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Nur Ahmed Vs. Moktar Ahmed & others, 1988, 17 CLC (HCD)

....of an order of the learned Munsif, Cox's Bazar dismissing the Miscellaneous Case No. 81 of 1983 filed under Order 9, Rule 13 of the Code of Civil Procedure by the petitioner for set­ting aside an ex parte order dated 10.4.1982 made in the Miscellaneous case No. 342 filed under section 96 of the Sta...... pay a sum of Tk. 250/- to the pre-emptor-opposite party by way of costs. In the result, the Rule is made absolute. No or­der as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 84....... pay a sum of Tk. 250/- to the pre-emptor-opposite party by way of costs. In the result, the Rule is made absolute. No or­der as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 84...

Category: Property Law | Date: | Hits: 29

Abdul Mukit Chowdhury Vs. The Chief Election Com­missioner & others, 1988, 17 CLC (HCD)

.... given by the respondent No. 1. 4. Respondents No. 5, 6 and 7 have appeared and showed causes by filing separate affidavit-in-opposition denying the allegations made in the peti­tion on materials particulars. It is denied by them that there was any obstruction or interruption or stoppage of elec......nt any such direction. In the result, the Rule is discharged without costs. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 41 DLR (1989) 57.......nt any such direction. In the result, the Rule is discharged without costs. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 41 DLR (1989) 57...

Category: Election Law | Date: | Hits: 119

Warish Miah Vs. People's Republic of Bangladesh, 1988, 17 CLC (HCD)

....d this writ petition and obtained the present Rule. 3. Respondent No. 5 has appeared and filed an affidavit in opposition denying the allegations of the petitioner made in the petition on material particu­lars. It is asserted strongly by respondent No. 5 that he has not taken any loan from Sonal......election but with leave of the court withdrew the same with a view to filing another petition subse­quently by way of Quo Warranto. The petitioner came to know that respondent No. 5 has defaulted in payment of a loan taken from the Sonali Bank, Ma­nila Branch, Moulvibazar. The respondent No. 5 be......with leave of the court withdrew the same with a view to filing another petition subse­quently by way of Quo Warranto. The petitioner came to know that respondent No. 5 has defaulted in payment of a loan taken from the Sonali Bank, Ma­nila Branch, Moulvibazar. The respondent No. 5 be­came disqual..

Category: Election Law | Date: | Hits: 104

Sonali Bank Vs. Meghna Vegetable Oil Industries Ltd. & ors., 2009, 38 CLC (AD)

....and­ing loan liability of shareholder-Directors of 'ka' group originally payable by enter­prises of 'kha' group towards liquidating loan liability remained payable to Sonali Ltd. The bifurcation of parties of Meghna Group of Industries took place as per agreement dated 03.11.2001 and sub­sequent ......wing the defendant Nos.1 and 2 to file a written statement advised. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 644.......regrouped into "ka" and "kha" group and interchang­ing amongst themselves the share holder-Directors in bifurcated 'ka' group and 'kha’ group. All the enterprises of Meghna Group of Industries are loanees of Sonali Bank Ltd. In consequence of bifurcation and interchanging of positions of share ho..

Category: Procedural Law | Date: | Hits: 81

Altaf Hossain and others Vs. State, 2001, 30 CLC (HCD)

....arned Assistant Sessions Judge was justified in convicting and sentencing the accused appellants. Findings and decision: To appreciate the contentions of the learned Advocates of the contending parties and to arrive at a proper decision in the case we are called upon to scrutinise the material....... The accused appellants, who are currently on bail, are discharged from their bail bonds. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 54 DLR (2002) 464........ The accused appellants, who are currently on bail, are discharged from their bail bonds. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 54 DLR (2002) 464...

Category: Criminal Law | Date: | Hits: 28

Pubali Bank Ltd. Vs. Md. Mamunur Rahman and Another, 2001, 30 CLC (HCD)

.... the Artha Rin Court framed the following issues: i) Is the suit maintainable in its present form and manner? ii) Whether the suit is barred by limitation. iii) Is the suit bad for defect of parties? iv) Whether the plaintiff-bank is entitled to Taka 16,45,750 and whether they are entitl......c by the sanction letter dated 15-3-1986. The defendant No.1 although repaid some amounts of money towards liquidation of its loan liabilities from time to time but since 24-6-1986 did not make any repayment towards its loan. As such, the plaintiff bank was constrained to file this suit for recovery......f 1990, in allowing set off against the plaintiff. 2. The facts leading to the filing of this case, in brief, are that on the prayer made on behalf of Messers Sygol Brothers, the defendant No.1, a loan of Taka 8.00 lac was allowed in its favour by the plaintiff which was subsequently enhanced to ..

