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Nurul Majid Mahmood Humayun Vs. Brigadier General Hassan PSC (Rtd.) and others, 2010, 39 CLC (AD)
..... Qamrul Islam Siddique, Advocate, instructed by AKM Shahidul Huq, Advocate-on-Record—For the Respondent No.1. None Represented—For the Respondent Nos.2-15. Civil Petition for Leave to Appeal No.308 of 2010. (From the order dated 31-1-2010 passed by the High Court Di......ent No.1 was not given a symbol and, as such, he did not contest the elections. The implication of this entire episode is that he stood withdrawn from the race and was not a candidate pursuant to the amendments made in the Representation of the People Order, 1972, vide the Representation of the......indings and observations, we do not find any merit in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 89. ..Category: Civil Law, Election Law | Date: 7 Oct, 2010 | Hits: 8
Ain O Salish Kendra Vs. Bangladesh, 2010, 39 CLC (HCD)
....ra (ASK) and Aparajeyo Bangladesh filed the instant writ petition seeking an order from this Court declaring the continuous failure of the respondents to ensure healthy, hygienic and safe work place, for the workers within the ‘bidi’ factories of respondents No.3 to 5 in accordance with the prov......h the provisions of the Labour Act. 10. The existing sanctions provided by the law against the manufacturers are patently inadequate. We, therefore, direct respondent No.1 to take steps to ensure amendment of the law to include adequately deterrent punishment so that the perpetrators will heed t......our. (4) The following shall be the powers and functions of the Directors of Labour- (a) to register trade unions under Chapter XIII and maintain a register for this purpose; (b) to lodge complaints with the Labour Courts for action against any offence or any unfair labour practice or viola..Category: Women and Children | Date: 5 Sep, 2010 | Hits: 261
Hasura Begum Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....¦Respondents Judgment August 24, 2010. Result: The Rule is disposed of. The Nari-o-Shishu Nirjatan Daman Ain, 2000 (Act No. VIII of 2000); sections 7/9(1)/30 When any information, either verbally made before the police, or in writing, regarding a cognizable offence is ......nt be communicated to the IGP and to the Ministry of Home Affairs and other respondents at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 195; 30 BLD (HCD) (2010) 481. ...... and in order to conceal that fact the victim had been hidden in some unknown place. This information clearly discloses the ingredients of a cognizable offence. As alleged by the petitioner in her complaint lodged before the Nari-o-Shishu Nirjatan Daman Tribunal on 18-2-2010, the OC of Motijheel Pol..Category: Women and Children | Date: 24 Aug, 2010 | Hits: 187
Prime Global Ltd and others Vs. Artha Ain Adalat No.4, Dhaka and others, 2010, 39 CLC (HCD)
....nd D1) passed in Artha Rin Case No. 293 of 2003 by the said respondent should not be declared to have been passed without any lawful authority and is of no legal effect. 2. Short facts, relevant for disposal of the rule, are that Uttara Bank Ltd., Gulshan Branch, Dhaka (Respondent No.3) filed A......eous Case No. 390 of 2008 (arising out of Artha Rin case No. 291 of 2003) is without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 205 ......Rin Adalat No. 4, Dhaka, against the petitioners and Sonali Bank, BIDC Steel Plant Branch, Chittagong (respondent No. 2) for realization of Taka 17,88,34,045 as outstanding dues. The case of the plaintiff-Uttara Bank is that upon an application by the petitioner No. 1, the Uttara Bank allowed i..Category: Banking Law | Date: 23 Aug, 2010 | Hits: 2
Abdur Rashid Gazi Vs. Nur Ali Gazi and others, 2010, 39 CLC (HCD)
....t aside and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Opposite party No.1 as plaintiff instituted the suit against the petitioner as defendant for declaration of title to, measuring 1.32 acres, confirmation of possession and for permanent inj......he time of issuance of the Rule is hereby recalled and vacated. Send down the lower Courts' records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 315. ......ge, Kaligonj, Satkhira in Title Suit No.6 of 1999 should not be set aside and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Opposite party No.1 as plaintiff instituted the suit against the petitioner as defendant for declaration of title to, meas..Category: Procedural Law | Date: 10 Aug, 2010 | Hits: 4
