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Professor Muhammad Yunus Vs. Bangladesh, 2011, 40 CLC (HCD)
....pugned order dated 27.02.2011 for discussion thereon. The Board noted that the letter containing the impugned order had not been addressed to Grameen Bank nor was it in the agenda and so there was no scope to consider it. Then on 02.03.2011 at about 1.00 p.m. the petitioner became further astonished......er, there would be no order as to costs. Md. Mamtazuddin Ahmed J. – I Agree. Gobinda Chandra Tagore J. – I Agree. Ed. This Case is also Reported in: 63 DLR (2011) (HCD) 260. ..Category: Banking Law | Date: 8 Mar, 2011 | Hits: 438
Ahammad Hossen alias Gura Miah Vs. State, 2011, 40 CLC (HCD)
....case, the trial Court is hereby directed to consider the bail of the appellant. Communicate the order at once. AKM Zahirul Hoque J. - I agree. Ed. This Case is also Reported in: ......156 of 2008 arising out of G.R. Case No.274 of 2007 corresponding to Lohagara P.S. Case No. 04 dated 4.11.07 under section 7/30 of the Nari-O-Shishu Nirjatan Daman Ain, 2000, rejecting the prayer for bail of the appellant. 2. The appellant was brought to the trial under section 7/30 of the Nari..Category: Women and Children | Date: 1 Mar, 2011 | Hits: 103
....merits of the controversy in the suit."
16. In the case of Popular Biscuit Limited Vs. Beximco Bremer Export Cantor Brand reported in 4 ADC (2007) 743 this Division discussed the extent and scope of section 34 of the Arbitration Act, 1940 and held to the effect that when parties to the sui......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
....e it without taking into consideration the additional evidence sought to be adduced."
20. The Supreme Court of India in Syed Abdul Khader Vs. Kami Reddy, AIR 1979 SC 553 explaining the scope of allowing additional evidence observed:
"Order XL, rule 27, CPC enables the appel&......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
Jamiul Hossain Vs. Government of Bangladesh & Others, 2011, 40 CLC (HCD)
.... decide those afresh as per Rules. 9. The Settlement-Officer, by his letter bearing Memo .No.12/257/-5th/528-2075 dated 16.6.2002, informed the Director (land records and surveys) that there is no scope for reopening the matter in view of the fact that the committee constituted for that purpose h......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. ..Category: Constitutional Law | Date: 15 Feb, 2011 | Hits: 176
Mohammad Abdus Sabur Vs. Agrani Bank, 2011, 40 CLC (HCD)
....f 150 days (90+60) for conclusion of an execution case under the Ain already expired on 2.12.2003. Therefore, the continuance of the execution case in question after expiry of 2.12.2003 is beyond the scope of law and as such without lawful authority. The learned Advocate further submits that the exe...... of issuing the Rule is vacated. Let a copy of the judgment be communicated to the concerned executing Court. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..Category: Banking Law | Date: 10 Feb, 2011 | Hits: 192
Promoda Sundari Sen Kalyan Trust Vs. Momtaz Zafar Ahmed and Others, 2011, 40 CLC (HCD)
....fore the executing Adalat under section 32 of the Ain, 2003 but he has filed the present suit without even approaching before the executing Adalat. The 3rd party petitioners have/had enough scope to file an application before the Artha Rin Adalat by way of filing an objection under section......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 ..Category: Banking Law | Date: 9 Feb, 2011 | Hits: 2
Sohrab Hossain (Md.) & others Vs. State & another, 2011, 40 CLC (HCD)
....ave been stated. Whether the formalities before filing the petition of complaint were complied with or not are matters to be thrashed out during the trial and the accused-petitioners shall have ample scope to take those objections at the trial, but we see title scope of deciding those objections in ......oners under section 138/40 of the Act and accordingly, issued Summons. The petitioners surrendered 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 Co..Category: Others | Date: 3 Feb, 2011 | Hits: 4
Aslam Khan Vs. Artha Rin Adalat, Moulvibazar and another, 2011, 40 CLC (HCD)
....tion of interest has expired during pendency of the Rule, the petitioner should be allowed to file an application afresh to the respondent-bank and the bank should also dispose of the same within the scope of circular dated 24.3.2010. 9. With the above observations, the Rule is discharged. The ...... to the Manager, Sonali Bank Ltd., Bhairabganj Bazar Branch, Moulvibazar and also to the concerned executing Court. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..Category: Banking Law | Date: 2 Feb, 2011 | Hits: 217
Md. Nasurullah alias Nasu Vs. Artha Rin Adalat No. 4, Dhaka and others, 2011, 40 CLC (HCD)
....d Judge of the executing Court though allowed him to deposit the remaining decretal amount, but ultimately rejected his application by the impugned order dated 7.8.2007 on the ground that there is no scope in law to redeem the property at this stage (vide annex-G to the writ petition). 13. It a......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: ..Category: Banking Law | Date: 2 Feb, 2011 | Hits: 175
Md. Tota Howlader Vs. State, 2011, 40 CLC (HCD)
