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Padma Oil Company Limited Vs. Md. Abdus Samad and others, 2011, 40 CLC (AD)
....ter of indent was issued the steps alleged to have been taken by the writ-petitioner are baseless and the writ petition itself is not maintainable. 4. The High Court Division upon hearing the parties while making the rule absolute noticed that the writ petitioner's proposal was approved by ......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. ......sions from the concerned authorities required for setting up a filling station under the name "M/s. Darus Salam Filling Station" and took electricity connection and other permissions and also took loan from bank, and when he was awaiting a licence, the petitioner arbitrarily cancelled the approv..Category: Others | Date: 7 Apr, 2011 | Hits: 7
Kartic Das Gupta Vs. Election Commission of Bangladesh and others, 2011, 40 CLC (AD)
....the 4(four) Pourashava was illegal. The High Court Division also took the view that although the elections of the 4(four) Pourashavas were held because of the order of stay passed by this Court first part of the Rule did not become infructuous and then decided the question of locus standi of the pet......we find no merit in the submissions of Mr. Ahsanul Karim. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 578, 19 BLC (AD) (2014) 113. ......we find no merit in the submissions of Mr. Ahsanul Karim. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 578, 19 BLC (AD) (2014) 113. ..Category: Election Law | Date: 3 Apr, 2011 | Hits: 168
Md. Jahir Uddin and others Vs. Md. Molin Ali and others, 2011, 40 CLC (HCD)
....on) Present: Md. Ruhul Quddus J Md. Jahir Uddin and others......................................Petitioners Vs. Md. Molin Ali and others........................................Opposite parties Judgment March 31, 2011. Case Referred to- Hossain Ahmed Chowdury and others Vs.......oduce any khatian or rent receipt in their favour. On the other hand, the plaintiffs produced two R. S. Khatians in their predecessors’ names (vide exhibit-1 series) and seven rent receipts showing payment of rent against the suit land (vide exhibit-4 series); d) that there is no reference whet...... dated 23.11.2004 passed by the Assistant Judge, Gobindaganj, Gaibandha in Other Class Suit No.8 of 1997 is maintained. Send down the lower Court records. Ed. This Case is also Reported in: ..Category: Property Law | Date: 31 Mar, 2011 | Hits: 68
ATM Qamuzzaman Khan Vs. State and another, 2011, 40 CLC (HCD)
....iability and not a criminal liability. Because such a loss can be considered to have been caused in all possibilities due to misjudgment or lack of due care short of criminal intent and motive on the part of the person or persons who took the decision........................(39) Lawyers Involve......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. ......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. ..Category: Criminal Law | Date: 29 Mar, 2011 | Hits: 3
Md. Zaved Khan Vs. Anti Corruption Commission and others, 2011, 40 CLC (HCD)
....or the Petitioner. Md. Khurshid Alam Khan, Advocate - For the Anti Corruption Commission. Writ Petition No.1932 of 2011. Order Md. Anwarul Haque J.- Let the supplementary affidavit shall part of the main petition. 2. One Md. Zaved Khan has filed this application under Article 102(2......vided by law referred to above. So we are not ready to entertain the writ petition. Hence the application is summarily rejected. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 221. ......vided by law referred to above. So we are not ready to entertain the writ petition. Hence the application is summarily rejected. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 221. ..Category: Criminal Law | Date: 22 Mar, 2011 | Hits: 75
Uniroyal Securities Ltd. Vs. Commissioner of Taxes, 2011, 40 CLC (HCD)
....e appearing with Ms. Nazmus Saliheen, the learned Counsel on behalf of the applicant in his submission mainly highlighted and emphasized question of law as envisage in supplementary affidavit in particular the question of law (C). The bone of his contention is that as per section 82(C)(4) of th......BBB of the Ordinance as a regular payee he paid tax at the rate of 0.015% at source on the value of shares, debentures, mutual funds, bonds or securities transacted by the company at the time of payment for such transaction. The applicant submitted his return showing his income in two heads (i)......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)
....oceeding of that case was stayed. It was the further case of the plaintiff respondent that before getting a kabala deed executed and registered, through Court, the defendant Nos. 1 and 2 was added as parties in the HRC Case No. 224 of 1983 and beyond the notice of the plaintiff they withdrew Taka 3,......hat was dismissed by the judgment and order dated 28-2-1985 vide exhibit 'Gha'. The Appellate Division directed the present appellant (defendant Nos. 1 and 2 of the instant suit) to make payment of a solatium of Taka 1, 00,000 within 30 days from the date of the order. As such, the plai...... 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 ..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)
