Search Options
Judgment Advanced Search
Displaying 141-160 of 2867 results.
Dr. Moos Bin Shamsher Vs. Ayub Ali and others, 2012, 41 CLC (HCD)
....t case defendant being a defaulter cannot restrain the plaintiff landlord from evicting him from the suit premises permanently.....……………… (45) Agreement for lease is void under section 23 of the Contract Act when its object is not lawful and that it hav...... 2009 is accordingly discharged. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 99. ......an Restrain Landlord Permanently from Evicting by Challenging the Title- It is settled principle of law that tenant can file suit but that he can done after surrendering the suit premises to the plaintiff landlord. Moreover, at no point of time tenant has right to challenge the title of land&sh..Category: Contract Law, Tenancy Law | Date: 7 May, 2012 | Hits: 7
Professor Muhammad Yunus and another Vs. Bangladesh, 2012, 41 CLC (AD)
....; Exen Industries Vs. CCIE, AIR 1971 SC 1025; Century Spinning Vs. Ulhasnagar Municipal Council AIR 1971 SC 1021; Veerappa Vs. B.P. Dalal AIR 1975 SC.778; Council of Civil Service Unions Vs. Minister for the Civil Service (1984) 3 All KR 935 at 949; Mati Ram Deka Vs. NEF Railways, AIR 1964 S.C.600; ......the terms and conditions regulated by the Implementation Division's O.M. No. MF/ID/V/N (A)-16/78/1199 dated 11th September, 1980. 5. The Ordinance was amended on 31st July, 1990, and by this amendment the Board of Directors (the Board) has been given the power to appoint the Managing Direct......ve observations. The parties would bear their respective costs. Ed. This Case is also Reported in: VIII ADC (2011) 834, 17 MLR (AD) (2012) 121, 64 DLR (AD) (2012) 152 ..Category: Banking Law | Date: 5 May, 2012 | Hits: 220
Rajuk Karmachari Bahumukhi Samabaya Samity and another Vs. M/s Al-Razib Traders, 2012, 41 CLC, (HCD)
....n lies against an order passed by the District Judge in an arbitration case as per provision of Arbitration Act, 2001. Special law prevails over general law Arbitration act is a special law for adjudication of the dispute between the parties who agreed for holding of arbitration as such it......ated. d. Thereafter, a new committee of the second party was elected and in the Extra-Ordinary General Meeting and annual general meeting was held and power of attorney was ratified with certain amendment. e. Thereafter, 1st party under took the foundation work. The further case of the 1st......py of this judgment. Send a copy of this judgment to the Court of the learned District Judge as expeditiously as possible. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 285. ..Category: Arbitration Law | Date: 3 May, 2012 | Hits: 18
Most. Umme Shaheda Akhter Rina & othersVs. Ayub Ali and others, 2012, 41 CLC (AD)
....gment April 16, 2012. Result: The petitions are disposed of. The Code of Civil Procedure, 1908 (Act No. V of 1908); Order XL, Rule 1 Appointment of receiver in a suit for partition It is not proper to appoint a receiver in a suit for partition. Mere existence o......on from selling any portion of the suit land without prior permission of the trial Court, if so advised. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 94; 17 MLR (AD) (2012) 235. ......y in disposal of the suit cannot at all be a ground for appointment of a receiver in respect of the suit land…………………..(20) In a suit for partition not merely the interest of the plaintiffs but also the interest of all the parties to the suit need be protected. The power to app..Category: Civil Law | Date: 16 Apr, 2012 | Hits: 92
Monsur Hossain (Md.) Vs. Rahima Khatun and others, 2012, 41 CLC (HCD)
...., Sadar, Mymensingh in Small Cause Court Suit No.7 of 1996 should not be set-aside and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts relevant for disposal of the Rule are that the plaintiff of the suit is the petitioner before this Court who ......ecord by the trial Court failing which the plaintiff would be at liberty to execute the decree as per law. Record be send down. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 207. ......rt Suit No.7 of 1996 should not be set-aside and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts relevant for disposal of the Rule are that the plaintiff of the suit is the petitioner before this Court who instituted SCC Suit No.6 of 1993 on 24..Category: Property Law | Date: 12 Apr, 2012 | Hits: 6
