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Sonali Bank Limited Vs. Abdul Malek and another, 2011, 40 CLC (HCD)
....posit Tk.50,000/- within 30 days and file the receipt in Court, failing which the application for restoration would be deemed to have been rejected. The deposit having not been made within the period stipulated by the Court, the decree was drawn up on 30.07.1991. The petitioner-Bank thereafter prefe......ants deposit Tk.50,000/- within 30 days and file the receipt in Court, failing which the application for restoration would be deemed to have been rejected. The deposit having not been made within the period stipulated by the Court, the decree was drawn up on 30.07.1991. The petitioner-Bank thereafte..Category: Banking Law | Date: 22 Jun, 2011 | Hits: 7
Iftekhar Uddin Ahmed Vs. Artha Rin Adalat and another, 2011, 40 CLC (HCD)
....ions the Rule is disposed of. The order of stay stands vacated. Communicate the Judgment to respondent No.2 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 75. ......tioner submits that the suit was decreed on 19-9-1991 and the execution case for execution of the decree was filed firstly on 16-7-1995 and, as such, the execution case having been filed beyond the period of 3 years as required under Article 182 of the Limitation Act is barred by limitation. H..Category: Limitation Law | Date: 20 Jun, 2011 | Hits: 13
Md. Habibur Rahman Bhuiyan and others Vs. Mosammat Galman Begum and others, 2011, 40 CLC (AD)
....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. ......ala No.2946 at a price of TK.5,000.00. The kabala was registered under section 60 of the Registration Act on 09.09.1999 and then filed the pre-emption case in question on 27.05.1998 well ahead of the period of limitation. The further specific case of the pre-emptor was that before 20tn of March, 199..Category: Property Law | Date: 15 Jun, 2011 | Hits: 169
Abu Bakkar Lashkar & others Vs. Rostam Ali Mondal & others, 2011, 40 CLC (AD)
....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. ......that the plaintiffs-petitioners were very conscious of the trial and the necessity of timely filing of the civil revision. The High Court Division further found that the explanation for the period from 21.3.1994 to the collection of the second certified copy of the judgment on 16.7.2009 wa..Category: Procedural Law | Date: 9 Jun, 2011 | Hits: 100
Md. Arif-Uz-Zaman Vs. State and another, 2011, 40 CLC (AD)
.... of the amount due under the cheque within 30(thirty) days. The said notice was received by the accused on 17.12.2008, but he did not come forward to adjust the amount due under the cheque within the stipulated period mentioned in the notice, i.e. within 17.01.2009. Hence, the complainant filed the ......unt due under the cheque within 30(thirty) days. The said notice was received by the accused on 17.12.2008, but he did not come forward to adjust the amount due under the cheque within the stipulated period mentioned in the notice, i.e. within 17.01.2009. Hence, the complainant filed the petition of..Category: Banking Law | Date: 9 Jun, 2011 | Hits: 196
Human Rights and Peace for Bangladesh Vs. Bangladesh, 2011, 40 CLC (HCD)
....resent high volume of cases, it is not possible on their part to bear the cost of the cases filed as public interest litigation. Ed. This Case is also Reported in: ......mical, hydrological engineering are indispensable. 19. The Committee should be formed straightaway and should transmit its dossier to us by 30th November 2012. 20. During the intervening period, the respondents must resort to the following actions without delay: (1) respondent..Category: Environmental Law | Date: 1 Jun, 2011 | Hits: 37
Zeyad Rahman and another Vs. Delta Insurance Company and others, 2011, 40 CLC (HCD)
