts for disposal of the Miscellaneous Appeal may be stated as follows:—
An arbitration p......d Ali in respect of awarding interest against the 2nd party BSMMU in the said award. The Tribunal directed the 2nd party BSMMU to complete acceptance of the Washing Plant and make payment of contract money along with other benefits in the following manner:—
"(1) The parties are bound..
Category: Arbitration Law | Date: 10 May, 2012 | Hits: 16
Abdun Noor and others Vs. Aziruddin and others, 2012, 41 CLC (AD)
....irst schedule land for more than 12 years to the knowledge of all defendants and others and thus acquired title thereto by adverse possession. In the third week of November, 1982 defendant Nos.1 to 4 claimed title to and interest in the first schedule land [attracted by Sylhet Survey (SS) Plot No.34......Judge, First Court, Sylhet in Title Suit No.56 of 1983. 2. The facts involved in the appeal, in brief, are as follows: The appellants herein as the plaintiffs filed Title Suit No.56 of 1983 for declaration of title, confirmation of possession and for permanent injunction in respect of......he appeal is allowed in part and the suit is decreed in respect of 1.11 acres of land in SS plot No. 3433 out of the suit land. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 127. ..Category: Property Law | Date: 8 May, 2012 | Hits: 112
Dr. Moos Bin Shamsher Vs. Ayub Ali and others, 2012, 41 CLC (HCD)
....han, learned Advocates appearing for the defendant-appellant, canvassed before us, three grounds which are:— i) the appellant is not defaulter as he paid rent regularly till today and claim of the plaintiffs that the appellant owes them Taka 3,59,500 as unpaid rent is baseless a......t case defendant being a defaulter cannot restrain the plaintiff landlord from evicting him from the suit premises permanently.....……………… (45) Agreement for lease is void under section 23 of the Contract Act when its object is not lawful and that it hav......ant appellant at no point of time paid the rent as per terms of agreement and out of rent of Taka 45,000 sometimes paid rent, at Taka 500, sometimes 2,000, 5,000 and 10,000 as a result huge amount of money as rent was fallen due. Plaintiffs on 1-9-2002 served legal notice upon defendant under sectio..Category: Contract Law, Tenancy Law | Date: 7 May, 2012 | Hits: 7
Professor Muhammad Yunus and another Vs. Bangladesh, 2012, 41 CLC (AD)
....ad Yunus as the Managing Director was violation of section 14(1) of the Ordinance. 7. Prof. Muhammad Yunus challenged these two orders in Writ Petition No.1980 of 2011 in the High Court Division claiming that he was appointed as Managing Director as per resolution of the Board in accordance wit......; Exen Industries Vs. CCIE, AIR 1971 SC 1025; Century Spinning Vs. Ulhasnagar Municipal Council AIR 1971 SC 1021; Veerappa Vs. B.P. Dalal AIR 1975 SC.778; Council of Civil Service Unions Vs. Minister for the Civil Service (1984) 3 All KR 935 at 949; Mati Ram Deka Vs. NEF Railways, AIR 1964 S.C.600; ......ve observations. The parties would bear their respective costs. Ed. This Case is also Reported in: VIII ADC (2011) 834, 17 MLR (AD) (2012) 121, 64 DLR (AD) (2012) 152 ..Category: Banking Law | Date: 5 May, 2012 | Hits: 220
Sarwar Kamal Vs. State, 2012, 31 CLC (HCD)
....o agitate his grievance and must surrender first to the process of justice, otherwise he remains to be fugitive from justice and could not seek aid or assistance of the process of justice in order to claim right of audience against the process of the Court issued against him . . a fugitive from just......amining the order of the Ministry of Home Affair's to remit the sentence of the petitioner……………(28) Fugitive from justice A man who seeks justice from the Court of law must come before the Court to agitate his grievance and must surrender first to the process of justice, otherwis......stry of Home Affairs and Secretary Ministry of Law Justice and Parliamentary Affairs for their appraisal and future guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 329. ..Category: Criminal Law | Date: 25 Apr, 2012 | Hits: 98
Md. Salim Hossain and other Vs. Artha Rin Adalat, Munshigonj and other, 2012, 41 CLC (AD)
....n auction, the auction purchaser in collusion with the Adalat's staff and others dispossessed him from his land illegally, as his land was contiguous to the land sold in auction. As the land claimed by respondent No.6 is neither mortgaged nor sold in auction, the petitioner did not have the......ip;………….........Respondents Nasima Enterprise..................... ...............Respondents Judgment April 19, 2012. Result: The Civil Petitions for Leave to Appeal are dismissed. Lawyers Involved: Rokanuddin Mahmud, Senior Advocate, i......ealization for decreetal dues of Tk.11, 84,400. In the auction, three bidders participated and the petitioner being the highest bidder, his bid was accepted with a direction to pay the entire auction money within 10-04-2004. Then the sale was confirmed on 10-04-2004 on payment of the entire auction ..Category: Civil Law | Date: 19 Apr, 2012 | Hits: 151
