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GK Brothers and another Vs. Imperial Chemical Industries Bangladesh Limited, 2011, 40 CLC (HCD)

.... land in favour of appel­lants through court. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 543 ......oth the parties examined witness and their documents were admitted into evidence. 7. The learned Subordinate Judge by the impugned judgment and decree dated 2-11-1996 decreed the suit on contest holding that the defen­dant Nos.1 and 2 (appellants) are not entitled to get any kabala deed exe..

Category: Civil Law, Procedural Law | Date: 20 Mar, 2011 | Hits: 2

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

....decree of the appellate court by the impugned judgment and order.8. We have heard Mr. Abdur Razzak, the learned Counsel for the petitioners and gone through the judgments. In this case the quantum of disputed land is 6 decimals of plot No. 2687 of C.S. Khatian No. 440 of mouza Farhad Nagar within P....... and decree of the appellate court the plain­tiff filed above mentioned Civil Revision No.4049 of 2006 and obtained rule. The revisional Court, after hearing both the parties discharged the rule upholding the judgment and decree of the appellate court by the impugned judgment and order.8. We have..

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

Chunnu Vs. State, 2011, 40 CLC (HCD)

....e Appellant Chunnu. It appears that it is not a decision on common intention under section 34 of the Penal Code, and according­ly, when the question of common intention of the Appellant Chunnu is disputed, we are of the view that this is of no help for him. On the other hand, we have also consid...... by post-mortem report and that the death was caused by those injuries. 26. Now the question is whether the involve­ment of Chunnu will come under section 302 of the Penal Code as an accused holding common inten­tion under section 34 of the Penal Code as has been held by the Tribunal be..

Category: Procedural Law | Date: 15 Mar, 2011 | Hits: 6

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

....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. ......titioner filed Writ Petition No.8731 of 2008 and obtained Rule. Ultimately, on hearing both the sides, the High Court Division discharged that rule by the impugned judgment and order dated 1.1.3.2010 holding mainly that since the suit was filed on 28.4.2004 the provision of section 47 of the Artha R..

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

Anwarul Alam (Md.) Vs. Pubali Bank Ltd and others, 2011, 40 CLC (HCD)

.... the Act No. XII of 1974 he was released from service on 25-2-2009 at the age of 57 years and that he went on LPR with full con­sent. Moreover, the petitioner after release from his service never disputed the said order. As such, challenging the impugned order one and a half year later for claim...... it is liable to be discharged. 32. In the result, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 448.   ..

Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2011 | Hits: 3

Md. Nazim Vs. State, 2011, 40 CLC (HCD)

.... once if not wanted in connection with any other case. Send down the L.C. records at once along with the judgment. AKM Zahirul Haque J. - I agree. Ed. This Case is also Reported in: ......the Sutrapur police station against the petitioner alleging inter alia that on 29.5.04 while the informant along with his forces were engaged in their duty, then at 19.30 hours in front of a house of holding No.48/K Dhalganagar, they challenged 2 boys aged about 14/15 years. One was able to flee awa..

Category: Women and Children | Date: 13 Mar, 2011 | Hits: 133

Professor Muhammad Yunus Vs. Bangladesh, 2011, 40 CLC (HCD)

....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. ......re-N by respondent No.3 addressing to respondent No.4, Chairman of Grameen Bank. 2. In the impugned order dated 27.02.2011, it has been judged that it is not valid for the petitioner to continue holding the post of Managing Director of Grameen Bank and in view thereof he is not the lawful Manag..

Category: Banking Law | Date: 8 Mar, 2011 | Hits: 438

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

....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. ......ke notice of this aspect of law. Therefore, we are of the opinion that the learned District Judge has committed an error of law resulting in an error in the decision occasioning failure of justice in holding that the suit was not main­tainable for not redressing the dispute through the arbitrato..

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

Mohammad Ali Vs. Bangaldesh Bank and others, 2011, 40 CLC (HCD)

....ree is not yet satisfied. Let a copy of the judgment be communicated at once to the concerned executing Court. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......pportunity to appear and make their submissions on such statement of account and pass necessary order to its satisfaction. After such adjustment, the executing Court will be at liberty to proceed for holding fresh auction to sell the mortgaged property, if the decree is not yet satisfied. Let a..

Category: Banking Law | Date: 22 Feb, 2011 | Hits: 187

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

....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. ......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

Sanjoy Roy Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....d as being not maintainable. The order of stay passed by this Court at the time of issuance of the Rule is vacated. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ...... any affidavit-in-reply controverting the above fact. His learned Advocate rather has admitted the fact in a passive manner. 7. It appears that in the impugned auction notice, the date fixed for holding auction on 22.8.2010 has already expired and in that view of the matter the writ petition ha..

