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Dr. Moos Bin Shamsher Vs. Ayub Ali and others, 2012, 41 CLC (HCD)
....o support the finding of the trial Court that the power/right to sell a property falls within the ambit of 'bona fide requirement' as per section 18(i)(e) of the Ordinance and, as such, Court completely misinterpreted the said legal concept. Plaintiff Nos.1 and 4 initially deliberately made ...... (Civil Appellate Jurisdiction) Present: Sharif Uddin Chaklader J Krishna Debnath J Dr. Moos Bin Shamsher.....................Defendant-Appellant Vs. Ayub Ali and others..........................Plaintiff-Respondents Judgment May 7, 2012. Resul......ader J.- Appeal from Original Decree No.181 of 2010 and Civil Revision No. 4570 of 2009 by contesting defendant having arising out of the self same cause of action and having related to the same property are taken up together and this judgment would governed both these appeal and Rule. ...... 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)
....thereafter, the petitioner filed an application for rehearing of the matters after recalling the unsigned orders on the ground that all the learned counsel for the petitioner could not complete their submissions and therefore, for ends of justice the learned counsel may be afford......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 and others......................Petitioners (In Civil Petition No.641 of 2011) Vs. Banglad...... grounds taken in the writ petition challenging the legality of the impugned orders are based on issues relating to interpretation of law and where the construction of law is to be considered, a proper adjudication as required by all constitutions can not be done in a vacuum or without consider......s taken in the writ petition challenging the legality of the impugned orders are based on issues relating to interpretation of law and where the construction of law is to be considered, a proper adjudication as required by all constitutions can not be done in a vacuum or without consideration o..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)
....y should not be set-aside and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Pending hearing of the Rule, the petitioners were permitted to complete the construction of the 3rd floor at their own risk. 3. Fact relevant for t......ported in: 18 BLC (HCD) (2013) 285. ......11 passed by the learned District Judge, Dhaka in Arbitration Miscellaneous case No.477 of 2010 granting injunction restraining the second party/petitioners from making any construction over the suit property should not be set-aside and/or pass such other or further order or orders as to this Court ......es 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 sha..Category: Arbitration Law | Date: 3 May, 2012 | Hits: 18
Govt. of Bangladesh and others Vs. Md. Nurul Alam, 2012, 41 CLC (AD)
....ng afresh and to dispose of the same on merit in the light of the observations made and the findings given hereinbefore. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 97. ......reme Court Appellate Division (Civil) Present: Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Govt. of Bangladesh and others ...........................Petitioners Vs. Md. Nurul Alam.......................... on the date fixed for hearing in allowing an application for restoration or setting aside an ex-parte order. But the Administrative Appellate Tribunal failed to consider the said sub rules in its proper perspective. In view of the language of sub-rule (7) of rule 6 of the Rules, 1982, prescribi......ng afresh and to dispose of the same on merit in the light of the observations made and the findings given hereinbefore. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 97. ..Category: Administrative Law | Date: 29 Apr, 2012 | Hits: 12
Sarwar Kamal Vs. State, 2012, 31 CLC (HCD)
....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. ...... April 25, 2012. Result: The Rule is discharged. Jurisdiction of the Criminal Bench of the High Court Division in deciding Constitutional matters The Court cannot fold its hand in despair and declare 'judicial hands off'. So long as the question arises whether an authority...... be exercisable arbitrarily or mala fide and ordinarily, guideline for fair and equal execution are guarantors of the valid play of power and when the mode of power of exercising a valid power is improper or unreasonable, there is an abuse of power……………………………….(40) 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
