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MN Alam Associated Ltd Vs. Chairman, Rajdani Unnayan Kartripakkhaya, 2012, 41 CLC (AD)
....the decision thereon, and the reasons for such decision. Section 17 of the Arbitration Act empowers the Court to pronounce judgment after the time for making an application to set aside the award has expired or such application having been made after refusing it. So pursuant to section 17 Court is r......no further extension of time would be allowed because of time limitation for disposal of the case as per law. The respondent did not appear on 27-8-1998 and the sole arbitrator then proceeded ex-parte and the hearing was concluded in presence of the appellant only and the sole arbitrator passed...... arbitration may proceed afresh in accordance with law. With the above observations and findings the appeal is disposed of. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 153. ..Category: Arbitration Law | Date: 24 Jan, 2012 | Hits: 7
Mrs. Jahanara Ahmed Vs. Arab Bangladesh Bank Ltd. and othÂers, 2011, 40 CLC (AD)
....rtha Rin Adalat No.2, Dhaka against the defendant Nos.1 to 5 for realization of outstanding loan. That suit was subsequently renumÂbered as Title Suit No.143 of 1998. The suit was ultimately decreed ex-parte vide judgment and decree dated 25.11.1998. Since the judgment debtor failed to pay the decr......a Rin Adalat No.2, Dhaka against the defendant Nos.1 to 5 for realization of outstanding loan. That suit was subsequently renumÂbered as Title Suit No.143 of 1998. The suit was ultimately decreed ex-parte vide judgment and decree dated 25.11.1998. Since the judgment debtor failed to pay the decreta......it before the court of law. Accordingly the petitioner institutÂed Title Suit No.87 of 2003 before the court of Joint District Judge, 3rd Court, Dhaka which was dismissed on 02.03.2005. Against this dismissal order the petitioner filed appeal which is still pending. Later there was an amicable setÂ..Category: Property Law | Date: 15 Dec, 2011 | Hits: 81
State Vs. Rustom & 2 others, 2011, 40 CLC (HCD)
....boration by independent and disinterested witness In a particular case all the eye witnesses may appear to be interested witnesses and bitter enmity between the victim and condemned prisoner may exist. But there must be corroboration by independent and disinterested witnesses........ (48) ......d against absconding convict Enamul. Let a copy of this judgment and order be communicated to the Court concerned at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 429. ......o ground for interference with the judgment and order of conviction and sentence of condemned-prisoners and the convict Enamul and with these words he canvases for the acceptance of the reference and dismissal of the appeals. 8. Mr. Khondker Gulzar Hossain along with Mrs. Khalifa Shamsun Nahar ..Category: Evidence Law | Date: 17 Nov, 2011 | Hits: 8
Md. Asgar Ali Vs. Md. Shahidul Islam P.K. and others, 2011, 40 CLC (AD)
....of the State Acquisition and Tenancy Act for pre-emption of the land transferred by registered kabala dated 27.02.1995 in favour of pre-emptee respondent Nos.1-4. The miscellaneous case was allowed ex-parte by order dated 03.03.1997. Respondent Nos.1 and 2 herein who were pre-emptee opposite par......the State Acquisition and Tenancy Act for pre-emption of the land transferred by registered kabala dated 27.02.1995 in favour of pre-emptee respondent Nos.1-4. The miscellaneous case was allowed ex-parte by order dated 03.03.1997. Respondent Nos.1 and 2 herein who were pre-emptee opposite partie......ove, we do not find any merit in the appeal and accordingly, the same is dismissed, however, without any order as to cost. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 39. ..Category: Procedural Law | Date: 15 Nov, 2011 | Hits: 7
Renuza Begum and others Vs. Md. Waziullah Mia and others, 2011, 40 CLC (AD)
....f arrear rents. According to the plaintiffs, the defendant Paresh filed a compromise petition on 7th June, 1971 with Hasan Ali Driver in the suit acknowlÂedging the previous contract and agreed to exeÂcute a sale deed. The suit was accordingly disÂmissed on the basis of compromise and thereaf......no subsisting interest in the suit property, the suit for specific performance is not maintainÂable against them. 3. The trial court decreed the suit against the contesting defendants and ex-parte against the defendant Paresh directing them to execute and register a sale deed. On appeal by......tract. There is no merit in these appeals. The appeals are, therefore, dismissed without, however, no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 201. ..Category: Contract Law | Date: 11 Oct, 2011 | Hits: 11
