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AJM Helal Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....rs are directed to surrender their respective bail bond within 2(two) months from date. Communicate this judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 479. ...... appeal is a continuation of the suit/case and there is no dispute that in the society a class of borrowers or drawers in taking shelter of this principles of law deliberately used to drag the appeal for an indefinite period in order to hang the process of realization of loan money or unpaid cheque'......e society a class of borrowers or drawers in taking shelter of this principles of law deliberately used to drag the appeal for an indefinite period in order to hang the process of realization of loan money or unpaid cheque's money for an indefinite period in which the payee or the holder of the cheq..Category: Civil Law | Date: 9 Feb, 2009 | Hits: 45
Sontosh Kumar Shaha Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
.... in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties, or between parties under whom they or any or them claim, litigating under the same title, in a Court competent to try such subsequent suit or the suit......fficial gazette, by implementing the order of withdrawal of suspension of the petitioner dated 26.4.2003 (Annexure-J) along with Memo No.218 dated 26.4.2004 (Annexure N-(9) by placing the same before the General Administration Committee (G.A. Committee) as per rule 3(d)(16) of the High Court Di......his remedy. Directions etc. will ensue only from undisputed facts. Disputed questions of fact will not be entered into. It does not lie to enforce mere technicalities. It is not a substitute for money relief. Nor can all wrongs be remedied by judicial review. See Article 103 (3) barring any int..Category: Administrative Law, Constitutional Law | Date: 5 Feb, 2009 | Hits: 2
Abdul Latif Howlader and others Government of Bangladesh and others, 2009, 38 CLC (HCD)
....mo directly into vacant posts of a similar scale. Therefore, it transpires that the transfer of those five persons had created a disparity between them and the petitioners and the petitioners rightly claim that they have been discriminated against. Since five displaced employees standing on the same......7.2007 (Annexure-F) issued by respondent No.4 should not be declared to have been passed without lawful authority and is of no legal effect. 2. The facts of the case, so far as are relevant for disposal of this Rule, are that the petitioners and 33 others were appointed as night guards and......e being vacant posts of similar scale available. Let a copy of this judgment and order be transmitted at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 280. ..Category: Administrative Law, Employment/Service Law | Date: 21 Jan, 2009 | Hits: 1
James Finaly Pic. Chittagong Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)
....d by the Port Authority were not capable of handling the containers of the Shipping Agents. Before issuance of the said circular on 29-5-1985 appellant filed an application to the Port Authority claiming refund of sum of Taka 5, 63,685.31 as no crane service was provided to the appellant. Subse......-6-1985 both days inclusive though no crane service was provided to the appellant. On the representation of the appellant by circular No.113 of 85 dated 8-6-1985 Chittagong Port Authority informed all concerned that no hire charges be realized would be refunded to the respective port user ......the submissions of the learned Advocate for the appellant. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 79. ..Category: Civil Law | Date: 17 Dec, 2008 | Hits: 7
MM Ali Ispahani Vs. MM Ispahani Ltd., 2008, 37 CLC (HCD)
....cess of the return of the shares of MMI to the Petitioner No. 1 is shown to have finally been effected on 27.10.1999 (Exhibit-‘C’). However, of greater relevance to the Petitioners’ claim is the manner in which the Hussainia Trust effected a transfer of the 17,184 shares belonging ......az Rahman, Advocate-For the Respondents. Company Matter No. 40 of 1994. Judgment Syed Refaat Ahmed J.- This Application as filed in 1994 under Section 38 of the Companies Act, 1913 for a rectification of share register has finally come to be disposed of fourteen years later by thi......he benefits of the transfers to this date as claimed by the Petitioners. At the very outset the relationship of the transferors and transferees appear to be bound by the very receipt of consideration money for effecting such transfers not only on the part of MAHI but also the Respondent No. 9. It is..Category: Company Law | Date: 4 Dec, 2008 | Hits: 505
Dewan Joynal Abedin Vs. Husen Ahmed Khan and others, 2008, 37 CLC (HCD)
....t. 2. Opposite party No. 1 instituted the Miscellaneous Case No.12 of 2002 (pre-emption) in the Court of the learned Assistant Judge, Nasirnagar, Brahmanbaria for pre-emption of the case land claiming as co-sharer by inheritance. The petitioner resisted the claim of pre-emption by filing a ......d under rule 17 of Order XLI of the Code of Civil Procedure, the petitioner should avail the specific remedy by way of an application under Order XLI, rules 19 or 19A of the Code of Civil Procedure for re-admission of the appeal and should not move to the High Court Division in revisional jurisd...... maintainable. I find no merit in this Rule. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 139. ..Category: Property Law | Date: 2 Dec, 2008 | Hits: 7
.... Crude Degummed
Soya Bean Oil. Such a state of affairs led the plaintiff in both the Suits to
initiate legal proceedings and to obtain orders of arrest of the concerned
vessels as security for the claims made. It is at this juncture that the two
Protection and Indemnity Associations ("P&I cl......
