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Manager, Rupali Bank Ltd. Vs. M/S New Music Corner and another, 2011, 40 CLC (HCD)
....count ignoring the recommendation of the higher authority. The shop and the godown of the defendant was illegally kept under lock and key for 10/12 years as a result the defendant had to incur a huge financial loss. The plaintiff bank is liable for such losses of the defendant, which should be asses......দিয়া ডিক্রী প্রদান করিবে। From sub-section (6) of the section 12 of the Ain, it appears that before passing the judgment and decree the Court has the power to order to sell the pledge goods or property mortgaged as the case may be and adjust the same......of 1994 impleading the present respondents as defendants for realization of Tk. 17,07, 996.30. 3. The plaintiff in his plaint stated inter-alia that the defendant No.1 being a businessman, used to deal with electronics goods. He filed an application to the plaintiff bank to renew his previous ......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: ..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. ......s judgment and Order dated 13-11-2008, held inter alia:— a) Under Article 142 (1 A), the preamble of the Constitution, amongst others, can only be amended by a referendum. b) The judicial power of the Republic is vested upon the Supreme Court under Part VI of the Constitution but section...... Vs. Adilur Rahman Khan and others.............Respondents Judgment May 16, 2011. Result: The Petition is dismissed Cases Referred to- Governor-General's Reference No.1 of 1955, 7 DLR (FC) 395; Sindh High Court Bar Association......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. ......the Ain, 2003 is a self contained law with adequate provisions for execution of a decree. He put emphasis on the fact that since petitioner has authorised the Bank by registered deed with irrevocable power of attorney to sell the mortgaged property as the security for repayment of the loan, the Adal......q ........................Petitioner Vs. Bangladesh and others.................................Respondents Judgment May 16, 2011. Result: The Rule is made absolute. Case Referred to- SDS Dairy Limited Vs. Bangladesh and others. ( unreported decision) Lawyers Involved: S...... 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. ..Category: Banking Law | Date: 16 May, 2011 | Hits: 179
S.M. Humayun Kabir Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....ndering resignation the petitioner was seriously ill and was diagnosed with “General Anxiety Disorder” from 10.03.2007 till 09.09.2007(Annexure-G series). Since the petitioner was facing severe financial crisis was finding difficulty to cope with the various expenses of his treatment, conseq......f law that notwithstanding the ouster of jurisdiction of the High Court Division by any legislative provision or even under Article 102 itself, this Hon’ble Court is yet entitled to exercise its power of judicial review under Article 102 if the action complained of is found to be coram-non-jud...... Vs. Bangladesh and others…...........………….Respondents Judgment May 15, 2011. Result: The Rule is made absolute. The service of a government servant comes to an end when his resignation is accepted by the authority concerned subject to any law or rules s...... 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
Government of Bangladesh and Others Vs. Md. Gias Uddin Chowdhury and Others, 2011, 40 CLC (AD)
.... 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. ......As soon as a piece of land is acquired by the Government, the acquired land absolutely vests in the Government free from all encumbrances. Learned Counsel for the writ petitioners did not dispute the power of the RAJUK or the Military Estate Department to remove unauthorized constructions. His main ........Appellant (In Civil Appeal No.89 of 2010) Vs. Md. Gias Uddin Chowdhury and Others…………………………..Respondents (In both the appeals) Judgment May 15, 2011. Cases Referred to- Md. Khairullal Bhuiyan Vs. Hazi Nurul Alam Chowdhury, 35 DLR (AD) 338; Jilubhai Nanbhai Khachar...... 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
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. ......d the learned Judge of the Tribunal rightly convicted him and therefore, the rule should be discharged. 11. Learned Deputy Attorney General raised a question of law as to whether this court is empowered to scan the evidence on record in a criminal miscellaneous case under Section 561 A of the C......dshah Mollah, 41 DLR 11. Lawyers Involved: Rabiya Bhuiyan with Rafiqur Rahman Patwary, Nikhil Kumar Biswas and Shahanara Bhuiyan-For the Convict-Petitioner. K.M. Zahid Sarwar, Deputy Attorney General with Monzu Naznin (Rosy), Assistant Attorney General-For the State. Criminal Mis......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. ..Category: Women and Children | Date: 15 May, 2011 | Hits: 95
....authorized, is maintained.
No order as to costs.
This Case is also Reported in:
......bjection has been raised with regard to issuing of a suo moto Rule by the High Court Division.
3. Generally, the High Court Division under Article 102 (2) of the Constitution of Bangladesh, is empowered to make an order, firstly, on an application, and secondly, the said application is to be ma......hellip;…………..Respondents (In both the appeals)
Judgment
May 12, 2011.
Result:
Both the appeals are allowed in part with the orders.
