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Bangladesh Biman Corporation and others Vs. Riaz Uddin Ahmed and others, 2012, 41 CLC (AD)
....rt Division held that application was an appeal and the contents and prayers made in that appeal ought to have been considered by the concerned authorities under regulation 59 itself. We are fully in agreement with the above observations and finding of the High Court Division. After the impugned ......hmed and others...............................Respondents Judgment June 5, 2012. Result: The appeal is dismissed. The Constitution of Bangladesh, 1972, Article 102 Mere an omission to write the word appeal in the application cannot be a ground for not treating that application as ......ot find any error in this finding of the High Court Division. In the circumstances this appeal has got no merit and hence it is dismissed. Ed. This Case is also Reported in:9 ADC (2012) 811. ..Category: Administrative Law | Date: 5 Jun, 2012 | Hits: 388
Bangla Phone Limited Vs. Huawei Tech Investment Ltd. and another, 2012, 41 CLC (HCD)
.... the market has also fluctuated. Regarding of the upgrades, the respondents quoted a price with a lump sum discount, although the applicability of discount is a discretion. The respondent No.1 has no agreement with the petitioner for any service requirement. The respondent No.2 company tried to reso......o the petitioner may be finally adjudicated by the SIAC Arbitration. However, there shall be no order as to costs. This Case is also Reported in: ......rt. 11. The learned Advocate Mr. Ajmalul Hossain QC, appearing on behalf of the petitioner at the very initiation argued that the petitioner is the customer and the respondent No. 2 company is the seller of telecommunication equipments to the petitioner company and therefore under the relationshi..Category: Arbitration Law | Date: 3 Jun, 2012 | Hits: 61
.... from the date of receipt of a certified copy of this judgment and order.
Communicate this judgment and order at once.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 478
......ial Original Jurisdiction)
Present:
Syed Refaat Ahmed J
Md. Akram Hossain Chowdhury J
PHP Float Glass Industries Ltd......................Petitioner
Vs.
Commissioner Customs, Excise and VAT and others.......Respondents
Judgment
May 30, 2012.
Result:
......te for the petitioner, the case of Chittagong Cement Clinker Vs. NBR reported in 60 DLR 287, the ratio in which was that- "Subsection (2) of section-5 entitles a producer or manufacturer to sell its goods at a price/consideration which he declares and neither the National Board of Rev..
Category: Fiscal/Taxation Law | Date: 30 May, 2012 | Hits: 3
Kazi Md. Habib Ullah Vs.Bangladesh and others, 2012, 41 CLC (HCD)
.... before a Court for adjudication in which the government is a parry is an affront to a judicial proceeding and is an attempt to pre-empting a judgment not to be condoned in any way." 11. In agreement with the said observations so given by the Appellate Division Memo No. 440(6) dated 2.........Petitioner Vs. Bangladesh and others..............Respondents Judgments May 30, 2012. Result: The Rule is discharged. Nikah Registrar needs sanction of law to work According to Rule 6 a Nikah Registrar can perform additional responsibilities for a max...... with law. 19. The order of stay granted earlier by this Court is hereby vacated. There will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 372. ..Category: Family Law | Date: 30 May, 2012 | Hits: 7
Bimal Chandra Sen Vs. Md. Waliullah Chowdhury and others, 2012, 41 CLC (AD)
.... the said Will. She filed the probate case for granting probate. The respondent filed an application in the said case for adding her as a party on the allegation that the testator had entered into an agreement with her to sell schedule-I property and made over possession to her. She further stated t......al Chandra Sen.............................Appellant Vs. Md. Waliullah Chowdhury and others.......Respondents Judgment May 30, 2012. Result: The appeal is allowed. Cases Referred to- Sree Paresh Chandra Dey Gupta Vs. Abul Hossain, 33 DLR (AD) 254; Shubra Nandi Majumder Vs. Be......led the probate case for granting probate. The respondent filed an application in the said case for adding her as a party on the allegation that the testator had entered into an agreement with her to sell schedule-I property and made over possession to her. She further stated that she had already fi..Category: Civil Law | Date: 30 May, 2012 | Hits: 47
