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Manager, Rupali Bank Ltd. Vs. M/S New Music Corner and another, 2011, 40 CLC (HCD)

....ppellant Vs. M/S New Music Corner and another …….......Defendants-Respondents Judgment May 18, 2011. Result The appeal is allowed.  Lawyers Involved: Md. Rezaul Haque, Advocate-For the Plaintiff-Appellant. Md. Haroon-Ar-Rashid, Advocate-For the ......t record. Send down the lower Court records along with a copy of this judgment immediately to the Court concerned. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ...... denied the suggestion that if the shop and godown were kept open the defendant would not have incurred any loss and the bank would not have filed any Suit for realization of money. D.W.1 Md. Tariqul Islam in his deposition stated that up to 09.4.1989 he deposited Tk.8, 11,500/ and, thereafter, he d...... (Civil Appellate Jurisdiction) Present: Faruque Ahmed J Obaidul Hassan J Manager, Rupali Bank Ltd..........................Plaintiff-Appellant Vs. M/S New Music Corner and another …….......Defendants-Respondents Judgment May 18, 2011. Result T..

Category: Banking Law | Date: 18 May, 2011 | Hits: 209

S.M. Humayun Kabir Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....Referred to- Jagdish Chandra Vs. Commissioner of Transport, (1982)1 Serv L.J 422(HP); Raj Kumar Vs. Union of India reported in AIR 1969 (SC) 180; Secretary, Ministry of Finance and Others Vs. Md. Abdur Rashid and others, 12 BLC (AD) 13; 12 BLC (AD) 142. Lawyers Involved Akhtar Ima...... have been passed without lawful authority and hence, is of no legal effect. There will be no order as to costs. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ...... have been passed without lawful authority and hence, is of no legal effect. There will be no order as to costs. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ......High Court Division (Special Original Jurisdiction) Present: Farah Mahbub J Farid Ahmed J S.M. Humayun Kabir............................Petitioner Vs. Bangladesh and others…...........………….Respondents Judgment May 15, 2011. Result: ..

Category: Employment/Service Law | Date: 15 May, 2011 | Hits: 22

Tofail Ahmed Vs. State, 2010, 39 CLC (HCD)

....icate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 363. ......cerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 363. ......d and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts leading to the issuance of this Rule, in brief, is that on 17-06-2002 one Kazi Samsul Islam, Inspector (Task Force-1) Bureau of Anti-Corruption, Bangladesh, Dhaka had lodged a First Info......f Hossain Humayun, Senior Advocate with Awsafur Rahman, Advocate - For the Petitioner. SK Zahid Sarwar, Deputy Attorney General with Md. Aminur Rahman Chowdhury (Tiku) Assistant Attorney General and Monzu Naznin (Rosy), Assistant Attorney General - For the State. Khurshid Alam Khan, advoca..

Category: Anti-Corruption Laws | Date: 15 May, 2011 | Hits: 211

Government of Bangladesh and Others Vs. Md. Gias Uddin Chowdhury and Others, 2011, 40 CLC (AD)

....n both the appeals. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 1, 17 BLC (AD) (2012) 14, VIII ADC (2011) 879. ...... any order as to costs with the above observations. This judgment would govern both the appeals. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 1, 17 BLC (AD) (2012) 14, VIII ADC (2011) 879. ......CC 596; M.I Builders PVt. Ltd. Vs. Radhey Shyan Sahu, AIR 1999 S.C. 2468; Heydon case, (1584) 3 Co Rep 7a: 76 ER 637. Lawyers Involved: A.F. Hassan Ariff, Senior Advocate, instructed by Md. Zahirul Islam, Advocate-on-Record- For the Appellants (In Civil Appeal No. 88 of 2010). Murad Reza, Additio......ppellate Division (Civil) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Government of Bangladesh and Others……………..Appellants (In Civil Appeal No. 88 of 2010) The Chairman, Rajdhani ..

