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Category: Banking Law | Date: | Hits: 108
Anwar Karim and others Vs. Bangladesh Bank and others, 1999, 28 CLC (HCD)
....ed loan as on 31-12-89 was brought forward with interest on 31-12-94 and, as such, the petitioner Nos.1 and 2 cannot be held liable for borrowing the amount and non-payment of the same within the due date. It appears from other materials on record that as soon as petitioner Nos.1 and 2 became direct......on to classify a director who was not instrumental in taking the loan and responsible for mismanagement of the affairs of the company to classify him as the defaulting borrower. 9. We have already noticed that the petitioner Nos.1 and 2 could not participate in the management of the borrower comp......m and Afzal Karim as well as Focus Fashion Limited, calling upon the respondent Nos.1-3 to show cause as to why inclusion of the names of the petitioner Nos.1 and 2 as defaulters in the CIB (Credit Information Bureau) report of Bangladesh Bank for the liability of the respondent No.5, Jaba Textile M..Category: Banking Law | Date: | Hits: 121
Oram Limited Vs. Commissioner of Customs Excise and VAT Commissionerate, Dhaka, 2000, 29 CLC (HCD)
....Petition No. 4891 of 2000. Judgment Md. Abdul Wahhab Miah J.- This Rule Nisi was issued calling upon the respondent to show cause as to why the impugned decisions and demand contained in letter dated 7-7-97 and 14-7-1997 (Annexures-C and C-1) and also in letter dated 11- 4-2000 (Annexure-H) sh......toon(600 pieces) and Cock brand mosquito Coil is Taka 640.00 per cartoon (600 pieces) and those coils are similar in nature and quality with the petitioner’s product. Thereafter the respondent gave notice to the petitioner company and after hearing the new price was fixed. The petitioner was given...... business of Manufacturing Mosquito Coil under the contracts of manufacture signed between the petitioner and the brand owners of the products namely Reckitt and Colman Bangladesh Limited, as well as for itself. The petitioner is also registered as manufacturer under the relevant provision of the Va..Category: Fiscal/Taxation Law | Date: | Hits: 91
Category: Procedural Law | Date: | Hits: 88
Abdur Rahman and others Vs. Md Shamsul Huq and others, 2000, 29 CLC (HCD)
....For the Opposite Parties. Civil Revision No. 2271 of 2000. Judgment Bijan Kumar Das J.- This Rule was issued calling upon the opposite party No.1 to show cause as to why the impugned order dated 4-5-2000 passed by the District Judge, Mymensingh in Miscellaneous Case No.13 of 2000 should n......ept on emergent ground. The office is directed to send a copy of the order at once to the Court of the learned District Judge, Mymensingh. Ed. This Case is also Reported in: 53 DLR (2001) 364....... 2. The opposite party No.1 as plaintiff instituted Title Suit No.136 of 1999 in the Court of the Senior Assistant Judge impleading the petitioners and opposite parties No.2-31 as defendants praying for a decree for permanent injunction restraining the defendants from dispossessing the plaintiff or..Category: Procedural Law | Date: | Hits: 86
Meghna Petroleum Marketing Co. Ltd. and others Vs. MF Limited and others, 2001, 30 CLC (HCD)
....Respondents. Appeal From Original Decree (FA) No. 203 of 1993. Judgment NK Chakravartty J. - This appeal at instance of the defendants-appellants is directed against the judgment and decree dated 8-10-1992 and 5-11-1992 respectively passed by the learned Subordinate Judge, Third Court, Dha......M Mustafa, Managing Director of plaintiff No.1 company and proprietor of plaintiffs Nos.2-3 farms and the constituted attorney of ATM Mushaffar and filed series of documents such as (letter’s legal notices and statements of accounts with original records) marked (Exhibit 1 to 33) (a). 11. So on...... Third Court of Subordinate Judge, Dhaka against the defendant appellants the Meghna Petroleum Marketing Company Limited having its Head office at Ispahani Building, 14-15 Motijheel, Dhaka and others for a decree of accounting how much petroleum were imported by them within Khulna Pourashava during ..Category: Fiscal/Taxation Law | Date: | Hits: 91
