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....nted by its Country Manager, Dhaka Office, Pan Pacific Sonargaon Hotel, 107, Kazi Nazrul Islam Avenue, Police Station-Tejgaon, Dhaka ...........Petitioner
Vs.
M/S. Saudi Bangladesh Services Company Limited, Orchard Plaza, 71, Nayapaltan (VIP Road), Dhaka represented by its Managing Director ......002. Instead, at the meeting and thereafter, the respondent proposed various modes for settling the outstanding amount for the months of July and August 2002, especially by installments. Even at that stage, the respondent did not claim his alleged 750 million Taka. On 26.09.2002 the claimant again d......judgment and order dated 05.01.2009 passed by the High Court Division in Arbitration Case No.02 of 2006 setting aside the award dated 08.04.2006 passed by the Arbitration Tribunal in an arbitration proceeding held between the Saudi Arabian Airlines Corporation and M/S. Saudi Bangladesh Service Com..
Category: Alternative Dispute Resolution | Date: | Hits: 207
Malek Hussain Pir Vs. Begum Nurjahan Khanum and others, 2009, 38 CLC (AD)
.... Anti-Corruption Bureau, Sunamganj filed an application praying for time for submitting the order of sanction and the case was accordingly fixed on 15.01.2002 for receipt of the order of sanction, if any. On 10.01.2002 an application was filed by the complainant petitioner stating, inter alia, that ......dge, Sunamganj shall proceed against the accused in accordance with law. In the result, the appeal is allowed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 109, VIII ADC (2011) 357. ......tion was filed by the complainant petitioner stating, inter alia, that since 60 days already expired from the date of writing to the authority for sanction but the sanction had not yet been received, proceeding should be started against the public servants also as after the expiry of 60 days it will..Category: Criminal Law | Date: | Hits: 46
Khondker Delwar Hossain Vs. Speaker, Bangladesh Jatiyo Shangshad (Parliament), 1998, 27 CLC (HCD)
....spondent No. 1 requesting him to inform, whether the seats allotted earlier to the aforesaid members, will be considered to have been vacated or not (Annexure-E). But none of the petitioners reply to any of the letters they have written to the respondent No. 1. 5. Meanwhile a delegation comprisin......two B.N.P. members of Parliament, to the Election Commission within thirty days from the receipt of this order. Ed. This Case is also Reported in: 19 BLD (HCD) (1999) 45, 51 DLR (HCD) (1999) 1. ......ny provision of the Constitution should not readily be accepted by this Court. 19. In short, the main contention of Mr. Moudud Ahmed is that the petitioners are not challenging any parliamentary proceeding but there is a dispute which should have been referred to the Election Commission. 20...Category: Constitutional Law | Date: | Hits: 171
Secretary, Parliament Secretariat, Dhaka Vs. Khandker Delwar Hossain and others, 1999, 27 CLC (AD)
.... justice notice upon on the speaker and thereafter field the writ petition raising various issues of law. 5. The Speaker, who was respondent No. 1 in the writ petition, did not appear and file any affidavit-in-opposition Respondent No. 2, the present appellant, filed an affidavit-in-oppositio...... 30. However, the above-quoted provisions are merely guidelines and are intended not to be binding on the interpretation of a particular Commonwealth Constitution. These are goals to be achieved by stages. If at any time our country, because of maturity in Parliamentary practices, achieves a posit......nt the Speaker disposed of the points of order by giving his ruling in Parliament on 21.4.98. The Speaker thus acted within his jurisdiction and the ruling delivered by him is very much a part of the proceeding of Parliament which cannot be questioned in any Court of law as per Article 78 of the Con..Category: Constitutional Law | Date: | Hits: 138
Anti Corruption Commission Vs. Barrister Mohammad Shahjahan Omar and another, 2009, 38 CLC (AD)
....ffairs of the immediate past Government demanding submission of the statements of all immovable and movable properties owned and possessed in his name and in the name of his wife or in the names of any other persons and the source of acquiring/owning such property. 5. On 20.06.2007 the re......ous Case No.1950 of 2009 is stayed with direction to the respondent No.1 to surrender before the concerned Court within 2 (two) weeks. Ed. This Case is also Reported in: VII ADC (2010) 349. ......de alleging that the respondent and wife and members concealed their assets in the wealth statement and obtained those assets by illegal means. 10. Being aggrieved by and dissatisfied with the proceeding and judgment and order of conviction and sentence dated 14.05.2008 passed by the learned ..Category: Others | Date: | Hits: 106
