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Dhaka Electric Supply Authority Vs. Md. Hanif and another, 2010, 39 CLC (AD)
....pposition in the instant case stated that the circular dated 11.08.1966 was cancelled at the 533rd Board Meeting held on 15.12.1992 and hence that provision was thenceforth ineffective. It is further claimed that no verbal assurance was given to the writ petitioner of any favourable consideration an......i J. - This appeal, by leave, arises out of judgment and order dated 05.06.2008 passed by the High Court Division in Writ Petition No.9289 of 2007 making the Rule absolute. 2. The facts relevant for disposal of this appeal, in brief, are that the writ-petitioner (respondent No.1 herein), havi......not call for any interference by this Division. Accordingly, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 9 ADC (2012) 559. ..Category: Employment/Service Law | Date: 14 Aug, 2011 | Hits: 163
Md. Rustom Ali and others Vs. State, 2011, 40 CLC (HCD)
....t, the appeal is dismissed. The stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Borhanuddin J.-I agree. Ed. This Case is also Reported in: ......hishu Nirjatan Damon Tribunal, Jamalpur in Nari-o-Shishu Nirjatan Damon Case No.12 of 2007 rejecting an application filed by the accused-appellants under section 344 of the Code of Criminal Procedure for postponement of the case. 2. Facts relevant for disposal of the appeal, in brief, are that re...... denied his marriage with respondent No.2 and execution of any “kabinnama” to that effect, and also brought allegation of registering the “kabinnama” by impersonation, and misappropriation of money amounting to Taka 1, 62,000/- (one lac sixty-two thousand) only against them. He, however, adm..Category: Women and Children | Date: 14 Aug, 2011 | Hits: 91
Tae Hung Packaging (BD) Limited and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....diction of the High Court when he had adequate remedy open to him by an appeal to the Tribunal. 26. In State of Himachal Pradesh Vs. Raja Mahendra Pal, AIR 1999 SC 1786, a Maharaja of Himachal claimed relief in the High Court for issuance of the command to the State Forest Corporation by tr...... power to quash a criminal proceeding in exercise of powers under Article 102 of the Constitution. We have come across in a number of cases and find the High Court Division is not maintaining uniformity in entertaining and disposing of petitions for quashing criminal proceedings. Some Benche......ld that the right of the Maharaja, if any, are based upon a contract for which he was obliged to avail of by way of "the alternative efficacious remedy for filing a suit either for recovery of the money or for ambition of a grounds. The alternative remedy available to the Maharaja admittedly n..Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39
Ayat Steel Limited Vs. Mohammad Ali and others, 2011, 40 CLC (AD)
....the suit property and that the respondents have been threatening to dispossession. 3. Respondent Nos.1-3 contested the prayer for temporary injunction by filing written objections refuting the claim of the plaintiff-petitioner claiming that Islami Bank Bangladesh Limited, the respondent No.......titioner. Mahmudul Islam, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on- record-For Respondent No.2 Not represented-For Respondent Nos.1 & 3-11. Civil Petition for Leave to Appeal No.1239 of 2011. Judgment Surendra Kumar Sinha J. - Plaintiff in a s...... with no option but to maintain the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 123. ..Category: Civil Law | Date: 17 Jul, 2011 | Hits: 7
M/S. Hasan Vegetable Oil Mills Ltd. Vs. M. T. SCEPTRE, 2011, 40 CLC (HCD)
....ty of CDSO as imported by it but the plaintiff was given delivery of 9923.924 M.T. of CDSO having 76.076 M.T. short. The plaintiff suffered loss for the said short landing and accordingly submitted a claim bill to the defendant No.4, M/S. Rainbow Shipping Lines, the local agent of the defendant No.1......Dhaka. 9. The Chairman, Chittagong Port Authority Chittagong. 10. The Harbor Master Chittagong Port Authority, Chittagong. 11. The Commissioner of Customs Customs House, Chittagong.......Proforma-Defendant. Judgment July 17, 2011. Result: The Suit is dismissed. Cases Referr...... as to costs. The Bank Guarantee submitted by the defendants earlier be returned immediately to the filing Advocate on behalf of the defendant Nos.1 and 3. Ed. This Case is also Reported in: ..Category: Admiralty Law or Maritime Law | Date: 17 Jul, 2011 | Hits: 61
