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

....Artha Rin Adalat Ain, 2003 and, as such, the Adalat acted without jurisdiction in allowing the same. 7. Ms. Hosne Ara Begum, the learned advo­cate appearing for the Sonali Bank, on the other hand, submits that no summons of the suit having been issued or served upon the Sonali Bank, this sh......atement to the effect that it may be allowed under section 5 and 14 of the Limitation Act, but we do not find any finding/observation in this regard in the impugned order, although it is pertinent to note that applicability of section 5 of the Limitation Act has been excluded by section-29(2)(b) of ..

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

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

....nce on record, law and materials on record. ...................(20) Cases Referred to- Noorjahan Begum Vs. Mahmudur Rahman Mullick and others, 34 DLR (AD) 61; Santosh Kumar Dey Vs. Hiron Chandra, 15 BLD 221; Nur Mohammad Khan and others Vs. Government of the People's Republic of Banglad......he time of issuance of the Rule is hereby recalled and vacated. Send down the lower Courts' records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 315. ..

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

Rehana Begum and another Vs. State, 2010, 39 CLC (HCD)

....R 1474; PLD 1994 (SC) 87; Karam Ali Vs. The state, 54 DLR (2000) 378; Abdur Rahman Vs. State, 8 BLT (HCD) (2000) 128; State Vs. Jahidul Islam, 14 MLR (AD) 2009; 2009 Cr.L.J. 788 (SC) A; Sharad Birdhichand Sarda Vs. State of Maharashtra, (1984) 4 SCC 116: 1984 SCC (Cri) 487; Ratan Singh Vs. State of ......s parent (Jalil Mollah and his wife). She gave description of the place of occurrence. She also stated that when Asma came back home, after rape was committed on her, she was not in a mental state to note in detail as to who has said what. She also stated that “স্বামীর সাথে ..

Category: Women and Children | Date: 1 Aug, 2010 | Hits: 227

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

....mple question of law and thereby most illegally decreed the suit in favour of the plaintiff and as such the impugned judgments of 2 (two) Courts below are liable to be set-aside. 9. On the other hand, Mr. Jamal Uddin Ahmed, the learned Advocate appearing for the plaintiff-opposite party support......ntiff opposite party's suit is dismissed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 420. ..

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)

....r on 6.7.2002 as additional responsibility. Subsequently, a regular appointee having been appointed on 27.4.04 the petitioner was released from the said post, but with malafide intention he did not hand over the charge. That the said issue was also discussed in different meetings of the Managemen......োন কারন না দর্শাইয়াই” as such show cause notice need not be given for terminating the service of the petitioner. 14. In this connection it is pertinent to note that the petitioner has been paid his termination benefit which was deposited in his bank acco..

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

Mohi Ahmed Chowdhury Vs. Kashipur Tea Estate Company Limited and others, 2010, 39 CLC (HCD)

.... decree drawn up it is not within the ambit of this Court of readmit the appeal on an application under Order XLI Rule 19 of the Code of Civil Procedure as it reached its finality. In the case in our hand it appears that decree has already been drawn long before. Section 2(2) of the Code define decr......p;……………………………..(3) A decree which was drawn up on 24-03-2009 and an application was filed, as it appears from office note that after 460 days. On perusal of the application for re-admission of the appeal, this long de..

Category: Procedural Law | Date: 18 Jul, 2010 | Hits: 140

Ziaur Rahman (Md.) Vs. Artha Rin Adalat & others, 2010, 39 CLC (HCD)

....contended that since in this case no order for Civil imprisonment of the Judgment-debtors was passed the impugned orders issuing warrant of arrest against them have been illegal. 7. On the other hand, the learned Advocate for the respondent bank has mainly argued that this writ petition is not ......law and in the light of observations made above. The order of stay granted at the time of issuance of rule stands vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 189. ..