Ferdous Khan @ Alamgir Vs. Islami Bank Bangladesh Ltd. and another, 2010, 39 CLC (HCD)
....ntry and that the Agrabad Branch is one of them; that the accused is the manÂaging director of Bagdad Exim Corporation Ltd. a private company limited shares; that on the applicaÂtion of the accused for loan, to run its business, the payee Bank sanctioned loan in the name of the comÂpany of the ac......o the effect that, the Magistrate had no jurisdiction to take cognizance in as much as a case under section 138 of the Negotiable Instruments Act is exclusively tribal by the Court of Sessions, since amendment dated 09.02.2006. But, we find this as a misconceived submission. No doubt, section 141(c)......ng of this application under 561A of the Code shortly are that, Islami Bank Bangladesh Ltd., Agrabad Branch, represented by its Principal Officer Abdul Wadud, as the payee, has filed a petition of complaint, against one Ferdous Khan alias Alamgir under section 138 of the Negotiable Instruments Act, ..Category: Banking Law | Date: 1 Aug, 2010 | Hits: 657
Md. Zahirul Islam Vs. Adamjee Jute Mills Ltd., 2010, 39 CLC (HCD)
....€¦â€¦Petitioner Vs. Adamjee Jute Mills Ltd……………………………Opposite Parties Judgment July 20, 2010. Result: The Rule is made absolute. In a suit for causing losses or damages, the plaintiff is required to give specific instance of damages suffer......ntiff opposite party's suit is dismissed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 420. ......jee Jute Mills Ltd……………………………Opposite Parties Judgment July 20, 2010. Result: The Rule is made absolute. In a suit for causing losses or damages, the plaintiff is required to give specific instance of damages suffered by him and the exact loss caused..Category: Limitation Law | Date: 20 Jul, 2010 | Hits: 38
Mohi Ahmed Chowdhury Vs. Kashipur Tea Estate Company Limited and others, 2010, 39 CLC (HCD)
....ellip;…Respondents Judgment July 18, 2010. Result: The application is rejected. The Code of Civil Procedure, 1908 (V of 1908); Order XLI Rule 19 An application for readmission of appeal under Rule 19 of Order XLI is applicable till decree is not drawn up as th......ssal for default. In the result, this application is rejected. Md. Fazlur Rahman J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 309; 18 BLT (HCD) (2010) 415. ......rmines the rights of the parties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final. It shall be deemed to include the rejection of a plaint and the section 144, but shall not include- a) any adjudication from which an appeal lie..Category: Procedural Law | Date: 18 Jul, 2010 | Hits: 140
Abeda Khatun and others Vs. Md. Idris Mia and others, 2010, 39 CLC (HCD)
....ble under order 7 rule 11 of the Code of Civil Procedure should not be set aside and/ or pass such other or further order or orders as to this Court may seem fit and proper. 2. Facts relevant for disposal of the Rule, are that, the opposite parties No.1 to 7 as plaintiffs instituted partiti......order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 308. ...... set aside and/ or pass such other or further order or orders as to this Court may seem fit and proper. 2. Facts relevant for disposal of the Rule, are that, the opposite parties No.1 to 7 as plaintiffs instituted partition Suit No.186 of 1986 in the Court of Munsif, 3rd Court, Comilla whic..Category: Procedural Law | Date: 14 Jul, 2010 | Hits: 3
Kohinoor Chemical Co. (BD) Limited Vs. Unilever Bangladesh Limited, 2010, 39 CLC (HCD)
....e suit No.1 of 2009 in the Court of District Judge, Dhaka against defendant under Section 96 read with section 24(2) of the Trade Marks Act, 2009 seeking following relieves: (a) to pass a decree for permanent injunction restraining the defendant from manufacturing, marketing, distributing, sell...... aforesaid observations Civil Rule No.931 (FM) of 2009 is disposed of. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 60. ......cond Court, Dhaka granting temporary injunction in respect of manufacturing, marketing and selling of fairness cream with trade mark "Fair and Care" described in Schedule-'B' of the plaint of Title Suit No.1 of 2009. 2. Both the appeal and Rule having arisen out of a common ma..Category: Intellectual Property Law | Date: 11 Jul, 2010 | Hits: 269