KM Alam & Co. and another Vs. People's Republic of Bangladesh, and others, 2011, 40 CLC (HCD)
.... Judgment Sheikh Hassan Arif J.- Rule was issued calling upon the respondents to show cause as to why the order as contained in Memo No.BTRC/LL/Operators Audit (371)72011-330 dated 26-5-2011 (Annexure-M) issued by the Bangladesh Telecommunication Regulatory Commission (BTRC) (respondent No.2) u......ecom operators in the last 3 (three) years, it is not a "person aggrieved' and, as such, writ is not maintainable. In support of his submission he refers to several decisions, namely Ex parte Sidebothans [1880] 14 ChD-458, Tariq Transport Vs. Sargodha Vera Bus Service, 11 DLR (SC) 140 ......countant Firms in strict compliance with the provisions of the Public Procurement Rules-2008 after cancelling the disputed one. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 221. ..Category: Civil Law, Constitutional Law | Date: 17 Aug, 2011 | Hits: 20
Abdul Aziz Vs. Most. Kutisona Bibi and others, 2011, 40 CLC (AD)
....dul Gafur, the predecessor-in-interest of the plaintiffs took pattan of the said four annas share of Khatian No.59 from the said landÂlords by a kabaliyat dated 05.08.1946 and possessed that land as exclusive owner. That the remaining 12 annas share of the said C.S. Khatian No.59 and the land of ot...... the light of observations made above. The impugned judgment is set aside. This civil petition for leave to appeal is thus disposed of. Ed. This Case is also Reported in: 9 ADC (2012) 190. ...... defendant Nos.1 and 2 by heba-bil-ewaj dated 24.03.1979. Thokabjan Bibi also gifted 84 decimals of land to them by deed of gift dated 17.12.1981. 5. The contesting defendants, however, prayed for dismissal of the suit. 6. The trial court decreed the suit allotting a separate saham for 4.96 ac..Category: Property Law | Date: 24 Jul, 2011 | Hits: 71
M/S. Hasan Vegetable Oil Mills Ltd. Vs. M. T. SCEPTRE, 2011, 40 CLC (HCD)
....lar Kakoli, 61 DLR 463 11 DLR 520; Dada Ltd. Vs. R.S.N. Company Ltd., 10 DLR 242; River Steam Navigation Co. Ltd.;India General Navigation; Rly Co. Ltd. Vs. Messers Dada Ltd.; Traders Vs. Bangladesh Textile Mills Corporation and others, 10 DLR 307 and PLD 1957 Karachi 315; Gladstone Wyllie and Co. L......he point of limitation, the shot is liable to be dismissed. The Court fee paid is sufficient. Hence, ordered. The suit be and hereby dismissed against the defendant Nos.1-5 on contest and ex parte against the non-contesting pro-forma defendants. However, there shall be no order as to costs....... as to costs. The Bank Guarantee submitted by the defendants earlier be returned immediately to the filing Advocate on behalf of the defendant Nos.1 and 3. Ed. This Case is also Reported in: ..Category: Admiralty Law or Maritime Law | Date: 17 Jul, 2011 | Hits: 61
Abul Bashar Vs. Abul Kashem and others, 2011, 40 CLC (HCD)
....a Khatun died leaving defendant Nos.1-8 as heirs, who confirmed the aforesaid agreement of their mother and also receiving of Taka 4,000 towards consideration money, gave undertaking on 10-5-1980 and executed instant kabala. Nurul Alam filed Other Class Suit No.13 of 1984 and obtained ex-parte decre......f their mother and also receiving of Taka 4,000 towards consideration money, gave undertaking on 10-5-1980 and executed instant kabala. Nurul Alam filed Other Class Suit No.13 of 1984 and obtained ex-parte decree and got kabala of 5 gandas of land through Court. But it is the case of plaintiff that ......rder without giving any unnecessary adjournment to the parties. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 199. ..Category: Civil Law | Date: 23 Jun, 2011 | Hits: 44
Sonali Bank Limited Vs. Abdul Malek and another, 2011, 40 CLC (HCD)
....an amount and accrued interest thereon. The respondent No.1 filed written stateÂment admitting that he took the loan of Tk. 3,94,000/- but denied the amount claimed by the Bank in the Money Suit. He expressed his intention to pay back the loan while explaining the reasons for his inability to pay t......e the ease was transferred to the Artha Rin Adalat and renumbered as Artha Rin Case No.123 of 1990. The respondent No.1, being absent when the matter was taken up for hearing, the suit was deereed ex-parte on 28.01.1991. The suit was decreed for the full claim with interest at the rate of 6% per anu......w that this Civil Petition for Leave to Appeal has no merit and is, accordingly dismissed, without, however, any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 649. ..Category: Banking Law | Date: 22 Jun, 2011 | Hits: 162
