Search Options
Judgment Advanced Search
Displaying 641-660 of 2021 results.
Zareen Biscuit Company Vs. Sayed M. Salimullah and others, 2010, 39 CLC (HCD)
....e of dismissal passed by the Subordinate Judge, 3rd Court, Tangail, is hereby affirmed. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 267. ...... Sheikh Abdul Awal J M Moazzam Husain J Zareen Biscuit Company.........................Appellant Vs. Sayed M. Salimullah and others.........................Respondents Judgment October 11, 2010. Result: The appeal is dismissed. Muslim Personal Law Words and Ph......2. Section 207 of Mulla's Principles of Mahomedan Law (19th Ed. Pagel79) by M. Hidayatullah & A. Hidayatullah says: "A Mutawalli has no power, without the permission of the Court, to mortgage, sell or exchange wakf property or any part thereof, unless he is expressly empowered by the deed of ..Category: Trust/Waqf Law | Date: | Hits: 114
Sharifuddin and others Vs. Commissioner of Customs and others, 2009, 38 CLC (AD)
.... amount of duty that may have become payable in consequence of the withdrawal of the whole or any part of the exemption or concession from duty whether before or after the conclusion of a contract or agreement for the sale of such goods or opening of a letter of credit in respect thereof. (2)......................................Petitioner (In Civil Appeal No.990 of 2001) Md. Razual Karim....................................Petitioner (In Civil Appeal No.996 of 2001) Vs. Commissioner of Customs and others.........................Respondent (In all the cases) Judgment May 12, 2009. ....... The appeals are therefore allowed without any order as to cost. The civil petitions are disposed of by the judgment in Civil Appeals. Ed. This Case is also Reported in: 9 ADC (2012) 721. ..Category: Fiscal/Taxation Law | Date: | Hits: 128
LMJ International Ltd. India Vs. MV BK Ace and others, 2010, 39 CLC (HCD)
....e instant suit is not maintainable and, as such, the order of arrest is not sustainable on the ground that the plaintiff is neither a party to the shipping documents of the cargo nor does it have any agreement whatsoever with the defendant No.1, hence on cause of action has arisen in favour of the p......nform this Court about the compliance of the order, by way of affidavit of compliance. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 256. ......n application for facilitating the parties to inform this Court about the compliance of the order, by way of affidavit of compliance. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 256. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 490
Abu Taher Chowdhury and others Vs. Showkat Ali and others, 2012, 41 CLC (HCD)
....tion and Tenancy Act, 1950 (Act No. XXVIII of 1951); s. 75A Since the provision of subletting has already been prohibited by the amendment of law, none can sublet any property and if any agreement is continuing at the time of this amendment of law, that shall be cancelled and the suit...... by the amendment of law, none can sublet any property and if any agreement is continuing at the time of this amendment of law, that shall be cancelled and the suit premises should be returned back to the landlord………………………………(14) Cases Referred to- Abdur Ras......he order of status-quo granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 455. ..Category: Administrative Law | Date: | Hits: 175
Mir Daulat Hossain and another Vs. Secretary, National Sports Council and others, 1998, 27 CLC (HCD)
....ads as follows: "Power of the Board to dissolve the executive committees of certain organisations, etc.- Notwithstanding anything contained in any other law for the time being in force, or in any, agreement, contract, memorandum or articles of association or any, other legal instrument, the Board......) Nuruzzaman……………………………..Petitioner (Writ Petition No.689 of 1998) Vs. Secretary, National Sports Council and others………………………….Respondents (In both to Writ Petitions) Judgment May 10, 1998. Result: The Rules are made absolute. The N......ting Nuruzzaman as Treasurer of the Shooting Federation is also set aside and the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 561. ..Category: Employment/Service Law | Date: | Hits: 100
State Vs. Md. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)
....m alias Franch Alam (5) Jalil Mollah is allowed. The appellants therefore be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 672. ......spot and a person can be killed without any pre‑plan……………..(36) The appellants were members of the unlawful assembly armed with deadly weapons and they came with the condemned prisoner to the place of occurrence with the said weapons in their hands. This evidence is sufficient to hold......elves. 10. P.W.2, Razia Khatoon (Razu), stated in her evidence that she worked in the tea shop of Khorshed by the side of No.1 Rail line. Deceased Panna was known to her from before as she used to sell tea to him at night while he was on duty as guard in that area. At about 1‑30 AM in the night..Category: Criminal Law | Date: | Hits: 110
Sudhangshu Shekhor Halder Vs. Chief Election Commissioner & others, 2003, 32 CLC (HCD)
....gal practice or other illegal act. 8. Issues It appears from an order dated 5‑8‑2002 that issues were framed, but those not being traced in the file, by order dated 25‑8‑3003, with the agreement and consent of both parties, it was decided that framing of issues is not essential in an ......municated to the Election Commission to take necessary steps in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 655. ......not submitting the correct statement about his election expense, probable source of find; that Respondent Nos.5 (in his return) stated that he had no source of income and he has collected the fund by selling his books and collecting money from his party; that after the election was over Respondent N..Category: Election Law | Date: | Hits: 300