Category: Banking Law | Date: 17 Feb, 2011 | Hits: 174

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

....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. ...... a licence of a Nikah Registrar on regular basis from the Government after satisfactory performance as Nikah Registrar at least for three years. If there is any allegation against the Nikah registrar holding temporary license, the government is at liberty to hold an inquiry into the matter after giv..

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

Jamiul Hossain Vs. Government of Bangladesh & Others, 2011, 40 CLC (HCD)

....xed to the writ petition and the affidavit-in-opposition filed by the respective parties. In this summary proceeding, the High Court Division neither decides the complicated question of title nor the disputed question of fact.....................(34) Cases Referred to- Md. Aftab Ali Sheikh Vs.......wful authority and are of no legal effect and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Facts leading to issuance of the Rule Nisi as follows: A holding of 7.51 acres of land appertaining to C.S. Khatian No.528 of Mouja-Joar Sahra, JL No.271 und..

Category: Constitutional Law | Date: 15 Feb, 2011 | Hits: 176

Bangladesh National Women Lawyers Association Vs. Cabinet Secretary, Bangladesh Secretariat, Dhaka and others, 2011, 40 CLC (HCD)

....ARK (SCSD), CHILD DOMESTIC WORKERS – LIVING INSIDE ROOM AND OUTSIDE LAW AND ROLE OF GOVT. AND CIVIL SOCIETIES IN BANGLADESH , 36-37 (2009) [hereinafter SCSD REPORT ON CHILD DOMESTIC WORKERS]. ...... of the pregnancy or suicide in order to cover up the humiliation suffered by the victims. She points out that the employers, who are committing such heinous offences are very often well educated and holding high position in society and in government, and yet they are committing such offences with i..

Category: Women and Children | Date: 15 Feb, 2011 | Hits: 265

Promoda Sundari Sen Kalyan Trust Vs. Momtaz Zafar Ahmed and Others, 2011, 40 CLC (HCD)

....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     ......application under Order VII, rule 11 of the Code of Civil Procedure and on considering the contents of the plaint was pleased to reject the plaint by his judgment and decree dated 29-4-2010 holding that the suit property was mortgaged to bank against loan and the Bank for recovery of its l..

Category: Banking Law | Date: 9 Feb, 2011 | Hits: 2

Shah Alam (Md.) Vs. State and another, 2011, 40 CLC (HCD)

....e trial Court shall proceed with the case in accordance with law. Send a copy of the judgment and order to the Court below at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 137. ......ioner, in his indi­vidual capacity, asked for the loan of Taka 50, 00,000 and the complainant extended loan to the accused-petitioner accordingly. So, the question of joint lia­bility of the person holding joint account, even if any, is not at all material. Moreover, the complainant had no reason ..

Category: Banking Law | Date: 6 Feb, 2011 | Hits: 361

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.......desh Limited, 53 DLR (AD) 12 where it is held that if plaint cannot be rejected under Order VII Rule 11 Code of Civil Procedure plaint can be rejected under section 151 of the Code of Civil Procedure holding that fruitless litigation should be buried at his inception. All these decisions are not on ..

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

Nasirul Islam Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....with the writ petition to make out a case. Without any such statement and in absence of the said documents, presumption would be that the auction notice has been rightly published. 7. Moreover a disputed question of title between the petitioner and the respondent-bank is involved in this writ p......d to take back his original title documents those have been annexed with the writ petition substituting photocopies thereof. Nazmun Ara Sultana J.- I agree. This Case is also Reported in: ..

Category: Banking Law | Date: 27 Jan, 2011 | Hits: 172

Md.Hasanul Islam Hanif Vs. State, 2011, 40 CLC (HCD)

....et the lower Court's record with a copy of this judgment and order be sent down to the concerned Court at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 237.   ......prosecution. In the context of above, the fact of above reported case, relating to corroboration appears to be distinguishable from the present case. Under the circumstances there is no hesitation in holding that the prosecution has totally failed to prove the recovery of the arms and bullet from th..

Category: Evidence Law | Date: 26 Jan, 2011 | Hits: 7

M/S A-Z Knit Wears Ltd. and another Vs. City Bank Ltd. and others, 2011, 40 CLC (HCD)

.... 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: ......-bank, which it was legally bound to do under sections 44 read with section 45(c) of the Bank Companies Act, 1991. Therefore, the Hon’ble Court may issue a rule of mandamus upon Bangladesh Bank for holding investigation and taking necessary action against the creditor-bank. The learned Advocate co..

Category: Banking Law | Date: 26 Jan, 2011 | Hits: 185