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Shaikh Ansar Ali & others Vs. Md. Tofazzal Hossain and others, 2003, 32 CLC (HCD)

....l Hoque Siddique, Advocate-For the Petitioners. MA Tariq, Advocate-For the opposite parties. Civil Revision No. 6482 of 2002. Judgment ABM Khairul Haque J.- In this Rule three Orders all dated 19‑11‑2001 passed by the Senior Assistant Judge, Second Court, Khulna in Title Suit No. 34......tiffs in performing their functions till disposal of the suit. By order No. 8, the defendants by an order of ad­-interim injunction, are restrained from holding any discussion on agenda No. 6 to the notice of the Annual General Meeting No. BHMMA K(23)/2002‑2003/65 dated 13-11‑2002. 2. In thi......llenged. By the order No. 6 an application under order VII rule 11(d) of the Code of Civil Procedure was rejected. By order No. 7, the defendants were restrained from obstructing the plaintiffs in performing their functions till disposal of the suit. By order No. 8, the defendants by an order of adÂ..

Category: Civil Law | Date: | Hits: 74

Abdur Rouf @ Rab Howlader Vs. State, 2003, 32 CLC (HCD)

....‑For the State. Criminal Appeal No. 2261 of 2001. Judgment Md. Abdur Rashid J.- This appeal was presented under section 410 of the Code of Criminal Procedure against the judgment and order dated 29-­11‑1989 passed by the Additional Sessions Judge at Bagerhat in Sessions Case No. 62 of ...... In the result, this appeal is dismissed and the order of conviction and sentence is hereby affirmed. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 202. ......2 of 1987 (arising out of Shwarankhola PS Case No. 2 dated 8‑5‑1984 and GR Case No. 32 of 1984) which convicted the appellant under section 302 of the Penal Code and sentenced him to imprisonment for life and also to pay a fine of Taka 5000 in default to suffer rigorous imprisonment for one year..

Category: Criminal Law | Date: | Hits: 44

Hasibul Bashar (Md.) Vs. Dilshed Huda and another, 2002, 31 CLC (HCD)

....ty No. 1 complainant agreed to purchase a flat at 4th floor of International Romance measuring 1735 sft as per agreement in between them. As per agreement she handed over a pay order being No. 250159 dated 26-­6‑1997 in favour of the accused petitioner for Taka 22,00,000 and after receipt of the ......he learned Advocate for the accused petitioner submits that the GR Case in question is under section 138(b) of the Negotiable instruments Act as the opposite party No. 1 complainant did not serve the notice within the stipulated period of 15 days from the date of first bouncing or dishonouring of th......oor of International Romance measuring 1735 sft as per agreement in between them. As per agreement she handed over a pay order being No. 250159 dated 26-­6‑1997 in favour of the accused petitioner for Taka 22,00,000 and after receipt of the money the accused petitioner issued a money receipt. The..

Category: Criminal Law | Date: | Hits: 28

Kawsar Alam Khan Vs. State, 2000, 29 CLC (HCD)

....State. Criminal Appeal No. 196 of 2000 with Criminal Appeal No. 197 of 2000. Judgment MA Aziz J.- Criminal Appeal No.196 of 2000 and Criminal Appeal No.197 of 2000 are directed against order dated 14-2-2000 refusing bail to appellant Kawser Alam Khan by the Metropolitan Special Tribunal No.......pellant does not leave Bangladesh without permission of the trial Court. This Judgment and order shall have no bearing on the trial. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 298.......d of by a single judgment. 2. Allegations against the appellant is that on 20-7-98 at about 14.00 hours SI of Police Liaquat Hossain, attached to Sabujbagh PS accompanied by a contingent of police force arrested the appellant from East Goran on information that he has been threatening local peopl..

