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Majad Hossain and another Vs. State, 2012, 41 CLC (AD)
.... is covered by the fine realized shall be paid to the holder. (3) Notwithstanding anything contained in sub-sections (1) and (2), the holder of the cheque shall retain his right to establish his claim through civil Court if whole or any part of the value of the cheque remains unrealized. 141...... Lawyers Involved: SK. Zulfiqur Bulbul Chowdhury, Advocate instructed by Syed Mahhubar Rahman, Advocate-on-Record-For the Petitioners. None represented-For the Respondent. Criminal Petition for Leave to Appeal Nos. 361 And 366 of 2010. Judgment Md. Abdul Wahhab Miah J. - Identical f......e dishonoured on 04.10.2007 for insufficiency of fund in the account of the drawer (the petitioner). Thereafter, a legal notice was issued to the accused-petitioner on 31.10.2007 demanding payment of money of those dishonoured cheques; the notice was received by the accused-petitioner on 04.11.2007...Category: Banking Law | Date: 8 Apr, 2012 | Hits: 618
ABC Attire Ltd. Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....LD (AD) 103 wherein it has been decided as follows:- "We however, find that the rules have only given the guideline as to how the settlement is to be made but how these rules can be invoked for claiming a legal right inhering in the petitioner which has no statutory force is not understood......pondent No.11. Hosneara Begum - For the Respondent No.9. Writ Petition No.9009 of 2010. Judgment Zinat Ara J.- In the Rule Nisi dated 11-11-2010, the petitioner sought for a direction upon respondent Nos.5-9 to consider/dispose of the petitioner's application dated ......ent No.11 to take necessary steps in this regard. Respondent No.11 thereafter, paid balance auction amount after deducting Tk.7 lakh which was deposits respondent No.11 at the time of bidding as earn money. The Bank on receipt of the auction money from respondent No.11, transferred the mortgaged pro..Category: Civil Law | Date: 4 Apr, 2012 | Hits: 45
Rakibul Islam Vs. State, 2012, 41 CLC (HCD)
....used is on bail obtained from this Division, he is to be discharged from his bail bond. Send down the Lower Court Records. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 438. ...... Nirjatan Daman Tribunal No.1 Rajshahi convicting the appellant under section 11(Ga) of the Nari-o-Shishu Nirjatan Daman Ain, 2000 (as amended 2003) and sentencing him to suffer rigorous imprisonment for 1(one) year with a fine of Taka 500 (Taka five hundred) only, in default to suffer rigorous im......osition of the prosecution witnesses is not consistent. He has also mentioned that the dispute between the parties was amiably settled, the victim received Taka 1,50,000 being the enteric dower money and she has already divorced the appellant as would be evident from the deed registering the d..Category: Women and Children | Date: 3 Apr, 2012 | Hits: 64
M/S. Talukder Chemicals Limited Vs. Government of Bangladesh and others, 2012, 41 CLC (HCD)
.... Judge, 2nd Court, Narayangonj impleading the respondents as defendants seeking a decree for declaration of Title for an area of 1.75 acres of land situated at 5 (five) separate plots. The plaintiffs claim an area of 53 decimals of land in C. S. plot No.167, S. A. Plot No. 167, C.S. Khatian No.388 i......Narayangonj, in Title Suit No.64 of 2009, dismissing the suit. 2. Facts in a nutshell given rise to this appeal, are that, the appellants as plaintiffs instituted the Title Suit No. 64 of 2009 before the learned Joint District Judge, 2nd Court, Narayangonj impleading the respondents as defendan......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
Anti-Corruption Commission Vs. Unipay 2U Bangladesh Ltd., 2010, 39 CLC (HCD)
....48(1)2011 is hereby quashed. The trial Court is directed to proceed with the said case immediately in accordance with law. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 444. ......r or orders as to this Court may seem fit and proper. 2. Facts of the case, in short, are that one Md. Towfiqul Islam, Assistant Director, Anti-Corruption Commission, Head Office, Dhaka, being informant lodged first information report under Section ২(ট)(অ)/৪(২) of the Money Laundering......ted that when the matter is still pending it needs to be examined by the trial Court on examination of evidence, as such, at this stage the impugned order allowing the opposite party No.1 to withdraw money from the account of accused persons is not proper hence, the learned Metropolitan Sessions Jud..Category: Anti-Corruption Laws | Date: 22 Mar, 2012 | Hits: 138
....lly, whether the writ-petitioners have acquired any right of appointment in the service the Republic on the basis of alleged recommendation, Annexure-E, to the writ petition.
