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....hall facilitate compromise of disputes in the suit between the parties without directing or dictating the terms of such compromise.”
223. The Family Courts Ordinance, 1985 provides for the settlement of disputes through conciliation or compromise after filing of a written statement in a p......hes of the authorities. As such, the persons who are unable to file a formal application, cannot be without remedy in vindication of their rights guaranteed under the Constitution and the laws of the land. If so, it would be in total negation of the spirits enshrined in our sacred Constitution.
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Category: Civil Law | Date: 12 May, 2011 | Hits: 34
Rupali Bank Ltd. Vs. Sree Babu Jiban Kumer Shaha, 2011, 40 CLC (HCD)
....aintiff. Send down the lower court records along with a copy of this judgment immediately to the court concerned. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ...... 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..Category: Banking Law | Date: 11 May, 2011 | Hits: 210
Syed Moazzem Hossain (Md.) Vs. Tahsia Khanam and others, 2011, 40 CLC (HCD)
....above circumstances, the defendant bank by its letter dated 9-4-1991 informed the plaintiff that it was unable to register any transfer of shares and requested the plaintiff to take up the matter for settlement with Md Sarkum Ali. (ix) That on 4-5-1994 the plaintiff requested the bank to settle......nt enforcement. It may be express or, where there is knowledge of the right, it may be implied from the conduct which is inconsistent with the continuance of the right (Halsbury's Laws of England, 3rd edition, volume 37, page 152). In the case of Associated Hotels Vs. Ranjit Singh, rep..Category: Company Law, Procedural Law | Date: 8 May, 2011 | Hits: 9
Kyung Hae Maritime Co. Ltd. and others Vs. M.V. BF Glory and others, 2011, 40 CLC (HCD)
.... rendered other services in various ports including the port of Marcel in Korea from 1st October, 2008 till 30-4-2009. The plaintiff through various e-mail, sent to the defendant No. 2, requested for settlement of their claim, but the defendant No. 2 did not respond to the plaintiff’s claim and th......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..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)
....es Insurance Company Limited on contest and also against the defendant Nos.1, 2, 3, 5, 7, 9 and 10 ex parte. However, there shall be no order as to costs. Ed. This Case is also Reported in: ......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..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)
.... dated 23.11.2004 passed by the Assistant Judge, Gobindaganj, Gaibandha in Other Class Suit No.8 of 1997 is maintained. Send down the lower Court records. Ed. This Case is also Reported in: ......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...Category: Property Law | Date: 31 Mar, 2011 | Hits: 68
GK Brothers and another Vs. Imperial Chemical Industries Bangladesh Limited, 2011, 40 CLC (HCD)
.... land in favour of appellants through court. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 543 ......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 ..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)
....tle and also recovery of possession in 4 decimals of land described in schedule "Ga" to the plaint. Admittedly these 6 decimals of land belonged to Biadhan Bia. Biadhan Bia and Khaliler Rahman took settlement of 48 decimals of land including the entire 13 decimals of land of suit plot No.2687 from......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..Category: Property Law | Date: 20 Mar, 2011 | Hits: 84
Md. Ferajtullah Sheikh Vs. Md. Yusuf Ali and others, 2011, 40 CLC (HCD)
....he result, the Rule is discharged without any order as to costs. The order of status quo passed on 6.8.2002 is vacated. Send down the lower Court records. Ed. This Case is also Reported in: ...... 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..Category: Property Law | Date: 20 Mar, 2011 | Hits: 59
Anwarul Alam (Md.) Vs. Pubali Bank Ltd and others, 2011, 40 CLC (HCD)
.... it is liable to be discharged. 32. In the result, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 448. ......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..Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2011 | Hits: 3
Mokles Uddin Bhuiyan Vs. Rabi Chowdhury, 2012, 41 CLC (HCD)
.... The order of status quo granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 471. ......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 ..Category: Civil Law | Date: 11 Mar, 2011 | Hits: 185
.... Corporation Vs. Bangladesh Jute Mills Corporation reported in 8 MLR (AD) 4 = 55 DLR (AD) 23 proceeded to the effect that section 10 of the Arbitration Act, 2001 provides for reference of dispute for settlement by arbitration if there is any such clause in the contract agreement and in that eve......at the Chief Engineer, Bangladesh Export Processing Zone Authority (BEPZA) issued work order being No. BEPZA/CE-11-99/71 dated 12-2-2001 in his favour through tender procedures for development of the land of Kha Goup being eighteen industrial plots with construction of roads of Comilla EPZ (Export P..
Category: Civil Law | Date: 23 Feb, 2011 | Hits: 10
....ubstance hi the submissions of the learned Advocate for the petitioners.
Accordingly, the leave petition is dismissed.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 119.
