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Hedayetullah and others Vs. Foyjun Nessa Begum and others, 2012, 41 CLC (AD)
....cree in respect of land which is not specified. In a suit for declaration of title and recovery of khas possession the plaintiffs are not only required to prove their title to the suit land and but also to prove that the suit has been filed within twelve years from the date of alleged dispossession...... submits that the plaintiffs have been able to prove their title to the suit land and that they have filed the suit within twelve years from the date of dispossession and, as such, no interference is called for. 10. Leave was granted on the following submissions of the learned Advocate for the appe......cordingly the appeal is allowed without any order as to costs and the impugned judgment is set-aside and the suit is dismissed as a whole. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 139. ..Category: Property Law | Date: 30 May, 2012 | Hits: 33
Bimal Chandra Sen Vs. Md. Waliullah Chowdhury and others, 2012, 41 CLC (AD)
....ab Miah J. - This appeal, by leave, has arisen out of the judgment and order dated 17-4-2002 passed by a Division Bench of the High Court Division in Civil Revision No. 3512 of 1999 making the Rule absolute. 2. Facts giving rise to this appeal are as follows:— Respondent No.13, Dolly Rani Se......letters of administration in non-contentious cases, within such local limits as it may prescribe. And sub-section (2) has stipulated that Persons so appointed, that is, under sub-section (1) shall be called "District Delegates." For ready reference section 265 is quoted herein below:— "265. (1)......appeal is allowed and the impugned judgment and order of the High Court Division is set-aside, there will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 97. ..Category: Civil Law | Date: 30 May, 2012 | Hits: 47
Government of Bangladesh and others Vs. Nurul Amin and anothers, 2012, 41 CLC (AD)
.... appeals are allowed. Constitution of Bangladesh, 1972 Article 44(1), 102(1), 102(2) Compensation is Special Relief not General— Power of High Court not only be Injunctive but also Remedial— Articles 44(1), 102(1) 102(2) The power of the High Court Division under Art......a clean break from the past unshackling the bondage of a past statehood and adopted a Constitution of its own choosing. The Constitution, historically and in real terms, is a manifestation of what is called "the People's power". The People of Bangladesh, therefore, are central, as oppo...... of the country to lower down the image of the government. The detenue also instigated the workers of the Textile and Spinning Mills to create displeasure among them and thereby caused financial loss to the country and for this purpose in their party office the detenue and others held secret me..Category: Constitutional Law | Date: 29 May, 2012 | Hits: 5
Ruhul Amin and others Vs. Bangabandhu Sheikh Mujib Medical University, 2012, 41 CLC (HCD)
....াজ্ঞার ডিক্রী দিতে।“ 3. It is the plaint case that Nawab Sir Salimullah was the owner of the suit property along with other property, died, leaving eldest son, Nawab Habibullah Bahadur, who became owner of the suit property by inheritance, made heba-bil-e......ition of property in connection with the administration and development of East Pakistan; 11. It is hereby enacted as follows:— 1. Short title, extent and duration (1) This Act may be called the (Emergency) Requisition of Property Act, 1948. 2. It extends to the whole of Banglad......(six) months from the date of receive of this judgment. Send down the lower court records. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 182. ..Category: Civil Law, Property Law | Date: 27 May, 2012 | Hits: 12
....ing plaint was not in accordance with the specifications, and fit for its 2000 bedded hospital. As such, the BSMMU could not accept the washing plant. Subsequently, the parties to the contract also tried to settle the dispute amicably, but the attempt was unsuccessful. Then complaint-Company re......may be stated as follows:—
An arbitration proceeding between the appellant Maisha Corporation (Pvt) Ltd and the respondent Bangabandhu Sheikh Mujib Medical University (herein after will be called claimant-company and BSMMU respectively) was started out of a dispute over the supply, accept...... of award.
d) Staff salary at the rate of Taka 1, 60,000 from 3-4-2007 till the date of award.
e) Time costing at the rate of 1, 00,000 from 3-4-2007 till the date of award.
f) For the loss of future business- Taka 10, 00, 00,000.
g) For the loss goodwill Taka 5, 00, 00,000.
