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M/S. Ace Traders Vs. M. V. DIJENDRALAL and Others, 2011, 40 CLC (HCD)
....., Foreign Exchange Branch 9-G, Motijheel Commercial Area, Dhaka-1000…...Principal-Defendants. 9. Deputy Collector of Customs, Customs Excise, vat and Land customs, Khanpur, Narayanganj.......Proforma-Defendant. 10. M/S. Atlas shipping Lines Limited, Hadi Mansion, 9th floor, 2, Dilkusha Comm.......00 through the plaintiff C.D. A/C No. 1223 maintained with the defendant No. 8 on 5-12-1992 and the rest of the L/C value was allowed by the bank to the plaintiff as loan. The plaintiff submitted an amendment of the aforesaid L/C and further requested the defendant No.8 for change of address of the......a Commercial Area, Dhaka-1000. Judgment April 25, 2011, April 26, 2011, April 27, 2011. Result: All the issues are disposed off. Lawyers Involved M.B. Taz Mohammed, Advocate-For the plaintiff. Monjur-ur-Rahim with Ms. Afreen Mohiuddin, Advocte-For the defendant No.4. Rafi Ahm..Category: Admiralty Law or Maritime Law | Date: 27 Apr, 2011 | Hits: 64
A. M. Anwarul Haque Vs. State, 2011, 40 CLC (HCD)
....23 of 2001 convicting the appellant under section 409 of the Penal Code read with section 5 (2) of the Prevention of Corruption Act, 1947 and sentencing him thereunder to suffer rigorous imprisonment for five years with a fine of Taka 11,53,364/- in default to suffer rigorous imprisonment for anothe......side. The appellant is released from his bail bond. Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......side. The appellant is released from his bail bond. Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: 25 Apr, 2011 | Hits: 200
Md. Jahir Uddin and others Vs. Md. Molin Ali and others, 2011, 40 CLC (HCD)
....stant Judge, Gobindaganj, Gaibandha in Other Class Suit No.8 of 1997 decreeing the suit. 2. Facts leading to this civil revision are that the petitioners instituted Other Class Suit No.8 of 1997 before the Assistant Judge, Gobindaganj, Gaibandha for declaration of title and recovery of possession...... dated 23.11.2004 passed by the Assistant Judge, Gobindaganj, Gaibandha in Other Class Suit No.8 of 1997 is maintained. Send down the lower Court records. Ed. This Case is also Reported in: ......: A. B. Roy Chowdhury, Advocate-For the petitioners. Not represented- the Opposite parties. Civil Revision No.2758 of 2006. Judgment Md. Ruhul Quddus J. - This Rule at the instance of plaintiff-respondents was issued on an application under section 115 (1) of the Code of Civil Proced..Category: Property Law | Date: 31 Mar, 2011 | Hits: 68
GK Brothers and another Vs. Imperial Chemical Industries Bangladesh Limited, 2011, 40 CLC (HCD)
....ecree dated 2-11-1996 passed by the learned Sub-ordinate Judge, 3rd Court, Chittagong in Other Suit No. 100 of 1995 decreeing the suit. 2. The respondent as plaintiff instituted the suit seeking for the following relieves; এতএব বাদী নিম্নমতে প্রার্থ...... land in favour of appellants through court. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 543 ......is directed against the judgment and decree dated 2-11-1996 passed by the learned Sub-ordinate Judge, 3rd Court, Chittagong in Other Suit No. 100 of 1995 decreeing the suit. 2. The respondent as plaintiff instituted the suit seeking for the following relieves; এতএব বাদী নি..Category: Civil Law, Procedural Law | Date: 20 Mar, 2011 | Hits: 2
Maulana Mohammad Shamsul Huq and others Vs. Abu Taher and others, 2011, 40 CLC (AD)