Kaisar-uz-zaman Vs. State and others, 2011, 40 CLC (HCD)
.... the light of observation made above. The order passed earlier staying further proceeding of the special case is hereby vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 15. ......twali Police Station Case No.39 dated 17-12-2004, under sections 406/409/420 of the Penal Code, pending in the Court of Senior Special Judge, Sylhet, should not be quashed. 2. The facts relevant for disposal of the Rule, in short, are that the petitioner, who was the Manager of IFIC Bank, Tulti......formant Kaisar-uz-zaman received Taka 40,00,000 in total from different account holders, including Taka 8,70,000 from Juned Ahmed, which they deposited against their respective accounts. But the money had not been entered in their accounts. Accordingly in that case final report was submitted an..Category: Anti-Corruption Laws | Date: 14 Jul, 2011 | Hits: 43
Abul Bashar Vs. Abul Kashem and others, 2011, 40 CLC (HCD)
....aintiff petitioner, canvassed before me that the suits i.e. Other Suit No.41 of 1991 was a suit for specific performance of a contract and Other Suit No.42 of 1992 was for declaration and reliefs claimed are separate, as such, both the suit cannot be heard analogously. Learned Advocate further s......and in Civil Revision No.4490 of 1995 petitioner was defendant. Civil Revision No.4488 of 1995 arisen out of Other Class Suit No.79 of 1988 renumbered as 47 of 1991, further renumbered as 185 of 1991 for declaration that decree obtained in Other Class Suit No.13 of 1984 on 14-2-1985 and proceedings ......Taka 15,000 and received Taka 3,000. Mabia Khatun died leaving defendant Nos.1-8 as heirs, who confirmed the aforesaid agreement of their mother and also receiving of Taka 4,000 towards consideration money, gave undertaking on 10-5-1980 and executed instant kabala. Nurul Alam filed Other Class Suit ..Category: Civil Law | Date: 23 Jun, 2011 | Hits: 44
Sonali Bank Limited Vs. Abdul Malek and another, 2011, 40 CLC (HCD)
....for a sum of Tk. 6,25,486.05, being the loan amount and accrued interest thereon. The respondent No.1 filed written statement admitting that he took the loan of Tk. 3,94,000/- but denied the amount claimed by the Bank in the Money Suit. He expressed his intention to pay back the loan while explain......han, Advocate instructed by Nurul Islam Rhuiyan, Advocate-on-Record-For the petitioner. Abdul Malek (In person)-For respondent No.1. Not represented-For respondent No.2. Civil Petition for Leave to Appeal No.2012 of 2010. (From the judgment and order dated 20.05.2010 passed by th...... matter has been pending since 1991 and Sonali Bank took no action to prosecute the case and if the Bank had accepted the decree when it was pronounced then by this time they would have received more money than the money which has accrued from the award of a lesser rate of interest. This is what we ..Category: Banking Law | Date: 22 Jun, 2011 | Hits: 162
Sonali Bank Limited Vs. Abdul Malek and another, 2011, 40 CLC (HCD)
....for a sum of Tk. 6,25,486.05, being the loan amount and accrued interest thereon. The respondent No.1 filed written statement admitting that he took the loan of Tk. 3,94,000/- but denied the amount claimed by the Bank in the Money Suit. He expressed his intention to pay back the loan while explain......han, Advocate instructed by Nurul Islam Rhuiyan, Advocate-on-Record-For the petitioner. Abdul Malek (In person)-For respondent No.1. Not represented-For respondent No.2. Civil Petition for Leave to Appeal No.2012 of 2010. (From the judgment and order dated 20.05.2010 passed by th...... matter has been pending since 1991 and Sonali Bank took no action to prosecute the case and if the Bank had accepted the decree when it was pronounced then by this time they would have received more money than the money which has accrued from the award of a lesser rate of interest. This is what we ..Category: Banking Law | Date: 22 Jun, 2011 | Hits: 7
Iftekhar Uddin Ahmed Vs. Artha Rin Adalat and another, 2011, 40 CLC (HCD)