Md. Mansur Rahman Vs. Abdul Mannan Sardar and others, 2009, 38 CLC (AD)
....etitioner. Mrs. Sufia Khatun, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-3. Civil Petition for Leave to Appeal No.240 of 2009. (From the judgment and order dated 26.11.2008 passed by the High Court Division in Writ Petition No.10220 of 2007.) Judgment ......e decree, the decree holder bank filed Execution Case No. 142 of 2000 and complying with the provisions of the Artha Rin Adalat Ain, 2003, and under direction of the Executing Court an auction-sale notice for sale of the mortgaged property was published in two daily newspapers and the judgment deb......rs Involved: Chowdhury Md. Zahangir, Advocate-on-Record-For the Petitioner. Mrs. Sufia Khatun, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-3. Civil Petition for Leave to Appeal No.240 of 2009. (From the judgment and order dated 26.11.2008 passed by the H..Category: Civil Law | Date: | Hits: 79
Abdur Rashid alias Abdur Rasheed Vs. Judge, Artha Rin Adalat No.1, Chittagong, 2009, 38 CLC (AD)
....cate instructed by Syed M. Rahman, Advocate-on-Record-For Respondent No. 2. Not represented-Respondent No. 1. Civil Petition for Leave to Appeal No. 831 of 2009. (From the judgment and order dated 28.01.2009 passed by the High Court Division in Writ Petition No. 5765 of 2004.) Judgment ......Rin Execution Case No. 196 of 2003 under Section 34 of the Ain with a prayer for warrant of arrest for civil jail against judgment debtor No. 2 allegedly for not appearing in the court despite having notice of the execution case. 7. The Artha Rin Adalat allowed the application of the decree hol......Islam, Advocate-on-Record-For the Petitioner. Mamunur Rashid, Advocate instructed by Syed M. Rahman, Advocate-on-Record-For Respondent No. 2. Not represented-Respondent No. 1. Civil Petition for Leave to Appeal No. 831 of 2009. (From the judgment and order dated 28.01.2009 passed by the ..Category: Civil Law | Date: | Hits: 77
Md. Alimuddin and others Vs. Alhaj Md. Abu Daud, 2010, 39 CLC (AD)
.... Involved: A. S. M. Khalekuzzaman, Advocate-on-Record-For the Petitioners. Not represented-the Respondent. Civil Petition for Leave to Appeal No.2085 of 2009. (From the judgment and order dated 16.04.2009 passed by the High Court Division in Civil Revision No.4896 of 2007.) Judgment ......e plaintiffs land was with Ramzan Ali. After, the death of plaintiff’s father plaintiff came to suit land and constructed some shops and has been living there since 1990. The plaintiff gave a legal notice to his elder brother on 30.01.1998 and for this Ramzan Ali gave possession to plaintiff on 3 ......….........Respondent Judgment January 10, 2010. Lawyers Involved: A. S. M. Khalekuzzaman, Advocate-on-Record-For the Petitioners. Not represented-the Respondent. Civil Petition for Leave to Appeal No.2085 of 2009. (From the judgment and order dated 16.04.2009 passed by the ..Category: Property Law | Date: | Hits: 36
Md. Helal Uddin and others Vs. M. A. Jakir and another, 2010, 39 CLC (AD)
....ed by A.K.M. Shahidul Huq, Advocate-on-Record-For Respondent Nos.1-2. Not represented- Respondent Nos. 3-9. Civil Petition for Leave to Appeal No. 1620 of 2009. (From the judgment and order dated 4.6.2009 passed by the High Court Division in Civil Revision No.5031 of 2006.) Judgment ......rt Division erred in law in maintaining the judgments of the Courts below allowing pre-emption. He further submitted that in a pre-emption proceeding there is no scope to examine whether or not the notices of the mutation proceeding were served upon the co-sharers and as such, the learned Single J......d-For the Petitioners. A. K. Badrul Huq, Senior Advocate, instructed by A.K.M. Shahidul Huq, Advocate-on-Record-For Respondent Nos.1-2. Not represented- Respondent Nos. 3-9. Civil Petition for Leave to Appeal No. 1620 of 2009. (From the judgment and order dated 4.6.2009 passed by the H..Category: Property Law | Date: | Hits: 22
Md. Ahia Vs. Md. Azimuddin and others, 2010, 39 CLC (AD)
