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Human Rights and Peace for Bangladesh Vs. Bangladesh, 2011, 40 CLC (HCD)
....uthorities have disdainfully failed to devise appropriate, eco-friendly waste dumping arrangement. So this as about time that they ravel the net with a stentorian determination to keep our beloved land habitable, to retrieve the lost glory of Buriganga, to regain for it’s water the same transp......taf Hossain, Deputy Attorney General -For the Respondents. Writ Petition No.3676 of 2010. Judgment AHM Shamsuddin Choudhury, J.- The Rule under adjudication, issued on 04.05.2010 was in following terms: “Let a Rule Nisi be issued calling upon the respondents to show ca...... order or orders as to this court may seem fit and proper.” 2. Human Rights and Peace for Bangladesh, a non governmental organization has mooted this petition to project the melanchoni that River Buriganga has been swamped by, with a prayer to seek our resolute and impassioned interve......s also Reported in: ..Category: Environmental Law | Date: 1 Jun, 2011 | Hits: 37
BGP Inc., China National Petroleum Corporation Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....fidavit-in-opposition contending, inter alia, that Petrobangla vide notification dated 17.09.2009 invited for EOI from the eligible contractors in order to get seismic contract for carrying out 2-D land seismic survey involving about 3100 Lkm data acquisition including Data Processing and Interpr......2005 of 2011. Judgment Farah Mahbub J. - In this Rule, issued under Article 102 of the Constitution of the People’s Republic of Bangladesh, the respondents have been called upon to show cause as to why the decision of respondent no.3, communicated under memo no. IMED/CPIU/RP-01/90-2011/151......sh, the respondents have been called upon to show cause as to why the decision of respondent no.3, communicated under memo no. IMED/CPIU/RP-01/90-2011/151 dated 10.02.2011 (Annexure-A), purporting that the petitioner, amongst others, is non-responsive against “Invitation for Engagement of Seis......eported in: ..Category: Civil Law | Date: 29 May, 2011 | Hits: 21
Zeyad Rahman and another Vs. Delta Insurance Company and others, 2011, 40 CLC (HCD)
....reate different classes of share-holders having different rights attached to them. Now I shall consider whether the Articles of Association of the respondent No.1company and provisions of laws of the land applicable thereto or any other instrument, either expressly or by necessary implication, has c......p; May 26, 2011. Result: Both the applications are allowed in part. Delay condonation – an inherent right of the applicant Section 81 of the Companies Act, 1994 provides that, St......; Result: Both the applications are allowed in part. Delay condonation – an inherent right of the applicant Section 81 of the Companies Act, 1994 provides that, Statutory Original Jurisdiction of the High Court Division has the power to condone the delay i......dgment and to report the compliance thereof within 1(one) week thereafter. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 336. ..Category: Company Law | Date: 26 May, 2011 | Hits: 9
Major (Retd.) Rafiq Hasan Faruq Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....or of M/S Blue Bird Garments (Pvt.) Ltd, in course of his business, obtained some loan from respondent No-3. Sonali Bank, Ramna Corporate Branch, Dhaka (shortly the Bank) by mortgaging 24 decimals of land and structures thereon. But he failed to repay the loan. So, the Bank filed Artha Rin Suit No. ......lso Reported in: 16 MLR (HCD) (2011) 281. ......petitioner filed an application under Order 21 rule 83 of the Code Civil Procedure (shortly, the Code) read with section 57 of the Artha Rin Adalat Ain, 2003 (shortly Ain, 2003) stating, inter alia, that the petitioner was willing to pay the entire outstanding dues if the petitioner was allowed to s......ndant No. 3). Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 281. ..Category: Banking Law | Date: 16 May, 2011 | Hits: 179
