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Monsur Hossain (Md.) Vs. Rahima Khatun and others, 2012, 41 CLC (HCD)
....on 108 of the Transfer of Property Act, 1882, or (b) Where, in the absence of any contract to the contrary, the tenant has, without the consent in writing of the landlord, sublet the premises in whole or in part, or (c) Where the tenant has been guilty of conduct which is a nuisance or any......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. ......examined as D.W.-1 and one Nurul Islam was examined as D.W.2 and another Md. Hakim was examined as D.W.3. The agreement for lease dated 17-5-1976 was marked as Exhibit "ka". The part of the money order form showing refusal to accept rent for the month of November 1991 (the money so remitte..Category: Property Law | Date: 12 Apr, 2012 | Hits: 6
Commissioner of Customs Vs. Faridul Alam, 2012, 41 CLC (AD)
..... Accordingly, the appeal is allowed. The impugned judgment and order is set-aside. There will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 133. ......e the goods physically following the procedure laid down in bidhi 21 and before such physical examination, they should not have assessed the goods and then allowed the importer to pay the assessed amount. We find no legal basis for assessment of the imported goods subject to physical examination....... Accordingly, the appeal is allowed. The impugned judgment and order is set-aside. There will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 133. ..Category: Fiscal/Taxation Law | Date: 11 Apr, 2012 | Hits: 9
Majad Hossain and another Vs. State, 2012, 41 CLC (AD)
....zed 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. Cognizance of offences— ......@ Box. The accused-petitioner submitted an application to the complainant-company for short term loan facility and a loan of TK. 15,00,000.00 was sanctioned to him. At the time of payment of the loan amount, 6(six) post-dated cheques were issued by the accused-petitioner in favour of the complainant......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)
.... The order of stay granted earlier by the Court stands vacated. Communicate the Judgment to respondent No.10 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 399. ...... the Company for rehabilitation. Meanwhile, the Bank on 21-3-2001 instituted Title Suit No.69 of 2001 before the Artha Rin Adalat No.1, Dhaka (hereinafter stated as the Adalat) for recovery of loan amounting to Tk. 4,59,97,042 as stood on 31-1-2000 and interest therein till realization impleading ......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. ......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. ......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
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. ......of the opposite party No.1 the Hon'ble Judge in chamber of the Appellate Division in connection with Criminal Leave to Appeal No.140 of 2010 permitted the opposite party No.1 to withdraw up to an amount of Taka 3 (three) crore per month from account No.1401150-59001 of City Bank Ltd. for payment......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
....39;s records along with a copy of this judgment at once.
Nozrul Islam Chowdhury J. - I agree.
Ed.
This Case is also Reported in: 18 MLR (HCD) (2013) 289, 19 BLC (HCD) (2014) 18.
......r intension to sell their 600 shares at a price of Taka 1, 20,00000/- only and the plaintiff agreed to purchase their shares and accordingly a deed of agreement was executed and the plaintiff paid an amount of Taka 42, 00000/- only lacs to the defendants Nos.2-6. Thereafter, the defendant Nos. 3-5 s......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
Rabeya Khanam Vs. State, 2012, 41 CLC (HCD)
.... in relation to the petitioner Let a copy of the Judgment be sent to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 467. ......at an initial stage may be justified where the facts are so preposterous that even on the admitted facts no case can stand against the accused and that a further prolongation of the prosecution would amount to harassment to an innocent party and continuation of the proceedings will cause abuse of ...... in relation to the petitioner Let a copy of the Judgment be sent to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 467. ..Category: Procedural Law | Date: 15 Mar, 2012 | Hits: 215
....r to make the appeal ready for hearing. This appeal will be heard along with Civil Appeal Nos.307 of 2008 and 447 of 2007 for hearing.
Ed.
This Case is also Reported in: 9 ADC (2012) 865.
.......00 crore and it availed of the aforesaid loan facility. Thereafter by a letter dated 24th June, 2004, the writ respondent No.7 confirmed the loan of Tk. 11.00 crore in addition to previous loan amount of Tk.9.00 crore to the writ respondent No.9, the writ respondent No.7 also confirmed that th......r to make the appeal ready for hearing. This appeal will be heard along with Civil Appeal Nos.307 of 2008 and 447 of 2007 for hearing.
