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Md. Golzar Hossain, Advocate Vs. Janata Bank, Ullapara Branch, Sirajgonj, 2012, 41 CLC (AD)

....tal amount and again after dismissal of the miscellaneous appeal filed the revision application before the High Court Division by depositing 75% of the decreetal amount. Thus, there was no procedural defect or loopholes in filing the revision application by the petitioner and admittedly the Rule was......xecution case, notice was published for auction sale of the mortgaged property. The petitioner participated in the said auction on 21.01.2008, but failed to succeed. Thereafter, the petitioner as 3rd party claimant to a part of the auction sold property (hereinafter referred to as the property in qu..

Category: Civil Law | Date: 8 Jul, 2012 | Hits: 143

Safi Uddin Vs. District Judge, Dhaka & others, 2012, 41 CLC (AD)

...., namely: American Express Bank Limited (the defendant in the summary suit) in the writ petition, impugning the judgment and decree passed by the District Judge styling the same as order, besides the defect in formulating the grounds and couching the prayer as pointed out hereinbefore and thus, fell......prove consideration for the instrument or instruments in question in accordance with the provisions of rule 3 of Order XXXVII of the Code; the defendant, American Express Bank Ltd, (it was not made a party in the writ petition as already stated hereinbefore) is a Banker within the meaning of section..

Category: Civil Law | Date: 8 Jul, 2012 | Hits: 108

City Bank Ltd Vs. Labour Appellate Tri¬bunal and others, 2012, 41 CLC (HCD)

....xpected to take care of the unnecessary delay, if any, attempted by the petitioner in disposal of the appeal pending before him. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 471 ......, Dhaka in Appeal No. 349 of 2011 affirming the order dated 8-4-2011 passed by the respondent No.2, 2nd Labour Court, Dhaka in BLL(Appeal) Case No.199 of 2010 rejecting an application for addition of party filed by the petitioner for being added as respondent No. 2 in the said BLL Case No. 199 of 20..

Category: Constitutional Law, Labour and Industrial Law | Date: 7 Jul, 2012 | Hits: 2

Ancient Traders Limited and others Vs. Chittagong Port Atuthority, 2012, 41 CLC (HCD)

....and hence, have legal effect. In the result, the Rule is discharged. There will be no order as to costs. Abdur Rob J. - I agree. Ed. This Case is also Reported in: ......vide Article 58D of the Constitution the caretaker government was duty bound to discharge its routine functions and, in case of necessity, was duty bound to take policy decisions. Moreover, the non-party caretaker government gave the said approval being a routine function in order to increase th..

Category: Others | Date: 21 Jun, 2012 | Hits: 20

Dr. Tapan Kumar Dey Vs. State, 2012, 41 CLC (AD)

....controversial matters.” In view of the above, we find no merits in the leave petition. Accordingly the same is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 1. ......have a permanent prosecu­tion unit consisting of necessary number of prosecu­tors for prosecuting the cases investigated by it and triable by the Special Judge. So, the Commission was a necessary party to be impleaded in the appli­cation filed before the High Court Division under section 561A ..

Category: Anti-Corruption Laws | Date: 14 Jun, 2012 | Hits: 10

AK Azad and another Vs. Mostafizur Rahman and others, 2012, 41 CLC (AD)

....the plaintiff filed the suit. 4. Defendant No.1 contested the suit by filing written statement denying the material statements made in the plaint. His case, in short, is that the suit is bad for defect of parties and barred by law of limitation. The bainapatra dated 3-3-2002 is forged and is cr...... of plaint has become infructuous as the appeal is allowed. Therefore, the civil petition is dismissed as being infructuous. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 78. ..

Category: Property Law | Date: 13 Jun, 2012 | Hits: 27

Grameen Telecom Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)

....istrar, Supreme Court of Bangladesh is directed to take step under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 241   ......y;tion before the High Court Division and this Division by judgment dated 13-5-2010 passed in Writ Petition No.4723 of 2009 (Md. Yasin Miah and others Vs. Bangladesh and others), in which of us was a party, decided as under:— "We have already noticed that the 1st execution case was f..

Category: Fiscal/Taxation Law | Date: 3 Jun, 2012 | Hits: 4

Mehedi Hasan @ Modern (Md.) and others Vs. State, 2012, 41 CLC (AD)

....000 each in default to suffer rigorous imprisonment for 3(three) months more. The Jail Petition is disposed of accordingly. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 111. ...... person, the age has uniformally been written or mentioned under 16, i.e. may be 14 years, 15 years or just under 16 years and such mentioning of age is not disputed by the prosecution or the private party concerned, then no presumption/assumption/formation of a firsthand idea as to whether the pers..

Category: Criminal Law, Women and Children | Date: 3 Jun, 2012 | Hits: 30

Bangla Phone Limited Vs. Huawei Tech Investment Ltd. and another, 2012, 41 CLC (HCD)

....the service rendered by the respondent company to the petitioner may be finally adjudicated by the SIAC Arbitration. However, there shall be no order as to costs. This Case is also Reported in: ......instant application before this court. 14. On the point of law the learned senior counsel Mr. Ajmalul Hossain QC submits that under the Provisions of Section 7(ka) of the Arbitration Act 2001, any party unless otherwise agreed before or during continuance of the proceeding of the arbitration may ..

Category: Arbitration Law | Date: 3 Jun, 2012 | Hits: 61

Hedayetullah and others Vs. Foyjun Nessa Begum and others, 2012, 41 CLC (AD)

....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. ......s or numbers and where the area is mentioned, such description shall further state the area according to the notation used in the record of settlement or survey, with or without, at the option of the party, the same area in terms of the local measurement." 20. The above Rule reveals that the i..