Md. Badar Uddin and others Vs. Mst. Rezia Parvin and others, 2011, 40 CLC (HCD)
....ich is a misconduct as when an advocate received and filed vokalatnama he is duty bound to appear and defend the case of his litigant client. 3. It is the case of the plaintiff that .0114 acres of land of plot No.1409 appertaining to C.S. khatian No.742 corresponding to S.A. khatian No.1203 of Mo......i, Advocate - For the opposite parties. Civil Petition No.1458 of 2007. Judgment Sharif Uddin Chaklader J.- This rule by the defendants, directed against judgment and decree dated 26.2.2007 passed by the learned District Judge, Jhenaidah in Title Appeal No.41 of 2004 decreeing Title Suit No...... 2002 for easement right of pathway on setting aside the judgment and decree dated 24.4.2004 passed by the learned Senior Assistant Judge Shailakupa, Jhinaidaha. 2. At the out set it is mentioned that it is now become fashion for some lawyers not to attend the Court after obtaining rule and order......ers Vs. Mst. Rezia Parvin and others…………………………...Opposite parties Judgment May 15, 2011. Result: The rule is discharge. Lawyers Involved: No one appears - For the petitioners. S. N. Goswami, Advocate - For the opposite parties. Civil Petition No.1458..Category: Civil Law | Date: 15 May, 2011 | Hits: 29
Tofail Ahmed Vs. State, 2010, 39 CLC (HCD)
....cerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 363. ...... This Case is also Reported in: 63 DLR (HCD) (2011) 363. ......……………………Opposite party Judgment May 15, 2011. Result: The Rule is made absolute. Case Referred to- Indu Bhushan Chatterjee Vs. State, AIR 1955 Calcutta 430. Lawyers Involved: Yousuf Hossain Humayun, Seni......ay 15, 2011. Result: The Rule is made absolute. Case Referred to- Indu Bhushan Chatterjee Vs. State, AIR 1955 Calcutta 430. Lawyers Involved: Yousuf Hossain Humayun, Senior Advocate with Awsafur Rahman, Advocate - For the Petitioner. SK Zahid Sarwar, Deputy Attorne..Category: Anti-Corruption Laws | Date: 15 May, 2011 | Hits: 211
Government of Bangladesh and Others Vs. Md. Gias Uddin Chowdhury and Others, 2011, 40 CLC (AD)
....ions Act, 1952, the rules framed thereunder, the Town Improvement Act, 1953 and the Government and Local Authority Lands and Buildings (Recovery of Possession) Ordinance, 1970 without demarcating the lands by metes and bounds by a properly constituted partition suit and whether the High Court Divisi......nd Others……………..Appellants (In Civil Appeal No. 88 of 2010) The Chairman, Rajdhani Unnayan Kartipakkha……………………..Appellant (In Civil Appeal No.89 of 2010) Vs. Md. Gias Uddin Chowdhury and Others…………………………..Respondents (In both the appeals) ......ioned by the civil Court. 3. Writ petitioners challenged the purported actions of eviction by the appellants from holding No.572 appertaining to C.S. Plot Nos.434, 435 and 436 corresponding to R.S. Khatian No.1145 of R.S. plot Nos.651 and 653 of Mouza Joarshahara, Dhaka Cantonment in the High Court......of Gujarat and another, 1995 Supp (1) SCC 596; M.I Builders PVt. Ltd. Vs. Radhey Shyan Sahu, AIR 1999 S.C. 2468; Heydon case, (1584) 3 Co Rep 7a: 76 ER 637. Lawyers Involved: A.F. Hassan Ariff, Senior Advocate, instructed by Md. Zahirul Islam, Advocate-on-Record- For the Appellants (In Civil Appea..Category: Property Law | Date: 15 May, 2011 | Hits: 100
Md. Abul Hashem Vs. State, 2011, 40 CLC (HCD)
.... stated that Mariam became adult and then she was aged 12 years. She could not tell how many times the boundary of her house were measured. She admitted that before 2/3 years they sold ½ katha land to Hatem Ali who is brother of accused Abul Hashem. She denied the defence suggestion that ther......o Reported in: 16 BLC (2011) 699, 31 BLD (HCD) (2011) 427. ...... Damon Case No.447 of 2000 should not be quashed and/or such other or further order or orders passed as to this court may seem fit and proper. 2. The facts relevant for disposal, in short, are that the accused petitioner Md. Abul Hashem was implicated in Nari-0-Shishu Nirjaton Case No. 447 of ...............................Accused-Petitioner Vs. The State…………………………………………....For the Opposite party Judgment May 15, 2011. Result: The rule is made absolute...Category: Women and Children | Date: 15 May, 2011 | Hits: 95