Sonali Bank Limited Vs. Abdul Malek and another, 2011, 40 CLC (HCD)
....an amount and accrued interest thereon. The respondent No.1 filed written stateÂment admitting that he took the loan of Tk. 3,94,000/- but denied the amount claimed by the Bank in the Money Suit. He expressed his intention to pay back the loan while explaining the reasons for his inability to pay t......e the ease was transferred to the Artha Rin Adalat and renumbered as Artha Rin Case No.123 of 1990. The respondent No.1, being absent when the matter was taken up for hearing, the suit was deereed ex-parte on 28.01.1991. The suit was decreed for the full claim with interest at the rate of 6% per anu......w that this Civil Petition for Leave to Appeal has no merit and is, accordingly dismissed, without, however, any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 649. ..Category: Banking Law | Date: 22 Jun, 2011 | Hits: 7
Iftekhar Uddin Ahmed Vs. Artha Rin Adalat and another, 2011, 40 CLC (HCD)
....the Artha Rin Adalat No.2, Dhaka (the Adalat in short) and renumbered as Money Suit No.26 of 1990. The defendant-petitioner did not receive any summon of the suit. Eventually, the suit was decreed ex parte by Judgment and decree dated 19-9-1991 (decree signed on 29-9-1991). The Judgment-debtors ...... Artha Rin Adalat No.2, Dhaka (the Adalat in short) and renumbered as Money Suit No.26 of 1990. The defendant-petitioner did not receive any summon of the suit. Eventually, the suit was decreed ex parte by Judgment and decree dated 19-9-1991 (decree signed on 29-9-1991). The Judgment-debtors ha......ions the Rule is disposed of. The order of stay stands vacated. Communicate the Judgment to respondent No.2 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 75. ..Category: Limitation Law | Date: 20 Jun, 2011 | Hits: 13
Md. Habibur Rahman Bhuiyan and others Vs. Mosammat Galman Begum and others, 2011, 40 CLC (AD)
....e Court reversed the observations of the trial Court on perusal of the interrogatories. Since there are conÂflicting findings on the point of defect of parties, the High Court Division ought to have examined the record and resolved the issue on perusal of the interrogatories parÂticularly the lowe......ate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record—For the Appellants. Kamal-ul-Alam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For Respondent No.1. Ex-parte- For Respondent Nos. 2(a)-3. Civil Appeal No.191 of 2005 (From the judgment and order d......ed by my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:9 ADC (2012) 575. ..Category: Property Law | Date: 15 Jun, 2011 | Hits: 169
Farzana Akter (Kakoli) Vs. Md. Kabir Hossain and others, 2011, 40 CLC (HCD)
.....2007 under the said sections of the Ain and discharged co-accused Riaz Uddin as there was nothing specifically mentioned against him in the petition of complaint. In course of trial, the prosecution examined two witnesses and filed an application for adjournment on 7.7.2008 in absence of any more w......learned Judge of the Tribunal is directed to proceed with the trial in the said Nari-o-shishu case in accordance with law. Borhanuddin J. - I agree. Ed. This Case is also Reported in: Â ......llate Division against the said order of rejection passed by the High Court Division. The Appellate Division considered the issue: under what circumstances a second complaint may be entertained after dismissal of a previous complaint and discharge of the accused by a Magistrate on acceptance of the ..Category: Women and Children | Date: 6 Jun, 2011 | Hits: 102
Md. Majedur Rahman Vs. State and another, 2011, 40 CLC (HCD)
.... abstained from making any proposal for 2-3 weeks. Again he started proposing as before and on 6.4.2006 at about 10.30 am she attended the Chamber of Headmaster (accused appellant) and she was given sexual offer and at one stage the accused caught hold her by the hands. She raised cry and hearing cr......d dated 22.4.2006. He submitted that the Tribunal erred in law in filing to take into consideration the evidence entirely. He further submitted that the prosecution at the time of adducing evidence departed far away from the FIR case and embelished the prosecution case by adducing evidence that the ......d that sole evidence of one eyewitness is enough for awarding conviction. He submitted that PW3’s evidence is very much vital evidence for upholding conviction. With these submissions he prayed for dismissal of the appeal. 14. The FIR has been marked as exhibit-1. It is mentioned in the FIR tha..Category: Women and Children | Date: 6 Jun, 2011 | Hits: 142
Manager, Rupali Bank Ltd. Vs. M/S New Music Corner and another, 2011, 40 CLC (HCD)
