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Shahidur Rahman Khadem Vs. State and others, 2012, 41 CLC (AD)
....1881. The particulars of acts for which he was found guilty was that the convict-petitioner offered for sale of a flat at Gulshan, Dhaka at Tk. 60,00,000 to the complainant and accordingly, a deed of agreement was executed between them and he received Tk. 60,00,000. The petitioner failed to hand ove......llip;………………….......Respondent (In at the cases) Judgment March 12, 2012. Result: The petitions are disposed of. Case Referred to- Ramashraya Chakrabarty Vs. State of MP AIR 1976 SC 392. Lawyers Involved: Chowdhu...... appeal below. These petitions are disposed of with the above observations and reduction of the sentences of fine as above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 103. ..Category: Criminal Law | Date: 12 Mar, 2012 | Hits: 122
Chittagong Steel Mills Ltd. Vs. TM Syndicate & others, 2012, 41 CLC (HCD)
....aforesaid 3 categories mentioned in section 30 of the Arbitration Act. 9. To dispose of this rule section 33 of the Arbitration Act required to be consider which is as follows: "33. Arbitration agreement or award to be contested by application- Any party to an arbitration agreement or any pers......ndicate & others..........................Opposite Parties Judgment March 4, 2012. Result: The rule is discharged. Arbitration Act being a special act, 30 days provision is mandatory not directory. Any appeal or objection challenging the award if filed after the period of 30 da......btor-petitioner we find rule is incompetent. We find no substance in this rule. In the result, this rule is discharged. No costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 350. ..Category: Alternative Dispute Resolution | Date: 4 Mar, 2012 | Hits: 316
Rahima Khatun and another Vs. Sufia Begum and others, 2012, 41 CLC (HCD)
....t: The rule is made absolute. As per section 54 of Transfer of Property Act sale is a transfer of ownership i.e. actual sale and actual sale means transfer by registered document and unless agreement/bainama converted to a registered sale deed it merely an agreement binding the parties to ......olute. As per section 54 of Transfer of Property Act sale is a transfer of ownership i.e. actual sale and actual sale means transfer by registered document and unless agreement/bainama converted to a registered sale deed it merely an agreement binding the parties to the agreement, not a transfe......t No.2. Before the aforementioned exchange deed, with the intervention of defendant No.3 heba-bil-ewaz deed was made in favour of defendant No.1 by defendant No.2. Defendant No.3 took Taka 43,000 for selling 80 decimals of land to Tasiruddin and started dilly-dally and sold the said land to a differ..Category: Property Law | Date: 23 Feb, 2012 | Hits: 6
Dream Land Properties Ltd. Vs. Hazi Abdul Wazed and others, 2012, 41 CLC (AD)
....ision may obtain such opinion for the purpose of effectually and completely adjudicate upon and settle all questions involved in the suit. It can send the disputed signatures appearing in the deed of agreement with the admitted signatures of the defendant for comparison by a handwriting expert if th......Court all or any of the powers conferred on a trial Court. The powers of the High Court Division sitting on appeal under section 107 are the same as that of the trial Court. This power has been given to the appellate Court with a view to minimize the harassment of the parties to the litigation and......is remanded to the High Court Division for disposal of the appeal on merit. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 67. ..Category: Procedural Law | Date: 19 Feb, 2012 | Hits: 147
.... Naveed Textile Mills Ltd. Vs. Assistant Collector (Appraising) Custom House, Karachi and others, PLD 1985 SC 92, it has been held as under:
“We have heard the learned Counsel at length. We are in agreement with him that the ordinary function of an explanation is to clarify, to facilitate the pro......rdingly the appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 64 DLR (AD) (2012) 65; 32 BLD (AD) (2012) 127; 9 ADC (2012) 489.
......dgment
February 14, 2012.
Result:
The appeal is dismissed.
Cases Referred to-
Dipak Chandra Ruhidas Vs. Chandan Kumar Sarker, AIR 2003 SC 3701, Coventry and Solihull Waste Disposal Co Ltd V. Russell (Valuation Officer)[2000]1 All ER, 97, Re Nanaimo Community Hotel Ltd [1944]4 DLR 638, Johnson ..
