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Sultana Jute Mills Ltd. and another Vs. Bangladesh Bank and others, 2007, 36 CLC (HCD)
....all banks behind the back and knowledge of the petitioners. The respondent No. 3 bank instituted Mortgage Suit No. 21 of 1990 in the Court of Subordinate Judge and Artha Rin Adalat No. 1, Chittagong, claiming an amount of Taka 8,89,94,800.22 against the petitioners and others. The petitioners duly a......pany engaged in jute mills business and petitioner No. 2 is its Managing Director. Petitioner No. 1 has been enjoying various loan, overdraft and banking facilities from its banker, respondent No. 3, for the purpose of its business; that the respondent No.1 has been enjoying various loan, overdraft ......formation to anyone except banks and financial institutions. There was no settlement/compromise between the petitioners and respondent No. 3. The petitioners owe the respondent No. 3 a huge amount of money which he has defaulted to repay and therefore his name has been rightly included in the CIB Re..Category: Civil Law | Date: | Hits: 121
Baby Masum & another Vs. Bangladesh Film Development Corporation, 2009, 38 CLC (HCD)
....ertain materials and service facilities to be provided by FDC for stipulated consideration. Accordingly, FDC provided the materials and service facilities. After completion of making of the film, the claims payable to FDC stood at Taka 35,93,315 out of which Taka 11,60,000 remained unpaid. At the ti......osite party No. 1 being the Bangladesh Film Development Corporation (BFDC) represented by its Law Officer Md. Ruhul Amin. 2. We have heard Mr. Md. Khurshid Alam Khan the learned Advocate appearing for the accused-petitioners and Mr. Md. Mamunor Rashid, the learned Assistant Attorney General appea......f that amount. 8. The dispute in question arose only when the post-dated cheques issued by the petitioners were dishonored. Though in the petition of compliant the fact of payment of the remaining money i.e. Taka 24,33,315 is not expressly admitted, it can be easily inferred from the facts stated..Category: Criminal Law | Date: | Hits: 95
....ad with section 43 of the Arbitration Act, 2001 for setting aside the Award dated 8-4-2006 passed by the Arbitral Tribunal in an arbitration proceeding between Saudi Arabian Airlines Corporation (the claimant) and Messrs Saudi-Bangladesh Services Company Limited (the respondent).
2. In the arbitr......ocates - For the Respondent.
Arbitration Case No. 2 of 2006.
Judgment
Zubayer Rahman Chowdhury J. - This is an application under section 42 read with section 43 of the Arbitration Act, 2001 for setting aside the Award dated 8-4-2006 passed by the Arbitral Tribunal in an arbitration proceed......e.
Accordingly, the Award dated 8-4-2006 is hereby set aside.
There will be no order as to costs.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 20; 14 MLR (HCD) (2009) 441.
..
Category: Alternative Dispute Resolution | Date: | Hits: 385
State Vs. Anwar Hossain and others, 2008, 37 CLC (HCD)
....s Judge, 1st Court, Dhaka, wherein charge under sections 302/34 of the Penal Code was framed against them. The charge was read over and explained to the accused on dock, who pleaded not guilty and claimed to be tried. Then in that Court evidence of eleven witnesses was recorded. At that stage th......d 153 of 2005. Judgment AKM Fazlur Rahman J. - This reference under section 374 of the Code of Criminal Procedure has been submitted by the learned Judge of Druta Bichar Tribunal No. 3, Dhaka for confirmation of sentence of death awarded by him to condemned prisoners, (1) Md. Anwar Hossain ...... sentenced to imprisonment for life. The jail appeals are accordingly, disposed of. Send down the lower Court's records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 1. ..Category: Criminal Law | Date: | Hits: 67
Engineer A. B. Siddique Vs. Kazi Akramuddin and others, 2011, 40 CLC (AD)
....nment and that it is owned by writ-respondent No.7. The inquiry reports also disclosed that the land of R.S. Plot No. 1101 acquired by the government is adjacent to R.S. Plot No.1435 and as such, the claim of the writ-petitioner in the application filed by him on 2.10.2004 that writ-respondent No.7 ......, Senior Advocate (with Rokanuddin Mahmud, Senior Advocate), instructed by Chowdhury Md. Zahangir, Advocate-on-Record- For Respondent No. 1. Not represented- Respondent Nos. 2-7. Civil Petition for Leave to Appeal No. 1193 of 2011. (From the judgment and order dated 03.10.2010 passed by the......of the matter and knowing fully well about the issuance of Rule, respondent No.4 by his letter under Memo No. n¡M¡-9/1-22/2000/743/1(5) dated 23.12.2004 permitted said Abu Bakar Siddique to deposit money in respect of the land in question and on 28.12.2004, possession of the said land was handed o..Category: Property Law | Date: | Hits: 79
....ly, whether the writ-petitioners have acquired any right of appointment in the service of the Republic on the basis of alleged recommendation, annexure-E, to the writ petition.
