Search Options
Judgment Advanced Search
Displaying 621-640 of 2021 results.
Bangladesh Environmental Lawyers Association (BELA) Vs. Bangladesh, 2009, 38 CLC (HCD)
....davit in opposition of respondent No.8 that the vessel was also previously known as New Atlantia. It always bore the same IMO No.7709136. This is also reflected in the sale document of the vessel, an agreement dated 23.07.2008 between M/S Yalumba Inc and Madina Enterprise, wherein also the vessel is......s Association (BELA)...................Petitioner Vs. Bangladesh...................Respondents Judgment March 5, 17, 2009. Result: The rule is disposed of in part. Cases Referred to- Dr. Mohiuddin Farooque Vs. Bangladesh, 55 DLR 69. Lawyers Involved: Fida M. Kamal with......ted for the purpose of scrapping. The importer annexed certificate of registration for the vessel which shows that it was previously known as Ocean Enterprise and there is also a certificate from the seller M/S Yalumba Inc, respondent No.19, who stated that "the vessel is not amongst the list of 50 ..Category: Environmental Law | Date: | Hits: 688
Dolon (Md.) Vs. State, 2012, 41 CLC (HCD)
....me Affairs, Inspector-General of Police and Director General of Rapid Action Battalion. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 501. ......Respondent Judgment January 16, 2012. Result: The appeal is allowed. A person can be convicted relying on the evidence of the member of law enforcing agency if their evidence found to be convicting with other facts and circumstances of the case…………………(41) Cases R...... and Narayanganj area, at that time the informant part came to know that a man was waiting in the garage 1 of Shah Alam of Khahipur Bangla Bazar under Police Station Fatullah District Narayanganj for selling unauthorized Arms and thereafter the informant along with his accompanied forces rushed to t..Category: Criminal Law | Date: | Hits: 99
STX Corporation Ltd. Vs. Meghna Group of Industries Limited and others, 2011, 41 CLC (HCD)
....schedule A, B and C of the application under Section 7Ka of the Act of 2001. 3. The short facts leading to the initiation of this application are as follows. The petitioner company entered into an agreement with the respondent No.1 for supply of hot rolled steel. However, the parties failed to pr......m a combined reading of section 2(ga), 2(ta) and section 3 of the Arbitration Act, 2001, it is apparent that the intention of the legislature is that the scope of the Act is limited within the territory of Bangladesh, except that there is a scope to enforce an award passed in a foreign arbitration......n invoking Section 7ka of the Arbitration Act of 2001 (hereinafter referred to as Act of 2001) praying for interim relief by way of injunction restraining the respondents No.3-4 from transferring/selling or disposing of their properties mentioned in the schedule of the application pending disp..Category: Alternative Dispute Resolution | Date: | Hits: 506
National Bank Ltd. Vs. Provashi International Ltd. and others, 2010, 39 CLC (HCD)
.... Dilmus Trading Agency and transported the consignment to Dhaka by M/S Joni Transport & Trading and stored the same in the plaintiff's godown as pledge. 4. That the defendants executed deed of agreement and other documents in favour of the plaintiff; plaintiff made several reminder to the def......……………………Defendant-respondents Judgment December 12, 2010. Result: The appeal is dismissed. Jurisdiction of the Artha Rin Adalat The Artha Rin Adalat Ordinance came into effect on 31-7-1989 establishing special Courts for adjudication of the recovery of loans claimed......e debt or promise in respect of which the goods were pledged, the pawnee may bring a suit against the pawnor upon the debt or promise, and retain the goods pledged as a collateral security; or he may sell the thing pledged, on giving the pawnor reasonable notice of the sale.” 16. If the proceed..Category: Civil Law | Date: | Hits: 106
Md. Shahidul Islam Vs. Most. Anwara Begum, 2007, 36 CLC (HCD)
....to Islamic 'Shariat' and the "Imam" of the local Mosque solemnized the marriage. Thereafter, on 25-06-2003 the defendant declared the marriage by swearing an Affidavit. Subsequently, on 30-1-2004, in agreement of the guardians of both the parties a 'Kabinnama' of their marriage was registered fixing...... woman and as such signatures of the parties in the 'Kabinnama' are essential for proving marriage. No amount of oral evidence can cure the deficiency and no amount of oral evidence is sufficient to prove marriage when the plaintiff fails to prove the 'Kabinnama' according to law, the alleged ma......aside and the Family Suit No.75 of 2004 is dismissed. 19. Send down the L.C. Records at once. Md. Abdul Wahhab Miah J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 114. ..Category: Family Law | Date: | Hits: 140