Category: Election Law | Date: 14 Feb, 2012 | Hits: 262
.... and pays VAT, he has to deduct it after addition of VAT and not before addition. .......(39)
Constitution of Bangladesh, 1972
Article 102
Maintainability of writ
The agreement between the parties having already merged licences issued by the BTRC, the agreement in qu......iginal Jurisdiction)
Present:
Farid Ahmed J
Sheikh Hassan Arif J
Grameen Phone Ltd...............................Petitioner
Vs.
Bangladesh Telecommunication Regulatory Commission (BTRC) and others……...............Respondents
Judgment
...... get the same credited or adjusted from the final VAT paid by the consumer. So, the ultimate burden is on the consumer..........(37)
Section 3(3) (গ)
VAT is collected and deposited by the seller or service provider or facility provider upon collecting the same from the purchaser or servi..
Category: Fiscal/Taxation Law, Information Technology Law | Date: 13 Feb, 2012 | Hits: 15
....the petition and stating that the petitioner has no right to file the application and to obtain the relief sought therein prior to enactment of the Trade Mark Act 2009 read with the Provisions of the agreement on Trade Related aspect of Intellectual Property Rights (TRIPS) under the World Trade Orga......me "FROOTI", in accordance with law.
However, there shall be no order as to costs.
Ed.
This Case is also Reported in: 17 BLC (HCD) (2012) 730.
......hrough Newspapers and various TV channels, several Bangladeshi traders made small imports from the respondent No.1 its branded fruit juice item bearing Trade mark "FROOTI", in Bangladesh some of such sellers in Bangladesh made publicity in the local dailies one of such importer is M/s Rana Fruits &a..
Category: Intellectual Property Law | Date: 12 Feb, 2012 | Hits: 91
Dr. Khalekuzzaman Vs. State and another, 2012, 41 CLC (HCD)
.... law. Prima facie case against the accused persons is there on records. It is, therefore, not the stage to interfere with the proceedings pending before the subordinate court. 18. We are in full agreement with the submissions as made by the learned Deputy Attorney General who has rightly pointe......discloses a prima-facie case against the petitioner, no application under section 561A of the Code of Criminal procedure is at all maintainable...............................(17) Cases Referred to- Abdul Quadir Vs. State, 28 DLR (AD) 38; Faruk Ahmed Vs. Abdul Kader Chowdhury, 38 DLR (AD) ......in four months from the date of receipt of this order. Communicate a copy of the judgment at once. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 541; 18 BLC (HCD) (2013) 40. ..Category: Criminal Law | Date: 26 Jan, 2012 | Hits: 11
MN Alam Associated Ltd Vs. Chairman, Rajdani Unnayan Kartripakkhaya, 2012, 41 CLC (AD)
....shy;ing necessary fund. The respondent in order to maintain the speed in the work made payment of Taka 7, 00,000 (seven lakh) only as advance against consultant's fees pending execution of formal agreement between the parties. The appellant completed the work and submitted the draft final plans ......f all Courts shall contain a concise statement of the case, the points for determination, 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...... 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
Atif Atiq (Md.) and another Vs. Nurun Nahar Begum and others, 2012, 41 CLC (AD)
....rigadier General M. Atiqur Rahman (since dead), father of the present petitioners was impleaded as defendant No.3. 3. In the plaint, it was stated, inter alia, that the plaintiff entered into an agreement with defendant No.2 to purchase a flat being No.2/A, Tulip DOHS, Street No.6/B (Banani) wi......Mahmudul Islam, Senior Advocate instructed by Syed Mahbuar Rahman, Advocate-on-Record—For Respondent No.1. None represented—For Respondent Nos.2-10. Civil Petition for Leave to Appeal No. 530 of 2011. (From the judgment and order dated the 8th day of June, 2010 passed ......f taka 8, 00,000 (eight lac) to defendant No.2 in 6(six) installments from 1-5-2000 to 2-6-2001. The plaintiff found the flat small in size in comparison with her need. So, defendant No.2 proposed to sell flat No.4/B of the project, 'Primrose' at plot No.11 of Street No.4 of DOHS, Banani at taka 30,..Category: Property Law | Date: 22 Jan, 2012 | Hits: 87
Sree Prodip Barua alias Bappi Vs. Faisal Madani and another, 2012, 41 CLC (AD)
