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A.B.M. Liton Vs. Bangladesh & Others, 2013, 42 CLC (HCD)

....ellip;……………….Respondents Judgment June 3, 2013 Result: The Rule is made absolute. Refusal of Bail not Sustained-- Since the Adalat as well as the Bank proceeded against the body of all the defendants including the petitioner bef......econd impugned order dated 20-9-2012 (though in the Rule, the date is mentioned as 27-9-2010). Being aggrieved by these orders, the petitioner moved this Court and obtained the aforesaid Rule. At the time of issuance of the Rule on 7-10-2012, this Court also enlarged the petitioner on bail. 2. ......the refusal of bail are set-aside in so far as the petitioner is concerned. Communicate this order.  Ed.  This Case is also Reported in: 66 DLR (HCD) (2014) 207   ......the refusal of bail are set-aside in so far as the petitioner is concerned. Communicate this order.  Ed.  This Case is also Reported in: 66 DLR (HCD) (2014) 207   ..

Category: Banking Law | Date: 3 Jun, 2013 | Hits: 5

Bimol Rosario Vs. Barbara Rosario and others, 2013, 42 CLC (HCD)

....gment May 22, 2013. Result: The Rule is discharged. Expert’s Opinion-expert's opinion is not Conclusive Evidence Conclusive evidence enables the Court to come to a sat­isfactory conclusion which Expert’s Opinion does not. Thus Expert’s Opinion is no......ntiff asked the defendant Nos. 1-2 about the loan then the defendant No.1 told that the plaintiff will get loan amount within 4/5 days but after 5 days defendant No.1 told that it will take some more time. The plaintiff, thereafter, disclosed the matter to her relatives and ultimately, the defendant......w are hereby maintained. Let a copy of this judgment along with the lower Court s record be sent down at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 122.   ......w are hereby maintained. Let a copy of this judgment along with the lower Court s record be sent down at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 122.   ..

Category: Civil Law, Evidence Law | Date: 22 May, 2013 | Hits: 3

Nazrul Islam (Md.) & others Vs. Mahfuzur Rahman and others, 2013, 42 CLC (HCD)

....y between the parties. Since in the present suit, the real controversy between parties appears to be as to from when the defen­dants were inducted into possession of the suit land is the subject matter of the amendment, so if the suit is remanded back that will serve the pur­pose of the ends......used to serve in the police department he did not usually reside in his native dwelling hut on the-suit land and in the vacation he and his family members used to visit the dwelling hut casually from time to time and under above facts and circumstance Fazlar Rahman allowed his younger brother Ator A......order along with the lower Court s record be sent down to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 126.   ......order along with the lower Court s record be sent down to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 126.   ..

Category: Property Law | Date: 21 May, 2013 | Hits: 6

Moon Construction Company Limited Vs. Government of Bangladesh & others, 2013, 42 CLC (HCD)

.... Rule is made absolute. Article 31 of the Constitution of Bangladesh, 1972 Due Process And Reasonable And Non-Arbitrary Laws And Procedure- A person may be destructively treated not only by action, but also by inaction and inaction may contravene the Article, when it is ar......tioner had to evict some illegal occupants from the site. For the reason of evict of illegal occupants and enhancing the market value of the construction materials, petitioner prayed for extension of time, and accordingly the time was extended up to 30-6-2010. Further to that on 5-5-2011, the petiti......ent. Office is directed to communicate the copy of this judgment forthwith. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 193         ......ent. Office is directed to communicate the copy of this judgment forthwith. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 193         ..

Category: Constitutional Law | Date: 16 May, 2013 | Hits: 4

ABSCO Limited Vs. Artha Rin Adalat No.2, Dhaka & another, 2013, 42 CLC (HCD)

.... Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 9.   ......orting, the machineries. After availing the said facilities the petitioner No.1 started repayment of installments to the respondent No. 2 as per terms and conditions of the sanction but at a point of time due to some unavoidable circumstances the petitioner No.1 Company defaulted in paying regular i......gal notice on 19-7-2009 upon the petitioner demanding pay­ment of the outstanding dues as mentioned above and finally instituted Artha Rin Suit No. 276 and 277 of 2010 against the petitioners for recovery of the loan. 5. The petitioners as defendants appeared in both the suits on 7-2-2010 a......charged without any orders as to costs.' Communicate the judgment to the court con­cerned at once.  Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 9.   ..

