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ABC Attire Ltd. Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....0-2010 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 mortgagor bank for compensation, if it is proved that there was illegality in the auction sale and, as such, t......ssession of the property free from all legal encumbrances. Respondent No.11 by his letter dated 22-12-2010 informed the Bank about his possession and requested the Bank to hand over all the necessary documents relating to the pro­perty to respondent No.11. Respondent No.11 par­ticipated the auctio..

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: ......visional survey in S.A. plot No. 166, 167, 172, 173 and 171 and the same was recorded as R.S. Khatian No. 1. The plaintiffs tried to grab the government property by creating some false and fabricated documents and filed this suit against the defendants. The government owned and possessed the suit sc..

Category: Evidence Law | Date: 3 Apr, 2012 | Hits: 113

Anti-Corruption Commi­ssion Vs. Unipay 2U Bangladesh Ltd., 2010, 39 CLC (HCD)

....tion ২(ট)(অ) and 4(2) of the Money Laundering Protirodh Ain, 2009. 4. On the prayer of the informant the learned Metropolitan Sessions Judge, Dhaka, by his order dated 8-2-2011 freezed the bank account of the accused opposite party No.1 under section 14 of the Money Laundering Protirodh A......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

Government of the People's Republic of Bangladesh & another Vs. Shahjahan & others, 2012, 41 CLC (AD)

.... 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. ......pointment letters to the Ministry of Establish­ment. Pursuant to the writ petitioner’s representa­tions from time to time, the Government was satis­fied on perusal of their relevant documents that they were Ex-Mujibnagar Employees and nominated them for their absorption to their re..

Category: Employment/Service Law | Date: 22 Mar, 2012 | Hits: 151

AHM Kamruzzaman Khan Vs. Register, Joint Stock Companies & Firms 24-25 Dilkusha C/A, Dhaka and other, 2012, 41 CLC (HCD)

....39;s records along with a copy of this judgment at once. Nozrul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: 18 MLR (HCD) (2013) 289, 19 BLC (HCD) (2014) 18. ......r. Shafiqul Islam, Mr. Rafiqul Islam and Mr. Saiful Islam and they were shown as the directors of the company on 30.03.2006. The defendant No.2 in collusion with defendant Nos. 3-6 created some false documents to misappropriate the properties of the Mill. The plaintiff’s post as Managing Direc..

Category: Company Law | Date: 19 Mar, 2012 | Hits: 689

Luthfor Rahman (Md.) Vs. Bangladesh & others, 2012, 41 CLC (HCD)

....s set-aside. Title Suit No.5 of 2006 is decreed. 21. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 124. ...... or part thereof without having obtained expressed permission or authority of the Government or the Local Authority con­cerned, as the case may be, and without executing, where necessary, a legal documents, and includes.            &nbs..

Category: Others | Date: 18 Mar, 2012 | Hits: 5

Commissioner of Customs and another Vs. Equity Construction Pvt. Ltd., 2012, 41 CLC (AD)

....extended till disposal of the appeal. Let this appeal be heard along with the appeals arising out of C.P. Nos. 1396-1397 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 876. ......teen) days from the date of receipt of the judgment. 3. According to the writ petitioner it imported the second hand machineries and equipments for construction purposes and when it produced the documents for release of the same, the petitioners refused to release them on the ground that they w..

Category: Fiscal/Taxation Law | Date: 15 Mar, 2012 | Hits: 87

Industrial Promotion and Development of Bangladesh Limited (IPDC) and another Vs. Mrs. Mohsina Rahman and others, 2012, 41 CLC (AD)

....hey regretted the prayer on the ground that her name has been enlist­ed as ‘খেলাপী ঋণ গ্রহীতা’ in the list of CIB. She is not a defaulter borrower of any bank or financial institution. 4. The High Court Division upon hearing the parties by the impug......r to make the appeal ready for hearing. This appeal will be heard along with Civil Appeal Nos.307 of 2008 and 447 of 2007 for hearing. Ed. This Case is also Reported in: 9 ADC (2012) 865. ..

Category: Banking Law | Date: 12 Mar, 2012 | Hits: 7

Noor Jahan Begum Vs. Chairman, BSCIC and others, 2012, 41 CLC (HCD)

.... No.1022 (F) of 2005 is accordingly discharged. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 12.  ...... No.1022 (F) of 2005 is accordingly discharged. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 12.  ..

Category: Civil Law | Date: 12 Mar, 2012 | Hits: 10

Shahidur Rahman Khadem Vs. State and others, 2012, 41 CLC (AD)

....between them providing that the petitioner would return Tk. 90,00,000 and issued 5(five) cheques in favour of the complainant for Tk. 80,00,000 only. The complainant presented the said cheques in his bank account for encashment, but the same were dishonoured by the drawer bank due to insufficien­...... appeal below. These petitions are disposed of with the above observa­tions and reduction of the sentences of fine as above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 103. ..

Category: Criminal Law | Date: 12 Mar, 2012 | Hits: 122

Jamuna Builders Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....e) year from the date of receive of this judgment. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 219. ......on 16-10-2008. This case was filed on 20-10-2008. Since this case was filed within 30 (thirty) days from the date of knowledge of impugned decree, the case is not barred by limitation. The record and documents also so that the defendants petitioners were proforma defendants in the case and the suit ..

