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Millennium Holdings Limited Vs. Hilton International Co., 2012, 41 CLC (HCD)
....suing notice to the respondents to show cause as to why the respondents shall not be restrained by an order from entering into any management agreement or any other similar arrangement with any third party other than the petitioner for operating, establishing or managing any “Hilton” branded hot...... interim order dated 24.8.2011 and the petition under Section 7(a) of the Arbitration Act, 2001 is rejected. However, there shall be no order as to costs. Ed. This Case is also Reported in: ......lause as provided in Article 12(A) (12(B) of the management agreement which provided for cancellation for the agreement upon happening certain contingency specially regarding the title of the project loan. 11. Therefore, the negotiation as made by the respondents with other third party in establi..Category: Arbitration Law | Date: 10 Jan, 2012 | Hits: 45
SS Enterprise Vs. Government of Bangladesh others, 2012, 41 CLC (HCD)
....m Khan, Advocate - For the Petitioner. No one appears - For Respondents. Writ Petition No.8442 of 2011. Judgment Md. Ashfaqul Islam J.- Let the supplementary-affidavit be formed part of the main application. 2. At the instance of the petitioner Messrs SS Enterprise, this R......tioner to represent his case properly. With this observation the Rule is disposed of. Communicate this order at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 86. ......tioner to represent his case properly. With this observation the Rule is disposed of. Communicate this order at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 86. ..Category: Business or Commercial Law | Date: 10 Jan, 2012 | Hits: 102
Mohammad Ali Vs. State and another, 2010, 39 CLC (HCD)
....meaningless interpretation. It is an elementary rule of construction that the intention of the legislature must be sought from the statute taken as a whole. In arriving at the true meaning of any particular phrase or words employed in the statute it must not be viewed isolated from the context......ed generally, is said to be crossed "account payee." (2) when a cheque is crossed "account payee" (a) it shall cease to be negotiable; and (b) it shall be the duty of the Banker collecting payment of the cheque to credit the proceeds there of only to the account of the payee named in the ......n, Executive Officer of the Export Import Bank of Bangladesh, Nawabpur Branch, Dhaka filed a complaint-petition in the respective CR cases, referred to above, stating that accused-petitioner took loan from the Bank under different sanction letter order mentioned in the compliant-petition with a ..Category: Banking Law | Date: 10 Jan, 2012 | Hits: 452
Mahua Khair Vs. Amena Begum Ali Ispahani, 2012, 41 CLC (AD)
....e judgment and decree in Title Suit No.4 of 1998 passed by the Subordinate Judge (now Joint District Judge), Additional Court, Dhaka. 2. Both the appeals arise out of litigation between the same parties concerning land situated at Plot No.6, Block No. NW (A), Road No.69, Gulshan Model Town, Dha...... as the “agreement for sale”) to Mahua Khair (hereinafter referred to as the “Purchaser”) for an agreed consideration of Tk.42, 50,000/- (Taka forty-two lacs fifty thousand). The initial down payment of Tk. 20,00,000/- (Taka twenty lacs) was paid at the time of execution of the deed of agree...... i.e. the Sub-Ordinate Judge (now Joint District Judge), Additional Court, Dhaka. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 172; 17 BLC (AD) (2012) 139; 9 ADC (2012) 924. ..Category: Contract Law | Date: 10 Jan, 2012 | Hits: 1077
Md. Amzad Hossain Parag Vs. Md. Saiful Islam and others, 2012, 41 CLC (AD)
....f Ali Chowdhury and others. By amicable arrangement Syed Altaf Ali Chowdhury got the land of the suit plot in his exclusive share. That since the land of the suit plot was leased out by the Fishery Department of the Government to one Advocate objection was raised by said Syed Altaf Ali Chowdhur......No.1029 with some land of the plaintiff by a registered deed of exchange and also delivered possession of the said land to the plaintiff. The plaintiff since then had been possessing the suit land on payment of rent etc. regularly. That the defendants created obstacle in the peaceful possession of t......w the judgment and decree of the trial court will stand. In the circumstances we dismiss this civil petition for leave to appeal. Ed. This Case is also Reported in: 9 ADC (2012) 224. ..Category: Property Law | Date: 9 Jan, 2012 | Hits: 98
Advocate Manzill Murshid Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....tion and Privileges of the Hon’ble Judges of the Supreme Court of Bangladesh, to keep the same at pace with the usual hikes in the cost of living. 6. Like the superior Court judges in other parts of the world, SC Judges of Bangladesh also hold offices under the Constitution. Their remune......es. Their slip shod decision is ludicrous by all yardsticks. 13. Impugned letters are discriminatory because previously the respondents paid/sanctioned medical bills to many S.C judges. Such payments are made to other state functionaries of even lesser importance. None filed any affid...... are set aside. The respondents are directed to revoke the impugned orders forthwith and restore the previous practice without further ado. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: 6 Jan, 2012 | Hits: 12
