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Md. Jasim Uddin Vs. Raqib Mia and others, 2011, 40 CLC (HCD)
....e Madrasa on 12.4.2009 at about 9.30 a.m. and violated her modesty. The complainant took initiative for holding a shalish, for which they became more furious and hatched up a conspiracy to give him a good lesson. Accordingly the respondents being equipped with dao, stick and hockey-sticks obstructed......d not commit any illegality in rejecting the naraji petition without examining the judicial witnesses produced by the complainant. 7. We have gone through the impugned order and other materials on records. It appears that the learned Judge of the Tribunal in rejecting the naraji petition referred...... we do not find an illegality in the impugned order. The appeal, having no merit, is dismissed. Send down the lower Court records. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ..Category: Women and Children | Date: 16 Oct, 2011 | Hits: 199
Abdul Gaffar and others Vs. The State, 2011, 40 CLC (HCD)
....appeal is dismissed. The order of stay granted earlier by this Court stands vacated. Office is directed to communicate the order at once. Abdur Rob J. - I agree. This Case is also Reported in:...... murdered his daughter for the cause of dowry. Then the accused gave out a story of committing suicide by hanging. The petition of complaint was referred to the local Police Station wherein it was recorded as Badda Police Station Case no. 30 dated 17-09-2003 corresponding to G.R. No.1791 of 2003 ......appeal is dismissed. The order of stay granted earlier by this Court stands vacated. Office is directed to communicate the order at once. Abdur Rob J. - I agree. This Case is also Reported in:..Category: Women and Children | Date: 16 Oct, 2011 | Hits: 148
Renuza Begum and others Vs. Md. Waziullah Mia and others, 2011, 40 CLC (AD)
....Performance of a Contract may been forced against "(b) any other person claiming under him by a title arising subsequently to the contract, except a transferee for value who has paid his money in good faith and without notice to the original contract". So a plaintiff may seek a decree for spec......from 3ate. The court of appeal below believed the plaintiffs claim for specific performance of the subsequent contract holding that the trial court on a proper appreciation of the materials on record rightly believed that there was novation of the contract and payment of balance consideratio......tract. There is no merit in these appeals. The appeals are, therefore, dismissed without, however, no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 201. ..Category: Contract Law | Date: 11 Oct, 2011 | Hits: 11
Aslam (Md.) Vs. Md. Salauddin and another, 2011, 40 CLC (HCD)
....the case as expeditiously as possible as the case is a very old one. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 235. ......C (AD) 24, Abul Hossain Vs. State, 55 DLR (AD) 125 and Chitta Ranjan Das Vs. Shashi Mohon Das, 56 DLR 276 = 9 MLR 133. 6. Heard the submissions of the learned DAG and considered the materials on record. It is the admitted position that the accused-petitioner filed the said Power of Attorney bef......the case as expeditiously as possible as the case is a very old one. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 235. ..Category: Criminal Law, Tenancy Law | Date: 20 Sep, 2011 | Hits: 6
Raj Kumar Khetan Vs. Mercantile Bank Ltd. and another, 2011, 40 CLC (HCD)
.... now pending in the Court of Sessions Judge, Naogaon should not be quashed. The Order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 272. ......ioner voluntarily surrendered before the Chief Judicial Magistrate, Naogaon with a prayer for bail on 6-7-2009 and on the same date he was enlarged on bail. 6. As per the provision of law the case record transferred to the Court of Sessions Judge, Naogaon, it has been registered and numbered as S...... now pending in the Court of Sessions Judge, Naogaon should not be quashed. The Order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 272. ..Category: Banking Law | Date: 24 Aug, 2011 | Hits: 237
Victor Simon Paat and other Vs. M.V. Accord and others, 2011, 40 CLC (HCD)
....ith a claim that the defendant holds nothing to the plaintiffs that no cause of action arose on the date as claimed by the plaintiff in the plaint as the plaintiffs along with others, looted away the goods of the vessel MV ACCORD, namely 7000 M.T. of cement clinker in total disregard of their duties......stipulation of wage payment. Further the voyage report, being Exhibit-3 in all the instant Admiralty Suits, shows that from January 1, 2000 the said vessel M.V. ACCORD proceeded to Bangladesh and the record of this court shows that the said vessel was arrested by this court on 10.8.2000 in Admiralty......hip Manager of the vessel M. V. ACCORD, appointed the plaintiffs of the instant suits in the employment of the vessel M. V. ACCORD under a written employment agreement dated 2.12.1999 for a period of service of one year from the date of employment, to be expired on 1.1.2000. The crew members upon su..Category: Admiralty Law or Maritime Law | Date: 23 Aug, 2011 | Hits: 87