...., from the above discussion it is evident that there is no merit in this civil petition for leave to appeal and hence it is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 231. ...... Abdul Wadud Bhuiyan, Senior Advocate, instructed by Giasuddin Ahmed, Advocate-on-Record—For Respondent No.1. Respondent No.2—Not represented. Civil Petition for Leave to Appeal No.1569 of 2011. (From the judgment and decree dated 24.02.2011 passed by the High Co...... the suit land fell in the saham of Prodip Barua @ Bappi the principal defendant. That Prodip Barua @ Bappi while was in possession of the suit land entered into a contract with the plaintiff to sell the suit land to him at a consideration of Tk.24,00,000/- and on receipt of Tk.10,00,000/-..Category: Civil Law | Date: 15 Jan, 2012 | Hits: 118
Dr. Anowar Hossain Vs. Reya Builders and Engi¬neers Ltd, 2012, 41 CLC (HCD)
....s manifest that the application for addition of patty by the 2nd party to implead the 3rd party in the proceedings does not come within the ambit of law. Therefore, as to whether any signatory of the agreement is a necessary or proper party in the proceedings does not call for to decide at all. ......y;neers Ltd................Respondent Judgment January 12, 2012. Result: The Appeal is allowed. Arbitration Act, 2001; Section 7A and 21 Whether any Signatory of the Agreement is a Necessary or Proper Party in the Proceedings- After appreciating the......of accordingly. The order of stay granted earlier at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 152 ..Category: Arbitration Law | Date: 12 Jan, 2012 | Hits: 7
Millennium Holdings Limited Vs. Hilton International Co., 2012, 41 CLC (HCD)
....h the petitioner Millennium Holdings Limited prayed for issuing notice to the respondents to show cause as to why the respondents shall not be restrained by an order from entering into any management agreement or any other similar arrangement with any third party other than the petitioner for operat......under Section 7(a) of the Arbitration Act, 2001 is rejected. However, there shall be no order as to costs. Ed. This Case is also Reported in: ...... interim order dated 24.8.2011 and the petition under Section 7(a) of the Arbitration Act, 2001 is rejected. However, there shall be no order as to costs. Ed. This Case is also Reported in: ..Category: Arbitration Law | Date: 10 Jan, 2012 | Hits: 45
Mohammad Ali Vs. State and another, 2010, 39 CLC (HCD)
....re must be an existence of a 3rd person to whom cheque is to be issued for encashment where it is to bounced for insufficient fund or it exceeds the amount arranged to be paid from that account by an agreement made with that Bank; but in the instant case there is no such person as drawee who has bee......ut it does not lose its character as negotiable instrument as defined in section 13 of the Act.………….(10) Interpretation of Statute The principal object of interpretation is not only to find out a particular meaning of a word or words in a statute, but to find out the intention of......ed with all the Criminal Miscellaneous Case mentioned above and sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 428. ..Category: Banking Law | Date: 10 Jan, 2012 | Hits: 452
Mahua Khair Vs. Amena Begum Ali Ispahani, 2012, 41 CLC (AD)
....cerning land situated at Plot No.6, Block No. NW (A), Road No.69, Gulshan Model Town, Dhaka. Title Suit No. 3 was filed by the owner of the property seeking a declaration that the cancellation of the agreement of sale is valid and binding, whereas Title Suit No. 4 was filed by the Purchaser for spec......ppeals) Vs. Amena Begum Ali Ispahani…………….....Respondent (In both the appeals) Judgment January 10, 2012. Result: The appeals are allowed. Cases Referred to- 5 BLD (AD) 51;Civil Petition for Leave to Appeal No.360 of 2000;Manjunath Anandappa Urf Shi......by the Purchaser and shall be stamped for execution only after it is approved by the Vendor”. 4. The Vendor, being an Iranian national, obtained permission from Bangladesh Bank on 09.02.86 to sell the property. According to the Vendor, the Purchaser was in possession of the property since 19..Category: Contract Law | Date: 10 Jan, 2012 | Hits: 1077
Somed Ali Vs. State, 2011, 40 CLC (AD)