Aqua Culture Farms Limited Vs. Registrar of Joint Stock Companies and Firms, 2012, 41 CLC (HCD)
....he office is directed to inform the learned Advocate of the petitioner accordingly. Ed. This Case is also Reported in: ......e petitioner accordingly. Ed. This Case is also Reported in: ......de a further provisions as object sub-clause No. 1(a)-1(e) and 39(a) to the following extent: “1(a) To acquire land by purchase or on lease and to construct building/flats thereon and to sell the same in whole or pieces or part directly or by or through agents” “1(b) To acquire..Category: Company Law | Date: 28 May, 2012 | Hits: 32
S.M. Zahid Rezvi and others Vs. The Magura Pourashava and others, 2012, 41 CLC (HCD)
....ffidavit has stated that the petitioners have taken lease of the vacant land from the Pourashava wherein they have constructed shops at their own cost and that the Pourashava has entered into a lease agreement with each of the petitioners by accepting salami from them, so they are not ejectable tena...... Result: The order of stay is vacated. Lawyers Involved: M. Quamrul Haque Siddique with S.M. A. Sabur with Mrs. Masuda Rahman Begum—For the petitioners Mahbubay Alam, Attorney General with Md. Bodruddoza—For the respondents. Writ Petition No.3393 of 2012. ......ted the shops and hand over the vacant possession in favour of respondent No.1 within 30 days from date. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 16. ..Category: Constitutional Law | Date: 24 May, 2012 | Hits: 1
Marzan Abedin Vs. Judge, Artha Rin Adalat No. 4 Dhaka and others, 2012, 41 CLC (HCD)
....cially signed, verified and followed by affidavit. If the same is absent the application is not tenable under the law. We verily endorse the view taken in the said decision. We are in respectful agreement with the decision. In the case in hand, we have found that the application by which warran......;….Petitioner Vs. Judge, Artha Rin Adalat No. 4 Dhaka and others.........Respondents Judgment May 15, 2012. Result: The Rule is made absolute. Cases Referred to- Golam Haider Kabir Vs. Government of Bangladesh 15 BLC 831; 55 DLD (AD) 31; 61 DLR 760; 33 ......ication under section 34(1) of the Ain, if so advised, in this regard. Communicate this order to the Court concern at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 79. ..Category: Banking Law, Corporate Law | Date: 15 May, 2012 | Hits: 4
Advocate Murshedur Rahman Chowdhury Vs. Bangadesh and others, 2012, 41 CLC (HCD)
....an application which does not call for issuance of rule and do reject the application summarily. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 63 & 69 ..................Respondents Judgment May 13, 2012. Result: The Writ Petition is rejected summarily Constitution of Bangladesh, 1972; Article 102(2) Case Referred to- Kazi Mukhlesur Rahman Vs. Bangladesh (Bern Bari) 26 DLR (AD) 44; Dr. Mohiuddin Farooque Vs.......an application which does not call for issuance of rule and do reject the application summarily. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 63 & 69 ..Category: Constitutional Law, International Crimes Tribunal Law | Date: 13 May, 2012 | Hits: 6
....Director of the Tenderer namely, Maisha Corporation (Pvt) Ltd was an interested person in the matter, but he acted in dual capacity as a tenderer and Syndicate member of the purchaser, BSMMU. So, the agreement for the supply was voidable due to practice of fraud. Expert report of BUET and experience......espondents
Judgment
May 10, 2012.
Result:
The Appeal is dismissed.
Lawyers Involved:
Abdul Quayum and Md. Masudul Haque, Advocates—Appellant.
Mahbubey Alam, Attorney-General and Tanjub-ul Alam—For Respondents.
First Miscellaneous Appeal No.23 of 20...... as to costs.
Send down the LCRs along with a copy of the judgment to the Court below immediately.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 194.
..