Md. Salim Hossain and other Vs. Artha Rin Adalat, Munshigonj and other, 2012, 41 CLC (AD)
....chaser-petitioner in Civil Petition for Leave to Appeal No.409 of 2010 submits that in view of section 26 of the Artha Rin Adalat Ain, 2003 (in short, the Ain) the jurisdiction of Artha Rin Adalat is completely ousted to review its order dated 17-10-2005 and to allow the application dated 17-10-2005......etition No. 429 of 2010) None represented—For the Respondent (For Civil Petition No. 640 of 2010) Civil Petition for Leave to Appeal Nos. 429 with 640 of 2010. (From the judgment and order dated 18.11.2009 passed by the High Court Division in Writ Petition No.7309 of 2006) ......unt, the decree-holder Bank on 31-01-2001 filed Artha Rin Execution Case No.02 of 2001. In the Execution case after completion of all legal formalities, notice was published for sale of the mortgaged property of the judgment debtor in auction but no bidder participated in the auction on 05-11-2003, ......e in both the Civil Petitions for Leave to Appeal. Accordingly, both the Civil Petitions for Leave to Appeal are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 154. ..Category: Civil Law | Date: 19 Apr, 2012 | Hits: 151
Government of Bangladesh and others Vs. Md. Badal and another, 2012, 41 CLC (AD)
....ction 25B of the Special Powers Act, 1974 which are now pending before the Special Tribunal for trial. Thus, from the pleadings of the respective parties, it is obvious that they had put forward completely contrary versions as to the non-declaration of bringing gold with them under the Bagga...... Md. Muzammel Hossain CJ SK Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Shamsul Huda J Government of Bangladesh and others........Appellants Vs. Md. Badal and another……………………………R...... case should be resolved there. If the party which initiated the case fail to prove the case, then the aggrieved person shall have the liberty to lay their claims e.g. on the seized gold before the proper authority under the relevant law. In such instances, the High Court Division should not ente......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)
.... 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. ......mmel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Abdul Gaffar and others..............................................Petitioners Vs. Sree Sree Radha Ma...... Secretary Mr. Padmakesh Deb and others praying for declaration of their title in the suit land and for permanent injunction and also for declaration that the settlement of the suit land as enemy property in favour of the defendant No.3 by the defendant No.2 was illegal. 4. The case of th...... 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
Most. Umme Shaheda Akhter Rina & othersVs. Ayub Ali and others, 2012, 41 CLC (AD)
....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. ......na & others..................Petitioners (In Civil Petition No. 94 of 2010) Md. Habibur Rahman & others ..........Petitioners (In Civil Petition No. 397 of 2010) Vs. Ayub Ali and others.........................................Respondents (In both the Cases) Judgment ...... 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 of a dispute cannot be a groun......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. ..Category: Civil Law | Date: 16 Apr, 2012 | Hits: 92
Monsur Hossain (Md.) Vs. Rahima Khatun and others, 2012, 41 CLC (HCD)
....e No.1 of 1992 and added the name of the plaintiff as opposite-party No.2 and started depositing rent in the name of original landlord as well in the name of the plaintiff and, as such, attomment was completed but the trial Court has committed an error of law holding that no attornment was made. In ......upreme Court High Court Division (Civil Revisional Jurisdiction) Present: Shahidul Islam J Monsur Hossain (Md.)........................Petitioner Vs. Rahima Khatun and others…………………Opposite-Parties Judgment ......d by the Senior Assistant Judge, 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 pe......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. ..Category: Property Law | Date: 12 Apr, 2012 | Hits: 6
