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Category: Arbitration Law | Date: 10 May, 2012 | Hits: 16
Kali Mohan Das Vs. Mossammat Firoza Begum and others, 2012, 41 CLC (AD)
....l of the appeal. The appeal will be heard along with the appeal arose out of the Civil Petition No.293 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 873; 9 ADC (2012) 862. ......r pre-emption under section 96 of the State Acquisition and Tenancy Act before the learned Senior Assistant Judge, Companygonj, Noakhali stating, inter alia, that he is a co-sharer tenant to the case holding by way of inheritance and purchase. Because of misunderstanding, the seller-respondent No.3,..Category: Property Law | Date: 10 May, 2012 | Hits: 7
Dr. Moos Bin Shamsher Vs. Ayub Ali and others, 2012, 41 CLC (HCD)
....onship. This defendant established "Datco Private Limited" Company and this defendant through this Company earned foreign currency for this country. Defendant at first took rent of the disputed premises at a monthly rental at Taka 25,000 from 1984 and thereafter, upon an agreement, te...... (AD) 83, learned Advocate also submits that bona fide requirement that the landowner has shown that they have no other premises in Dhaka is being the presence of element of 'must' for upholding bona fide requirement. Learned Advocate next relied on the case of 27 DLR 643, 14 BLT (AD) 8..Category: Contract Law, Tenancy Law | Date: 7 May, 2012 | Hits: 7
Professor Muhammad Yunus and another Vs. Bangladesh, 2012, 41 CLC (AD)
....vice Recruitment Rules, 1956. The High Court ought, therefore, to have admitted the petition and issued a rule so that the grounds of challenge set out in the petition could be examined on merits. No disputed questions of fact appeared to arise in the petition and in any event until a return was fil......er decision of the Board without approval of the Bangladesh Bank in accordance with section 14(1) of the Ordinance, that his continuation in such office was not legal and that he was not legally holding the office of Managing Director. On 2nd March, 2011 the Bangladesh Bank intimated the Chairm..Category: Banking Law | Date: 5 May, 2012 | Hits: 220
Rajuk Karmachari Bahumukhi Samabaya Samity and another Vs. M/s Al-Razib Traders, 2012, 41 CLC, (HCD)
....py of this judgment. Send a copy of this judgment to the Court of the learned District Judge as expeditiously as possible. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 285. ......ion case as per provision of Arbitration Act, 2001. Special law prevails over general law Arbitration act is a special law for adjudication of the dispute between the parties who agreed for holding of arbitration as such it shall prevail over general law. No civil revision against arb..Category: Arbitration Law | Date: 3 May, 2012 | Hits: 18
Sarwar Kamal Vs. State, 2012, 31 CLC (HCD)
....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. ......f remission of sentence of the petitioner by the President the learned Assistant Sessions Judge by its order dated 30-6-1997 had issued warrant of arrest and conviction warrant against the petitioner holding that he (petitioner) did not surrender after the disposal of the appeal to serve out the rem..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)
....pted the submissions made by Mr. Rokanuddin Mahmud adding that the plaintiff-bank would be in serious problem in recovering its outstanding dues unless the auction purchaser is allowed to possess the disputed land in which he was inducted into possession through the Adalat. 12. Mr. AM Aminuddin......e in both the Civil Petitions for Leave to Appeal. Accordingly, both the Civil Petitions for Leave to Appeal are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 154. ..Category: Civil Law | Date: 19 Apr, 2012 | Hits: 151
Government of Bangladesh and others Vs. Md. Badal and another, 2012, 41 CLC (AD)
....as lodged in each case under section 56(1) of the Act and section 25B of the Special Powers Act, which are now pending before the Special Tribunal for trial. The concerned writ petition involved disputed questions of fact which could not be resolved in summary proceedings under article 102 of ......l to the following effect: "Mr. AF Hassan Ariff, learned Attorney-General representing the Government of Bangladesh and others submits that the High Court Division committed an error in not holding that the respondent did not disclose his profession and source of income that he did not m..Category: Criminal Law | Date: 17 Apr, 2012 | Hits: 20
Md. Ismail and another Vs. Abul Kashem and others, 2012, 41 CLC (AD)
....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. ......pplication on 24.06.1999 praying for being added as co-preemptor under section 96(4) of the State Acquisition and Tenancy Act stating, inter alia, that he was a co-sharer by inheritance of the case holding. But the said application was rejected by the order dated 24.06.1999 on the ground that the ..Category: Property Law | Date: 15 Apr, 2012 | Hits: 149
