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Abdul Jalil Molla and others Vs. Mahtab Uddin Biswas, 2009, 38 CLC (AD)

....ivil Revision No. 925 of 2004. 2. The petitioner Nos.1 to 3 filed a suit being the Title Suit No. 301 of 1976 in the First Court of Subordinate Judgi Kushtia, against Mahtabuddin Biswa the predecessor of the present respondents, praying for a declaration of titl in the suit-land with a further de...... submitted only a certified copy of the same. This was not accepted by the Appellate Court as secondary evidence. 9. The High Court Division found that the defendant in Title Suit No. 301 of 1976, called for the concerned volume from the office of the District Registrar, Kushtia. Accordingly, one......ngs of the High Court Division. Under such circumstances, these petitions merit no consideration and accordingly, those are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 1004. ..

Category: Property Law | Date: | Hits: 46

M/s. Bangladesh Catfish Limited and others Vs. Sunny Fish Agency and Trading and others, 2010, 39 CLC (AD)

....6,18,57,952 with interest pendente lite against the petition­ers (defendants) and the respondent No. 2 (defendant No.1). Its case in short is that the defendant No.7 appointed the plain­tiff as its sole agent to supply fish feed produced by it to different fish producing firms by a deed of agreeme......f the High Court Division observed that the plaintiff having not claimed any relief against the defendant No. 7, any finding relating to the transaction between the plaintiff and defendant No. 7 is uncalled for. We fully agree with the views taken by the learned Judges of the High Court Division. If......laintiff was supplying the fish feed the affairs of its company was being managed by the defendant No.7 and assumed it's liability by executing an agreement. The defendant No.3 hav­ing incurred huge loss, it became a los­ing concern and the plaintiff knowing the said financial condition supplied t..

Category: Civil Law | Date: | Hits: 96

Shahadat Hossain (Md.) Vs. Base Textile Ltd., 2000, 29 CLC (HCD)

....dent No. 1, Base Textile Limited, a private limited company was incorporated under the law of Bangladesh on 27-4-1993 (True copies of the Certificate of Incorporation and Memorandum and Articles of Association of the Company are marked as Annexure-A, A-1). 2. The Company was incorporated with an ......prior decision of the Board to draw the conclusion that the resolutions were adopted properly and legally. 29. From Annexures 3 and 4, the notices, by which two Extraordinary General Meetings were called on 15-10-2000 and 25-10-2000, it further appears that it was the company secretary who conven......application is thus allowed in part. The order restraining the respondent No. 2 from operating the bank accounts of the Company is vacated. Ed. This Case is also Reported in: 54 DLR (2002) 583. ..

Category: Company Law | Date: | Hits: 247

Hamidul Huque, Managing Director, United Commercial Bank Ltd. and another Vs. Akhtaruzzaman Chowdhury, 2005, 34 CLC (AD)

....t Petition No.3 of 2003 arising out of Company Matter No.2 of 2000 convicting the appellants for contempt of Court and sentencing them to pay fine of Tk.2000/- each, in default, to suffer simple imprisonment for 15 days. 2. The facts which led to the contempt petition, inter alia, are that the r......uffer simple imprisonment for 15 days. 2. The facts which led to the contempt petition, inter alia, are that the respondent is a sponsor shareholder of the United Commercial Bank Ltd (hereinafter called "the Bank") and he was the first elected Chairman of the Board of Directors of the said Bank ...... above, we find no cogent reason to interfere with the impugned order of the High Court Division. In the result, the appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 971...

Category: Criminal Law | Date: | Hits: 60

Alizan Shaikh Vs. Moniruddin, 2010, 39 CLC (AD)

....Judgment Shah Abu Nayeem Mominur Rahman J.- Instant petition under Article 103 of the Constitution is for granting leave to appeal against the judgment and order dated 16.02.2009 making the Rule absolute issued in Civil Revision No.885 of 2004 by the High Court Division setting aside the judgment......of the view that the High Court Division on proper consideration of the materials on record made the Rule absolute decree­ing the suit and hence no interference in the impugned judgment and order is called for. The petition is accordingly dis­missed. Ed. This Case is also Reported in: VII ......decree­ing the suit and hence no interference in the impugned judgment and order is called for. The petition is accordingly dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 960...