2. Writ petitioners claimed that they were recruited by the then Government of Bangladesh at Mujibnagar for liberation o......5 of 2009).
Judgment
SK Sinha J. - Leave was granted to consider the question whether the High Court Division was justified in giving full relief to the writ petitioners without affording the appellants an opportunity of being heard and secondly, whether the unreported decision o...... that the facts are quite distinguishable from the facts of those cases. This appeal is disposed of with the above observations.
Ed.
This Case is also Reported in: 64 DLR (AD) (2012) 113.
..
Category: Employment/Service Law | Date: 22 Mar, 2012 | Hits: 151
....ly a civil dispute and it can only be resolved by a competent civil Court.
There is no provision in the Companies Act to file any declaratory suit under which the plaintiff could seek reliefs he claimed in the suit and these reliefs are only available under section 42 of the Specific Relief Act......nt under Order 7 Rule 11 of the Code of Civil Procedure filed by the defendant-respondents.
2. The material facts in short are that, the appellant as plaintiff filed Title Suit No. 162 of 2009 before the Court of learned Joint District Judge, 5th Court, Dhaka stating inter alia that R. Zaman &a......t charged penal interest, the plaintiff filed a title suit being No.9 of 1999 (re-numbered) before Joint District Judge, Dhaka against the defendant no. 10 for a declaration that the excess amount of money demanded by the government is wrong, unlawful and not binding upon the company. After conclusi..
Category: Company Law | Date: 19 Mar, 2012 | Hits: 689
Luthfor Rahman (Md.) Vs. Bangladesh & others, 2012, 41 CLC (HCD)
.... of the property. A person in possession of land however imperfect his title may be, has a good title against the whole world except the true owner and until the true owner comes in Court to assert a claim to the property. Possession is evidence of title, and gives a good title as against wrong......d in: 18 BLC (HCD) (2013) 124. ......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. ..Category: Others | Date: 18 Mar, 2012 | Hits: 5
....9;ble Court and the same was brought to the notice of this Hon'ble Court when the application for vacating the order of stay was moved by the UGC on 26-1-2012 in the afternoon and, therefore, the claim of the UGC that the admission process has been completed flouting the order of status quo is b.......2 is a student who sat in the said admission test as stated above under the said Unit-A (Application PIN No.894391 and Roll No.10146) and he has been kept in the waiting list and, currently, waiting for admission in the department of Animal Husbandry (Hons) Degree Course of PSTU. Petitioner No.3 is......gy University be allowed to continue with their regular studies accordingly.
However, there shall be no order as to costs.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 166.
..