Category: Criminal Law | Date: | Hits: 54

Abdul Hoque (Md.) Vs. Md. Abdul Gani alias A Gani, 2000, 29 CLC (HCD)

.... Not represented— the Opposite Party. Civil Revision No. 1007 of 1986. Judgment Md. Abdur Rashid J. - This Rule was obtained by the petitioner, Abdul Hoque against the Judgment and Order dated 8-11-86 passed by Additional District Judge, 1st Court Dhaka in Miscellaneous Appeal No.518 of...... vacancy when the petitioner was appointed Mutwalli is not supported by the record as there is no order ever passed appointing opposite party as Mutwalli. The court of appeal below not only failed to notice this material fact but failed to notice either section 27 or 32 of the Waqf Ordinance. 14.......lling this earlier order dated 5-12-83 appointing the petitioner Mutwalli of the said State. 2. It appears from the record that the opposite party, Md. Abdul Ghani on 16-6-84 made an application before the Administrator of Waqfs, Bangladesh for cancelling the appointment of the petitioner as Mutw..

Category: Trust/Waqf Law | Date: | Hits: 174

Habibur Rahman Hawlader Vs. State and another, 2000, 29 CLC (HCD)

.... petitioner received taka 5,75,000 in cash and Taka 54,91,968 as per involve from the opposite party No. 2 and against the said money the accused petitioner issued cheque No. 239022 for Taka 5,75,000 dated 26‑1‑1999 and cheque No. 239021 for Taka 54,91,968 dated 16‑3‑1999 drawn on ANZ Grindl......ufficient. Then the cheque was again presented on 27‑5‑1999 but this time also the cheque was returned on 7‑6‑1999 with the remark that the account was closed. Opposite party No. 2 sent legal notice on 17‑8‑1999 for Taka 54,91,968 and notice on 21‑6‑1999 for Taka 5,75,000 and the acc...... Magistrate 1st Class Narayangonj should not be quashed. 2. The short fact of that case is that the opposite party No. 2 as complainant filed petition of complaint against the accused petitioner before the Magistrate 1st Class Narayanganj stating that out of business transaction the accused petit..

Category: Banking Law | Date: | Hits: 191

Abdur Rahman Vs. Government of Bangladesh, 2002, 31 CLC (HCD)

....ttorney-General-For Respondent No. 1. Writ Petition No. 6076 of 2000. Judgment Amirul Kabir Chowdhury J.- This Rule Nisi was issued calling upon the respondents to show cause as to why order dated 29‑10‑2000 passed by the Court of Settlement No. 1 in Case No. 15 of 2000 (Ka‑1 Tejkunip......e of receipt of the records giving reasonable chance to the petitioner to produce the aforesaid witness. Send down the LC Records at once. Ed. This Case is also Reported in: 55 DLR (2003) 196.......he list of abandoned property/buildings and to restore/hand over its possession to the petitioner. The application was registered as Case No. 15 of 2000 on 9‑7‑2000. The case was thereafter fixed for hearing on 30‑8-­2000 and on an application by the petitioner the date was shifted to 15‑10..

Category: Property Law | Date: | Hits: 59

Amena Khatun Vs. Chairman, Court of Settlement and others, 2010, 39 CLC (AD)

....sistant Attorney-General, instructed by B Hossain, Advocate-on-Record—For the Respondent No.2. Not Represented—Respondent No. 1. Civil Appeal No. 15 of 2003. (From the judgment and order dated 17-7-2001 passed by the High Court Division in Writ Petition No.1003 of 1994.) Judgment ......e to time in the official Gazette. (a) lists of buildings the possession of which have been taken as abandoned property under the President's Order, (b) "lists of buildings in respect of which notices for surrendering or taking posses­sion as abandoned property under the said order have been......of 1980, 408 of 1982 and 213 of 1985 from competent Civil Courts prior to the date of inclusion of the dis­puted property in the abandoned property list on 23rd September, 1986. 2. Facts relevant for the disposal of this appeal are that appellant entered into a contract for purchase of the dispu..