Category: Property Law | Date: | Hits: 51

Dhaka City Corporation, Nagar Bhaban, P.S.-Ramna, Dhaka Vs. G. M. Mustafizur Rahman and others, 2009, 38 CLC (AD)

....o.1-petitioner No.1 under signature of respondent No.2-petitioner No.2 direct­ing the petitioner-respondent to remove all structures from the Gulshan Shishu Park (Wonderland) within seven days and also for direction upon the respon­dent No.1-petitioner No.1 to consider the application of the petit......nt and establish­ment of Wonderland from the premises of Gulshan Shishu Park. The Court also acknowledged that the Wonderland was a wonderful amusement centre whose necessity could not be denied and called upon the respondent Nos. 1 and 3 to immediately assign an alternative site where Wonderland c...... accordingly the leave petition is dis­missed without prejudice to the earlier orders passed by the High Court Division and this Division. Ed. This Case is also Reported in: VII ADC (2010) 953. ..

Category: Property Law | Date: | Hits: 55

Dr. Manzoor Rasheed Chowdhury Vs. Principal, DMC Dhaka and others, 2000, 29 CLC (HCD)

....istry of Health and Family Welfare, Government of Bangladesh, in its recent deputation policy circulated by memo dated 3-2-98 (Annexure-E) for Post Graduate Education of the BCS (health) cadres has also fixed age limit up to 45 years. The other affiliated colleges and institutes including Non-Govern......to fix age limit up to 40 years for the Government candidate is not tenable. Firstly because Academic Council cannot have any authority to change the Government and University policy secondly, the so-called Post Graduate Cell of Academic Council had no legal entity, though the learned Counsel for th......ission test and by increasing one seat by the respondents. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 578. ..

Category: Others | Date: | Hits: 100

Chairman, Chittagong Port Authority Vs. Safiuddin and others, 2010, 39 CLC (AD)

....er Article 103 of the Constitution is for granting leave to appeal against the judgment and order dated 22.01.2009 passed in Civil Revision No.227 of 2003 by the High Court Division making the Rule absolute and thereby setting aside the judgment and order passed in Miscellaneous Case No.51 of 2002 b......t has no power to set aside an ex parte decree for ends of justice or for any cause other than its satisfaction that the defendant was prevented by suffi­cient cause from appearing when the suit was called on for hearing. The defendants have miserably failed to satisfy the Court in that regard and ......ived at by the High Court Division is an accor­dance with law and no interference is called for. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 931...

Category: Civil Law | Date: | Hits: 63

Md. Sharif Hossain Vs. Md. Abdul Jalil and another, 2009, 38 CLC (HCD)

....aintiff-petitioner performed Taleb-i-mowasibat on 01.07.87 and thereafter, taking certified copy on 7.7.87 of the sale deed the plaintiff definitely came to know that ‘kha’ schedule land has been sold out to the defendant No.1 by the defendant No.2 and on the same day he performed Talab-i-ishat ......) 359 has also no manner of application in the facts and circumstances of the case as the facts of the instant case are quite distinguishable from the facts of that case. No interference is therefore called for in this case. In view of my discussions made in the foregoing paragraphs vis-a-vis the......Rule is discharged without any order as to cost. Let a copy of the judgment along with lower Court’s record be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 744...

Category: Property Law | Date: | Hits: 39

Abdul Jalil Miah and another Vs. Siddiqur Rahman, 2009, 38 CLC (HCD)

....an No. 175 corresponding to S.A. Khatian Nos. 43 and 13 corresponding to R.S. D.P. Khatian No. 301 butted and boundary by: On the north house of Noorjaha Begum, Abdul Momin and Siddique. On the south House of Abdul Huq and others. On the east Road On the west House of Abdur Razzak. Sc......longed to defendant for constructing a 12’ ft. road to go to the house of the plaintiff. The learned Counsel next submits that the basis of the claim of the defendants over the suit land was the so-called Salishnama of exchange executed on 6-6-68. When the defendants managed to record the suit lan......e rule is made absolute without any order as to the costs. Lower Courts records be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 735. ..

