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Titas Gas Transmission and Distribution Co. Ltd. Vs. Shams Company and others, 2001, 30 CLC (HCD)
....r: An order— i. superseding an arbitration; ii. on an award stated in the form of a special case; iii. modifying or correcting an award; iv. filing or refusing to file an arbitration agreement; v. staying or refusing to stay legal proceedings where there is an arbitration agreeme......ht and title of the plaintiff in the suit land; b. declaring the use and occupation of the suit land by defendant No. 1 is illegal, unauthorised and malafide. c. defendant No. 1 is not entitled to own the suit land under provisions of the Acquisition and Requisition of Immovable Property Act, ......unity of hearing to both parties and as soon as within six months, from the date of receipt of the records. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 128...Category: Property Law | Date: | Hits: 31
Ambia Khatun Vs. Bangladesh and others, 2009, 38 CLC (AD)
....ce in the submissions of the learned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 200. ......oynul Abedin J SAN Mominur Rahman J Ambia Khatun.............................Appellant Vs. Bangladesh and others.............Respondents Judgment August 10, 2009. Cases Referred to- Baldwin and Francis Ltd Vs. Parents Appeal Tribunal (1959) AC 663; Reg Vs. De Reuzen; Mostafa......rdinance, 1947. This Exhibit 5 dated 15-5-1963. Its serial No.9 shows consideration for which the property is intended to transfer. In this serial No. Rs 9000 only is written. If it was intended to sell at Rs. 9000 the sale deed would have contained the same consideration. On enquiry of the sale d..Category: Property Law | Date: | Hits: 30
Matasim Ali Chowdhury Vs. Md. Ismail, 2001, 30 CLC (HCD)
....a no question arises as to holding of Local Investigation on subject matter in GA. Learned Assistant Judge appears to have approached the controversy in right manner and right direction. I am in full agreement with the decision and reason recorded by learned Assistant Judge in rejecting plaintiff-pe......iff-petitioner in invoking this Court’s Civil Revisional Jurisdiction on laying petition under section 115 of the Code of Civil Procedure. 2. The fate of Civil Revision petition hinges on answer to the following two questions which are- (i) Whether Local Investigation under Order 26, rule 9 ......ule stands discharged. Order of stay recorded by this Court at the time of issuance of Rule dated 5-11-2000 stands vacated. No costs. Ed. This Case is also Reported in: 54 DLR (2002) 104. ..Category: Administrative Law | Date: | Hits: 236
Ratan Chandra Karmaker. Vs. Afsar Ali, 1987, 16 CLC (HCD)
.... apparent invalidity of the service by examining the process server at the trial to prove that the service under Order 5 of rule 17 C.P.C. was in accordance with law." 13. I am in respectful agreement with the above view which supports the view I have taken hereinbefore and find further t......iction) Present: Anwarul Hoque Chowdhury J Ratan Chandra Karmaker..........Petitioners Vs. Afsar Ali……………...Opposite Party Judgment August 18, 1987. Cases Referred to- Munshi Tamizuddin vs. Aftabuddin 20 DLR page 901; Tahrul Karim vs. Abdul Hashem, 30 DLR 8. ......end down the records to the court of Munsif at an early date. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 147...Category: Procedural Law | Date: | Hits: 66
Ekramaul Hoq, alias Tuku and Ors. Vs. State, 1987, 16 CLC (HCD)
....ular presiding judge in a particular court would not be counted but excluded from the count of working days for the purpose of trial of a case pending before that court. 23. We are in respectful agreement with the observation of their Lordships in the above cited cases namely the Rangpur case......alias Tuku and Ors..................Accused Petitioner Vs. The State.........................................................Opposite Party Judgement November 10, 1987. Cases Referred to- Nayan Vs. The State, 38 DLR at page 415; 1987 BLD at page 135. Lawyers Involved: M.A. W......n verbal information from lawyers. Send a copy of the judgment to the court below at an early date. D.M. Ansaruddin Ahmed J. - I agree. Ed This Case is also Reported in: 40 DLR (1988) 139...Category: Criminal Law | Date: | Hits: 30
Sonali Bank Vs. Rana Oil Mill and ors., 1999, 28 CLC (HCD)