Category: Property Law | Date: | Hits: 65

Korban (Md.) Vs. Government of Bangladesh and others, 2003, 32 CLC (HCD)

.... or in an unlawful manner. 2. Heard the learned Advocate Mr. Sk Md. Morshed for the petitioner. He has submitted that this detenu was earlier detained by the District Magistrate, Dhaka by an order dated 1‑9‑2002 and the petitioner by filing WP No. 4674/02 challenged the order of detention and......f receipt of this order. The District Magistrate, Dhaka Mr. Md. Abdul Huq is directed to pay a compensatory cost of Taka 5,000 to the detenu. Ed. This Case is also Reported in: 55 DLR (2003) 194.......J.- This Rule was issued on the respondents to show cause as to calling up on the respondents to cause to why the detained Md. Shahid now being detained in Dhaka Central Jail should not be brought before this Court so that it may satisfy itself that the detenu is not being held in custody without a..

Category: Constitutional Law | Date: | Hits: 161

Sultana Begum and others Vs. Government of Bangladesh, 2002, 31 CLC (HCD)

....e Constitution of the People's Republic of Bangladesh was issued asking the respondent Nos.1 & 2 to show cause as to why the Gazette Notification SRO No. 30‑Ain 2000 Sha‑Poura-2 Ga Sha‑1/92 dated 3‑2‑2000, issued by the respondent No. 1, Annexure-A to the petition, should not be declar......tants, of the extended area as shown in the Gazette Notification Annexure-B to the petition is basically employed in agriculture, as such, it cannot included within the existing Pourashava. Moreover, notice under rule 3 inviting suggestions or objections under Declaration and Alterations of Municipa......00, issued by the respondent No. 1, Annexure-A to the petition, should not be declared to have been made illegally, without lawful authority and of no legal effect. 2. The case of the petitioners, for the purpose of the disposal of this Rule, is as follows: Petition No. 1 Women Member of Ward ..

Category: Election Law | Date: | Hits: 85

State Vs. Alal Mia and others, 2010, 39 CLC (AD)

....09.) Md. Abu Siddique, Advocate-on-Record- For the Respondents. (In Criminal Petition No. 246 of 2009) Criminal Petition for Leave to Appeal Nos. 245-46 of 2009. (From the judgment and order dated the 14th day of July, 2008 passed by the High Court Division in Death Ref.No.01 of 2005 with C......f the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 1013.......dvocate-on-Record-For the Respondent. (In Criminal Petition No. 245 of 2009.) Md. Abu Siddique, Advocate-on-Record- For the Respondents. (In Criminal Petition No. 246 of 2009) Criminal Petition for Leave to Appeal Nos. 245-46 of 2009. (From the judgment and order dated the 14th day of July,..

Category: Criminal Law | Date: | Hits: 46

Md. Ayub Ali and others Vs. Isa Mandal and others, 2010, 39 CLC (AD)

....s. Syed Mahbubar Rahman, Advocate-on-Record-For Respondent No. 1. Not represented- Respondent Nos. 2-124. Civil Petition for Leave to Appeal No. 1587 of 2009. (From the judgment and order dated the 18th day of May, 2009 passed by the High Court Judgment Mohammad Fazlul Karim J.- T......nsideration of TK. 25,000.00. The pre-emptors, knowing about the said deed dated 27.07.1996, filed the instant appli­cation on 24.08.1996. Although they are co-sharers of the 'jama' but no statutory notice was issued upon them in respect of the instant sale. The pre-emptee is a stranger-purchaser. ...... instructed by Md. Abu Siddique, Advocate-on-Record-For the Petitioners. Syed Mahbubar Rahman, Advocate-on-Record-For Respondent No. 1. Not represented- Respondent Nos. 2-124. Civil Petition for Leave to Appeal No. 1587 of 2009. (From the judgment and order dated the 18th day of May, 200..