Category: Civil Law | Date: 14 Jul, 2010 | Hits: 48

Monir Hossain (Md.) and anothers Vs. Bangladesh and others, 2010, 39 CLC (AD)

....date for any posts do not acquire any right to the said posts………..(12) Cases Referred To- Shankarasan Vs. Union of India, (1991) 3 SCC 47; State of Haryana Vs. Subhash Chandra Marwala, (1974) 3 SCC 220; Neelima Shangla Vs. State of Haryana, (1986) 4 SCC 268; Jatendra K...... of the candidates, as reflected at the recruitment test, and no discrimination can be permitted. This correct position has been consistently followed by this Court, and we do not find any discordant note in the decisions in State of Haryana Vs. Subhash Chander Marwaha, Neelima Shangla Vs. State of ..

Category: Employment/Service Law | Date: 11 Jul, 2010 | Hits: 104

Bangladesh Legal Aid and Services Trust and Others Vs. Government of Bangladesh and Others, 2010, 39 CLC (HCD)

.... Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 61; 63 DLR (2011) 1.......l law. e) The Human Rights Committee in its General Comment No.7 has stressed that the prohibition on torture and other ill-treatment, "must extend to corporal punishment.” It is important to note that the Courts of Bangladesh will not enforce those Covenants as treaties and conventions, eve..

Category: Women and Children | Date: 8 Jul, 2010 | Hits: 335

Chairman, National Board of Revenue (NBR) Vs. Advocate Zulhas Uddin Ahmed and others, 2010, 39 CLC (AD)

....ny consideration then the question relating to imposition of VAT will not arise. Moreover, the private practice of doctors having MBBS/BDS or similar medical degree is exempted from VAT; on the other hand, the private practice of the specialized doctors has been made Vatable if and when they charge ...... of the learned Assistant Attorney General appearing for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 457; 18 BLC (AD) (2013) 52. ..

Category: Health Law | Date: 8 Jul, 2010 | Hits: 376

Dhirendra Nath Mondal Vs. Agrani Bank Ltd and others, 2010, 39 CLC (HCD)

....ther statutes the learned Advocate referred to the case of Yakub Ali Vs. Arabjan Bibi, reported in 5 DLR1; the case of Fazlur Rahman Vs. Abdul Jabbar Jamader, reported in 7 DLR 49; the case of Sarat Chandra Majumder Vs. SM Ham Sundari De, reported in 10 DLR 289; the case of Syed Tarab-uddin Vs. Kali......to examine the allegations of fraud/forgery, misrepresentation in obtaining decree from Artha Rin Adalat, which renders such decree void ab-inito: 18. The word 'jurisdiction' does not connote form or manner in which the act is to be done but relates to the power, the scope, and the ambi..

Category: Civil Law | Date: 7 Jun, 2010 | Hits: 6

Roshanally Mohamed Harji and another Vs. AKM Zakir Hossain and another, 2010, 39 CLC (HCD)

....is found that the bainapatra is executable then next, a decree must be awarded for execution and registration of the same. If there be any ambiguity in executing the same, the Court then lifts its hands off to pass a decree. A contract is specifically enforceable when it is a concluded contract,......ut any order as to costs. Sent down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 85; 20 BLT (HCD) (2012) 532 . ..

Category: Property Law | Date: 12 May, 2010 | Hits: 133

Bangladesh Vs. Raj Rajashore Cakra Narayan Jiue Deity and others, 2010, 39 CLC (HCD)

....while they were in khas posses­sion with title gave pattan of the suit land to the plaintiff on 5th Jaistha, 1342 B.S. The ex-rent receiver granted an amalnama to the plaintiff and on taking rent handed over delivery of possession to the plaintiff of the suit land. The plaintiff has been in poss......er Class Suit No.398 of 1981 is hereby affirmed. Send down the lower Court records at once. Shahidul Islam J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 340. ..

Category: Evidence Law | Date: 10 May, 2010 | Hits: 161

Most. Johura Begum alias Mosammat Johara Begum Vs. Alhaj Abdur Rob Bhuiyan and others, 2010, 39 CLC (HCD)

.... illegally rejected the application for addition of party in a summery manner which resulted in the failure of justice and as such the impugned order is liable to be set-aside. 7. On the other hand, Mr. Md. Abdul Quadir Talukder, the learned Advocate appearing for the defendant-opposite par......ndant Nos.1-3 Md. Nurul Haque Sheikh is added as defendant No.5 in the suit. Let a copy of this Judgment be sent down at once. This Case is also Reported in: 17 MLR (HCD) (2012) 409. ..

