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....ation Clause 24.2 of the Contracts and relaying on the provisions of common Clauses 23 on Force Majeure or that of BCIC relying on the provisions in Clause 18 dealing with "Fault and Consequences" to claim its absolute right to cancel the Contracts and the forfeiture of all twelve performance bank g......t
Syed Refaat Ahmed J.- These are six Applications filed under Section 7 Ka of the Arbitration Act, 2001 (hereinafter referred to as 'the act") concurrent with all these Application being admitted for hearing and registered accordingly on 7-2-2007, except for Application No.08 of 2007 as was admi...... Orders previÂously made in each of these cases 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.
..
Category: Alternative Dispute Resolution | Date: | Hits: 589
Abdus Satter and others Vs. Abdun Noor and others, 1997, 26 CLC (HCD)
....posite parties filed the aforesaid pre‑emption case in the Court of the Munsif, Sadar, Sylhet seeking pre‑emption of the suit land measuring 0.05 decimal against the pre‑emptee opposite parties claiming themselves as the co‑sharer tenants of the holding by way of inheritance. The pre‑empte......cellaneous Case No.97 of 1980(pre‑emption case) by the Senior Assistant Judge, Sylhet. 2. The short fact leading to the issuance of the Rule is that, the pre‑emptor opposite parties filed the aforesaid pre‑emption case in the Court of the Munsif, Sadar, Sylhet seeking pre‑emption of the s...... a chance to amend their application under section 96 of the State Acquisition and Tenancy Act by adding left‑out necessary parties. Ed. This case is also Reported in:49 DLR (HCD) (1997) 414. ..Category: Property Law | Date: | Hits: 155
Abul Kashem Bhuiyan Vs. State, 1998, 27 CLC (HCD)
....tion 463 of the Penal Code which reads as follows: "Whoever makes any false document or part of a document, with intent to cause damage or injury, to the public or to any person, or to support any claim or title, or to cause any person to part with property, or to enter into any express or implie......Criminal Miscellaneous Case No. 2529 of 1997. Judgment Md. Nurul Islam J.- By this application under section 561A of the Code of Criminal Procedure accused petitioner Abul Kashem Bhuiyan sought for quashment of the order dated 19‑2‑97 passed by the learned Magistrate, 1st Class, Khagrachar......n the Court of Magistrate, 1st Class, Khagrachari Hill Tracts is hereby set aside and quashed. Send copy of the judgment immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 631. ..Category: Criminal Law | Date: | Hits: 89
Md. Muntasir Hossain MD., Unipay 2U (BD) Ltd. Vs. State and another, 2011, 40 CLC (HCD)
....jected. The order of stay granted earlier by this Court stands vacated. Communicate a copy of the order to the Court concerned. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 177. ......ion Act, 2009, now pending in the Court of Chief Metropolitan Magistrate, Dhaka. 2. It appears that Md. Taufiqul Islam, an Assistant Director of Anti-Corruption Commission, Head Office, Dhaka as informant, lodged a first information report against the accused persons under section 2(ট)(অ) and...... a first information report against the accused persons under section 2(ট)(অ) and 4(2) of the Money Laundering Prevention Act, 2009 alleging that the accused persons cheated the people to deposit money with them, promising the general public to give 32.5% of profit on deposited amount and the ac..Category: Criminal Law | Date: | Hits: 123
State Vs. Zakaria Kabiraj, 2012, 41 CLC (HCD)
....ibunal No.4, Dhaka (in short, the Tribunal) where the condemned prisoner Zakaria Kabiraj was invited to answer the charge under section 302/34 of the Penal Code to which he pleaded his not guilty and claimed to be tried. 6. The prosecution, in order to substantiate the charge examined 27 witnesse......J.- This Death Reference, under section 374 of the Code of Criminal Procedure (in short, the Code) has been submitted by the Bicharak (District and Sessions Judge), Druta Bichar Tribunal No.4, Dhaka, for confirmation of sentence of death, awarded by him upon accused Zakaria Kabiraj convicting him un......an of sound and rich economy and the condemned prisoner Zakaria Kabiraj being acquainted with the deceased could not check his temptation and before the date of occurrence the condemned prisoner took money from the deceased for purchasing some land at a lowest price but in fact no land was purchased..Category: Criminal Law | Date: | Hits: 147