..
Category: Arbitration Law | Date: 10 May, 2012 | Hits: 16
Dr. Moos Bin Shamsher Vs. Ayub Ali and others, 2012, 41 CLC (HCD)
....ip;……… (45) Agreement for lease is void under section 23 of the Contract Act when its object is not lawful and that it having not been registered is unenforceable and also inadmissible in evidence.………(36) Cases Referred to- PK Chakraborty......t compliance with the requirement of law, the decree passed by the trial Court and affirmed by the High Court Division in revision does not suffer from any illegality and, as such, no interference is called for." In the case of Monowara Begum Vs. Atiqullah 4 MLR 240 = 57 DLR 550 it is held that...... 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. ..Category: Contract Law, Tenancy Law | Date: 7 May, 2012 | Hits: 7
Professor Muhammad Yunus and another Vs. Bangladesh, 2012, 41 CLC (AD)
....M Khairul Haquc CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Professor Muhammad Yunus..................Petitioner (In Civil Petition No.640 of 2011) Rahima Begum ......sion taken by the quasi-judicial and administrative authority when making an order affecting ones rights. There is no dispute that whenever justice fails to achieve solemn purpose, natural justice is called in aid of legal justice. Natural justice relieves legal justice from unnecessary technic......ng Director otherwise there was no reason for him to express his desire to handover the power. 42. Even if it is assumed that the impugned orders of removal visited professor Yunus with the loss of office, the maxim audi alteram partem cannot have universal application. Rules of natural ju..Category: Banking Law | Date: 5 May, 2012 | Hits: 220
Sarwar Kamal Vs. State, 2012, 31 CLC (HCD)
....ted with the limit of its power or exceeded it or the power has been exercised without application of mind and mechanically or the order in question is a mala fide one or the order has been passed on some extraneous consideration or how far the order is fair and reasonable it can certainly be exam......nicated to the petitioner by Memo No.3-16/92 dated 08-6-1993 of the opposite-party and why the warrant of arrest and warrant of commitment as issued on 30-6-1997 against the petitioner shall not be recalled by setting aside the orders dated 30-6-1997 and 31-8-1997 passed in ST No.25 of 1987 and/or t......stry of Home Affairs and Secretary Ministry of Law Justice and Parliamentary Affairs for their appraisal and future guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 329. ..Category: Criminal Law | Date: 25 Apr, 2012 | Hits: 98
Government of Bangladesh and others Vs. Md. Badal and another, 2012, 41 CLC (AD)
....etition where specific criminal case has already been started When a specific criminal case is started and now pending before the concerned Special Tribunals, the criminal case should be resolved there. If the party which initiated the case fail to prove the case, then the aggrieved pers......rom Singapore and were obliged to make the declaration as per the Baggage Rules. From the reply to the show cause notice (annexure-'F' to the writ petition) it is clear that Md. Abdul Mannan was called at the customs office at the airport after the seizure of the gold in question. This will be......e above, we find merits in the appeals. Accordingly, the appeals are allowed. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 246. ..Category: Criminal Law | Date: 17 Apr, 2012 | Hits: 20
Abdul Gaffar and others Vs. Sree Sree Radha Madhab Jew Deity and others, 2012, 41 CLC (AD)
....ana J. - This Civil Petition for leave to appeal has been directed against the judgment and order dated 06.12.2009 passed by the High Court Division in Civil Revision No.985 of 1981 making the rule absolute. 2. The short facts necessary for disposal of the leave petition are as follows:- 3......tiffs' case that the defendant No.4 the deity settled the suit land with the plaintiffs in the year 1360 B.S. Both these courts, on scrutiny of the evidence adduced by the plaintiffs held that the so-called rent receipts-the exhibit-1 series-the only documents produced by the plaintiffs to prove t...... this impugned judgment and order of the High Court Division. In the result this civil petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 697. ..Category: Property Law | Date: 16 Apr, 2012 | Hits: 72
