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Jamiul Hossain Vs. Government of Bangladesh & Others, 2011, 40 CLC (HCD)
....of issuance of Rule Nisi is, hereby, recalled and vacated. Let a copy of the judgment be communicated to the Respondents forthwith. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 49. ......………………Petitioner Vs. Government of Bangladesh & Others…………………………Respondents Judgment February 15, 2011. Result: The Rule is made absolute. The proceeding under article 102(2) of the Constitution is a summary one and it is mainly decided on the..Category: Constitutional Law | Date: 15 Feb, 2011 | Hits: 176
Rupali Bank Ltd., Dhaka Vs. M/S. Brick Linkers Ltd. and Others, 2011, 40 CLC (AD)
....ecree, and that no appeal lies from any order passed by the Adalat. Section 6 should be read subject to the provisions of section 7. In the premises, the High Court Division is perfectly justified in quashing the order dated 24th April, 2003 of the Adalat. 16. On perusal of the materials on recor......em. The appeal is dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 92, 16 BLC (AD) (2000) 107, VIII ADC (2011) 523 ..Category: Banking Law | Date: 15 Feb, 2011 | Hits: 189
Promoda Sundari Sen Kalyan Trust Vs. Momtaz Zafar Ahmed and Others, 2011, 40 CLC (HCD)
....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 ......cree of the Artha Rin Adalat filed the present suit for permanent injunction in respect of the suit property as described in the schedule of the plaint; which already have been sold in auction in the proceedings of the Execution Case No. 368 of 2004 and in that view of the matter both the Courts bel..Category: Banking Law | Date: 9 Feb, 2011 | Hits: 2
Shah Alam (Md.) Vs. State and another, 2011, 40 CLC (HCD)
....eceived but the money was not paid, the impugned proceeding should not be stifled at the early stage of the case. Moreover, controversial fact; even if any, cannot be taken into consideration for quashing the proceeding under section 561A of the Code of Criminal Procedure. Evidently the complain......Mohanagar Additional Sessions Judge, 3rd Court, Chittagong, should not be quashed, or any other order passed as this Court may deem fit and proper. 2. By the same Rule issuing order, all further proceedings of the above Sessions Case were also stayed. 3. The relevant facts for disposal of th..Category: Banking Law | Date: 6 Feb, 2011 | Hits: 361
Sohrab Hossain (Md.) & others Vs. State & another, 2011, 40 CLC (HCD)
.... before the concerned Metropolitan Magistrate, Dhaka on 11-2-2001 and they were enlarged on bail on the said date. Then they filed the application under section 561A of the Code before this Court for quashing the impugned proceedings and obtained the instant Rule. 4. Mr. Meah Md. Kausar Alam, l......Metropolitan Magistrate, Dhaka on 11-2-2001 and they were enlarged on bail on the said date. Then they filed the application under section 561A of the Code before this Court for quashing the impugned proceedings and obtained the instant Rule. 4. Mr. Meah Md. Kausar Alam, learned Advocate for th..Category: Others | Date: 3 Feb, 2011 | Hits: 4
Md. Nasurullah alias Nasu Vs. Artha Rin Adalat No. 4, Dhaka and others, 2011, 40 CLC (HCD)
....perty. Lat a copy of the judgment be communicated to the concerned executing Court for future guidance as well. Nazmun Ara Sultana J.- I agree Ed. This Case is also Reported in: ....... Writ Petition No. 801 of 2010. Judgment Md. Ruhul Quddus J. - This Rule, at the instance of a legal heir of a judgment debtor in a mortgage decree, was issued calling in question the proceedings in Execution Case No.727 of 2005 of Artha Rin Adalat No. 4, Dhaka and the legality of or..Category: Banking Law | Date: 2 Feb, 2011 | Hits: 175
Kanin (India)(P) Ltd. Vs. Registrar of Trade Marks, Dhaka and another, 2011, 40 CLC (HCD)
....ment be communicated and the record be sent back to the Registrar of Trade Marks, Dhaka immediately. Nazmun Ara Sultana J.- I agree. This Case is also Reported in: 18 BLC (HCD) (2013) 44. ......Registrar no bar for appeal If a person whether juristic or natural is aggrieved by a decision of the Registrar of Trade Marks, can prefer an appeal in spite of being not a party in the original proceeding. A person aggrieved is never prohibited to present an appeal against a decision of the Re..Category: Intellectual Property Law | Date: 30 Jan, 2011 | Hits: 183
Mirza Ahsan Habib Vs. The Judge, Artha Rin Adalat and another, 2011, 40 CLC (HCD)
....er section 33(5) of the Ain will, however, remain with the bank and may also be disposed of in accordance with law. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 579. ...... Adalat Ain, 2003 is hopelessly barred by the law of special limitation and, as such, it is liable , to be rejected. The warrant of arrest issued against the petitioner, in an illegal execution proceeding, is also illegal. 6. On the other hand, Mr. Md. Mozibur Rahman Mian, the lear..Category: Banking Law | Date: 29 Jan, 2011 | Hits: 2
Md. Hamiduzzaman Vs. Joint District Judge, Artha Rin Adalat, Faridpur and others, 2011, 40 CLC (HCD)
....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: ...... suit and as a result it was decreed ex parte on 8.5.2005. Thereafter the decree holder-bank filed Artha Rin Execution Case No.104 of 2005 in the Artha Rin Adalat, Faridpur on 19.6.2005. In course of proceedings in the said execution case, auction notices were published under section 33 (1) (4) of t..Category: Banking Law | Date: 20 Jan, 2011 | Hits: 233
Mirza Ahsan Habib Vs. Judge, Artha Rin Adalat, Khulna and another, 2011, 40 CLC (HCD)