Category: Property Law | Date: | Hits: 39

Azizul Hoq Vs. Administrator of Waqf, Government of Bangladesh and others, 2001, 30 CLC (HCD)

....etition are that one Dagon Majumder made a Waqf of his property by a registered deed of Waqf dated 16-10-1878. According to the terms and conditions of the said Waqf deed the waqif appointed his only son Ashraf Majumder as the first Mutwali of the Estate. It was recited in the said waqf deed that af......r committed offence under section 32 of the Waqfs Ordinance which led to his removal and as such, there is no question of infringement of any fundamental rights. He argued that the writ petition is uncalled for and the petitioner is not entitled to get any relief under Article 102 of the Constitutio......, the Administrator may, on his own motion or an application of any person, remove a Mutwalli: (i) for breach of trust, mismanagement, malfeasance or, (ii) for any act of the mutawalli causing loss of waqf property or affecting the proper administration, control or preservation of the waqf, o..

Category: Trust/Waqf Law | Date: | Hits: 180

Md. Osman Gani & others Vs. Begum Tofatun Nahar & others, 1988, 17 CLC (HCD)

....to con­test and oppose the prayer for temporary injunction. 3. The plaintiff-petitioners' case in brief is that the opposite party No.1 filed Partition Suit No. 102 of 1976 impleading the predecessors of the plaintiffs namely Nazirul Islam as defendant No. 1 and Nesarul Islam as defendant No. 16......out any order as to costs. The impugned order of the Courts below is upheld. The ad-interim order of stay grant­ed by this Court is vacated. Ed. This Case is also Reported in: 41 DLR (1989) 151....... discussing this important question and coming to a finding on the same. The learned Advo­cate also submits that unless the injunction is grant­ed, the plaintiff-petitioners will suffer irreparable loss, but the courts below also failed to determine this question and as a result there has been a f..

Category: Procedural Law | Date: | Hits: 80

Md. Torab Ali Vs. Bangladesh Textile Mills Corporation & another, 1989, 18 CLC (HCD)

....isconduct under Clause 66(b) of the Bangladesh Textile Mills Corporation (Service) Regulations, 1981. The charges were the same as in the earlier show cause notice. A statement of allega­tions was also enclosed. The petitioner submitted a written statement on 24.8.85 (Annexure D-l). He re­ceived a....... Writ Petition No. 489 of 1986 Judgment Mustafa Kamal J.- In this Rule Nisi ob­tained under Article 102 of the Constitution of the People's Republic of Bangladesh the respondents have been called upon to show cause as to why the order of dismissal form service as contained in Memo. No. SE......pondents still prefer to differ from the enquiry officer. In the result, the Rule Nisi is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 138...

Category: Employment/Service Law | Date: | Hits: 73

Amar Kumar Nag @ Ratu Nag Vs. State, 1989, 18 CLC (HCD)

.... in Sessions Case No. 403 of 1982. 2. Facts are that on 7.9.82 Rahmatuddin Ah­med, the informant was standing on the western side of the Chay Ani Tank in Tangail Town and having a discussion with some of his companions at about 7 A.M. on 7.9.82 when accused Ratu came thereto by a rickshaw when t......t two of his teeth and dislocating few others in the process. 10. It was thus, caused by a single blow and the falling of the tooth was immediate. It is on record that the accused reacted on being called as thief, which would be the natural reaction of an ordi­nary but a gentleman if addressed a......ismissed with the conviction and sentence altered as above. Communi­cate the result to the court below and send the records expeditiously. Ed. This Case is also Reported in: 41 DLR (1989) 134. ..

Category: Criminal Law | Date: | Hits: 35

Trading Corporation of Ban­gladesh Vs. MV Corina & others, 1988, 17 CLC (HCD)

.... for her to reach the port of destination without salvage/towage and that the ship owner defendant No. 3 appointed salver and declared general average. The plaintiff on receipt of the Telex Massage also from Poseidon Average Ad­justers (London) Ltd. dated September 21 and 23, 1988 came to learn tha....... CORINA and also stated that unless the ship is arrested it will have no reme­dy the ship going out of tidal water of Bangladesh. 4. Upon hearing the petition on 17.11.88 op­posite parties were called upon to show cause as to why the ship M.V.CORINA defendant No. 1 should not be arrested and d......urisdiction of the High Court Division of the Supreme Court of Bangladesh for U.S. # 5,80,000.00 equivalent to Taka 1,91,40,000.00 against the principal defendants on the allegations that it suffered loss to the tune of the said amount in furnishing salvage security and a general average guarantee f..