....Bhuiya, Advocate-on-Record-For the Petitioner. A. K. M. Shahidul Huq, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 325 of 2009. (From the judgment and order dated 15.04.2008 passed by the High Court Division in Civil Revision No.477 of 2006.) Judgment ......ntiff and also handed over the major portion of the suit land. Thereafter the defendants did not execute the sale deed in time in spite of repeated requests and as such the plaintiff served a legal notice through regd. post on 13.05.1999 requesting them to execute the sale deed within 30.05.1999 b......olved: Asad Hossain Chowdhury, Advocate instructed by Nurul Islam Bhuiya, Advocate-on-Record-For the Petitioner. A. K. M. Shahidul Huq, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 325 of 2009. (From the judgment and order dated 15.04.2008 passed by the ..Category: Property Law | Date: | Hits: 25
Md. Mafiz and others Vs. Bangladesh, 2010, 39 CLC (AD)
....nstructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 54 of 2009. (From the judgment and order dated the 16th day of June, 2008 passed by the High Court Division in Civil Revision No.2102 of 1995......the shops and that having been persuaded by some interested fellows the defendant No. 3 on behalf of defendant No. 1 illegally initiated several miscellaneous case against the plaintiffs and served notice on 11.03.1989 and directed them to vacate their shops by 18.03.1989 and that the shops have b......7, 2010. Lawyers Involved: A. K. Badrul Huq, Senior Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 54 of 2009. (From the judgment and order dated the 16th day of June, 2008..Category: Property Law | Date: | Hits: 31
Alekjan Bewa and others Vs. Arefa Bewa and others, 2009, 38 CLC (AD)
....ers Involved: Md. Mazibar Rahman, Advocate-on-record-For the Petitioner. Not represented- the respondent. Civil Petition for Leave to Appeal No. 1344 of 2009. (From the Judgment and order dated 23rd March, 2009 of a Single Bench of the High Court Division in Civil Revision No.2967 of 200......ntiffs-petitioners argued that the learned Single Judge of the High Court Division erred in law in directing the trial Court to allot saham in favour of the heirs of defendant No.20 in failing to notice that they are not legally entitled to any saham in the suit lands. It is further contended th......…….........Respondents Judgment December 14, 2009. Lawyers Involved: Md. Mazibar Rahman, Advocate-on-record-For the Petitioner. Not represented- the respondent. Civil Petition for Leave to Appeal No. 1344 of 2009. (From the Judgment and order dated 23rd March, 2009 of a Si..Category: Property Law | Date: | Hits: 23
Joynal Abedin Vs. Ali Azam Saibal and others, 2010, 39 CLC (AD)
.... Lawyers Involved: Zainul Abedin, Advocate-on-Record-For the Petitioner. Not represented-the respondents. Civil Petition for Leave to Appeal No.735 of 2009. (From the Judgment and Order dated 26th January, 2009 passed by the High Court Division in Civil Revision No.2707 of 2000) Jud...... 4. Learned counsel appearing for the petitioner contended that the learned Judge of the High Court Division erred in law in interfering with the judgment of the High Court Division in failing to notice that the plaintiffs failed to prove the deed in question as forged one by comparing the thu......thers………………Respondents Judgment January 7, 2010. Lawyers Involved: Zainul Abedin, Advocate-on-Record-For the Petitioner. Not represented-the respondents. Civil Petition for Leave to Appeal No.735 of 2009. (From the Judgment and Order dated 26th January, 2009 passed ..Category: Property Law | Date: | Hits: 21
Government of Bangladesh Vs. Md. Atiar Rahman Khan and others, 2010, 39 CLC (AD)
.... Advocate, instructed by Md. Nurul Islam Bhuiyan-For Respondent No.1. Not Represented- Respondent Nos. 2-4. Civil Petition for Leave to Appeal No. 2042 of 2009. (From the judgment and order dated 12.5.2008 passed by the High Court Division in Civil Revision No.1974 of 2003.) Order S......that the learned Single Bench of the High Court Division erred ii law in interfering with the judgment and order of the Court of appeal below am maintaining the order of the trial court in failing to notice that a plaint can not be rejected on the plea of res judicata which being a mixed question fa......sain, Advocate-on-Record- For the Petitioner. Abul Kalam Moinuddin, Advocate, instructed by Md. Nurul Islam Bhuiyan-For Respondent No.1. Not Represented- Respondent Nos. 2-4. Civil Petition for Leave to Appeal No. 2042 of 2009. (From the judgment and order dated 12.5.2008 passed by the ..Category: Limitation Law | Date: | Hits: 149