Category: Others | Date: 14 Mar, 2012 | Hits: 5
Noor Jahan Begum Vs. Chairman, BSCIC and others, 2012, 41 CLC (HCD)
....t without making any correspondence such drastic major was taken by defendant No.3. On 30-11-2001 plaintiff issued legal notice to defendant No.2 and 3, to which defendant No.3 gave reply on 1-11-2001claiming Taka 1, 92,818.50 of different count from plaintiff. Plaintiff served second legal notice o......acknowledgement due to the proper address of the addressee then it is deemed to be presumed that notice has been served….....(16) Necessity to complete or exhaust provisions of law before coming to the Court When the law provides for appeal as such, before come to the Court, li......other hand, submits that, after cancellation of the allotment letter this defendant respondent was not only allotted the suit plot, but lease deed was executed and this defendant having paid the money of the BSIC, legally entered into suit plot to enjoy the suit plot. 9. Learned advocate c..Category: Civil Law | Date: 12 Mar, 2012 | Hits: 10
Shahidur Rahman Khadem Vs. State and others, 2012, 41 CLC (AD)
.... appeal below. These petitions are disposed of with the above observations and reduction of the sentences of fine as above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 103. ......Record-For the Respondent No.1. (In all the cases) Rafique-ul-Huq, Senior, instructed by Md. Shamsul Alam, Advocate-on-Record—For Respondent No.2. (In all the cases) Criminal Petition for Leave to Appeal Nos. 266-69 of 2011. (Form the judgment and order dated 28-9-2010 passed by......he point of reduction of fines. 5. The High Court Division enhanced the sentences of fine and restored those of the trial Court on the reasoning that admittedly the petitioner received money from the complainant in advance on condition of handing over the possession of the apartm..Category: Criminal Law | Date: 12 Mar, 2012 | Hits: 122
Human Rights and Peace for Bangladesh (HRPB) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... Administration, Ministry of Home Affairs and Ministry of Foreign Affairs for taking necessary steps in accordance with the directions given above. Ed. This Case is also Reported in: ...... ......ir choice, who are not even included in the Warrant of Precedence, by which many Biman officials are being benefited financially. This sort of illegal practice leads to offences like corruption and money laundering. Hence this Rule. 3. By filing a supplementary affidavit the petitioner bro..Category: Constitutional Law | Date: 8 Mar, 2012 | Hits: 17
Jamuna Builders Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....ing of the learned Joint District Judge is that:— "Defendants could not take proper steps in the suit. The suit properties are government properties. The Plaintiff-opposite-parties proclaimed in the area that he had got decree in the suit regarding the Government properties. The defe......resent: Sharif Uddin Chaklader J Krishna Debnath J Jamuna Builders Ltd....................Plaintiff-Opposite Party-Petitioner Vs. Bangladesh and others…...........Proforma-Defendant-Petitioner Opposite-Parties Judgment March 5, 2012. Result: The......e) year 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) 219. ..Category: Abandoned Properties Law, Property Law | Date: 5 Mar, 2012 | Hits: 18
Dulal Brothers Ltd. Vs. Registrar of Joint Stock Companies and Firms, 2013, 42 CLC (HCD)
.... of receipt of the file in the office. The office is directed to inform the learned Advocate of the petitioner accordingly. Ed. This Case is also Reported in: ...... of 2012 Judgment AFM Abdur Rahman J.- By this application under Section 12 and 13 of the Companies Act the petitioner, the company itself through its Managing Director M.A. Jabbar, prays for amendment of the object clause of the Memorandum of Association of the company DULAL BROTHER LI......liabilities of any other company/corporation, partnership, body, person or persons carrying on or possessing property suitable for the purpose of the company and upon such price or consideration in money, share, money’s worth or otherwise as may be deemed fit.” Since the proposed ame..Category: Company Law | Date: 4 Mar, 2012 | Hits: 28
Chittagong Steel Mills Ltd. Vs. TM Syndicate & others, 2012, 41 CLC (HCD)
....me Judgment-debtor-petitioner did not file any security, as such, according to us, Judgment-debtor has no leg to stand in any Court. The best case of the Judgment-debtor-petitioner is that the amount claimed is not principal amount but interest. Whatever the case may be interest have been awarded by......ctory. Any appeal or objection challenging the award if filed after the period of 30 days shall not be entertained…………………………………(6) Deposit of security is pre-condition for challenging the award in form and 'shall' has been used, law makers make it clear that it is man......btor-petitioner we find rule is incompetent. We find no substance in this rule. In the result, this rule is discharged. No costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 350. ..Category: Alternative Dispute Resolution | Date: 4 Mar, 2012 | Hits: 316