2. Writ petitioners claimed that they were recruited by the then Government of Bangladesh at Mujibnagar for liberation o......625 of 2009.)
Judgment
Surendra Kumar Sinha J.- Leave was granted to consider the question whether the High Court Division was justified in giving full relief to the writ petitioners without affording the appellants an opportunity of being heard and secondly, whether the unreported decision o......found that the facts are quite distinguishable from the facts of those cases. This appeal is disposed of with the above observations.
Ed.
This Case is also Reported in: 18 MLR (AD) (2013) 1.
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Category: Others | Date: | Hits: 138
Mampower Ltd. Vs. Artha Rin Adalat No.2, Dhaka and another, 2011, 40 CLC (AD)
....1. A Division Bench of the High Court Division disposed of the rule with a direction upon the plaintiff-bank to amend the plaint enabling it to strike out one of the borrower companies along with the claim against such borrower. The High Court Division also directed the Artha Rin Adalat to allow ame...... by Mvi. Md. Wahidullah, Advocate-on-Record- For the Petitioner. Yusuf Hossain Humayun, Senior Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No.682 of 2011. (From the judgment and order dated 17.1.2011 passed by the H......tions made by the High Court Division could not be sustained and accordingly they are expunged. The petition is disposed of with the above observations. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 112
....ntered appearance by filing affidavit-in-opposition controverting the material statements made in the writ petitions. Their case, in short, is that writ petitioners have got no legal right and cannot claim as a matter of right to be transferred to the revenue set up. The writ-petitions are not maint......ented-Respondent Nos.4, 5,9,17, 33-34, 47, 93-94, 98-100, 111,117-120 (In Civil Petition No.1084 of 2011)
Not represented-Respondent Nos.13-18 (In Civil Petition No.1085 of 2011)
Civil Petition for Leave to Appeal No.767 of 2011.
(From the judgment and order dated 18.08.2010 passed by the H......g been made on proper appreciation of laws and facts do not call for interference.
Accordingly, all the leave-petitions are dismissed.
Ed.
This Case is also Reported in: 9 ADC (2012) 174.
..
Category: Others | Date: | Hits: 172
Khairul Bashar (Md.) and 8 others Vs. Collector of Customs and others, 1997, 26 CLC (HCD)
....hat tariff value as well as customs duty having been increased by the SROs published subsequent to the date of opening of the Letters of Credit in the respective Rule and the customs authority having claimed Customs duty on the basis of subsequent SROs vested right of the respective petitioner to im......nt to the date of opening of Letters of Credit are under challenge. Common question of law having been involved in all these Rules these are being disposed of by this judgment. 2. Learned Advocate for the petitioner of the respective Rule after placing the petitions and other materials on record ......ty to encash the bank guarantee in full in respect of the discharged Rules and in part in respect of the Rules made absolute in part. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 225. ..Category: Fiscal/Taxation Law | Date: | Hits: 134
Raquibuddin Ahmed Vs. SAM Iqbal and another, 1997, 26 CLC (HCD)
....ime the contempt Rule was issued by the High Court Division on 7-5-94. On 8-6-94 the petitioner wrote to the contemner No.1 to allow him to join stating that his joining letter was not conditional as claimed by him after the contempt Rule was issued and this letter is annexed as Annexure-11 to the a......vil Rule No.130 (R) of 1994 (Contempt). Judgment Md. Mozammel Hoque J.- As per order of this Court dated 29-7-97 the contemner-opposite party No.1 is present in Court in person. 2. This Rule for Contempt of Court was issued calling upon the opposite party Nos. 1 and 2 to show cause as to wh...... for 12 months and 16 days but as per direction of the Court the corporation has to pay all the salaries and other remunerations to the petitioner without taking any service from him. This payment of money to the petitioner without having any service from him was in fact due to showing disobedience ..Category: Others | Date: | Hits: 142
....iled under section 3(3) of the Ordinance by the Chittagong Port Authority before the ‘Authorised Officer’ prescribed by the Ordinance seeking eviction of the respondent Nos. 1 and 2 from the land claimed to belong to the Chittagong Port Authority.