....ions the Rule is disposed of. The order of stay stands vacated. Communicate the Judgment to respondent No.2 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 75. ......it Petition No.8963 of 2010. Judgment Zinat Ara J.- In this Rule Nisi, the petitioner has challenged the legality of the proceeding of Money Decree Execution Case No.08 of 1995 pending before the Artha Rin Adalat No.2, Dhaka arising out of Money Suit No.26 of 1990. 2. Facts necess......ions the Rule is disposed of. The order of stay stands vacated. Communicate the Judgment to respondent No.2 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 75. ..Category: Limitation Law | Date: 20 Jun, 2011 | Hits: 13
Md. Habibur Rahman Bhuiyan and others Vs. Mosammat Galman Begum and others, 2011, 40 CLC (AD)
....y learned brother, Md. Abdul Wahhab Miah, J. I agree with the judgment of brother Surendra Kumar Sinha J. Surendra Kumar Sinha J. - Pre-emptor is the appellant who seeks pre-emption of a holding claiming as co-sharer transferred by the respondent No.2 in favour of Sultan Uddin Bhuiyan, the pred......nd being a Government Servant, she used to stay with her husband at different places and so she could not visit her paternal home regularly. On her request her brother, the vendor, arranged a meeting for amicable partition of the joint property and in the said meeting, the vendor disclosed that he......ed by my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:9 ADC (2012) 575. ..Category: Property Law | Date: 15 Jun, 2011 | Hits: 169
Abu Bakkar Lashkar & others Vs. Rostam Ali Mondal & others, 2011, 40 CLC (AD)
....y;native for partition. The cause of action of a partition suit is recurring. The plaintiffs may have recourse to legal measures before the appropriate Court for partition of ejmali property if their claim is not otherwise barred (emphasis supplied). 10. The findings arrived at, and the de......Involved: Md. Nawab Ali, Advocate-on-Record—For the Petitioners. M. A. Jabbar, Advocate, instructed by M. G. Bhuiyan, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No.1294 of 2010. (From the judgment and order dated 27.04.2010 passed by th......ciation of law and facts do not call for interference. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 210. ..Category: Procedural Law | Date: 9 Jun, 2011 | Hits: 100
Md. Arif-Uz-Zaman Vs. State and another, 2011, 40 CLC (AD)
....h Court Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 400; 8 LG (AD) (2011) 196; 17 BLC (AD) (2012) 167; 21 BLT (AD) 234. ......I of 1881); sections 123A & 138 (1) The legislature has consciously used in section 138 (1), the word any ‘cheque’ drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account. Legislature very well......p; 138 (1) The legislature has consciously used in section 138 (1), the word any ‘cheque’ drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account. Legislature very well knew about section 123A of t..Category: Banking Law | Date: 9 Jun, 2011 | Hits: 196
Farzana Akter (Kakoli) Vs. Md. Kabir Hossain and others, 2011, 40 CLC (HCD)
....the Code of Criminal Procedure and the accused stands released there under, such release is neither an acquittal nor a discharge as has been contemplated under the Code and as such the accused cannot claim the protection of section 403 of the Code from facing trial for the same offence.” 10. Fo......nal, Patuakhali in Nari-o-Shishu Case No.185 of 2004 stopping all further proceedings of the case. 2. Facts leading to this appeal, in short, are that the appellant filed a petition of complaint before the Nari-o-Shishu Nirjatan Daman Tribunal, Patuakhali against four persons including respondent......learned Judge of the Tribunal is directed to proceed with the trial in the said Nari-o-shishu case in accordance with law. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Women and Children | Date: 6 Jun, 2011 | Hits: 102
Bangladesh Tobacco Company Limited Vs. Ashoke Kumar Das & others, 2011, 40 CLC (HCD)
.... for the plaintiff appellant did not notice the schedule of the deed and drafted plaint as if there is no defect in the cause of action; no prayer was made to challenge the deeds of the defendants claiming title proper genealogy of driving title by plaintiff was not made, there is defect in the ...... The appeal is disposed of. Words and phrases Formal defect Formal defect includes every kind of defect which is in no way affect the merits of the case i.e. a defect of form not a defect in the merits of the case. 'formal defect' must be given a wide and liberal meani...... In the result, this appeal is disposed of. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 53. ..Category: Procedural Law | Date: 2 Jun, 2011 | Hits: 6