Ed.
This Case is also Reported in: 9 ADC (2012) 865.
..
Category: Banking Law | Date: 12 Mar, 2012 | Hits: 7
Noor Jahan Begum Vs. Chairman, BSCIC and others, 2012, 41 CLC (HCD)
.... No.1022 (F) of 2005 is accordingly discharged. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 12. ...... No.1022 (F) of 2005 is accordingly discharged. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 12. ......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. ......any. 4. There is no dispute that the petitioner issued the cheques in question which were dishonoured and thereafter, the complainant issued notices upon the petitioner requesting him to pay the amount involved in those cheques, and that despite receipt of notices, he did not pay to the complai......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: ......s, unless a specific reasonable charge for every excess weight, fixed by the said airline, is being paid. But Biman is the only airline, who allows its passengers to carry more than the permissible amount of weight after being satisfied by the illegal gratification for which the National Flag car......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
Dulal Brothers Ltd. Vs. Registrar of Joint Stock Companies and Firms, 2013, 42 CLC (HCD)
....able property or by creating charge upon any of its property or properties as the directors of the company deem fit and necessary. To purchase, takeover or otherwise acquire and undertake, the whole or any part of or any interest in the business goodwill, property, contracts, agreements, rig...... 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: ......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)
....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. ......le Execution Case No.25 of 2004 on 5-8-2009 demanding Taka 86,02,592.76. Judgment-debtor-petitioner filed application on the basis of Judgment giving interest at the rate of Taka 12% and deposited an amount of Taka 45,30,267.26. The statement from the office of Bangladesh Steel and Engineering Corpo......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. ......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. ......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)
....and procedure, a certificate was issued by the Quality Control Department of Fisheries Department after examination of stock taking random sample certifying that the consignment of fishes was found wholesome and fit for human consumption. While everything was completed for shipment of the stock of......ONE BLAUWE TOREN KOL VESTRAAT 4-800 BRUGGE BELGIUM for exportation of 420 master cartons frozen shrimps and obtained invoice No.FEL/92/01 dated 23.04.1992 for 420 master cartons frozen shrimps for an amount of US$ 63,294.06. The insurer i.e. defendant Nos.1, 2 and 5 having satisfied about the stock ......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
....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:
......t, entitlement to “free” medical treatment is not a right guaranteed under
the constitution of the People’s Republic of Bangladesh. Therefore, mere
charging of user fees for patients does not amount to violation of the
fundamental right to medical treatment. Moreover, user fee is only charg......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. ......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. ......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
Sonali Bank Vs. Habib Medical Store and Others, 2012, 41 CLC (HCD)
....dismissed without any order as to cost. Send down the LC record with a copy of the judgment at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 73 ......aogaon in Artha Rin Adalat Case No. 264 of decreeing the suit. 2. The appellant as plaintiffs instituted Money Suit No.47 of 1987 in the Court of Subordinate dge, Naogaon for realization of loan amount impleading the respondents as defendant. The defendant contested the suit by filing writ......a 2, 00,000. After arrival of the goods the defendant failed to take delivery in time and, as such, the goods were sold in auction and thereafter the Bank sent a notice to the defendant to adjust the money with the accrued interest thereon. But in the case in hand the defendant failed to do so and t..Category: Banking Law | Date: 14 Feb, 2012 | Hits: 0
....gh Court Division is correct.
Accordingly the appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 64 DLR (AD) (2012) 65; 32 BLD (AD) (2012) 127; 9 ADC (2012) 489.
...... 30.11.2008 issued by the Sonali Bank Limited, Bango Bhandhu Avenue, Corporate Branch, Dhaka(Respondent No.7) under memo No.BBA/GAD-1/14930 stating that the appellant was a bank loan defaulter for an amount of Tk.15,44,32,437.31 as on 30.11.2008.
The second source was a letter issued by the Joint D......ice has been committed by the returned candidate or his election agent or by any other person with the connivance of the candidate or his election agent; or
(d) The returned candidate has spent more money than what is allowed under Article 44B (3).”
57. Clause (b) of sub-article (1) of Article 6..
Category: Election Law | Date: 14 Feb, 2012 | Hits: 262
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