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Shamsul Kabir Humayun Reza Vs. Anwarul Hasan and Others, 2012, 41 CLC (AD)

....ane No.2, Section 6/A, Mirpur as principal defendant No.1 and one Mr. Akhtaruzzaman, Director Eastern Housing Limited as principal defendant No.2, the Chairman, RAJUK and the People's Republic of Bangladesh, represented by the Deputy Commissioner, Dhaka as pro-forma defendant Nos.3 and 4 (althou......etter for the inhabitants of Dhaka City." We find no merits in the petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 37. ......Advocate-on-Record—For the Respondents (In Civil Petition Nos.2199 & 1671-72 of 2011) None represented—For the Respondents (In Civil Petition No.2198 of 2011) Civil Petition for Leave to Appeal No.2199 of 2011. With Civil Petition Nos.1671-1672 and 2198 of 2011.......etter for the inhabitants of Dhaka City." We find no merits in the petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 37. ..

Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37

Sk Ahmedullah (Babul) Vs. Al-haj Md. A Rashid, 2012, 41 CLC (HCD)

...., 1881. It transpires from the petition of complaint that the cheque was issued by the accused-petitioner on 30-7-2009 for payment of Taka 2, 25,000. But when the cheque was presented before the Arab Bangladesh Bank, Uttara, it was dishonoured on the same date for insufficient fund; and legal notice......ditiously in accordance with law. Send a copy of the judgment and order to the concerned Tribunal immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 399.   ............Opposite Party Judgment November 11, 2012. Result: The Rule is discharged. Negotiable Instruments Act, 1881 [XXVI of 1881]; Section 138 The cheque was dishonored for insufficient fund; and legal notice was issued and served on 7-9-2009 and within next 30 days fr......ditiously in accordance with law. Send a copy of the judgment and order to the concerned Tribunal immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 399.   ..

Category: Others | Date: 11 Nov, 2012 | Hits: 8

Md. Mosharraf Ali Khan and others Vs. Assistant General Manager, Principal Office, Sonali Bank, Barisal of Bagura Road, Barisal City, District-Barisal and others, 2012, 41 CLC (HCD)

.....05.1976. Subsequently, his grade elevated to the grade of Junior Clerk. The plaintiff No.4 was appointed as a messenger of National Bank which after liberation war was re­named as Sonali Bank of Bangladesh. He was promoted to the post of caretaker and was serving at Sonali Bank, Bagura Road Bra......he Court       concerned immediately for information and necessary action. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 51.     ......ation; the plaintiffs filed the original suit with a declaration that the impugned order of termination is void, illegal and without jurisdiction and the plaintiffs are still in service with a prayer for mandatory injunction. 3. The contrary case of the defendants in brief is such that the suit......he Court       concerned immediately for information and necessary action. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 51.     ..

Category: Civil Law | Date: 8 Nov, 2012 | Hits: 4

Ali Haider Chowdhury Vs. State and another, 2012, 41 CLC (HCD)

.... Court may seem fit and proper. 2. Facts relevant to disposal of the Rule may be, briefly, stated as follows: 3. The accused-petitioner is a businessman who was elected Secretary-General of Bangladesh Association of International Recruiting Agencies (in short BAIRA) in the year 2004-2006 a...... law. Let a copy of this judgment be transmitted to the concerned Court below at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 116.       ......p;……...Opposite Party Judgment November 8, 2012. Result: The Rule is discharged. Under latest Propositions of Law, an Accused cannot remain on Anticipatory Bail for an Unlimited Period- It is now well settled that after submission of the police report, the...... law. Let a copy of this judgment be transmitted to the concerned Court below at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 116.       ..

Category: Anti-Corruption Laws, Procedural Law | Date: 8 Nov, 2012 | Hits: 7

Advocate Asaduzzaman Siddiqui Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....ivision (Special Original Jurisdiction) Present: Naima Haider J Muhammad Khurshid Alam Sarkar J Advocate Asaduzzaman Siddiqui................ Petitioner. Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, P.S. Ra......the case in accordance with law and it shall be at liberty to consider the submission of the learned advocate Mr. Manzill Murshid as discussed above. Ed. This Case is also Reported in: ......tion. Lawyers Involved: Md. Manzill Murshid, Advocate-For the Petitioner. Md. Mokleshur Rahman, Deputy Attorney General -For the Respondent No. 4. Khan Ziaur Rahman, Advocate-for the Respondent Nos. 5 and 8. Writ Petition No.14465 of 2012. Judgment Naima......the case in accordance with law and it shall be at liberty to consider the submission of the learned advocate Mr. Manzill Murshid as discussed above. Ed. This Case is also Reported in: ..