Sohrab Ali Dewan Vs. State, 2012, 41 CLC (HCD)
....7. None appears for the petitioner. Md. Abdul Rahman Howlader, the learned Assistant Attorney-General appears for the State and opposes the Rule. 8. The Anti-Corruption Commission was not made a party to the proceeding. However Khurshid Alam Khan, the learned Advocate, appears on behalf of the ......udgment and order to the learned Senior Special Judge, Munshiganj and another copy to the Chairman, Anti-Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 106. ......udgment and order to the learned Senior Special Judge, Munshiganj and another copy to the Chairman, Anti-Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 106. ..Category: Anti-Corruption Laws | Date: 1 Jan, 2012 | Hits: 80
Somed Ali Vs. State, 2011, 40 CLC (AD)
.... that he would give taka 3000.00 and accordingly, he having gone home, sent the said money. The P.W. took Anguri Khatun to his house on ‘বেয়াই’ in the month of Jaistha and in the last part of the month of Ashwin, Khurshed Ali took her back to his house. Khurshed Ali did not return ba......death is commuted to imprisonment for life. The jail authority is directed to remove the petitioner from the condemn cell immediately. Ed. This Case is also Reported in: 9 ADC (2012) 712. ......death is commuted to imprisonment for life. The jail authority is directed to remove the petitioner from the condemn cell immediately. Ed. This Case is also Reported in: 9 ADC (2012) 712. ..Category: Criminal Law | Date: 15 Dec, 2011 | Hits: 27
Mrs. Jahanara Ahmed Vs. Arab Bangladesh Bank Ltd. and others, 2011, 40 CLC (AD)
....a Rin Adalat No.2, Dhaka against the defendant Nos.1 to 5 for realization of outstanding loan. That suit was subsequently renumbered as Title Suit No.143 of 1998. The suit was ultimately decreed ex-parte vide judgment and decree dated 25.11.1998. Since the judgment debtor failed to pay the decreta......Case No.19 of 2003. The case of this petitioner was that she purchased the "B" schedule property from Hossain Ahmed Chowdhury the judgment debtor at a consideration of Tk.10,00,000/-. That she made payment of full consideration money to Hossain Ahmed Chowdhury and got possession of the "B" schedul......espondent No.1 Arab Bangladesh Bank Limited, as plaintiff, instituted Title Suit No.134 of 1995 before the Artha Rin Adalat No.2, Dhaka against the defendant Nos.1 to 5 for realization of outstanding loan. That suit was subsequently renumbered as Title Suit No.143 of 1998. The suit was ultimately ..Category: Property Law | Date: 15 Dec, 2011 | Hits: 81
Bangladesh Jute Mills Corporation Vs. Md. Mahbubur Rahman and another, 2011, 40 CLC (AD)
....m his service factually and legally, he ceased to have any relationship with BJMC as its employee. So, he could not make any prayer for reinstating him in the service of BJMC. We find no fault on the part of BJMC to take the stand that since the petitioner was neither dismissed nor removed by BJMC t......e appeal. Accordingly, the appeal is allowed without any order as to cost. The impugned judgment and order is set-aside. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 6. ......e appeal. Accordingly, the appeal is allowed without any order as to cost. The impugned judgment and order is set-aside. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 6. ..Category: Employment/Service Law | Date: 13 Dec, 2011 | Hits: 152
JMS Glass Industries Limited Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....etitioner. None appears - For the Respondents. Writ Petition No.9742 of 2011. Judgment Md. Ashfaqul Islam J.- Let the supplementary affidavit filed by the petitioner be formed part of the main petition. 2. At the instance of the petitioner, IMS Glass Industries Limited......e: Provided that such person may, instead of depositing the amount of the penalty as aforesaid deposit only fifty percent thereof and furnish a guarantee from a scheduled Bank for the due payment of the balance: Provided further that where, in any particular case, the appellate a......directed to admit and dispose of the appeal expeditiously. With this observations and direction, the Rule is disposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 77. ..Category: Fiscal/Taxation Law | Date: 12 Dec, 2011 | Hits: 14
Begum Khaleda Zia Vs. State and another, 2011, 40 CLC (HCD)
....lip;……………Petitioner Vs. State and another…………………………………Opposite-parties Judgment December 12, 2011. Result: The Rule is discharged. Cases R......eed with the impugned Special Case in accordance with law. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 1. ......eed with the impugned Special Case in accordance with law. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 1. ..Category: Anti-Corruption Laws | Date: 12 Dec, 2011 | Hits: 161
Government of Bangladesh and others Vs. Saleha Akter, 2011, 40 CLC (AD)
....roverting the statements made in the writ petition. 5. The case of the respondents discloses from the submission of the learned Deputy Attorney General, in as much as, it was precondition on the part of an applicant to furnish his/her application written by his/her own hand but in the instant c......ed Deputy Attorney General for the petitioners. Accordingly, the leave petition is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 328. ......ed Deputy Attorney General for the petitioners. Accordingly, the leave petition is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 328. ..Category: Employment/Service Law | Date: 8 Dec, 2011 | Hits: 204