Anti-Corruption Commission Vs. Monjur Morshed Khan & three another, 2012, 41 CLC (AD)
....91 & 233 of 2010). Ahsanul Karim, Advocate, instructed by Nurul Islam Bhuiyan, Advocate-on-record—For the Petitioners No.1 (In Criminal Petition No.234 of 2010). Criminal Petition for Leave to Appeal Nos.190-191 of 2010 with Nos. 233-234 of 2010. (From the judgment and order......pending in the High Court Division by accused-persons. These petitions are disposed of with the above observations and findings. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 124. ......pecified in the schedule, that is to say, to inquire into and investigate upon the cases mentioned in the schedule, to file cases pursuant to such inquiry or to investigate or to inquire into complaints made by aggrieved persons relating to corruption, and other related matters including c..Category: Anti-Corruption Laws | Date: 12 Apr, 2012 | Hits: 212
Securities and Exchange Commission Vs. Dona Securities and others, 2012, 41 CLC (AD)
.... granted. Lawyers Involved: Dr. A.K.M. Ali, Advocate, instructed by Muhammad Nawab Ali, Advocate-on-Record—For the Petitioner. Not represented-For Respondents. Criminal Petition for Leave to Appeal No.175 of 2009. (From the judgment and order dated 11th November, 2007 pass......ellant is directed to file the concise statements within 4 (four) weeks from the date of receipt of the leave granting order. Ed. This Case is also Reported in: 9 ADC (2012) 802. ......dated 11.11.2007 passed by the High Court Division in Criminal Miscellaneous Case No.3280 of 2002 making the Rule absolute. 2. The relevant facts of the case, in brief, are that a petition of complaint was filed by the Securities and Exchange Commission, represented by the Executive Director in..Category: Business or Commercial Law | Date: 10 Apr, 2012 | Hits: 212
....ers.
Rokanuddin Mahmud, Senior Advocate instructed by Bivash Chandra Biswas, Advocate-on-Record-For respondent No.8.
None represented- For respondent Nos.1-7 & 9-13.
Civil Petition for Leave to Appeal No. 1634 of 2009.
Judgment
Md. Abdul Wahhab Miah J.- This petition for......19 in number) and/or from their nominees.
(f) That these presents is subject to existing Law of the land and Rules & Regulation framed by Bangladesh Bank or any other regulatory body and any amendments thereto and shall inure and bind the parties hereto."
5. In order to deceive th......reholders, respondent Nos.7-12 have kept the MoU under their possession and in spite of repeated request, they did not give any authenticated copy to them for which petitioner No.3 already filed a complaint case before the Chief Metropolitan Magistrate, Dhaka being CR No.7404 of 2008. The circulars ..
Category: Company Law | Date: 9 Apr, 2012 | Hits: 223
Majad Hossain and another Vs. State, 2012, 41 CLC (AD)
.... Lawyers Involved: SK. Zulfiqur Bulbul Chowdhury, Advocate instructed by Syed Mahhubar Rahman, Advocate-on-Record-For the Petitioners. None represented-For the Respondent. Criminal Petition for Leave to Appeal Nos. 361 And 366 of 2010. Judgment Md. Abdul Wahhab Miah J. - Identical f......modifications of the ordering portion of the judgments of the High Court Division, both petitions are dismissed. Ed. This Case is also Reported in: 32 BLD (AD (2012) 214; 17 BLC (AD) (2012)177. ...... 3. Criminal Petition for Leave to Appeal No.364 of 2010: Respondent No.2 through its authorised officer Yasin Kabir as complainant (hereinafter referred to as the complainant) filed a petition of complaint before the Chief Metropolitan Magistrate, Chittagong against the leave petitioner (hereinafte..Category: Banking Law | Date: 8 Apr, 2012 | Hits: 618
M/S. Talukder Chemicals Limited Vs. Government of Bangladesh and others, 2012, 41 CLC (HCD)
....Narayangonj, in Title Suit No.64 of 2009, dismissing the suit. 2. Facts in a nutshell given rise to this appeal, are that, the appellants as plaintiffs instituted the Title Suit No. 64 of 2009 before the learned Joint District Judge, 2nd Court, Narayangonj impleading the respondents as defendan......by set aside and the suit is hereby decreed . Communicate a copy of this judgment and decree immediately. Nozrul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: ......am Bhuiyan, Advocates-For the appellants. S. S. Sarker, Advocate-For the respondents. First Appeal No.118 of 2011. Judgment KM Kamrul Kader J. - This appeal at the instance of the plaintiffs is directed against the judgment and decree dated 20.03.2011 passed by the learned Joint ..Category: Evidence Law | Date: 3 Apr, 2012 | Hits: 113