Category: Property Law | Date: 15 May, 2011 | Hits: 100

Md. Abul Hashem Vs. State, 2011, 40 CLC (HCD)

....gree. Ed. This Case is also Reported in: 16 BLC (2011) 699, 31 BLD (HCD) (2011) 427. ......nted with any other case. Send down the lower Court records at once. Md. Rezaul Hasan J.- I agree. Ed. This Case is also Reported in: 16 BLC (2011) 699, 31 BLD (HCD) (2011) 427. ...... same. In cross examination he stated that the victim did not tell about her age. She did not ascertain the truth about the occurrence but she just recorded her statement. 28. P.W.12 Md. Rafiqul Islam, S.I. of Police. He was P.S.I. at the relevant time in the Keranigonj Police station. He was e......lip;…………....For the Opposite party Judgment May 15, 2011. Result: The rule is made absolute. Cases Referred To- Ali Akkas Vs. Enayet Hossain and others, 17 BLD (AD) 44; Mofazzal Hossain Mollah and others Vs. The State, 45 DLR (AD) 175; Abdul..

Category: Women and Children | Date: 15 May, 2011 | Hits: 95

Mohammad Tayeeb and another Vs. Government of the People’s Republic of Bangladesh (Fatwa Judgment), 2011, 40 CLC (AD)

....bsp;                 ......2; Dr. Mohiuddin Farooq Vs. Bangladesh, represented by the Secretary, Ministry of Irrigation, Water Resources and Flood Control and others, (1997) 49 DLR (AD) 01. Lawyers Involved: Muhammad Nazrul Islam, Senior Advocate (with Md. Ahsanullah Chowdhury, Advocate), instructed by Md. Nawab Ali......Mohiuddin Farooq Vs. Bangladesh, represented by the Secretary, Ministry of Irrigation, Water Resources and Flood Control and others, (1997) 49 DLR (AD) 01. Lawyers Involved: Muhammad Nazrul Islam, Senior Advocate (with Md. Ahsanullah Chowdhury, Advocate), instructed by Md. Nawab Ali, Advoc......p;………Appellant (In Civil Appeal No.594 of 2001) Vs. Government of the People’s Republic of Bangladesh, represented by the Secretary, Ministry of Religious Affairs and others…………………..Respondents (In both the appeals..

Category: Civil Law | Date: 12 May, 2011 | Hits: 34

Shahnaj Begum Munni Vs. State and another, 2011, 40 CLC (HCD)

....ourt below. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 357....... below. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 357....... transmitted to the Court below. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 357....... High Court Division (Criminal Miscellaneous Jurisdiction) Present: Moyeenul Islam Chowdhury J Md. Nazrul Islam Talukder J Shahnaj Begum Munni..........Petitioner Vs. The State and another .....................Opposite parties Judgment May 12, 2011. Result: The Rul..

Category: Banking Law | Date: 12 May, 2011 | Hits: 251

Obaidul Kader (Md.) Vs. State, 2011, 40 CLC (HCD)

....icate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 425. ....... The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 425. ......a should not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts leading to the issuance of this rule are that, one Mr. Ashraful Islam, Assistant Director of the Anti-Corruption Commission (ACC) had lodged an FIR with Paltan Poli......ssain Humayun, Senior Advocate with Md. Khairul Alam, Advocates - For the Petitioner. SK Zahid Sarwar, Deputy Attorney General with Md. Aminur Rahman Chowdhury (Tiku), Assistant Attorney General and Monzu Nazneen (Rosy), Assistant Attorney General - For the Opposite Party No.1 (State). Md...

Category: Anti-Corruption Laws | Date: 11 May, 2011 | Hits: 223

Syed Moazzem Hossain (Md.) Vs. Tahsia Khanam and others, 2011, 40 CLC (HCD)

....This Case is also Reported in: 65 DLR (HCD) (2013) 11.     ......aside. The suit is dismissed, however without any Order as to costs. Send down the records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 11.     ...... Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 11.     ......Division (Civil Appellate Jurisdiction) Present: Shahidul Islam J Md. Rais Uddin J Syed Moazzem Hossain (Md.)..........................Appellant Vs. Tahsia Khanam and others……..........................Respondents Judgment May 8, 2011. ..

Category: Company Law, Procedural Law | Date: 8 May, 2011 | Hits: 9

Kyung Hae Maritime Co. Ltd. and others Vs. M.V. BF Glory and others, 2011, 40 CLC (HCD)

