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Ali Haider Chowdhury Vs. State and another, 2012, 41 CLC (HCD)
.... law. Let a copy of this judgment be transmitted to the concerned Court below at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 116. ......lip;………...Opposite Party Judgment November 8, 2012. Result: The Rule is discharged. Under latest Propositions of Law, an Accused cannot remain on Anticipatory Bail for an Unlimited Period- It is now well settled that after submission of the police r......er on hire-purchase system or by outright auction. We don't find any paper and document which may indicate that the government directed the Management Board constituted under the law to sell out the abandoned properties for the welfare of the people and the country as well. 2..Category: Anti-Corruption Laws, Procedural Law | Date: 8 Nov, 2012 | Hits: 7
Mosharef Hossain (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....o satisfy the Adalat as early as possible then the executing Court will proceed in accordance with law. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 81 .......Respondents Judgment November 7, 2012 Result: The Rule is made absolute. Upon the satisfaction of the Court a private sale of the mortgaged property to satisfy the decreetal amount can be allowed to the Judgment debtor by the Court. A reasonable tim......ly to be given. In the instant case, the ends of justice would be best served if the petitioner has been given a chance to pursue his wish by which the decreetal amount may be paid of by private selling of the mortgaged property, and in all fairmess that should be allowed. Time should be r..Category: Property Law | Date: 7 Nov, 2012 | Hits: 8
Anti Corruption Commission Vs. Md. Obaidul Karim and another, 2012, 41 CLC (AD)
....ment and order dated 25.09.2012 passed by the High Court Division in Criminal Miscellaneous Case No.19433 of 2012 be stayed till disposal of the appeal. Ed. This Case is also Reported in: ......ellip;……Petitioner Vs. Md. Obaidul Karim and another................Respondents Judgment November 4, 2012. Result: The leave is granted. Case Referred to- Habibur Rahman Mollah Vs. the State, 62 DLR (AD) 233. Lawyers Involved: Md. Khurs...... was kept in the custody of one Md. Abdus Salam, son of late Hasen, of Building No.A/P.11, at 11/R Top Kalabagan, Green Road Staff Quarter, Dhaka, without any legal document and that he was trying to sell the said Jeep; that they then proceeded immediately towards the house of said Abdus Salam and o..Category: Anti-Corruption Laws | Date: 4 Nov, 2012 | Hits: 611
Abdur Razzaque Chowdhury and others Vs. Artha Rin Adalat and others, 2012, 41 CLC (AD)
....interfere with the impugned judgment and order passed in Writ Petition No.5889 of 2008. In view of the above, both leave petitions are dismissed. Ed. This Case is also Reported in: ......uda J Abdur Razzaque Chowdhury and others.......Petitioners (In both cases) Vs. Artha Rin Adalat and others.......................Respondents (In both cases) Judgment October 18, 2012. Result: The leave petitions are dismissed. Case Referred to- Abd...... Sub-section (5) has dealt with the power of the executing Court to give the decree-holder the right to possess and enjoy the property to be sold in auction and also to authorize the decree-holder to sell such property and issuance of certificate to the decree-holder to the above effect in case the ..Category: Civil Law | Date: 18 Oct, 2012 | Hits: 159
Ibrahim (Md.) Vs. Government of the Peoples Republic of Bangladesh & others, 2012, 41 CLC (HCD)
....48. Where an unpaid seller has made part delivery of the goods, he may exercise his right of lien on the remainder, unless such part delivery has been made under such circumstances as to show an agreement to waive the lien. Termination of Lien...... Kamal J Ibrahim (Md.).......................................Petitioner Vs. Government of the Peoples Republic of Bangladesh & others.......Respondents Judgment October 16, 2012. Result: The Rule is discharged. Lawyers Involved: AF Hasan Ariff......e wheat to or according to the direction of the plaintiff (Gilgandra Marketing Co-Operative Ltd) and also permanently restrained Australian Commodity & Merchandise Pvt. Ltd from dealing with selling, encumbering, endorsing and Bill of Lading, issuing delivery order for delivering the cargo,..Category: Admiralty Law or Maritime Law | Date: 16 Oct, 2012 | Hits: 9
Grameen Solutions Ltd. Vs. Registrar, Joint Stock Com¬panies and Firms, 2012, 41 CLC (HCD)
