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Md. Rafique Ullah Vs. State, 2011, 40 CLC (HCD)
....an Damon Ain (herein after referred to ‘the Ain’) against the sole appellant. 3. The case after being ready for trial, was sent to the Nari-o-Shishu Nirjatan Damon Tribunal, Lakshmipur and was registered as Nari-o-Shishu Nirjatan Damon Case No.23 of 2000. The learned Judge of the Tribunal by ...... that the appellant was quite innocent and was falsely implicated in the case to dismiss him from service so that the informant’s sister-in-law could be transferred to the School against his vacant post. After conclusion of the trial, the learned Judge found the appellant guilty of charge leveled ...... Damon Case No.23 of 2000 is hereby set aside. The appellant is released from his bail bond. Send down the lower Court records. Borhanuddin, J.- I agree. Ed. This Case is also Reported in: ..Category: Women and Children | Date: 9 Aug, 2011 | Hits: 165
Bangladesh Vs. Nazirul Hoq, 2011, 40 CLC (AD)
....the Rule absolute. 3. The facts necessary for disposal of this Civil Petition for Leave to Appeal, in short, are that one Md. Hossain Ali was allotted the plot in question by the Government by a registered deed of lease dated 06.04.1962 for a period of 99 years. The said lessee constructed a re....... No.1681 of 2010 is condoned. Let the C. P. No.1681 of 2010 be tagged with the appeal which arises out of C. P. No.2050 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 206. ......lay in filing C. P. No.1681 of 2010 is condoned. Let the C. P. No.1681 of 2010 be tagged with the appeal which arises out of C. P. No.2050 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 206. ..Category: Property Law | Date: 25 Jul, 2011 | Hits: 83
Tae Hung Packaging (BD) Limited and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....Vs. A Hannan, 42 DLR (AD) 167, the facts of the case were that there was scarcity of sugar in the country in 1984. Government decided to import sugar under Wage Earners' scheme and decided that all registered importers having valid Import Registration Certificates renewed up to date shall be eli......o-day affairs of the Company. But, despite several reminders she had kept herself absent from her office and several meetings of the Board of Directors. Respondent No.3 was then removed from the post of Managing Director with effect from 7-2-2005 in accordance with law. Being furious with her ........................Respondents Judgment July 20, 2011. Result: The appeals and the leave petition are dismissed. Cases Referred to- ACC Vs. Dr HBM Iqbal, 15 BLC (AD) 45; Haryana Vs. Bhajan Lai, AIR 1992 SC 604; Dhaka Ware House Ltd Vs. Assistant Collector, 11 B..Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39
Ayat Steel Limited Vs. Mohammad Ali and others, 2011, 40 CLC (AD)
....sturbing its possession in the suit property contending, inter alia, that it is in exclusive possession of the suit property after purchase from the original owner Capital Ship Breakers Limited by registered kabala dated 12th December, 2009. Thereupon it started ship breaking business in the sui...... with no option but to maintain the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 123. ......ission, we are left with no option but to maintain the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 123. ..Category: Civil Law | Date: 17 Jul, 2011 | Hits: 7
Kaisar-uz-zaman Vs. State and others, 2011, 40 CLC (HCD)
....in and (6) Iqbal uddin. The learned Magistrate concerned, accepted such police report under section 173 of the Code of Criminal Procedure and sent the case to the Sessions Judge, Sylhet, who at first registered the case as a Sessions Case. Subsequently, on 12-3-2005 he as the Senior Special Judge, S...... the light of observation made above. The order passed earlier staying further proceeding of the special case is hereby vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 15. ......……………….Opposite Party Judgment July 14, 2011. Result: The Rule is discharged. Case Referred to- Abdur Rahman Vs. State, 48 DLR (AD) 167; Tarique Rahman Vs. Government of Bangladesh, 63 DLR (AD) 18; Abdus Salam Master Vs. State, ..Category: Anti-Corruption Laws | Date: 14 Jul, 2011 | Hits: 43
Abul Bashar Vs. Abul Kashem and others, 2011, 40 CLC (HCD)
....the appeal, learned Subordinate Judge found, on consideration of the kabala that in one kabala, 2 dags and in other kabala 3 dags have been mentioned and also observed that 'but from count kabala was registered in respect of 6 dags and there is no similarity with the schedule of baina' and also lear......rder without giving any unnecessary adjournment to the parties. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 199. ......rs…………………………Defendant Opposite Parties Judgment June 23, 2011. Result: The Rules are made absolute. Cases Referred to- Md. Moslemuddin Vs. Md. Jonab Ali, 17 BLD (AD) 328 = 50 DLR (AD) 13; Madaris Ali Vs. Biswamber Das, 46 DLR 34; Advocate Md. Abdul Hamid Vs. Md...Category: Civil Law | Date: 23 Jun, 2011 | Hits: 44