...., Byuksan Kwanghwamunsidae b/d 74 Naesu-dong, Chongno, Seoul, Korea-110-070 As Charterer M.V. BF Glory(Ex-Kunai), represented by their constituted Attorney, M/S Kabir & Associates, represented by Md. Ahsanul Kabir, Advocate, 40/A, Panchlish Residential Area, Chittagong, Bangladesh……......Pla......Admiralty Suit No. 28 of 2009). A.K.M. Fakrul Islam, Advocate-For the defendants. (In Admiralty Suit No. 19 of 2009, Admiralty Suit No. 28 of 2009 and Admiralty Suit No.27 of 2009). A.K.M. Nazrul Islam, Advocate-For the plaintiff. (In Admiralty Suit No. 27 of 2009) Admiralty Suit No......., 55 DLR (HC) 471. Lawyers Involved Kamal-ul-Alam with Giasuddin Ahmed, Advocate-For the plaintiff. (In Admiralty Suit No. 19 of 2009 and Admiralty Suit No. 28 of 2009). A.K.M. Fakrul Islam, Advocate-For the defendants. (In Admiralty Suit No. 19 of 2009, Admiralty Suit No. 28 of 2009......ted Attorney M/S Kabir & Associates, 40/A, Panchlish Residential Area, Chittagong, Bangladesh……...Plaintiff Vs. 1. M.V. BF Glory (Ex-kunai), A vessel now berth at CUFL, Jetty, P.S.-Bandar, Chittagong, Represented by their local agent defendant No.5 M/S. Mariners Transport System Co..

Category: Admiralty Law or Maritime Law | Date: 4 May, 2011 | Hits: 70

Hossain Md. Rajib Vs. State, 2011, 40 CLC (HCD)

....bail granted earlier is affirmed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 447.......-3-2010 and allow the appeal. With this observation the appeal is allowed and the ad interim bail granted earlier is affirmed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 447.......; Habibur Rahman Chowdhury Vs. State, 3 BCR (SC) 50; Khair Fakir Vs. State, 35 DLR 167; Sree Kalyan Kumar Vs. State, 40 DLR (AD) 290; PLD 1972 (SC) 81. Lawyers Involved: Sk Muhammad Serajul Islam, Advocate - For the Accused Appellant. KM Zahid Sarwar, Deputy Attorney-General with Md. ......wyers Involved: Sk Muhammad Serajul Islam, Advocate - For the Accused Appellant. KM Zahid Sarwar, Deputy Attorney-General with Md. Aminur Rahman Chowdhury (Tiku), Assistant Attorney-General and Monzu Naznin (Rosy), Assistant Attorney-General - For the State. Criminal Appeal No. 457 o..

Category: Women and Children | Date: 2 May, 2011 | Hits: 171

M/S. Ace Traders Vs. M. V. DIJENDRALAL and Others, 2011, 40 CLC (HCD)

....  Present: AFM Abdur Rahman J       M/S. Ace Traders, Zerin Mansion 55, Motijheel Commercial Area, P. S. Motijheel, Dhaka-1000, represented by its proprietor, Md. Nurul Islam…....Plaintiff. Vs. 1. M. V. DIJENDRALAL, An Indian Flag Carrier Ship having ......ater Transport Corporation Ltd., T. T. Sheds, 6, Garden Reach road, Calcutta 700043 India, owner of the ship M. V. Dijendralal. 3. Samudrajatra Shipping Lines Ltd., WASA Bhavan (1st floor) 98 Kazi Nazrul Islam Avenue, Dhaka-1215 local agent of M. V. dijendralal, the carrier vessel and its owner t...... Present: AFM Abdur Rahman J       M/S. Ace Traders, Zerin Mansion 55, Motijheel Commercial Area, P. S. Motijheel, Dhaka-1000, represented by its proprietor, Md. Nurul Islam…....Plaintiff. Vs. 1. M. V. DIJENDRALAL, An Indian Flag Carrier Ship having its owners......or, Md. Nurul Islam…....Plaintiff. Vs. 1. M. V. DIJENDRALAL, An Indian Flag Carrier Ship having its owners address at T.T. Sheds, 6, Garden Reach Road, Calcutta 700043 India. 2. Central Inland Water Transport Corporation Ltd., T. T. Sheds, 6, Garden Reach road, Calcutta 700043 India, owne..

Category: Admiralty Law or Maritime Law | Date: 27 Apr, 2011 | Hits: 64

National Board of Revenue and others Vs. Lt. Col. Kazi Shahid Ahmed (Retd.), 2011, 40 CLC (AD)

....without any order as to cost. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 119. ...... Court Division in Writ Petition No.1953 of 1996, is set-aside and the appeal is allowed, however, without any order as to cost. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 119. ......td.)…….……………............Respondent Judgment April 26, 2011. Result: The appeal is allowed. Lawyers Involved: Mahmudul Islam, Senior Advocate, instructed by Md. Ibrahim Khalil, Advocate-on-Record-For Appel­lants. ......(Civil) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J SK Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J National Board of Revenue and others…………..............Appellants Vs. Lt. Col. Kazi Shahi..

