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Sonali Bank Limited Vs. Abdul Malek and another, 2011, 40 CLC (HCD)
....dalat, Comilla in Artha Rin Case No.123 of 1990 decreeing the case in part granting simple interest at the rate of 6% per anum from the date of filing till the date of the decree. 2. The facts relevant for disposal of this petition, in brief, are that the respondent No.1 (defendant No.1 in th......w that this Civil Petition for Leave to Appeal has no merit and is, accordingly dismissed, without, however, any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 649. ......Muhammed Mamtaz Uddin Ahmed J Md. Shamsul Huda J Sonali Bank Limited, represented by its Manager, Kangshanagar Branch, Comilla……………………Petitioner Vs. Abdul Malek and another……………………..Respondents Judgment June 22, 2011. Result: ......w that this Civil Petition for Leave to Appeal has no merit and is, accordingly dismissed, without, however, any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 649. ..Category: Banking Law | Date: 22 Jun, 2011 | Hits: 7
Md. Habibur Rahman Bhuiyan and others Vs. Mosammat Galman Begum and others, 2011, 40 CLC (AD)
....he receipt for purchasing wood is given from Narsingdi but he has not filed the same in Court. He further stated that there was no tenancy agreement with the opposite party No.3. 55. These are the relevant evidence of the witnesses adduced by the parties in the case land. 56. Sub-section (1) o......ed by my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:9 ADC (2012) 575. ......sain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Md. Habibur Rahman Bhuiyan and others........................Appellants Vs. Mosammat Galman Begum and others...................ed by my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:9 ADC (2012) 575. ..Category: Property Law | Date: 15 Jun, 2011 | Hits: 169
Md. Arif-Uz-Zaman Vs. State and another, 2011, 40 CLC (AD)
....eave to appeal is directed against the judgment and order dated the 24th day of August, 2010 passed by the High Court Division in Criminal Revision No.1717 of 2009 discharging the Rule. 2. Facts relevant to disposal of this petition for leave to appeal are that respondent No.2 as complainant fi......h Court Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 400; 8 LG (AD) (2011) 196; 17 BLC (AD) (2012) 167; 21 BLT (AD) 234. ...... Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Arif-Uz-Zaman…………………………..............Petitioner Vs. The State and another…………………….............Respondents ......h Court Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 400; 8 LG (AD) (2011) 196; 17 BLC (AD) (2012) 167; 21 BLT (AD) 234. ..Category: Banking Law | Date: 9 Jun, 2011 | Hits: 196
Nazir Vs. State, 2011, 40 CLC (HCD)
....5,000 in default to suffer rigorous imprisonment for 6(six) months more should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Facts relevant for disposal of the Rule may be, briefly, stated as follows:—Acting on a tip-off, in ...... Judge of the Tribunal, who sent him to jail to undergo the sentence. The petitioner thereafter submitted an application for certified copy of the impugned judgment and order and other relevant papers for preferring a miscellaneous case under section 561A of the Code of Criminal Procedure......f justice..........(14) Proper use of section 561A Care should be taken so that the jurisdiction under section 561A can not be invoked for the purpose of examining the correctness, legality and propriety of any finding, sentence and order passed by the criminal courts……&helli...... this Rule. 30. Accordingly, the Rule is discharged. Communicate this judgment to the concerned Tribunal immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 317. ..Category: Criminal Law | Date: 7 Jun, 2011 | Hits: 2
Human Rights and Peace for Bangladesh Vs. Bangladesh, 2011, 40 CLC (HCD)
....table to these ominous riddle, are myriad. 15. No doubt, some greedy, grubby, bilious, bewitched people are in the race to pull their socks, yet it is also beyond qualm that nonfeasance of the relevant functionaries are in no way beyond reproach. Clearly industrial waste and other lethal su......resent high volume of cases, it is not possible on their part to bear the cost of the cases filed as public interest litigation. Ed. This Case is also Reported in: ......is Case is also Reported in: ......resent high volume of cases, it is not possible on their part to bear the cost of the cases filed as public interest litigation. Ed. This Case is also Reported in: ..Category: Environmental Law | Date: 1 Jun, 2011 | Hits: 37
BGP Inc., China National Petroleum Corporation Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....D as well as Annexure-F to the writ petition could have been produced before the Review Panel it might have taken a different view in view of the findings given by respondent no. 3 “no papers and relevant documents have been filed”. Accordingly, he submits that upon making the Rule absolute ......ngladesh) International had failed to show any link with BGP Inc. CNPC. It has further been contended that respondent no.8 was the local agent of the short listed CGG Veritas as is evident from the papers submitted by the CGG Veritas to Petrobangla. In the technical offer of the bid respondent n......ision (Special Original Jurisdiction) Present: Farah Mahbub J Farid Ahmed J BGP Inc., China National Petroleum Corporation…...........Petitioner Vs. Bangladesh and others…………...........Respondents Judgment May 29, 2011. Result: The......t’s EOI under the name and style “BGP (Bangladesh) International”, Gulshan Dhaka but RFP was submitted by BGP Inc. CNPC no.189 Fanyang Xi Road, Hebei Province, China. In the process of EOI no documents were filed in favour of the petitioner-company to show that both the companies were join..Category: Civil Law | Date: 29 May, 2011 | Hits: 21
Zeyad Rahman and another Vs. Delta Insurance Company and others, 2011, 40 CLC (HCD)
