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Anwarul Alam (Md.) Vs. Pubali Bank Ltd and others, 2011, 40 CLC (HCD)
....hat 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 claiming benefit of Act No. V of 2010, which was promulgated 10 months after his order of release, i......from Bangladesh Muktijoddha Sangshad on 4-2-2001 as well as from the Ministry of Liberation War Affairs on 12-6-2003 as recognition of his contribution in the war of liberation 1971. The petitioner before going on LPR lastly served as an Assistant General Manager, Narayangonj Branch, Pubali Bank Ltd...... 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
Mokles Uddin Bhuiyan Vs. Rabi Chowdhury, 2012, 41 CLC (HCD)
....r filed Money Execution Case No.4 of 1975 and accordingly the auction was held and auction was confirmed on 25-11-1975. The opposite party No.1, the petitioner of the Miscellaneous Case No.55 of 1984 claimed that without any summons and following procedure of law the said auction was held. It appear......llaneous Appeal No.11 of 1994 affirming those dated 16-3-1994 passed by the Assistant Judge, in-charge, Singair, Manikganj in Miscellaneous Case No.55 of 1984 should not be set aside. 2. The facts for disposal of the Rule, in short, are that opposite party No.1 as petitioner filed Miscellaneous C......ent petitioner auction purchased the valuable property of him. The said auction was confirmed on 25-11-1975. The said auction was not in proper, illegal and mala fide and the value of the auction money was not proper. The opposite party No.1 came to know the same on 11-07-1976. Hence the case. ..Category: Civil Law | Date: 11 Mar, 2011 | Hits: 185
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. ......Rahimafrooz Batteries and others, 7 BLC (AD) 73. Lawyers Involved: Dr. Kamal Hossain with Mahmudul Islam, Rokanuddin Mahmud, Kamal-ul-Alam, Sara Hossain and Tamim Hossain Shawn, Advocates - for the Petitioners. Mahbubay Alam, Attorney General, with M.K. Rahman, Additional Attorney Gen......erest and as such the petitioner should be treated not only in accordance with law, but also with honour, respect and dignity inasmuch Grameen Bank has come to its present position with the deposited money of more than 80 lakh women, who are the shareholders and owners of the institution and only th..Category: Banking Law | Date: 8 Mar, 2011 | Hits: 438
Kazol and others Vs. State, 2011, 40 CLC (HCD)
....005 wherein a charge was so framed against the appellants with other co-accused under section 302/34 of the Penal Code, which was read over to the accused persons, wherein they pleaded not guilty and claimed to be tried. 5. During trial the prosecution examined 11 witnesses and defence examined n......ase No. 85 of 2005 arising out of Manikgonj P.S Case No.19 (2)2003 dated 11.02.2003 convicting the accused appellants under section 302/34 of the Penal Code and sentencing them to suffer imprisonment for life with a fine to pay of Tk. 10,000/-, in default to suffer rigorous imprisonment for further ......that about 2(two) months before the informant Md. Abdul Halim and his sister Momtag Begum gave Taka 2,00,000.00 (Two Lac) to Kazol and Shazol for the purpose of going to Saudi Arabia but after taking money they failed to take any step for sending them to Saudi Arabia. On 10.02.2003 at morning Kazol ..Category: Criminal Law | Date: 2 Mar, 2011 | Hits: 48
Shammi Yasmin @ Suma alias Sreemoti Rafiqa Rani and others Vs. State, 2011, 40 CLC (HCD)
.... from today and for the time being the victim will remain as it is, in the safe custody. Communicate the order at once. AKM Zahirul Hoque, J.- I agree. Ed. This Case is also Reported in: ......hese appeals by the impugned order dated 5.7.2010 the learned Nari-O-Shishu Nirjtatan Daman Tribunal, Joypurhat rejected the 2 applications, one filed by the victim herself and another filed by the informant for custody of the victim girl in Nari-O-Shishu Case No. 106 of 2010 arising out of Panchbib......be back and accordingly he returned home but after expiry of 5 days failing to get his daughter he asked to Chairman but he failed to do anything. At that time the accused Amena Bibi offered him some money and asked him not to take any legal action against them and the matter will be settled as very..Category: Women and Children | Date: 27 Feb, 2011 | Hits: 82
....d disputes relating to the meaning of the specifications, designs, drawings and instruction and also as to the quality of workmanship or materials used on the work, or as to any other questions, claim, right, matter or thing whatsoever in any way arising out of or relating to the contract, desi......ructed by AKM Shahidul Huq, Advocate-on-Record—For the Respondent No.1 (In both the petitions)
None Represented—For the Respondent Nos.2-6 (In both the petitions)
Civil Petition for Leave to Appeal Nos.1602 and 1603 of 2010.