....s no unfair or inequitable transaction and (ii) all the creditors entitled to object to the reduction have either consented or been paid or secured." 8. I am quite respectfully in agreement with the view expressed in the case of Reckitt Benckiser (India) Ltd. reported 2005 DLT 61...... not absolve the company of its liability, if any, with anybody. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 186 ...... after its name dispensed with. But this order shall not absolve the company of its liability, if any, with anybody. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 186 ..Category: Company Law, Corporate Law | Date: 15 Oct, 2012 | Hits: 11
Government of Bangladesh and others Vs. Mrs. Mohsina Rahman alias Joya, 2012, 41 CLC (AD)
.... AND WHEREAS the VENDOR while thus owning and possessing said plot No.6 being in urgent need of money sold the same to Mvi. Mofazzal Hussain by a sale deed dated 2.4.1955 followed by a registered agreement by the said purchaser to reconvey the land in favour of the VENDOR; AND WHEREAS in con......he Deputy Commissioner, Dhaka and others……………………………………………Petitioners Vs. Mrs. Mohsina Rahman alias Joya …………………..Opposite Party Judgment October 15, 2012. Result: Rule is discharged. Cases referred to- Abdul Noor (Md.) alias Gu......ed 31.03.1958 reconvened the land to the VENDOR; AND WHEREAS the VEN DOR thus absolutely seized and 0possession of the land of plot No.6 being in need of money to finance his business proposed to sell the 8 khatah 13 chataks of land of plot No.6 and the PURCHASER offered a price of Rs. 15,000/00..Category: Property Law | Date: 15 Oct, 2012 | Hits: 191
Lal Mia and another Vs. Secretary, Ministry of Land and others, 2012, 41 CLC (HCD)
.... Bashiruddin, who is the father of the vendors of 2.97 acres of land of property in question to the petitioners. It is the vendors' contention that their father, Mr. Bashir Uddin, entered into an agreement with the CS, SA and RS recorded owners of the suit land, Mr. Bono Mali Haider and others, ......J Md. Khurshid Alam Sarkar J Lal Mia and another..................................Petitioners Vs. Secretary, Ministry of Land and others..........Respondents Judgment October 8, 2012. Result: The Rule is disposed of. Binding force of a court A decre......suit land by the said two groups of vendors to the petitioners, the latter have been possessing the same. 3. It is stated that both the aforesaid vendors (Basiruddin and Jahnara Begum), prior to selling the aforesaid land to the petitioners, acquired the same by way of the verdicts of the civil..Category: Property Law | Date: 8 Oct, 2012 | Hits: 8
Agrani Bank Vs. Anwarul Bashir Khan and others, 2012, 41 CLC (AD)
....uting court issued a sale certificate on 4th April, 2004 enabling the judgment debtor to make the proposed sale of the mortgaged property. It was claimed that the judgment debtor entered into an agreement with Ragib Ali, the respondent No.1in Civil Appeal No.106 of 2006, for transfer of the sai...... Muhammad Imman Ali J Md. Shamsul Huda J Agrani Bank.......................Appellant Vs. Anwarul Bashir Khan and others…........Respondents Judgment October 3, 2012. Result: The appeals are disposed of with observations. Lawyers I......se Anwarul Bashir Khan filed an application under Order XXI, rule 83 of the Code of Civil Procedure for issuing a sale certificate in his favour in order to enable him to repay the decretal amount by selling one of the mortgaged properties situated at Gulshan. The Artha Rin Adalat rejected the praye..Category: Civil Law | Date: 3 Oct, 2012 | Hits: 5
Orascom Telecom Bangladesh Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....alid license granted by the Bangladesh Telecommunication Regulatory Commission (BTRC). 3. Pursuant to an advertisement dated 16-8-1995, the petitioner being the successful bidder entered into an agreement with the Ministry of Post and Telecommunications of Bangladesh (hereinafter referred to as......the constitution of the People’s Republic of Bangladesh, The Telegraph Act, 1885 Section 4, Wireless Telegraph Act, 1933 Article 40 should go uninterrupted The petitioner is entitled to carry out his business of mobile operator as per Article 40 of the Constitution of the People&rsq......e guidelines 2011 whatsoever. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 148. ..Category: Fiscal/Taxation Law, Information Technology Law | Date: 14 Aug, 2012 | Hits: 19
....cement of these duties society has an interest. In the language of jurisprudence status is a condition or membership of a group of which powers and duties are exclusively determined by law and not by agreement between the parties concerned.