Category: Women and Children | Date: 8 Nov, 2012 | Hits: 10

Mosharef Hossain (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....h Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Md. Badrazzaman J Mosharef Hossain (Md.).............................Petitioner Vs. Bangladesh and others..........................Respondents Judgment     ......o satisfy the Adalat as early as possible then the executing Court will proceed in accordance with law. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 81 ......s made absolute. Upon the satisfaction of the Court a private sale of the mortgaged property to satisfy the decreetal amount can be allowed to the Judgment debtor by the Court. A reasonable time for so doing only to be given. In the instant case, the ends of justice would be best served if......o satisfy the Adalat as early as possible then the executing Court will proceed in accordance with law. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 81 ..

Category: Property Law | Date: 7 Nov, 2012 | Hits: 8

The State Vs. Moru Bhuiyan, 2012, 41 CLC (HCD)

....eal No.2408 of 2007 and Jail Appeal No.535 of 2007 are allowed. 29. The office is directed to send down the records at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 42 ...... occurrence. Therefore, the evidence of those witnesses should be left out of consideration. 22. It is true that crime like murder is shocking in nature and also, revolting. The Crime is against Society and humanity, but the prosecution convicted the accused merely on suspicion that the accused......d Md. Ziaul Karim J.— This reference under Section 374 of the Code of Criminal Procedure (briefly as the Code) has been made by learned Additional Sessions Judge, Lakshmipur (briefly as Judge), for confirmation of death sentence of condemned-prisoner. 2. By the above appeals the appellant......eal No.2408 of 2007 and Jail Appeal No.535 of 2007 are allowed. 29. The office is directed to send down the records at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 42 ..

Category: Criminal Law | Date: 18 Oct, 2012 | Hits: 7

Abdur Razzaque Chowdhury and others Vs. Artha Rin Adalat and others, 2012, 41 CLC (AD)

....pped, they have been heard together and are disposed of by this common judgment.  Civil Petition No. 648 of 2010: 2. Facts giving rise to this leave petition are that respondent No.2, Bangladesh Shilpa Bank (hereinafter referred to as the Bank), filed Miscellaneous Case No.23 of 1997......interfere with the impugned judgment and order passed in Writ Petition No.5889 of 2008. In view of the above, both leave petitions are dismissed. Ed. This Case is also Reported in: ......swami, Advocate, instructed by Syed Mahbubur Rahman, Advocate-on- Record- For the Petitioners (In both cases). None represented-For the Respondents (In both cases)  Civil Petition for Leave to Appeal No. 648 of 2010. with Civil Petition No. 434 of 2011. (From th......interfere with the impugned judgment and order passed in Writ Petition No.5889 of 2008. In view of the above, both leave petitions are dismissed. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: 18 Oct, 2012 | Hits: 159

Mayor, Dhaka City Corporation Vs. Dhaka Metropolitan Rickshaw Samity, 2012, 41 CLC (HCD)

....regarding " rick­shaw" within 4(four) months from the date of receipt of this judgment and order and also direct­ed to submit a joint report to the Registrar of the Supreme court of Bangladesh within 2 months from date of receipt of the judgment and order. The following guidelines ......ion North and South and (5) the Inspector General of Police immediately on their appropriate addresses. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 518.     ...... against the order No. 8 dated 30-1-2000 passed by the Assistant Judge, 4th Court, Dhaka in Title Suit No. 321 of 1999 rejecting an application under Order VII, rule 11 of the Code of Civil Procedure for rejection of plaint. 3. The relevant facts for disposal of the Rule, inter alia, are that t......ion North and South and (5) the Inspector General of Police immediately on their appropriate addresses. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 518.     ..

Category: Administrative Law, Civil Law | Date: 17 Oct, 2012 | Hits: 3

Ibrahim (Md.) Vs. Government of the Peoples Republic of Bangladesh & others, 2012, 41 CLC (HCD)

....urisdiction) Present: Syed Refaat Ahmed J Md. Ashraful Kamal J Ibrahim (Md.).......................................Petitioner Vs. Government of the Peoples Republic of Bangladesh & others.......Respondents Judgment   October 16, 2012. Result: ......findings, we do not find any excellence in this Rule. In the result, the Rule is discharged. There is no order as to cost. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 415. ...... to have been done without lawful authority and is of no legal effect and as to why the respondents should not be directed to release the said imported duty paid goods. 2. Brief facts, necessary for the disposal of this Rule, are as follows:— The petitioner opened a Letter of Credit ......findings, we do not find any excellence in this Rule. In the result, the Rule is discharged. There is no order as to cost. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 415. ..