Commissioner of Customs Vs. Faridul Alam, 2012, 41 CLC (AD)
....sion in Writ Petition No.2775 of 2009 disposing of the Rule with the direction as embodied in the operative portion of the judgment. 2. Facts giving rise to this appeal are as follows: The sole respondent as petitioner (hereinafter referred to as the petitioner) filed the above mention......tioner and then to melt the same in his furnace as the goods had already been assessed and the petitioner paid the customs duties and other taxes as per assessment. Therefore, no interference is called for with the impugned judgment and order. 10. Admittedly, the goods in question were imp...... released, but they did not make any response. As the goods have not been released, port demurrage and container charges are incurring each day and thereby the petitioner has been suffering a huge loss including bank interest. As per provisions of the Customs Act and the Rules framed thereunder,..Category: Fiscal/Taxation Law | Date: 11 Apr, 2012 | Hits: 9
Momtaj Ali @ Babul Vs. Md. Shamsul Huda, 2012, 41 CLC (AD)
....king at the material contradictions in his testimony from the FIR.......... (15) Justice would be best served if the sentence awarded against the appellant is altered into one for imprisonment for life with fine. The appellant could not be solely saddled with the "short gun ......er. 10. Mr. Karunamoy Chakma, learned Deputy Attorney-General, however, supported the impugned judgment and order. 11. As leave has been granted only on the question of sentence, we are not called upon to sift the entire evidence adduced by the prosecution. We shall, however, refer to......six) months more. The concerned Jail Authority is directed to shift the appellant to the convict wards from the death cell. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 122. ..Category: Criminal Law | Date: 10 Apr, 2012 | Hits: 2
....ted vide "Price Sensitive Information" published in the Daily "Samakal" on 24.04.2009 (Annexure- 'H') and Notice of the AGM dated 15.07.2009 (Annexure-'C-2') and also for issuing notice upon the respondents to show cause as to why the insertions of the name of res......having already been held and various decisions were taken in the those respective AGMs and EGMs, now there is no scope of holding the 9th AGM to transact Agenda No.4 and therefore, no interference is called for with the impugned order. He has also contended that the petitioners could file applicatio...... Bank Limited fixing the date on 26.08.2008 at 11 a.m. to transact the following agenda:
(1) To receive, consider and adopt the audited financial statements including balance-Sheet, profit & loss accounts for the year ended December 31, 2007 together with report of the Directors and Auditor..
Category: Company Law | Date: 9 Apr, 2012 | Hits: 223
Rakibul Islam Vs. State, 2012, 41 CLC (HCD)
....) 151; State Vs. Monu Miah, 54 DLR (AD) 60. Lawyers Involved: Md. Khurshid Alam Khan, Advocate - For the appellant. AKM Zahirul Huq, Deputy Attorney-General with Mr. Bibhuti Bhuson Biswas, and Mozammel Haque (Rana), Assistant Attorney-General - For the State. Crimin......342 of the Code of Criminal Procedure while it had examined the accused course of trial, (2) whether the prosecution has able to prove its case beyond reasonable doubt and (3) whether interference is called for as regards the impugned Judgment and order, in the facts and circumstances of these case.......used is on bail obtained from this Division, he is to be discharged from his bail bond. Send down the Lower Court Records. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 438. ..Category: Women and Children | Date: 3 Apr, 2012 | Hits: 64
Shyzuddin and others Vs. Md. Babul Gorapi and another, 2012, 41 CLC (HCD)
....Penal Code, which run as follows: “482. Whoever uses any false trade mark or any false property mark shall, unless he proves that he acted without intent to defraud, be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. ......ark” have been given in sections 478 and 479 of the Code, which run as follows: “478. A mark used for denoting that goods are the manufacture or merchandise of a particular person is called a trade mark, and for the purposes of this Code the expression “trade mark” inclu...... Rule is discharged. The stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Soumendra Sarker J.- I agree. Ed. This Case is also Reported in: ..Category: Intellectual Property Law | Date: 2 Apr, 2012 | Hits: 218