(Arising out of the same judgment and order date......The plaintiff then submitted an application on 11.03.2002 to defendant No.6 for withdrawal of the penalty arbitrarily imposed upon him but to no effect. Hence, the suit was filed for recovery of money amounting to total Taka 5, 19,258.00 being the deducted amount of Taka 3, 73,369.00 and compen..
Category: Civil Law | Date: 23 Feb, 2011 | Hits: 10
Mohammad Ali Vs. Bangaldesh Bank and others, 2011, 40 CLC (HCD)
....Suit No.81 of 2001 for any permission to sell the goods, though it was a legal obligation and responsibility on the part of the bank to sell the pledged goods and adjust the sale proceeds against the claim of the bank. This is the mandate of section 12 (2) of the Ain. Now the bank can not avoid its ......ing out of Artha Rin Suit No.424 of 2004). By the first order the learned Judge, on an application filed by the decree holder-bank, fixed a date of auction on publishing auction notice in news papers for sale of the petitioner’s mortgaged property, while by latter rejected his (petitioner’s) app......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: ..Category: Banking Law | Date: 22 Feb, 2011 | Hits: 187
.... to pronounce judgment, it has the jurisdiction to permit additional evidence to be produced.
When evidence was not adduced by the defendant at the trial stages, at the appellate stage he cannot claim as of his right, an opportunity to adduce evidence…...............(21)
Case Referr......smissed.
When additional evidence sought to be adduced.
It is well established that Order XL, rule 27, CPC does not confer a right on the party to produce additional evidence. The need for additional evidence must be felt by the Court itself, if the Court hearing the action requires a......mpany on 19-3-1990 entered into an agreement for sale of the said property with Alhaj Mansur Rahman for Taka 35, 40,000. Thereafter Alhaj Mansur Rahman paid Taka 18.50 lakh through cheques as earnest money and possession of the property was delivered to him with a condition that outstanding dues of ..
Category: Civil Law | Date: 17 Feb, 2011 | Hits: 5
Jamiul Hossain Vs. Government of Bangladesh & Others, 2011, 40 CLC (HCD)
....8 acres of land vide D.P Khatian No.4778. The committee constituted by the Settlement-Officer under rule 42 of the Tenancy Rules, 1955 did not properly consider documents of title in support of their claim and recommended restoring the judgment and order of the appeal cases illegally and as such dra......o constitute a committee to rehear Appeal Case Nos.31335 of 2001, 31336 of 2001 and 41105 of 2001 and the notice dated 14.7.2002 issued by respondent No.3 contained in annexure-H to the writ petition for rehearing of above 3 cases on 24.07.2002 should not be declared to have been passed without lawf......of issuance of Rule Nisi is, hereby, recalled and vacated. Let a copy of the judgment be communicated to the Respondents forthwith. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 49. ..Category: Constitutional Law | Date: 15 Feb, 2011 | Hits: 176
Rupali Bank Ltd., Dhaka Vs. M/S. Brick Linkers Ltd. and Others, 2011, 40 CLC (AD)
....em. The appeal is dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 92, 16 BLC (AD) (2000) 107, VIII ADC (2011) 523 ......ee. 2. To decide this point let us recapitulate short facts out of which this appeal has arisen. Appellant Rupali Bank Limited instituted a suit in the Artha Rin Adalat, Dhaka shortly, the Adalat, for realization of Tk.48, 68,970.270 against the respondents by selling the mortgaged property. The ...... of any provision for executing the decree, there is no dispute that the provisions of the Code of Civil Procedure will apply. 6. In the preliminary decree there was direction to pay the decreetal money within a specified time and if the judgment-debtors failed to pay the decreetal amount, the de..Category: Banking Law | Date: 15 Feb, 2011 | Hits: 189
....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].