....its. We have also heard the learned Advocates of both the parties at length. 6. The learned Advocate, Mr Mohammed Ali, appearing on behalf of the appellant, submits that, the plaintiff-bank has an agreement signed between them and the Bangladesh Bank in respect of disbursement of 3rd IDA credit a......reeing the suit in part for an amount of Taka 5,67,540.00. 2. The plaintiff, Sonali Bank, brought this suit for recovery of Taka 22, 85,314.30 against the defendants for the amount of loan granted to them with interest accrued thereon as on 26-5-90 on the facts, in short, that, the defendant No. ......0 is hereby set aside and the suit is also dismissed with costs of appeal and the suit. Send down the lower court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 130. ..Category: Civil Law | Date: | Hits: 85
Begum Khaleda Zia Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....man. Mr. Haque has argued also that the lease deed in question was executed and registered as per rule 26 of CLA Rules, 1937 and that this rule 26 does not postulate a condition that lease by private agreement must be for a reason involving public interest. The learned Advocate has argued that there......sdiction) Present: Nazmun Ara Sultana J Sheikh Hassan Arif J Begum Khaleda Zia...........Petitioner Vs. Government of Bangladesh and others .......... Respondents. Judgment October 13, 2010. Result: The rule is discharged. Cases Referred to- 50 DLR (AD) 27, Kastu......his day to the petitioner to vacate the house in question. Sheikh Hassan Arif J.- I agree. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 597, 63 DLR (2011) 385, 8LG (2011) HCD 189. ..Category: Property Law | Date: | Hits: 88
Canada Shipping and Trading SA Vs. TT Katikaayu and another, 2001, 30 CLC (HCD)
....The buyer and seller had previously agreed that the Agent for the vessel at Chittagong would be Simni Shipping Lines Ltd. The vessel duly arrived at Chittagong as per terms and conditions of the said agreement but the buyer did not give any notice to the seller as required under the agreement nor ha...... another for stay of proceeding of the suit in view of Arbitration clause in the Memorandum of Agreement dated 25th May, 2001 and for release of the vessel TT Kartikaayu by the defendants—are heard together for disposal. 2. The facts, in short, are that a Memorandum of Agreement was entered int......ated 25th May, 2001 and for release of the vessel TT Kartikaayu by the defendants—are heard together for disposal. 2. The facts, in short, are that a Memorandum of Agreement was entered into for selling the vessel TT Kartikaayu by the defendant to be scrapped at Chittagong and an advance of 10%..Category: Admiralty Law or Maritime Law | Date: | Hits: 184
....nstant case the respondent Howladar has been serving for a period of 18/19 years continuously without break and under such circumstances he cannot be treated to be a temporary worker. Further no such agreement has been produced by the petitioners to show that respondent Howladar's salary was debited......his Case is also Reported in: 46 DLR (1994) 143. ......ufficient materials and as such the decision does not call for any interference by this court.
In the result, the Rule stands discharged.
Ed.
This Case is also Reported in: 46 DLR (1994) 143. ..
Category: Labour and Industrial Law | Date: | Hits: 93
Khandaker Abul Bashar Vs. State, 2009, 38 CLC (AD)
....ney to the complainant, the question of civil liability does not arise. 4. Mr. Khurshid Alam Khan, the learned Advocate, appearing on behalf of the petitioner, submits that admittedly there was an agreement and also a part performance and since the petition of complaint does not reveal that there......d. Nurul Islam Chwodhury, Advocate-on-Record-For the Petitioner. Md. Aftab Hossain, Advocate-on-Record-For the Respondent No.2. Not represented-Respondent No.1. Criminal Petition for Leave to Appeal No. 58 of 2009. (From the Judgment and order dated 20.08.2008 passed by the High Court ......de of Criminal Procedure was rightly discharged by the High Court Division. Accordingly, this petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 404, 63 DLR (AD) (2011) 79. ..Category: Criminal Law | Date: | Hits: 43
Farzana Moazzem Vs. Securities and Exchange Commission and others, 2001, 30 CLC (HCD)