Government of Bangladesh and others Vs. Md. Badal and another, 2012, 41 CLC (AD)
....ncerned Special Tribunals, the criminal case should be resolved there. If the party which initiated the case fail to prove the case, then the aggrieved person shall have the liberty to lay their claims e.g. on the seized gold before the proper authority under the relevant law. In such instance......: The appeals are allowed. Maintainability of writ petition where specific criminal case has already been started When a specific criminal case is started and now pending before the concerned Special Tribunals, the criminal case should be resolved there. If the party wh......ent and clearance under the Baggage Rules, 2000, in short, the Baggage Rules. Respondent No.4, Mobara Khanum, Assistant Commissioner of Customs who was on duty at the relevant time demanded excess money over and above the legal customs duty from the petitioners and said Abul Hossain and she refu..Category: Criminal Law | Date: 17 Apr, 2012 | Hits: 20
Md. Ismail and another Vs. Abul Kashem and others, 2012, 41 CLC (AD)
....n the statutory period of limitation on depositing the requisite amount. 4. The pre-emptee-respondent Nos.2 to 5 appeared in that miscellaneous case and filed written objection challenging the claim of pre-emption. The opposite party No.23, namely, Abul Kashem filed an application on 24.06.19......oner (In Civil Petition No.684 of 2009). Not represented-Respondents (In Civil Petition No.642 of 2009). Not represented-Respondents (In Civil Petition No. 684 of 2009). Civil Petition for Leave to Appeal Nos.642 of 2009 with 684 of 2009. (From the judgment and order dated 14.01......eposited within 1 (one) month. The petitioners are permitted to prepare the paper book out of Court in accordance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 570. ..Category: Property Law | Date: 15 Apr, 2012 | Hits: 149
Monsur Hossain (Md.) Vs. Rahima Khatun and others, 2012, 41 CLC (HCD)
....2 and the purchase of the plaintiff was made during subsistence of the earlier tenancy. While the tenant, with a view to get protection from eviction was depositing rent with the Rent controller, the claim as disclosed in the 106 notice that the plaintiff had informed the defendant about his purchas......, Sadar, Mymensingh in Small Cause Court Suit No.7 of 1996 should not be set-aside and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts relevant for disposal of the Rule are that the plaintiff of the suit is the petitioner before this Court who ......examined as D.W.-1 and one Nurul Islam was examined as D.W.2 and another Md. Hakim was examined as D.W.3. The agreement for lease dated 17-5-1976 was marked as Exhibit "ka". The part of the money order form showing refusal to accept rent for the month of November 1991 (the money so remitte..Category: Property Law | Date: 12 Apr, 2012 | Hits: 6
Commissioner of Customs Vs. Faridul Alam, 2012, 41 CLC (AD)
....ing restricted item which fact the petitioner also admitted by filing application to the Commissioner of Customs prima facie proved that those were imported under mis-declaration, so he could not claim release of the goods simply because those were assessed and the petitioner was allowed to pa...... the judgment. 2. Facts giving rise to this appeal are as follows: The sole respondent as petitioner (hereinafter referred to as the petitioner) filed the above mentioned writ petition before the High Court Division challenging the inaction of writ-respondent Nos.1-3, appellant Nos.1-....... Accordingly, the appeal is allowed. The impugned judgment and order is set-aside. There will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 133. ..Category: Fiscal/Taxation Law | Date: 11 Apr, 2012 | Hits: 9
Palash Barua & others Vs. Anil Kumar Barua and others, 2012, 41 CLC (AD)
....on and added 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......ara Begum Advocate-on-Record-For the Respondent No.1. None Represented—For the Respondent Nos.1-18. Civil Appeal No.395 of 2010. Judgment Md. Shamsul Huda J.- The instant Civil Petition for Leave to Appeal is directed against the judgment and order dated 19-11-2009 passed by a Single B......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. ..Category: Procedural Law | Date: 9 Apr, 2012 | Hits: 30
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