Md. Mosarraf Hossain Mondol Vs. Md. Elias Hossain Mollick and others, 2007, 36 CLC (HCD)
....ence on record I do not find the actual marked price of the suit land prevailing at the relevant time. Moreover I hold that for such cause of sale cannot be declared as void. With this regard I am in agreement wit the principle enunciate in the case reported in 6 DLR 559 as referred by the learned C......n Mollick being dead his heirs: 1(a) Md. Bazlur Rahman and others............................Opposite parties. Judgment January 29, 2007. Result: The Rule is discharged. Cases Referred to- Md. Naimuddin Sarder @ Naimuddin Vs. Md. Abdul Kalam Biswas @ Md. Abul Kalam Basiruddin @ Abu......anted earlier by this Court stands vacated. 29. Send down the lower Court's record at once with a copy of Judgment for information. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 107. ..Category: Procedural Law | Date: | Hits: 114
Md. Joinaul Abedin Mintu Vs. Joint District Judge, 3rd Court Tangail and others, 2010, 39 CLC (HCD)
....to have been made without lawful authority and in an unlawful manner and is of no legal effect. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 277. ......010. Result: The Rule is made absolute. The Artha Rin Adalat Ain, 2003 (Act No. VIII of 2003); section 33 After the institution of the Execution Case in time, the Adalat will take steps to sell the mortgage property in auction first under the provision of Section 33(1)(2)(3) of the Art....... Result: The Rule is made absolute. The Artha Rin Adalat Ain, 2003 (Act No. VIII of 2003); section 33 After the institution of the Execution Case in time, the Adalat will take steps to sell the mortgage property in auction first under the provision of Section 33(1)(2)(3) of the Artha ..Category: Civil Law | Date: | Hits: 174
....
The State property may be in the form of legal right and in the nature of privilege. The government largesse known as privileges is now regarded as rights and the government cannot enter into any agreement in respect of its largesse arbitrarily or at its absolute discretion and it is also in the......Petitioners
Vs.
Government of the People's Republic of Bangladesh and others...........Respondents
Judgment
November 26, 2002.
Result:
The Rule is made absolute without any order as to costs.
It is to be presumed that all actions taken by the government officials are in accorda......a copy of this judgment and order be sent to the Hon'ble Prime Minister for perusal and necessary action as per our observations made above.
Ed.
This Case is also Reported in:55 DLR (2003) 171.
..
Category: Others | Date: | Hits: 113
Mrs. Rokeya Begum Vs. Chartered Credit Cooperative Ltd., 2009, 38 CLC (HCD)
....unpaid, either because of the amount of money standing to the credit of that account is insufficient to dis-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...... 29. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 274. ......itan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. 29. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 274. ..Category: Criminal Law | Date: | Hits: 70
Waseq Ullah & Others Vs. Rezia Khatun and Others, 2010, 39 CLC (HCD)
....and were possessed by the previous tenants and after their death, their heirs while in possession and during riot of 1948 it was not possible for them to reside at Pakistan, they entered into an oral agreement with the plaintiff for selling ‘ga’ schedule land at a consideration of Taka 2,000 and...... The First Appeal No.182 and 183 of 1999 are dismissed. The First Appeal No.99 of 1999 is allowed. On adverse possession Adverse possession must be actual, visible, exclusive, hostile, notorious and confined during the time necessary to create a bar under a statute of limitations and it......s tenants and after their death, their heirs while in possession and during riot of 1948 it was not possible for them to reside at Pakistan, they entered into an oral agreement with the plaintiff for selling ‘ga’ schedule land at a consideration of Taka 2,000 and after receiving most of the sett..Category: Property Law | Date: | Hits: 83
....gladesh invited tenders from internationally reputed Pre-shipment Inspection Companies for the purpose of mandatory Pre-shipment Inspection at the initial stage. Pursuant to the said tenders separate agreements were entered into between the Government of the People's Republic of Bangladesh represent......Vs.