.... sons, 2 daughters and husband defendant No.8. The suit land was rightly recorded in Bazler Rahman's name in S.A. Khatian No.508. On 01.09.1986 the defendant Nos. 1, 2 and 8 made a registered deed of partition. By the said partition deed the defendant No.8 got 4 decimals of land of the suit plot whi......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. ......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
Chunnu Vs. State, 2011, 40 CLC (HCD)
.... get any benefit from the acquittal of accused. In the instant case, the eye-witness versions of the P.W. 3 and P.W.11 and the said dying declaration of the deceased corroborated each other as to the participation and role played by the Appellants in the killing. Thus, since both the Appellants have......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 ......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
M.A. Bari Talukder Vs. Agrani Bank & others, 2011, 40 CLC (AD)
....peal is thus disposed of with the above observations and direction. Communicate this order to the Artha Rin Adalat concerned at once. Ed. This Case is also Reported in: VIII ADC (2011) 424. ......ection 2 of section 6 of the Artha Rin Adalat Ain, 2003 is a special provision and it is, evidently, not consistent with the provisions of the Code of Civil Procedure as regards filing of suits and payment of requisite court fee. So, according to sub-section 1 of section 6 of the Artha Rin Adalat ......rt Division in Writ Petition No.8731 of 2008. 2. The facts necessary for disposal of this Civil Petition for Leave to Appeal, in short, are as follows: 3. The petitioner M. A. Bar Talukder took loan from the respondent Agrani Bank but failed to repay the same as per stipulation and consequentl..Category: Banking Law | Date: 14 Mar, 2011 | Hits: 247
Anwarul Alam (Md.) Vs. Pubali Bank Ltd and others, 2011, 40 CLC (HCD)
....e read into the adopting statue. In that context also section 4A of the Act No. V of 2010 is not applicable in the case of the petitioner. 12. Heard the learned Advocates for both the contending parties, pursued the application along with the annexures so have been annexed thereto, and the affi...... it is liable to be discharged. 32. In the result, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 448. ...... it is liable to be discharged. 32. In the result, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 448. ..Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2011 | Hits: 3
Shammi Yasmin @ Suma alias Sreemoti Rafiqa Rani and others Vs. State, 2011, 40 CLC (HCD)
....pellant (In Criminal Appeal No. 4860 of 2010) Rabi alias Sree Rabi Malo………Appellant (In Criminal Appeal No. 5688 of 2010) Vs. The State ………………………………….Opposite party. Judgment February 27, 2011. Lawyers Involved: Ashok Kumar Banik, Advocate-For the...... 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: ...... 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
....f 2007 allowing the appeal and reversing the judgment and decree dated 13-11-2006 passed by the learned Joint District Judge, 1st Court, Comilla in Money Suit No.5 of 2003 decreeing the suit in part.
3. CP No.1603 of 2010 has arisen out of the judgment and order dated 17-11-2009 pas......ation thereof, we do not find any merit in these two leave petitions.
Accordingly, these leave petitions are dismissed.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 86.
......ation thereof, we do not find any merit in these two leave petitions.
Accordingly, these leave petitions are dismissed.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 86.
..
Category: Civil Law | Date: 23 Feb, 2011 | Hits: 10
Mohammad Ali Vs. Bangaldesh Bank and others, 2011, 40 CLC (HCD)
....………….....................Petitioner Vs. Bangaldesh Bank and others ………..........Respondents Judgment February 22, 2011. Result The Rule is made absolute in part. Lawyers Involved: S. M. Moonir with Lokman Karim, Advocates-For the petitioner. ...... from the respondent-bank pledging tea as a primary security and mortgaging some immovable properties as collateral. The bank on several occasions asked the petitioner to release the pledged goods on payment, but he did not pay heed, rather instituted Other Class Suit No.81 of 2001 before the Senior......hat Agrani Bank, Reazuddin Bazar Branch, Chittagong as plaintiff instituted Artha Rin Suit No. 424 of 2004 in the Artha Rin Adalat, Chittagong against the petitioner and two others for realisation of loan amounting to Taka 53,52,404.28 (Taka fifty-three lac fifty-two thousand four hundred four and P..Category: Banking Law | Date: 22 Feb, 2011 | Hits: 187
.... 17, 2011.
Result:
The petition is dismissed.
When additional evidence sought to be adduced.