Category: Civil Law | Date: | Hits: 79

Duran Begum Vs. DC and Magistrate, 2nd Class, Railway Lands and Buildings and others, 2000, 29 CLC (HCD)

.... an area of acres appertaining of CS plot Nos. 203 and 204 SA plot Nos. 53, 558, 557 and RS plot Nos. 1810, 1811 were recorded in the name of Dilu Bepary and thereafter, the heirs of Dilu Bepary made partition of the land amongst themselves by registered partition deed dated 20-5-1948 under Serial N......o submits that the petitioner and her husband obtained approval of plan from RAJUK and constructed a three storied building on the land and that they have been possessing their land since purchase on payment of taxes, rates and other bills to the authority concerned and obtained receipts thereof. Th......has also filed approval of RAJUK dated 7-10-1991 as to the building plan by letter dated 17-5-1993 vide Annexure E, Annexure E1 is the sanction letter of the Arab Bangladesh Bank about house building loan of the petitioner. Annexure E4 is the SA Map relating to the case plot Nos. 203 and 204, Annexu..

Category: Property Law | Date: | Hits: 22

Moniruzzaman (Md.) Vs. ANM Didar-e-Alam and others, 2002, 31 CLC (HCD)

....minal Miscellaneous Case No. 3846 of 2001. Judgment Md. Shamsul Huda J. - This Rule was directed on an application under section 561A of the Code of Criminal Procedure calling upon the opposite parties to show cause as to why the proceeding of CR Case No. 3490 of 2000 under section 406 of the ......purchase different tickets of different airlines as a part of his travel business and he has defaulted in paying Taka 4,14,130 on different dates which was due to the complainant. The accused avoided payment on different pleas and pretexts and always promised to pay within a short period but he fail...... time of issuance of the Rule staying further proceeding of the case is recalled. Send down a copy of the order to the court below immediately. Ed This Case is also Reported in: 54 DLR (2002)445...

Category: Criminal Law | Date: | Hits: 29

Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2001, 30 CLC (HCD)

.... the District Judge, Lakshimpur in Title Appeal No. 44 of 1989 reversing those dated 30-4-1981 passed by the learned Subordinate Judge, Noakhali in Other Class Suit No. 85 of 1967. 2. The opposite party Nos. 1-4 as plaintiffs instituted Other Class Suit No. 85 of 1967 in the Court of Subordinate ...... impugned Judgment and decree calling for interference by the Court. In the result, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 440....... impugned Judgment and decree calling for interference by the Court. In the result, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 440...

Category: Property Law | Date: | Hits: 23

Tajul Islam Vs. Gobinda Prashad Das and others, 2000, 29 CLC (HCD)

....ttagong and therefore, these two Rules are taken up together for hearing and this judgment will govern both the Rules. 2. The short facts for the purpose of disposal of the Rules is that, opposite party No. 1 as complainant filed a petition of complaint before the Senior Special Judge, Cox’s Ba......nformation without giving any tips to them and this time if he wants any information then he shall have to pay Taka 500 or else asked him to get out of the office telling him that without making such payment no information will be supplied. When he protested this act on the part of the accused No.1 ......harged. In the result, the Rules are discharged. The order of stay granted earlier at the time of issuance of the Rules are hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002)436...

Category: Criminal Law | Date: | Hits: 62

Bangladesh Anabic Shakti Commission Karmachari Union Vs. Member, Labour Appellate Tribunal, Dhaka and others, 2000, 29 CLC (HCD)

....e union with the employees of respondent No.4, Bangladesh Atomic Energy Commission, and that the Ministry of Manpower by its memo dated 19-7-89 and the Ministry of Education, Science and Technology Department by its Memo dated 10-8-89 gave ‘no objection’ to the functioning of the petitioner unio......G’ to the writ petition and confirmed by Annexures-’X’ series to the writ petition and therefore the respondent No.4 falls within the definition of “industry” inasmuch as services against payment are being rendered by Respondent No.4. To appreciate this point we need to refer back to the...... and orders and cancellation of the registration of the petitioner union. Accordingly the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002)430...

Category: Labour and Industrial Law | Date: | Hits: 158

Sarwar Garments Ltd. Vs. Chairman, National Board of Revenue and others, 2001, 30 CLC (HCD)

....No. 3 entered appearance and filed an affidavit-in-opposition. In this case also the respondent No. 3 denied the material allegations made in the petition and asserted that the Customs Intelligence Department deputed Intelligence Officer to see whether the petitioner Company is utilising the cloths ......ose of the inquiry initiated by her under section 13(2) (b) of the Customs Act expeditiously and as early as possible in accordance with law. Ed. This Case is also Reported in: 54 DLR (2002) 420.......ose of the inquiry initiated by her under section 13(2) (b) of the Customs Act expeditiously and as early as possible in accordance with law. Ed. This Case is also Reported in: 54 DLR (2002) 420...

Category: Fiscal/Taxation Law | Date: | Hits: 63

Dewanbagh Darbar Sharif and another vs. Government of the People’s Republic of Bangladesh and others, 2002, 31 CLC (HCD)

....d in clash. Lastly, he has submitted that still there is a commotion in the area and if the petitioner along with his devotees enter into the campus again there will be a serious clash with the rival parties. According to him, police have done their duties only to maintain the law and order situatio......any direction in accordance with law in case of holding of any big congregation. With the observations made above the rule is disposed of. Ed. This Case is also Reported in: 54 DLR (2002) 413.......any direction in accordance with law in case of holding of any big congregation. With the observations made above the rule is disposed of. Ed. This Case is also Reported in: 54 DLR (2002) 413...