Cases Referred to-
Government of Bangladesh and another Vs. Sheikh Hasina and another, (2006) 60 DLR (AD) 90; ......authorized, is maintained.
No order as to costs.
This Case is also Reported in:
..
Category: Civil Law | Date: 12 May, 2011 | Hits: 34
Obaidul Kader (Md.) Vs. State, 2011, 40 CLC (HCD)
..... The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 425. ......্ষ কমিশন হইবে। 15. Indeed, sub-section (2) of section 3 of the Act lays down the condition subject to which the ACC has been created and it has been vested with certain powers and discretion. Sub-section (2) of section 3 of the Act guides the exercise of all the powers......s. State……………………….Opposite party Judgment May 11, 2011. Result: The Rule is made absolute. Cases Referred to- Rahit Pulp Paper Mills Vs. Collector of Central Excise, AIR 1991 SC 754; Indu Bhushan Chatt....... The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 425. ..Category: Anti-Corruption Laws | Date: 11 May, 2011 | Hits: 223
Rupali Bank Ltd. Vs. Sree Babu Jiban Kumer Shaha, 2011, 40 CLC (HCD)
.... his illness, the defendant could not run his business. He used to stay in his house. In cross examination this witness stated that although the shop of the defendant was in running condition but its financial condition was very bad. He further stated that he had an intention to repay the loan but b......adduced by the P.W. and D.Ws, let us see whether law permits the Court to exempt any 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 ...... in his plaint stated inter alia that he had been running a grocery shop opening an account being Current Account No.619 with the Rupali Bank, Sherpur Town Branch on 23.03.1987. The defendant applied to the bank for granting loan for an amount of Tk. 1,00,000/- as C.C., hypothecation. The plaintiff ......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: ..Category: Banking Law | Date: 11 May, 2011 | Hits: 210
Syed Moazzem Hossain (Md.) Vs. Tahsia Khanam and others, 2011, 40 CLC (HCD)
....ng with forged transfer certificates before the defendant No.1 and those certificates were lying with the custody of defendant Bank. (i) The defendant Bank gave dividend to the plaintiff for the financial year 1986-87, 1987-1988 an amount of Taka 1,82,082. The plaintiff was given 7585 bonus sha......ntinues and every director, manager, secretary, other officer who is knowing by a party to the default shall, be liable to a like penalty. (6) Nothing in sub-section (3) shall prejudice any power of the company to register as shareholder or debenture holder any person to whom the right to ...........................Respondents Judgment May 8, 2011. Result: The appeal is allowed. share "Share" means a share in the capital of the company, and includes stock except when a distinction between stock and shares is expressed or implied. So, share is a mova......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: ......third party. The ship management agreement as alleged by the plaintiff is a fictitious agreement only to gain unlawful profit. 17. In his examination-in-cross the D.W.1 stated that he has filed power of Attorney on behalf of the defendant Nos.1 and 3 in the office of this court when the applic...... Present: AFM Abdur Rahman J Kyung Hae Maritime Co. Ltd 1197-2 choryang 3, Dong Dong-Gu Pusan City Republic of Korea as Manager / M.V. BF Glory (Ex-Kunai) represented by their Constituted Attorney M/S Kabir & Associates, 40/A, Panchlish Residential Area, Chittagong, Bangladesh…….........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: ..Category: Admiralty Law or Maritime Law | Date: 4 May, 2011 | Hits: 70
M/S. Ace Traders Vs. M. V. DIJENDRALAL and Others, 2011, 40 CLC (HCD)
....es Insurance Company Limited on contest and also against the defendant Nos.1, 2, 3, 5, 7, 9 and 10 ex parte. However, there shall be no order as to costs. Ed. This Case is also Reported in: ......es Insurance Company Limited on contest and also against the defendant Nos.1, 2, 3, 5, 7, 9 and 10 ex parte. However, there shall be no order as to costs. Ed. This Case is also Reported in: ......nbsp; Present: AFM Abdur Rahman J M/S. Ace Traders, Zerin Mansion 55, Motijheel Commercial Area, P. S. Motijheel, Dhaka-1000, represented by its proprietor, Md. Nurul Islam…....Plaintiff. Vs. 1. M. V. DIJENDRALAL, An Indian Flag Carrier Ship ha......es Insurance Company Limited on contest and also against the defendant Nos.1, 2, 3, 5, 7, 9 and 10 ex parte. However, there shall be no order as to costs. Ed. This Case is also Reported in: ..Category: Admiralty Law or Maritime Law | Date: 27 Apr, 2011 | Hits: 64
Kartic Das Gupta Vs. Election Commission of Bangladesh and others, 2011, 40 CLC (AD)
....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. ......a voter of Cox's Bazaar Municipality with 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 Lo......n itself is maintainable in law or whether the writ petitioner has got any interest in the matter Writ-petition in question could not be termed as public interest litigation. Before going into the merit of a writ petition the first and primary duty of the writ Bench is to see whether writ ......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
ATM Qamuzzaman Khan Vs. State and another, 2011, 40 CLC (HCD)