....arch 20, 2011. Lawyers Involved: Abdur Razzaq, Senior Advocate instructed by Mrs. Mahmuda Begum, Advocate on Record-For the Petitioners Not represented-the Respondents Civil Petition for Leave to Appeal No.1450 of 2009. (From the judgment and order dated 12.05.2009 passed by the H......ppellate court. We, therefore, find no merit in this petition for leave to appeal and hence this petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 365. ......t Court, Feni in Title Appeal No.75 of 2004 reversing those dated 22.07.2004 passed by the Senior Assistant Judge, Feni in Title Suit No.06 of 1998 decreeing the suit. 2. The present petitioners as plaintiffs filed above mentioned Title Suit No.06 of 1998 for declaration of their title and confi..Category: Property Law | Date: 20 Mar, 2011 | Hits: 84
M.A. Bari Talukder Vs. Agrani Bank & others, 2011, 40 CLC (AD)
....e-on-Record-For the Petitioner. Md. Mamunur Rashid, Advocate instructed by Syed Mahbubur Rahman, Advocate-on-Record- For respondent No.1. Not respondent-Respondent Nos. 2-3. Civil Petition for Leave to Appeal No. 1196 of 2010. (From the judgment and order dated 11.03.2010 passed by the......peal is thus disposed of with the above observations and direction. Communicate this order to the Artha Rin Adalat concerned at once. Ed. This Case is also Reported in: VIII ADC (2011) 424. ......t No.1, Dhaka for recovery of Taka 1, 19, 73, 255/- (One crore nineteen lac seventy three thousand two hundred fifty five) against this petitioner and others. On the date of filing of that suit the plaintiff-bank could not file the requisite court fee and as such prayed for time to file the same a..Category: Banking Law | Date: 14 Mar, 2011 | Hits: 247
Anwarul Alam (Md.) Vs. Pubali Bank Ltd and others, 2011, 40 CLC (HCD)
....from Bangladesh Muktijoddha Sangshad on 4-2-2001 as well as from the Ministry of Liberation War Affairs on 12-6-2003 as recognition of his contribution in the war of liberation 1971. The petitioner before going on LPR lastly served as an Assistant General Manager, Narayangonj Branch, Pubali Bank Ltd......e incorporates Act No. XII of 1974 so far retirement and re-employment after retirement of employees are concerned as such, in view of the principle of "legislation by reference" subsequent amendments made in the referred statute cannot automatically be read into the adopting statue. In th...... it is liable to be discharged. 32. In the result, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 448. ..Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2011 | Hits: 3
Professor Muhammad Yunus Vs. Bangladesh, 2011, 40 CLC (HCD)
....Rahimafrooz Batteries and others, 7 BLC (AD) 73. Lawyers Involved: Dr. Kamal Hossain with Mahmudul Islam, Rokanuddin Mahmud, Kamal-ul-Alam, Sara Hossain and Tamim Hossain Shawn, Advocates - for the Petitioners. Mahbubay Alam, Attorney General, with M.K. Rahman, Additional Attorney Gen......er, there would be no order as to costs. Md. Mamtazuddin Ahmed J. – I Agree. Gobinda Chandra Tagore J. – I Agree. Ed. This Case is also Reported in: 63 DLR (2011) (HCD) 260. ......r attaining the age of superannuation being not otherwise justified, non-service of notice has not prejudiced the petitioner. But it is an established principle of law that in order to sustain any complaint of violation of the Principle of Natural Justice it has to be established that prejudice has ..Category: Banking Law | Date: 8 Mar, 2011 | Hits: 438
....smissed.
When additional evidence sought to be adduced.
It is well established that Order XL, rule 27, CPC does not confer a right on the party to produce additional evidence. The need for additional evidence must be felt by the Court itself, if the Court hearing the action requires a......ubstance hi the submissions of the learned Advocate for the petitioners.
Accordingly, the leave petition is dismissed.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 119.
......of Contract in respect of the suit property which was subsequently transferred to the Court of Joint District Judge, Arbitration Court, Dhaka and renumbered as Title Suit. No.102 of 2004. In the plaint the plaintiffs stated, inter alia, that the defendant No.1-petitioner No.1 being a priva..