....uld not be held for the last six years. Therefore, the provision of Article 96 of the Articles of Association that addresses the voting rights of the shares when re-electing retiring directors is not relevant in the instant case. It has further been stated in the affidavit-in-reply that until 30-06-......our) weeks from the date of the drawing up of this Judgment and to report the compliance thereof within 1(one) week thereafter. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 336. ......Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 336. ......ction of the Articles of Association of the company or other instrument for issuing or creating such shares. For this purpose Court can have recourse to various "cannons of construction" of documents for interpreting the same. I have perused the Articles of Association of the responde..Category: Company Law | Date: 26 May, 2011 | Hits: 9
Sk. Nurul Islam Vs. State, 2011, 40 CLC (HCD)
.... discharged from his bail bond. Send down the Lower Court Records, along with a copy of this judgment and order, at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 436. ......es were involved in this matter. There is also a vagueness in the said order as there was no mention of the amount of money misappropriated. There is also no other extraneous evidence as to what papers and facts were placed before the sanctioning authority. 9. The definite case of the pros......al Hossain Ahmed J Md. Emdadul Haque Azad J Sk. Nurul Islam..........................Appellant Vs. The State...................................Respondent Judgment May 4 and 19, 2011. Result: The appeal is allowed. Cases Referred to- Abdul Awal...... discharged from his bail bond. Send down the Lower Court Records, along with a copy of this judgment and order, at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 436. ..Category: Anti-Corruption Laws | Date: 19 May, 2011 | Hits: 157
Manager, Rupali Bank Ltd. Vs. M/S New Music Corner and another, 2011, 40 CLC (HCD)
....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: ...... notice to the defendant No.1. As per Government policy the defendant No.1 filed an application for exemption of interest. But interest was not exempted. He further stated that he filed the necessary papers. He denied the suggestion that due to non co-operation of the bank the defendant failed to pa...... (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......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: ..Category: Banking Law | Date: 18 May, 2011 | Hits: 209
Major (Retd.) Rafiq Hasan Faruq Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....rt in the case of SDS Dairy Limited Vs. Bangladesh and others. 11. We have examined the writ petition, the affidavit-in-opposition and the materials on record as well as the impugned order. The relevant portion of the impugned order (Annexure-E to the writ petition) reads as under (under lines......amount of Tk. 5,40,49,309.76/-. 3. The decree holder Bank initiated Artha Execution Case No-120 of 2005, which was dismissed due to default of the Bank to publish auction notices in two daily news papers. Thereafter the decree holder Bank instituted the present Artha Execution Case No.682 of 2005......urt Division (Special Original Jurisdiction) Present: Md. Emdudul Huq J Md. Abu Zafor Siddique J Major (Retd.) Rafiq Hasan Faruq ........................Petitioner Vs. Bangladesh and others.................................Respondents Judgment May 16, 2011. Result: Th...... order as to cost. The office is directed to communicate the Judgment at once to the concerned executing Court (Respondant No. 3). Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 281. ..Category: Banking Law | Date: 16 May, 2011 | Hits: 179
S.M. Humayun Kabir Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....d Higher Education Directorate, Bangladesh, Dhaka (Annexure-E). It is the categorical assertion of the petitioner that he never applied for transfer from his station of College and that during the relevant time he was suffering from jaundice, for the said reason he had to undergo intense treatme...... 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: ....... Vide letter dated 30.04.2008 and 09.05.2008 respectively the Ministry of Education and the Directorate of the Secondary and Higher Education, Bangladesh, Dhaka sought for production of necessary documents in order to take decision on the issue of the petitioner (Annexure-N series). Vide letter..Category: Employment/Service Law | Date: 15 May, 2011 | Hits: 22
Md. Badar Uddin and others Vs. Mst. Rezia Parvin and others, 2011, 40 CLC (HCD)
..... I find no substance in the rule. In the result this rule is discharge. No costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 12. ....... I find no substance in the rule. In the result this rule is discharge. No costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 12. ......rds at once. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 12. ......the road the suit is barred under the provisions of Section 42 of the Specific Relief Act. 7. Appellate Court reversed the findings on consideration of exhibits 1 series, 2, 2Ka and Kha, all these documents filed by the plaintiffs and defendants and in C.S. and S.A. Khatian, there is mentioned of..Category: Civil Law | Date: 15 May, 2011 | Hits: 29
Tofail Ahmed Vs. State, 2010, 39 CLC (HCD)
....reputation of another citizen should be put in peril by means of a criminal prosecution, should bring to the discharge of their duty a sense of responsibility and the industry required to examine the relevant materials. The duty of granting a proper sanction can hardly be imagined to have been ......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. ......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......c transfer (TT) of the said amount of money or that he had withdrawn the said amount of money by placing any cheque drawn on the account of Mr. A Momen Tulu. Dealings in the banks are always based on documents and the record of the same are also maintained. Nowhere it has been stated that, the ..Category: Anti-Corruption Laws | Date: 15 May, 2011 | Hits: 211
Md. Abul Hashem Vs. State, 2011, 40 CLC (HCD)
....) years more in Nari-0-Shishu Nirjaton Damon Case No.447 of 2000 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 relevant for disposal, in short, are that the accused petitioner Md. Abul Hashem was implicated in N......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. ......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......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. ..Category: Women and Children | Date: 15 May, 2011 | Hits: 95
.... of the judicial review without any specific provision in the Constitution.