National Board of Revenue, Dhaka & others..............................................Respondents
Judgment
May 25, 2003.
Result:
The Rules are made absolute.
Cases Referred to-
Oriental Bank Corporation Vs. Henry B Wright, Appeal Cases Vol. V Privy Council 842; Megh Raj......pay VAT, and the amount already deducted from their bills is liable to refund. We direct the parties to bear their respective costs.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 691.
..
Category: Fiscal/Taxation Law | Date: | Hits: 119
Md. Abdul Latif and others Vs. Mohammad Ali and others, 2008, 37 CLC (HCD)
....ase of affirming the findings of the trial Court, the narration of the entire evidence and reiteration of the reasons given by the trial Court are not essential. In such a case expressions of general agreement with those of the trial Court are generally considered sufficient. It is not the duty of t........Opposite parties Judgment January 28, 2008. Result: The rule is discharged. Partition Suit In a Partition Suit disputed questions of title may be involved and such questions are to be decided by the Court trying the suit. A mere denial by a defendant as to the title of the plai......the Courts below stand maintained. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 132. ..Category: Procedural Law | Date: | Hits: 115
Zafar Ahmed Vs. Mir Iftekharuddin & another, 2009, 38 CLC (HCD)
....4. Mr. SB Bhandary, the learned Advocate appearing on behalf of the accused-petitioner, submits that the basis of payment by issuing the two cheques involved in the criminal proceeding is the deed of agreement for sale of Garment Factory, which is yet to be complied with, So, money of the cheques is......t, 1881 (Act No. XXVI of 1881); section 138 The criminal case should be disposed of with the least possible delay. Even mere pendency of earlier Civil Suit, connected with the matter, is no ground to stay the criminal proceedings initiated subsequently. The Court is to take into consideration all......al Judge is directed to proceed with the case expeditiously. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 732. ..Category: Procedural Law | Date: | Hits: 128
Bangladesh Water Development Board Vs. MR. Sikder, 2003, 32 CLC (HCD)
....ation for the work at Taka 13,87,16,700.00 which was duly accepted by the Chief Engineer, South Eastern Zone, BWDB, Saktala, Comilla by its letter No.4186 CB/SES dated 16‑9‑90, following which an agreement was duly signed on 30‑10‑90 between the plaintiff and the Executive Engineer, O&M ......sh Water Development Board................Appellant Vs. MR. Sikder.........................Respondent Judgment March 16, 17, 2003. Result: The Appeals are allowed. Cases Referred to- British Airways PLC Vs. Bangladesh Air Services Pvt. Ltd., 47 DLR 544; National Small Industr......eous case No.207 of 1994 of the 3rd Court of Subordinate Judge, Dhaka stands allowed. Send down the lower Courts records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 682. ..Category: Alternative Dispute Resolution | Date: | Hits: 543
Sadiul Alam Vs. State, 2012, 41 CLC (HCD)
....ed it or converted it to her or his own use; c) That the accused held the property in fiduciary capacity…………………………………(27) The transaction of loan money under a loan agreement do not operate as an entrustment under section 405 of the Penal Code. Accordingly, when th......itial stage may be justified where the facts are so preposterous that even on admitted facts no case stands against the accused. (2) Where the institution and continuation of the proceeding amount to an abuse of the process of the Court. (3) Where there is a legal bar against the initiation or......axi Cabs by forging the relevant papers and documents, though the imported papers and documents remained with the bank. In this way, the accused-petitioner and others misappropriated Taka 4,42,500 by selling 6 Taxi Cabs resorting to forgery. 3. During investigation, the Investigating Officer went..Category: Criminal Law | Date: | Hits: 92
Touhid & Others Vs. State, 2006, 35 CLC (HCD)