Dhirendra Nath Mondal Vs. Agrani Bank Ltd and others, 2010, 39 CLC (HCD)
.... 1990 has ousted jurisdiction of all courts and authorities to challenge Judgment and Order of Artha Rin Adalat. But under section 7 of Artha Rin Adalat Ain, 1990 appeal can be preferred against the aforesaid Judgment and order. For preferring appeal 50% of the decretal amount must be deposited. Sec......3 of 2001 is hereby affirmed. However, there will be no order as to costs. Send down the lower Court's record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 301. ......-3-2002) passed by the learned Joint District Judge, 4th Court, Khulna in Title Suit No.93 of 2001 dismissing the suit under Order VII Rule 11 of the Code of Civil Procedure. 2. The appellant as plaintiff instituted Title Suit No.93 of 2001 in the Court of learned Sub-ordinate Judge, 4th Court,..Category: Civil Law | Date: 7 Jun, 2010 | Hits: 6
Roshanally Mohamed Harji and another Vs. AKM Zakir Hossain and another, 2010, 39 CLC (HCD)
....endant-Appellants Vs. AKM Zakir Hossain and another………………………Respondents Judgment May 12, 2010. Result: The appeal is allowed. In a suit for specific performance of a contract, the prime consideration is the bainapatra i.e. the agreemen......ut any order as to costs. Sent down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 85; 20 BLT (HCD) (2012) 532 . ......for his benefit, but some of the deeds were registered in the names of his sons, daughters and wife named, Nasir Uddin Harji, Nazli Hasan, Nostan Hirji and Mrs. Noor Sultan Hirji respectively. In the plaint it has been stated that defendant No.1 being the ostensible owner of the land in suit, with t..Category: Property Law | Date: 12 May, 2010 | Hits: 133
Bangladesh Vs. Raj Rajashore Cakra Narayan Jiue Deity and others, 2010, 39 CLC (HCD)
.... appellant against the judgment and decree dated 31.12.1985 passed by the learned Joint District Judge, Sirajgonj in Other Class Suit No.398 of 1981, dismissing the suit. 2. Short facts relevant for disposal of the appeal are that respondent No.1 as plaintiff instituted other class suit No.398 ......er Class Suit No.398 of 1981 is hereby affirmed. Send down the lower Court records at once. Shahidul Islam J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 340. ......1985 passed by the learned Joint District Judge, Sirajgonj in Other Class Suit No.398 of 1981, dismissing the suit. 2. Short facts relevant for disposal of the appeal are that respondent No.1 as plaintiff instituted other class suit No.398 of 1981 for a declaration of title, interest and posses..Category: Evidence Law | Date: 10 May, 2010 | Hits: 161
Abdul Qadir and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....party Nos.72-78 as plaintiffs instituted Title Suit No.241 of 1999 in the Court of the then Subordinate Judge, 2nd Court, Narayangonj impleading the opposite party Nos.1, 3-71 as defendants praying for declaration of title in respect of 7.50 and 3.50 acres of land as described in the schedule of......ervation made above. The order of stay granted earlier by this Court stands vacated. Communicate this Judgment at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 473. ......it No.241 of 1999 after setting aside the ex-parte decree dated 24.6.2008 should not be set-aside. 2. Relevant facts, in short, are that the present petitioners and opposite party Nos.72-78 as plaintiffs instituted Title Suit No.241 of 1999 in the Court of the then Subordinate Judge, 2nd Cou..Category: Procedural Law | Date: 28 Apr, 2010 | Hits: 4
Amina Khatun and others Vs. State and others, 2010, 39 CLC (HCD)
....after 1969. It can be relied upon the case of Government of Bangladesh Vs. Paresh Chandra Gharani, 50 DLR(AD) 70 wherein it has been held that when the Government failed to prove the legal foundation for enlisting the suit property in the census report of the vested property and the plaintiffs led s......n Title Suit No.351 of 1994 is set-aside. Title Suit No.351 of 1994 is decreed. Send down the lower Court records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 106. ......andra Gharani, 50 DLR(AD) 70 wherein it has been held that when the Government failed to prove the legal foundation for enlisting the suit property in the census report of the vested property and the plaintiffs led some evidence in support of their interest in the suit property the Appellate Court d..Category: Property Law | Date: 26 Apr, 2010 | Hits: 9