......l violence against a child domestic worker has been highlighted as reported in the daily national newspaper Amar Desh on 03.05.2010 (Annexure-A to the writ petition).
2. The newspaper reports that for breaking a flower vase, the lady of the house tied up the child housemaid, pushed her on to the ......an slavery. In fact the practice of ‘c¡ce’ or bonded labour is still prevalent in many parts of the country where children of the poor families are pledged to the rich on payment of lump sums of money. The poor and hapless children work for their masters until the loan is paid off. In the case ..
Category: Women and Children | Date: 15 Feb, 2011 | Hits: 265
Shah Alam (Md.) Vs. State and another, 2011, 40 CLC (HCD)
.... the cheque (the accused-petitioner) having full knowledge about the fact that the cheque could not be encashed on the basis of his signature, issued the same with malafide intention to frustrate the claim of the complainant. The ground of keeping insufficient fund is also with similar intention. So...... or any other order passed as this Court may deem fit and proper. 2. By the same Rule issuing order, all further proceedings of the above Sessions Case were also stayed. 3. The relevant facts for disposal of the Rule are that the added opposite-party No.2 Mohammad Kamal Uddin Chowdhury lodge......e Instruments Act, 1881 alleging that while he had cordial relationship with the accused-petitioner, the latter received a loan of Taka 50,00,000 from the complainant with the promise to pay back the money within a few days. Subsequently, the accused-petitioner issued a cheque dated 2-2-2009 in favo..Category: Banking Law | Date: 6 Feb, 2011 | Hits: 361
Sohrab Hossain (Md.) & others Vs. State & another, 2011, 40 CLC (HCD)
.... of the Code. 11. For the discussions made above, we find no merit in the Rule. Accordingly, this Rule is discharged. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 215. ......was issued calling upon the opposite-parties to show cause as to why the impugned proceedings of CR Case No.4137 of 2009 under sections 138/140 of Negotiable Instruments Act, 1881, Now pending before the Court of Chief Metropolitan Magistrate, Dhaka should not be quashed and/or pass such other ......o make payment of the amount of the dishonoured cheque but they did not make the payment. The accused in collusion with each other with a malafide motive gave the cheque without depositing sufficient money in the account of the company and thus practised fraud upon bank and committed the offence und..Category: Others | Date: 3 Feb, 2011 | Hits: 4
Md. Nasurullah alias Nasu Vs. Artha Rin Adalat No. 4, Dhaka and others, 2011, 40 CLC (HCD)
.... and also directed the parties to maintain status quo in respect of possession and position of the property in question. Thereafter respondent Nos. 5-7 filed another application for addition of party claiming themselves as subsequent purchasers from the auction purchaser, which was also allowed by o......cree, was issued calling in question the proceedings in Execution Case No.727 of 2005 of Artha Rin Adalat No. 4, Dhaka and the legality of order dated 7.8.2007 passed therein rejecting an application for release of the auctioned property on payment of the decretal money. 2. Facts leading to thi...... Case No.727 of 2005 of Artha Rin Adalat No. 4, Dhaka and the legality of order dated 7.8.2007 passed therein rejecting an application for release of the auctioned property on payment of the decretal money. 2. Facts leading to this writ petition, in short, are that the Islami Bank Ltd, Mirpur B..Category: Banking Law | Date: 2 Feb, 2011 | Hits: 175
M/S A-Z Knit Wears Ltd. and another Vs. City Bank Ltd. and others, 2011, 40 CLC (HCD)
.... The Constitution of the Peoples’ Republic of Bangladesh, 1972, Article 102. Whether the cheques were altered or dishonour of the same constitutes any offence against the petitioners and the claim raised in the notice is correct there are all questions of facts to be determined by a compete......ence against the petitioners and the claim raised in the notice is correct there are all questions of facts to be determined by a competent court in due course of trail, if the notice giver bank goes for legal action. But at this stage its access of justice cannot be denied by gagging the legal noti......at when the petitioner company owes only taka 3 (three) crore and some odd, altering and placing of two cheques for taka 10 (ten) crore and serving legal notice upon the petitioner-company during the money suit being pending against the creditor-bank, is mala fide and collusive. Under the given circ..Category: Banking Law | Date: 26 Jan, 2011 | Hits: 185