Category: Corporate Law, Others | Date: 15 May, 2013 | Hits: 8

Moklesuddin Ahmed and another Vs. Rezia Khatun and others, 2013, 42 CLC (HCD)

....rdingly. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 209.           ......ovisions of the Code of Civil Procedure are not applicable to an appeal pending before the High Court which was dismissed for non-compliance with the order of the Court, to put in requisites with the time granted by the Court inasmuch as the dis­missal was under the rules framed by the High Cour...... number. The office is directed to do the needful accordingly. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 209.           ...... number. The office is directed to do the needful accordingly. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 209.           ..

Category: Constitutional Law | Date: 5 May, 2013 | Hits: 4

Hasan Chowdhury (Md.) Vs. Bangladesh Bank and others, 2013, 42 CLC (HCD)

.... DLR 260; ASF Rahman Vs. Bangladesh Bank 20 BLD (AD) 32 = 52 DLR (AD) 61 and JIT Knit Composite Ltd Vs. Government of Bangladesh 18 BLC 480. Lawyers Involved: Rokonuddin Mahmud, Senior Advocate Mizan Sayeed, Advocates—For the Petitioner Khurshid Alam Khan for Nahid Mahtab, Advoc......nd also to communicate the compli­ance of our direction to the Registrar of the Supreme Court without any fail. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 533.   ......ory by truck @ BDT 40,000 per MT as per beneficiary's Proforma Invoice No. MHB2011-05042 dated 24-4-2012 for an amount of Taka 1,08,50,000 only along with up-to-date interest @ 18% per annum till recovery, shall not be declared to have been made without lawful authority and is of no legal effect......nd also to communicate the compli­ance of our direction to the Registrar of the Supreme Court without any fail. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 533.   ..

Category: Banking Law | Date: 2 May, 2013 | Hits: 3

Sheikh Shahadat Hossain (Md.) Vs. National Board of Revenue, and others, 2013, 42 CLC (HCD)

....R (HCD) (2013) 522   ......Curiae. Accordingly, the said learned advocates have made their valu­able submissions before this Court at length. We have also heard Mr. AM Aminuddin, learned advocate, as intervenes At the same time Mr. Munshi Moniruzzaman with Mr. Akhtar Farhad Zaman, Mr. Shamsuddin Babul with Mr. Kanailal Sh......vision in view of sub-section (3) of Section 196G of the said Act. Send down the record of the lower authority. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 522   ......vision in view of sub-section (3) of Section 196G of the said Act. Send down the record of the lower authority. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 522   ..

Category: Fiscal/Taxation Law | Date: 25 Apr, 2013 | Hits: 2

JIT Knit Composite Ltd Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)

....013.     Result: The Rule is made absolute. Section 45(1) (Ga) (Gha) and Section 49(Kha) of the Bank Companies Act clearly invest Bangladesh Bank with a strong regulatory power over the functioning and business of banking companies. Under Bank companies Act, 1......year from the date of Gas connection along with waiver of all interest as per guidelines of the respondent No.2 the Bangladesh Bank. 2. Since the execution case has been filed by the bank at the time of issuing Rule no ad-interim order was passed by the this Division. Now Mr. Bashir Ahmed the l......in stayed. With this observation and direction the Rule is made absolute. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 480.   ......in stayed. With this observation and direction the Rule is made absolute. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 480.   ..

Category: Banking Law, Company Law | Date: 25 Apr, 2013 | Hits: 11

Iftekharul Karim (Md.) Vs. State, 2013, 42 CLC (HCD)

....ourt Division (Criminal Miscellaneous Jurisdiction) Present: M Enayetur Rahim J Akram Hossain Chowdhury J Iftekharul Karim (Md.)...................Petitioner Vs. State.......................................Opposite-Party Judgment April 4, 2013 Resul......arned Special Sessions Judge after hearing the said application rejecting same framed charge against the accused-petitioner under sections 8/9/13 of the Santrash Birodhi Ain, 2009. 8. In the meantime the accused-petitioner has granted bail by this Division and he is still on bail. Thereaft......etropolitan Sessions Judge, Dhaka, and learned Special Judge, 3rd Court, Dhaka. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 211.         ......etropolitan Sessions Judge, Dhaka, and learned Special Judge, 3rd Court, Dhaka. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 211.         ..