Abu Borhan Khan Khokon Vs. The State & another, 2010, 39 CLC (HCD)
....: None appears - For the Petitioner. Nizamul Haque Nazim, Assistant Attorney General - For the State. Criminal Miscellaneous Case No. 14286 of 2007 (An Application u/s 561A Cr.P.C for quashment of proceedings u/s 138 of the Negotiable Instruments Act, 1881 in session case No. 161...... The order of stay granted earlier shall stands vacated. Send a copy of this judgment to the Court concerned for compliance. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 300....... in the Court of the learned Assistant Sessions Judge, Tangail should not be quashed. 2. One Anisuzzaman Ansari (Biplob), Managing Director of Messer's Bangladesh Builders filed a petition of complaint before the learned Magistrate, 1st Class, Tangail on 29.11.2006 regarding an alleged occurren..Category: Banking Law | Date: 25 Apr, 2010 | Hits: 177
Md. Osman Gani alias Faruq Mia Vs. Deputy Commissioner and others, 2010, 39 CLC (HCD)
....plication under Order IX rule 13 of the Code two questions are primarily to be answered: (a) Whether summons were duly served on the defendant, and (b) Whether the defendant has sufÂficient cause for non appearance in spite of the service of summons on him. Mere appearance of the Government Ple....... Office is directed to communicate the order at once. Syed Md. Ziaul Karim J.- I Agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 179; 18 BLT (HCD) (2010) 311 . ......as proper appearance in suit by the Government where there is an allegation that summons were shown to have been served upon them…………………………….(11) The onus lies upon the plaintiff who obtained ex parte decree to prove that summons upon the defendants were duly served. ..Category: Procedural Law | Date: 6 Apr, 2010 | Hits: 111
Md. Tofazzel Hossain and others Vs. People's Republic of Bangladesh, 2010, 39 CLC (HCD)
....petitioners in availing Bank facilities pursuant to the alleged CIB Embargo noted as B-code 2614 and B-code 2615 imposed on 30-06-1998 in the ledger of CIB, Bangladesh Bank. 2. Relevant facts for disposal of the Rule, in short, are that the petitioners are the citizens of Bangladesh and the......f this Judgment and order. Ad interim direction granted earlier at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 235. ...... respective firms M/S T. Hossain and sons and M. Nur Nabi and brothers. In short both the firms ultimately failed to liquidate their respective loan liability as a result the Respondent Bank MEL as plaintiff filed suit for realization of Taka 77,15,048/- in Money Suit No.61 of 1995 in the 1 Cour..Category: Civil Law | Date: 16 Mar, 2010 | Hits: 7
Abdur Rouf Chowdhury (Md.) Vs. Mirza Shahabuddin Ispahani and others, 2010, 39 CLC (HCD)
....nce came into existence some time after the disposal of the suit, the appellate Court would be justified in admitting the additional evidence even at the appellate stage, if the Court thinks that but for the additional evidence there would remain some inherent lacuna and defect in the evidence made ......ondents Judgment March 10, 2010. Result: The appeal is dismissed. Amendment of Pleadings In exercising this power the Supreme Court would be reluctant to allow an amendment which would have the effect of totally altering the nature of the suit or of taking away a...... appeal by the defendant is directed against judgment and decree dated 17-3-2004 passed by the learned Joint District Judge, 1st Court, Dhaka decreeing Title Suit No.23 of 1995. 2. Respondent as plaintiff, instituted the aforesaid suit, for a decree, amongst other, declaring the deed of agreeme..Category: Procedural Law | Date: 10 Mar, 2010 | Hits: 13
Sheikh Hasina Wazed Vs. Government of Bangladesh, 2010, 39 CLC (HCD)
....ed in: ......squo;s entirety, but so far as the same relates to the Petitioner only. There will, however, be no order as to costs. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ...... That theory was followed in the countries of the sub-continent unabated. So, in a plentitude of cases, including those one catalogued below, the Indian superior Courts held that an FIR or a complaint petition can be quashed at a very early stage, at the threshold, if no offence is disclosed b..Category: Anti-Corruption Laws | Date: 9 Mar, 2010 | Hits: 228
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