Syeda Helali Begum and others Vs. Shanty Mary Cruez and others, 2008, 37 CLC (HCD)
.... IX Rule 13 of The Code was challenged in a Civil Revision Case. Rule issued therein was discharged. Plaintiffs as Appellants, then, approached before Appellate Division. Appellate Division held that claim putforth in application under Order IX Rule 13 of The Code that summons was not served was not......Rita Bimala Purification, predecessor-in-interest of First-Fourth-opposite parties as Plaintiffs on 7.4.1981 instituted a Suit being Title Suit No.434 of 1981 in the Court of Subordinate Judge, Dhaka for a decree of partition in respect of A and B property described in schedule to plaint impleading ......fact and circumstances of the case I direct the parties to bear their respective costs. Stay granted by this Court stands vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 360. ..Category: Procedural Law | Date: | Hits: 120
Md. Aftab Uddin Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)
....etary, and that the Respondent No.5, accepting the said Rules 1998, voluntarily opted for his absorption in the service under the said Legislative Drafting Wing without any reservation or putting any claim for promotion to the office of Secretary, and that by such option the Respondent No.5, though ......dated 21.11.2008. 3. We have perused the writ petition and the Affidavits-in-Opposition arid the Supplementary Affidavit. We have considered the submissions made by the learned Advocates appearing for the petitioner, the respondent No.5 as well as the learned Additional Attorney General and the l......na, Dhaka. Let a copy of this judgment and order be placed before the learned Chief Justice for his perusal and necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 105. ..Category: Constitutional Law | Date: | Hits: 361
Md. Abdur Rouf Vs. Bangladesh Agricultural Development Corporation and others, 2005, 34 CLC (HCD)
....st his seniority and as a result, his juniors were placed above him in the gradation list. Since the Appellate Division finds that the viva-voce examination was introduced illegally, the petitioner's claim to restoration of his seniority is unquestionable. 9. In the result, the Rule is made absol......he gradation list above respondent Nos. 8-15 (Annexure-O) and to comply with the direction/order dated 13.1.1991 of the Ministry of Agriculture (Annexure-I) and to consider the case of the petitioner for promotion to the post of Manager/Joint Director and pass such other or further order or orders. ......directed to follow the judgment of the Appellate Division referred to above if similar dispute arises. There is no order to costs. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 44. ..Category: Employment/Service Law | Date: | Hits: 144
Shamsul Haque Vs. Court of Settlement and others, 1996, 25 CLC (HCD)
....te notification dated 23rd June, 1986 within 60 days from the receipt of the copy of the Judgment. There will be no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 469. ......ted in list 'Ka' in the Gazette dated 23‑6‑1986 as abandoned property. 4. The further case of the petitioner is that, he filed Case No.526 of 1087 under section 7 of Ordinance No.LIV of 1985 before the Court of Settlement and respondent No.4 also filed Case No.525 of 1987 for release of the c......eaving behind wife respondent No.4. Bahar Ara and her two minor sons Zakir Hossin Rezvi and Iftekhar Rezvi. Respondent No.4 was appointed guardian on behalf of the minor sons on 27‑6‑1967. Salami money of the holding was paid by 1967 and Clearance Certificate was issued on 3‑5‑67. Respondent..Category: Property Law | Date: | Hits: 107
....ion of respondent No.1 the petitioners deposited the entire amount of Taka 77,875.00 in TR Form No.7 with Bangladesh Bank, Dhaka and obtained receipt thereof on 11‑1‑88.
6. In support of their claim for mutation, the petitioners submitted a succession certificate dated 16th May, 1977 which wa......years lease‑hold interest in respect of the commercial property situated at 156 and 157, Motijheel Commercil Area, P.S. Motijheel, Dhaka comprising 18 kathas of land by virtue of standard agreement for lease which was entered into in between the Government of erstwhile East Pakistan and the deceas......as of land by virtue of standard agreement for lease which was entered into in between the Government of erstwhile East Pakistan and the deceased Md. Serajuddin. Mr. Serajuddin paid the consideration money for the lease‑hold property amounting to Taka 1,14,966.00 and the deed of lease was accordin..