Category: Abandoned Properties Law, Property Law | Date: 5 Mar, 2012 | Hits: 18

Mojibur Rahman (Md.) and others Vs. State, 2012, 41 CLC (HCD)

....al Judge, Dhaka and also to the Chairman of the Anti-Corrup­tion Commission. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 36.         ......he 11 accused petitioners and b) whether the signature on the third nomination letter was a forgery…....................(24) The IO failed to examine sufficiently the relevant persons and documents pertaining to the principle legal issues of the case prior to submitting his investigation..

Category: Anti-Corruption Laws | Date: 5 Mar, 2012 | Hits: 9

Mahbubur Rahman & others Vs. State, 2012, 41 CLC (HCD)

....of this Judgment and Order to the learned Divisional Special Judge, Dhaka and also to the Chairman of the Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 265. ......ces against the accused-peti­tioners and therefore the proceeding of the Special case should not be quashed. 13. We have perused the materials on record including the FIR and charge-sheet and the documents Annexed with the application. 14. We have considered the grounds taken in the applicati..

Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 37

Abdul Wahab Sheikh Vs. Md. Kamal Hossain alias Md. Kalam Hossain & Others, 2012, 41 CLC (AD)

....le). The defendant Nos.3 to 5/7 also contested that case by filing joint written objection contending, inter-alia, that whether the opposite party No.1 had any debt or liability that was known to the bank, but at the time of scrutiny of the nomination paper, the bank did not raise any objection to t......o that effect. That the election was held freely and fairly and as such the election petition was liable to be dismissed. 5. The Election Tribunal, after considering the oral evidence and also the documents adduced by the contesting parties, allowed the election case vide judgment and order dated..

Category: Limitation Law | Date: 3 Mar, 2012 | Hits: 208

M/s. Sadharan Bima Corporation Vs. United Fish Exports Limited and others, 2012, 41 CLC (AD)

....ima Corporation (the present petitioner) and others as defendants for a decree of Tk. 1,17,00,000/- (Taka one crore seven­teen lacs) only and for further decree for statutory interest @ 5% above the bank rate for the period from the date of acci­dent to the date of realization. The defen­dant Sad......t that there is no merit in these Civil Petitions for leave to appeal and in the circumstances both the civil petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 563. ..

Category: Business or Commercial Law | Date: 26 Feb, 2012 | Hits: 616

Mamun-ur-Rashid (Md.) Vs. Secretary, Ministry of Law and others, 2012, 41 CLC (HCD)

....epresented by its Managing Director is commercial Bank created and established under the Banking Companies Act under the control of Bangladesh Bank and respondent No.4 is in charge of respondent No.3 bank's Uttara Branch and responsible for running all the banking transactions including disburse......rlier by this Division at the time of issuing of the rule is hereby vacated and recalled. Communicate at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 162.   ..

Category: Civil Law, Procedural Law | Date: 23 Feb, 2012 | Hits: 7

Sonali Bank Vs. Habib Medical Store and Others, 2012, 41 CLC (HCD)

....grieved the appellant moved before this Court. 3. No one appears on behalf of the respondents to oppose the appeal. 4. Mr. Bayezid, the learned Advocate appearing on behalf of the appellant bank submits that admittedly the respondent as importer opened L/C to import certain goods to the tu......dismissed without any order as to cost. Send down the LC record with a copy of the judgment at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 73     ..

Category: Banking Law | Date: 14 Feb, 2012 | Hits: 0

Md. Abul Kashem Vs. Mahmudul Hasan @ Major General Mahmudul Hasan (Rtd.) and others, 2012, 41 CLC (AD)

.... the election process, the Deputy Commissioner, Tangail acting as Returning Officer received objections and information about disqualification of the appellant on two counts, namely default in paying bank loan and telephone bills. The first source was a letter dated 30.11.2008 issued by the Sonali ......gh Court Division is correct. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 65; 32 BLD (AD) (2012) 127; 9 ADC (2012) 489. ..

Category: Election Law | Date: 14 Feb, 2012 | Hits: 262

Tarik Hossain and others Vs. Dulari Begum & Others, 2012, 41 CLC (HCD)

....n given by this Court as above, are solely with a view to ensure social justice in respect of the parties involved in this suit. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 59. ......­closing that the suit was brought for partition of the entire property left behind by Badsha Miah described in Ka, Kha, Ga and Gha schedule of the plaint. 28. This witness also produced the documents. This witness also disclosed that the decree on com­promise obtained in Title Suit No...

Category: Property Law | Date: 7 Feb, 2012 | Hits: 4

Abdur Razzak Vs. State, 2012, 41 CLC (HCD)

....dgment and Order to the learned Divisional Special Judge, Dhaka and another copy to the Chairman of Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 192. ......dgment and Order to the learned Divisional Special Judge, Dhaka and another copy to the Chairman of Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 192. ..

Category: Anti-Corruption Laws | Date: 2 Feb, 2012 | Hits: 134