Sohel Rana Shippon (Md.) and others Vs. State, 2012, 41 CLC (AD)
.... of any woman or child for any of the purposes mentioned in section 5 of the Ain. Section 8 of the Ain, 2000 concerns the offence of confining any woman or child for the purpose of extracting ransom. Section 30 covers the instigation of such offences as mentioned above. For ends of ju...... house since his brother-in-law, Md. Lutfor Rahman, resides in the United States of America. On the date of occurrence, that is on 31-5-2001 at about 8-30 PM accused-petitioner No.2 Tofail Islam Hira called victim Mostasim Billa and took him out of his house for drinking 'Virgin' (soft ...... the earlier sentence awarded by the Tribunal. 14. With the observations and direction made above, the appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 160. ..Category: Criminal Law, Women and Children | Date: 1 Apr, 2012 | Hits: 5
Md. Mostafa Vs. Bedena Khatun and another, 2012, 41 CLC (HCD)
....azi Md. Mamunur Rashid, Assistant Attorney General- For the State-opposite Party. Criminal Miscellaneous Case No.2936 of 1997. Judgment Md. Ruhul Quddus J.- This Rule at the instance of the sole accused was issued on an application under section 561A of the Code of Criminal Procedure for q......int before the Nari-o-Shishu Nirjatan Damon Tribunal, Bogra upon which the learned Judge took cognizance of offence under section 6 (1) of the Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain (hereinafter called the Ain) against the accused and issued warrant of arrest against him by order dated 9.11.199......no merit, is discharged. The stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Soumendra Sarker J.- I agree. Ed. This Case is also Reported in: ..Category: Women and Children | Date: 1 Apr, 2012 | Hits: 158
Anti-Corruption Commission Vs. Unipay 2U Bangladesh Ltd., 2010, 39 CLC (HCD)
....Petitioner Vs. Unipay 2U Bangladesh Ltd……………………Opposite Party Judgment March 22, 2012. Result: The Rule is made absolute. Lawyers Involved: Md. Khurshid Alam Khan, Advocate - For the Petitioner. ......ccount of accused persons is not proper hence, the learned Metropolitan Sessions Judge, Dhaka committed serious illegality in allowing the revisional application and, as such, an interference is called for by this Division for securing ends of justice. 8. Mr. Sk Golam Hafiz, the learned Ad......48(1)2011 is hereby quashed. The trial Court is directed to proceed with the said case immediately in accordance with law. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 444. ..Category: Anti-Corruption Laws | Date: 22 Mar, 2012 | Hits: 138
Chittagong Zilla Parishad Vs. Nurul Haque and others, 2012, 41 CLC (AD)
....r acquisition of rent receiving interest by the government Nabid Ali continued payment of rent in favour of the government for the suit land. Nabid Ali died leaving behind wife Sharfun Nessa, two sons Saleh Ahmed and Siddique Ahmed and one daughter Salema Khatun. P.S. khatian No.3345 was prepare...... with survey staff. That Nabid Ali being a mere bargadar had no title in the suit land and as such the plaintiff could not acquire any right, title and possession in the suit land by virtue of his so-called purchase from the heirs of Nabid Ali. 5. The trial court, on consideration of the eviden......the paper book out of court in accordance with Rules. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 760. ..Category: Property Law | Date: 19 Mar, 2012 | Hits: 76
....t:
The appeal is allowed.
Following the circumstances of the case, according to the principle of law as laid down, the 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 decla...... the provision of Rule 9 of the Companies Rule 2000. Rule 9 of the Companies Rule 2000, provides that:
“In all courts having jurisdiction under this Act shall be kept and maintained a book called “the Register of Company matters” in which shall be entered and numbered serially......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.
..
Category: Company Law | Date: 19 Mar, 2012 | Hits: 689
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