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MN Alam Associated Ltd Vs. Chairman, Rajdani Unnayan Kartripakkhaya, 2012, 41 CLC (AD)
.... arbitration may proceed afresh in accordance with law. With the above observations and findings the appeal is disposed of. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 153. ...... arbitration may proceed afresh in accordance with law. With the above observations and findings the appeal is disposed of. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 153. ......the agreement and made part payment of the bills though it was verbally agreed to be paid at a time as arrears. The appellant continued to make appeal to the respondent-RAJUK for payment of remaining amount of bills vide its letters dated 9-11-1996, 16-11-1996, 24-11-1996, 2-12-1996, 9-12-1996, 29-1..Category: Arbitration Law | Date: 24 Jan, 2012 | Hits: 5
Atif Atiq (Md.) and another Vs. Nurun Nahar Begum and others, 2012, 41 CLC (AD)
....ion. The sale price of the above flat was fixed at Taka 30, 00,000. A tripartite agreement was executed accordingly. The plaintiff paid a sum of taka 8, 00,000 (eight lac) to defendant No.2 in 6(six) installments from 1-5-2000 to 2-6-2001. The plaintiff found the flat small in size in comparison wit......the supplementary agreement dated 16-8-2004. With the above observations, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 27, 18 MLR (AD) (2013) 65. ......it flat (flat No.4/B) and received taka 1, 36, 03,000 (one crore thirty six lac and three thousand) from the buyers. But, the suit flat remained unsold. Though defendant Nos.1 and 2 received the said amount from the buyers, they failed to complete the construction work or failed to undertake the con..Category: Property Law | Date: 22 Jan, 2012 | Hits: 87
Amzad Hossain Vs. Bangladesh Bank and others, 2012, 41 CLC (HCD)
....t. The order of stay granted earlier by this Court is hereby recalled and vacated. Communicate at once. Mustafa Zaman Islam J. - I agree. Ed. This Case is also Reported in: ......arned counsel appearing for the petitioner after placing the petition and the relevant Annexures with it mainly argued that the respondents without issuing any notice upon the petitioner violated the principle of Natural Justice without giving any hearing and most arbitrarily canceled the license of......on (i)……………………………………… (ii)……………………………………… (iii) may be granted to be effective for a specified period, or within specified amount, and may in all cases be revoked for reasons appearing to it sufficient by me Bangladesh Bank..Category: Banking Law | Date: 18 Jan, 2012 | Hits: 179
Shamsuddin Ahmed & others Vs. City Bank Ltd., 2012, 41 CLC (HCD)
....f 2008 are dismissed with these observation. Send down the lower Court records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 30. ......here is no reference of Review Committee or any one else, neither is there any direction to take consideration into any decision of any Review Committee or any other authority or person. It is settle principle that the execution court cannot go behind the decree. So the execution court does not have......rmed by the court…………(16) Whether the petition is maintainable without deposition of required security money- The requirement of depositing 25% of decreetal amount is mandatory since the consequence of not depositing 25% of decreetal amount is stipulat..Category: Civil Law | Date: 15 Jan, 2012 | Hits: 4
Millennium Holdings Limited Vs. Hilton International Co., 2012, 41 CLC (HCD)
.... interim order dated 24.8.2011 and the petition under Section 7(a) of the Arbitration Act, 2001 is rejected. However, there shall be no order as to costs. Ed. This Case is also Reported in: ...... interim order dated 24.8.2011 and the petition under Section 7(a) of the Arbitration Act, 2001 is rejected. However, there shall be no order as to costs. Ed. This Case is also Reported in: ......from the Bangladesh Railway on 19.10.2006 when a lease agreement was executed by and between the Bangladesh Railway and the petitioner pursuant to which the petitioner deposited bank guarantee for an amount of Tk. 2,54,14,000.00 and paid license fee to Bangladesh Railway for an amount of Tk. 63,53,4..Category: Arbitration Law | Date: 10 Jan, 2012 | Hits: 45
SS Enterprise Vs. Government of Bangladesh others, 2012, 41 CLC (HCD)
....tioner to represent his case properly. With this observation the Rule is disposed of. Communicate this order at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 86. ......tioner to represent his case properly. With this observation the Rule is disposed of. Communicate this order at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 86. ......9-10-2011 modified the ad-interim order passed in Civil Miscellaneous petition No.805 of 2011 allowing the release of the imported goods on furnishing a continuing bank Guarantee for the differential amount and accordingly the petitioner vide Annexure- 'K' to the Supplementary Affidavit furnished th..Category: Business or Commercial Law | Date: 10 Jan, 2012 | Hits: 102