.... above terms without any order as to costs. Let copies of the judgment be expeditiously sent to respondents No.1 and 3 for necessary action. Ed. This Case is also Reported in: 54 DLR (2002)66.......t Petition No. 2884 of 2000. Judgment Md. Joynul Abedin J.- This Rule Nisi was issued under Article 102 of the Constitution of the Peoples Republic of Bangladesh calling upon respondent Nos. 1 to 5 to show cause as to why the impugned letter No. DSE-433/2000/403 dated 1-3-2000 issued by the r......to her stating that she had to borrow in the meanwhile a large amount from their bankers due to non-receipt of the payment of the sale proceeds of the aforesaid shares and they were also compelled to sell out their stock of shares at a very lower rate to meet payments due from them for subsequent pu..Category: Business or Commercial Law | Date: | Hits: 210
Mobasher Hossain (Md) and others Vs. Saidur Rahman (Pvt) Ltd. and others, 2002, 31 CLC (HCD)
....inated. 7. The plaintiffs filed the instant suit contending inter alia, that the plaintiff chartered three vessels, namely, MV Sharafuddin MV Hemayetuddin and MV Khaja Moinuddin in pursuance of an agreement entered on 6th December 2001 for a period of one year. The advance security deposits subm......or the Petitioner. Khan Saifur Rahman, Senior Advocate‑ For Respondent No. 1. Admiralty Suit No. 12 of 2001. Judgment A B M Khairul Haque J.- This is an application for an order of mandatory injunction, praying for recovery of possession of the vessel MV. Hemayetuddin M No. 6304 from t......he launch ghat at Gazaria where it was in the morning of 8th April, 2002 within seven days from date. There shall be no order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 51. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 188
Momena Begum Vs. Dhaka City Corporation and others, 2002, 31 CLC (HCD)
.... 4. As against that the plain case of the opposite parties in this Rule is that one Momena Begum, daughter of Abul Hossain of 115. Monipur, Dhaka was the original allottee of the shop in question, an agreement was executed between the Corporation and said Momena Begum and all payments in respect of ......Rafiqur Rahman with MA Baki, Advocates– For the Respondents. Civil Rule No. 576(R) of 1999 (Contempt). Judgment Syed Amirul Islam J.- This Rule was issued calling upon the opposite parties to show cause as to why a contempt proceeding should not be drawn of conviction and sentence dated 2......t on 21‑7‑1999 she through her attorney filed another application to the corporation stating that some corrupt officials in collusion with one Momena Begum, daughter of Abul Hossain are trying to sell the shop and mutate the name quickly. Therefore she prayed for refunding, the rent received fro..Category: Property Law | Date: | Hits: 34
Hilly Housing Co-operative Society Ltd. Vs. Akhtaruzzaman Chowdhury and ors., 2001, 30 CLC (HCD)
....e Society of the liquidator of a society” has reference to the normal functioning of the society itself and its relationship with the members of the society and the employees and office-bearers. An agreement for sale or purchase of property by or on behalf of the Society or questions of title and ......at sections 86 and 133 of the Co-operative Society Ordinance, 1984 (Ordinance No. 1 of 1985) are bar against the institution of the suit as the matters involved in the suit are compulsorily referable to the Registrar and the civil Court has no jurisdiction to try the disputes in question. 4. Mr. ......ll-reasoned and well-supported by the materials on record. We find no substance in the application. The application is rejected summarily. Ed. This Case is also Reported in: 54 DLR (2002) 46. ..Category: Civil Law | Date: | Hits: 70
Abdul Malek (Md) Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....N-27/FMC (Sherpur) 146 dated 13-21997 passed by the General Manager (Commercial) on behalf of the Managing Director, Jamuna Fertiliser Company Limited, Jamalpur (Annexure-D) cancelling dealership agreement of the petitioner with forfeiture of the security money. 2. Facts relevant for disp......he petitioner calls in question the legality of the order bearing Memo No. JFCI/BIPINON-27/FMC (Sherpur) 146 dated 13-21997 passed by the General Manager (Commercial) on behalf of the Managing Director, Jamuna Fertiliser Company Limited, Jamalpur (Annexure-D) cancelling dealership agreement of t......Bangladesh Chemical Industries Corporations (hereinafter referred to as BCIC). The petitioner deposited Taka 2(two) lac as security money in favour of BCIC Thereafter he was appointed as a dealer for selling the fertiliser of Jamuna Fertiliser Company Ltd. (shortly, the company) by an agreement date..Category: Civil Law | Date: | Hits: 74