2. Facts, in short, as stated in the writ pet..........Respondents
Judgment
February 18, 1998.
Result:
The Rule is made absolute.
Lawyers Involved:
Md. Habibul Islam Bhuiyan, Advocate - For the Petitioner.
Nurul Islam Chowdhury, for Formanullah Khan, Advocate - For the Respondent No.1.
Writ Petition No.189 of 1992.
Judgme......d by the Authorised Officer in CR Case No.5 of 1990 is declared to have been made without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 195.
..
Category: Property Law | Date: | Hits: 103
....lication in the present case. Now here in the whole spectrum of deliberations the learned Courts below appear to have addressed themselves to the vital question as to whether the mere unsubstantiated claim of the vested property authority at the instance of an ever-exuberant and irresponsible Tahsil......al, predecessor-in-interest of the petitioners as plaintiff, instituted a suit in the 3rd Court of Munsif Dhaka being Title Suit No.732 of 1981 subsequently re-numbered as Title Suit No.153 of 1984 before Munsif, Savar for declaration of his title in the suit land measuring 0.82 acre of nal land as ......e Court of Munsif, Savar in Dhaka is hereby decreed. There shall be no order as to costs.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 186...
Category: Property Law | Date: | Hits: 111
Khodeja Begum & others Vs. Md. Sadeq Sarkar, 1994, 23 CLC (HCD)
....stitution of conjugal rights at present and in future filing of such suits. Let the records of this case be sent down immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 181. ......ated 23-3-1986 passed by the Subordinate Judge, Chandpur in Title Appeal No.125 of 1984 reversing those of dated 29-8-1984 passed by the Munsif, Matlab Upazila in dismissing Title Suit No.390 of 1984 for restitution of conjugal right. 2. The opposite party as plaintiff instituted Title Suit No.22......ed kabinnama dated 5-2-1980 and they lived together as husband and wife and the marriage was consummated: the defendant No.2 took loan of Taka 3,000.00 from the plaintiff for purchase of land but the money was not repaid on demand; the relationship deteriorated and the defendant No.2 took defendant ..Category: Family Law | Date: | Hits: 185
Saleha Begum Vs. Kamal Hossain, 1997, 26 CLC (HCD)
....ore calls for no interference. 7. In terms of section 5 of the Family Courts Ordinance, 1985 not only the wife is permitted to file a suit in the Family Court for her maintenance, but she can also claim maintenance of her child in the same suit. It was, therefore, not necessary for the child to f......the judgment and decree dated 8-8-93 passed by the Family Court Judge, Sadar Noakhali, in Family Court Suit No.47 of 1991 decreeing the suit in part. 2. The petitioner wife as plaintiff filed the aforesaid suit for her prompt dower and maintenance for herself and for her baby son alleging, inter ...... 9,000.00 by way of maintenance of the child but refused to decree the suit for her maintenance on the finding that the defendant had already paid Taka 15,000.00 towards payment of her deferred dower money of Taka 20,000.00 against receipt and that she had been living at the house of her father out ..Category: Family Law | Date: | Hits: 152
Abdul Jalil Munshi (Md.) Vs. Returning Officer & others, 1997, 26 CLC (HCD)
....ion is disposed of. Let a copy of this judgment/order be sent to the Returning Officer (respondent No.1) forthwith for compliance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 179. ......nvolved: Golam Kibria, Advocate - For the Petitioner. Writ Petition No.7399 of 1997. Judgment Qazi Shafiuddin J.- The petitioner Md. Abdul Jalil Munshi filed nomination paper on 4-11-1997 for the post of Chairman of Eogram Union Parishad, PS Goalanda, District Rajbari. The Returning Offi...... the Thana Nirbahi Officer had made any observation or finding that the loan taken by Year Ali Munshi father of the petitioner has been settled on the petitioner and, as such, he is liable to pay the money. No such finding is there in their orders. Furthermore, the amount of loan taken by Year Ali M..Category: Election Law | Date: | Hits: 153
Syed Masud Ali and others Vs. Md. Asmatullah and others, 1978, 7 CLC (AD)