Judgment
Syed
Refaat Ahmed J. -
These are two Applications filed on behalf of the defendant Nos. 1 and 2 in
both cases under Order I, rule 10 (2) of the Code of Civil Procedure
("Code") for striking out the names of the defendant Nos. 1 and 2
from each of the plaints in the two Suits.......endants in general,
and the defendant Nos. 1 and 2 in particular, submit their Written Statements
positively by 4-1-2009.
Ed.
This Case is also
Reported in: 61 DLR (HCD) (2009) 244. ..
Category: Admiralty Law or Maritime Law | Date: 26 Oct, 2008 | Hits: 17
Ayub Ali alias Mukul Vs. State, 2008, 37 CLC (HCD)
.... in the Court of Magistrate, 1st Class. Cognizance Court No. 1, Munshiganj is hereby quashed. Communicate this Judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 52. ...... August 14, 2008. Result: The Rule is made absolute. At the time of taking loan no promise as to return of money within a specified time was made and no allegation of inducement for getting the loan money from the informant was made. The accused petitioner took the money from t...... ……………….......................Opposite Party Judgment August 14, 2008. Result: The Rule is made absolute. At the time of taking loan no promise as to return of money within a specified time was made and no allegation of inducement for getting the loan money fr..Category: Criminal Law | Date: 14 Aug, 2008 | Hits: 28
.... to harass respondent No. 4 and his wife. Prior to filing of this Writ Petition, no allegation was made against respondent No. 4 or his wife concerning the parenthood of the seven children. Even none claimed the parenthood of the children except respondent No. 4 and his wife (respondent No. 6) who a................. Respondents
Judgment
August 14, 2008.
Result:
The Rule and the supplementary Rule are made absolute.
Words and Phrases
DNA
DNA stands for ‘Deoxyribonucleic Acid’, a molecule that contains all of our genetic information. By examini......or DNA test. The Nari-O-Shishu Nirjatan Case pending in the Court below shall proceed as usual.
Farid Ahmed J.- I agree.
This Case is also Reported in: 61 DLR (HCD) (2009) 371.
..
Category: Women and Children | Date: 14 Aug, 2008 | Hits: 201
....to pay the said
money subject to the said respondents observing the condition of Clause No. 3
of the sale agreement dated 30-5-2005. At this stage the respondent No. 7, the
government functionary, claimed most arbitrarily additional amount of money
against the sale proceed of Kuliarchar Ground N......ustry as they were the seller of the denationalized and
privatized enterprise Ms. Kuliarchar Ground Nut Mills Limited. The writ
petitioner thereafter was elected as Managing Director of the Company for the
period until otherwise decided by the Board. On 7-10-2000 the Board of
Directors of the co......in three
installments. On 10-6-2005 the respondent Nos. 3, 4 and 5 served a legal notice
upon the writ petitioner demanding payment of Taka 78,00,000 within 30-6-2005
against the due consideration money of the sale of the shares to the writ
petitioners which the petitioner replied on 27-6-2005, ..
Category: Company Law | Date: 12 Aug, 2008 | Hits: 18
....n agreement with the defendant No.1 in order to develop the land after cutting hill and the plaintiff became member of the society and in lieu of two plots of the society he had relinquished his claim over .37 decimals of land in favour of the defendant No.1 in the first part of 1983 and accord......y passed by the learned Senior Assistant Judge, 5th Court, Sadar, Chittagong in Other Suit No.121 of 1992 should not be set aside.