KM Alam & Co. and another Vs. People's Republic of Bangladesh, and others, 2011, 40 CLC (HCD)
....countant Firms in strict compliance with the provisions of the Public Procurement Rules-2008 after cancelling the disputed one. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 221. ......Government. 8. Heard the submissions of the learned Advocates, perused the writ petition, affidavit-in-opposition and supplementary affidavit submitted by the respective parties and materials on record. Lucus-Standi: 9. Since Mr. Reza has raised the issue of locus standi of the petiti......he Constitution. Hence, petitioners' locus-standi is allowed. Merit of the case: 15. It appears that the purchase in question was relating to a purchase of intellectual and professional service covered by Chapter-6 of the said Rules (Rules:103-126). Therefore, pursuant to the said Chap..Category: Civil Law, Constitutional Law | Date: 17 Aug, 2011 | Hits: 20
Dhaka Electric Supply Authority Vs. Md. Hanif and another, 2010, 39 CLC (AD)
....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. ......1999. 10. We have gone through the impugned judgment of the High Court Division and considered the submissions of the learned Counsel appearing for both the parties as well as other materials on record. 11. The matter of revocation of the circular dated 11.08.1966 has been elaborately de......rom the Dhaka Polytechnic Institute on 25.08.1984, joined the Bangladesh Power Development Board (P.D.B.) as a Sub-Asst. Engineer. After the creation of the Dhaka Electric Supply Authority (DESA) his service was transferred to and absorbed by DESA. Section 24 of Ordinance No.6 of 1990 provides tha..Category: Employment/Service Law | Date: 14 Aug, 2011 | Hits: 163
Md. Rafique Ullah Vs. State, 2011, 40 CLC (HCD)
.... Damon Case No.23 of 2000 is hereby set aside. The appellant is released from his bail bond. Send down the lower Court records. Borhanuddin, J.- I agree. Ed. This Case is also Reported in: ...... the judgment and order of conviction and there is nothing to interfere with. 8. In order to appreciate the submissions of the learned Advocates, let us examine the evidence and other materials on records. P.W.1 Md. Salim, the informant stated that her daughter Fatema Begum was in School on 5.3.2......not adduce any evidence in defense. The defense case as it appears from the trend of cross-examination that the appellant was quite innocent and was falsely implicated in the case to dismiss him from service so that the informant’s sister-in-law could be transferred to the School against his vacan..Category: Women and Children | Date: 9 Aug, 2011 | Hits: 165
Bangladesh Vs. Nazirul Hoq, 2011, 40 CLC (AD)
..... No.1681 of 2010 is condoned. Let the C. P. No.1681 of 2010 be tagged with the appeal which arises out of C. P. No.2050 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 206. ....... No.1681 of 2010 is condoned. Let the C. P. No.1681 of 2010 be tagged with the appeal which arises out of C. P. No.2050 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 206. ....... No.1681 of 2010 is condoned. Let the C. P. No.1681 of 2010 be tagged with the appeal which arises out of C. P. No.2050 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 206. ..Category: Property Law | Date: 25 Jul, 2011 | Hits: 83
Abdul Aziz Vs. Most. Kutisona Bibi and others, 2011, 40 CLC (AD)
.... the light of observations made above. The impugned judgment is set aside. This civil petition for leave to appeal is thus disposed of. Ed. This Case is also Reported in: 9 ADC (2012) 190. ......visible land described in schedule "Ka" to the plaint. That during S.A. operation Abdul Gafur was ill and bed-ridden and taking that advantage Ismail Chowkider got excess land than his actual share recorded in his name and in the name of his son Abdus Sobhan. That the suit land has never been part...... the light of observations made above. The impugned judgment is set aside. This civil petition for leave to appeal is thus disposed of. Ed. This Case is also Reported in: 9 ADC (2012) 190. ..Category: Property Law | Date: 24 Jul, 2011 | Hits: 71
Tae Hung Packaging (BD) Limited and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....s challenged demand notices issued by the Assistant Collector of Customs under section 111 of the Customs Act, 1969. In the notices it were alleged that the writ petitioners improperly removed goods from their respective warehouses and asked them to pay duties. They unsuccessfully challeng......le 102(2) (a) (ii) empowers the High Court Division to issue an order declaring an act done or proceeding taken to be without lawful authority or where there is an error apparent on the face of the record or in cases where the person proceeded against has committed an error going to jurisdiction......e point of maintainability of a writ petition in presence of alternative remedy, in Mujibur Rahman Vs. Bangladesh, 44 DLR (AD) 111, it has been argued by Mustafa Kamal, J. that a person in the service of Republic who intends to invoke fundamental rights for challenging the vires of a law may..Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39