Category: Property Law | Date: | Hits: 39

M/S. Hamida Oil Mills, Proprietor Bhaiya Oil Mills Ltd. Vs. Agrani Bank Ltd. and others, 2010, 39 CLC (AD)

....structed by Abu Siddique, Advocate-on-Record-For Respondent Nos.1 and 2. Not rep­resented- Respondent No. 3. Civil Petition for Leave to Appeal No. 440 of 2008. (From the judgment and order dated the 27th day of January, 2008 passed by the High Court Division in Writ Petition No.359 of 200......he banks to allow it to make payment installments and the bank also accepted that prayer and made an agreement, but subsequently, without complying with that agreement the bank on 08.02.1998 issued a notice upon the writ-petitioner asking it to pay TK. 9,378,38,735.03. Against that notice the writ-p......te-on-Record-For the Petitioner. Shameen Khaled Ahmed, Advocate instructed by Abu Siddique, Advocate-on-Record-For Respondent Nos.1 and 2. Not rep­resented- Respondent No. 3. Civil Petition for Leave to Appeal No. 440 of 2008. (From the judgment and order dated the 27th day of January, ..

Category: Banking Law | Date: | Hits: 191

M/s. Bangladesh Catfish Limited and others Vs. Sunny Fish Agency and Trading and others, 2010, 39 CLC (AD)

....d by Chowdhury Md. Zahangir, Advocate-on-Record-For Respondent No. 1. Not represented- Respondent Nos. 2-4. Civil Petition for Leave to Appeal No. 2495 of 2009. (From the judgment and order dated 9.6.2008 passed by the High Court Division in First Appeal No.95 of 2006.) Judgment SK S......e petitioners contended that the learned Judges of the High Court Division erred in law in affirming the judgment and decree with modification passed by the learned Joint District Judge in failing to notice that the affairs of the defendant Nos. 2-4 having been taken over by the defendant No.1, the ......slam, Senior Advocate (with Mahbubey Alam, Senior Advocate), instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For Respondent No. 1. Not represented- Respondent Nos. 2-4. Civil Petition for Leave to Appeal No. 2495 of 2009. (From the judgment and order dated 9.6.2008 passed by the H..

Category: Civil Law | Date: | Hits: 96

Shahadat Hossain (Md.) Vs. Base Textile Ltd., 2000, 29 CLC (HCD)

....filing affidavit-in opposition denied the material allegations and stated that the respondents never obtained any signatures of the petitioner on blank letterheads. The Extraordinary General Meetings dated 15-10-2000 and 25-10-2000 were held in presence of the petitioner and the respondent Nos. 2 an......of any urgency in his absence. The petitioner believed the respondent No. 2 and in good faith signed some blank letterheads and left them with the respondent No. 2. 8. On his return from India, he noticed a change of attitude among the other two directors and officers of the company. In the Board......he petitioner and the respondent No. 2, who are childhood friends. Loan was taken from Sonali Bank as a result of which there is a huge outstanding liability to Sonali Bank. 7. The petitioner left for India on 28-9-2000, but before his departure the respondent No. 2 asked for the signature of the..

Category: Company Law | Date: | Hits: 247

Md. Kamal and another Vs. State, 2010, 39 CLC (AD)

....Record-For the Petitioner (In both the cases) Not represented- the Respondent (In both the cases) Criminal Review Petition for Leave to Appeal Nos. 3-4 of 2010. (From the judgment and order dated the 14th day of October, 2009 passed by the Appellate Division in Criminal Petition for Leave ......and order dated 14.10.2009 passed by the Appellate Division in Criminal Petition Nos. 134-135 of 2008 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 988.......Kazi Akter Hamid, Advocate instructed by Md. Abu Siddique, Advocate-on-Record-For the Petitioner (In both the cases) Not represented- the Respondent (In both the cases) Criminal Review Petition for Leave to Appeal Nos. 3-4 of 2010. (From the judgment and order dated the 14th day of October..