Category: Property Law | Date: 30 May, 2012 | Hits: 33

Bimal Chandra Sen Vs. Md. Waliullah Chowdhury and others, 2012, 41 CLC (AD)

....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. ......filed an application under section 263 of the Succession Act, 1925 (the Act) for revocation of the Will as probated in the said probate case impleading Dolly Rani Sen alias Dolly Rani Roy as opposite-party stating, inter alia, that Harendra Kumar Sen executed a Will in favour of his son, Protish Cha..

Category: Civil Law | Date: 30 May, 2012 | Hits: 47

Government of Bangladesh and others Vs. Nurul Amin and anothers, 2012, 41 CLC (AD)

.... ten thousand only) to the detenue in Writ Petition No.3489 of 1999 to be paid by the Writ Respondent No. 2 are hereby set aside. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 352 ......e 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 meetings with the workers of Bangladesh Biman, Power..

Category: Constitutional Law | Date: 29 May, 2012 | Hits: 5

Md. Mintu Chowdhury Vs. Khurshid Nayeem and others, 2012, 41 CLC (AD)

....n the impugned judgment and order and consequently, no merit in the leave petition. Accordingly, the leave petition is dismissed. This Case is also Reported in: 18 MLR (AD) (2013) 46. ...... the 18th Sraban, 1350 B.S., alleged to have been executed by Satinath Bandapaddya filed Miscellaneous Case No.355 of 1968 impleading Peerzada Abdul Kashem and Mohammad Hossain Siddiqui as opposite party Nos.1 and 2 for correction of the record of right alleging that the same was wrongly prepared..

Category: Property Law | Date: 29 May, 2012 | Hits: 12

Aqua Culture Farms Limited Vs. Registrar of Joint Stock Companies and Firms, 2012, 41 CLC (HCD)

....he office is directed to inform the learned Advocate of the petitioner accordingly. Ed. This Case is also Reported in:            ......ection therewith. “39(a) To mortgage the property and assets of the company as security for loans and/or any credit facilities to be arranged for any associate company or companies or third party and also to give guarantee securing liabilities of such associate company or companies and/o..

Category: Company Law | Date: 28 May, 2012 | Hits: 32

Golam Ambia (Harun) Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....trkt-Mymensingh within 2(two) months from the date of receipt of this judgment. There is no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 379.   ......nistration dated 5-1-1984 (Annexure-G) that sections 143 and 144 of the Act are intended for the purpose of Maintenance of Record of Rights. After passing the decree since the respondent No.1 was the party and suit was decided and the appellate Court affirmed the judgment of the trial Court it is bi..

Category: Others | Date: 22 May, 2012 | Hits: 9

Md. Shahidul Islam Vs. State and another, 2012, 41 CLC (HCD)

....e, cognizable Court No.1 Pabna is hereby quashed. Send a copy of this judgment to the concerned Court immediately. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 545. ......under section 420/406 of the Penal Code, now pending in the court of Judicial Magistrate, Cognizance Court No.1 Pabna should not be quashed. 6. On receipt of the show cause notice the opposite party No.1 duly appeared and contested the Rule. 7. Mr. A.K.M. Shamsul Huq, the learned Advoca..

Category: Criminal Law | Date: 13 May, 2012 | Hits: 6

Maisha Corporation (Pvt.) Ltd Vs. Bangabandhu Sheikh Mujib Medical University (BSMMU) and others, 2012, 41 CLC (HCD)

....aimant-Company got the supply award. Unilateral change in the 2nd stage tender document does not also quality him to get the contract award, but the then authority of BSMMU overlooked all these vital defects and disqualifications. Those speak volume about malafideness and fraudulent practice, which ......cept the same and issue acceptance certificate. Then the claimant-company sent a notice dated 22-4-2008 to the BSMMU invoking clause -39.1 of the General Conditions of Contract (GCC) inviting the 2nd party to settle the dispute amicably, and the then Vice-Chancellor of the BSMMU constituted an Amica..

Category: Arbitration Law | Date: 10 May, 2012 | Hits: 16

Kali Mohan Das Vs. Mossammat Firoza Begum and others, 2012, 41 CLC (AD)

....written objection denying all the material statements of the application for pre-emption contending, inter alia, that the pre-emption application was not main­tainable in its form. It was bad for defect of parties. The pre-emptees' specific case is that before transferring the case land, sel......l of the appeal. The appeal will be heard along with the appeal arose out of the Civil Petition No.293 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 873; 9 ADC (2012) 862. ..

Category: Property Law | Date: 10 May, 2012 | Hits: 7

Abdun Noor and others Vs. Aziruddin and others, 2012, 41 CLC (AD)

....he appeal is allowed in part and the suit is decreed in respect of 1.11 acres of land in SS plot No. 3433 out of the suit land. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 127. ......Having considered both the parts of Sub-section 2, in general, we find that examination of the Commissioner is not mandatory for admitting the report of the Advocate Commissioner in evidence but if a party files objection against the report of the Advocate Commissioner and prays for examining him in..

Category: Property Law | Date: 8 May, 2012 | Hits: 112

Dr. Moos Bin Shamsher Vs. Ayub Ali and others, 2012, 41 CLC (HCD)

....roperty for personal accommodation any­more. Notice under section 106 of the Transfer of Property Act which is a mandatory pre-requisite for any lawful eviction was never received and in any case defective and/or not in due compliance with the above law for not giving the notice period required ......as per dura­tion or rent), a tenancy that is terminable at the will of either the framework or transferee and that has no designated period of duration. Such a tenancy may be terminated by either party upon fair notice' when tenancy duly created and the tenant put in posses­sion, he is o..

Category: Contract Law, Tenancy Law | Date: 7 May, 2012 | Hits: 7