Abdul Wahab Sheikh Vs. Md. Kamal Hossain alias Md. Kalam Hossain & Others, 2012, 41 CLC (AD)
....n (2) of Section 29 of the Limitation Act have made it very clear. However, this appeal is disposed of with the above observations. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 282. ......Judgment March 3, 2012. Result: The appeal is disposed of with observation. Whether section 14 of the Limitation Act, 1908 is applicable in determining the period of limitation prescribed for any suit, appeal or application by any special law e.g. the Local Government (Upazilla Parishad)......rom Sonali Bank Limited, Patgati Branch, Tungipara, Gopalgonj, but his father died in the same year without paying the loan. That the opposite party No.1 thereafter on 28.12.2008 though paid the loan money but before that he submitted the nomination paper with a false statement that he had no debt o..Category: Limitation Law | Date: 3 Mar, 2012 | Hits: 208
M/s. Sadharan Bima Corporation Vs. United Fish Exports Limited and others, 2012, 41 CLC (AD)
....rt, on consideration of the evidence adduced by both the contesting parties, and other facts and circumstances decreed that suit directing the Sadharan Bima Corporation to meet up the plaintiff’s claim of insurance by the judgment and order dated 23.11.1999. Against this judgment of the trial co......rd—For the Petitioner (In both the cases). Mahmudul Islam, Senior Advocate instructed by Nurul Islam Bhuiyan, Advocate-on-Record —For Respondent No.1 (In both the cases). Civil Petition for Leave to Appeal Nos.1588 and 1589 of 2009. (From the judgment and order dated 18.03.2009 pa......t that there is no merit in these Civil Petitions for leave to appeal and in the circumstances both the civil petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 563. ..Category: Business or Commercial Law | Date: 26 Feb, 2012 | Hits: 616
Government of Bangladesh and others Vs. Mozammel Haque and others, 2012, 41 CLC (AD)
....admittedly, were lessees for temporary period and according to the terms and conditions of the said temporary lease they can be evicted at any time from the land in question and as such they cannot claim to have acquired any legal right to get permanent settlement of this land; that the High Cou......e land in question on yearly basis, they cannot be evicted at any time. Though they could not and did not acquire any right to get permanent lease of this land, they can apply to the proper authority for getting permanent settlement of the land. On their application, the concerned authority can cons......nt lease of the land in question in accordance with law. This leave petition is thus disposed of with the above observation and direction. Ed. This Case is also Reported in:9 ADC (2012) 674. ..Category: Civil Law | Date: 23 Feb, 2012 | Hits: 156
....e made absolute without any order on
costs. The authorities are directed to stop collection of user fees at the
government hospitals forthwith.
Ed.
This Case
is also Reported in:
......in:
......s who can afford it and hence the same cannot be termed as a violation
of the fundamental rights.
18. User fees contribute to better and efficient service in
government hospitals as the extra money may be utilized to employ more staff.
Furthermore, the prospect of receiving a share of the u..
Category: Constitutional Law | Date: 19 Feb, 2012 | Hits: 14
Dream Land Properties Ltd. Vs. Hazi Abdul Wazed and others, 2012, 41 CLC (AD)
....is remanded to the High Court Division for disposal of the appeal on merit. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 67. ......on and also to reduce the docket. It cannot be said that the evidence on record are not sufficient to determine the suit finally in the absence of expert's opinion. If it requires an expert's opinion for ends of justice, the High Court Division may obtain such opinion for the purpose of effectually ......dmitted signatures came to the conclusion that the signatures appearing in the deed with his admitted signatures tally with each other and that he executed the agreement upon receipt of the advance money. With these findings it decreed the suit. On appeal from the said judgment, the High Court Div..Category: Procedural Law | Date: 19 Feb, 2012 | Hits: 147
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