It is well established that Order XL, rule 27, CPC does not confer a right on the party to produce additional evidence. The need for additional evidence must be felt by the Court its...... of handing over machineries and others (Exhibit 5), letter issued by chairman of defendant No.1 to the Managing Director, Uttara Bank dated 16-9-1990 (Exhibit 6), pay orders, cheques and chalans for payment of Taka 14,29,303 (Exhibit 8 series), original security bond (Exhibit 9) original lease deed......ubstance hi the submissions of the learned Advocate for the petitioners.
Accordingly, the leave petition is dismissed.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 119.
..
Category: Civil Law | Date: 17 Feb, 2011 | Hits: 5
Sanjoy Roy Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....-opposition denying the material facts contending inter alia, that the bank granted credit facilities to the petitioner from time to time. In Sessions Case No.626 of 2006, the petitioner’s loan was partially adjusted to the extent of face value of the dishonoured cheque. But as the remaining loan ......, a private bank operating under the Bank Companies Act (herein respondent No.3). In order to secure the loan, the petitioner issued a cheque against the said amount. As the petitioner defaulted in repayment of loan, the creditor-bank placed the cheque for encashment, but it was dishonoured. In that......irty and Paisa seventy-five) only from South East Bank Ltd., Shahjalal Upashahar Branch, Sylhet, a private bank operating under the Bank Companies Act (herein respondent No.3). In order to secure the loan, the petitioner issued a cheque against the said amount. As the petitioner defaulted in repayme..Category: Banking Law | Date: 17 Feb, 2011 | Hits: 174
Jamiul Hossain Vs. Government of Bangladesh & Others, 2011, 40 CLC (HCD)
....under article 102(2) of the Constitution is a summary one and it is mainly decided on the statements and documents annexed to the writ petition and the affidavit-in-opposition filed by the respective parties. In this summary proceeding, the High Court Division neither decides the complicated questio......of issuance of Rule Nisi is, hereby, recalled and vacated. Let a copy of the judgment be communicated to the Respondents forthwith. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 49. ......of issuance of Rule Nisi is, hereby, recalled and vacated. Let a copy of the judgment be communicated to the Respondents forthwith. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 49. ..Category: Constitutional Law | Date: 15 Feb, 2011 | Hits: 176
Rupali Bank Ltd., Dhaka Vs. M/S. Brick Linkers Ltd. and Others, 2011, 40 CLC (AD)
.... and further directing that, in default of the defendant paying as therein mentioned, the plaintiff shall be entitled to apply for a final decree directing that the mortgaged property or a sufficient part thereof be sold, and the proceeds of the sale be paid into Court and applied in payment of what...... the plaintiff shall be entitled to apply for a final decree directing that the mortgaged property or a sufficient part thereof be sold, and the proceeds of the sale be paid into Court and applied in payment of what has been found or declared under or by the preliminary decree due to the plaintiff, ......em. The appeal is dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 92, 16 BLC (AD) (2000) 107, VIII ADC (2011) 523 ..Category: Banking Law | Date: 15 Feb, 2011 | Hits: 189
....al rights in every sphere.
5. The learned advocate for the petitioner has filed a supplementary affidavit in Court detailing numerous other examples of violence inflicted upon domestic workers, in particular child and female domestic workers.
6. The learned advocate for the petitioner also has......nt concerning the employment of the child. However, she submits that the Labour Act defines a labourer in section 2 sub-section (65) as anyone engaged in any establishment or industry in exchange for payment, but does not include anyone engaged in work as a domestic worker. The definition of establi......ill prevalent in many parts of the country where children of the poor families are pledged to the rich on payment of lump sums of money. The poor and hapless children work for their masters until the loan is paid off. In the case cited above, we directed that the practice of দাদন or bonded l..
Category: Women and Children | Date: 15 Feb, 2011 | Hits: 265
Mohammad Abdus Sabur Vs. Agrani Bank, 2011, 40 CLC (HCD)
....g an execution case under the Ain is not mandatory. The bank had made attempt to sell the mortgaged property by publishing auction notice in the newspaper, but on the date fixed for auction no bidder participated, for which the auction could not be held. Under the facts and circumstances of the pres...... 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: ......ani Bank, Laldighi East Branch, Chittagong as plaintiff instituted Mortgage Suit No.107 of 1991 before the Artha Rin Adalat No.1, Chittagong Sadar against the petitioner and others for realisation of loan amounting to Taka 20,15,209.60 (Taka twenty lac fifteen thousand two hundred nine and Paisa six..Category: Banking Law | Date: 10 Feb, 2011 | Hits: 192
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