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Bangladesh Shilpa Rin Sangstha (BS-RS) Vs. She Shipping Judgment Lines Limited and others, 2010, 39 CLC (AD)

....ue CJ Md. Muzammel Hossain J SK Sinha J      Bangladesh Shilpa Rin Sangstha (BS-RS)...............Appellant Vs. She Shipping Judgment Lines Limited and others............Respondents Judgment December 13, 2010.  Result: The ......nce suc­cessfully proved their case for recovery of the present outstanding loan with interest of the Respondents as on 1-1-1984 amounting to Taka 63, 54, 326.33. 26. We also think it a proper case for awarding compensation for violation of con­tract by the respondents. In Sonali B..

Category: Business or Commercial Law, Labour and Industrial Law | Date: 13 Dec, 2010 | Hits: 10

Fatema Begum Vs. The Artha Rin Adalat, Narayangonj and others, 2010, 39 CLC (HCD)

....iginal Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Fatema Begum…………………………………………...Petitioner Vs. The Artha Rin Adalat, Narayangonj and others….............. Respondents Judgment November 11, 2010. Cases Referred to- V......ag No. 459 under Mouza Dewbhoge of Police Station and District Narayanganj (more particularly described in schedule-1 of the writ petition). The petitioner, her brother and sisters inherited the said property after the demise of their father Dudu Mian and have been enjoying and possessing the same f..

Category: Banking Law | Date: 11 Nov, 2010 | Hits: 14

Ms. Syeda Rizwana Hasan Vs. Bangladesh and others, 2010, 39 CLC (AD)

....e Division (Civil) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Ms. Syeda Rizwana Hasan...............................Appellant Vs. Bangladesh and others...................................Respondents Judgment November 8, 2010. Result......t and planned future con­ditions, to accomplish as far as possi­ble the most appropriate uses of the land consistent with the public inter­est and the safeguarding of the inter­ests of individual property owners. A municipality may establish a com­prehensive land-use plan and effectu­ate that ..

Category: Environmental Law | Date: 8 Nov, 2010 | Hits: 258

Shanik Chandra Barmon Vs. State and another, 2010, 39 CLC (HCD)

....6 DLR (HCD) (2014) 114   ......e No.54 of 2008 under section 408 of the Penal Code, now pending in the Court of Senior Judicial Magistrate, Nilphamari, should not be quashed or any other order passed as this Court may deem fit and proper. 2. By the same Rule issuing order, all pro­ceedings of the above mentioned CR Case ..

Category: Anti-Corruption Laws, Criminal Law | Date: 2 Nov, 2010 | Hits: 5

British American Tobacco Bangladesh Company Ltd. Vs. Begum Shamsun Nahar, 2010, 39 CLC (AD)

....d............Petitioner Vs. Begum Shamsun Nahar.......................Respondent Judgment October 13, 2010. Result: The leave petition is dismissed. Words and phrases Sexual harassment in employment Sexual harassment in employment may be terme......re the relief claimed is undervalued and the plaintiff on being required by the Court to correct the valuation within a time to be fixed by the Court fails to do so; (c) where the relief claimed is properly valued, but the plaint is written upon paper insufficiently stamped, and the plaintiff, on..

Category: Women and Children | Date: 13 Oct, 2010 | Hits: 21

Deen Mohammad Vs. Bangladesh Bank and others, 2010, 39 CLC (HCD)

....l Original Jurisdiction) Present: Md. Anwarul Haque J Syed Abu Kowser Md. Dabirushshan J Deen Mohammad………………...................Petitioner Vs. Bangladesh Bank and others………………….Respondents Judgment October 12, 2010. Result: T......ed without lawful authority and is of no legal effect and ultra vires section 17(6) of the Bank Company Act, 1991 and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. In short, the case of the petitioner for the purpose of disposal of the Rule is as f..