Hazi Shamul Alam Vs. Dr. Ashim Sarkar and others, 2006, 35 CLC (HCD)
....in the submission of Mr. Mahmudul Islam that the Advocate Commissioner's report (Ext-13) is not legally admissible in evidence and it can not be used against contesting defendant No.5. We are in full agreement with the submission of the learned Advocate for the respondent that after the Advocate Com......06. Result: The appeal is dismissed. The Partition Act, 1893 (Act No. IV of 1893), section 4 A co-sharer of a dwelling house has an irresistible right under Section 4 of the Partition Act to resist a stranger from coming to an undivided dwelling house and has a protected right to buy up ......onnected Civil Rule No.17(F) of 2004 is discharged and the order of stay is vacated. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 199. ..Category: Property Law | Date: | Hits: 132
Moniruzzaman (Md.) Vs. Bangladesh House Building Finance Corporation and others, 2010, 39 CLC (HCD)
....ecially Article 27 of PO No.VII of 1973 is relevant for our purpose. The relevant clauses of Article 27 of PO No.VII of 1973 may profitably be quoted: "27. (1) Where by reason of the breach of any agreement by the borrower the corporation becomes entitled to require the immediate payment of the a...... July 12, 2010. Result: The rule is made absolute. The Bangladesh House Building Finance Corporation Order, 1973, (PO No.VII of 1973); Article 27 Article 27 of the Order enables the HBFC to seek relief against the defaulting borrower by an application to be made directly to the 'Distric......It is apparent on records that an application (Annex-A) under Article 27 of the PO No. VII of 1973, was initially filed by the HBFC in the Artha Rin Adalat, Tangail, amongst others, for permission to sell the property of the petitioner mortgaged to the Corporation as security against loan taken by h..Category: Property Law | Date: | Hits: 127
Sk Shayeed-ul-Amin and others Vs. State, 2010, 39 CLC (HCD)
....esult, we find merit in the rule issued earlier. According the rule is made absolute. Send down the Lower Court Record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 237. ......n Act and the Transfer of Properties Act which is a civil jurisdiction rather than any liability under Penal Code…………………(13) If the complainant has given any amount of money in order to get a sell deed for a land he should establish his civil right thereof through a civil Court. For...... the Transfer of Properties Act which is a civil jurisdiction rather than any liability under Penal Code…………………(13) If the complainant has given any amount of money in order to get a sell deed for a land he should establish his civil right thereof through a civil Court. For framing ..Category: Criminal Law | Date: | Hits: 102
Arshad and others Vs. State and another, 2010, 39 CLC (HCD)
....sence of other witness. On receipt of the money, the accused persons assured that the complainant would be sent to Bahrain as agreed by them. But the accused persons did not perform their part of the agreement in the matter of sending the complainant abroad. Ultimately the accused persons neither ma......on of complaint, shall stands as a legal bar for the purpose of initiating the impugned 2nd complaint proceeding. The principle of double jeopardy as contemplated under section 403 Cr.P.C. comes to operate only when offence once had been tried by a competent Court and ended in conviction or acq......rder passed in connection with the Rule sands vacated. Send a copy of the judgment and order to the concerned Court below at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 233. ..Category: Procedural Law | Date: | Hits: 108
Jahirul Islam (Md.) Vs. Rokeya Begum and others, 2009, 38 CLC (HCD)
....perty to which defendant Nos.1-3 agreed to sell and price was settled at Taka 66,000. The plaintiff and defendant No.4 each paid Taka 28,500 and in total paid Taka 57,000 as earnest money and deed of agreement for sale was executed on 24-12-1988 and it was stipulated that the plaintiff and defendant......ment is concluded agreement and the same is binding upon both the parties until and unless it is cancelled…………………(14) While delivering judgments, the judge should properly adhering to the provision of Order XLI, rule 31 of the Code of Civil Procedure and it should not be very shor......f disposal of the rule in short are that the plaintiff and the defendant No.4 entered into a contract with the defendant Nos.1-3 for purchase of the suit property to which defendant Nos.1-3 agreed to sell and price was settled at Taka 66,000. The plaintiff and defendant No.4 each paid Taka 28,500 an..Category: Civil Law | Date: | Hits: 153
Abul Hashem Vs. Mahmuda Khatoon & another, 2012, 41 CLC (HCD)
....6(six) years prior to the filing of the suit and also for the period thereafter, and entitlement of the mother to deferred dower. 2. The trial Court and the appellate Court recorded decisions in agreement on some of the issues and with difference or contradiction on others. 3. Those issues......LR (HCD) (2012) 494. ......h and the learned Assistant Judge and Family Court, Fulbaria, Mymensingh along with the lower Court records. No order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 494. ..Category: Family Law | Date: | Hits: 246
Nur Mohammad Vs. Serajul Islam and others, 2012, 41 CLC (HCD)