Mokbul Hossain Mridha and others Vs. Md. Shamsul Haq Sarder and others, 2012, 41 CLC (AD)
....No.1 as the plaintiff instituted other Class Suit No.44 of 1993 in the Court of the Assistant Judge, Durgapur, Rajshahi against the defendants-appellants and other defendants-respondents praying for a declaration of title in respect of the suit land described in schedule 'B' to the plai......ly, the Appeal is allowed and the impugned judgment and order dated 21-4-2003 is hereby set aside. There is no order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 97. ......shahi affirming the judgment and decree dated 24-6-1996 passed by the learned Assistant Judge, Durgapur, Rajshahi in other Class Suit No. 44 of 1993 decreeing the suit. 3. Respondent No.1 as the plaintiff instituted other Class Suit No.44 of 1993 in the Court of the Assistant Judge, Durgapur, R..Category: Procedural Law | Date: 20 Mar, 2012 | Hits: 88
....nt under Order 7 Rule 11 of the Code of Civil Procedure filed by the defendant-respondents.
2. The material facts in short are that, the appellant as plaintiff filed Title Suit No. 162 of 2009 before the Court of learned Joint District Judge, 5th Court, Dhaka stating inter alia that R. Zaman &a......39;s records along with a copy of this judgment at once.
Nozrul Islam Chowdhury J. - I agree.
Ed.
This Case is also Reported in: 18 MLR (HCD) (2013) 289, 19 BLC (HCD) (2014) 18.
...... nature of the dispute is entirely a civil dispute and it can only be resolved by a competent civil Court.
There is no provision in the Companies Act to file any declaratory suit under which the plaintiff could seek reliefs he claimed in the suit and these reliefs are only available under secti..
Category: Company Law | Date: 19 Mar, 2012 | Hits: 689
Md. Nurul Islam Khan and others Vs. Azizul Islam and others, 2012, 41 CLC (AD)
....Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For Respondent No.1 (In both the cases). For Respondent No.2-9 (In both the cases)—Not represented. Civil Petition for Leave to Appeal Nos.1023-24 of 2010 (From the judgment and order dated 25.8.2009 passed by ...... paper book out of court in accordance with rules. The order of stay granted earlier shall continue till disposal of the appeals. Ed. This Case is also Reported in: 9 ADC (2012) 635. ....... 2. These petitions are disposed of analogously by this order since both the suits were heard and disposed of by a Single judgment. In order to avoid confusion the petitioners be described as plaintiffs and the respondents as the defendants. Facts relevant for the disposal of these petitions..Category: Procedural Law | Date: 19 Mar, 2012 | Hits: 119
Luthfor Rahman (Md.) Vs. Bangladesh & others, 2012, 41 CLC (HCD)
....d in: 18 BLC (HCD) (2013) 124. ......that it was issued on 15-7-2002. Here we may refer to the law itself. The aforesaid Ordinance, Ordinance No. XXIV of 1979 in the preamble it is stated as "An Ordinance to repeal and with certain amendment re-enact the East Bengal which include Government Lands and Buildings (Recovery of Possess......ash;For the Defendant-Respondents. Abul Kalam Patwary, Advocate—For the Respondent No.33-39. First Appeal No.166 of 2010. Judgment Sharif Uddin Chaklader J. - This appeal by plaintiff directed against judgment and decree dated 1-12-2009 passed by the learned Joint District ..Category: Others | Date: 18 Mar, 2012 | Hits: 5
Jamuna Builders Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....resent: Sharif Uddin Chaklader J Krishna Debnath J Jamuna Builders Ltd....................Plaintiff-Opposite Party-Petitioner Vs. Bangladesh and others…...........Proforma-Defendant-Petitioner Opposite-Parties Judgment March 5, 2012. Result: The......urt. From the facts of the case it appears that Government satisfactorily explained its non-appearance when the suit was decreed against Government. 6. President's Order No.142 of 1972 after amendment incorporated section 6 which is as:— "No person shall, without joining the......o.4. SS Barker, Deputy Attorney-General—For the Opposite-Party No.1-3. Civil Revision No.3108 of 2011 with FA No.6 of 2009. Judgment Sharif Uddin Chaklader J. - This rule by plaintiff of Title Suit No.11 of 2005 filed for specific performance of contract, against principal ..Category: Abandoned Properties Law, Property Law | Date: 5 Mar, 2012 | Hits: 18