Category: Property Law | Date: | Hits: 25

Osi Meah Sowdager Vs. Tulsidham Akherar Madan Mahan Narasingha and others, 2002, 31 CLC (HCD)

.... therefore, inclined to take up these Rules for disposal on merit on the basis of the materials on record. 4. Mr. Bhishna Dev Chakroborty, the learned Advocate appearing for the plaintiff-opposite party, supports the impugned judgments. 5. The case of the plaintiff-opposite party is that the s......the learned 1st Court of Subordinate Judge, Chittagong for his information and necessary action. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002)409.......the learned 1st Court of Subordinate Judge, Chittagong for his information and necessary action. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002)409...

Category: Civil Law | Date: | Hits: 69

Golam Mohammad Khan Vs. Government of Bangladesh and others, 2002, 31 CLC (HCD)

....lso supplementary affidavit-in-opposition and argued that this detenu was involved in the case murder of a student leader named Sajal belonging to Chhatra Dal and as the detenu was a MP of the ruling party at the relevant time, he managed a final report in that case by exerting pressure upon the pol......ed illegally and, as such, we find no substance in the Rule and the same is liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002)405.......ed illegally and, as such, we find no substance in the Rule and the same is liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002)405...

Category: Criminal Law | Date: | Hits: 60

Abdul Mannan Miah Vs. Md. Salaiman Miah, 2000, 29 CLC (HCD)

....stration of Trade Mark No. 22202 dated 19-2-92, Registration of Copyright No. 5252 dated 7-5-95, BSTI certificate dated 18-8-99, Notice of caution and legal notice dated 20-7-99. 5. The defendant apart from fling an application under Order VII, rule 11 CPC praying for rejection of the plaint on t......ned trial Court is directed to dispose of the suit expeditiously preferably within three (3) months from the date or receipt of this judgment. Ed. This Case is also Reported in: 54 DLR (2002)394.......ned trial Court is directed to dispose of the suit expeditiously preferably within three (3) months from the date or receipt of this judgment. Ed. This Case is also Reported in: 54 DLR (2002)394...

Category: Intellectual Property Law | Date: | Hits: 200

Managing Director, Bangladesh Krishi Bank Vs. Gopal Chandra Nath and others, 2010, 39 CLC (AD)

.... - This petition for leave to appeal is directed against the judgment and order dated 09.07.2009 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No. 89 of 2007 allowing the appeal in part. 2. The facts, in short, are that the respondent Gopal Chandra Nath as petitioner filed Admi......nal suffers from no error of law calling for interference by this Court and accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 494.......nal suffers from no error of law calling for interference by this Court and accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 494...

Category: Administrative Law | Date: | Hits: 258

Uttara Bank Ltd. Vs. Ali and Co. and another, 2000, 29 CLC (HCD)

....further case of the defendants, in short, is that the plaintiff bank had floated a tender to demolish a building situated at holding 90/91, Motijheel Commercial Area, Dhaka. The defendants and others participated in the tender and the defendants were found to be lowest bidder. Accordingly, the plain......‑7‑1980 did not also allow the plaintiff bank to adjust this loan amount against some other accounts maintained by the defendants. Consequently, the plaintiff bank served a legal notice demanding payment of the aforesaid amount with interest but the defendants did not care to repay the aforesaid......dent No. 1 is a firm of which defendant-respondent No. 2 is its proprietor. The defendants had a current account with the plaintiff-bank and during the course of business the defendants applied for a loan of Taka 2 lac. The plaintiff-bank bad sanctioned overdraft limit of Taka 1,50,000. The defendan..

Category: Civil Law | Date: | Hits: 101

Zakir Hossain and another Vs. State, 2002, 31 CLC (HCD)

....istered as ST Case No. 2 of 1991. Accused Suruj and Sadek Ali still remained absconding and accordingly state defence lawyer was appointed for those two absconding accused at the trial. 6. Hearing parties charge under sections 302/34 Penal Code was framed against above 3 accused namely, Zakir, Su...... and sentence dated 20‑1‑92 by trial Court against appellants Zakir Hossain and Suruj Miah be accordingly upheld. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 137....... and sentence dated 20‑1‑92 by trial Court against appellants Zakir Hossain and Suruj Miah be accordingly upheld. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 137...

Category: Criminal Law | Date: | Hits: 34

Zakir Hossain Munshi Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)

....ught for in this petition arises out of a contract, the petition is maintainable." 10. In the case of Farzana Vs. Securities and Exchange Commission, reported in 54 DLR 66, in which one of us is a party to the judgment delivered in that case, similar question as to whether the writ petition under......Government shall have the exclusive privilege of establishing maintaining and working telegraphs: Provided that the Government may grant a licence, on such conditions and in consideration of such payments as it thinks fit, to any person to establish, maintain or work a telegraph within any part ......o be refunded to the petitioner forthwith. In the result, the Rule is made absolute in the foregoing terms without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 130. ..

Category: Information Technology Law | Date: | Hits: 217