Category: Civil Law | Date: 12 May, 2011 | Hits: 34
Rupali Bank Ltd. Vs. Sree Babu Jiban Kumer Shaha, 2011, 40 CLC (HCD)
.... for granting loan for an amount of Tk. 1,00,000/- as C.C., hypothecation. The plaintiff bank asked the defendant to mortgage some property and accordingly the defendant mortgaged the .05 decimals of land mentioned in the schedule of the plaint to the bank by a registered deed dated 10.06.1987. Afte......uque Ahmed J. - I agree. Ed. This Case is also Reported in: ...... of 1996 impleading the respondent as defendant for realization of Tk. 1,53,412/- as the principle amount along with interest and other charges. 3. The plaintiff in his plaint stated inter alia that he had been running a grocery shop opening an account being Current Account No.619 with the Rupa......t Vs. Sree Babu Jiban Kumer Shaha ……………Respondent Judgment May 11, 2011. Result The appeal is allowed. Lawyers Involved: Md. Harunur Rashid, Advocate-For the Plaintiff-Appellant. Not represented- the Respondent. First Appeal No. 68 of 1998. ..Category: Banking Law | Date: 11 May, 2011 | Hits: 210
Kyung Hae Maritime Co. Ltd. and others Vs. M.V. BF Glory and others, 2011, 40 CLC (HCD)
....upply of necessary and rendering service to the maritime vessel causes maritime lien upon the vessel itself and since the maritime lien runs with the res alike the order of injunction attached to the land and not against the party, therefore the res itself i.e. the defendant No. 1 vessel have been l......Court High Court Division (Special Original Jurisdiction) Present: AFM Abdur Rahman J Kyung Hae Maritime Co. Ltd 1197-2 choryang 3, Dong Dong-Gu Pusan City Republic of Korea as Manager / M.V. BF Glory (Ex-Kunai) represented by their Constituted Attorney M/S Kabir & Asso......sum of BD. Tk. 11,02,97,152.70 equivalent to U$ 15,90,442.76 to be realized from the principal-defendant jointly and severally. 3. The factual aspect of the plaintiff’s claim, inter alia, is that the plaintiff is a company incorporated in South Korea and engaged in shipping business as Ship ...... Ed. This Case is also Reported in: ..Category: Admiralty Law or Maritime Law | Date: 4 May, 2011 | Hits: 70
M/S. Ace Traders Vs. M. V. DIJENDRALAL and Others, 2011, 40 CLC (HCD)
....tor, Md. Nurul Islam…....Plaintiff. Vs. 1. M. V. DIJENDRALAL, An Indian Flag Carrier Ship having its owners address at T.T. Sheds, 6, Garden Reach Road, Calcutta 700043 India. 2. Central Inland Water Transport Corporation Ltd., T. T. Sheds, 6, Garden Reach road, Calcutta 700043 India, own...... Motijheel Commercial area, Dhaka-1000. 5. Bangladesh Inland Water Transport Authority (BIWTA), represented by senior Deputy Director, Narayanganj river port, Narayanganj 6. M/S. Sontosh Overseas Trade Corporation, 40/5 Strand Road, 6th floor, Calcutta 7000001, India. 7. Business Services ...... People’s Insurance Company Ltd. and proceeded ex parte against the other defendant sand now the same is being disposed off by this judgment. 2. The facts leading to institution of the suit, is that, the plaintiff being a sole proprietorship business concern, represented by its Proprietor Md. N......bsp; Present: AFM Abdur Rahman J M/S. Ace Traders, Zerin Mansion 55, Motijheel Commercial Area, P. S. Motijheel, Dhaka-1000, represented by its proprietor, Md. Nurul Islam…....Plaintiff. Vs. 1. M. V. DIJENDRALAL, An Indian Flag Carrier Ship hav..Category: Admiralty Law or Maritime Law | Date: 27 Apr, 2011 | Hits: 64
Md. Jahir Uddin and others Vs. Md. Molin Ali and others, 2011, 40 CLC (HCD)