Category: Criminal Law | Date: 4 Apr, 2013 | Hits: 4

ABM Mohiuddin Chowdhury Vs. Anti-Corruption Commission and others, 2013, 42 CLC (HCD)

....ult: The Rule is discharged. Cases Referred to- Anti-Corruption Commission Vs. Md Enayetur Rahman, 8 LG (2011) AD 153 = 64 DLR (AD) 14. Lawyers Involved: HS Deb Brahman, Advocate—For the Petitioner. Md Khurshid Alam Khan, Advocate—For the Respondent. Wr...... Advocate appearing on behalf of the petitioner submits that in view of rule 10 of the Anti-Corrup­tion Commission Rules. 200 the Investigating Officer is to complete the investigation within the time frame as; has been prescribed in the said pro­vision of law. In one present case he submits......te of receipt of the copy of thus order. The Court concern is to decide the prayer for bail, if so made, in accordance with law. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 537 ......te of receipt of the copy of thus order. The Court concern is to decide the prayer for bail, if so made, in accordance with law. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 537 ..

Category: Anti-Corruption Laws, Constitutional Law | Date: 4 Apr, 2013 | Hits: 4

Maku Rabi Das Vs. State, 2013, 42 CLC (AD)

....entence of death is to be maintained. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 240. ......by the High Court Division where the following observations are found to have been made which cannot be refuted by a simple non-seizure of "Kupee Bati" which lighted the place of occurrence at the time of com­mission of the offence at 8-30 PM punishable under section 302 of the Penal Code:— ...... find no merit in the appeal and accordingly it is dismissed. The confirmation of sentence of death is to be maintained. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 240. ...... find no merit in the appeal and accordingly it is dismissed. The confirmation of sentence of death is to be maintained. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 240. ..

Category: Criminal Law | Date: 3 Apr, 2013 | Hits: 16

Golam Nabi and another Vs. Anti-Corruption Commis¬sion, and others, 2013, 42 CLC (HCD)

....rged. Cases Referred to- Anti-Corruption Commission Vs. Sheikh Hasina Wazed, 60 DLR (AD) 172; Anti-Corruption Commis­sion Vs. Enayetur Rahman 64 DLR (AD) 14; Habibur Rahman Mollah Vs. State, 61 DLR 1; Anti-Corruption Commission Vs. Dr. Mohiuddin Khan Alamgir 62 DLR (AD) 290; 15 BLC 464...... title page arising out of the Special Case No. 16 of 2007 corresponding to ACC GR No. 25 of 2007 and Motijheel PS Case No.140 dated 29-3-2007 are discharged. 24. The order of stay issued at the time of issuance of the Rule of all those Writ Petition is hereby vacated. 25. However, since a......e also kept in each writ petition, referred to above facil­itating to incorporate the result in the order sheet. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 181   ......e also kept in each writ petition, referred to above facil­itating to incorporate the result in the order sheet. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 181   ..

Category: Anti-Corruption Laws, Criminal Law | Date: 14 Mar, 2013 | Hits: 4

Dr. AH Ali Haider Qureshi Vs. Dr. Ali Asker Qureshi, 2013, 42 CLC (HCD)

.... Judgment March 6, 2013 Result: The order is discharged. Cases Referred to- 1986 BLD (AD) 224; 47 DLR 556; 1 BLC (AD) 156. Lawyers Involved: Abdul Quayum, Advocate with Mansur Habib, Advocate—For the Petitioner Rokan Uddin Mahmood, Advocate with Fah......at the plaintiff despite was not the owner of the suit premises entered into a collusive forged agree­ment deed with the defendant and it was not with­in the knowledge of the defendant at the time of filing the original written statement. Subsequent­ly while the matter has come into the ...... of issuance of the order of leave stands vacated. 19. However, there will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 197     ...... of issuance of the order of leave stands vacated. 19. However, there will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 197     ..

Category: Property Law | Date: 6 Mar, 2013 | Hits: 3

Dhaka City Corporation Vs. Firoza Begum & others, 2013, 42 CLC (AD)

....reciation of laws and facts. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 145. ......to send a request letter for transfer­ring the said project in the revenue budget of DCC. Therefore, the writ-petitioners are entitled to get all benefits such as selection grade, promo­tion, time scale etc. as they served the projects of DCC and they are legally entitled to continue as such......on are based on proper appreciation of laws and facts. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 145. ......on are based on proper appreciation of laws and facts. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 145. ..