Category: Property Law | Date: | Hits: 119
Khadem Ali Akand (Md.) Vs. State, 1996, 25 CLC (HCD)
.... the time of trial charge under section 409 of the Penal Code read with section 5(2) of Act II of 1947 was framed against the accused‑appellant to which the accused appellant pleased not guilty and claimed to be tried. 4. The defence plea as it appears from the trend of cross examination of the...... 5(2) of Act 11 of 1947 convicting the accused appellant under section 409 of the Penal Code read with section 5(2) of Act II/1947 and sentencing the accused appellant to suffer rigorous imprisonment for 2(two) years and also to pay a fine of Taka 10,000.00 in default to suffer rigorous imprisonment...... Bus‑Owner Association took lease of Tangail Bus Terminal for the year 1985 from Tangail Zila Parishad having received takid over phone on 2‑4‑85 from the accused appellant for payment of lease money. The Secretary and Treasurer of the Bus Owners' Association prepared and issued Cheque No.3254..Category: Criminal Law | Date: | Hits: 88
Iftekhar Afzal and anothers Vs. Pubali Bank Limited and others, 1998, 27 CLC (HCD)
....994 the petitioner Iftekhar Afzal as plaintiff filed a suit being Title Suit No.144 of 1992 in the Court of 3rd Subordinate Judge, Dhaka against opposite party No.1 Pubali Bank Limited on 13‑6‑92 claiming compensation of Taka 31,32,150.00 and for a further declaration that the petitioner is not ......nal Kanti Biswas, Advocate - For the Opposite Party No.1 (In both the Civil Revisions). Mahmudul Islam with Nahid Mahtab and Ayesha Morshed, Advocates ‑ For the Petitioner. Md. Idrisur Rahman for Kazi Md. Nurul Amin, Advocate ‑ For the Opposite Party. Civil Revision No.3542 of 1994 with......t No.143 of 1992 that he was not liable to pay any amount to Pubali Bank Limited on account of the alleged outstanding dues against the said imported photographic films. 5. After the filing of the money suit by Pubali Bank Limited the petitioner filed an application in the Artha Rin Adalat for st..Category: Civil Law | Date: | Hits: 171
....visions of the said Agreements. The opposite party No.1 participated in the arbitration proÂceedings by appointing its own arbitrator. The International Court of Arbitration after considÂering the claim of the respective parties passed Awards in favour of the petitioner on 11.9.2000, 08.03.2002, ......-Opposite Party
Judgment
June 7, 2010.
Result:
The Rule is made absolute.
The Code of Civil Procedure, 1908 (Act No. V of 1908); Order XXI Rule 29
An application for staying the execution of a decree till disposal of the pending suit is only attracted when the s......ned District Judge, Dhaka is vacated.
Communicate this Judgment at once.
M. Moazzam Husain J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 284; 18 BLT (HCD) (2010) 261.
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Category: Civil Law | Date: | Hits: 178
Manik K Bhattacherjee Vs. Artha Rin Adalat and other, 2010, 39 CLC (HCD)
..... Meanwhile, the Bank filed Artha Rin Suit No.219 of 2006 on 22-10-2006 before the Artha Rin Adalat No.3, Dhaka (the Adalat) impleading, the petitioner, Gonophone and others as defendants of the suit claiming the petitioner as a director of Gonophone. The Managing Director of Gonophone appeared in t......estion the legality of the Order No.6 dated 11-5-2008 passed by the learned Judge of the Artha Rin Adalat No.3, Dhaka in Artha Jari Case No.34 of 2008 issuing warrant of arrest against the petitioner for the purpose of civil imprisonment. 2. Material facts necessary for disposal of the Rule, in b......(c) …………………… (d) …………………… (e) In such other manner as the nature of the relief granted may require; 20. Provided that, where the decree is for the payment of money, execution by detention in prison shall not be ordered unless, after giving the judgment-debto..Category: Civil Law | Date: | Hits: 154
Firoz (Md.) Vs. State, 2011, 40 CLC (HCD)
....liberty at once if not wanted in any other connection. Send down the L/C records along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 189. ......r dated 14-3-2007 passed by the Special Tribunal No.5. Chittagong convicting the appellant (sole accused) under section 19A and 19(f) of the Arms Act and sentencing him to suffer rigorousimprisonment for 10 years and 7 years respectively under those sections of law making the sentences to run concur......hat the accused entered into the dwelling hut of the informant despite her opposition. He then emerged a revolver, pointed at her and charged her saying: despite repeated requests why she did not pay money. He said he would kill them all this time. At an opportune moment she and her sister-in-law (s..Category: Criminal Law | Date: | Hits: 84
Tajul Islam and others Vs. Chini Miah and others, 2007, 36 CLC (HCD)