Category: Fiscal/Taxation Law | Date: 26 Apr, 2011 | Hits: 217

A. M. Anwarul Haque Vs. State, 2011, 40 CLC (HCD)

....his judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in:   ......side. The appellant is released from his bail bond. Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in:   ......charge (indicating Mirza Monwar Hossain) was individually liable. He could not say about the source, from where they received the information of the alleged misappropriation. 10. P.W.2, Md. Aminul Islam, a District Anti-Corruption Officer and predecessor-in-office to P.W.1, stated that he had rec......General-For the respondent. Criminal Appeal No. 2797 of 2002. Judgment Md. Ruhul Quddus J. - This appeal under section 10 of the Criminal Law Amendment Act, 1958 is directed against judgment and order dated 29.8.2002 passed by the Special Judge, Sylhet in Special Case No.123 of 2001 convict..

Category: Anti-Corruption Laws | Date: 25 Apr, 2011 | Hits: 200

Padma Oil Company Limited Vs. Md. Abdus Samad and others, 2011, 40 CLC (AD)

....n is disposed of with the above observations. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 154. ......ry license/permit for supplying fuel as per prevailing rules. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 154. ......€¦â€¦â€¦.......Respondents Judgment 7 April, 2011. Result: This petition is disposed of. Lawyers Involved: Sayyid Shahid Hussain, Advocate, instructed by Md. Zahirul Islam, Advocate-on-Record-For the Petitioner. Shamem Khaled Ahmed, Advocate, instructed by Abu......ndra Kumar Sinha J Madam Justice Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Padma Oil Company Limited.............Petitioner Vs. Md. Abdus Samad and others………….......Respondents Judgment 7 April, 2011. Result: This ..

Category: Others | Date: 7 Apr, 2011 | Hits: 7

ATM Qamuzzaman Khan Vs. State and another, 2011, 40 CLC (HCD)

....ly. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 442. ......o discharged from his bail bond. Communicate this order at once and send down the lower Court's records expeditiously. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 442. ...... powers of Attorney. He also stated that he gave report in respect of the said deeds. He proved the report as Exhibit-6 series and his signature therein as Exhibit-6/Ka series. 18. ZASM Memrazul Islam, Principal Officer, Agrani Bank, RAJUK Branch as PW-6 in his examination-in-chief stated that ...... High Court Division (Criminal Appellate Jurisdiction) Present: AKM Asaduzzaman J Md. Ashraful Kamal J ATM Qamruzzaman Khan................Appellant Vs. State and another.........................Respondents Judgment March 29, 2011.   ..

Category: Criminal Law | Date: 29 Mar, 2011 | Hits: 3

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

.... the lower Court record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 460.......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.......ase is also Reported in: 63 DLR (HCD) (2011) 460.......ssistant Attorney-General - For the State. Criminal Appeal No.1439 of 2006. Judgment M Enayetur Rahim J.- Convict 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 Nirja..

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

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

....nt Abdur Rahim Bhuiyan, Deputy Attorney General with Mahfuza Begum, Assistant Attorney General—For the respondent. Income Tax Reference Application No.433 of 2009. Judgment Md. Ashfaqul Islam J. - This Reference applica­tion under section 160(1) of the Income Tax Ordin......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. ......ion 162 of the Ordinance. Ed. This Case is also Reported in: 63 DLR (2011) 676. ......;s Cirle-15/Taxes Zone-05/2008-2009. 2. Facts leading to the filing of this Reference Application, in short, are that the applicant is engaged in share trading business as a limited com­pany and a regular tax payee. Under section 53BBB of the Ordinance as a regular payee he paid tax at the ..

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

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

.... at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 543 ...... land in favour of appel­lants through court. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 543 ......t's record at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 543 ......is also Reported in: 65 DLR (HCD) (2013) 543 ..

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)

.... to appeal and hence this petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 365. ......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. ......dated 29.01.1943. 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 ......Division (Civil) Present: Md. Mozammel Hassain J Surendra Kumar Sinha J Wahhab Miah J Nazmun Ara Sultana J Syed Mahhmud Hossain J Maulana Mohammad Shamsul Huq and others........................Petitioners Vs. Abu Taher and others………………………..

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