Category: Banking Law | Date: 12 Oct, 2010 | Hits: 423

Ayub Ali Sheikh alias Buna Vs. State, 2010, 39 CLC (HCD)

....Premsing, 2009 CrLJ (SC) 786; Sheikh Zakir Vs. State of Bihar, AIR 1983 (SC) 911; Al-Amin Vs. State 51 DLR 154. Lawyers Involved: Alhaj ABM Nurul Islam, Senior Advocate with Md. Giasuddin Ahmed and Elida Yeasmin, Advocates-For the Appellants. Md. Mosharraf Hossain Sarder, Deputy Attorney-Ge......arker, the learned Deputy Attorney General and Ms. Yeasmin Begum Bithi, the learned Assistant Attorney General, appearing for the state firstly submits that, the Tribunal has given the judgment after proper assessment of the deposition of the prosecution wit­nesses and that there is no lacuna in th..

Category: Women and Children | Date: 11 Oct, 2010 | Hits: 154

Orascom Telecom Bangladesh Limited Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)

....sh Limited, (formerly known as Sheba Telecom (Pvt) Limited)……………Petitioner Vs. National Board of Revenue, represented by its Chairman, Segunbagicha, Dhaka and others..........................Respondents Judgment October 7, 2010. Result: ......bution on 26.4.2007 and found 4,65,906 pieces of SIM cards and 81,88,327 numbers of scratch cards that belonged to the petitioner. They asked for VAT documents to Ring Distribution who failed to show proper documentation and the officials seized the products and filed a Seizure (Atok) Case No. 15/20..

Category: Fiscal/Taxation Law | Date: 7 Oct, 2010 | Hits: 174

State Vs. Md. Sayab Ali, 2010, 39 CLC (AD)

....Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Petitioner. Not Represented-For the Respondent. Criminal Petition for Leave to Appeal No.52 of 2009. (From the judgment and order dated 30.6.2008 passed by the High Court Division in Death Reference No.125 of 2004 with C......the house of the accused-respon­dent as a result of the injuries, the onus lies upon her husband to explain the cir­cumstance under which his wife suc­cumbed to injuries and that in the absence of proper explanation no person other than her husband, the accused-respondent, is responsible for the ..

Category: Women and Children | Date: 7 Oct, 2010 | Hits: 126

State Vs. Tajul Sheikh @ Md. Tajul Shaikh and others, 2010, 39 CLC (HCD)

....airul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J The State...................................................................Petitioner Vs. Tajul Sheikh @ Md. Tajul Shaikh and others...................Respondents Order September 28, 2010. Result: Leave is gra......ntentions of the learned Deputy Attorney General. 7. Leave is, therefore, granted to consid­er whether the High Court Division is justified in acquitting the accused-respondents of the charges on proper sifting the evidence on record, inasmuch as, the learned Sessions Judge on proper appreciatio..

Category: Criminal Law | Date: 28 Sep, 2010 | Hits: 15

Ain O Salish Kendra Vs. Bangladesh, 2010, 39 CLC (HCD)

.... ......n to the number of factories and shops and other establishments, which they are required to inspect, is totally inadequate and the enforcement machinery is not capable of doing the work of inspection properly and adequately. By a further affidavit-in-opposition dated 02.08.2010, respondent No.2 has ..

Category: Women and Children | Date: 5 Sep, 2010 | Hits: 261

Hasura Begum Vs. Bangladesh and others, 2010, 39 CLC (HCD)

.... Hassan J Hasura Begum……………………Petitioner  Vs.  Bangladesh, represented by the Secretary, Ministry of Home Affairs, Government of the People's Republic of Bangladesh and others………………………Respondents  Judgment August 24, 2010.  Resu......fer the Motijheel Police Station Case No.01 dated 1-3-2010 under sections 7/9(1)/30 of the Nari-o-Shishu Nirjtan Daman Ain, 2000 (amended in 2003) from the Motijheel Police authority to CID or DB for proper investigation and/or such other or further order or orders passed as to this Court may seem f..

Category: Women and Children | Date: 24 Aug, 2010 | Hits: 187

Prime Global Ltd and others Vs. Artha Ain Adalat No.4, Dhaka and others, 2010, 39 CLC (HCD)

....ed in: 65 DLR (HCD) (2013) 205 ......fact given in connection with a subsequent facili­ty being CC (Hypo) LTR loan facility which has already been adjusted, but the Uttara Bank refused to return personal guarantee and mort­gaged property. 4. At one stage, in the course of trial, the petitioner tried to exclude their names ..

