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Sonali Bank Limited Vs. Abdul Malek and another, 2011, 40 CLC (HCD)

....000/- but denied the amount claimed by the Bank in the Money Suit. He expressed his intention to pay back the loan while explaining the reasons for his inability to pay the bank's installments in due time. At the same time he prayed that the installment may be fixed by the Court at Tk. 5,000/- per m......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: 162

Sonali Bank Limited Vs. Abdul Malek and another, 2011, 40 CLC (HCD)

....000/- but denied the amount claimed by the Bank in the Money Suit. He expressed his intention to pay back the loan while explaining the reasons for his inability to pay the bank's installments in due time. At the same time he prayed that the installment may be fixed by the Court at Tk. 5,000/- per m......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

Iftekhar Uddin Ahmed Vs. Artha Rin Adalat and another, 2011, 40 CLC (HCD)

....the affidavit-in-opposition and connected materials on record. 7. From the order sheet of the Money Decree Execution Case No.08 of 1995 (annexure-D to the writ petition), it transpires that at time of filing of this execution case the Decree-holder-Bank also filed an application for condonat......ions the Rule is disposed of. The order of stay stands vacated. Communicate the Judgment to respondent No.2 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 75. ..

Category: Limitation Law | Date: 20 Jun, 2011 | Hits: 13

Md. Habibur Rahman Bhuiyan and others Vs. Mosammat Galman Begum and others, 2011, 40 CLC (AD)

....e ground that the appeal is continuation of the suit or proceeding. But there is no scope for raising the question of defect of parties on account of non-joinder of neces­sary parties, for the first time in revision". 16. In Abdur Rashid Sarker's case (58 DLR (AD) 159), two member Bench of this ......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

Abu Bakkar Lashkar & others Vs. Rostam Ali Mondal & others, 2011, 40 CLC (AD)

....y the judgment and decree of the appellate Court the plain­tiffs-petitioners prepared a revisional application 115 of the Code of Civil Procedure. Since the revisional applica­tion was out of time by 5791 days, the plaintiffs-petitioners had to file an appli­cation under section 5 of the......ciation of law and facts do not call for interfer­ence. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 210. ..

Category: Procedural Law | Date: 9 Jun, 2011 | Hits: 100

Nazir Vs. State, 2011, 40 CLC (HCD)

....p;…………………………....................Opposite Party Judgment June 7, 2011. Result: The Rule is discharged. No time bar for section 561A It is pertinent to note that the inherent power under section 561A of...... 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

Farzana Akter (Kakoli) Vs. Md. Kabir Hossain and others, 2011, 40 CLC (HCD)

.....6.2011. Since then, it has been appearing at the top of the list, but the learned Advocate has not appeared to press the appeal. 7. We have gone through the impugned order. It appears that at the time of hearing the learned Public Prosecutor referred to the case of Abdus Salam Master alias Salam......learned Judge of the Tribunal is directed to proceed with the trial in the said Nari-o-shishu case in accordance with law. Borhanuddin J. - I agree. Ed. This Case is also Reported in:   ..

Category: Women and Children | Date: 6 Jun, 2011 | Hits: 102

Md. Majedur Rahman Vs. State and another, 2011, 40 CLC (HCD)

....to inform the matter to the school committee. On 9.4.2006 at 10.00 am she (informant) was sitting in the office room and was taking preparation for writing a complaint against the accused and at that time the accused again gave her an illicit offer and further requested her not to disclose the occur......ore discharged from his bail bond as he is on bail by order of this Court dated 26.10.2009. The office is directed to send down the lower’s Court record. Ed. This Case is also Reported in: ..

Category: Women and Children | Date: 6 Jun, 2011 | Hits: 142

Bangladesh Tobacco Company Limited Vs. Ashoke Kumar Das & others, 2011, 40 CLC (HCD)

....already mentioned herein above about the formal defect identified by Mrs. Sigma Huda, learned Advocate. 12. Order XXIII Rule 1 of the Code of Civil Procedure is as follows:- "1. At any time after the institution of a suit the plaintiff may, as against all or any of the defendants, w...... In the result, this appeal is disposed of. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 53. ..

