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Kalim Ullah (Md.) and others Vs. Fariduddin Ahmed, 2012, 41 CLC (AD)
.... remaining six shall be from among the prominent, respectable and benevolent citizens of Muslim community. Section 32 authorizes the Administrator of Waqfs to remove the mutawalli in cases covered by clauses I-IV of sub-section (1). Sub-section (4) of section 32 authorizes the Administrator to appoi..Category: Trust/Waqf Law | Date: 1 Feb, 2012 | Hits: 10
MN Alam Associated Ltd Vs. Chairman, Rajdani Unnayan Kartripakkhaya, 2012, 41 CLC (AD)
....aim to RAJUK vide Memo dated 8-9-1997 with a request to make payment of the amount under the claim; otherwise the appellant would be constrained to refer the matter to arbitration as per provision of clause 12 of the contract. But the respondent did not reply and, as such, the appellant as per claus..Category: Arbitration Law | Date: 24 Jan, 2012 | Hits: 7
Atif Atiq (Md.) and another Vs. Nurun Nahar Begum and others, 2012, 41 CLC (AD)
....and 16-8-2004, the last one having been styled as 'supplementary deed of agreement' and in the last deed the parties made an amicable partition of the flats to be constructed on the suit land; as per clause 11 of the supplementary deed of agreement the suit flat fell in the share of the developer wh..Category: Property Law | Date: 22 Jan, 2012 | Hits: 87
Dr. Anowar Hossain Vs. Reya Builders and Engi¬neers Ltd, 2012, 41 CLC (HCD)
....tion Miscellaneous Case No. 860 of 2008 against the sole respondent for appointment of Arbitrator claiming proportionate share of commercial/residential portion, parking place and compensation as per clause 16 of the Agreement dated 21-7-2000. The learned District Judge after hearing the parties all..Category: Arbitration Law | Date: 12 Jan, 2012 | Hits: 7
Millennium Holdings Limited Vs. Hilton International Co., 2012, 41 CLC (HCD)
.... for establishing the “Hilton” branded hotel in Dhaka they will consider to contract the petitioner further. 10. It appears that the respondents correctly opted for exercising the termination clause as provided in Article 12(A) (12(B) of the management agreement which provided for cancellati..Category: Arbitration Law | Date: 10 Jan, 2012 | Hits: 45
Mohammad Ali Vs. State and another, 2010, 39 CLC (HCD)
.... mentioned in the cheque has been properly described. The provision laid down in section 123(2)(a) cannot be read or taken into consideration in an isolated manner rather the provision laid down in clause (b) is to be taken into consideration for the purpose of collection of money mentioned in..Category: Banking Law | Date: 10 Jan, 2012 | Hits: 452
Mahua Khair Vs. Amena Begum Ali Ispahani, 2012, 41 CLC (AD)
....2, 50,000/- (Taka forty-two lacs fifty thousand). The initial down payment of Tk. 20,00,000/- (Taka twenty lacs) was paid at the time of execution of the deed of agreement for sale. The relevant clauses of the Agreement for Sale of the Immovable property dated 20.12.1986 may be reproduced below..Category: Contract Law | Date: 10 Jan, 2012 | Hits: 1077
Category: Anti-Corruption Laws | Date: 14 Dec, 2011 | Hits: 96
Government of Bangladesh and others Vs. Saleha Akter, 2011, 40 CLC (AD)
....nt and that of joining report does not appear to be identical. Thereafter, respondent No.5 issued a letter to respondent No.4 asking him to submit a specific decision in the light of the provision of clause 12 of the instructions for appointment. The respondent No.4 then recommended to cancel the ap..Category: Employment/Service Law | Date: 8 Dec, 2011 | Hits: 204
Jamuna Television Ltd. and another Vs. Government of Bangladesh & others, 2011, 40 CLC (AD)
....regular broadcasting/transmission. The appellant-company vide letter dated 15-11-2009 also requested the BTRC to accord licence for frequency and for purchasing equipments and machineries as per clause (ছ) of the NOC dated 20-11-2008. When the appellant-company was expecting that licence for..Category: Information Technology Law | Date: 16 Nov, 2011 | Hits: 18
Md. Asgar Ali Vs. Md. Shahidul Islam P.K. and others, 2011, 40 CLC (AD)
