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Nazmul Islam alias Nazu Vs. State, 2011, 40 CLC (HCD)

....ct Nazmul Islam alias Nazu has preferred this appeal against the judgment and order of conviction and sentence dated 6-3-2006 passed by the learned Judge, Nari-o-Shishu Nirjatan Daman Tribunal No.2, Chandpur, in Nari-o-Shishu Case No.85 of 2003 convicting him under section 9(1)/13 of the Nari-o-Shis......levelled against him and he be set at liberty at once, if not wanted in other case. Send down the lower Court record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 460...

Category: Women and Children | Date: 21 Mar, 2011 | Hits: 165

Uniroyal Securities Ltd. Vs. Commissioner of Taxes, 2011, 40 CLC (HCD)

....e decision of 12 MLR 48 referred to above. 7. Mr. Abdur Rahim Bhuiyan, the learned Deputy Attorney General appearing with Mrs. Mahfuza Begum, the learned Assistant Attorney General, on the other hand, by filing affidavit-in-opposition, on behalf of the respondent opposes the reference applicati......any order as to cost. The Registrar of the Supreme Court is directed to take necessary steps under section 162 of the Ordinance. Ed. This Case is also Reported in: 63 DLR (2011) 676. ..

Category: Fiscal/Taxation Law | Date: 21 Mar, 2011 | Hits: 123

GK Brothers and another Vs. Imperial Chemical Industries Bangladesh Limited, 2011, 40 CLC (HCD)

.... are setaside. The order of stay of execution of other exe­cution case No. 20 of 1985 stands vacated. The executing court is directed to execute the decree as it stands within one month including handing over possession in the suit land in favour of appel­lants through court. The office...... ii, iii and iv together for consideration and decision:— The plaintiff respondent has examined only one witness to prove his claim. We have gone through the evidence of P.W.1. It is to be noted here that the instant suit being No. 100 of 1995 is the second round legal battle between the ..

Category: Civil Law, Procedural Law | Date: 20 Mar, 2011 | Hits: 2

Maulana Mohammad Shamsul Huq and others Vs. Abu Taher and others, 2011, 40 CLC (AD)

....1.1943. Biadhan Bia by a kabala executed on 01.11.1951 and registered on 22.02.1952 sold 6 ¾ decimals of land of suit plot No.2687 along with 2¾ decimals of land of other plot to Sirajul Islam and handed over possession of the said land to him. Sirajul Islam subsequent­ly sold out the said purch......ppellate court. We, therefore, find no merit in this petition for leave to appeal and hence this petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 365. ..

Category: Property Law | Date: 20 Mar, 2011 | Hits: 84

Md. Ferajtullah Sheikh Vs. Md. Yusuf Ali and others, 2011, 40 CLC (HCD)

.... the vendor by a reconveyance deed executed before filing of the miscellaneous case, it cannot be preempted within the scope of section 96 of the State Acquisition and Tenancy Act. 7. On the other hand, Mr. SK. Forhadul Haque, the learned Advocate appearing for preemptor-opposite party No.1 submi......he result, the Rule is discharged without any order as to costs. The order of status quo passed on 6.8.2002 is vacated. Send down the lower Court records. Ed. This Case is also Reported in: ..

Category: Property Law | Date: 20 Mar, 2011 | Hits: 59

Chunnu Vs. State, 2011, 40 CLC (HCD)

....m Vs. State 6 BLC 415; AKM Ataur Rahman Vs. State 5 BLC 508; Md. Abdur Rahitn Mondol Vs. State, 29 DLR (SC) 246; Sana Ullah Vs. Crown, PLD 1954 Lahore 382= 6 DLR (WP) 90. Lawyers Involved: Khandoker Mahbub Hossain, with Md. Abdul Halim Mondal, Advocates—For the Appellant [In Criminal......icting and sentencing the Appellants. In the result, both the appeals are dismissed. Send down the lower Court record. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 127 ..

Category: Procedural Law | Date: 15 Mar, 2011 | Hits: 6

Shammi Yasmin @ Suma alias Sreemoti Rafiqa Rani and others Vs. State, 2011, 40 CLC (HCD)

....8. Mr. Md. Khorshed Alam Khan, the learned advocate appearing for the opposite party in this appeal as well as appellant on behalf of appellant-informant in Criminal Appeal 5688 of 2010, on the other hand submits that the victim is a minor girl and her father informant being the legal guardian of th...... 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: ..