State Vs. Tariqul Islam alias Rinku and 20 others, 2011, 40 CLC (HCD)
....d from the house of accused Faruk in his absence material Exhibits XXIII XXXI and signatures on seizure list exhibit(১(জ), ১জ/৩). The accused Faruk was her tenant and a student having good character. 35. P.W.27, Advocate Sowkat Ali, deposed that he is an Advocate in Jhenaidah. P......W.5) who also stated that a boy having raised teeth kept a bag at the scene. Then the prosecution was launched by lodging a first information report by SI Lutfor Rahman (P.W.1) as informant which was recorded as Jhenaidah Sadar Police Station case No.17 dated 17-8-2005 corresponding to GR No.217 of ......gainst absconding accused Mohon and Tuhin. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 53. ..Category: Criminal Law | Date: 17 Jul, 2011 | Hits: 6
Ayat Steel Limited Vs. Mohammad Ali and others, 2011, 40 CLC (AD)
.... 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. ...... M. Qumrul Haque Siddique, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Petitioner. 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 Petitio...... 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)
....MC-112/05/99(CO-INS) dated 12.05.1999 from the City General Insurance Company Limited, Dhaka. The Shipper-seller ANDRE (CAYMAN ISLAND) TRADING CO. LTD., shipped the said cargo in full quantity and in good order and condition through the defendant No.1 vessel M.T. SCEPTRE flying Panama Flag. The Mast...... 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: ......ated the applicability of the aforesaid Act which is a special substantive law of Limitation as it provided for extinguishment of the liability of the Carrier for short delivery due to failure of non-service of notice within three days. Therefore, this court notes that the alleged negotiation for co..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. ......nder sections 406/409/420 of the Penal Code. 3. Accordingly Kotwali Police Station Case No.81 dated 18-11-2003 under sections 406/409/ 420 of the Penal Code against cashier Farid Uddin alone was recorded. After investigation of the case it was found that Farid Uddin in collusion with Iqbal uddi...... 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. ..Category: Anti-Corruption Laws | Date: 14 Jul, 2011 | Hits: 43
Sonali Bank Limited Vs. Abdul Malek and another, 2011, 40 CLC (HCD)
....w that this Civil Petition for Leave to Appeal has no merit and is, accordingly dismissed, without, however, any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 649. ......w that this Civil Petition for Leave to Appeal has no merit and is, accordingly dismissed, without, however, any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 649. ......w that this Civil Petition for Leave to Appeal has no merit and is, accordingly dismissed, without, however, any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 649. ..Category: Banking Law | Date: 22 Jun, 2011 | Hits: 162
Sonali Bank Limited Vs. Abdul Malek and another, 2011, 40 CLC (HCD)
....w that this Civil Petition for Leave to Appeal has no merit and is, accordingly dismissed, without, however, any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 649. ......w that this Civil Petition for Leave to Appeal has no merit and is, accordingly dismissed, without, however, any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 649. ......w that this Civil Petition for Leave to Appeal has no merit and is, accordingly dismissed, without, however, any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 649. ..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. ......ntire proceeding of the Money Decree Execution Case is liable to be declared to be without lawful authority. 5. Mr. ASM Abdul Razzaque, the learned Advocate for the Bank submits that from the record of Money Decree Execution Case No.08 of 1995 it is evident that the execution case has been ......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)
....g out the shops to the tenants. Moniruddin is the elder brother-in-law (husband's elder brother) of the pre-emptor and Amajad, son of Moniruddin along with his partner Khokan used to deal in electric goods and power loom parts in a shop in the case land by taking the same on rental basis. The pre-em......disturbing the findings of fact arrived at by the Court of appeal below holding that the case is barred by limitation and bad for defect of parties, which are based on appreciation of the evidence on record. 8. Mr. Mahbubey Alam, learned counsel appearing for the pre-emptees appellants has taken ......'s more, the claim of pre-emption is a predatory right and that is why, the legislature has imposed conditions for claiming pre-emption, such as, the petition should be made within four months of the service of notice under section 89 or if no notice has been served, within four months of the date o..Category: Property Law | Date: 15 Jun, 2011 | Hits: 169
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