....t the appellant in respect of allegation of misappro-priation of any public money for his personal gain or made any allegation that by abusing his official power he had created an opportunity to make financial gain to others or caused any financial loss to the public exchequer. 43. Moreov...... Sub-Registrar, Sadar Record Room, Tejgaon, Dhaka as P.W.5 in his examination-in-chief stated that on 24-9-2007 investigation officer of this case came to his office and took the photocopy of the two powers of Attorney. He also stated that he gave report in respect of the said deeds. He proved the r......another.........................Respondents Judgment March 29, 2011. Result: The appeal is allowed. Appeal under section 15 According to section 15 of Building Construction Act, 1952 if any person is aggrieved by any order passed by a......o discharged from his bail bond. Communicate this order at once and send down the lower Court's records expeditiously. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 442. ..Category: Criminal Law | Date: 29 Mar, 2011 | Hits: 3
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 ......ecree holder from enjoyment of the fruit of the decree. In the meantime 16years have passed under the coverage of the instant vexatious litigation. In 'view of the above, and in applying our power conferred under section 35A of the code of civil procedure, we award a cost at Taka 1,00,000 (......t Appellants Vs. Imperial Chemical Industries Bangladesh Limited.........Plaintiff-Respondent Judgment March 20, 2011. Result: The appeal is allowed. Cases Referred to- Wali, 19 DLR (Sc) 143; 28 DLR 392. Lawyers Involved: Fazlul Karim with Md. Omar F...... 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 ..Category: Civil Law, Procedural Law | Date: 20 Mar, 2011 | Hits: 2
Anwarul Alam (Md.) Vs. Pubali Bank Ltd and others, 2011, 40 CLC (HCD)
....o the public in general. Moreover, in consideration of transfer respondent No. 4 had paid to the government Taka 16 crore. It also appears from the said agreement that it is not dependant on the financial assistance of the government. The government also does not appear to have extensive c......liberation 1971. The petitioner before going on LPR lastly served as an Assistant General Manager, Narayangonj Branch, Pubali Bank Ltd. 3. The Hon'ble President of the country in exercise of power as provided in Article 93(1) of the Constitution of the People's Republic of Bangladesh pr......………..Petitioner Vs. Pubali Bank Ltd and others...............Respondent Judgment March 13, 2011. Result: The Rule is discharged. Cases Referred to- MH Chowdhury Vs. GM, Titas Gas Transmission and Distribution Co. Ltd. 1981 BLD (AD) 61; Baj...... 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
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. ......1999, in the 52nd meeting of the Board, the issue of retirement of the petitioner was raised. The Board held a discussion with reference to Section 14(1) of the Ordinance, and resolved that since the power of appointment of the Managing Director had been vested in the Board, and since the petitioner......inancial Institutions Division, Ministry of Finance and others …………… Respondents Order March 8, 2011. Result: The writ petition is summarily rejected. Case referred to- United Commercial Bank Ltd and another Vs. Rahimafrooz Batteries and others, 7 BLC (AD) 73.......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
....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.
......onclusive and binding on all parties to the contract. Admittedly in the instant case arbitration shall be governed by the Arbitration Act, 2001. Section 10 of the Arbitration Act, 2001 envisages power of the Court to stay illegal proceedings where there is an arbitration agreement between ......titioner
Vs.
M/s. Abdul Mannan and anothers.................Respondents
Judgment
February 23, 2011.
Result:
These leave petitions are dismissed.
Cases Referred to-
Maico Jute and Bag Corporation Vs. Bangladesh Jute Mills Corporation, 8 MLR (AD) 4 = 55 DLR......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
....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.
......itional evidence to be adduced subject to the limitations or restrictions provided in the rule 27 of Order XL of the Code of Civil Procedure, 1908 and such admission should not be encouraged and power to admit additional evidence should be sparingly used. What the limitations are-have also been......Court
High Court Division
(Civil)
Present:
ABM Khairul Haque CJ
Md. Muzammel Hossain J
Surendra Kumar Sinha J
Hussain Fabrics Ltd. Represented by its Managing Director and another………….Petitioners
Vs.
Haji Momena Khatun and oth......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: ......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: ......he Artha Rin Adalat Ain, 2003 published in the Daily Sylheter Dak dated 4.8.2010. 2. Facts relevant for disposal of the Rule are that the petitioner availed credit facilities on different dates, total amounting to Taka 49,65,730.75 (Taka forty-nine lac sixty-five thousand seven hundred thirty a......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: ..Category: Banking Law | Date: 17 Feb, 2011 | Hits: 174
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