Md. Habibur Rahman Bhuiyan and others Vs. Mosammat Galman Begum and others, 2011, 40 CLC (AD)
....ansfer of the case land by the seller opposite party No.4 to the pre-emptee opposite party Nos.1-3 and not to their father by the sale deed dated 06.06.1996 at a price of taka 15,000.00. The deed was registered in the office of Sub-registrar, Araihazar being deed No.2946; the registration of the dee......ication along with other land left by them, but he killed time on this or that plea. After the marriage of the pre-emptor in May, 1977, she had to stay with her husband at different places of his posting and whenever she used to come to her husband's house, she requested the seller-opposite part......rs............................Respondents Judgment June 15, 2011. Result: The appeal is allowed. Cases Referred to- Abdus Samad & others Vs. Md. Sohrab Ali and others, 33 DLR (AD) 113; Abdur Rashid Sarker (Md.) and others Vs. Dines Chandra Das and others, 58 DLR (AD) 159; Sam..Category: Property Law | Date: 15 Jun, 2011 | Hits: 169
Md. Arif-Uz-Zaman Vs. State and another, 2011, 40 CLC (AD)
.... the remark “insufficient fund”, on 11.12.2008. Thereafter, in compliance with the provisions of section 138 of the Act, 1881 the complainant sent a notice on 15.12.2008 to the accused by registered post with acknowledgement due at his abode demanding payment of the amount due under the ...... “insufficient fund”, on 11.12.2008. Thereafter, in compliance with the provisions of section 138 of the Act, 1881 the complainant sent a notice on 15.12.2008 to the accused by registered post with acknowledgement due at his abode demanding payment of the amount due under the cheque with......ind no reason to interfere with the impugned judgment and order passed by the High Court Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 400; 8 LG (AD) (2011) 196; 17 BLC (AD) (2012) 167; 21 BLT (AD) 234. ..Category: Banking Law | Date: 9 Jun, 2011 | Hits: 196
Farzana Akter (Kakoli) Vs. Md. Kabir Hossain and others, 2011, 40 CLC (HCD)
....naraji’ petition. Thereafter one Khorshed Alam, who was cited as a witness in the aforesaid ejahar, filed a fresh complaint before the Magistrate against the same accused persons. The complaint was registered as a case under section 302 of the Penal Code. The Magistrate examined the complainant on......learned Judge of the Tribunal is directed to proceed with the trial in the said Nari-o-shishu case in accordance with law. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ................Appellant Vs. Md. Kabir Hossain and others...........Respondents Judgment June 6, 2011. Cases Referred to- Abdus Salam Master alias Salam and another Vs. The State 36 DLR (AD) 58; Jotish Das Vs. Chandan Kumar Das, 4 BLT (AD) 258. Lawyers Involved: Not represented- t..Category: Women and Children | Date: 6 Jun, 2011 | Hits: 102
Md. Majedur Rahman Vs. State and another, 2011, 40 CLC (HCD)
....arge sheet against the accused appellant under section 10 of the Nari-O-Shishu Nirjatan Daman Ain, 2003. 4. That case was transmitted to the Nari-O-Shishu Nirjatan Daman Tribunal, Dinajpur and was registered as Nari-O-Shishu Case No.276 of 2006. 5. The accused appellant was granted bail and he......ol. The younger sister of the informant is an M.A. who got her name registered for becoming a teacher. The informant and other witnesses with a view to remove the accused appellant illegally from his post / service and to get appointed the sister of informant as Head Master staged a fake drama on 9....... Vs. The State and another ..................................Respondents Judgment June 6, 2011. Cases Referred To- State Vs. Mozammel and others, 9 BLC 163; Rokeya Vs. State, 5 BLC (AD) 86; Abed Ali Mia Vs. Islam Miah, 12 DLR 578; S.M. Faruque Vs. state, 28 DLR 192; State Vs. Azhar..Category: Women and Children | Date: 6 Jun, 2011 | Hits: 142
Bangladesh Tobacco Company Limited Vs. Ashoke Kumar Das & others, 2011, 40 CLC (HCD)
....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. Government sold to plaintiff 0.3550 acres of land from P.S. plot No.17,...... 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. ....... Abdur Rahman and others, 13 DLR 160; Madan Mohan Vs. Abdus Samad, 32 DLR 176; Mustafa Kabir Uddin Ahmed Vs. Badrun Nessa Chowdhury, 54 DLR 416; Abdur Rahman Vs. Kheru Malitha and others, 50 DLR (AD) 71; AZM Khalilur Rahman Vs. Md. Syed Hossain and others, 25 DLR 485; Mir Golam Kibria Vs. Rayn ..Category: Procedural Law | Date: 2 Jun, 2011 | Hits: 6
BGP Inc., China National Petroleum Corporation Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....hort listed to get Seismic Contract for carrying out 2D land seismic survey, where within it’s four corners there was no stipulation to the effect that the intended contractor has to have a registered branch office in Bangladesh in order to offer EOI. He further goes to argue that in res......om the records, respondent no.6 vide letter dated 11.04.2010 short listed 8 (eight) contractors where CGG Veritas, France has been placed at serial no.4 and BGP (Bangladesh) International has been posted at serial no.6. Neither CGG Veritas, France nor respondent no.8 within the four corners of i......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)