State Vs. Md. Chowdhury Alam, 2009, 38 CLC (AD)
....nd the appeal being still pending this Court is not inclined to interfere at this stage and accordingly the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 346. ......gh Court Division while granting bail considered the health condition of the appellant respondent and granted bail and the appeal being still pending this Court is not inclined to interfere at this stage and accordingly the petition is dismissed. Ed. This Case is also Reported in: VII ......nd the appeal being still pending this Court is not inclined to interfere at this stage and accordingly the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 346. ..Category: Others | Date: | Hits: 98
Baby Food Products Ltd. Vs. Nabisco Biscuit & Bread Factory Ltd., 2009, 38 CLC (AD)
.... 1733 and 1734, in class-30 in the year 1973. The applications were duly advertised in the Journal. As there was none to oppose the right of property involved in the mark, here was no opposition from any quarter and eventually the trade marks proceeded to smooth registration. In addition to the afor......ew our judgment already passed. In such view of the matter we find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 320. ...... provision of section 10(2) on the honest and concurrent user. 8. Although the respondent No. 1 engaged a lawyer to oppose registration of the impugned trade mark No. 21508 in class-30 he left the proceeding and the application was allowed to proceed to registration. As a matter of fact, the ..Category: Intellectual Property Law | Date: | Hits: 273
Government of Bangladesh Vs. Allama Delawar Hossain Sayedee and others, 2009, 38 CLC (AD)
....d the action of the respondent in preventing him from leaving Bangladesh for the Kingdom of Saudi Arabia and the United Kingdom. The respondent No.1 has been prevented from leaving Bangladesh without any justification or explanation. No reason was offered by the petitioner or any Immigration Offic......n 24.07.2009 at about 15.45 P.M. the respondent No.1 arrived at Zia International Airport in Kurmitola, Dhaka. At about 16.10 P.M. he completed check-in at the Saudi Arabian Airlines counter. At this stage he was issued Boarding Passes by the staff of Saudia Airlines. The Boarding Time was fixed at ......ting the respondent No.1 from leaving Bangladesh the petitioner acted in violation of the Bangladesh Passport Order, 1973 (hereinafter referred to as the said Order). Moreover, there is no criminal proceeding pending against the respondent No.1 Further, the actions of the petitioner are violative ..Category: Others | Date: | Hits: 115
Md. Nurul Abedin Vs. Bangladesh, 2010, 39 CLC (AD)
..... Thereafter the petitioner and his partner as per allotment letter dated 03.04.1990 deposited 1,25,208.00 at a time in cash and thereafter paid all the installments and other payable premium without any default and they set up a chemical industry on the said allotted plots by constructing a factory......tioner then auction sale proceeding may be dropped. Accordingly both the leave petitions are dismissed with above observation. Ed. This Case is also Reported in: VII ADC (2010) 301. ......lity in discharging the Rule with direction to proceed with the auction sale. 11. However if the entire outstanding dues has been paid in the meantime by the petitioner then auction sale proceeding may be dropped. Accordingly both the leave petitions are dismissed with above obse..Category: Property Law | Date: | Hits: 29
S. Co. Power Plant Ltd. Vs. Government of Bangladesh and others , 2009, 38 CLC (AD)
....ding of the execution proceeding in Artha Rin Execution Case No.471 of 2008 should not be declared without lawful authority on the following averments. The writ petitioner No.1, a private limited company, obtained loan from respondent No.3, Hong Kong and Shanghai Banking Corporation Limited amount...... the Adalat before making the sale. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed This Case is also Reported in: VII ADC (2010) 295....... the aforesaid writ petition and obtained rule Nisi calling upon the respondents to show cause why the order dated 6.7.2008 attaching the property of the petitioners by the Artha Rin Adalat and the proceeding of the execution proceeding in Artha Rin Execution Case No.471 of 2008 should not be decl..Category: Banking Law | Date: | Hits: 84
Abdul Gafur Vs. Md. Nuru Miah, 2009, 38 CLC (AD)
