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Sukur Mahmood and others Vs. State, 2014, 43 CLC (AD)
....d other documentary evidence do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 167. ......te................................................Respondent Judgment February 13, 2014 Result: The petition for leave to appeal is dismissed. The accused-petitioners having no morality could dare to sell the ......; February 13, 2014 Result: The petition for leave to appeal is dismissed. The accused-petitioners having no morality could dare to sell the victim to a brothel The High Court Division found that P.W.1, the informant and P.W.2,..Category: Women and Children | Date: 13 Feb, 2014 | Hits: 21
Loreeto Vs. Nasreen Sobhan and another, 2014, 43 CLC (AD)
....served that after the dismissal of Rent Case No. 15 of 1998, the appellant did not pay rent; that he is therefore, not entitled to get any protection from being evicted as a tenant and that the lease agreement having expired after March, 2001, the appellant was no longer a tenant under the responden......t Appellate Division (Civil) Present: Appellate Division (Civil) Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Md. Imman Ali J Loreeto……………........................Appellant Vs. Nasreen So......he decree are hereby expunged. The appeal is disposed of with the above expunction without, however, any order as to costs. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 111. ..Category: Civil Law | Date: 3 Feb, 2014 | Hits: 14
Selim Hossain (Md.) Vs. Shahabuddin Ahmed and others, 2014, 43 CLC (AD)
....tion Case No.59 of 1994 before the Artha Rin Adalat for execution of the decree by selling the mortgaged property in auction. In the execution case, the writ-petitioner appeared and entered into agreement with the decree-holder-corporation and the execution case was disposed of in terms of.............Respondents Judgment February 3, 2014. Result: The Petition is disposed of. Mere failure to raise objection as to the jurisdiction of a Court to hear and try a suit or a case or in other wo......it No.152 of 1991. Eventually, the mortgaged suit was decreed. The Corporation as decree-holder levied Mortgage Execution Case No.59 of 1994 before the Artha Rin Adalat for execution of the decree by selling the mortgaged property in auction. In the execution case, the writ-petitioner appeared ..Category: Civil Law | Date: 3 Feb, 2014 | Hits: 6
Lakshmi Bala Sen and others Vs. Tarun Tapan Dutta @ Tapan Kumar Dutta and others, 2014, 43 CLC (AD)
....not be attacked on the ground of ultra vires. The Appellate Division further held as under: "(2) any transfer of a holding or part thereof by a raiyat either way of out and out sale with an agreement to reconvey or where to transfer or receives from the transferee any consideration and tra......ts Judgment January 30, 2014. Result: The appeal is dismissed. When a property sold with a condition of repurchase in the same deed in that event a question may arise as to whether the transaction is a mortgage or an out and out sale has to be determined on seven tests ......he matter, we do not find any substance in this appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 162. ..Category: Tenancy Law | Date: 30 Jan, 2014 | Hits: 15
Md. Shafayet Hossain Rana Vs. State and Md. Syed Rejaul Karim Salim, 2014, 43 CLC (HCD)
.... the cheques in favour of the petitioner. He made the previous transaction with the complainant in personal capacity, even he instituted the title suit in his name as an individual and also signed an agreement with the petitioner in personal capacity. There is no scope to take the plea at this stage...... Station-Paltan,District-Dhaka…………..Petitioner (In both the revisions) Vs. The State and Md. Syed Rejaul Karim Salim,son of late Abdur Rauf and the Managing Director, Gomati Housing Ltd. HouseNo.38 (1st Floor) Road No.5, Block-G, Police Station-Banani,District- ......dispose of the same expeditiously. Send down the lower Courts’ records and communicate the judgment. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: ..Category: Civil Law | Date: 21 Jan, 2014 | Hits: 111
BRAC Bank Ltd Vs. Multimode Ltd, 2013, 42 CLC (HCD)
....pate in money transfer business with Western Union but a scheduled bank does not have sufficient manpower and logistic and technical software support required for execution and performance for agency agreement with Western Union which is involved in money transferring business from about 160 countri......hellip;………………………...........Respondent Judgment December 12, 2013 Result: The appeal is dismissed. Case Referred to- Kanchan Mala Bepari Vs. Ananta Kumar Bepari, 6 DLR 254 Government of Bangladesh Vs. Md. Taj......e result, this appeal is dismissed. No costs. Connected Civil Rule No. 395(f) of 2012 is accordingly discharged. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 48 ..Category: Contract Law | Date: 12 Dec, 2013 | Hits: 0
.... Khan further submits that under the provision of section 213 of the Act 2006 any collective bargaining agent or worker can come for enforcement of any right granted by any law, award and/or any agreement and, as such, the first party respondent, presuming not conceding him as an office bearer ......Respondents
Judgment
November 18, 2013.