....s, whether innocent or guilty? It is for this reason that a close scrutiny of the dying declarations like the statements of interested witnesses, becomes absolutely necessary. We are in respectful agreement and obedience of the laws and principles enunciated in the above stated Judicial authoriti......peachable evidence, question of indicting or punishing an accused does not arise, Justice delivery system cannot be carried away by heinous nature of crime or by gruesome manner in which it was found to have been committed. In appreciating the evidence of a prosecution witness the approach must be w......e to surrender learned Sessions Judge will take all steps to put him behind prison bar. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 364. ..Category: Criminal Law | Date: | Hits: 98
Elite Lamps Ltd. Vs. Secretary, Ministry of Industries and others, 2007, 36 CLC (HCD)
....বেন। 5. The aforesaid Board decision was communicated to the writ petitioner by the Bank letter dated 20-7-1993 but petitioner neither came forward to accept the proposal nor executed any agreement with the Bank rather, the petitioner instituted a suit for damages against the Bank in Tit......………Petitioner Vs. Secretary, Ministry of Industries and others………………..Respondents Judgment November 19, 2007. Result: The Rule is discharged without any order as to costs. Whether the court can direct implementation of the recommendation made by the Sick Ind......Rin Case No. 30 of 1991 expeditiously preferably within 4 (four) months from date. Communicate the Judgment to the Adalat at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 641. ..Category: Constitutional Law | Date: | Hits: 334
....ector. But the venture was loosing and the new management expressed their desire to sell their share to prospective preachers. The writ petitioner has asserted in the writ petition that he came to an agreement, Annexure-A, on 24.04.1998 with the said private share holders of Taj Jute Backing Co. Ltd......di Alterem Partem' is applicable in the administrative as well as in the judicial or quasi-judicial proceedings …………………………(26)
Unless a person holds a right he can not claim to be heard before the same is infringed by any action either judicial or administrative…………......is Court may seem fit and proper.
2. Taj Jute, Backing Company was a nationalized enterprise controlled under the Ministry of Jute, Government of Bangladesh which was later partially privatized by selling 58.52% shares, held by the Government to eight purchaser of the shares namely S. Headayetull..
Category: Administrative Law | Date: | Hits: 299
Rezia Khatun Chowdhurani and others Vs. Shamir Kumar Chowdhury and others, 2008, 37 CLC (HCD)
....ecific Relief Act which reads as follows: "Savings: Except where it is herein otherwise expressly enacted, nothing in this Act shall be deemed. (a) to give any right to relief in respect of any agreement which is not a contract; (b) to deprive any person of any right to relief, other than s......…. Petitioners Vs. Shamir Kumar Chowdhury and others………………. Opposite Parties Judgment December 17, 2008. Result: These Rules are discharged without any order as to costs. Specific performance of contract Where a party seeks to enforce specific performance......ration of title and recovery of possession of the suit property against the plaintiff which on transfer was renumbered as Title Suit No. 93 of 1982. Her case is that Samir Kumar Chowdhury proposed to sell the suit property and upon negotiation, she agreed to purchase the same at a consideration of T..Category: Civil Law | Date: | Hits: 138
Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....-2008. On query, the petitioner came to know that notices under sections 3, 4, 5 and 6 of the Ordinance were not issued/served upon the petitioner in LA Case No. 1 of 2007-2008. Without executing any agreement according to section 13(1) of the Ordinance, the LA ease was started. Notices under sectio......s ………………….Respondents Judgment June 12, 2008. Result: The Writ Petition No. 1448 of 2008 is disposed of and Writ Petition No. 3071 of 2008 is discharged without any order as to costs. The Acquisition and Requisition of Immovable Property Ordinance, 1982 (Ordinance No. I......ted. No order as to costs. The Rule issued in Writ Petition No. 3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 119. ..Category: Property Law | Date: | Hits: 79
81738170816581618159815781538145813581288125812181208109810581028101808680768075