....s civil revision are that the petitioners instituted Other Class Suit No.8 of 1997 before the Assistant Judge, Gobindaganj, Gaibandha for declaration of title and recovery of possession over the suit land with a further declaration that two deeds being No.7374 dated 22.5.1967 and No.2494 dated 10.2........ Jahir Uddin and others......................................Petitioners Vs. Md. Molin Ali and others........................................Opposite parties Judgment March 31, 2011. Case Referred to- Hossain Ahmed Chowdury and others Vs. Nurul Amin, 47 DLR (AD) 162. Lawyers In......reby reversing those dated 23.11.2004 passed by the Senior Assistant Judge, Gobindaganj, Gaibandha in Other Class Suit No.8 of 1997 decreeing the suit. 2. Facts leading to this civil revision are that the petitioners instituted Other Class Suit No.8 of 1997 before the Assistant Judge, Gobindaganj............Opposite parties Judgment March 31, 2011. Case Referred to- Hossain Ahmed Chowdury and others Vs. Nurul Amin, 47 DLR (AD) 162. Lawyers Involved: A. B. Roy Chowdhury, Advocate-For the petitioners. Not represented- the Opposite parties. Civil Revision No.2758 of 2006. ..Category: Property Law | Date: 31 Mar, 2011 | Hits: 68
GK Brothers and another Vs. Imperial Chemical Industries Bangladesh Limited, 2011, 40 CLC (HCD)
....p; 3. The plaint's case in nut shell was that the defendant Nos. 1 and 2's transferor entered into a contract on 17-8-1970 with the plaintiff of the instant suit for purchase of the suit land at Taka 3, 30,000 out of which Taka 31,000 was paid as earnest money. The defendant Nos. 1 and ......cipal-Defendant Appellants Vs. Imperial Chemical Industries Bangladesh Limited.........Plaintiff-Respondent Judgment March 20, 2011. Result: The appeal is allowed. Cases Referred to- Wali, 19 DLR (Sc) 143; 28 DLR 392. Lawyers Involved: Fazlul Karim w......) অন্যান্য প্রতিকারাদ বাদীকে প্রদানের বিহীত আজ্ঞা হয়। 3. The plaint's case in nut shell was that the defendant Nos. 1 and 2's transferor entered into a contract on 17-8-1970 with the plaint......gment March 20, 2011. Result: The appeal is allowed. Cases Referred to- Wali, 19 DLR (Sc) 143; 28 DLR 392. Lawyers Involved: Fazlul Karim with Md. Omar Faruk—For the Appellants. No one appears—For the Respondent. First Appeal No. 54 of 1997. ..Category: Civil Law, Procedural Law | Date: 20 Mar, 2011 | Hits: 2
Maulana Mohammad Shamsul Huq and others Vs. Abu Taher and others, 2011, 40 CLC (AD)
....of 1998 decreeing the suit. 2. The present petitioners as plaintiffs filed above mentioned Title Suit No.06 of 1998 for declaration of their title and confirmation of possession in schedule "Kha" land and for declaration of title and recovery of khas possession of schedule "Ga" land as describ...... hence this petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 365. ......possession in schedule "Kha" land and for declaration of title and recovery of khas possession of schedule "Ga" land as described in the schedule to plaint. 3. The plaintiffs' case, in short, is that Bhabani Charan Laha was the owner of 48 decimals of land of C.S. Khatian No.440 as described in ......amsul Huq and others........................Petitioners Vs. Abu Taher and others…………………………..Respondents Judgments March 20, 2011. Lawyers Involved: Abdur Razzaq, Senior Advocate instructed by Mrs. Mahmuda Begum, Advocate on Record-For the Petitioners Not repres..Category: Property Law | Date: 20 Mar, 2011 | Hits: 84
Md. Ferajtullah Sheikh Vs. Md. Yusuf Ali and others, 2011, 40 CLC (HCD)
.... are that Opposite Party No.1, Md. Yousuf Ali filed Miscellaneous Case No. 37 of 1992 (subsequently renumbered as 16 of 1995) before the Assistant Judge, Debhata, Satkhira for pre-emption of the case land under section 96 of the State Acquisition and Tenancy Act. His case, in a nutshell, was that he...... Sk. Forhadul Haque, appearing for Md. Abdul Jabber, Advocate-For opposite party No.1. Civil Revision No. 3904 of 2001. Judgment Md. Ruhul Quddus J. - This Rule at the instance of a vendor, was issued on an application under section 115 (1) of the Code of Civil Procedure to examine the lega......Ferajtullah Sheikh……………………………Petitioner Vs. Md. Yusuf Ali and others…………………….Opposite Parties Judgment March 20, 2011. Lawyers Involved: Joya Bhattacharjee, Advocate-For the petitioner. Sk. Forhadul Haque, appearing for Md. Abdul Jabber, A......………………………Petitioner Vs. Md. Yusuf Ali and others…………………….Opposite Parties Judgment March 20, 2011. Lawyers Involved: Joya Bhattacharjee, Advocate-For the petitioner. Sk. Forhadul Haque, appearing for Md. Abdul Jabber, Advocate-For opposite par..Category: Property Law | Date: 20 Mar, 2011 | Hits: 59