Result:
The Rule is made absolute.
Bangladesh Labour Law Act (XLII of 2006) Sections 202(21) & Sections 317(4)
Power Invested to Labour Court—
There is a Distinction between the Election of a Collective Bargaining A......y;ever, without any order as to costs. BLA Case No. 1534 of 2011 pending before the First Labour Court, Dhaka is hereby quashed.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 313
..
Category: Labour and Industrial Law | Date: 18 Nov, 2013 | Hits: 5
Abdul Momen Bhuiyan and others Vs. District Judge, Dhaka and others, 2013, 42 CLC (AD)
....he auction sale shall be deemed to have become absolute. The impugned judgment delivered by the High Court Division is set-aside. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 98. ......District Judge, Dhaka and others ................Respondents Judgment November 17, 2013. Result: The petition is disposed of with the observation. Cases Referred to- MA Hye Vs. Trading Corporation of Bangladesh, 40 DLR (AD) 206; Ganyson Ltd. Vs. Sonali Bank...... Court Division further held that PO 7 of 1973 does not prohibit a civil revision in a situation like the present one; rather Article 27(9) speaks of the application of the Code of Civil Procedure to sell matters. 13. The High Court Division observed that in revisional jurisdiction, it could lo..Category: Civil Law | Date: 17 Nov, 2013 | Hits: 17
SM Redwan Vs. Md. Rezaul Islam and others, 2013, 42 CLC (AD)
....ank unpaid, either because of the amount of money standing to the credit of that account is insufficient to honour the cheque or that it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall, w......lip;…...............Appellant (In Criminal Appeal No.30 of 2004) Vs. Md. Rezaul Islam and others........…Respondent (In both the cases) Judgment October 9, 2013. Result: Both the appeals are allowed. Payment stopped by the draw......evant for the disposal of the appeal are that the respondent No.1 (hereinafter referred to as the respondent) received Taka. 10,00,000 as earnest money out of total consideration of Taka 29,25,000 to sell the land measuring 2.14 ½, 2.145 acres and executed a "bainanama". He issued a..Category: Criminal Law, Others | Date: 9 Oct, 2013 | Hits: 12
....costs. The order of stay granted earlier is vacated.
Communicate a copy of the judgment to the bank concerned at once.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 50.
......n
(Special Original Jurisdiction)
Present:
Syed Refaat Ahmed J
Mahmudul Hoque J
Proshanta Kumar Sarkar....................Petitioner
Vs.
Managing Director, Agrani Bank Ltd Head Office and others..........Respondents
Judgment
Oct......ar held by the respondent bank was not fair and has been done behind the back of the petitioner keeping him in the dark with a hope that no auction will be held. In ordinary prudence, in the event of selling any property of a borrower a bank ought to have inform such borrower about the quotation rec..