Mahbub Ahmed Chowdhury Vs. Chief Election Commissioner and others, 2011, 40 CLC (AD)
....judgment and order passed by the High Court Division. Accordingly, the Civil Petition for Leave to Appeal is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 283. ......ub Ahmed Chowdhury.......................Petitioner Vs. Chief Election Commissioner and others..........Respondents Judgment January 23, 2011. Result: Civil Petition for Leave to Appeal is dismissed. Words and Phrases Amendment and Amendment of a statut...... constituency of the Parliamentary election. 24. We are of the view that inclusion of such requirement is intended to have check on public expenditure and to watch and ensure that no public money is unnecessarily expended on such whimsical candidates. It is true that Article 26 of the Or..Category: Constitutional Law | Date: 23 Jan, 2011 | Hits: 11
Md. Hamiduzzaman Vs. Joint District Judge, Artha Rin Adalat, Faridpur and others, 2011, 40 CLC (HCD)
....e may be, which have been deposited by them in favour of the decree holder-bank after issuance of the certificate. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......erty. 2. Facts leading to this writ petition, in short, are that Islami Bank Bangladesh Ltd., Khulna Branch as plaintiff instituted Artha Rin Suit No.10 of 2004 in the Artha Rin Adalat, Faridpur for recovery of loan amounting to Taka 4,01,55,468.00 (four crore one lac fifty-five thousand four h...... and in the meantime to postpone issuance of the certificate. 3. The learned Judge allowed him time to pay the outstanding dues by order dated 30.7.2009 and fixed 6.9.2009 for deposition of the money and hearing of the said application. As the judgment debtor failed to deposit the money even t..Category: Banking Law | Date: 20 Jan, 2011 | Hits: 233
Bangladesh Legal Aid and Services Trust Vs. Secretary, Ministry of Education, 2011, 40 CLC (HCD)
.... 63 DLR (2011) 643. An international organisation set up in 2001 to campaign for worldwide prohibition by law of all corporal punishment of children, whether by parents or schools. ...........................Respondents Judgment January 13, 2011. Cases Referred to- Bangladesh Legal Aid and Services Trust and others Vs. Government of Bangladesh and others; Parents Forum for Meaningful Education and Another Vs. Union of India and another, AIR 2001 (Delhi) 212; F.C. Mull......as physical manifestation of corporal punishment is concerned. In the case relating to respondent No.31 a boy aged 10 committed suicide after being caned in school by a teacher for allegedly stealing money. The teacher was suspended temporarily and departmental proceeding was started, which is still..Category: Women and Children | Date: 13 Jan, 2011 | Hits: 248
State Vs. Alam, 2011, 40 CLC (HCD)
....eased. That left the Tribunal to consider the condemned-prisoner having incurred criminal liability by murdering his wife while she remained in his custody with malicious aforethought stemming from a claim for dowry. The Tribunal remained so convinced of the condemned-prisoner's association with the......racted the provisions of section 374 of the Code of Criminal Procedure ("the Code") requiring such sentence to be confirmed by this Court. The case record together with the Judgment having been, therefore, sent to this Court, this Court registered the same as Death Reference No.128 of 2005. This is ...... Nari-o-Shishu Nirjatan Daman Tribunal, Kushtia immediately. Send down the Lower Court Records. Communicate this Order at once. Ed. This Case is also Reported in: 16 BLC (2011) 816. ..Category: Women and Children | Date: 11 Jan, 2011 | Hits: 176
....uction of the body of the vessel had been completed on 14-3-1983. Since then no progress had been made though the date of delivery of the vessels as per agreement dated 31-10-1983. The appellant claims that the respondent Nos.1-4 being guarantors are jointly and severally liable to repay the BS......ladesh Shilpa Rin Sangstha Order (PO 128 of 1972); Article 33(1)(d)
The High Court Division concurred with the decision of the trial court excepting that the awarding of interest of Taka 33 lakh for the period prior to the institution of the suit was not interest, but compensation in the form o......pondent No.5 did not import the new marine engines as per terms of the contract rather they imported reconditioned engines which are now lying in the godown of the Rupali Bank and misappropriated the money. Thirty five percent of the construction of the body of the vessel had been completed on 14-3-..
Category: Business or Commercial Law, Labour and Industrial Law | Date: 13 Dec, 2010 | Hits: 10
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