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

....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. ......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. ...... collusion of Sonali Bank, is unwarranted and untenable. 4. We heard the respondent No.1, Mr. Abdul Malek, who appeared in person. He stated before the Court that he was willing to pay the Bank dues, but could not do so due to the fact that his route permit had been withdrawn, and his bus was ..

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

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

....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. ......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. ...... collusion of Sonali Bank, is unwarranted and untenable. 4. We heard the respondent No.1, Mr. Abdul Malek, who appeared in person. He stated before the Court that he was willing to pay the Bank dues, but could not do so due to the fact that his route permit had been withdrawn, and his bus was ..

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. ......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. ......eceive any summon of the suit. Eventually, the suit was decreed ex parte by Judgment and decree dated 19-9-1991 (decree signed on 29-9-1991). The Judgment-debtors having failed to pay the decretal dues, the Bank filed Money Decree Execution Case No.08 of 1995 before the Adalat in the year 1995 f..

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)

....e-emptor's father and later on under her. Pre-emptor requested the respondent No.2, the vendor on different occasions to partition the joint property left by her parents. Pre-emptor's husband being a Government Servant, she used to stay with her husband at different places and so she could not visit......and's elder brother) of the pre-emptor and Amajad, son of Moniruddin along with his partner Khokan used to deal in electric goods and power loom parts in a shop in the case land by taking the same on rental basis. The pre-emptor and the pre-emptees are of the same village. The houses of the father-i......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

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

.... in nutshell is that the suit land was originally belonged to Pakistan Tobacco Company Ltd. After liberation of Bangladesh as per provision of President Order No.16 of 1972 suit land vested in the Government. Government sold the suit land to the plaintiff by registered deed, Exhibit-1. Governmen...... 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. ...... 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

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:    ......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:    ......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:    ..

Category: Environmental Law | Date: 1 Jun, 2011 | Hits: 37

BGP Inc., China National Petroleum Corporation Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....ance with law. With the above observations this Rule is disposed of. There will be no order as to costs. Farid Ahmed J. - I agree. Ed. This Case is also Reported in:  ......ance with law. With the above observations this Rule is disposed of. There will be no order as to costs. Farid Ahmed J. - I agree. Ed. This Case is also Reported in:  ......ance with law. With the above observations this Rule is disposed of. There will be no order as to costs. Farid Ahmed J. - I agree. Ed. This Case is also Reported in:  ..

Category: Civil Law | Date: 29 May, 2011 | Hits: 21

Zeyad Rahman and another Vs. Delta Insurance Company and others, 2011, 40 CLC (HCD)

....f the members of the company are sponsor share-holders. Section 3(2) of the Capital Issues (Continuance of Control) Act, 1947 (as then was in force) required that a company must obtain consent of the Government for making any public offer of securities. Further section 4 of the said Capital Issues (......our) weeks from the date of the drawing up of this Judgment and to report the compliance thereof within 1(one) week thereafter. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 336. ......our) weeks from the date of the drawing up of this Judgment and to report the compliance thereof within 1(one) week thereafter. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 336. ..

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)

....g dues against the defendant for an amount of was Tk. 17,07,996.30. For realization of this amount of money the plaintiff through their Legal Advisor sent a legal notice to the defendant No.1. As per Government policy the defendant No.1 filed an application for exemption of interest. But interest wa......t record. Send down the lower Court records along with a copy of this judgment immediately to the Court concerned. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ......roceed 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 facility. Up to 09.04.1998 there was an outstanding dues of Tk.7, 68,729.80 against the defendant No.1 under cash credit pledge and Tk. 1,97,997/- under..

Category: Banking Law | Date: 18 May, 2011 | Hits: 209

Monzur Ahmed Bhuiyan & others Vs. Adilur Rahman Khan and others, 2011, 40 CLC (AD)

....or deeds or exonerations made or proceedings taken under the said Ordinance by the Truth and Accountability Commission was made without lawful authority and is no legal effect. 3. Initially, the Government of Bangla­desh, represented by the Secretary, President's Secretariat and 4(four) others......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. ......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. ..

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. ...... 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. ...... Code Civil Procedure (shortly, the Code) read with section 57 of the Artha Rin Adalat Ain, 2003 (shortly Ain, 2003) stating, inter alia, that the petitioner was willing to pay the entire outstanding dues if the petitioner was allowed to sell the mortgaged property by private negotiation. The petiti..

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

S.M. Humayun Kabir Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....ed Akhtar Imam, Senior Advocate with Ms. Rubaiya Zara Khan, Advocate with Md. Kamal Hossain, Advocate-For the Petitioner. Ms. Farida Yeasmin, Assistant Attorney General-For the Respondent-Government. Writ Petition No. 4717 of 2010 Judgment Farah Mahbub J. -  In this R...... 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: ...... 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: ..