Category: Criminal Law | Date: | Hits: 54

State and Others Vs. Abdul Kader @ Mobail Kader and others, 2010, 39 CLC (AD)

....Khalequzzaman, Advocate-on-Record-For the Respondent (In Criminal Petition No. 32 of 2009) Criminal Petition for Leave to Appeal Nos. 193-94 of 2008 and 32 of 2009. (From the judgment and order dated the 25th day of November, 2007 passed by the High Court Division in Reference No. 14 of 2004 w......e Baban Khan of East Madiny Mondal, 41/1, Purana Paltan, P.S. Motijheel, Dhaka are directed to surren­der forthwith before the Court below. Ed. This Case is also Reported in: VII ADC (2010) 984.......on No. 194 of 2008) A.S.M. Abdul Mobin, Deputy Attorney General instructed by A.S.M. Khalequzzaman, Advocate-on-Record-For the Respondent (In Criminal Petition No. 32 of 2009) Criminal Petition for Leave to Appeal Nos. 193-94 of 2008 and 32 of 2009. (From the judgment and order dated the 25..

Category: Criminal Law | Date: | Hits: 46

Hamidul Huque, Managing Director, United Commercial Bank Ltd. and another Vs. Akhtaruzzaman Chowdhury, 2005, 34 CLC (AD)

....-For the Appellant. Rafique-Ul-Huq, Senior Advocate, instructed by A.S.M. Khalequzzaman, Advocate-on-Record-For the Respondent. Criminal Appeal No. 05 of 2004. (From the judgment and order dated 1st and 2nd November 2003 passed by the High Court Division in Contempt Judgment Moham......contemner appellant No.1 that his inac­tion in holding the AGM of the Bank is, in effect, violation of the order of Court and amount to disregarding the order of Court and this may be brought to the notice of the Court and the contemner appellants may be held liable for defi­ance of the order of t...... 1st and 2nd November, 2003 passed by the High Court Division of the Supreme Court of Bangladesh in Contempt Petition No.3 of 2003 arising out of Company Matter No.2 of 2000 convicting the appellants for contempt of Court and sentencing them to pay fine of Tk.2000/- each, in default, to suffer simpl..

Category: Criminal Law | Date: | Hits: 60

Idris Mir Malat Vs. Nitya Gopal Paul and others, 2010, 39 CLC (AD)

....r. Syed Mahbubar Rahman, Advocate-on-Record-For Respondent No. 2. Not represented-Respondent Nos. 1, 3-16. Civil Petition for Leave to Appeal No. 539 of 2009. (From the judgment and order dated 23.02.2009 passed by the High Court Division in First Miscellaneous Appeal No. 395 of 2008.) ......een no failure of justice calling for interference by this Court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 966. ......ructed by A. K. M. Shahidul Huq, Advocate-on-Record-For the Petitioner. Syed Mahbubar Rahman, Advocate-on-Record-For Respondent No. 2. Not represented-Respondent Nos. 1, 3-16. Civil Petition for Leave to Appeal No. 539 of 2009. (From the judgment and order dated 23.02.2009 passed by the ..

Category: Property Law | Date: | Hits: 44

M/s. Aimon Electrical Industries Vs. Judge, Artha Rin Adalat, 2nd Court at Dhaka and oth­ers, 2010, 39 CLC (AD)

.... instructed by Syed Mahbubur Rahman, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 24 of 2010. (From the judgment and order dated 03.12.2009 passed by the High Court Division in Writ Petition No.8267 of 2008.) Judgment ......000/- + 6,96,000/-) =16,52,000/- and the defendants judg­ment debtor paid Tk.27,73,086/- to the tune of Tk. 16,52,000/- and decree hold­er bank started execution case claiming Tk. 1,20,41,405/- and notice or sum­mons were not served upon the defen­dant petitioner and keeping the defendant petiti...... February 14, 2010. Lawyers Involved: S. N. Goswami, Advocate instructed by Syed Mahbubur Rahman, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 24 of 2010. (From the judgment and order dated 03.12.2009 passed by the H..

Category: Civil Law | Date: | Hits: 96