......ving no right, title, interest and possession over the assets of Hussain Fabrics Ltd. got 10 Ansars posted therein. Some unscrupulous persons had tried to dispossess the defendants from the land allotted to the defendant No.1 the company and finding no other way the defendant No.2 filed a ..
Category: Civil Law | Date: 17 Feb, 2011 | Hits: 5
Jamiul Hossain Vs. Government of Bangladesh & Others, 2011, 40 CLC (HCD)
....un and Abul Bashar by registered deeds of sale. Subsequently, respondent No.7 and others got their names mutated against the case land by Mutation and Separation Case No.3722/76-77. In the revisional settlement the names of respondent No.7 and others were recorded in plot No.5306 of R.S. Khatian No.......on neither decides the complicated question of title nor the disputed question of fact.....................(34) Cases Referred to- Md. Aftab Ali Sheikh Vs. Director Land Records, Directorate of land records and surveys, Tejgaon, Dhaka and others, 11 MLR (HC) (2006) 226; Md. Aftab Ali Sheikh Vs..Category: Constitutional Law | Date: 15 Feb, 2011 | Hits: 176
....ARK (SCSD), CHILD DOMESTIC WORKERS – LIVING INSIDE ROOM AND OUTSIDE LAW AND ROLE OF GOVT. AND CIVIL SOCIETIES IN BANGLADESH , 36-37 (2009) [hereinafter SCSD REPORT ON CHILD DOMESTIC WORKERS].
......nment should take steps so that the employment of women and children in the domestic sector may be monitored and their rights as workers ensured in accordance with the Constitution and the law of the land. She submits that the domestic workers who work in the houses do so from early morning till lat..
Category: Women and Children | Date: 15 Feb, 2011 | Hits: 265
Promoda Sundari Sen Kalyan Trust Vs. Momtaz Zafar Ahmed and Others, 2011, 40 CLC (HCD)
....rder as to cost Let a copy of the Judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 53 ......Other Suit No.238 of 2009 on 29-8-2009 in the Court of Senior Assistant Judge, Sadar, Rangpur impleading the present defendant-opposite parties praying for permanent injunction in respect of the suit land as described in the schedule of the plaint. The plaintiff's case in short is that Shib Kris..Category: Banking Law | Date: 9 Feb, 2011 | Hits: 2
Md. Nasurullah alias Nasu Vs. Artha Rin Adalat No. 4, Dhaka and others, 2011, 40 CLC (HCD)
....perty. Lat a copy of the judgment be communicated to the concerned executing Court for future guidance as well. Nazmun Ara Sultana J.- I agree Ed. This Case is also Reported in: ......ion purchaser sold the property to these respondents, who went into possession over the auctioned property, got the record mutated in their names and paid rent and development taxes to the respective land office. The petitioner has obtained the Rule on 7.2.2010 after long laps of two and half years ..Category: Banking Law | Date: 2 Feb, 2011 | Hits: 175
Nasirul Islam Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....d to take back his original title documents those have been annexed with the writ petition substituting photocopies thereof. Nazmun Ara Sultana J.- I agree. This Case is also Reported in: ......our of Bangladesh Shilpa Bank, Pabna branch under section 33(7) of the Artha Rin Adalat Ain, 2003. 2. Petitioner’s case, in short, is that he was the lawful owner-in-possession of .06 acres of land appertaining to Khatian No.746, Plot No.105 at Muza East Eash Dair under Fatulla Police Station..Category: Banking Law | Date: 27 Jan, 2011 | Hits: 172
Md. Hamiduzzaman Vs. Joint District Judge, Artha Rin Adalat, Faridpur and others, 2011, 40 CLC (HCD)
....e may be, which have been deposited by them in favour of the decree holder-bank after issuance of the certificate. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......er, his three brothers and five sisters inherited the mortgaged property of their mother Khodeja Zaman (defendant No.2), since deceased; that his parents’ grave yards were situated on the mortgaged land; that Title Suit No.24 of 2010 for partition of the land allegedly mortgaged by defendant No.2 ..Category: Banking Law | Date: 20 Jan, 2011 | Hits: 233
Bangladesh Legal Aid and Services Trust Vs. Secretary, Ministry of Education, 2011, 40 CLC (HCD)
....iven medical treatment locally and then admitted to the sadar hospital. The father of the victim filed a case under Nari-o-Shishu Nirjatan Daman Ain, but final report was given due to the fact that a settlement was reached between the parents and the teacher that she would be admitted to a vocationa...... Affairs to ensure that where there are allegations of criminal offence against teachers the police would be put into action for proper investigation and disposition in accordance with the law of the land. 48. In spite of the grim picture noted above, we are heartened by the action taken by the ..Category: Women and Children | Date: 13 Jan, 2011 | Hits: 248
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