....es 1 to 3), consent is hereby given under the Capital issues (Continuance of Control) Act, 1947 to the proposed issue of share Capital in Bangladesh by the above Public Limited Company proposed to be registered in Bangladesh to the value of Taka 3,00,000 (Taka three crore) only divided into 3,00,000......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)
....edge, in all Tk. 12,00,000/- in favour of the plaintiff. 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 mo......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: ......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
Major (Retd.) Rafiq Hasan Faruq Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....Advocate further submitted that, 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 fo......the decree may be raised by the mortgage or lease or private sale of such property, or some part 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 ...... 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)
.... 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: ......on. Accordingly, he joined Netrokona Government College as Lecturer of Philosophy on 20.10.1996 vide appointment letter dated 16.10.1996 issued by the Ministry of Education (Annexure-A series). The post of the petitioner was subsequently made permanent vide notification dated 04.11.2003 (Annexur...... Commissioner of Transport, (1982)1 Serv L.J 422(HP); Raj Kumar Vs. Union of India reported in AIR 1969 (SC) 180; Secretary, Ministry of Finance and Others Vs. Md. Abdur Rashid and others, 12 BLC (AD) 13; 12 BLC (AD) 142. Lawyers Involved Akhtar Imam, Senior Advocate with Ms. Rubaiya ..Category: Employment/Service Law | Date: 15 May, 2011 | Hits: 22
Md. Badar Uddin and others Vs. Mst. Rezia Parvin and others, 2011, 40 CLC (HCD)
....t No.1409 appertaining to S.A khatian No.959 of Mouza No.137, Bhagaban Nagar belonged to Rehannuddin Mondal. Rehannuddin Mondal alienated .41 acres of land of plot No.1409 to defendant Nos.3 and 4 by registered kobla dated 17.9.1987, 2.2.1987 and to defendant No.5 by registered kobla dated 29.7.1987....... I find no substance in the rule. In the result this rule is discharge. No costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 12. ....... I find no substance in the rule. In the result this rule is discharge. No costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 12. ..Category: Civil Law | Date: 15 May, 2011 | Hits: 29
Tofail Ahmed Vs. State, 2010, 39 CLC (HCD)
....ed and the above named two account holders, who were loyal to him and were also supporters of his political ideology. On these allegations Motijheel Police Station Case No.54 dated 17-6-2002 has been registered, under sections 206/420/424/109 of the Penal Code, 1861 read with section 5(2) of th......e petitioner with those two persons and that they were loyal to the petitioner and were the follower of his political ideology. As such, the allegations made, he submits, on their face are so preposterous and frivolous that they do not disclose any offence against the petitioner under any of th......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
....he High Court Division Rules, 138. 1973 as mentioned in serial (A) of Part I and Part II of appendix IV, I failed to understand, in the absence of an application duly supported by affidavit and being registered and numbered as a writ petition, how the High Court Division could assume jurisdiction un......ayers. The learned Judges on consideration of the facts revealed in the application, exercise their discretion.
44. A formal application, however, must be supported by an affidavit. The letters, post-cards, telegrams were all treated as applications by the Supreme Court of India and Pakistan. N......
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; Hefzur Rahman (Md) Vs. Shamsun Nahar Begum and another, (1999) 51 DLR (AD)172; Bangladesh Le..
Category: Civil Law | Date: 12 May, 2011 | Hits: 34
Shahnaj Begum Munni Vs. State and another, 2011, 40 CLC (HCD)
.... this time too, the cheque was dishonoured on the score of stopping of payment by the drawer. Anyway, on 22.04.2009 the complainant through his lawyer gave a legal notice to the accused-petitioner by registered post with A/D which was received by her on 30.04.2009, but she did not repay the amount t......too, the cheque was dishonoured on the score of stopping of payment by the drawer. Anyway, on 22.04.2009 the complainant through his lawyer gave a legal notice to the accused-petitioner by registered post with A/D which was received by her on 30.04.2009, but she did not repay the amount thus committ...... 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...Category: Banking Law | Date: 12 May, 2011 | Hits: 251
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