Anti-Corruption Commission Vs. Monjur Morshed Khan & three another, 2012, 41 CLC (AD)
....g with them, the provisions of the Code shall not apply in such cases. Where no such procedure has been provided for, the normal procedure in the Code shall be applicable. The Commission Ain contains complete procedure for inquiry, investigation, institution of cases and conducting such cases a......ocate-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 dated 8-12-2009 passed by the High Court Division in Criminal Appeal No. 3099, 5249, 5250 ......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. ......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. ..Category: Anti-Corruption Laws | Date: 12 Apr, 2012 | Hits: 212
Commissioner of Customs Vs. Faridul Alam, 2012, 41 CLC (AD)
....7-4-2009 to him, once again requesting him to co-operate in re-examining the goods, on 30-4-2008, but this time also, he did not respond. Bill of entry was submitted on 6-4-2009 and assessment was completed on 8-3-2008 i.e. within 2(two) days as per rule. The delivery of the goods were held up a......General, instructed by Md. Zahirul Islam Advocate-on-Record—For the Appellants. Sufia Khatun, Advocate-on-Record—For Respondent. Civil Appeal No. 478 of 2009. (From the judgment and order dated the 7th day of May, 2009 passed by the High Court Division in Writ Petition No.2775......ricted item and made representations to the Commissioner of Customs, Customs House (Import), Chittagong on 12-4-2009 and 22-4-2009 for permission to melt the goods in his furnace in presence of the proper authority. He further submitted that the goods having been imported under mis-declaration an....... Accordingly, the appeal is allowed. The impugned judgment and order is set-aside. There will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 133. ..Category: Fiscal/Taxation Law | Date: 11 Apr, 2012 | Hits: 9
Palash Barua & others Vs. Anil Kumar Barua and others, 2012, 41 CLC (AD)
....d reason to interfere with the impugned judgment and, as such, the Civil Petition for Leave to Appeal No.395 of 2010 is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 96. ......on (Civil) Present: Surendra Kumar Sinha J Md. AWahhab Miah J Md. Imman Ali J Md. Shamsul Huda J Palash Barua & others ...............Petitioners Vs. Anil Kumar Barua and others............Respondents Judgment April 9, 2012. Result: The Petition is dismis......ed him as party in the suit contending inter alia that the submission of the plaintiff petitioners that when the deed in question was registered the added defendant was minor and he did not claim the property within 3 years from the date of attaining his majority and, as such, he cannot be added as ......Advocate for the respondents herein submitted that since the applicant was minor at the relevant time his father cannot sell his property and, as such, he a necessary party in the suit and for proper adjudication the applicant was required to be added as party. 3. The learned District Judge after..Category: Procedural Law | Date: 9 Apr, 2012 | Hits: 30
....bally by the learned advocate ".
Respondent No.10 and respondent Nos.7-12 became the shareholder Directors of Exim Bank on 02.06.1999, that is, when the company came into being and they all completed their three full terms as sponsor Directors of the Exim Bank and as per the law prior to t......urt
Appellate Division
(Civil)
Present
Md. Muzammel Hossain CJ
Surendra Kumar Sinha J
Md. Abdul Wahhab Miah J
Muhammad Imman Ali J
Md. Mazakat Ali Harun and Others……………………….Petitioners
......
19. Accordingly, this leave petition is disposed of in the following terms:
(a) Respondent No.1, Exim Bank Ltd. is directed to call and hold 9th AGM afresh to transact Agenda No.4 by giving proper notice by 30th June, 2012 and then to call and hold 10th, 11th and 12th AGMs by 31st August, ...... in respect of the 'agenda to elect the Directors' of the Board of Directors of the Bank Company.
Ed.
This Case is also Reported in: 32 BLD (AD) (2012) 115, 18 BLC (AD) (2013) 68.
..