Category: Banking Law | Date: 23 Aug, 2010 | Hits: 2

Abdur Rashid Gazi Vs. Nur Ali Gazi and others, 2010, 39 CLC (HCD)

.... ......2002 passed by the learned Assistant Judge, Kaligonj, Satkhira in Title Suit No.6 of 1999 should not be set aside and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Opposite party No.1 as plaintiff instituted the suit against the petitioner as def..

Category: Procedural Law | Date: 10 Aug, 2010 | Hits: 4

Ferdous Khan @ Alamgir Vs. Islami Bank Bangladesh Ltd. and another, 2010, 39 CLC (HCD)

....n) Present: Salma Masud Chowdhury J Md. Rezaul Hasan J Ferdous Khan @ Alamgir………………………......................Petitioner Vs. Islami Bank Bangladesh Ltd. and another………………………Opposite party Judgment August 1, 2010. Result......ments Act, now pending in the Court of Metropolitan Magistrate Amali Adalat No.4, Chittagong, should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The facts leading to filing of this application under 561A of the Code shortly are t..

Category: Banking Law | Date: 1 Aug, 2010 | Hits: 657

Md. Zahirul Islam Vs. Adamjee Jute Mills Ltd., 2010, 39 CLC (HCD)

....dgment July 20, 2010. Result: The Rule is made absolute. In a suit for causing losses or damages, the plaintiff is required to give specific instance of damages suffered by him and the exact loss caused to him for which the defendant is liable to be called upon to answer his d......he other hand, Mr. Jamal Uddin Ahmed, the learned Advocate appearing for the plaintiff-opposite party supports the impugned judgments of two Courts below which were according to him just, correct and proper. The learned Advocate in the course of his argument after placing the deposition of PWs. and ..

Category: Limitation Law | Date: 20 Jul, 2010 | Hits: 38

S.M. Saiful Hasan Vs. Director General, Bangladesh Sugarcane Research Institute and others, 2010, 39 CLC (HCD)

....: Zubayer Rahman Chowdhury J Farah Mahbub J S.M. Saiful Hasan……………….....................Petitioner Vs. Director General, Bangladesh Sugarcane Research Institute and others…......Respondents Judgment July 18, 2010. Result: The Rule is disc......hority to bring an end to an officer’s unblemished record of service tends to give rise to arbitrariness to the prejudice of the incumbent. Moreover, he submits that with the passage of time for proper dispensation of justice, the apex court has gone to extend its hand in providing protection ..

Category: Employment/Service Law | Date: 18 Jul, 2010 | Hits: 5

Abeda Khatun and others Vs. Md. Idris Mia and others, 2010, 39 CLC (HCD)

.... in: 18 BLT (HCD) (2010) 308. ......cting the case as not maintainable under order 7 rule 11 of the Code of Civil Procedure should not be set aside and/ or pass such other or further order or orders as to this Court may seem fit and proper. 2. Facts relevant for disposal of the Rule, are that, the opposite parties No.1 to 7 ..

Category: Procedural Law | Date: 14 Jul, 2010 | Hits: 3

ATM Salim Chowdhury Vs. State, 2010, 39 CLC (HCD)

....tioner Vs. The State.................................................Opposite party Judgment July 13, 2010. Cases Referred To- Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 60 DLR (AD) (2008) 195; Shamsul Alam Vs. State, 60 DLR (2008) 677. Lawyers Involve......the Negotiable Instrument Act, 1881, now pending in the Court of Sessions Judge, Sylhet, should not be quashed and/or such other or further order or orders be passed as to this Court may seem fit and proper. 2. The short facts leading to filing of this application under section 561A of the Code..

Category: Banking Law | Date: 13 Jul, 2010 | Hits: 187

AL-Arafah Islami Bank Limited Vs. M/S. Nobel Enterprise, 2010, 39 CLC (HCD)

....cate - For the opposite party.   Civil Revision No.472 of 2006. Judgment Syed Md. Ziaul Karim J.- This Rule, at the instance of Judgment-debtor petitioner calls in question the legality and propriety of the Judgment and order dated 21-09-2005 passed by learned Additional District Judge...... view of the fact this is an old revision and arose out of an order, we are inclined to take it up for disposal on merit considering the materials on record. 5. In revision, it is averred that the proper forum of execution of a foreign Judgment and decree of a reciprocating territory under Sectio..

Category: Procedural Law | Date: 12 Jul, 2010 | Hits: 28