Chairman, Rajdhani Unnayan Katripakkha Vs. Mosammat Rahima Khatun and others, 2011, 40 CLC (HCD)
....ule is herby vacated. 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:......ng .12 acres pertaining to C.S. Plot No.122 of Mouza Brahmin Chiron under Motijheel Commercial Area, Dhaka and the said land was acquired by the opposite party No. 4 in a L. A. Case being No. 1/85-86 for expansion of Motijheel Commercial Area, Dhaka. The opposite party No.4, Deputy Commissioner of D......e under section 7(3) of the Acquisition and Requisition of Immovable Property Ordinance, 1982 (herein after referred to as the Ordinance). The present opposite party Nos.1-3 received the compensation money with objection through their lawful attorney. The compensation money was inadequate. Thus the ..Category: Limitation Law | Date: 2 Jun, 2011 | Hits: 165
BGP Inc., China National Petroleum Corporation Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....process nor was in the short list and accordingly, the present writ petition is not maintainable. It has further been contended that BGP (Bangladesh) International at no stage of the tender process claimed that they had Branch Office in Dhaka, Bangladesh or was the agent of BGP Inc., China Natio......on 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 Seismic Contractor” for conduct of 3100 L Km of 2D seismic survey in Block Nos......ance with law. With the above observations this Rule is disposed of. There will be no order as to costs. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ..Category: Civil Law | Date: 29 May, 2011 | Hits: 21
Zeyad Rahman and another Vs. Delta Insurance Company and others, 2011, 40 CLC (HCD)
....ons referred to by the petitioner have no manner of relevance with regard to the present management and the petitioner has failed to disclose any real and genuine cause of apprehension to justify his claim for neutral and independent Election Commission for conducting of election of directors or the......hich have fallen due. Moreover, High Court Division has to condone the delay in holding AGMs as a matter of course as ex debito justitiae (a remedy which the applicant gets as of right) and no reason for condoning the same needs to be assigned. .............. (50) Court has power to pass conseq......our) weeks from the date of the drawing up of this Judgment 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
Sk. Nurul Islam Vs. State, 2011, 40 CLC (HCD)
.... Charge under Sections 409/420/109 of the Penal Code read with Section 5(2) of the Act II of 1947 was framed against Md. Nurul Islam @ Sk. Nurul Islam and another to which they pleaded not guilty and claimed to be tried. 4. The prosecution, in order to prove the case, adduced as many as 23 wit&......ushtia Police Station Case No.17 dated 29.1.1991 corresponding to D.A.B. G.R. No.2 of 1991(Kushtia) convicting him under Section 409 of the Penal Code and sentencing him to rigorous imprisonment for four years and to pay a fine of Tk.5,000/-, in default, to suffer simple imprisonment for one ye......ce Station alleging that, accused Md. Nurul Islam, Auditor, Accounts Office, Doulatpur Upazila Parishad, Kushtia in connivance with the other accused persons misappropriated the public money amounting to Tk. 4976/- of the aforesaid Upazila Parishad. He, being a public servant, having ..Category: Anti-Corruption Laws | Date: 19 May, 2011 | Hits: 157
Manager, Rupali Bank Ltd. Vs. M/S New Music Corner and another, 2011, 40 CLC (HCD)
....t record. 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: ......tha Rin Adalat, Bogra, in Artha Rin Case No. 326 of 1994 dismissing the suit. 2. The plaintiff appellant instituted Artha Rin Case No.326 of 1994 impleading the present respondents as defendants for realization of Tk. 17,07, 996.30. 3. The plaintiff in his plaint stated inter-alia that th......f the said loan and mortgaged his property mentioned in the schedule of the plaint with the bank by a registered deed. In the sanction letter it was stipulated that the defendant would repay the loan money with the specified time but since he failed to repay the loan amount till 30.09.1994, the cash..Category: Banking Law | Date: 18 May, 2011 | Hits: 209
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