Mohammad Ali Vs. State and another, 2010, 39 CLC (HCD)
.... referred to above, stating that accused-petitioner took loan from the Bank under different sanction letter order mentioned in the compliant-petition with a commitment to repay by sixty consecutive installments and in order to repay the loan account payee cheques were issued but ultimately all tho......ed with all the Criminal Miscellaneous Case mentioned above and sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 428. ......f section 138 of the Negotiable Instruments act there must be an existence of a 3rd person to whom cheque is to be issued for encashment where it is to bounced for insufficient fund or it exceeds the amount arranged to be paid from that account by an agreement made with that Bank; but in the instant..Category: Banking Law | Date: 10 Jan, 2012 | Hits: 452
Mahua Khair Vs. Amena Begum Ali Ispahani, 2012, 41 CLC (AD)
.... i.e. the Sub-Ordinate Judge (now Joint District Judge), Additional Court, Dhaka. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 172; 17 BLC (AD) (2012) 139; 9 ADC (2012) 924. ...... i.e. the Sub-Ordinate Judge (now Joint District Judge), Additional Court, Dhaka. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 172; 17 BLC (AD) (2012) 139; 9 ADC (2012) 924. ......upplemented (sic) by the Vendor-First Party due to the Purchaser-Second Party’s default, the Purchaser-Second Party shall be liable to pay liquidated damages to the Vendor-First Party of a lump sum amount of Tk. 5,00,000.00 (Taka five lacs) only. 6. That the Sale Deed shall be prepared by the..Category: Contract Law | Date: 10 Jan, 2012 | Hits: 1077
Syed Gulam Shariar Vs. Mohammad Abdul Mannan and others, 2012, 41 CLC (AD)
....e to appeal has no merit. In the circumstances this Civil Petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 214; 17 BLC (AD) (2012) 112. ......e to appeal has no merit. In the circumstances this Civil Petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 214; 17 BLC (AD) (2012) 112. ...... while purchaser opposite party No.1 was stranger to that. That the pre-emptors, knowing about that sale, filed the pre-emption case within statutory period of limitation on depositing requisite amount. 5. The purchaser opposite party No.1 contested the case by filing written objectio..Category: Property Law | Date: 2 Jan, 2012 | Hits: 89
Sazzak Hossain alias Sajjad Hossain Vs. State, 2011, 40 CLC (HCD)
.... and be discharged from his bail bond immediately. Send down the lower Court records with a copy of this Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 113. ...... and be discharged from his bail bond immediately. Send down the lower Court records with a copy of this Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 113. ...... Razi, learned Advocate appearing on behalf of the appellant submits that in compliance with the order of the Upazila Nirbahi Officer the convict-appellant before lodging the FIR returned entire amount of wheat and rice to the Union Parishad food Godown and, as such, no allegation remains again..Category: Anti-Corruption Laws | Date: 15 Dec, 2011 | Hits: 116
Mrs. Jahanara Ahmed Vs. Arab Bangladesh Bank Ltd. and others, 2011, 40 CLC (AD)
....record." Security of Tk. 1,000/- is to be deposited within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 185. ......record." Security of Tk. 1,000/- is to be deposited within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 185. ......it was subsequently renumbered as Title Suit No.143 of 1998. The suit was ultimately decreed ex-parte vide judgment and decree dated 25.11.1998. Since the judgment debtor failed to pay the decretal amount within the prescribed time the decree holder bank put that decree into execution in Title Exe..Category: Property Law | Date: 15 Dec, 2011 | Hits: 81
....
Let a copy of the Judgment be sent to the learned Special Judge, Court No.2, Dhaka at once for information and necessary action.
Ed.
This Case is also Reported in: 17 BLC (HCD) (2012) 1.
......tare decisis
The subordinate courts should not follow previous decision which has been overruled by the Appellate Division because it may give wrong result. So Court will not adhere to a rule of principle established by previous decisions which has already been found to be an erroneous one. The......Coal Mine where three companies known as Shandong Ludi, Suja Coal and CMC participated in the bid and ultimately as lowestbidder Shandong Ludi's offer was accepted where BCMCL issued a work order amounting to Tk. 335,08,05,382.18 asking Shandong Ludi to execute Bank Guarantee and Performance Gua..