....othecation amount stood at Tk. 5,19,331/- and cash credit pledge amount stood at Tk. 11,88,665.30, in all the amount of loan stood at Tk. 17,07,996/-. The defendant No.1 did not take any advantage of exemption of loan as it was offered to him like other borrowers by the government. Since the loan am......t record. Send down the lower Court records along with a copy of this judgment immediately to the Court concerned. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ......acs. For this loss the bank was fully responsible. Since for the negligence of the plaintiff bank the defendant could not run his business, he could not repay the loan amount in time and he prays for dismissal of the case. Thereafter, the defendant No.1 filed an additional written statement by..Category: Banking Law | Date: 18 May, 2011 | Hits: 209
S.M. Humayun Kabir Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....ignation is accepted by the authority concerned subject to any law or rules so governing the terms and conditions of the service. Until the resignation is accepted the incumbent has the authority to express his willingness or desire to recall/withdraw the resignation letter filed earlier, but not...... have been passed without lawful authority and hence, is of no legal effect. There will be no order as to costs. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ...... Till his resignation is accepted, the employee continues to be in the employment of the employer and, if he absents himself from duty, he incurs a penalty prescribed for such default which may be dismissal in certain cases. A permanent Government servant, therefore, continues to remain in servi..Category: Employment/Service Law | Date: 15 May, 2011 | Hits: 22
Syed Moazzem Hossain (Md.) Vs. Tahsia Khanam and others, 2011, 40 CLC (HCD)
....................Respondents Judgment May 8, 2011. Result: The appeal is allowed. share "Share" means a share in the capital of the company, and includes stock except when a distinction between stock and shares is expressed or implied. So, share is a movable p......aside. The suit is dismissed, however without any Order as to costs. Send down the records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 11. ......r of the suit. It is absurd to believe that a person purchasing share in 1994 would not come before the Court for registering his name in the Share Register Book. With these submissions he prayed for dismissal of the appeal. Dr. M Zahir failed to make any submission upon the question of limitation. ..Category: Company Law, Procedural Law | Date: 8 May, 2011 | Hits: 9
Kyung Hae Maritime Co. Ltd. and others Vs. M.V. BF Glory and others, 2011, 40 CLC (HCD)
....esented in Bangladesh by: Interport Maritime Limited HBFC Building (5th Floor) 1/D, Agrabad Commercial Area Chittagong, Bangladesh………………………....Plaintiff Vs. M.V. BF Glory (ex: MV KUNAI); represented in Bangladesh by her local agents: Maritimes Transport System Co. Monzoor......ocal agent of the Charterer and parties Interested in the vessel M/S. Mariners Transport System company Limited has been served with notice of the suit duly. Therefore all the suits have proceeded ex parte against the aforesaid defendants. The exhibited documents in the aforesaid suit, the corrobora......be directed against the lease user M/S. Kisco Shipping Lines Limited the defendant No. 2 in Admiralty Suit No. 19 of 2009 in personeme. 60. The learned Advocate Mr. AKM. Fakrul Islam prayed for dismissal of the instant suit against the defendant Nos.1 and 3 being the vessel and the owner of th..Category: Admiralty Law or Maritime Law | Date: 4 May, 2011 | Hits: 70
M/S. Ace Traders Vs. M. V. DIJENDRALAL and Others, 2011, 40 CLC (HCD)
....t the defendant Nos. 2-6 jointly and severally with interest at the rate of 18% per annum. The suit has been contested only by the defendant No. 4, the People’s Insurance Company Ltd. and proceeded ex parte against the other defendant sand now the same is being disposed off by this judgment. 2.......he defendant Nos. 2-6 jointly and severally with interest at the rate of 18% per annum. The suit has been contested only by the defendant No. 4, the People’s Insurance Company Ltd. and proceeded ex parte against the other defendant sand now the same is being disposed off by this judgment. 2. Th......es Insurance Company Limited on contest and also against the defendant Nos.1, 2, 3, 5, 7, 9 and 10 ex parte. However, there shall be no order as to costs. Ed. This Case is also Reported in: ..Category: Admiralty Law or Maritime Law | Date: 27 Apr, 2011 | Hits: 64
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