.... and those land of under-tenancies stood recorded in State Acquisition Khatian No.10 in the names of tenants or heirs of transferors of Cadastral Survey Khatian No.17 and not in the names of heirs of any under tenants of Cadestral Survey Khatian Nos.18-21 and the deed of conveyance dated 17.04.1926 ......e ground Nos.1 and 2. The petitioners in both the petitions are permitted to prepare paper books out of Court in accordance with Rules. Ed. This Case is also Reported in: VII ADC (2010) 279. ......ation and Sub-Division of Holding Case No. 301 of 1987-88 and paid rents separately and got rent receipts. That further case of Pre-emptee-petitioner was that after purchase of land under Pre-emption proceeding the Pre-emptee-Petitioner caused much improvement on the purchased land and has excavated..Category: Property Law | Date: | Hits: 27
Most. Monowara Begum and others Vs. Malanch Bibi and others, 2009, 38 CLC (AD)
....responding to 1943 A.D. from Nalini and Sarola on the basis of dakhilas and has since been possessing thereon. The defendant denied the plaintiffs title and claimed that the plaintiff did not acquire any title on the basis of certificate sale and he was not given possession of the suit property. ......w The appeal is therefore allowed. The judgment of the High Court Division is set aside and restored those of the Courts below. Ed. This Case is also Reported in: VII ADC (2010) 271. ......ing in question, and the holdings so passed in the plaintiff under section 20(3) with right to annual the incumbrances and that the true import of the Section (S.36) is that the sale in a certificate proceeding for non-service of notice under section 7 is valid against whole world for all times, and..Category: Property Law | Date: | Hits: 20
Mohiuddin Khan and another Vs. Shihamul Haque and others, 2009, 38 CLC (AD)
....Case No.13 of 1981 claiming title on the basis of deed of exchange (settlement) dated 16-6-1980 and the Additional Deputy Commissioner (Revenue) Dhaka, by order dated 12-1-1982, without at all giving any finding as to possession of the suit land, cancelled the mutation. The appellants then filed A......plaint and a decree for declaration that the settlement deed described in schedule ‘B’ is not binding on the plaintiffs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 129. ......e No. 35/69-70, Title Suit Nos. 27 of 1971 and 150 of 1972, Civil Revision Nos.315 and 1387 of 1977 and also of the withdrawals of the same on 29-1-1980 and 21-1-1980 which were referred in the above proceeding. The appellants are bona fide purchasers of the suit land for valuable consideration ..Category: Property Law | Date: | Hits: 29
Habibur Rahman Mollah (Ex-Member of Parliament, Dhaka 4) Vs. State and another, 2010, 39 CLC (AD)
....ant moved this Division a leave petition. This Division granted leave to consider the following points: "the Anti-Corruption Commission Act, 2004 came into effect on and from 9-5-2004 and unless any complaint, investigation, enquiry, filing of case or sanction were commenced or were pending u......ellant pleaded not guilty and claimed to be tried. The prosecution examined 17 witnesses out of 25 witnesses cited in the police report and the appellant thoroughly cross-examined them. It is at this stage the appellant came up with an application for quashing of the proceedings of the case before t......Act, 2004 (V of 2004), sections 26 & 27 The expression ”Abuse of the process of the Court” as used in section 561A of the Code of Criminal Procedure, 1898 is generally applied to a case or proceeding which is wanting in bona fides and is frivolous or vexatious. The Inherent power of the H..Category: Anti-Corruption Laws | Date: | Hits: 195
State Vs. Azizul Haque, 2008, 37 CLC (AD)
....Relying on this confessional statement holding it to be true and voluntarily, the High Court Division maintained the sentence of death. However the court acquitted other accused persons in absence of any corroboration by any independent evidence. Since there was no evidence direct or circumstantial ......the absconding accused persons. 5. The trial of the instant case was started under Sections 302/120(Kha)/34 of the Penal Code before the learned Sessions Judge, Chittagong. At the continuation stage of the evidence of informant, the instant case was transferred to the court of 1st Additional ......failure of justice in acquitting Azizul Haque and others. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 267. ..Category: Others | Date: | Hits: 63
Sohel alias Sanaullah alias Sohel Sanaullah Vs. State, 2008, 37 CLC (AD)