Category: Employment/Service Law | Date: 15 May, 2011 | Hits: 22

Tofail Ahmed Vs. State, 2010, 39 CLC (HCD)

....cerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 363. ......cerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 363. ......cerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 363. ..

Category: Anti-Corruption Laws | Date: 15 May, 2011 | Hits: 211

Government of Bangladesh and Others Vs. Md. Gias Uddin Chowdhury and Others, 2011, 40 CLC (AD)

....1) 879. ...... any order as to costs with the above observations. This judgment would govern both the appeals. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 1, 17 BLC (AD) (2012) 14, VIII ADC (2011) 879. ...... any order as to costs with the above observations. This judgment would govern both the appeals. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 1, 17 BLC (AD) (2012) 14, VIII ADC (2011) 879. ..

Category: Property Law | Date: 15 May, 2011 | Hits: 100

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

....ellip;…..Appellant (In Civil Appeal No.593 of 2001) Moulana Abul Kalam Azad…………………Appellant (In Civil Appeal No.594 of 2001) Vs. Government of the People’s Republic of Bangladesh, represented by the Secretary, Ministry of R......authorized, is maintained. No order as to costs. This Case is also Reported in:                   ......authorized, is maintained. No order as to costs. This Case is also Reported in:                   ..

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

Rupali Bank Ltd. Vs. Sree Babu Jiban Kumer Shaha, 2011, 40 CLC (HCD)

....The defendant receiving this amount of money had been running his business. On 15.05.1988 was the deadline for repayment of the loan. Within this time the defendant did not pay the loan amount. Since Government declared to exempt the loanees from paying interest, the said decision was informed to th......aintiff. Send down the lower court records along with a copy of this judgment immediately to the court concerned. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ......In spite of that the defendant did not take any benefit of exemption. The defendant intentionally avoided to repay the loan amount to the bank and in this way till 31.12.1995 there was an outstanding dues of Tk.1, 53,412/- against the defendant. On 30.07.1996 the plaintiff bank through its lawyer se..

Category: Banking Law | Date: 11 May, 2011 | Hits: 210

Syed Moazzem Hossain (Md.) Vs. Tahsia Khanam and others, 2011, 40 CLC (HCD)

....dvocate appearing for the defendant No.7- appellant sub­mitted that the suit as stands framed is not maintain­able without a prayer for consequential relief. Mr. Karim relied upon the case of Government of Bangladesh Vs. Sheikh Hasina, reported in 60 DLR (AD) 90 and the case of Dudu Mia Vs. ......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.     ......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.     ..

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)

....No.19 of 2009 M/S. Kysco Shipping Co. Ltd. and also against the BF. Shipping Limited in Admiralty Suit No. 27 of 2009 and Admiralty Suit No. 28 of 2009. Ed. This Case is also Reported in: ......No.19 of 2009 M/S. Kysco Shipping Co. Ltd. and also against the BF. Shipping Limited in Admiralty Suit No. 27 of 2009 and Admiralty Suit No. 28 of 2009. Ed. This Case is also Reported in: ......-deliver the vessel. As the defendant No. 2 i.e. the charterer is about to go bankruptcy, the plaintiff has no alternative but to institute the instant suit in Bangladesh to recovery their legitimate dues. 7. The Admiralty suit 19 of 2003 was contested by the defendant Nos.1 and 3 by filing wri..

Category: Admiralty Law or Maritime Law | Date: 4 May, 2011 | Hits: 70

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

....voter No.22 1373362050. The cause of action to file the writ petition as it appears from the statements made in the writ petition was that in exercise of power as conferred by section 17 of the Local Government (Pourashava) Act, 2009 and rule 4 of the Local Government (Pourashava) Election Rules, 20......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. ......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

Md. Jahir Uddin and others Vs. Md. Molin Ali and others, 2011, 40 CLC (HCD)

....lord Mrinal Kanti Ghosh Chowdhury. A company named Bagda Firm Ltd. represented by its Managing Director, Anil Chakraborty was a tenant therein under the landlord. Subsequently the suit land vested in Government and was published in khas khatian. The Government under a policy of rehabilitation of the...... dated 23.11.2004 passed by the Assistant Judge, Gobindaganj, Gaibandha in Other Class Suit No.8 of 1997 is maintained. Send down the lower Court records. Ed. This Case is also Reported in: ...... dated 23.11.2004 passed by the Assistant Judge, Gobindaganj, Gaibandha in Other Class Suit No.8 of 1997 is maintained. Send down the lower Court records. Ed. This Case is also Reported in: ..

Category: Property Law | Date: 31 Mar, 2011 | Hits: 68