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Ayat Steel Limited Vs. Mohammad Ali and others, 2011, 40 CLC (AD)

.... 4. The learned Joint District Judge upon hearing the parties rejected the prayer for temporary injunction by judgment and order dated 6th May, 2010. On appeal from the said judgment, a Division Bench of the High Court Division by the impugned judgment maintained the judgment and order of the ...... with no option but to maintain the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 123. ..

Category: Civil Law | Date: 17 Jul, 2011 | Hits: 7

M/S. Hasan Vegetable Oil Mills Ltd. Vs. M. T. SCEPTRE, 2011, 40 CLC (HCD)

....e goods could not be delivered”. This not being attracted in the instant case, this court finds no merit in the argument of the learned Advocate Mr. Mizanul Haq Chowdhury. 34. Further a division Bench of this court in the case of Continental Traders Vs. Bangladesh Textile Mills Corporation and ...... as to costs. The Bank Guarantee submitted by the defendants earlier be returned immediately to the filing Advocate on behalf of the defendant Nos.1 and 3. Ed. This Case is also Reported in: ..

Category: Admiralty Law or Maritime Law | Date: 17 Jul, 2011 | Hits: 61

Sonali Bank Limited Vs. Abdul Malek and another, 2011, 40 CLC (HCD)

....Division in First Appeal No.836 of 1991). Judgment Muhammad Imman Ali J. - This Civil Petition for Leave to Appeal arises out of the judgment and order dated 20.05.2010 passed by a Division Bench of the High Court Division in First Appeal No.836 of 1991, dismissing the appeal, affirming th......w that this Civil Petition for Leave to Appeal has no merit and is, accordingly dismissed, without, however, any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 649. ..

Category: Banking Law | Date: 22 Jun, 2011 | Hits: 162

Sonali Bank Limited Vs. Abdul Malek and another, 2011, 40 CLC (HCD)

....Division in First Appeal No.836 of 1991). Judgment Muhammad Imman Ali J. - This Civil Petition for Leave to Appeal arises out of the judgment and order dated 20.05.2010 passed by a Division Bench of the High Court Division in First Appeal No.836 of 1991, dismissing the appeal, affirming th......w that this Civil Petition for Leave to Appeal has no merit and is, accordingly dismissed, without, however, any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 649. ..

Category: Banking Law | Date: 22 Jun, 2011 | Hits: 7

Md. Habibur Rahman Bhuiyan and others Vs. Mosammat Galman Begum and others, 2011, 40 CLC (AD)

....ope for raising the question of defect of parties on account of non-joinder of neces­sary parties, for the first time in revision". 16. In Abdur Rashid Sarker's case (58 DLR (AD) 159), two member Bench of this Division noticed the earlier cases including the case of Abdus Samad and observed "we ......ed by my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:9 ADC (2012) 575. ..

Category: Property Law | Date: 15 Jun, 2011 | Hits: 169

Abu Bakkar Lashkar & others Vs. Rostam Ali Mondal & others, 2011, 40 CLC (AD)

....ision in Civil Rule No. 1024(con) of 2009). Judgment Syed Mahmud Hossain J.- This petition for leave to appeal is directed against the judgment and order dated 27.04.2010 passed by a Single Bench of the High Court Division in Civil Rule No.1024(Con) of 2009 discharging the Rule for condona......ciation of law and facts do not call for interfer­ence. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 210. ..

Category: Procedural Law | Date: 9 Jun, 2011 | Hits: 100

Md. Arif-Uz-Zaman Vs. State and another, 2011, 40 CLC (AD)

....he petitioner filed a revision application before the High Court Division under section 439 read with 435 of the Code and obtained the Rule vide Criminal Revision No.1717 of 2009. 4. A Division Bench of the High Court Division which heard the Rule by the impugned judgment and order discharged ......h Court Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 400; 8 LG (AD) (2011) 196; 17 BLC (AD) (2012) 167; 21 BLT (AD) 234. ..

Category: Banking Law | Date: 9 Jun, 2011 | Hits: 196

Bangladesh Tobacco Company Limited Vs. Ashoke Kumar Das & others, 2011, 40 CLC (HCD)

....to be settled from pleadings. Formal defect includes every kind of defect which is in no way affect the merits of the case i.e. a defect of form not a defect in the merits of the case. In the full Bench decision of Ramras Vs. Appanna, AIR 1940 Bom. 121 (FB) it is held that expression 'formal def...... In the result, this appeal is disposed of. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 53. ..

Category: Procedural Law | Date: 2 Jun, 2011 | Hits: 6

Major (Retd.) Rafiq Hasan Faruq Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....thus he gets an opportunity to discharge his liability to a greater extent. 10. In support of his submission Mr. Munir Sharif, the learned Advocate referred to an unreported decision of a Division Bench of this Court in the case of SDS Dairy Limited Vs. Bangladesh and others. 11. We have exami...... order as to cost. The office is directed to communicate the Judgment at once to the concerned executing Court (Respondant No. 3). Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 281. ..

Category: Banking Law | Date: 16 May, 2011 | Hits: 179

Mohammad Tayeeb and another Vs. Government of the People’s Republic of Bangladesh (Fatwa Judgment), 2011, 40 CLC (AD)

....ough the Constitution stringently ensured that no body would trifle with her, with them. 65. The sad and inhuman plights of Shahida was reported in a newspaper and two of the learned Judges of a Bench of the High Court Division, noticed the said news item. Should they keep their eyes shut, clos......authorized, is maintained. No order as to costs. This Case is also Reported in:                   ..