....s. Since Sohel spoke incoherently at the police station, a G.D. entry was recorded. Thereafter pursuant to the G.D. entry, the P.W.4 Md. Shawkat Alam, Sub-Inspector of Police along with his accompanying force and Sohel reached at the house of Sohel at Maddya Rajashan at about 13.30 hours. Howeve......ail Appeal No.690 of 2004 in allowing the appeal and consequently, rejecting the death reference so far it relates to the sending the case back to the trial Court on remand for fresh trial from the stage of examination under section 342 of the Code of Criminal Procedure and for disposal on merit...... paper book is dispensed with as prayed for. 25. Operation of the judgment and order of the High Court Division dated 11th November, 2007 passed in Criminal Appeal No. 2282 of 2004 and further proceeding of Sessions Case No. 329 of 2002 pending in the court of the learned Additional Sessions ..Category: Others | Date: | Hits: 83
Anowarul Huq Sabbir alias A.F.M. Anowarul Huq Sabhbir and another Vs. State, 2009, 38 CLC (AD)
....e petitioners on 09.11.2005 filed an application under Section 241A of the Code of Criminal Procedure for discharging them from the case on the ground that the petition of complaint does not disclose any offence against the petitioner under Section 166/167/220/109 Penal Code read with Section 5(2) o...... the judgment and order of the High Court Division calling for interference by this Court and accordingly the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 252. ......ed 15.05.2006 filed Criminal Revision being No.859 of 2006 before the High Court Division under section 10(1A) of the Criminal Law Amendment Act, 1958 and obtained Rule and order of stay of further proceedings of said special case. 13. A Division Bench of the High Court Division by judgment..Category: Others | Date: | Hits: 82
S. M. Hossain and others Vs. Lahazuddin and others, 2009, 38 CLC (AD)
....d the right, title and interest of said Provabati Chaterjee by auction purchase on 14.03.1955, the plaintiffs/respondents are estopped by law under section 115 and 116 of Evidence Act from setting up any claim of title and/or denying the petitioners title in the said property; that the claim of the ......il Petition for Leave to Appeal Nos. 94-95 of 2005 are also disposed of in terms of the judgment in this civil appeal. Ed. This case is also Reported in: VII (ADC) (2010) 206; 9 ADC (2012) 510. ......the suit property and against such auction sale the said Provabati Chatterjee through her constituted attorney Shaileswar Bhattacharjee instituted a suit for setting aside the exparte decree and that proceeding is still pending before another Court for disposal and the same is now sub-judice in Othe..Category: Tenancy Law | Date: | Hits: 185
Anti-Corruption Commission Vs. ATM Nazimullah Chowdhury and others, 2010, 39 CLC (AD)
.... writ petition and staying all further proceedings of the case in failing to consider that the writ petitioner was fugitive from justice when he moved the petition and thus he was not entitled to any relief. In this connection the learned Counsel has referred the case of Anti-Corruption Commissi......nst the writ petitioner and examined 6(six) prosecution witnesses and the next date of the case was fixed on 9th November, 2008, for examination of the rest the prosecution witnesses. 5. At this stage the writ petitioner moved the High Court Division and obtained the Rule with an interim order ......r leave to appeal is directed against an interim order dated 12th November, 2008, of the High Court Division in Writ Petition No.8601 of 2008 issuing Rule and making interim order staying all further proceedings of Special Case No.26 of 2008 pending before the Special Judge, Court No.9, Dhaka. 2...Category: Anti-Corruption Laws | Date: | Hits: 186
Collector of Customs and others Vs. TK Oil Refinery Ltd. and 22 others, 2009, 38 CLC (AD)
....ndicative value", is a foreign and unknown terminology. The Customs Act (IV of 1969), Sections 25(1)(7), 30 & 79 Customs duty— No internal circular of the authorities can fix in advance any value like indicative value of any imported merchandise for the purpose of assessment of customs...... Ltd. and 22 others...........Respondents Judgment May 14, 2009. The Constitution of Bangladesh, 1972, Article 103 Points not raised in the lower court cannot be urged at the leave stage.—After the bills of entry were presented considerable time has elapsed. The prayer of the ap......y and other duties on the basis of normal price so fixed. All the appeals are dismissed with the observation as made above. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 217. ..Category: Fiscal/Taxation Law | Date: | Hits: 86
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