....f Abdus Samad Khan Vs. Wajed Ali Fakir reported in 44 DLR 495 it has been observed "there is no provision of law that title on the basis of the subsequent sale deeds will take effect from the date of agreement for sale it possession is delivered in past performance of the agreement." 13. It is se......82), section 48 Section 48 of the Transfer Property Act provides that the deed which was executed earlier should be prevailed. Section 48 of the Transfer of Property Act creats a priority of right to transfer property wherein the maxim "qui prior est tempore potior est jure" means that who is pre......claration of title and recovery of khas possession contending, inter alia, that one Ananda Charan Kuri was the owner of "Ka" schedule property measuring an area of 44 decimals of land. He proposed to sell the same to the plaintiff at a consideration of Taka 1,200 and on receiving Taka 1,030 in diffe..Category: Property Law | Date: | Hits: 134
Dr. Md. Mofizur Rahman and others Vs. Md. Bashirullah and another, 2003, 32 CLC (HCD)
....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......the Negotiable Instruments Act arises after expiry of the period of 15 days from the date of receipt of the notice sent under section 138 (b) of the said Act and consequent upon failure of the drawer to pay the money within the period of 15 days as envisaged under clause (c) to proviso to section 13...... court of Metropolitan Magistrate, Dhaka is hereby quashed. Communicate the order to the Court of Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 630. ..Category: Civil Law | Date: | Hits: 163
Islami Bank and others Vs. Dewan Md. Yusuf, 2002, 31 CLC (HCD)
....than that of Lord Scarman, in Tai Hing Cotton Mills case, with whom other Right Honourable Members concurred, in delivering the advice for the Board, expressed the view that in the absence of express agreement to the contrary, the duty of care owed by a customer to his bank in the operation of his c......d. Yusuf.................................................Respondent Judgment January 16, 2002. Result: The Appeal is dismissed. If a bank pays on a cheque which does not contain the customer's signature, the bank acts without mandate and cannot repel liability, the only limitation on ......udgment and the decree passed by the learned Court below. In view of above the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 624. ..Category: Criminal Law | Date: | Hits: 130
Nadira Alam Vs. State, 2010, 39 CLC (HCD)
....iction it was committed………………………(23) The offence under section 138 of the Act can be completed with the concentration of the number of facts (i) First occurrence and consequently agreement was made between the parties (ii) drawing of the cheque, (iii) presentation of the cheque,......11, 2010. Result: The Rule is discharged. The Negotiable Instruments Act, 1881 (Act XXVI of 1881); Sections 138, 141 Negotiable Instruments Act is a special law without any reference as to jurisdiction. Normally the provision of Criminal Procedure Code is to be followed in such case. S...... Bazar for compliance who is directed to dispose the case in the light of observation made in the body of judgment on priority basis. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 218. ..Category: Criminal Law | Date: | Hits: 134
Md. Sayem Islam Vs. State, 2006, 35 CLC (HCD)
....expert and seizure list witness even did not know the contents of the polythene bag, the alleged recovery from the appellant was not proved and the conviction was set aside". We are in respectful agreement with the above principle and the same is applicable in the present case. So having regard ...... Substance Act, 1908 (Act No. VI of 1908); sections 3 & 4 In the absence of absolute evidence regarding the fact that the appellant caused by any explosive substance any explosion of a nature to endanger life or to cause serious injury to person or property, the conviction and sentence under......ail bond. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 155. ..Category: Criminal Law | Date: | Hits: 103
Md. Mostafa Rana Vs. Most. Farzana Sultana, 2009, 38 CLC (HCD)
...., 29 DLR (SC) 185, wherein it has been held that: “It appears to us that the preponderant judicial view which emerges out of the authorities referred to above and with which we find ourselves in agreement, is that the Court should not presume the existence of Inherent power to do that for which......ddin Chaklader J AKM Abdul Hakim J Md. Mostafa Rana…………………………Petitioner Vs. Most. Farzana Sultana…………………………………Opposite Party Judgment October 12, 2009. Result: The rule is made absolute. The Code of Civil Pr......itioner to pay 50% of decreetal amount in Court, failing which, the orders impugned shall stand vacate. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 149. ..Category: Procedural Law | Date: | Hits: 154
....tions of the same, a high-level meeting was convened on 28-01-007, but to no avail. It is contended by Reliant that having thus exhausted the avenue to resolve amicably by direct negotiation the disagreement or dispute that had so arisen between Reliant and BCIC, Reliant, upon invoking Arbitration......s by this Court are also accordingly maintained.
17. There are no orders as to costs.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 64.
......s, participated through its local agent, Summit Industrial & Mercantile Corporation (Pvt.) Ltd. ('the Local Agent') in various tenders floated by BCIC for the purchase of 1,00,000 MT (+/- 5% at seller's option) of Granular Urea in bags, and prilled Urea in bags in the matter under considerat..
Category: Alternative Dispute Resolution | Date: | Hits: 589
80738072807080678050803280318027802280218018801780168015800480038001799779967994