Category: Admiralty Law or Maritime Law | Date: | Hits: 175

Government of Bangladesh and others Vs. Mariam Begum and others, 2009, 38 CLC (AD)

....is wife the plaintiff-respondent No.7 are the admitted own­ers of the suit-land by purchase from one Abdul Ali, purchaser from the C.S. recorded tenant. The plaintiff-respon­dent Nos.1 to 6 are the sons and daugh­ters of late Rustam Ali. A building plan in the name of Rustam Ali and the responden......quiry to ascertain whether a Bazar was established by the owner of the suit land or it was established by any other persons without obtaining consent of the owner of the suit land and no evidence was called either from local people or shop keepers to ascertain who established the Bazar on the suit l......n, passed in dismissing the Civil Petition for Leave to Appeal. Since no new point has been raised this petition for review is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 906...

Category: Property Law | Date: | Hits: 33

Solaiman (Md.) and others Vs. Md. Mosharaf Hossain Khan and others, 2002, 31 CLC (HCD)

....a Hossain 1992 BLD 60; DLR 1955 Lah 3; AG, West Pakistan vs. Shabir Ahmed 15 DLR (SC) 355; Tahera Nargis vs. Shamsur Rahman 1990 BLD 73 = 41 DLR 508; LD Jackwel vs. State of UP AIR 1984 (SC) 1374; Passotam Saram vs. Barlnanand (ILR 50 All 41). Lawyers Involved: MA Samad with MGH Ruhullah, Adv...... 16-7-2001 when a Rule nisi was issued upon the respondents and pending hearing of the Rule the respondents were restrained from holding the election of the Bangladesh Swimming Federation hereinafter called “the federation” on 22-7-2001. It is alleged that the contemner respondents were verbally......heir service book. A copy of this judgment be sent to the Secretary, Ministry of Sport and Ministry of Establishment for necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 531...

Category: Civil Law | Date: | Hits: 70

Managing Director, Bakhrabad Gas Systems Limited and others Vs. Md. Nizamul Islam and others, 2010, 39 CLC (AD)

....e People's Republic of Bangladesh is directed against the judg­ment and order dated the 20th day of October, 2009 passed by the High Court Division in Writ Petition No.7835 of 2008 making the Rule absolute with direction to issue the 'Letter of Consent' in favour of the writ-petitioner. 2. The f......reparation of paper books is dis­pensed with as prayed for. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 857. ......except the "Letter of Consent" of Bakhrabad Gas Systems Ltd. As a result the petitioner is not in a position to open a Letter of Credit (L/C) for importing neces­sary machineries, due to which heavy loss has been causing to him. Again on 23.04.2008 he gave a reminder requesting the Respondent No.3 ..

Category: Others | Date: | Hits: 82

Idrisur Rahman (Md.) and others Vs. Secretary, Ministry of Law, Justice and Parliamentary Affairs, Government of the People's Republic of Bangladesh, 2008, 37 CLC (HCD)

....77 SC 235; S P Gupta vs. President of India AIR 1982 SC 149; Subesh Sharma vs. Union of India AIR 1991 SC 631; SC Advocates-on-record vs. Union of India: AIR 1994 SC 268; Madras City Wine Merchants Association vs. State of Tamilnadu (1994) 5 SCC 509; Special Reference No. 1 of 1998, Re: (1998) 7 SCC......y-General and, as such, he represented the State in number of landmark cases. He had number of briefs, more than 2000. He never requested anybody to appoint him as Additional Judge. The Chief Justice called them and took their consent for appointment as Additional Judge of the High Court Division. K......f this Court directs the respondent in that regard. It is accordingly, ordered. The short order is treated as part of this judgment. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 523. ..

Category: Constitutional Law | Date: | Hits: 252

Ismail Miah Vs. Bangladesh and others, 2009, 38 CLC (AD)

....ide L.A. Case No. 12/2006-2007 for Sylhet Gas Fields Ltd. to establish a process plant/an oil drill well. Due to acquisition of lands of the petitioner and others, they suffered immense loss as their source of income curtailed heavily; that those lands were the inherited property of the petitioner a...... the above, we find no sub­stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 811.......red the same vide L.A. Case No. 12/2006-2007 for Sylhet Gas Fields Ltd. to establish a process plant/an oil drill well. Due to acquisition of lands of the petitioner and others, they suffered immense loss as their source of income curtailed heavily; that those lands were the inherited property of th..

Category: Property Law | Date: | Hits: 25