Anwara Begum Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....Colony/Mirpur), Dhaka (Kha 36) measuring an area of 5 kathas of land along with pucca structures was given allotment to one Md. Younus Ali, son of late Md. Yusuf Ali of the same address by registered agreement dated 29-7-1963 followed by possession and thereby the said Md. Younus Ali became the owne......s—For the Petitioner, Md. Badruddoza, Advocate—For Respondent No. 1. Petition No. 6137 of 2001. Judgment Tariq-ul-Hakim J.- This Rule Nisi has been issued calling upon the respondents to show cause as to why the impugned decision dated 24-10-2001 (Annexure-F to the Writ Petition) pas......d Buildings as published in Ka list dated 28-4-1986 within 3(three) months from the date of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 251, 26 BLD (HCD) (2006) 123. ..Category: Property Law | Date: | Hits: 40
Abdul Karim and others Vs. Court of Settlement and others, 2007, 36 CLC (HCD)
....been paying taxes and other bills regularly; that while the petitioners were in ownership and possession of the case property the State Officer under the Ministry of Public Works entered into a lease agreement on 10-4-1974 with Abdul Halim, father of the petitioner, in respect of the case property f......se Referred To- Tarak Chandra Majhi vs. Atahar Ali Howlader, 8 BLC (AD) 67. Lawyers involved: MA Quddus Sheikh, Advocate—For the Petitioners. Karuna Moy Chakma, Deputy Attorney-General— For Respondent No. 2. Writ Petition No. 3976 of 2000. Judgment ......6 under Abandoned Buildings (Supplementary Provisions) Ordinance, Ordinance 54 of 1985 at page No. 9764 (17), Serial No. 42 (Annexure-I). Ed. This Case is also Reported in: 59 DLR (2007) 247...Category: Property Law | Date: | Hits: 33
Nazir Ahmed Vs. Md. Amin Mia and anothers, 2007, 36 CLC (HCD)
....Advocate appearing on behalf of convict-appellant-petitioner, submits that there is no ingredient of criminal breach of trust attracting sections 406/420 of the Penal Code and there is no written agreement between accused and informant regarding the business of importing powder milk and if the......esented —the State. Criminal Revision No. 351 of 2006. Judgment Md. Abdul Hye J.- This Rule under section 439 of the Code of Criminal Procedure was issued calling upon the opposite parties to show cause as to why the judgment and order dated 2-8-2005 passed by Metropolitan Additional Sess......once if he is not wanted in connection with any other case. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 245. ..Category: Criminal Law | Date: | Hits: 40
Syed Ziaul Hasan and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....ns GrameenPhone has thus acted in the affairs of the Government and, as such, GrameenPhone is required to ensure accountability, transparency and bona fide in performing such functions. The service agreement entered into by and between the subscribers including the petitioner and GrameenPhone in t......adesh Telecom (Pvt) Ltd. vs. Bangladesh T & T Board 48 DLR (AD) 20 . Lawyers involved: Md. Idrisur Rahman with Shamsul Haque, Advocates—For the Petitioners. AJ Mohammad Ali, Attorney-General with Nahid Mahtab, Assistant Attorney-General—For Respondent No. 3. Rafique-u......ate appearing for the petitioners, has contended that the respondent No. 6. Tele Talk Bangladesh Ltd, being a trading agent of the government and a licensee of BTTB, a statutory authority, offered to sell the SIM Cards to the applicants and others on the basis of lottery and the petitioners having a..Category: Fiscal/Taxation Law | Date: | Hits: 131
Abul Koyser Vs. Tobarak Ali and others, 2007, 36 CLC (HCD)
....ritten objections and denied the case of the preemptor. 7. Their common case is, that the vendor transferred the land to opposite party Nos. 2 to 4 by a deed of sale dated 7-10-95 with an oral agreement of reconveyance. Opposite party Nos. 2 and 3 through an attorney Shamsu Miah and opposite ......ed by a deed dated 7-10-95. 3. His case, in short, was that one Shudir Chandra Roy was recorded tenant in respect of the land of plot No. 1743 with an area 58 decimals. Of said land, the preemptor purchased 28 decimals along with 39 decimals of land of plot No. 1741 by registered Kabala being......e—For the Petitioner. Amirul Islam with Munshi Ahsan Kabir, Advocates— For the Opposite Parties. Civil Revision No. 1218 of 2005. Judgment Md. Abdur Rashid J.- Vendor (seller) obtained the Rule upon making a revision application under section 115(1) of the Code of Civ..Category: Property Law | Date: | Hits: 28
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