Category: Admiralty Law or Maritime Law | Date: 16 Oct, 2012 | Hits: 9

Dr. Khandaker Mosharraf Hossain Vs. State, 2012, 41 CLC (HCD)

....her order or orders as to this Court may seem fit and proper. 2. Facts leading to issuance of the Rule may be, briefly, stated as follows: The petitioner is a Member of the Standing Committee of Bangladesh Nationalist Party (BNP) since 1994. He was elected Member of Parliament several times fro...... with law. Let the lower Court's record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 1.     ...... 10-01-2008 under sections 26(2) and 27(1) of the Anti-Corruption Commission Act, 2004 read with section 15(gha)(5) of the Emergency Power Rules, 2007 and section 109 of the Penal Code, now pending before the learned Special Judge, Court No.8, Dhaka should not be quashed and/or pass such other or fu...... with law. Let the lower Court's record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 1.     ..

Category: Anti-Corruption Laws | Date: 16 Oct, 2012 | Hits: 20

Government of Bangladesh and others Vs. Mrs. Mohsina Rahman alias Joya, 2012, 41 CLC (AD)

.... to the Deputy Commissioner, Dhaka immediately. Ed. This Case is also Reported in: ......ecord with a copy of this judgment and order to the court concerned and another copy of the judgment and order to the Deputy Commissioner, Dhaka immediately. Ed. This Case is also Reported in: ......nt and decree dated 31.08.2005 (decree signed on 5.10.2005) passed in Title Suit No.191 of 2005 by the learned Senior Assistant Judge, Dohar Court, Dhaka dismissing the suit. 3. The relevant facts for disposal of this Rule are that the present opposite party as plaintiff, Mrs. Mohsina Rahman alia......ecord with a copy of this judgment and order to the court concerned and another copy of the judgment and order to the Deputy Commissioner, Dhaka immediately. Ed. This Case is also Reported in: ..

Category: Property Law | Date: 15 Oct, 2012 | Hits: 191

Abdul Wadud (Md.) Vs. Heaven Homes Private Ltd and others, 2012, 41 CLC (HCD)

....4, 2012. Result: The petition is allowed. Cases Referred to- 54 DLR 583;53 DLR 81; 54 DLR 28; 61 DLR AD 82; 54 DLR 306; 61 DLR (AD) 82; Ittefaq Group of Publications Ltd. Vs. Arab Bangladesh Bank Ltd., 50 DLR 597. 50 DLR (AD) 138. Lawyers Involved: Jashimudttin Ahmed, Advoca......No. 7) shall stand vacated. Costs will be borne by the parties. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 143           ......ent No. 1 company that the affairs and business of the company shall be managed under the control and supervision of the Managing Director; that the petitioner has been appointed as Managing Director for a period of 5(five) years from the date of incorporation, as stated in Article 32, wherein ......No. 7) shall stand vacated. Costs will be borne by the parties. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 143           ..

Category: Company Law | Date: 14 Oct, 2012 | Hits: 5

Entaj Ali (Md.) Vs. Md. Numl Haque & others, 2012, 41 CLC (HCD)

.... by his order dated 27-1-1987 and directed to amend the plaint by adding opposite-parties No.1-6 as defendants in the original suit and also directed the plaintiff petitioner to add the Government of Bangladesh as a defendant. 5. being aggrieved by and dissatisfied with the aforesaid judgment a......hs from the date of receipt of this judgment without any fail. Communicate this judgment and order to the Court concerned. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 233. ......the Court concerned. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 233. ......hs from the date of receipt of this judgment without any fail. Communicate this judgment and order to the Court concerned. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 233. ..

Category: Civil Law | Date: 11 Oct, 2012 | Hits: 3

Bangladesh and others Vs. M/S. Sanker Kumar Das, 2012, 41 CLC (AD)

.... Appellate Division (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Bangladesh and others.........................Appellants Vs. M/S. Sanker Kumar Das..............llegality or infirmity in the impugned judgment of the High Court Division. Accordingly, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: ...... dated 27.01.2003 issued by the petitioner No.1. The respondent obtained a work order contained in Memo No.W-4/1429 dated 12.06.2002 from the Executive Engineer (R & H), Roads Division, Gopalgonj for constructing flexible pavement over Hatbaria-Golabaria Road, 9th Angsha and 10th Angsha. As per ......llegality or infirmity in the impugned judgment of the High Court Division. Accordingly, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: ..