20. Besides this; the learned Advocate for the petitio...... Law, Justice and Parliamentary Affairs and
others.......................Defendant-Opposite Parties
Judgment
August 8, 2012.
Result:
The is made absolute.
Cases Referred to-
Bangladesh and others Vs. A.K.M. Zahangir Hossain and others, 34 DLR (AD) 173; Principal, C......sh without any valid document.
3. The contrary case of the defendant-opposite parties in brief, is thus, that the plaintiff and his elder brother in the year 1953 after the death of their father selling their landed properties including homestead went to India and subsequently after Liberation ..
Category: Constitutional Law, Employment/Service Law | Date: 8 Aug, 2012 | Hits: 3
Government of Bangladesh Vs. ATM Mannan and another, 2012, 41 CLC (AD)
....d judgment should be set-aside. 12. Mr. Abdul Matin Khasru, learned Senior Advocate appearing on behalf of respondent No.1, on the other hand, submits that the writ petitioners entered into an agreement to purchase the disputed building for a consideration of Tk. 20,00,000 and accordingly, ....... ATM Mannan and another..........................Respondents Judgment August 8, 2012. Result: The appeal is allowed. The onus is on the claimant of the building to prove that the building is not an abandoned property and that the Government has no obligation ei......gister of the City Corporation. She paid all taxes including the municipal tax. Subsequently while in peaceful possession of the property, Mrs. Farhat Hasan being in urgent need of money decided to sell the property. The writ petitioners proposed to purchase the property for a consideration of Tk...Category: Property Law | Date: 8 Aug, 2012 | Hits: 84
Bangladesh Telecommunications Company Ltd Vs. CPTU, 2012, 41 CLC (HCD)
....PPA or PPR, only then the provision of the Loan Agreement shall prevail. Other wise, the PPA shall apply in all types of procurement of goods, work or services by the Government under a loan or grant agreement with a foreign organisation or state…………....... (14) Appl......012 is discharged. Rule issued in Writ Petition No.5095 of 2012 is made absolute. Power of a Review Panel Neither PPA, 2006 nor PPR, 2008 has provided any authority upon a Review Panel to declare a company as pre-qualified for a particular project of any purchasing entity. Any company......y Review Partel-2 within 2 weeks from the date of the receipt of this order. There, however, shall be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 98. ..Category: Information Technology Law | Date: 7 Aug, 2012 | Hits: 10
Yousuf Chowdhury (Md.) Vs. Md. Emran and another, 2012, 41 CLC (HCD)
....reinafter referred to as the defendant) on the averments, inter alia, that the defendant on receipt of Taka 1,50,000 as earnest money out of total consideration of Taka 2,00,000 executed a registered agreement on 27-9-1982 for selling the suit property to the plaintiff. In the agreement, it was stip...... Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioner. Abdul Wadud Bhuiyan, Senior Advocate instructed by Sufia Khatun, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No.2536 of 2010. (From the judgment and order dated the 20th day of May, 2010 passed by......e defendant) on the averments, inter alia, that the defendant on receipt of Taka 1,50,000 as earnest money out of total consideration of Taka 2,00,000 executed a registered agreement on 27-9-1982 for selling the suit property to the plaintiff. In the agreement, it was stipulated that on receipt of b..Category: Civil Law | Date: 5 Aug, 2012 | Hits: 40
Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)
....t has to be established by direct evidence, the accused and other persons whose acts, statements or writings are sought to be given in evidence against him, entered into a formal consultation or agreement to commit the offence. It is also not disputed that direct evidence is seldom availab...... Vs. State......................................................Respondent Judgment August 1, 2012. Result: The appeal is dismissed by majority decision. Cases Referred to- Judicial Committee of the Privy Council in Mirza Akbar Vs. King Emperor, AIR 1940 PC 176; B......an agreement between two or more persons to do an illegal act or to do a legal act by illegal means. The scope of criminal conspiracy is to be determined by the agreement of the conspirators. Russell on Crime (12th edn, vbl-1, page-220) explained what acts constitute a criminal conspiracy: ..Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36
National Board of Revenue Vs. Abu Saeed Khan and others, 2012, 41 CLC (AD)