Category: Arbitration Law | Date: 10 May, 2012 | Hits: 16
Dr. Moos Bin Shamsher Vs. Ayub Ali and others, 2012, 41 CLC (HCD)
....acts relating for disposal of the appeal are that, plaintiffs are the heirs of late Professor Yousuf Ali and after his death, his heirs, plaintiffs, become the owners and demands for entering into an agreement with defendant for leasing the demised property describing in the schedule to the plaint a......enant Can Restrain Landlord Permanently from Evicting by Challenging the Title- It is settled principle of law that tenant can file suit but that he can done after surrendering the suit premises to the plaintiff landlord. Moreover, at no point of time tenant has right to challenge the title of ......h Rule 6 of the Premises Rent Control Rules, 1964, they have not given rent receipts to the appellant. There is no bona fide requirement as claimed by the plaintiffs as there being 8 owners for selling the property as there is no precedent to support the finding of the trial Court that the pow..Category: Contract Law, Tenancy Law | Date: 7 May, 2012 | Hits: 7
Rajuk Karmachari Bahumukhi Samabaya Samity and another Vs. M/s Al-Razib Traders, 2012, 41 CLC, (HCD)
....2 bighas of land from Rajuk by a registered lease deed and they decided to construct a 10-storied building therein to raise fund. c. The petitioner was appointed as contractor/Developer and agreement was executed in that behalf and a power of attorney was executed in favour of the 1st part......Traders …………………..............Opposite-Party Judgment May 3, 2012. Result: The Rule is discharged. District Judge not amenable to the High Court Division No appeal or revision lies against an order passed by the District J......py of this judgment. Send a copy of this judgment to the Court of the learned District Judge as expeditiously as possible. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 285. ..Category: Arbitration Law | Date: 3 May, 2012 | Hits: 18
Most. Umme Shaheda Akhter Rina & othersVs. Ayub Ali and others, 2012, 41 CLC (AD)
....on from selling any portion of the suit land without prior permission of the trial Court, if so advised. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 94; 17 MLR (AD) (2012) 235. ......t: The petitions are disposed of. The Code of Civil Procedure, 1908 (Act No. V of 1908); Order XL, Rule 1 Appointment of receiver in a suit for partition It is not proper to appoint a receiver in a suit for partition. Mere existence of a dispute cannot be a ground whats......1 bighas of land and, on the other hand, the defendants-petitioners and others are entitled to 182 bighas of land. But the defendants sold out more lands than their shares and have been continuing to sell further lands. They sold properties to different persons on different occasions by more than 50..Category: Civil Law | Date: 16 Apr, 2012 | Hits: 92
Monsur Hossain (Md.) Vs. Rahima Khatun and others, 2012, 41 CLC (HCD)
....vour of his sons, daughters and widows. His father died on 25-12-1973. Thereafter, his wife named Rawshan Ara rented the suit premises in favour of the defendant upon certain terms and conditions. An agreement for lease was executed by his mother as being landlord and the defendant as tenant on 17-5...... Rahima Khatun and others…………………Opposite-Parties Judgment April 12, 2012. Result: The Rule is made absolute. Cases Referred to- Solaiman (Md.) Vs. Sufia Akhtar Alam being dead her heirs Nirjesa Rahamat-ullah and others,......ecord by the trial Court failing which the plaintiff would be at liberty to execute the decree as per law. Record be send down. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 207. ..Category: Property Law | Date: 12 Apr, 2012 | Hits: 6
Palash Barua & others Vs. Anil Kumar Barua and others, 2012, 41 CLC (AD)
....d reason to interfere with the impugned judgment and, as such, the Civil Petition for Leave to Appeal No.395 of 2010 is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 96. ......Advocate-on-Record-For the Respondent No.1. None Represented—For the Respondent Nos.1-18. Civil Appeal No.395 of 2010. Judgment Md. Shamsul Huda J.- The instant Civil Petition for Leave to Appeal is directed against the judgment and order dated 19-11-2009 passed by a Single Bench of th......such, he cannot be added as party, has no basis. On the other hand, the learned Advocate for the respondents herein submitted that since the applicant was minor at the relevant time his father cannot sell his property and, as such, he a necessary party in the suit and for proper adjudication the app..Category: Procedural Law | Date: 9 Apr, 2012 | Hits: 30