....the following reliefs:— i. To condone the delay in holding the 19th, 20th, 22nd and 23rd AGMs of the respondent No. 1. ii. To direct the respondent No.1 to hold the said AGMs within a stipulated period of time by fixing a new record date as per SEC Notification No.SEC/CMRRCD/2008-183...... holding of 19th to 23rd AGMs of the respondent No.1 for the financial years ending on 2004-2008 have fallen due and it became imperative for the respondent No.1 company to hold the AGMs for the said periods. It is stated by the Petitioner that in the event this Court condones the delay in dela..Category: Company Law | Date: 26 May, 2011 | Hits: 9
Manager, Rupali Bank Ltd. Vs. M/S New Music Corner and another, 2011, 40 CLC (HCD)
....laintiff. The defendant No.2 became the guarantor of the said loan and mortgaged his property mentioned in the schedule of the plaint with the bank by a registered deed. In the sanction letter it was stipulated that the defendant would repay the loan money with the specified time but since he failed......nd supervision of the bank. On different dates the defendant sold the goods from the godown with the permission of the bank and deposited the sale proceed with the bank. Thereafter, on 15.12.1988 the period of renewal of the loan expired, the plaintiff asked the defendant No.1 to renew the loan faci..Category: Banking Law | Date: 18 May, 2011 | Hits: 209
Monzur Ahmed Bhuiyan & others Vs. Adilur Rahman Khan and others, 2011, 40 CLC (AD)
....nd Order passed by the High Court Division. Accordingly, this Civil Petition is dismissed. No order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 47. ......Judge in Chamber of the Appellate Division, by his Order dated 16-11-2008, stayed the operation of the judgment and Order passed by the High Court Division in the Writ Petition No.6488 of 2008, for a period of one month which was extended from time to time but ultimately the said Civil Miscellaneous..Category: Constitutional Law | Date: 16 May, 2011 | Hits: 267
Major (Retd.) Rafiq Hasan Faruq Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... 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. ......art thereof, or of any other immovable property of the judgment-debtor, the Court may, on his application, postpone the sale of the property comprised in the order for sale on such terms and for such period as it thinks proper, to enable him to raise the amount. (2) In such case the Court shall g..Category: Banking Law | Date: 16 May, 2011 | Hits: 179
S.M. Humayun Kabir Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... have been passed without lawful authority and hence, is of no legal effect. There will be no order as to costs. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ......ound 09.09.2007 and after being recovered from illness vide letter dated 10.09.2007 he made an application to the Secretary, Ministry of Education for granting him extraordinary leave for the said period without pay and for posting him to any Degree College situated within Dhaka (Annexure-I). Th..Category: Employment/Service Law | Date: 15 May, 2011 | Hits: 22
Md. Abul Hashem Vs. State, 2011, 40 CLC (HCD)
....nted with any other case. Send down the lower Court records at once. Md. Rezaul Hasan J.- I agree. Ed. This Case is also Reported in: 16 BLC (2011) 699, 31 BLD (HCD) (2011) 427. ...... No. 447 of 2000 under section 9(1) of the Nari-0-shishu Nirjaton Domon Ain, 2000 arising out of Keranigonj P.S. Case No.17 dated 16.5.2000. The petitioner after suffering in hajot for a considerable period obtained bail and he faced the trial but on the day of pronouncement of judgment he remained ..Category: Women and Children | Date: 15 May, 2011 | Hits: 95
..../her consent to donate his/her organ after death; or alternatively who would have the jurisdiction to assent to the donation of the dead person’s organ in the event that no such clause has been stipulated in the deceased’s will.
244. Mr. Abdur Razzaq has also referred to a Fatwa of ......hen a word used is ambiguous or obscure. And even the plainest word may have different meaning. For example, the word, ‘residence’ may mean the place where a person has his abode for some period or his permanent home, whether or not he is residing there for the time being. Hence a word u..