Chunnu Vs. State, 2011, 40 CLC (HCD)
....icting and sentencing the Appellants. In the result, both the appeals are dismissed. Send down the lower Court record. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 127 ...... This Case is also Reported in: 65 DLR (HCD) (2013) 127 ......sed corroborated each other as to the participation and role played by the Appellants in the killing. Thus, since both the Appellants have dealt blows on the body of the deceased, it has been proved that they did it in furtherance of their common intention to cause the death of the deceased or ......(3) The appellant should not get any benefit from the acquittal of accused. In the instant case, the eye-witness versions of the P.W. 3 and P.W.11 and the said dying declaration of the deceased corroborated each other as to the participation and role played by the Appellants in the killing. Thu..Category: Procedural Law | Date: 15 Mar, 2011 | Hits: 6
Anwarul Alam (Md.) Vs. Pubali Bank Ltd and others, 2011, 40 CLC (HCD)
....ndments also, made from time to time in the generic law on the subject adopted by general reference. This principle of construction of a reference statute has been neatly summed up by Sutherland, thus: "A statute which refers to the law of a subject generally adopts the law on th......ellip;…………..Petitioner Vs. Pubali Bank Ltd and others...............Respondent Judgment March 13, 2011. Result: The Rule is discharged. Cases Referred to- MH Chowdhury Vs. GM, Titas Gas Transmission and Distribution Co. Ltd. 1981 BL......e respondent No.7 allowing the petitioner to go on LPR from 25-2-2009 should not be declared to have been made without any lawful authority and hence, of no effect. 2. Facts, in brief, are that the petitioner being a freedom fighter was issued a certificate from Bangladesh Muktijoddha Sang......lls Ltd Vs. Income Tax Officer (Investigative), 26 DLR 5; Rupali Bank Ltd Vs. Arab Ali, 7 BLC (AD) 01. Lawyers Involved: AKM Fakhrul Islam—Far the Petitioner. Mahmudul Islam, Senior Advocate with MA Hannan, Advocate with—For the Respondent Nos. 4 & 5. Writ Petitio..Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2011 | Hits: 3
Mokles Uddin Bhuiyan Vs. Rabi Chowdhury, 2012, 41 CLC (HCD)
....The learned Advocate further submitted that both the Courts erroneously found that there was a irregularity in the auction sale but did not consider that the petitioner got possession over the suit land immediately after the auction sale but the opposite party did not take any initiative at the ......n………………………Defendant-Appellant-Petitioner Vs. Rabi Chowdhury………………………Opposite Parties Judgment March 11, 2012. Result: The Rule is discharged. Cases Referred to- 32 DLR 168; Government of Bangladesh Vs. Mashiur Rahman, 50 DLR (AD) 205; Shamb......hose dated 16-3-1994 passed by the Assistant Judge, in-charge, Singair, Manikganj in Miscellaneous Case No.55 of 1984 should not be set aside. 2. The facts for disposal of the Rule, in short, are that opposite party No.1 as petitioner filed Miscellaneous Case No.55 of 1984 against the petitione......Referred to- 32 DLR 168; Government of Bangladesh Vs. Mashiur Rahman, 50 DLR (AD) 205; Shambhu Nath Poddar Vs. Bangladesh Railway, 43 DLR (AD) 82. Lawyers Involved: M Asif Hasan, Advocate - For the Petitioners. Md. Jalaluddin, Advocate - For the Opposite Party Nos.1(a)-1(c) Civi..Category: Civil Law | Date: 11 Mar, 2011 | Hits: 185
Category: Civil Law | Date: 23 Feb, 2011 | Hits: 10