....death is commuted to imprisonment for life. The jail authority is directed to remove the petitioner from the condemn cell immediately. Ed. This Case is also Reported in: 9 ADC (2012) 712. ...... Judgment December 15, 2011. Result: The appeal is dismissed. Lawyers Involved: Md. Helal Uddin Mollah, Advocate—For the Petitioners. Zahirul Haque Zohir, Deputy Attorney General—For the Respondent. Jail Petition No.11 of 2007. (From the judgment and ...... the date of occurrence. At the time of marriage 2 tolas gold were given to his daughter and cash of taka 8,000.00 was given to the petitioner. 6/7 months after the marriage, the petitioner wanted to sell the gold ornaments of Anguri Khatun but she opposed. Over the said matter, the petitioner assau..Category: Criminal Law | Date: 15 Dec, 2011 | Hits: 27
Bangladesh Jute Mills Corporation Vs. Md. Mahbubur Rahman and another, 2011, 40 CLC (AD)
....MC to the disinvested Jute Mills in compliance with the provision of law, namely, article 4 (5) of the Bangladesh Industrial Enterprise (Nationalization) Order, 1972 read with paragraph 23 of the agreement between the Government and the disinvested Jute Mills and, as such, his transfer was neith...... Result: The appeal is allowed. When someone resigns from his service factually and legally, he can not make any prayer for reinstating him.......................(16) Cases Referred to- Chairman Petro-Bangla Vs. AKM Fazlul Karim, 15 BLD (AD) 114. Lawyers Involved: To......e appeal. Accordingly, the appeal is allowed without any order as to cost. The impugned judgment and order is set-aside. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 6. ..Category: Employment/Service Law | Date: 13 Dec, 2011 | Hits: 152
Husne Ara Begum and another Vs. Saiful Alam (Md.) and others, 2011, 40 CLC (HCD)
.... a contract cannot be converted to a suit for a declaration of title. Learned Advocate further submits that, in the instant suit, plaintiff opposite party prayed for decree to the effect that whether agreement or baina is genuine or not and that can be done only against his vendor, not against the p......cedure that 3rd party petitioner claimed the suit land on the basis of prior heba-bil-ewaj deed and also by purchase from defendant No.1 and title and possession having been transferred and delivered to the applicant, as such, if any decree be passed against title and possession less defendant ......ordingly. The learned Judge is directed to proceed with suit in accordance with law. Communicate this order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 34. ..Category: Civil Law, Procedural Law | Date: 1 Dec, 2011 | Hits: 4
Nazir Ahmed and others Vs. Fajal Ahmed & others, 2011, 40 CLC (HCD)
....l bear their respective costs. Send down the lower Court records with a copy of the judgment to the trial Court forthwith. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 260. ......se possession neither pleaded nor any evidence lent Adverse possession was neither pleaded nor any evidence was lent by the plaintiffs, findings arrived at by the trial court is no doubt a gratuitous one which is not at all sustainable in law. Plaintiff is to prove his case The case ......le, possession and interest in respect of their alleged purchased land. The defendant Nos.1 and 2 are residents of London, therefore, they appointed one Manik Miah as their attorney empowering him to sell the suit land. The answering defendant Nos.4-6 purchased the suit land from appointed attorney ..Category: Civil Law | Date: 23 Nov, 2011 | Hits: 7
Jamuna Television Ltd. and another Vs. Government of Bangladesh & others, 2011, 40 CLC (AD)
.... BID (AD) 91 applied the doctrine of promissory estoppel having binding effect on the repre-sentee with the following observation: "In the instant case the Government took the decision on agreement to release the Mill in question. Lack of power on the part of the Government so to do is ....... Result: The appeal is allowed-in-part. Words and phrases Complete justice The term "complete justice" cannot be defined and it has no definite meaning; any attempt to define it would defeat the very purpose of such power. The expression 'complete justice' conta......ion without having obtained requisite licences and NOC in accordance with law from the concerned Ministries and authorities. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 253. ..Category: Information Technology Law | Date: 16 Nov, 2011 | Hits: 18
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