Surujit Bose (Raju) Vs. Bangladesh and others, 2010, 39 CLC (AD)
....ed by Nurul Islam Bhuiyan, Advocate-on-Record-For Respondent No.1. Not represented- Respondent Nos. 2-10. Civil Petition for Leave to Appeal No. 2087 of 2007. (From the judgment and order dated the 2nd day of August, 2009 passed by the High Court Division in Writ Petition No.3418 of 2008......16 storied building in C.S. Plot No.94 and 95(part) and 65 by suppression of facts and when he started construction in C.S. Plot No.65 then it was brought to the knowledge of RAJUK and RAJUK issued a notice upon the writ-respondent No.7 to show cause as to whey the approved plan should not be cancel......te-on-Record-For the Petitioners. Md. Nurul Amin, Advocate instructed by Nurul Islam Bhuiyan, Advocate-on-Record-For Respondent No.1. Not represented- Respondent Nos. 2-10. Civil Petition for Leave to Appeal No. 2087 of 2007. (From the judgment and order dated the 2nd day of August, 2..Category: Property Law | Date: | Hits: 23
Azizur Rahman Khan and others Vs. Md. Aynul Miah and others, 2010, 39 CLC (AD)
....tioners A.K.M. Shahidul Huq, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-3. Civil Petition for Leave to Appeal No.1521 of 2009. (From the Judgment and order dated 28.05.2009 passed by the High Court Division in Civil Revision No. 5650 of 2007) Order ......dated 08.11.1988 which is apparently in negation of the rights of his principals as the real owners of the properties, as opposed to his right as their mere attorney. 12. These facts escaped the notice of the High Court Division and also the Courts below. 13. Under the circumstances, leave i......e, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioners A.K.M. Shahidul Huq, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-3. Civil Petition for Leave to Appeal No.1521 of 2009. (From the Judgment and order dated 28.05.2009 passed by the ..Category: Property Law | Date: | Hits: 21
Faustina Pereira Vs. State, 2001, 30 CLC (HCD)
....ernational Organisation for Migration who also appeared before us and informed us about the activities of the Organisation after this Rule was issued. 3. We have received the Memo bearing No. 4288 dated 7-5-2001 from Md. Jahangir, Senior Jail Superintendent, Central Jail, Dhaka. This memo contain......he middle of 1995. Some in 1996 and others in 1999. So, we find that some of the prisoners are in jail for a long time even after serving out their sentence. This pitiable fact was not brought to the notice of this court earlier by any authority and as such, no action could be taken. Even it was not......………….Petitioner Vs. State……………………………………Opposite Parties. Judgement May 22, 2001. Lawyers Involved: Nizamul Haque with Faustina Pereira Advocates- for the Petitioner. M Faruque, Assistant Attorney General with Md. Fazlul Haque Choudhury, Assist..Category: Constitutional Law | Date: | Hits: 123
Md. Abid Khan and others Vs. Government of Bangladesh and others, 2003, 32 CLC (HCD)
....n opposition to controvert the claims of the petitioners. Mr. Zaman Akhter did not make any submission though simply opposed the Rule. 9. On scrutiny of the writ petition, we find that in terms of dated of birth, the petitioners fall into two categories. Petitioner No. 1 and 2 were born in Dhaka ......learned Assistant Attorney General could not say anything except that it was set up by the International Committee of Red Cross. But we consider it an appropriate case for this court to take judicial notice (section 57 of the Evidence Act, 1872) if the fact of liberation struggle of Bangladesh and s......rs under the laws of Bangladeshi. But in the electoral rolls prepared and published on 27.5.2001 by Election Commission, there were not included. So they submitted separate applications in prescribed forms for enrollment as voters. They also personally approached respondents Nos.2 and 4 who verbally..Category: Election Law | Date: | Hits: 94
Category: Constitutional Law | Date: | Hits: 117