Majad Hossain and another Vs. State, 2012, 41 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......ioners Vs. The State…………………….. Respondents (In Criminal Petition No. 366 of 2010) Judgment April 8, 2012. Result: Both the petitions are dismissed. Case Referred to- Golam Sarwar Him Vs. State, 13 MLR (AD) 103 =14 BLC (AD) 26. Lawyers Involved: SK. Zulf......appreciate that the respective accused-petitioners took loan from the complainant-company by creating equitable mortgage in its favour and the complainant-company could realize every much the loan by selling the mortgaged property when the post-dated cheques were dishonoured, instead the complainant..Category: Banking Law | Date: 8 Apr, 2012 | Hits: 618
ABC Attire Ltd. Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... The order of stay granted earlier by the Court stands vacated. Communicate the Judgment to respondent No.10 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 399. ......er Vs. Bangladesh and others……………...Respondents Judgment April 4, 2012. Result: The rule as well as the supplementary rule is discharged. Cases Referred to- Talekhal Progressive Fisherman Co-operative Society Ltd. Vs. Bangladesh, 1981 BLD (AD) 103;......y the decretal dues, the Bank filed Title Execution Case No.160 of 2003 and the execution case was disposed of by issuing a certificate under section 33(5) of the Ain for khas possession and right to sell the mortgaged property in favour of the Bank on 24-2-2008. Thereafter the Bank filed Title Exec..Category: Civil Law | Date: 4 Apr, 2012 | Hits: 45
...., subscribed by the 13 shareholders.
3. The Company has purchased a denationalized and privatized industry namely Kuliarchar Ground Nut Mills Ltd. at a price of Taka 1, 0024, 000/-only, under an agreement dated 18.06.1987, executed by the Government and the Company. Thereafter, on 14.11.1994 a ......lam Chowdhury J
KM Kamrul Kader J
AHM Kamruzzaman Khan………………………….....Plaintiff-Appellant
Vs.
Register, Joint Stock Companies & Firms 24-25 Dilkusha C/A, Dhaka and other …................Defendant-Res......-elected twice as Managing Director of the company for a period of 5 (five) years each on 15.9.1999 and 30.10.2004 respectively. Next, on 30.5.2004, the defendant Nos.2-6 expressed their intension to sell their 600 shares at a price of Taka 1, 20,00000/- only and the plaintiff agreed to purchase the..
Category: Company Law | Date: 19 Mar, 2012 | Hits: 689
Md. Nurul Islam Khan and others Vs. Azizul Islam and others, 2012, 41 CLC (AD)
....suit property. In the absence of Rokeya Begum, the suit property was declared as abandoned but he failed to release the property from the list of abandoned property. Thereafter, she entered into an agreement for sale of the suit property with defendants and allowed them to continue therein. Her he......ocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For Respondent No.1 (In both the cases). For Respondent No.2-9 (In both the cases)—Not represented. Civil Petition for Leave to Appeal Nos.1023-24 of 2010 (From the judgment and order dated 25.8.2009 passed by the High C...... paper book out of court in accordance with rules. The order of stay granted earlier shall continue till disposal of the appeals. Ed. This Case is also Reported in: 9 ADC (2012) 635. ..Category: Procedural Law | Date: 19 Mar, 2012 | Hits: 119
Noor Jahan Begum Vs. Chairman, BSCIC and others, 2012, 41 CLC (HCD)
....intiff on the basis of allotment letter filed the suit. 7. Mr. Abu Taher Howlader, learned Advocate, appearing for the respondent No.1-3, on the other hand, submits that, since there is no lease agreement in between plaintiff and the defendants plaintiff has no locus standi to file the suit. Le...... The appeal is dismissed. Civil Rule No.1022 (F) of 2005 is discharged. The General Clauses Act, 1897; Section 27 If there be notice issued in registered post with acknowledgement due to the proper address of the addressee then it is deemed to be presumed that notice has been served&...... No.1022 (F) of 2005 is accordingly discharged. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 12. ..Category: Civil Law | Date: 12 Mar, 2012 | Hits: 10
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