Category: Civil Law | Date: 17 Feb, 2011 | Hits: 5
Rupali Bank Ltd., Dhaka Vs. M/S. Brick Linkers Ltd. and Others, 2011, 40 CLC (AD)
....ee. 2. To decide this point let us recapitulate short facts out of which this appeal has arisen. Appellant Rupali Bank Limited instituted a suit in the Artha Rin Adalat, Dhaka shortly, the Adalat, for realization of Tk.48, 68,970.270 against the respondents by selling the mortgaged property. The ...... expiry of the period of limitation provided in Article 181 of the Limitation Act. The Artha Rin Adalat Ain, 1990 shortly the Ain was amended by the Artha Rin Adalat (Amendment) Ain, 1997 and by this amendment, section 6Ka had been added wherein it is provided that the decree passed by the Adalat be......mortgaged property for recovery of the money. Therefore the provisions of Order 34 will be applicable in this matter. 7. Sub-rule (1) of rule 4 of order 34 provides that in a suit for sale, if the plaintiff succeeds, the Court shall pass a preliminary decree to the effect mentioned in clause (a),..Category: Banking Law | Date: 15 Feb, 2011 | Hits: 189
Promoda Sundari Sen Kalyan Trust Vs. Momtaz Zafar Ahmed and Others, 2011, 40 CLC (HCD)
....rievances, other than the recourse prescribed by specific provisions governing the issue— It is an admitted proposition that the present plaintiff-petitioner did not file any application before the executing Adalat under section 32 of the Ain, 2003 but he has filed the present s......rder 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: 68 DLR (HCD) (2016) 53 ......ellip;……………..Respondent Judgment February 9, 2011 Result: The Rule is discharged of. Artha Rin Adalat Ain, 2003; Section 32 The party (plaintiff-petitioner) took a wrong way to ventilate his grievances, other than the recourse prescrib..Category: Banking Law | Date: 9 Feb, 2011 | Hits: 2
Mosharraf Hossain (Md.) and others Vs. Akhtar Hossain, 2011, 40 CLC (HCD)
....t of Title Suit No. 308 of 2009 as per provisions of Order VII Rule 11 of the Code of Civil Procedure. 2. Appellants as plaintiffs instituted Title Suit No.308 of 2009 with prayers amongst other for:— “ক) নিম্নের তফসিল বর্ণিত ও চৌহুদ্......e suit No.308 of 2009 expeditiously in accordance with law. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 218.......the Appellants. Md. Abdul Quayum, Advocate with MM Nuruzzaman, Advocate - For the Respondent. First Appeal No. 303 of 2010. Judgment Sharif Uddin Chaklader J.- This appeal by the plaintiff directed against judgment and decree dated 19-7-2010 passed by the learned Joint District ..Category: Property Law | Date: 27 Jan, 2011 | Hits: 95
Nasirul Islam Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....dent. Writ Petition No. 3888 of 2008. Judgment Md. Ruhul Quddus J.- This Rule Nisi was issued questioning the legality of an auction notice published in the Daily Janakanta on 9.5.2008 for sale of the petitioner’s property on the basis of a certificate issued in favour of Bangladesh......d to take back his original title documents those have been annexed with the writ petition substituting photocopies thereof. Nazmun Ara Sultana J.- I agree. This Case is also Reported in: ...... any summon was served upon him in the suit, if any; or whether the suit was properly instituted and execution case was properly filed and proceeded in accordance with law. No certified copies of the plaint in the Artha Rin Suit, the decree passed therein, application for execution and order sheets ..Category: Banking Law | Date: 27 Jan, 2011 | Hits: 172
....tion. Thereupon, this court by order dated 02.11.2010 issued Rule Nisi calling upon the respondents (mainly the concerned ministries and police) to show cause as to why they should not be directed to formulate guidelines, or issue policy statements or specific legislations, to address the issue of s......gislative Wing, sent a report on 07.12.2010 mentioning therein some steps taken by it and other concerned ministries for the purpose of preventing the said social menace. The steps include a proposed amendment to the Nari-O-Shisho Nirjaton Daman Ain 2000 by incorporating a new section “10 Ka. ...... the execution of warrant;
e) the protection of the public revenue;
3. Every Police Station in Bangladesh will have separate cell or team, designated only for the purpose of dealing with complaints/instances of sexual harassments in the streets, public places, shops, markets, stations or t..