....ndant/opposite party, as the case may be, the onus is upon the plaintiff/petitioner that the summons of the suit or the case was served upon the defendant/opposite party. In such cases, the second clause of Order IX, 5 rule 13 of the Code "or that he was prevented by any sufficient cause from ap..Category: Procedural Law | Date: 15 Nov, 2011 | Hits: 7
Raj Kumar Khetan Vs. Mercantile Bank Ltd. and another, 2011, 40 CLC (HCD)
....int, in writing, made by the payee or, as the case may be, the holder in due course of the cheque; (b) Such complaint is made within one month of the date on which the cause of action arises under clause (c) of the proviso to section 138. (c) No Court inferior to that of a Court of Sessions sh..Category: Banking Law | Date: 24 Aug, 2011 | Hits: 237
KM Alam & Co. and another Vs. People's Republic of Bangladesh, and others, 2011, 40 CLC (HCD)
....qualification in clear violation of the terms of the tender notice. Further, just because the petitioner firm will not be able to participate in the fresh tender, because of the said disqualification clause in the tender notice, it should not be disentitled to challenge the irregularity/illegality a..Category: Civil Law, Constitutional Law | Date: 17 Aug, 2011 | Hits: 20
Tae Hung Packaging (BD) Limited and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... relating to the enforcement of fundamental rights as well as ordinary legal rights. 16. Mr. M Amir-ul-Islam contends that the appellants in fact have invoked their fundamental rights under clause (1) of Article 102 read with Article 109 of the Constitution. I would deal with the point wi..Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39
M/S. Hasan Vegetable Oil Mills Ltd. Vs. M. T. SCEPTRE, 2011, 40 CLC (HCD)
.... at that place (or at the option of the Carrier, at the port of destination) according to that law to the exclusion of the jurisdiction of the Courts of any other country.” From the jurisdiction clause in the bills of lading it is clear that the contract would be governed by the law of the plac..Category: Admiralty Law or Maritime Law | Date: 17 Jul, 2011 | Hits: 61
Kaisar-uz-zaman Vs. State and others, 2011, 40 CLC (HCD)
....d by the police, that there are materials which warrant prosecution of the accused, the Magistrate may take cognizance of the offence on that report and this cognizance must be taken treated as under clause (b) of section 190 (1) of the Criminal Procedure Code." 13. Section 6 (1) of the Ac..Category: Anti-Corruption Laws | Date: 14 Jul, 2011 | Hits: 43
Md. Habibur Rahman Bhuiyan and others Vs. Mosammat Galman Begum and others, 2011, 40 CLC (AD)
.... misreading or non-consideration of material evidence in arriving at such finding. 14. Similarly Article 103 does not give a right to a party to appeal to this Division except in cases provided in clause (2) to Article 103. Normally this Division grants leave against a judgment, decree or sente..Category: Property Law | Date: 15 Jun, 2011 | Hits: 169
Md. Arif-Uz-Zaman Vs. State and another, 2011, 40 CLC (AD)
....son from out of that account. Legislature very well knew about section 123A of the Act. Had it been the intention of the legislature to exclude a crossed cheque “account payee” as used in clause (a) of sub-section (2) of section 123A from the mischief of sections 138 and 141 of the Act, ..Category: Banking Law | Date: 9 Jun, 2011 | Hits: 196
Bangladesh Tobacco Company Limited Vs. Ashoke Kumar Das & others, 2011, 40 CLC (HCD)
.... to withdraw his suit with liberty to file a fresh suit. In the case of Balide Kamayya Vs. Pragada Papayya AIR 1918 Mad 1287 it is held that the expression 'other sufficient grounds' occurring in clause (b) of Order XXIII, rule 1(2) CPC is not necessary restricted to defects of a formal chara..Category: Procedural Law | Date: 2 Jun, 2011 | Hits: 6
BGP Inc., China National Petroleum Corporation Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....t “this request for proposal document is limited to short listed Contractor (s) only”, as such, submitting REP by BGP Inc. CNPC on 14.06.2010 is the violation of the terms and conditions of REP clause 5.1. He further argues that the respondent no.8 is an agent of CGG Veritas, France as has be..Category: Civil Law | Date: 29 May, 2011 | Hits: 21