....victims. The appeals are, therefore, allowed without any order as to costs with the above observations. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 116. ......han and others………………….......Respondents Judgment August 1, 2012. Result: The appeals are allowed. Public Interest Litigations (PILs) when to prefer The filing of PIL petition is essentially meant to protect basic human rights of t......y to purchase SIM/RUIM Cards for enjoying various service; from the mobile phone operators. The said duty of Taka 1,500 has been reduced to Taka 300 "levying and Collecting", Taka 900 as tax while selling SIM/RUIM Cards and Taka 300 as import duty on each mobile set as levy of VAT at the rate of..Category: Fiscal/Taxation Law | Date: 1 Aug, 2012 | Hits: 27
Monindra Nath Biswas Vs. Kantaram Mondal and others, 2012, 41 CLC (HCD)
....any such contract, grant or other disposition of property, or any matter required by law to be reduced to the form of document, have been proved according to the last section, no evidence of any oral agreement or statement shall be admitted, as between the parties to any such instrument or their rep...... Order VII Rule 7 of the Code of Civil Procedure provides that, the plaint shall state specifically the relief which the plaintiff claims either simple or in alternative and it shall not be necessary to ask for general or other relief which is always be given as the Court may think just to the same ......s essential only to decide and dispose of the matters in controversy as the evidence on record adduced by the plaintiff supported the fact of benami declaration, particularly the P.W.3 being the seller of the property, on oath adduced before the Court that he received consideration money of the..Category: Property Law, Procedural Law | Date: 31 Jul, 2012 | Hits: 5
Energy Prima Ltd Vs. People's Republic of Bangladesh and others, 2012, 41 CLC (HCD)
....nergy payment bill of the petitioner by the respondent No. 2-4 is without lawful authority and is of no legal effect. Moreover, under the same international tender and tender documents and draft agreement, another rental power company namely Aggreko International Projects Limited has been enjoy......er Vs. People's Republic of Bangladesh and others...............Respondents Judgment July 29, 2012. Result: Both the Rules are discharged. Cases Referred to- State of UP Vs. Bridge & Roof Co. (India) Ltd. Reported in AIR 1996 SC 3515 at 3520; Ka......d sixty seven cents eighty two). 4. The brief facts necessary for disposal of these writ petitions are as follows: 5. The petitioner is doing the business of generating and selling of electricity on rental basis or under IPP, BOO & EOT basis by setting by power plant i..Category: Business or Commercial Law, Constitutional Law | Date: 29 Jul, 2012 | Hits: 6
....quo; as such the accused cannot derive any benefit out of it. In support of this view, we may safely rely upon the decision of the case reported in 1993 BLD (AD) 11 ”
11. We are also in agreement with in view of the above observations and findings that since rule 10 of the Rules, 2007 ......is discharged.
The Anti-Corruption Commission Rules, 2007, Rule 10
Since rule 10 of the Rules, 2007 does not incorporate any consequence as such, for non-compliance of the same with regard to conclusion of investigation within the prescribed period of time cannot be treated as mandatory, ......lier is hereby vacated and the trial court concern is accordingly directed to proceed with the case in accordance with law.
Abdur Rob J. - I agree.
Ed.
This Case is also Reported in:
..
Category: Anti-Corruption Laws | Date: 18 Jul, 2012 | Hits: 23
Ancient Traders Limited and others Vs. Chittagong Port Atuthority, 2012, 41 CLC (HCD)
....the Regulations (prior to the impugned amendment), however, defined “Shore Handling Contractor” as the Stevedore who may also be required to supply labour and other staffs, etc. on shore as per agreement with the respondent No.1. Regulation 74 of the Regulations states that a Shore Handling C......on No.4285 of 2010. Judgment Farah Mahbub J.- In this Rule, issued under Article 102 of the Constitution of the People’s Republic of Bangladesh, the respondents have been called upon to show cause as to why the impugned amendment of the Regulations for Working of Chittagong Port (C...... the TDS.” 67. In the impugned tender notification dated 17.05.2010 published in the respective daily newspaper on 18.05.2010(as contained in Annexure-A-1 to the writ petition) the last selling date was fixed on 13.05.2010, tender closing date and time were fixed on 31.05.2010 at 11.0..Category: Others | Date: 21 Jun, 2012 | Hits: 20
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