Category: Women and Children | Date: 27 Feb, 2011 | Hits: 82

Executive Chairman, Bangladesh Export Processing Zones Authority (BEPZA) Vs. M/s. Abdul Mannan and anothers, 2011, 40 CLC (AD)

....ve petitions are dis­missed. Cases Referred to- Maico Jute and Bag Corporation Vs. Bangladesh Jute Mills Corporation, 8 MLR (AD) 4 = 55 DLR (AD) 23; State of UP Vs. Janki Saran Kailash Chandra, AIR 1973 SC 2071; Popular Biscuit Limited Vs. Beximco Bremer Export Cantor Brand, 4 ADC (200......e work would be communi­cated later on. However, time schedule for completion of work was verbally extended to 26-9-2001. In the measurement book (MB) maintained by the plaintiff-respondent it is noted that the plaintiff completed the original work as per tender schedule before 27-8-2001 and he ..

Category: Civil Law | Date: 23 Feb, 2011 | Hits: 10

Mohammad Ali Vs. Bangaldesh Bank and others, 2011, 40 CLC (HCD)

....filed on 26.2.2005 and has been continuing till today beyond the time prescribed in the special law and as such the proceedings in the execution case is without lawful authority. 7. On the other hand Mr. Md. Mozibur Rahman Miah, the learned Advocate appearing for the respondent-bank opposes the......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

Sanjoy Roy Vs. Bangladesh and others, 2011, 40 CLC (HCD)

.... Branch Manager of respondent- bank, Md. Nuruzzaman as P.W.2 admitted that the petitioner had paid the entire loan and the bank issued him a clearance certificate to that effect. 5. On the other hand Mr. Khurshid Alam Sarker, the learned Advocate appearing for the respondent-bank opposes the Ru......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

Jamiul Hossain Vs. Government of Bangladesh & Others, 2011, 40 CLC (HCD)

....28 of Mouja-Joar Sahra, JL No.271 under former police station -Tejgaon now under police station -Budda, Dhaka belonged to one Joy Durga Das who died leaving behind his daughter's son, namely, Krisna Chandra Debnath to inherit his all properties. While owing and possessing the said properties, Krisna......any question of possession afresh in any civil Court having jurisdiction, since the matter has already been decided by the Appellate Division of the Supreme Court of Bangladesh. It is important to note that High Court Division cannot decide the disputed question of title to the suit land; rather ..

Category: Constitutional Law | Date: 15 Feb, 2011 | Hits: 176

Bangladesh National Women Lawyers Association Vs. Cabinet Secretary, Bangladesh Secretariat, Dhaka and others, 2011, 40 CLC (HCD)

.....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 floor and inserted the handle of a hot cooking utensil (stirrer/paddle) (গরম খুন্তি) into the back passag......iderations and exploitation of child domestic workers in Bangladesh carried out by Matthew Farrell, J.D. 2011 of Cornell Law School, USA comments as follows: “Many scholars and social scientists note that “parents who send their children to work do not do so out of sloth and meanness, but to ..

Category: Women and Children | Date: 15 Feb, 2011 | Hits: 265

Mohammad Abdus Sabur Vs. Agrani Bank, 2011, 40 CLC (HCD)

....ttempt for sale of the mortgaged property through auction and as such the impugned order issuing warrant of arrest against the petitioner is illegal and without lawful authority. 6. On the other hand Mr. Md. Shafiquel Islam Siddique, learned Advocate appearing for the respondent-bank opposes th...... of issuing the Rule is vacated. Let a copy of the judgment be communicated to the concerned executing Court. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..

Category: Banking Law | Date: 10 Feb, 2011 | Hits: 192

Promoda Sundari Sen Kalyan Trust Vs. Momtaz Zafar Ahmed and Others, 2011, 40 CLC (HCD)

....in Case No. 638 of 2004. 10. Mr. Abdul Quayum, the learned Advocate further submits that the plaintiff-petitioner is in exclusive physical possession over the suit land and admittedly he did not hand over delivery of possession in favour of the defendant-opposite party Nos.1-3 and, as such, bot......rder as to cost Let a copy of the Judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 53     ..