Category: Constitutional Law, Employment/Service Law | Date: 6 Mar, 2013 | Hits: 17

Md. Mostafa Vs. Nrayangonj District Council and others, 2013, 42 CLC (AD)

....d any cause to interfere with the impugned judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ...... Court. We do not find any cause to interfere with the impugned judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ...... are that the petitioner-plaintiff instituted Title Suit No.102 of 1999 before the Court of Joint District Judge, First Court, Narayangonj seeking declaration of title, confirmation of possession and recovery of khas possession in the suit land measuring an area of 21 decimals as shown in the ‘Kaâ...... Court. We do not find any cause to interfere with the impugned judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: 1 Mar, 2013 | Hits: 115

Sayeda Kamrun Jahan Chowdhury Vs. Judge, Artha Rin Adalat No.1, Court Hill, Police Station-Kotwali, District-Chittegong and others, 2013, 42 CLC (HCD)

.... (Special Original Jurisdiction) Present: Md. Anwarul Haque J Md. Badrzzaman J Sayeda Kamrun Jahan Chowdhury.....................Petitioner Vs. Judge, Artha Rin Adalat No.1, Court Hill, Police Station-Kotwali, District-Chittaong and others................Respondent......Rin Adalat Ain, 2003 for setting-aside the auction dated 11-11-2010 alleging, that the auction was held by show­ing the value of the property in a shocking low price and the petitioner in the meantime deposited outstanding dues of the bank to the tune of Taka 9, 23,000. The Adalat after hearing ......ed as to this Court may seem fit and proper. 2. The facts leading to the issuance of Rule, in short, is that the respondent No. being financial institution filed Artha Rin Suit No. 2 of 2007 for recovery of an outstanding dues against the peti­tioner and ultimately the suit was decreed ex-p......sts. Let the copy of the judgment and order be sent to all concerned for information and neces­sary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 146   ..

Category: Civil Law, Procedural Law | Date: 26 Feb, 2013 | Hits: 3

Rear Admiral M. Nurul Islam, NCC, PSC (Retd.) Vs. State, 2013, 42 CLC (HCD)

....llip;Accused petitioner (In Criminal Misc. No.6339 of 2004) Commodore A.K.M. Azad (Retd.)…………Accused petitioner (In Criminal Misc.No.3987 of 2004) Vs. The State………………………………&......ity of the frigate itself, armament and other military equipment are of world class which is admitted by the then Chief Advisor of the Care Taker Government and the highest Naval Officials of at that time. 26. The Thirdquestion is as to whether or not allegations made in the F.I.R and Charge Sh......are hereby vacated. Send down the lower court’s record with a copy of the judgment and order at once. Siddiqur Rahman Miah J. - I agree. Ed. This Case is also Reported in: ......are hereby vacated. Send down the lower court’s record with a copy of the judgment and order at once. Siddiqur Rahman Miah J. - I agree. Ed. This Case is also Reported in: ..

Category: Anti-Corruption Laws | Date: 24 Feb, 2013 | Hits: 82

Badsha Mia Vs. State, 2013, 42 CLC (HCD)

....Miah J SH Md. Nurul Huda Jaigirdar J Badsha Mia……………………………………..Petitioners Vs. State………………………………&...... No. 08 dated 15-2-2007 under section 420/406/109 of the Penal Code now pending in the Court of Additional Chief Judicial Magistrate, Faridpur is hereby quashed. The order of stay granted at the time of issuance of the rule is hereby vacated. Ed. This Case is also Reported in: 65 DLR ......e, Faridpur is hereby quashed. The order of stay granted at the time of issuance of the rule is hereby vacated. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 189   ......e, Faridpur is hereby quashed. The order of stay granted at the time of issuance of the rule is hereby vacated. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 189   ..

Category: Criminal Law, Procedural Law | Date: 20 Feb, 2013 | Hits: 4

Amir Hossain Sowdagar Vs. Md. Harunur Rashid and others, 2013, 42 CLC (AD)

....is dismissed with the above mod­ification of the judgment, without however, any order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 130. ......ed to perform his part of the agreement, and as the agreement was execut­ed to repay the loan and other liabilities, the plain­tiff having failed to pay the balance amount with the stipulated time, he had rescinded the agree­ment and that the time being the essence of the contract, the s......ismissed. The appeal is dismissed with the above mod­ification of the judgment, without however, any order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 130. ......ismissed. The appeal is dismissed with the above mod­ification of the judgment, without however, any order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 130. ..

Category: Contract Law | Date: 20 Feb, 2013 | Hits: 42