Category: Company Law | Date: 9 Apr, 2012 | Hits: 223
Majad Hossain and another Vs. State, 2012, 41 CLC (AD)
....r in due course of the cheque within thirty days of the receipt of the notice served under clause (b) of the proviso to sub-section (1) of section 138, though the offence shall be deemed to have been completed after the cheque is returned unpaid i.e. dishonoured on any of the grounds mentioned there......Ali J Md. Shamsul Huda J Majad Hossain…………………………Petitioners Vs. The State…………………….. Respondents (In Criminal Petition No. 364 of 2010) M.A. Hossain and Others…………Petitioners Vs. The State…………………….. Respondents (In Cri...... leave to appeal. 8. Mr. Sk Zulfiqur Bulbul Chowdhury, learned Counsel appearing for the petitioners in both leave petitions, has submitted that the High Court Division failed to appreciate in its proper perspective that the 6 (six) signed postdated blank cheques involved in the respective case......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. ..Category: Banking Law | Date: 8 Apr, 2012 | Hits: 618
ABC Attire Ltd. Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....f the deed of sale in favour of the auction purchaser and delivery of possession of the property to him on 31-10-2010 the petitioner obtained the rule. He lastly contends that once an auction sale is completed no relief is available against such auction sale but the mortgagee may proceed against the......ourt High Court Division (Special Original Jurisdiction) Present: Zinat Ara J JBM Hassan J ABC Attire Ltd………………….......Petitioner Vs. Bangladesh and others……………...Respondents Judgment April 4, 2012. Result: The rule......, the Bank filed Title Execution Case No.160 of 2003 and the execution case was disposed of by issuing a certificate under section 33(5) of the Ain for khas possession and right to sell the mortgaged property in favour of the Bank on 24-2-2008. Thereafter the Bank filed Title Execution Case No.132 o...... The order of stay granted earlier by the Court stands vacated. Communicate the Judgment to respondent No.10 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 399. ..Category: Civil Law | Date: 4 Apr, 2012 | Hits: 45
M/S. Talukder Chemicals Limited Vs. Government of Bangladesh and others, 2012, 41 CLC (HCD)
....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: ...... J M/S. Talukder Chemicals Limited, represented by its Managing Director, Mozzamel Haque Talukder alias H.M. Talukder…..........Plaintiff-appellants Vs. Government of Bangladesh and others…………............Defendant-respondents Judgment April......li and Toyeb Ali as his heirs and they inherited the same. Kolom Miah got an area of 18 decimals of land in C.S. plot No.167 vide an amicable partition and Jobed Ali and Toyeb Ali got the rest of the property in their shaham. Thereafter, Kolom Miah transferred an area of 18 decimals of land in the C......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: ..Category: Evidence Law | Date: 3 Apr, 2012 | Hits: 113
Anti-Corruption Commission Vs. Unipay 2U Bangladesh Ltd., 2010, 39 CLC (HCD)
....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. ...... Judgment Md. Reazul Haque J.- On an application under section 561A of the Code of Criminal Procedure, Rule was issued calling upon the opposite parties to show cause as to why the Judgment and order dated 14-6-2011 passed by the Metropolitan Sessions Judge, Dhaka in Metro Criminal Revisio......1) 2011 under section ২(ট)(অ)/৪(২) of the Money Laundering Protirodh Ain, 2009 should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Facts of the case, in short, are that one Md. Towfiqul Islam, Assistant Director, An......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
.... 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: 64 DLR (AD) (2012) 113.
......
Rokonuddin Mahmud, Senior Advocate with Mahbub Ali, Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record—For Respondents.
Civil Appeal No.59 of 2011.
(From the judgment and order dated 23-11-2009 passed by the High Court Division in Writ Petition No.7625 of 2009).
......ourt Division but it did not refer and discuss them. It noticed the above judgment of this Division. Anyway, in presence of a judgment of this Division on the same subject matter, we feel it not proper to consider the other judgments of the High Court Division, if there be any.
6. In that ...... 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: 64 DLR (AD) (2012) 113.
..
Category: Employment/Service Law | Date: 22 Mar, 2012 | Hits: 151
Mokbul Hossain Mridha and others Vs. Md. Shamsul Haq Sarder and others, 2012, 41 CLC (AD)
....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. ...... Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Shamsul Huda J Mokbul Hossain Mridha and others........................Appellants Vs. Md. Shamsul Haq Sarder and others..............espondent Nos.2-19, on the other hand, supports the impugned judgment and order. He further submits that the High Court Division has inherent jurisdiction to set aside its own judgment and order in a proper case and that the present case being an exceptional one the High Court Division exercised its......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. ..Category: Procedural Law | Date: 20 Mar, 2012 | Hits: 88
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