Category: Banking Law | Date: 9 Feb, 2011 | Hits: 2

Sohrab Hossain (Md.) & others Vs. State & another, 2011, 40 CLC (HCD)

....ing but an abuse of the process of the Court and, as such, the same is liable to be quashed. 5. Mr. Md. Sohrowardi, learned Deputy Attorney-General appearing on behalf of the State, on the other hand, submitted that another person as mentioned in section 138 of the Act indicates other than the ......way, in other words, the expression "to another person" cannot be read in isolation and has to be understood in the context of the other expressions used in subjection (1) of the section as noted above. 8. Banker has been defined in clause (b) of section 3 of the Act as under:— ..

Category: Others | Date: 3 Feb, 2011 | Hits: 4

Aslam Khan Vs. Artha Rin Adalat, Moulvibazar and another, 2011, 40 CLC (HCD)

.... to file an application afresh for exemption of interest and to dispose of the same on merit, beyond the time prescribed in circular dated 24.3.2010, to meet the ends of justice. 6. On the other hand Mr. Mohammad Ali, the learned Advocate appearing for the respondent-bank submits that the execu...... to the Manager, Sonali Bank Ltd., Bhairabganj Bazar Branch, Moulvibazar and also to the concerned executing Court. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..

Category: Banking Law | Date: 2 Feb, 2011 | Hits: 217

Md. Nasurullah alias Nasu Vs. Artha Rin Adalat No. 4, Dhaka and others, 2011, 40 CLC (HCD)

....n judgment, which it cannot do. In support, the learned Advocate cited the case of Khorshed Alam Vs. Sub Ordinate Judge, Artha Rin Adalat No.1 and others, reported in 54 DLR 239. 6. On the other hand, Mr. Joynul Abedin, the learned Advocate appearing for added respondent Nos. 5-7, submits that ......perty. Lat a copy of the judgment be communicated to the concerned executing Court for future guidance as well. Nazmun Ara Sultana J.- I agree Ed. This Case is also Reported in: ..

Category: Banking Law | Date: 2 Feb, 2011 | Hits: 175

Kanin (India)(P) Ltd. Vs. Registrar of Trade Marks, Dhaka and another, 2011, 40 CLC (HCD)

....e further submits that the impugned order accepting the opposition case would prejudice the appellant’s right and interest over the trade mark in future litigation, if any. 5. On the other hand, Mr. Muhammad Ohiullah, the learned Advocate appearing for respondent No.2 (M/S Kangaroo Indust......y a letter as contained in Memo No.T.M/Oppo/Mamla/471/06 (2) dated 22.5.2006 to the learned Advocate for the applicant (see pages 25-26 of the paper book). 10. It further appears from the office note that the memo of appeal was presented on 24.5.2006 before the High Court Division i.e within fo..

Category: Intellectual Property Law | Date: 30 Jan, 2011 | Hits: 183

Mirza Ahsan Habib Vs. The Judge, Artha Rin Adalat and another, 2011, 40 CLC (HCD)

....f special limitation and, as such, it is liable , to be rejected. The warrant of arrest issued against the petitioner, in an illegal execution proceeding, is also illegal.   6. On the other hand, Mr. Md. Mozibur Rahman Mian, the learned Advocate for the   respondent-bank submits ......er section 33(5) of the Ain will, however, remain with the bank and may also be disposed of in accordance with law. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 579.   ..

Category: Banking Law | Date: 29 Jan, 2011 | Hits: 2

Mosharraf Hossain (Md.) and others Vs. Akhtar Hossain, 2011, 40 CLC (HCD)

....applicable on the facts of the case instant case, as such the impugned judgment and decree require interference. 6. Mr. Abdul Quayum, learned Advocate, appearing for the respondent, on the other hand, submits that, entire case having relied on oral gift and also that the letter as has been sent......e suit No.308 of 2009 expeditiously in accordance with law. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 218...

Category: Property Law | Date: 27 Jan, 2011 | Hits: 95