....ted 24.7.1956. Purchasers Abdul Mazid and Abdul Hakim, thereafter, got the sale deed dated 24.7.1956 rectified on 4.8.1973, Defendants, concealed the correction episode and on the basis of wrong deed claimed title on schedule property in the month of May, 1998. Plaintiffs, thus, has been constrained....... Plaintiffs and contesting Defendants and some of the heirs of contesting Defendants of Suit are Petitioners and Opposite Parties respectively in Civil Revision case. 3. Sketch of requisite datas forming backdrop of Civil Revision Petition may conveniently be presented tersely. 4. Petitioners....... Orders of stay and ad-interim injunction granted by this Court stand vacated. Records of Courts below be sent down immediately. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 1. ..Category: Procedural Law | Date: | Hits: 155
Islami Bank Bangladesh Ltd. & another Vs. Agrani Bank & others, 2010, 39 CLC (HCD)
....of 30-12-1990, 10-1-1991 and 15-4-1991 were addressed by the defendant stating its position about the address of the account-holder and the introducer. The plaintiff does not have any lawful right to claim the amount from the defendant as the defendant is not liable for the loss sustained by the pla......00 passed by the learned Subordinate Judge and Additional Artha Rin Adalat No.2 Dhaka, in Money Suit No.157 of 1999. 2. Facts leading to this appeal are that Agrani Bank brought a money suit for a decree of Tk. 9,59,400 against Islami Bank, on the allegation that the defendant's Islampur br......ted 30-7-2000 passed by the learned Subordinate Judge and Additional Artha Rin Adalat No.2 Dhaka, in Money Suit No.157 of 1999. 2. Facts leading to this appeal are that Agrani Bank brought a money suit for a decree of Tk. 9,59,400 against Islami Bank, on the allegation that the defendant's ..Category: Business or Commercial Law | Date: | Hits: 548
Atiqullah Pathan (Dhanu) Vs. State and another, 2010, 39 CLC (HCD)
....Mymensingh, the petitioner moved the application before this Court and obtained the Rule. 7. None appears on behalf of the petitioner, but the petitioner's case as it appears from petition is that claim of the complainant is false and concocted, that actually the accused petitioner after issuance......ding in the Court of the learned Assistant Sessions Judge, 2nd Court Mymensingh should not be quashed. 2. The opposite party No.2, Apu Mohammad Hossain on 30-3-2005 filed a petition of complaint before the Magistrate, first Class, Mymensingh bringing allegation against the accused petitioner unde......nd that thereafter the complainant on 04-03-2005 and 06-3-2005 sent two legal notices requesting the accused to repay the cheque amount within 15 days but the accused did not repay the said amount of money. Hence the case. 4. On 30-3-2005 the complainant opposite party No.2 was examined under sec..Category: Criminal Law | Date: | Hits: 84
Acqua Foods Limited and another Vs. Controller of Imports and Exports and others, 1997, 26 CLC (HCD)
.... a situation it was not possible to hold the joint survey of the goods with regard to the allegations. It is stated that the petitioners had no responsibility as to quality of the shrimp and that the claim of the buyers were motivated, baseless and made with ill intention to make unlawful gain. The ......ng of the Rule, respondent No.5 was directed to allow the petitioner to operate their bank account lying with the respondent No.5 subject to normal banking rules and regulations. 2. Facts relevant for the purpose of the present Rule are that, the petitioners have been doing their business of proc......Certificate of the Petitioners immediately. Considering the facts and circumstances of the case, there will be no order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 498. ..Category: Civil Law | Date: | Hits: 140
Motiur Rahman Bahadur Vs. Hemanta Kumar Shill, 2010, 39 CLC (HCD)
....1-1996 purporÂtedly transferring 0.60 acre land from the suit plots to defendant No.1, i.e., the appellant. 4. Plaintiff came to know about the sale on 14-3-1997 when the defendant No.1 expressly claimed title to the suit land. The plaintiff on search initially found out two deeds, took certifie......ini Shill, the limited heir now in possession. 3. After the death of Lalit Kumar Shill the plaintiff, Amulya and Kumudini jointly sold 0.211/2 acre land from the suit plots, collected money and performed various religious rituals, including, Shradhya ceremony, Brahmin-feast, Chandipath, offering ......eath of Kumudini Shill, the limited heir now in possession. 3. After the death of Lalit Kumar Shill the plaintiff, Amulya and Kumudini jointly sold 0.211/2 acre land from the suit plots, collected money and performed various religious rituals, including, Shradhya ceremony, Brahmin-feast, Chandipa..Category: Property Law | Date: | Hits: 107
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