Category: Anti-Corruption Laws | Date: 14 Dec, 2011 | Hits: 96
JMS Glass Industries Limited Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....directed to admit and dispose of the appeal expeditiously. With this observations and direction, the Rule is disposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 77. ......ed, the prayer for waiver of deposit before filing of appeal as regained under section 42(2) of VAT Act, could be waived, on consideration of hardship of the petitioner. Be it mentioned that this principle may be applicable in case of filing of the appeal when made before the Appellate Tribunal......i was issued calling upon the respondents to show cause as to why the order bearing Nothi No.৪৪/মুসক/০৬ dated 28-6-2006 passed by the respondent No.3 giving direction to deposit an amount of Taka 5,98,44,700.67 allegedly to have fallen unpaid VAT, under Section 55(1) read with se..Category: Fiscal/Taxation Law | Date: 12 Dec, 2011 | Hits: 14
Begum Khaleda Zia Vs. State and another, 2011, 40 CLC (HCD)
....eed with the impugned Special Case in accordance with law. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 1. ......owing principles are well settled by various judicial pronouncements of our apex Court. In the case of Ali Akkas Vs. Enayet Hossain and others reported in 17 BLD(AD) 44 = 2 BLC (AD) 16, the principles for quashing a pending criminal proceeding under section 561A of the Code of Criminal Pro......mission Act and Rules there under. It is submitted that there is no allegation against the accused-petitioner to attract the alleged offences and as such continuation of the impugned proceeding would amount to sheer abuse of the process of the Court and the same is liable to be quashed. 6. Mr. ..Category: Anti-Corruption Laws | Date: 12 Dec, 2011 | Hits: 161
Husne Ara Begum and another Vs. Saiful Alam (Md.) and others, 2011, 40 CLC (HCD)
....ordingly. The learned Judge is directed to proceed with suit in accordance with law. Communicate this order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 34. ......aving been transferred and delivered to the applicant, as such, if any decree be passed against title and possession less defendant No.1 then that decree would be unexecutable as it is a settled principle of law that no court could pass any decree which if passed would be unexecutable and infra......ordingly. The learned Judge is directed to proceed with suit in accordance with law. Communicate this order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 34. ..Category: Civil Law, Procedural Law | Date: 1 Dec, 2011 | Hits: 4
Shahjahan Vs. State, 2011, 40 CLC (HCD)
....er be discharged from his bail bond. Let the records of the Tribunal below along with a copy of this Judgment be sent down at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 49. ......er be discharged from his bail bond. Let the records of the Tribunal below along with a copy of this Judgment be sent down at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 49. ......e facts are so preposterous that even on the admitted facts, no case can stand against the accused; (b) Where institution or continuance of criminal proceedings against an accused person may amount to an abuse of the process of the Court or when the quashing of the impugned proceedings woul..Category: Arms Law | Date: 1 Dec, 2011 | Hits: 53
Jakir Hazi Vs. State, 2011, 40 CLC (HCD)
....as it relates to the petitioner is hereby quashed. Send down a copy of this judgment and order to the court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 274. ......as it relates to the petitioner is hereby quashed. Send down a copy of this judgment and order to the court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 274. ......this accused-petitioner is purely abuse of the process of the law. 13. An accused can be punished only for an offence in law and not for any business relationship with another accused-person not amounting to an offence. Even there is any attempt to commit an offence within the definition of an ..Category: Criminal Law | Date: 30 Nov, 2011 | Hits: 1
Rabindra Nath Roy @ Rabindra and another Vs. State, 2011, 40 CLC (AD)
....amination of the accused-persons under section 342 in the light of the observations made above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 50; 17 MLR (AD) (2012) 253; 9 ADC (2012) 520.......ge brought against the accused. 6. The American legal system is based on the rule against double jeopardy; the British system which we follow is on the benefit of reasonable doubt. The fundamental principle of our system is that an accused should not be put in peril of conviction in the absence......amination of the accused-persons under section 342 in the light of the observations made above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 50; 17 MLR (AD) (2012) 253; 9 ADC (2012) 520...Category: Women and Children | Date: 24 Nov, 2011 | Hits: 190
Professor Mahbub Ahmed and others Vs. Securities and Exchange Commission, 2011, 40 CLC (HCD)
.... preferably within 6(six) months from the date of the receipt of this judgment. Communicate the Judgment and order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 87. ...... preferably within 6(six) months from the date of the receipt of this judgment. Communicate the Judgment and order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 87. ......es Consultants Ltd. 6. In foreign DVP bank statement there has been huge sales in this A/C. Total transactions in volume and value are 7,09,530 Nos. and Taka 27.14 crores respectively. Unsettled amount is Taka 2.50 crores. There is no such name in SEC & DSE list. No trading has also taken p..Category: Business or Commercial Law, Criminal Law | Date: 23 Nov, 2011 | Hits: 9
Nazir Ahmed and others Vs. Fajal Ahmed & others, 2011, 40 CLC (HCD)
....l bear their respective costs. Send down the lower Court records with a copy of the judgment to the trial Court forthwith. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 260. ......ved at by the trial Court is no doubt a gratuitous one which is not at all sustainable in law. In this connection Mr. Abdus Salam Mondal has rightly referred to a decision in a case where such a principle of law was laid down by our apex Court in the case of Mohaprabhu Ram Vs. Gopal Ram reporte......l bear their respective costs. Send down the lower Court records with a copy of the judgment to the trial Court forthwith. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 260. ..Category: Civil Law | Date: 23 Nov, 2011 | Hits: 7
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