Category: Others, Procedural Law | Date: 8 Oct, 2013 | Hits: 8
Moulana Abdul Hakim (Md.) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
....roval. It so transpired that the petitioner, having been acquitted from a criminal case lodged against him, decided, however, not to prosecute the Rule issued in the earlier writ petition as per agreement with the respondents leading to his reinstatement vide the Madrasah's Memo dated 30-7-...... Syed Refaat Ahmed J Md. Ashraful Kamal J Moulana Abdul Hakim (Md.)...............Petitioner Vs. Government of Bangladesh and others..............Respondent Judgment October 3, 2013 Result: The Rule is disposed of. Constitution of Bangladesh, 1972; Arti......ed of with the directions above. 43. There is no order as to costs. Communicate this judgment and order forthwith. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 83 ..Category: Administrative Law, Constitutional Law | Date: 3 Oct, 2013 | Hits: 2
ATM Nazimullah Chow¬dhury Vs. State & another, 2013, 42 CLC (HCD)
....to the UAE in Abu Dhabi in 2006, the accused raised a series of allegations with regard to the hiring of the pre-existing residence of the Ambassador in Abu Dhabi on renewal of the bharatia agreement without his consent and for that reason, he misbehaved with the then Counsellor (Political......……………………………..Respondents Judgment August 1, 2013. Result: The appeal is dismissed. Cases Referred to- Abdul Bari Mollah Vs. State, 3 BLC 474; Abul Khair Vs. State, 58 DLR 500; Abul Kalam Azad V......th regard to the hiring of the pre-existing residence of the Ambassador in Abu Dhabi on renewal of the bharatia agreement without his consent and for that reason, he misbehaved with the then Counsellor (Political) and Head of Chancery Mr. Mostafa Kama! and subsequently the accused hired a resid..Category: Criminal Law, Procedural Law | Date: 1 Aug, 2013 | Hits: 5
....
Quazi Reza-Ul-Hoque J.-
I have had the advantage of reading in draft the judgment proposed to be delivered by my learned brother Mr. M. Moazzam Husain, J. I regret, I could not find myself in agreement with him and with great respect to his lordships view, I would like to pass my own opinion......maat-e-Islami and others……………………Respondents
Judgment
August 1, 2013.
Result:
The Rule is made absolute.
Cases Referred to-
Kusper Vs. Pontikes, 414 US, at 57, 38L Ed 2nd at 266; Whitney Vs. California, 274 US 357, ......hereby declared to have been given without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2014) 14.
..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10
....ry Mahmud Hasan & others, 54 DLR (AD) 130, in which standing was granted to two professors of Dhaka University and the President, Bangladesh Federal Union of Journalist to challenge the licensing agreement between the Ministry of Information and one SM Mahmud and thereafter approval to transfer ......maat-e-Islami and others……………………Respondents
Judgment
August 1, 2013.
Result:
The Rule is made absolute.
Cases Referred to-
Kusper Vs. Pontikes, 414 US, at 57, 38L Ed 2nd at 266; Whitney Vs. California, 274 US 357, ......নোয়ার কবির; ইসলামিক ফাউন্ডেশন কর্তৃক প্রকাশিত, পৃষ্ঠাঃ ৬৮)
(..to be continued at CLC ID ( 9365 )
..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11
Robi Axiata Ltd Vs. First Labour Court Dhaka and others, 2013, 42 CLC (HCD)
.... extensive enquiry of the evolution of that legal regime culminating in an extensive codification exercise with the Act emerging as the final product. 7. Both Mr. Mahmud and Mr. Azim are in agreement that the legislative moorings of the Act lay firmly embedded in the Employment of La......Court Dhaka and others...................Respondents Judgment July 28, 2013. Result: All the Petitions the Rules Nisi are discharged. Cases Referred to- General Manager, Hotel Inter Continental Dacca 2nd Labour Court, 28 DLR 160; Railway Men......Orders of Stay as initially granted are necessarily recalled and vacated. There are no Orders as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 551 ..Category: Labour and Industrial Law | Date: 28 Jul, 2013 | Hits: 7
....tion was made to grant lease in it’s favour.
6. After hearing all the necessary parties the High Court Division by the impugned judgment and order made the Rule absolute holding that the lease agreement executed in favour of the writ respondent No.6 stands rescinded ab-initio and at the same ......on-Record- For the Petitioner.
Dr. Md. Ali, Advocate, instructed by Ziaur Rahman, Advocate-on-Record- For Respondent No.1.
Not represented- For Respondent Nos.2-6.