Dulal Brothers Ltd. Vs. Registrar of Joint Stock Companies and Firms, 2013, 42 CLC (HCD)
.... of 2012 Judgment AFM Abdur Rahman J.- By this application under Section 12 and 13 of the Companies Act the petitioner, the company itself through its Managing Director M.A. Jabbar, prays for amendment of the object clause of the Memorandum of Association of the company DULAL BROTHER LI......2012 Judgment AFM Abdur Rahman J.- By this application under Section 12 and 13 of the Companies Act the petitioner, the company itself through its Managing Director M.A. Jabbar, prays for amendment of the object clause of the Memorandum of Association of the company DULAL BROTHER LIMITE...... of receipt of the file in the office. The office is directed to inform the learned Advocate of the petitioner accordingly. Ed. This Case is also Reported in: ..Category: Company Law | Date: 4 Mar, 2012 | Hits: 28
M/s. Sadharan Bima Corporation Vs. United Fish Exports Limited and others, 2012, 41 CLC (AD)
....rd—For the Petitioner (In both the cases). Mahmudul Islam, Senior Advocate instructed by Nurul Islam Bhuiyan, Advocate-on-Record —For Respondent No.1 (In both the cases). Civil Petition for Leave to Appeal Nos.1588 and 1589 of 2009. (From the judgment and order dated 18.03.2009 pa......t that there is no merit in these Civil Petitions for leave to appeal and in the circumstances both the civil petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 563. ......ary for disposal of these two civil petitions for leave to appeal, in short, are as follows:- 4. The respondent No.1 herein, United Fish Export Limited represented by its Managing Director, as plaintiff, filed Money Suit No.19 of 1993 before the Subordinate Judge, 1st Court, Khulna impleading..Category: Business or Commercial Law | Date: 26 Feb, 2012 | Hits: 616
Dream Land Properties Ltd. Vs. Hazi Abdul Wazed and others, 2012, 41 CLC (AD)
....on and also to reduce the docket. It cannot be said that the evidence on record are not sufficient to determine the suit finally in the absence of expert's opinion. If it requires an expert's opinion for ends of justice, the High Court Division may obtain such opinion for the purpose of effectually ......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. ......(From the judgment and order dated 11.5.2009 passed by the High Court Division in First Appeal No.148 of 2003.) Judgment Surendra Kumar Sinha J. - This petition for leave at the instance of the plaintiff is against an order of the High Court Division remanding the suit to the trial Court for e..Category: Procedural Law | Date: 19 Feb, 2012 | Hits: 147
....ect.
Accordingly 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.
......ng before fifteen days from the day of submission of nomination paper any loan or an installment thereof taken by him from a bank or financial institution;”
38. In comparison with the latest amendment with the repealed provisions, it appears that in fact, there was drafting mistake in claus......gh Court Division is correct.
Accordingly 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.
..
Category: Election Law | Date: 14 Feb, 2012 | Hits: 262
....otal consideration value. It is never deducted like advanced income-tax or income-tax from the income. In whichever stage one deducts and pays VAT, he has to deduct it after addition of VAT and not before addition. .......(39)
Constitution of Bangladesh, 1972
Article 102
...... (Amendment) Act (XLI of 2010)
Sub-section (2) of section 39 provides that if the government is of the view that any condition of the license has to be amended, it may direct the BTRC to do such amendment and such amendments may be brought about only after seeking written statement from the lic......one should immediately pay, if not paid already, the fees, charges and VAT to the concerned authorities in accordance with law.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 401.
..
Category: Fiscal/Taxation Law, Information Technology Law | Date: 13 Feb, 2012 | Hits: 15
91125717881365918799716183607091778582667127826579648786880186467958818658528826