Category: Procedural Law | Date: 9 May, 2010 | Hits: 4

Sarwar Hossain Moni Vs. State and another, 2010, 39 CLC (HCD)

....urrendered before the said Court on 5-5-2009 and obtained bail. That the accused-petitioner filed an application under section 265C of the Code of Criminal Procedure to discharge him from the case in hand on 5-5-2009 and another application under the same section for discharging him from the instant......ed to dispose of the case as expeditiously as possible. Let a copy of this order be communicated to the Court concerned immediately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 510...

Category: Banking Law | Date: 6 May, 2010 | Hits: 573

Abdul Qadir and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

....rder is not only illegal as well as contrary to the provisions of Order IX Rule 13 C.P.C and also perverse and cryptic in nature and as such the same is liable to be set-aside. 9. On the other hand, Mr. Arobinda Kumar Roy, the learned Assistant Attorney-General appearing for the opposite pa......ervation made above. The order of stay granted earlier by this Court stands vacated. Communicate this Judgment at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 473. ..

Category: Procedural Law | Date: 28 Apr, 2010 | Hits: 4

Amina Khatun and others Vs. State and others, 2010, 39 CLC (HCD)

....9 As per decision of the Appellate Division no property can be declared as enemy property or abandoned property after 1969. It can be relied upon the case of Government of Bangladesh Vs. Paresh Chandra Gharani, 50 DLR(AD) 70 wherein it has been held that when the Government failed to prove the ......n Title Suit No.351 of 1994 is set-aside. Title Suit No.351 of 1994 is decreed. Send down the lower Court records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 106. ..

Category: Property Law | Date: 26 Apr, 2010 | Hits: 9

Abu Borhan Khan Khokon Vs. The State & another, 2010, 39 CLC (HCD)

....oceeding of Sessions Case No. 161 of 2007 corresponding to GR case No. 15 of 2007 should be quashed. 7. Mr. Nizamul Haque Nazim, the learned Assistant Attorney General for the state on the other hand, submits that the contention of the petitioner is subject to proof and that the complainant cat...... The order of stay granted earlier shall stands vacated. Send a copy of this judgment to the Court concerned for compliance. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 300...

Category: Banking Law | Date: 25 Apr, 2010 | Hits: 177

Kazi Md. Abdul Basit Vs. State, 2010, 39 CLC (HCD)

.... GA. Monterio 1957AIR (SC) 13 (1889) ILR 26 Cal 158 (DB) AIR 1973 SC 33; P.P. Unnikrishnan Vs. Puthyottil Ahkulty AIR 2000 SC 2952; S. Kuppuswami Rao Vs. The King, AIR 1949 FC1; Swesh Kumar Bhikamchand Jain Vs. Pandey Ajay Bhushan, AIR 1998 SC 1524; P.K Pradhan Vs. State, AIR 2001 SC 2547; Abdul ......r arrived at a correct decision which does not require any interference by this Court. Accordingly, the leave petition is dismissed. This Case is also Reported in: 17 MLR (AD) (2012) 219. ..

Category: Criminal Law | Date: 13 Apr, 2010 | Hits: 119

M/S. Golden Match Works Limited Vs. Customs, Excise and VAT Appellate Tribunal, 2010, 39 CLC (HCD)

.... the Act, the appeal was deemed to have been allowed by the Tribunal. 5. By filing affidavit-in-opposition on behalf of the Respondent No.2 the learned Assistant Attorney-General on the other hand, opposes the Rule. He submits that the appeal in question was filed on 14.10.2004 before the A......er hand, opposes the Rule. He submits that the appeal in question was filed on 14.10.2004 before the Appellate Tribunal and was placed before the Chairman of the tribunal for necessary order as per note No.1 dated 24.10.2004 and the Chairman after examination of the said note sheet sent the case ..

Category: Fiscal/Taxation Law | Date: 25 Mar, 2010 | Hits: 8