Category: Civil Law | Date: 12 May, 2011 | Hits: 34
Shahnaj Begum Munni Vs. State and another, 2011, 40 CLC (HCD)
.... the Metropolitan Sessions Judge, Chittagong are quashed. Let a copy of this judgment be immediately transmitted to the Court below. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 357.......other and at one stage, the husband of the accused-petitioner took a sum of Tk. 30 lac from the complainant by way of loan in two installments on the stipulation that he would repay the loan within a period of 6 (six) months. However, on behalf of the husband of the accused-petitioner, she (accused-..Category: Banking Law | Date: 12 May, 2011 | Hits: 251
Rupali Bank Ltd. Vs. Sree Babu Jiban Kumer Shaha, 2011, 40 CLC (HCD)
..... On the basis of his application on 21.10.1987 vide letter No. ZOJ/CC/ ST, B/30/87 the loan amount was increased to Tk. 50,000/-. Thereafter, the defendant could not repay the loan amount within the stipulated time mentioned in the sanction letter. The Manager of the bank gave several tagids to the...... interest receivable by the bank. 15. It appears to us that law is very clear that the Court does not have any power to exempt any interest or charges as receivable by the plaintiff bank for the period from the date of obtaining loan to the date of filing the suit as per section 50 of the Artha..Category: Banking Law | Date: 11 May, 2011 | Hits: 210
Syed Moazzem Hossain (Md.) Vs. Tahsia Khanam and others, 2011, 40 CLC (HCD)
....aside. The suit is dismissed, however without any Order as to costs. Send down the records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 11. ......eliberately avoided deciding the question of limitation. Section 3 of the Limitation Act 1908 imposed obligatory duty upon a Court to dismiss a suit if instituted beyond the prescribed period of limitation. 27. Let us take up issue No. iii for decision as to whether the plaintiff..Category: Company Law, Procedural Law | Date: 8 May, 2011 | Hits: 9
Kyung Hae Maritime Co. Ltd. and others Vs. M.V. BF Glory and others, 2011, 40 CLC (HCD)
....surance, claims for seamen’s wages and for repair and new building of the vessel and accordingly the plaintiff company supplied crews as per crew list to the defendant No. 1 vessel for which it was stipulated in the said ship management agreement that the owners shall remit the monthly management ....... The plaintiff also completed electrical works to the defendant No.1 vessel through POS electric engineering company and supplied necessaries of electrical items as per list dated 23-10-2008 for the period of 7-10-2008 to 23-10-2008. The plaintiff also made services as per service report to the def..Category: Admiralty Law or Maritime Law | Date: 4 May, 2011 | Hits: 70
Hossain Md. Rajib Vs. State, 2011, 40 CLC (HCD)
....-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.......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 expiry of the aforesaid period they have voluntarily surrendered before the..Category: Women and Children | Date: 2 May, 2011 | Hits: 171
M/S. Ace Traders Vs. M. V. DIJENDRALAL and Others, 2011, 40 CLC (HCD)
....local agent-Indentor to import 20 M.T. of Bright steel bars stainless steel, Non-magnetic quality, austenitic type bars, having Indian specification AISI-304, Dia 28 mm. at an amount of U$ 46000. The stipulated mode of shipment was through the river route Narayanganj Port, but at the same time the s......ring the risk under the Institute Cargo Clause C & D OR and SRCC Clause. The plaintiff while anxiously waiting for arrival of the goods under the aforesaid L/C, neither received within reasonable period any information of shipment nor any documents showing shipments of the goods either from the ..Category: Admiralty Law or Maritime Law | Date: 27 Apr, 2011 | Hits: 64
National Board of Revenue and others Vs. Lt. Col. Kazi Shahid Ahmed (Retd.), 2011, 40 CLC (AD)
.... Court Division in Writ Petition No.1953 of 1996, is set-aside and the appeal is allowed, however, without any order as to cost. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 119. ......996 asked the respondent No.1 to pay the VAT at the rate of 15% since the electric poles made by him was included in the First Schedule to VAT Act and also asked him to pay the arrear amounts for the period from 18-03-1993 to 31-01-1996, on the basis of the aforesaid rate (Annexure-D to the writ pet..Category: Fiscal/Taxation Law | Date: 26 Apr, 2011 | Hits: 217
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