Article III of the Constitution vested the judicial powers upon the Supreme Court. Surprisingly, it is very short. The relevant portion of section I reads as follows:
“Section 1. The judicial power of the Uni......rs. Fatwa as opinion on Islamic tenets has never been treated as a source of Islamic law and therefore, cannot be treated as part of Shariat, but Fatwa may be given with reference to Shariat. The newspapers have frequently reported about violation of human rights and perpetration of criminal offence......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......cle 102.
123. Before we do that it would be beneficial if we keep in mind, some established principles of interpretation of statute and these are: (a) the rules for interpretation of all written documents are the same in the sense that the object is the ascertainment of the intention sought to ..
Category: Civil Law | Date: 12 May, 2011 | Hits: 34
Shahnaj Begum Munni Vs. State and another, 2011, 40 CLC (HCD)
....now pending in the Court of the Metropolitan Sessions Judge, Chittagong should not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts relevant for the purpose of disposal of the Rule may be briefly stated as follows: The complainan...... the Metropolitan Sessions Judge, Chittagong are quashed. Let a copy of this judgment be immediately 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...... the Metropolitan Sessions Judge, Chittagong are quashed. Let a copy of this judgment be immediately transmitted to the Court below. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 357...Category: Banking Law | Date: 12 May, 2011 | Hits: 251
Obaidul Kader (Md.) Vs. State, 2011, 40 CLC (HCD)
....reputation of another citizen should be put in peril by means of a criminal prosecution, should bring to the discharge of their duty a sense of responsibility and the industry required to examine the relevant materials. The duty of granting a proper sanction can hardly be imagined to have been ....... 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. ......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........ 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. ..Category: Anti-Corruption Laws | Date: 11 May, 2011 | Hits: 223
Rupali Bank Ltd. Vs. Sree Babu Jiban Kumer Shaha, 2011, 40 CLC (HCD)
....s close person he deposed falsely. 9. After consideration of the evidence adduced by the P.W. and D.Ws. and considering other materials on record particularly the loan sanction letters and other relevant materials the learned Judge, Artha Rin Adalat, First Court, Sherpur by his judgment dated 3......d the suggestion that due to volatile political situation of the country the business of the defendant was hampered and for this reason he could not repay the loan amount. This witness submitted some papers before the court, those papers were sanction letters dated 21.10.1987 and 14.04.1987, and the...... Not represented- the Respondent. First Appeal No. 68 of 1998. Judgment Obaidul Hassan J. - This appeal is directed at the instance of the plaintiff appellant against the judgment and decree dated 30.07.1997 passed in Artha Rin Suit No. 14 of 1996 passed by the Subordinate Judge,......aintiff. 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: ..Category: Banking Law | Date: 11 May, 2011 | Hits: 210
Syed Moazzem Hossain (Md.) Vs. Tahsia Khanam and others, 2011, 40 CLC (HCD)
....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. ......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. ......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. ...... prayed for? (iv) What more relief the plaintiff is entitled to get? 8. The husband of the plaintiff named Altaf Hossain was examined as the sole witness for the plaintiff and the following documents were admitted into evidence :— i) Dividend notice dated 29-6-1989 signed by the..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)
....e vessel and also denied the claim of the defendant Nos. 1 and 3 that they are not liable to pay the claim amount of the plaintiff. 13. In his examination-in-cross the P. W. 1 stated that at the relevant time the defendant No. 2 Kysco, shipping Co., Ltd. was in the possession of the defendant N......No.19 of 2009 M/S. Kysco Shipping Co. Ltd. and also against the BF. Shipping Limited in Admiralty Suit No. 27 of 2009 and Admiralty Suit No. 28 of 2009. Ed. This Case is also Reported in: ......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......s Court, as a constituted attorney of the plaintiff as P.W.1 while Mr. Gujeong Song being the President of the plaintiff company was examined as P. W. 2. 11. The P. W. 1 exhibited the following documents: Exhibit No. Identity of the documents. ..Category: Admiralty Law or Maritime Law | Date: 4 May, 2011 | Hits: 70
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