Harabilash Mitra Vs. Biswas & another, 2011, 40 CLC (HCD)
.... Harabilash Mitra…………………………Appellant Vs. Biswas & another………………………Respondent Judgment December 7, 2011. Result: The appeal is allowed-in-part. Relationship between the Nari-o-Shishu Nirjatan Ain, 2000 and the Code of Criminal Procedu......ame to the learned Judges of the Nari-o-Shishu Nirjatan Tribunal for their appraisal. Communicate the Judgment and Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 343. ......ame to the learned Judges of the Nari-o-Shishu Nirjatan Tribunal for their appraisal. Communicate the Judgment and Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 343. ..Category: Women and Children | Date: 7 Dec, 2011 | Hits: 70
Husne Ara Begum and another Vs. Saiful Alam (Md.) and others, 2011, 40 CLC (HCD)
....The rule is made absolute. No Court can pass a decree which is unexecutable The averments and statement made in the application under Order I Rule 10 of the Code of Civil Procedure that 3rd party petitioner claimed the suit land on the basis of prior heba-bil-ewaj deed and also by purchase......ordingly. The learned Judge is directed to proceed with suit in accordance with law. Communicate this order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 34. ......ordingly. The learned Judge is directed to proceed with suit in accordance with law. Communicate this order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 34. ..Category: Civil Law, Procedural Law | Date: 1 Dec, 2011 | Hits: 4
Jakir Hazi Vs. State, 2011, 40 CLC (HCD)
....J Jakir Hazi................................Petitioner Vs. State………………………………….......Opposite-party Judgment November 30, 2011. Result: The Rule is made absolute. Confe......as it relates to the petitioner is hereby quashed. Send down a copy of this judgment and order to the court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 274. ......as it relates to the petitioner is hereby quashed. Send down a copy of this judgment and order to the court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 274. ..Category: Criminal Law | Date: 30 Nov, 2011 | Hits: 1
Rabindra Nath Roy @ Rabindra and another Vs. State, 2011, 40 CLC (AD)
....pellants Vs. State………………………………………………………………………………..Respondent Judgment November 24, 2011. Result: The Appeal is allowed in part. Cases Referred to- Sivaji Bobade Vs. State of Maharashtra, (1973) 2 SCC 793; Sogaimuthu ......amination of the accused-persons under section 342 in the light of the observations made above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 50; 17 MLR (AD) (2012) 253; 9 ADC (2012) 520.......amination of the accused-persons under section 342 in the light of the observations made above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 50; 17 MLR (AD) (2012) 253; 9 ADC (2012) 520...Category: Women and Children | Date: 24 Nov, 2011 | Hits: 190
Nazir Ahmed and others Vs. Fajal Ahmed & others, 2011, 40 CLC (HCD)
....ect of the suit land; thereafter, on 27-6-1992 Moklis Miah sold the suit land in favour of plaintiff Fazal Ahmed and one Akbor Ali and had handed over possession; said Akbor Ali subsequently sold his part of the suit land in favour of the plaintiff Fazal Ahmed, thereafter, the plaintiff got his excl...... land sold the same in favour of Rosomoy Chandra by a registered kabala dated 16-6-1960; while Rosomoy Chandra was in possession and enjoyment of the suit land the same was put to auction owing to nonpayment of rent and eventually Certificate Case No.188/64-65 was initiated and upon conclusion there......l bear their respective costs. Send down the lower Court records with a copy of the judgment to the trial Court forthwith. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 260. ..Category: Civil Law | Date: 23 Nov, 2011 | Hits: 7
State Vs. Hasibul Hasan (Md.), 2011, 40 CLC (HCD)
....r of Sakhina identified by Constatle Mosharraf Hossain and found the following injuries: - “(1) A rounded non continuous ligature mark on the front (left) side and back of the neck in its upper part. A gap on the right side of neck below the right ear. (2) Abrasion with blood clot on the ex......led against them and they are discharged from their respective bail bond. The office is directed to send down therecords at once. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 291. ......led against them and they are discharged from their respective bail bond. The office is directed to send down therecords at once. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 291. ..Category: Women and Children | Date: 21 Nov, 2011 | Hits: 114
Joynal Abedin Hazari Vs. State and another, 2011, 40 CLC (HCD)
.... Judgment reported in 62 DLR (AD) 290 it has also been held that "asking a detenu to submit return of his assets within a period of 72 hours, it itself a worst example of arbitrary action on the part of the concerned authority. A notice must allow a reasonable time to check-up the details of th......e may be discharged from his bail bond immediately. Send down the lower Court records with a copy of this Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 58. ......e may be discharged from his bail bond immediately. Send down the lower Court records with a copy of this Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 58. ..Category: Anti-Corruption Laws | Date: 20 Nov, 2011 | Hits: 7
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