2. The petitioner being sole plaintiff instituted the suit for permanent injunction in the Court of Senior Assistant Judge, 5th Court, Sadar, Chittagong on 19.......t of 1983 and accordingly handed over the possession of the said land to defendant-1 and also assured the defendant No.1 to pay Tk. 10,000/- towards development cost and also assured to pay more money if necessary. The defendant developed the land along with the said .37 decimals of land allott..
Category: Civil Law, Property Law | Date: 5 Aug, 2008 | Hits: 4
Kazi Salahuddin Vs. Kazi Badruzzahedin (Dabir) and others, 2008, 37 CLC (AD)
....e does not call for interference by this court. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 113. ......itioner. A. F. M. Meshbahuddin, Senior Advocate, instructed by Zahirul Islam, Advocate-on-Record-For Respondent No. 1. Not represented- Respondent Nos. 2-3. Civil Petition for Leave to Appeal No. 136 of 2008. (From the judgment and order dated 26.11.2007 passed......est .0382 ajutangsha land of the said wakf had gone out of their possession and in the absence of any such explanation it is clear that the said .0382 ajutangsha was sold away and the whole price money was misappropriated by said Kazi Khairuddin and his son Badruzzahedin Dabir without spendi..Category: Trust/Waqf Law | Date: 22 Jul, 2008 | Hits: 166
Md. Abdul Jabber Biswas and others Vs. Aysha Khatoon and others, 2008, 37 CLC (HCD)
....ors filed the Preemption Miscellaneous Case No.33 of 2000 under section 96 of the State Acquisition and Tenancy Act in the court of the learned Assistant Judge, Patuakhali for preemption. 3. The claim of the preemptors is in brief that they are co-shares by inheritance in the holding of the lan......ite party Nos.1-3 as preemptors filed the Preemption Miscellaneous Case No.33 of 2000 under section 96 of the State Acquisition and Tenancy Act in the court of the learned Assistant Judge, Patuakhali for preemption. 3. The claim of the preemptors is in brief that they are co-shares by inheritan......n them by a kabala dated 17.04.2000. They came to know about such transfer on 08.05.2000 and after obtaining the copy of the kabala filed the application of preemption by depositing the consideration money along with its 10% under 96 of the Estate Acquisition and Tenancy Act. 4. The purchasers ..Category: Property Law | Date: 21 Jul, 2008 | Hits: 3
Md. Abdul Jabber Biswas Vs. Aysha Khatoon and others, 2008, 37 CLC (HCD)
....ors filed the Preemption Miscellaneous Case No.33 of 2000 under section 96 of the State Acquisition and Tenancy Act in the court of the learned Assistant Judge, Patuakhali for preemption. 3. The claim of the preemptors is in brief that they are co-shares by inheritance in the holding of the lan......ite party Nos.1-3 as preemptors filed the Preemption Miscellaneous Case No.33 of 2000 under section 96 of the State Acquisition and Tenancy Act in the court of the learned Assistant Judge, Patuakhali for preemption. 3. The claim of the preemptors is in brief that they are co-shares by inheritan......n them by a kabala dated 17.04.2000. They came to know about such transfer on 08.05.2000 and after obtaining the copy of the kabala filed the application of preemption by depositing the consideration money along with its 10% under 96 of the Estate Acquisition and Tenancy Act. 4. The purchasers ..Category: Property Law, Tenancy Law | Date: 21 Jul, 2008 | Hits: 5
Reckitt Benckiser (Bangladesh) Ltd. Vs. Oram Limited, Sale Centre, 2008, 37 CLC (HCD)
.... in question under section 42(1) of the Act. But if the arbitration is found as not international commercial arbitration then the District Judge had the jurisdiction to see the merit of the claim made by the petitioner to set aside the award. Therefore, as of necessity we have to see ......aka in Arbitration Miscellaneous Case No.661 of 2007 should not be set aside and or pass such other or further order or orders as to this court may seem fit and proper. 2. Short facts, necessary for disposal of this revision are that a dispute having been arisen out of two agreements dated 30.1......trustees, to bring and defend actions etc., to refer to arbitration, to give receipt, to act in matters of bankrupts and insolvents, to authorise acceptance etc., to appoint attorneys, to invest money, to give security by way of indemnity, to give percentage, to make by laws, to make contracts,..Category: Alternative Dispute Resolution | Date: 13 Jul, 2008 | Hits: 18