Category: Women and Children | Date: 26 Jan, 2011 | Hits: 246
Mahbub Ahmed Chowdhury Vs. Chief Election Commissioner and others, 2011, 40 CLC (AD)
....ub Ahmed Chowdhury.......................Petitioner Vs. Chief Election Commissioner and others..........Respondents Judgment January 23, 2011. Result: Civil Petition for Leave to Appeal is dismissed. Words and Phrases Amendment and Amendment of a statut......or Leave to Appeal is dismissed. Words and Phrases Amendment and Amendment of a statute. Amendment of a statute connotes various meaning depending upon its context. The word 'amendment' is a change or alteration, for the purpose of bringing in improvement in the statute to ......judgment and order passed by the High Court Division. Accordingly, the Civil Petition for Leave to Appeal is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 283. ..Category: Constitutional Law | Date: 23 Jan, 2011 | Hits: 11
Md. Hamiduzzaman Vs. Joint District Judge, Artha Rin Adalat, Faridpur and others, 2011, 40 CLC (HCD)
....erty. 2. Facts leading to this writ petition, in short, are that Islami Bank Bangladesh Ltd., Khulna Branch as plaintiff instituted Artha Rin Suit No.10 of 2004 in the Artha Rin Adalat, Faridpur for recovery of loan amounting to Taka 4,01,55,468.00 (four crore one lac fifty-five thousand four h......e may be, which have been deposited by them in favour of the decree holder-bank after issuance of the certificate. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ...... Ain, 2003 (herein after referred to ‘the Ain’) in respect of the mortgaged property. 2. Facts leading to this writ petition, in short, are that Islami Bank Bangladesh Ltd., Khulna Branch as plaintiff instituted Artha Rin Suit No.10 of 2004 in the Artha Rin Adalat, Faridpur for recovery of ..Category: Banking Law | Date: 20 Jan, 2011 | Hits: 233
Monir Hossain Md. (Moni) and another Vs. Md. Yousuf and others, 2010, 39 CLC (AD)
.... The facts of the case, in brief, are that the appellants as plaintiffs filed SCC Suit No.4 of 1995 in the Court of Assistant Judge and SCC Judge, Faridpur Sadar against the respondents as defendants for a decree for ejectment. Subsequently, the case was transferred to the Court of Subordinate ......ned Subordinate Judge, 1st Court and Judge of the Small Causes Court, Faridpur in SCC Suit No.6 of 1996 is hereby restored. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 100. ...... by the learned Subordinate Judge, 1st Court and Judge of the Small Causes Court, Faridpur in Small Causes Court Suit No.6 of 1996. 2. The facts of the case, in brief, are that the appellants as plaintiffs filed SCC Suit No.4 of 1995 in the Court of Assistant Judge and SCC Judge, Faridpur Sadar..Category: Property Law, Tenancy Law | Date: 8 Dec, 2010 | Hits: 12
Fatema Begum Vs. The Artha Rin Adalat, Narayangonj and others, 2010, 39 CLC (HCD)
....ibed in schedule-1 of the writ petition). The petitioner, her brother and sisters inherited the said property after the demise of their father Dudu Mian and have been enjoying and possessing the same for more than twelve years without any interruption. She (petitioner) came to know from a reliable s...... photo copies there for. The office is directed to send a copy of this judgment to the Artha Rin Adalat, Narayangonj at once. Nazmun Ara Sultana J. - I agree. This Case is also Reported in: ......and therefore, the impugned order rejecting the petitioner’s application without deposition of 25% of the deccretal amount was illegal and without lawful authority. 8. He also submitted that the plaint in the mortgage suit with no specification of the mortgaged land was not in conformity with s..Category: Banking Law | Date: 11 Nov, 2010 | Hits: 14
Redwan Ahmed Vs. Bangladesh, 2010, 39 CLC (HCD)
....7 filed under section 409 of the Penal Code 1860, in respect of an offence allegedly committed on 11-6-2002 read with Section 5(2) of the Prevention of Corruption Act, 1947, nowon transfer, pending before the learned Special Judge Court No.2, Dhaka, should not be declared to be without lawful author......s that when section 32 was amended in April 2007 bringing in the requirement of sanction for taking cognizance in addition to sanction before submission of the charge sheet there was no corresponding amendment of the Rules. Therefore, the Rules do not contain any prescribed form for the sanction req...... made an enquiry in accordance with provisions of chapter III of the Act. He has also assailed that an 'enquiry' as defined by Rule 2(Ka) of ACC rules is a condition precedent for filing a complaint by the ACC against a person in the Police Station for it to be investigated under section 20...Category: Anti-Corruption Laws | Date: 25 Oct, 2010 | Hits: 211
British American Tobacco Bangladesh Company Ltd. Vs. Begum Shamsun Nahar, 2010, 39 CLC (AD)
.... Sexual harassment in employment Sexual harassment in employment may be termed as any attention of a sexual nature in the context of work situation which has the effect of making a woman uncomfortable on the job, impeding her ability to do the work or interfering with her employment opportu......dings and observations we do not find any merit in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 80. ......ullying to a woman, where she can work with honour and dignity and without being harassed or disturbed by her male boss or other male colleagues………………………….(13) Rejection of plaint The Code of Civil Procedure, 1908 (Act No. V of 1908); Order VII, rule 11 Where ..Category: Women and Children | Date: 13 Oct, 2010 | Hits: 21
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