Monsur Hossain (Md.) Vs. Rahima Khatun and others, 2012, 41 CLC (HCD)
....ecord by the trial Court failing which the plaintiff would be at liberty to execute the decree as per law. Record be send down. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 207. ......ked as Exhibit "Ga' series (86 in numbers). 7. The learned Assistant Judge upon considering the evidence on record dismissed the suit by the impugned judgment and decree dated 20-4-1999 holding that, the defendant was not a defaulter in paying rent and no attornment was made as require..Category: Property Law | Date: 12 Apr, 2012 | Hits: 6
Securities and Exchange Commission Vs. Dona Securities and others, 2012, 41 CLC (AD)
....ellant is directed to file the concise statements within 4 (four) weeks from the date of receipt of the leave granting order. Ed. This Case is also Reported in: 9 ADC (2012) 802. ......ellant is directed to file the concise statements within 4 (four) weeks from the date of receipt of the leave granting order. Ed. This Case is also Reported in: 9 ADC (2012) 802. ..Category: Business or Commercial Law | Date: 10 Apr, 2012 | Hits: 212
Category: Company Law | Date: 9 Apr, 2012 | Hits: 223
M/S. Talukder Chemicals Limited Vs. Government of Bangladesh and others, 2012, 41 CLC (HCD)
.... the trial court in the impugned judgment are not tenable in the eye of law. The finding of the learned Joint District Judge that the plaintiffs failed to prove their right, title and interest in the disputed land mentioned in the C.S. Khatian No. 388 and C.S. Plot No. 167, is contrary to evidence a......by set aside and the suit is hereby decreed . Communicate a copy of this judgment and decree immediately. Nozrul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: ..Category: Evidence Law | Date: 3 Apr, 2012 | Hits: 113
Md. Mostafa Vs. Bedena Khatun and another, 2012, 41 CLC (HCD)
....no merit, is discharged. The stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Soumendra Sarker J.- I agree. Ed. This Case is also Reported in: ......ommitted on her. In our society, a woman generally does not raise any false allegation touching her own reputation and character. In such a case, truth of her allegation cannot be ascertained without holding trial and therefore, the Rule is liable to be discharged. 8. In the petition of complaint..Category: Women and Children | Date: 1 Apr, 2012 | Hits: 158
Mokbul Hossain Mridha and others Vs. Md. Shamsul Haq Sarder and others, 2012, 41 CLC (AD)
....ly, the Appeal is allowed and the impugned judgment and order dated 21-4-2003 is hereby set aside. There is no order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 97. ......-2003, the High Court Division recalled its earlier judgment and order dated 19-8-2002 and restored the Rule to its original file and number. On 21-4-2003, the High Court Division discharged the Rule holding that concurrent findings of facts of the Courts below should not be disturbed in revision. ..Category: Procedural Law | Date: 20 Mar, 2012 | Hits: 88
Abu Azam Md. Yunus Miah and another Vs. State, 2012, 41 CLC (HCD)
....rdingly, the Rule is disposed of. Send down the lower Court records to the Court concerned at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 74. ......Additional Sessions Judge and Anti-Smuggling Tribunal, Sylhet. The learned Additional Sessions Judge after hearing the said Criminal Motion by its judgment and order dated 26-8-1992 rejected the same holding that the CR Case No.292 of 1981 was maintainable and in taking cognizance the Sub-Divisional..Category: Criminal Law | Date: 19 Mar, 2012 | Hits: 7
Category: Company Law | Date: 19 Mar, 2012 | Hits: 689
Md. Nurul Islam Khan and others Vs. Azizul Islam and others, 2012, 41 CLC (AD)
.... paper book out of court in accordance with rules. The order of stay granted earlier shall continue till disposal of the appeals. Ed. This Case is also Reported in: 9 ADC (2012) 635. ......avour of Azizul Islam (defendant No.1) is void, inoperative and not binding upon the plaintiff and since the plaintiff Rokeya has not executed the deed in question, the High Court Division erred in holding that the instant suit for mere declaration is not maintainable. III. Because the High C..Category: Procedural Law | Date: 19 Mar, 2012 | Hits: 119
Luthfor Rahman (Md.) Vs. Bangladesh & others, 2012, 41 CLC (HCD)
....s set-aside. Title Suit No.5 of 2006 is decreed. 21. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 124. ......he High Court Division and the appellate Court were not in error or any kind in decreeing the suit. In the background of the materials on record the High Court Division has not committed any error in holding that there was exchange of the ‘A’ schedule properties with the 'B' sche..Category: Others | Date: 18 Mar, 2012 | Hits: 5
Category: Banking Law | Date: 12 Mar, 2012 | Hits: 7