Khairul Amin and others Vs. Md. Saidul Hoque & another, 2008, 37 CLC (HCD)
.... Code of Civil Procedure is not called for. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 252. ......1998 should not be set aside and or pass such or further order or orders as to this Court may seem fit and proper. 2. The opposite party No.1 as plaintiff instituted Other Suit No.2 of 1998 before the learned Assistant Judge, Sitakunda imp leading the predecessor of the present petitioner a......ed deed and delivered possession in favor of defendant No. 1, who executed an agreement to recover the suit land written by the selfsame deed writer within 3 years on repayment of the consideration money and upon repeated demand to recovery the suit land on accepting the consideration money, the..Category: Evidence Law | Date: 19 Jun, 2008 | Hits: 8
City Bank Ltd. Vs. Artha Rin Adalat No.1 Dhaka and others, 2008, 37 CLC (HCD)
.... party to the tripartite agreement, hence it had no knowledge of the said agreement which is not registered nor the said agreement is binding on the petitioner. Respondent No.2, Agrani Bank did not claim to have sent CIB report to Bangladesh Bank, vide their plaint nor the question of procuring ......nder Article 102 of the Constitution does not lie against the judgment and decree whether ex parte or on contest passed by the Artha Rin Adalat since there being specific provision in the statute for filing appeal against such judgment and decree passed…………………………….(20) ......sult, the Rule is discharged without any order as to cost. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 911. ..Category: Civil Law | Date: 17 Jun, 2008 | Hits: 7
Nadia Khalil Vs. Rudess Karim, 2008, 37 CLC (HCD)
.... However, there shall be no order as to costs. Let a copy of the judgment be sent down to the courts below at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 599. ...... Judgment June 17, 2008. Result: The Rule is made absolute. The Family Courts Ordinance 1985 (Ordinance No. XVIII of 1985); section 16A Condition precedent for invoking section 16A Section 16A of the Ordinance has empowered the family court to exer......stody of a minor children has held as under; "The dominant matter for the consideration of the court is the welfare of the child. But the welfare of the children is not to be measured by money or by physical comfort only. The word must be taken in a wider sense. The moral and religio..Category: Family Law | Date: 17 Jun, 2008 | Hits: 19
State Vs. Ershad Sheikh, 2008, 37 CLC (HCD)
....vidence recorded by the Tribunal. Send down the lower Court's records with a copy of this judgment for information and compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 183. ......of Criminal Procedure read with section 29 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 (hereinafter referred as the Ain) submitted by the learned Judge of the Nari-o-Shishu Nirjatan Daman Tribunal, for confirmation of sentence of death awarded by him to condemned-prisoner Ershad Sheikh convicting ......daughter named Tanjina .The occurrence took place on 3rd Baishakh of the last year, Wednesday, at 11-00 AM. On that date the accused demanded Taka 2,000. She further said that at the time of marriage money was given to the accused. In spite of that he occasionally used to demand money. In the mornin..Category: Women and Children | Date: 17 Jun, 2008 | Hits: 157
AKM Nazimuddin Vs. Md. Delwar Hossain and others, 2008, 37 CLC (HCD)
....ned Senior Assistant Judge, Sadar Court, Noakhali, in hereby affirmed. Send down the lower Court's record immediately. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 868. ......d under section 96 of the State Acquisition and Tenancy Act, should not be set aside and or pass such other or further order or orders as to this Court may seem fit and proper. 2. Facts relevant for disposal of the Rule are that admittedly the pre-emptor being a co-sharer sought pre-emption aga......were transferred by the Kabala deed dated 27-3-2002 but the pre-emptor initiated the pre-emption case against one of the holdings leaving out another holding. Admittedly, the total consideration money of the land was Taka 3,00,000 but the pre-emptor deposited Taka 1,50,000 along with the compen..Category: Property Law | Date: 11 Jun, 2008 | Hits: 12
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