Category: Civil Law | Date: 12 May, 2011 | Hits: 34

Hossain Md. Rajib Vs. State, 2011, 40 CLC (HCD)

....rjatan Daman Ain, 2000 (amended 2003). The appellant along with other accused persons voluntarily surren­dered before the High Court Division and after con­sidering the merit of the case a Division Bench of this Court was pleased to grant them anticipatory bail for a period of six months. On expir......-3-2010 and allow the appeal. With this observation the appeal is allowed and the ad interim bail granted earlier is affirmed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 447...

Category: Women and Children | Date: 2 May, 2011 | Hits: 171

Kartic Das Gupta Vs. Election Commission of Bangladesh and others, 2011, 40 CLC (AD)

....any interest in the matter Writ-petition in question could not be termed as public interest lit­igation. Before going into the merit of a writ petition the first and primary duty of the writ Bench is to see whether writ petition itself is maintainable in law or whether the writ petitioner h......we find no merit in the sub­missions of Mr. Ahsanul Karim. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 578, 19 BLC (AD) (2014) 113. ..

Category: Election Law | Date: 3 Apr, 2011 | Hits: 168

Nazmul Islam alias Nazu Vs. State, 2011, 40 CLC (HCD)

....t a case of rape as defined in section 9(1) of the Nari-o-Shishu Nirjatan Ain, 2000 and section 375 of the Penal Code. 29. In the case of Suhel Rana Vs. State, reported in 57 DLR 591, a Division Bench of the High Court Division held that; "An offence of rape is not a continuing offence. Wh......levelled against him and he be set at liberty at once, if not wanted in other case. Send down the lower Court record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 460...

Category: Women and Children | Date: 21 Mar, 2011 | Hits: 165

Uniroyal Securities Ltd. Vs. Commissioner of Taxes, 2011, 40 CLC (HCD)

....ca­tion under section 160(1) of the Income Tax Ordinance, 1984 (hereinafter referred to as Ordinance, 1984) has been filed by the applicant against an order of the Taxes Appeal Tribunal, Division Bench-5 Dhaka, passed in Income Tax Appeal No. 4408 of 2008-2009 (Assessment year 2007-2008) dated 3......any order as to cost. The Registrar of the Supreme Court is directed to take necessary steps under section 162 of the Ordinance. Ed. This Case is also Reported in: 63 DLR (2011) 676. ..

Category: Fiscal/Taxation Law | Date: 21 Mar, 2011 | Hits: 123

Maulana Mohammad Shamsul Huq and others Vs. Abu Taher and others, 2011, 40 CLC (AD)

....in Civil Revision No.4049 of 2006.) Judgment Nazmun Ara Sultana J.- This Civil Petition for leave to appeal has been directed against the judgment and order dated 12.05.2009 passed by a Single Bench of the High Court Division in Civil Revision No.4049 of 2006 discharging the rule issued calli......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. ..

Category: Property Law | Date: 20 Mar, 2011 | Hits: 84

M.A. Bari Talukder Vs. Agrani Bank & others, 2011, 40 CLC (AD)

....sion in Writ Petition No.8731 of 2008.) Judgment Nazmun Ara Sultana J. - This Civil Petition for Leave to Appeal is directed against the judgment and order dated 11.03.2010 passed by a Division Bench of the High Court Division in Writ Petition No.8731 of 2008. 2. The facts necessary for dis......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. ..

Category: Banking Law | Date: 14 Mar, 2011 | Hits: 247

Executive Chairman, Bangladesh Export Processing Zones Authority (BEPZA) Vs. M/s. Abdul Mannan and anothers, 2011, 40 CLC (AD)

....petitions for leave to appeal arising out of the same judgment and order, taken together for hear­ing analogously are directed against the judgment and order dated 17-11-2009 passed by a Division Bench of the High Court Division making the Rules absolute in Civil Revision Nos.389 of 2008 and 422......ation thereof, we do not find any merit in these two leave petitions. Accordingly, these leave petitions are dis­missed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 86. ..

Category: Civil Law | Date: 23 Feb, 2011 | Hits: 10

Hussain Fabrics Ltd. Represented by its Managing Director and another Vs. Haji Momena Khatun and others, 2011, 40 CLC (AD)

....nd could not examine their witnesses, produce doc­uments in the Court, mark the same as exhibits and also could not cross-examined two witnesses out of four produced by the plaintiffs. A Division Bench of the High Court Division kept the application under Order XL, rule 27 of the Code of Civil P......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. ..

Category: Civil Law | Date: 17 Feb, 2011 | Hits: 5

Abu Hanifa (Md.) Vs. Md. Shafiul Bashar and others, 2011, 40 CLC (AD)

....ed by the High Court Division in Writ Petition No.7505 of 2002.) Judgment Md.Muzammel Hossain J.- This appeal by leave is directed against the judgment and order dated 1-11-2003passed by a Division Bench of the High Court Division in Writ Petition No.7505 of 2002 making the Rule absolute and decla......dgment and order dated 1-11-2003 passed by a Division Bench of the High Court Division in Writ Petition No.7505 of 2002 is hereby affirmed. Ed. This Caseis also Reported in: 65 DLR (AD) (2013) 243. ..

Category: Civil Law | Date: 15 Feb, 2011 | Hits: 8

Mosharraf Hossain (Md.) and others Vs. Akhtar Hossain, 2011, 40 CLC (HCD)

....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.......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...

Category: Property Law | Date: 27 Jan, 2011 | Hits: 95