Civil Petition for Leave to Appeal No.355 of 2012
(From the judgment and order dated 20th January, 2011 passed by the Hi......t be member of a society of genuine fisherman. He further points out that the purpose of the Nitimala was to alleviate the poverty of real fishermen, i.e., those whose livelihood is from catching and selling fish. He points out from Annexure-12 that the petitioner herein has been described as a fish..
Category: Civil Law | Date: 28 Jul, 2013 | Hits: 169
Younusuzzaman (Badal) Vs. State and another, 2013, 42 CLC (HCD)
....Akhil Chardra Basak as complainant filed a petition of complaint in the Court of learned Chief Judicial Magistrate, Narayangonj on 20.10.2008 stating, inter alia, that the complainant entered into an agreement on 24.05.2004 with M/S Zaman Dyeing & Fabrics Ltd., represented by its Managing Direct......rties Judgment July 25, 2013. Result: The Rule is discharged. A company being a juristic person, all its deeds and functions are the result of the acts of Managing Director. Therefore, a Managing Director of the company is responsible for the acts done in the name of t......ing, inter alia, that the complainant entered into an agreement on 24.05.2004 with M/S Zaman Dyeing & Fabrics Ltd., represented by its Managing Director, the accused petitioner, for marketing and selling 10/1, 16/1 & 20/1 count cotton yarn produced by the said company. According to the terms..Category: Criminal Law | Date: 25 Jul, 2013 | Hits: 140
Chow Wen Chang and others Vs. SF Winsome Fashion Ltd. and others, 2013, 42 CLC (HCD)
....The respondent No.3 is directed to pay cost of Taka 50,000 to petition No.1 and Taka 50,000 to petitioner No. 2 within 30 days. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 584. ......0,000 to petition No.1 and Taka 50,000 to petitioner No. 2 within 30 days. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 584. ...... book were in the possession of the respondent No.3. At the end of 2010, when the petitioners enquired regarding the holding of AGM, suddenly the petitioners became aware that the respondent No.3 was selling the scheduled properties of respondent No.1 company most illegally and in personal capa..Category: Company Law | Date: 24 Jul, 2013 | Hits: 10
Ayurvedia Pharmacy (Dhaka) Ltd. Vs. Meher Banu Bibi and others, 2013, 42 CLC (AD)
....oner is as follows: Ayurvedia Pharmacy (Dhaka) Ltd., represented by its Managing Director, A.P.M. Fakrul Islam Munshi of 8/1 and 8/2, Armenian Street under P.S. Kotwali, Dhaka entered into an agreement on 02.01.2000 to purchase the land described in the schedule, at a consideration of Tk.2,...... instructed by Mohd. Nawab Ali Advocate-on-record- For the Petitioner. Fida M. Kamal, Advocate Instructed by Shamsul Alam, Advocate-on-record-For the despondent. Civil Petition for Leave to Appeal No.1430 of 2009. Judgment Mohammad Anwarul Hague J.- This petition for leave t......in which deserves our interference. In that view of the matter the petition for leave to appeal is hereby dismissed Ed. This Case is also Reported in: 21 BLT (AD) (2013) 229. ..Category: Civil Law | Date: 7 Jul, 2013 | Hits: 13
Nazrul Islam (Md.) & others Vs. Mahfuzur Rahman and others, 2013, 42 CLC (HCD)
....and and Ator Ali with the permission of Amzadur Rahman erected house on the land of plot No. 364. Amzadur Rahman sold .37 acres of land on 26-10-1988 to defendant No.1. The defendants entered into an agreement on 15-3-1997 with Amzadur Rahman to purchase 1.77 acres of land from him. Amzadur Rahman a...... May 21, 2013. Result: The Rule Is Made Absolute. Eviction of Defendants- In a suit for eviction of the defendants from a particular land it is always important for the plaintiffs to disclose as to from when the defendants were inducted into possession in to the suit land Am......order along with the lower Court s record be sent down to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 126. ..Category: Property Law | Date: 21 May, 2013 | Hits: 6
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