....sion of all the allegations made in the plaint require reproduction. All that need be stated is that in the Court of Munsif, the plaintiff has divided the suit properties under two schedules land has claimed ownership and possession over both of them. With regard to the first he has sought a declara......nt of wakf is involved in view of sections 50 and 102 of the Waqf Ordinance, 1962. 2. Since the question has been raised by defendant appellants immediately on the presentation of the plaint and before the filling of the written statement the only facts are the plaint allegations. In view of the ......first schedule land of the plain if the plaintiff so desires to proceed. In the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 249...Category: Trust/Waqf Law | Date: | Hits: 136
Commissioner of Income-Tax Vs. M/S. Jamiluddin Corporation Ltd., Bogra, 1979, 8 CLC (AD)
....the Board of Directors of the assessee-company held on 15.7.59. The Appellate Assistant Commissioner observed that the managed companies had made profit and the assessee company decided to forego the claim for commission but "this action is not for business consideration''. 4. The Income Tax Appe...... accrued or arose. The Income Tax Officer took the view that the assessee was entitled to receive the commission from the managed companies and as such the assessee is liable to be taxed in his hands for the income from commission. The Income Tax Officer took further view that the Managing Agent, th......in this case because profit earned and credited in the books of account is taken at the basis of computation under section 13, the system of accounting postulates the existence of debt in so far as money remain due and payable by the parties to whom they have been debited and when it is realised t..Category: Fiscal/Taxation Law | Date: | Hits: 124
....en outer campuses at Chittagong and Rajshahi. It is also a fact that till date such applications filed by the petitioner have not been disposed of by the respondents in either way. The petitioner has claimed that it has fulfilled all the criteria as mandated in the Ain, 2010 to get approval for open......Ara Sultana J
Syed Mahmud Hossain J
Muhammad Imman Ali J
Md. Shamsul Huda J
University Grants Commission and another.................................Petitioners
Vs.
University of Information Technology and Science and another…….Respondents
Judgment
January 12, 2012.
......has submitted that from the said annexures, it is clear that the petitioner fulfilled all the requirements as mandated in the Ain, 2010, that is, it filed the Trust deed, made deposit of the required money for opening the outer campuses at Rajshahi and Chittagong and submitted the lease deeds showin..
Category: Others | Date: | Hits: 197
Hafizuddin Ahmed and another Vs. Mahbubul Huq and others, 1983, 12 CLC (AD)
.... into possession and made some constructions including pucca boundary pillars. But on 12 August 1963 defendant No. 1, the respondent before us, forcibly dispossessed him from this land setting up a claim of title on the basis of purchase under a registered kabala dated 11 July 1963 from one Rabi D......h Court Division is well founded in law in reversing, in a second appeal, the concurrent decision of lower Appellate Court and the Trial Court and ordering remand of the plaintiffs-appellants' suit for declaration of title and recovery of khas possession. 2. This arises from Title Suit No 201 o......owed. The judgment and decree of the High Court Division is set aside and that of the trial Court is restored. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 174. ..Category: Property Law | Date: | Hits: 58
Abdur Rashid and another Vs. Abdul Barik and another, 1983, 12 CLC (AD)
....or the aforesaid reasons, the order of the learned Judge of the High Court Division is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 162.......decessor-in-interest of the respondents filed O.C. Suit No. 220 of 1968 in the Additional Court of Munsif, Kishoreganj, against the appellants, who were defendants No. 28 (Kha) and 28(Kha) and others for declaration that the auction sale of the suit lands held in Money Execution Case No. 233 of 1942......or the aforesaid reasons, the order of the learned Judge of the High Court Division is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 162...Category: Property Law | Date: | Hits: 67
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