Category: Others | Date: 10 Oct, 2012 | Hits: 144

Lal Mia and another Vs. Secretary, Ministry of Land and others, 2012, 41 CLC (HCD)

....ctober 8, 2012. Result: The Rule is disposed of. Binding force of a court A decree of a competent civil court is binding upon all the authorities of the People’s Republic of Bangladesh and therefore the respondents are legally bound to mutate the names of the petitioners in......udge, Narayanganj. Accordingly, the Rule is disposed of with the above observations and directions. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 68.     ............................Petitioners Vs. Secretary, Ministry of Land and others..........Respondents Judgment October 8, 2012. Result: The Rule is disposed of. Binding force of a court A decree of a competent civil court is binding upon all the authorities of the......udge, Narayanganj. Accordingly, the Rule is disposed of with the above observations and directions. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 68.     ..

Category: Property Law | Date: 8 Oct, 2012 | Hits: 8

Government of the People's Republic of Bangladesh Vs. Dr. Prodip Kumar Roy and others, 2012, 41 CLC (HCD)

....ported in: 18 BLC (HCD) (2013) 231. ......The order of statue quo granted by this Court stands vacated. The office is directed to send the lower Court's record. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 231. ......¤ āϏāĻŽā§āĻĒāĻ¤ā§āϤāĻŋ āϝāϤāϟ⧁āϕ⧁ āϜ⧜āĻŋāϤ āϤāϤāϟ⧁āϕ⧁ āĻŦāĻžāĻŦāĻĻ āĻŽāĻžāĻŽāϞāĻžāϟāĻŋ āφāĻĒāύāĻž āφāĻĒāύāĻŋ abated āĻŦāϞāĻŋ⧟āĻž āĻ—āĻŖā§āϝ āĻšāχāĻŦ⧇; “The force of sub Rule (1) "ka" of section 13 provides that any litigation pending before any C......The order of statue quo granted by this Court stands vacated. The office is directed to send the lower Court's record. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 231. ..

Category: Property Law | Date: 7 Oct, 2012 | Hits: 5

Moudud Ahmed Vs. Anti-Corruption Commission and another, 2012, 41 CLC (HCD)

....ding hearing of the rule, all further proceedings of the above mentioned case were stayed. 3. Facts necessary for disposal of the rule are that the accused-petitioner is a Senior Advocate of the Bangladesh Supreme Court and he held responsible posts of the Govern­ment including Deputy Prime......h the Special Case in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 778. ......pass such other order or orders as to this Court may seem fit and proper. 2. Pending hearing of the rule, all further proceedings of the above mentioned case were stayed. 3. Facts necessary for disposal of the rule are that the accused-petitioner is a Senior Advocate of the Bangladesh Supr......h the Special Case in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 778. ..

Category: Anti-Corruption Laws | Date: 7 Oct, 2012 | Hits: 95

Agrani Bank Vs. Anwarul Bashir Khan and others, 2012, 41 CLC (AD)

....of the Artha Rin Adalat Ain, 2003. These appeals are disposed of with the above observations without any order as to costs. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 120. ......of the Artha Rin Adalat Ain, 2003. These appeals are disposed of with the above observations without any order as to costs. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 120. ......judgment and order dated 7-3-2007 passed by the High Court Division in Writ Petition Nos.5590 and 5539 of 2004). Judgment SK Sinha J. - These appeals arise out of the same judgment and therefore they are disposed of by this judgment. Agrani Bank obtained a preliminary decree against w......of the Artha Rin Adalat Ain, 2003. These appeals are disposed of with the above observations without any order as to costs. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 120. ..

Category: Civil Law | Date: 3 Oct, 2012 | Hits: 5

Motaher Hossen Vs. Bangladesh Commerce Bank Limited and others, 2012, 41 CLC (HCD)

....n) Present: Md. Rezaul Hasan J Motaher Hossen……………………………...........................Petitioner Vs. Bangladesh Commerce Bank Limited and others………...Respondents Judgment ......nt of the bodies to complete the process of IPO is hereby deleted, in con­sequence. Cost will be borne by the company. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 393. ......t, seeking condonation of delay in calling, holding and conducting the 13th Annual General Meeting (AGM) of the Respondent No.1 (herein after referred as 'the Bank'). 2. Facts, in short, for the disposal of the matter are that one Md. Abdul Mia, a shareholder of the Bank holding 112 sha......nt of the bodies to complete the process of IPO is hereby deleted, in con­sequence. Cost will be borne by the company. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 393. ..

Category: Company Law | Date: 2 Oct, 2012 | Hits: 14