....r section 33 (5) of the Ain will, however, remain with the bank and may also be disposed of in accordance with law. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ...... Artha Rin Adalat Ain, 2003 is hopelessly barred by the law of special limitation and as such it is liable to be rejected. The warrant of arrest issued against the petitioner, in an illegal execution proceeding, is also illegal. 6. On the other hand Mr. Md. Mozibur Rahman Miah, the learned Advo..Category: Banking Law | Date: 19 Jan, 2011 | Hits: 305
Bangladesh Legal Aid and Services Trust Vs. Secretary, Ministry of Education, 2011, 40 CLC (HCD)
.... 63 DLR (2011) 643. An international organisation set up in 2001 to campaign for worldwide prohibition by law of all corporal punishment of children, whether by parents or schools. ......corporal punishment and also to take appropriate action against the perpetrators of corporal punishment under the Penal Code, 1960, Children Act, 1974 and, where appropriate, to initiate departmental proceedings against them. The heads of educational institutions were directed to take necessary step..Category: Women and Children | Date: 13 Jan, 2011 | Hits: 248
Hasna Ahmad Vs. State and another, 2010, 39 CLC (HCD)
....the facts disclosed in the charge-sheet having no tangible basis at all do not constitute any offence against the petitioner and the nondisclosure of any offence against her is a good ground for quashing the proceedings of the case so far as it relates to her. 12. In support of the above s...... harassment in so far as the petitioner is concerned. Consequently, the High Court Division in its inherent jurisdiction under section 561A of the Code of Criminal Procedure is competent to quash the proceedings of the case, so far as it relates to her………………..Category: Anti-Corruption Laws | Date: 1 Dec, 2010 | Hits: 189
Shanik Chandra Barmon Vs. State and another, 2010, 39 CLC (HCD)
....ccordance with the aforesaid Rules, 2007. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 114 ......s entrusted with the responsibility of collecting installments from the members of the Grameen Bank. At that time, he misappropriated a total amount of Taka 65,886 from the collection. A departmental proceeding was drawn up on the charge of misappropriation of money belonging Grameen Bank and ultima..Category: Anti-Corruption Laws, Criminal Law | Date: 2 Nov, 2010 | Hits: 5
Redwan Ahmed Vs. Bangladesh, 2010, 39 CLC (HCD)
....il already granted to him by this Division. The order of stay granted earlier by this Court is hereby vacated and recalled. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 70. ......Petition No. 9365 of 2007. Judgment Md. Ashfaqul Islam J.- At the instance of the petitioner Redwan Ahmed, this Rule Nisi was issued calling upon the respondents to show cause as to why the proceeding of Metro Bishesh Case No.133 of 2007 arising out of Ramna Police Station Case No.40 dated..Category: Anti-Corruption Laws | Date: 25 Oct, 2010 | Hits: 211
Nurul Majid Mahmood Humayun Vs. Brigadier General Hassan PSC (Rtd.) and others, 2010, 39 CLC (AD)
....indings 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: 19 BLC (AD) (2013) 89. ......made in the Representation of the People Order, 1972, vide the Representation of the People (Amendment). Ordinance 2008, the Respondent No.1 cannot be said to be a candidate and, as such, before proceeding with the merit of the case, the issue whether the Respondent No.1 is a candidate or not, ..Category: Civil Law, Election Law | Date: 7 Oct, 2010 | Hits: 8
Orascom Telecom Bangladesh Limited Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....etitioner prefers appeal before the Tribunal, the limitation in preferring the appeal would not operate as a bar in that event. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 319. ......ct and the petitioner was asked to show cause within 15 days under those sections instead of issuing notice under section 55 of the VAT Act 1991. This is absolutely without jurisdiction since without proceeding under section 55 of the VAT Act section 37 of the Act cannot be resorted to. 19. It ..Category: Fiscal/Taxation Law | Date: 7 Oct, 2010 | Hits: 174
Abul Kashem (Md.) Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
....order as to cost. The order impugned against is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 67. ......ically argued that as mandated by sub-rule 1-5 of Rule 7 of ACC Rules 2007, the Commission could not complete the enquiry within specified time as provided under the said Rule and for that reason the proceeding against the petitioner ought to have been closed but without doing so the respondent proc..Category: Anti-Corruption Laws | Date: 5 Oct, 2010 | Hits: 182
Ferdous Khan @ Alamgir Vs. Islami Bank Bangladesh Ltd. and another, 2010, 39 CLC (HCD)
....d from his bail bond. The order of stay granted earlier by this Court shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 540. ......zaul Hasan J.- This Rule issued under section 561A of the Code of Criminal Procedure (the Code) at the instance of the accused petitioner calling upon the opposite parties to show cause as to why the proceedings of CR Case No.107 of 2008 (Bandar Zone) under section 138 and 140 of the Negotiable Inst..Category: Banking Law | Date: 1 Aug, 2010 | Hits: 657
Category: Employment/Service Law | Date: 18 Jul, 2010 | Hits: 5
Abeda Khatun and others Vs. Md. Idris Mia and others, 2010, 39 CLC (HCD)
....order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 308. ...... her filed an application in the suit praying for exemption from service of summon upon her and obtained an order beyond her knowledge, It has also been stated that she was not at all aware of the proceedings of the Partition Suit No.186 of 1986 which was renumbered as Partition Suit No.82 of 19..Category: Procedural Law | Date: 14 Jul, 2010 | Hits: 3