....f the appellant if he misuses the privilege of bail in any manner what so ever. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 355.......out of the Nari-O-Shishu Nirjatan Case No. 471 of 2010 pending before the Nari-O-Shishu Nirjatan Daman Tribunal, Barisal.) Judgment Syed Md. Ziaul Karim J. - By this appeal the appellant seeks bail in Nari-O-Shishu case no. 471 of 2010 arising out of Gournadi Police Station Case no. 13 dated ..Category: Women and Children | Date: 1 Feb, 2011 | Hits: 178
M/S A-Z Knit Wears Ltd. and another Vs. City Bank Ltd. and others, 2011, 40 CLC (HCD)
....No. XIV of 1991) Section 44 read with Section 45(C) Mere inaction of a functionary of the state or of a local authority is not open to challenge under writ jurisdiction, unless it comes within the scope of article 102 of the constitution. No relief has been sought against Bangladesh Bank in respe...... without any order as to costs. The order of restraint granted at the time of issuance of the Rule is hereby vacated. Nazmun Ara Sultana J. I agree. Ed. This Case is also Reported in: ..Category: Banking Law | Date: 26 Jan, 2011 | Hits: 185
Md. Hamiduzzaman Vs. Joint District Judge, Artha Rin Adalat, Faridpur and others, 2011, 40 CLC (HCD)
....ority. The petitioner is having his parents’ grave yards on the mortgaged land and since the execution case is still pending and registration of the certificate has not yet been completed, there is scope to release the property on payment of the remaining outstanding dues to meet the ends of justi......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: ..Category: Banking Law | Date: 20 Jan, 2011 | Hits: 233
Gulshan Club Ltd. Vs. Chairman, National Board of Revenue and another, 2010, 39 CLC (HCD)
....itioner. In another perverse finding the tribunal held that the petitioner and the Respondents under misconception of law and without understanding the true and actual intent of the objects and the scope of the objects of the petitioner held that the petitioner is liable to pay tax. 6. Since ......is discharged without any order as to cost. The order of stay granted earlier by this Court is hereby vacated and recalled. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 29. ..Category: Fiscal/Taxation Law | Date: 13 Dec, 2010 | Hits: 48
Hasna Ahmad Vs. State and another, 2010, 39 CLC (HCD)
....uash the proceedings of the case, so far as it relates to her………………………(31) After submission of police report in a case, there is no scope for granting anticipatory or pre-arrest bail as has been held in the case of the State Vs. Abd...... relates to her………………………(31) After submission of police report in a case, there is no scope for granting anticipatory or pre-arrest bail as has been held in the case of the State Vs. Abdul Wahab Shah Chowdhury reported in 51 DLR (AD..Category: Anti-Corruption Laws | Date: 1 Dec, 2010 | Hits: 189
Ms. Syeda Rizwana Hasan Vs. Bangladesh and others, 2010, 39 CLC (AD)
....t is further observed that a residential model town is developed according to the detail area plan commonly known as layout plan prepared to cater to the requirements of the time, and that there is scope for change and modification of the layout plan from time to time to cope with and cater to the......cute the officers responsible. The appeal is dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 9 ADC (2012) 816, 18 BLC (AD) (2013) 54. ..Category: Environmental Law | Date: 8 Nov, 2010 | Hits: 258
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. ......n does not merit any substance which should be discharged outright. 25. In the result, the Rule is discharged without any order as to cost. However, during trial the petitioner shall continue on bail already granted to him by this Division. The order of stay granted earlier by this Court i..Category: Anti-Corruption Laws | Date: 25 Oct, 2010 | Hits: 211
State Vs. Secretary, Ministry of Home Affairs (II), 2010, 39 CLC (HCD)
.... Chief Judicial Magistrate. Let a copy of this judgment be communicated to the respondents at once. Obaidul Hassan J. - I agree. This case is also Reported in: 8 LG (2011) HCD 293. ......ldren Act that children are not to be kept in custody within the prisons, during the pendency of any trial of the child. The law permits the Court to enlarge any child alleged to have committed a non-bailable offence on bail under the proviso to section 497 of the Code of Criminal Procedure. Section..Category: Women and Children | Date: 25 Oct, 2010 | Hits: 141
British American Tobacco Bangladesh Company Ltd. Vs. Begum Shamsun Nahar, 2010, 39 CLC (AD)
....tted, is not in any way related with the business of the defendant-petitioner and, as such, the defendant-petitioner cannot be held liable for the wrongful act of the employees which is beyond the scope of service. She contends that the High Court Division as well as the 1st Court of Joint Distr......dings 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: 66 DLR (AD) (2014) 80. ..Category: Women and Children | Date: 13 Oct, 2010 | Hits: 21
Deen Mohammad Vs. Bangladesh Bank and others, 2010, 39 CLC (HCD)
....s position under section 17(6) of the Act where subsequent re-schedulement of loan will never absolve the liability of the petitioner, as fixed under section 17(6) of the Act, and as such there is no scope to declare the petitioner as qualified person to be a Director of the Bank Company. 5. Mr......ereby vacated. Let a copy of the Judgment be sent to the concerned authority at once for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 506. ..Category: Banking Law | Date: 12 Oct, 2010 | Hits: 423
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