Category: Procedural Law | Date: 2 Jun, 2011 | Hits: 6

Chairman, Rajdhani Unnayan Katripakkha Vs. Mosammat Rahima Khatun and others, 2011, 40 CLC (HCD)

....e judgment and order dated 28.05.2006 Rajdhani Unnayan Katripakkha (RAJUK) filed this Civil Revision with an application for condonation of delay of 91 days only and obtained the present Rule. At the time of issuance of the Rule their lordships were pleased to provisionally condone the delay of 91 d......ule is herby vacated. 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: Limitation Law | Date: 2 Jun, 2011 | Hits: 165

Human Rights and Peace for Bangladesh Vs. Bangladesh, 2011, 40 CLC (HCD)

....ing to the report, untreated waste are being dumped into Buriganga, day in, day out, leading its water to doom and gloom. The report has it that disaster would flare to an endemic proportion in no time if measures are not taken to improve the city’s sewerage management without delay. It has be......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)

.... Block Nos.2, 3, 4, 6, 8 and 11 under proposal No.31.02.204/160 issued on 11.04.2010, should not be declared to have been passed without lawful authority and hence, of no legal effect. At the time of issuance of the Rule the operation of the impugned decision dated 10.02.2011 has been staye......uring Entity. Subsequent thereto a separate contract is executed between the “Contractor” and the “Sub-contractor” in order to complete the contractual works. However, rule 53 provides for appointment of a “Sub-contractor”, which runs as follows:- “সহ-ঠিকাদা..

Category: Civil Law | Date: 29 May, 2011 | Hits: 21

Zeyad Rahman and another Vs. Delta Insurance Company and others, 2011, 40 CLC (HCD)

....he Annual General Meeting (AGM) of the Res­pondent No.1 scheduled to be held on 19-9-2005. Eventually the said Company Matter was dismissed for non-prosecution by order dated 2-3-2010. In the meantime, the holding of 19th to 23rd AGMs of the respondent No.1 for the financial years ending on 2004......foreign to the Companies Act, 1994 as well. It is asserted by the respondents that the Rule, having spelt out the method of appointing Election Com­mission, this Court should not venture into the appointment of an Election Commission in contravention of the said in as much as, when no case been ..

Category: Company Law | Date: 26 May, 2011 | Hits: 9

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

....aged his property mentioned in the schedule of the plaint with the bank by a registered deed. In the sanction letter it was stipulated that the defendant would repay the loan money with the specified time but since he failed to repay the loan amount till 30.09.1994, the cash credit hypothecation amo......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

Monzur Ahmed Bhuiyan & others Vs. Adilur Rahman Khan and others, 2011, 40 CLC (AD)

....by his Order dated 16-11-2008, stayed the operation of the judgment and Order passed by the High Court Division in the Writ Petition No.6488 of 2008, for a period of one month which was extended from time to time but ultimately the said Civil Miscellaneous Petition was dismissed for default. &n......nd Order passed by the High Court Division. Accordingly, this Civil Petition is dismissed. No order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 47. ..

Category: Constitutional Law | Date: 16 May, 2011 | Hits: 267

Major (Retd.) Rafiq Hasan Faruq Vs. Bangladesh and others, 2011, 40 CLC (HCD)

.... Rin Suit, the judgment-debtor may be allowed by the Executing Court to undertake private initiative for selling a mortgaged property and to deposit the sale proceeds or part thereof within specified time to satisfy the decree. 21. It is to be noted that in the application filed in the Adalat and...... 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)

....irectorate of Secondary and Higher Education, Bangladesh, Dhaka stating, inter alia, “তাঁদের আবেদনের পরিপ্রেক্ষিতে.......”(Annexure-E). At the time of the said transfer the petitioner was suffering from jaundice and was in his village town, M......Lecturer by the Ministry of Establishment, having been recommended by the Public Service Commission. Accordingly, he joined Netrokona Government College as Lecturer of Philosophy on 20.10.1996 vide appointment letter dated 16.10.1996 issued by the Ministry of Education (Annexure-A series). The po..

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)

....tion of this fact, learned District Judge, Jhinaidaha reversed the findings of the trial Court. 8. I have already mentioned that learned Advocate for the petitioners did not appear in Court at any time. Mr. S. N. Goswami learned Advocate appearing for the opposite parties submits that trial Court....... 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. ..

Category: Civil Law | Date: 15 May, 2011 | Hits: 29

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

....Khurshid Alam Khan, appearing for the Bureau, now Anti-Corruption Commission (ACC), with leave of the Court, submits that the grounds taken in this case are all questions of fact to be decided at the time of the trial and the impugned proceeding should not be interfered with on these grounds or at t......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. ..

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

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

....the trial but on the day of pronouncement of judgment he remained absent as a result the judgment was passed in his absence and thereafter he was arrested, as a result he could not file appeal in due time and as such he preferred the instant application under Section 561A of the Code of Criminal Pro......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