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GK Brothers and another Vs. Imperial Chemical Industries Bangladesh Limited, 2011, 40 CLC (HCD)
.... Appellants. No one appears—For the Respondent. First Appeal No. 54 of 1997. Judgment Shahidul Islam J. — This First Appeal is directed against the judgment and decree dated 2-11-1996 passed by the learned Sub-ordinate Judge, 3rd Court, Chittagong in Other Suit No. 10......se 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, 60,000 from the said case, although the rent was being......ecree dated 2-11-1996 passed by the learned Sub-ordinate Judge, 3rd Court, Chittagong in Other Suit No. 100 of 1995 decreeing the suit. 2. The respondent as plaintiff instituted the suit seeking for the following relieves; এতএব বাদী নিম্নমতে প্রার্থ..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)
....e instructed by Mrs. Mahmuda Begum, Advocate on Record-For the Petitioners Not represented-the Respondents Civil Petition for Leave to Appeal No.1450 of 2009. (From the judgment and order dated 12.05.2009 passed by the High Court Division in Civil Revision No.4049 of 2006.) Judgment ......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. ......arch 20, 2011. Lawyers Involved: Abdur Razzaq, Senior Advocate instructed by Mrs. Mahmuda Begum, Advocate on Record-For the Petitioners Not represented-the Respondents Civil Petition for Leave to Appeal No.1450 of 2009. (From the judgment and order dated 12.05.2009 passed by the H..Category: Property Law | Date: 20 Mar, 2011 | Hits: 84
Md. Ferajtullah Sheikh Vs. Md. Yusuf Ali and others, 2011, 40 CLC (HCD)
....udgment Md. Ruhul Quddus J. - This Rule at the instance of a vendor, was issued on an application under section 115 (1) of the Code of Civil Procedure to examine the legality of judgment and order dated 11.4.2001 passed by the Subordinate Judge (now Joint District Judge), Second Court, Satkhira i......tate Acquisition and Tenancy Act. His case, in a nutshell, was that he was a co-sharer in the case land. The petitioner Md. Ferajtulla Sheikh sold the case land to opposite party Nos. 2-3 without any notice to him. He came to learn about the sale, for the first time on 13.9.1992 and thereafter obtai......usuf Ali and others…………………….Opposite Parties Judgment March 20, 2011. Lawyers Involved: Joya Bhattacharjee, Advocate-For the petitioner. Sk. Forhadul Haque, appearing for Md. Abdul Jabber, Advocate-For opposite party No.1. Civil Revision No. 3904 of 2001. Judgm..Category: Property Law | Date: 20 Mar, 2011 | Hits: 59
Chunnu Vs. State, 2011, 40 CLC (HCD)
....aken together for hearing and disposal by the same judgment. 2. The Convict-Appellants ("the Appellants") have preferred the aforesaid appeals against the judgment and order dated 23-11-2004 passed by the Druto Bichar Tribunal, Rajshahi in Druto Bichar Tribunal Case No. 23 ......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 ......ash;For the State in both the Appeals [Jail Appeal No.1293 of 2004] Criminal Appeal No. 4714 of 2004 with Jail Appeal No. 1293 of 2004. Judgment Sheikh Hassan Arif J. - Since both the aforesaid appeals have been preferred against the same judgment, they are taken together for hea..Category: Procedural Law | Date: 15 Mar, 2011 | Hits: 6
M.A. Bari Talukder Vs. Agrani Bank & others, 2011, 40 CLC (AD)
....cted by Syed Mahbubur Rahman, Advocate-on-Record- For respondent No.1. Not respondent-Respondent Nos. 2-3. Civil Petition for Leave to Appeal No. 1196 of 2010. (From the judgment and order dated 11.03.2010 passed by the High Court Division in Writ Petition No.8731 of 2008.) Judgment ......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. ......e-on-Record-For the Petitioner. Md. Mamunur Rashid, Advocate instructed by Syed Mahbubur Rahman, Advocate-on-Record- For respondent No.1. Not respondent-Respondent Nos. 2-3. Civil Petition for Leave to Appeal No. 1196 of 2010. (From the judgment and order dated 11.03.2010 passed by the..Category: Banking Law | Date: 14 Mar, 2011 | Hits: 247
Anwarul Alam (Md.) Vs. Pubali Bank Ltd and others, 2011, 40 CLC (HCD)
....he Constitution of the People's Republic of Bangladesh, the respondents have been called upon to show cause as to why the impugned office order vide memo No. PBI/N.GONJ/ Release Order LPR 405/09, dated 25-2-2009 (Annexure-D) purported to have been issued by the respondent No.7 allowing the peti&......a representation to the respondent No. 5, the Managing Director, Pubali Bank Ltd. on 11-1-2010 (Annexure-E), but to that effect no order was passed. Ultimately, the petitioner served a demand justice notice dated 1-7-2010 with request to allow him to continue his service until the age of 59 years, b......from Bangladesh Muktijoddha Sangshad on 4-2-2001 as well as from the Ministry of Liberation War Affairs on 12-6-2003 as recognition of his contribution in the war of liberation 1971. The petitioner before going on LPR lastly served as an Assistant General Manager, Narayangonj Branch, Pubali Bank Ltd..Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2011 | Hits: 3
Md. Nazim Vs. State, 2011, 40 CLC (HCD)
....KM Asaduzzaman J. - On an application under section 561A of the Code of Criminal Procedure this rule was issued calling upon the opposite party to show cause as to why the impugned judgment and order dated 24.7.2008 passed by the learned Metropolitan Special Tribunal No.7 and Juvenile Court, Dhak...... once if not wanted in connection with any other case. Send down the L.C. records at once along with the judgment. AKM Zahirul Haque J. - I agree. Ed. This Case is also Reported in: ......trapur P.S. Case No.64 dated 29.5.2004 corresponding to G.R. Case No. 306/2004 convicting the appellant under section 19A and 19(f) of the Arms Act, and sentencing him to suffer rigorous imprisonment for 10 years and 7 years respectively both sentence will run concurrently, should not be quashed. ..Category: Women and Children | Date: 13 Mar, 2011 | Hits: 133
Mokles Uddin Bhuiyan Vs. Rabi Chowdhury, 2012, 41 CLC (HCD)
....- On an application under Section 115 of the Code of Civil Procedure by the petitioner the Rule was issued calling upon the opposite party No.1 to show cause as to why the impugned Judgment and order dated 18-2-1999 passed by the Subordinate Judge, 2nd Court, Manikganj in Miscellaneous Appeal No.11 ......decree passed in Money Suit No.4 of 1974. The further case is that he was a Government servant and was posted at Barisal. While he was serving at Barisal without his knowledge and without serving any notice upon him, an ex parte Judgment was passed against him on 19-3-1974 and thus Execution case No......llaneous Appeal No.11 of 1994 affirming those dated 16-3-1994 passed by the Assistant Judge, in-charge, Singair, Manikganj in Miscellaneous Case No.55 of 1984 should not be set aside. 2. The facts for disposal of the Rule, in short, are that opposite party No.1 as petitioner filed Miscellaneous C..Category: Civil Law | Date: 11 Mar, 2011 | Hits: 185
Professor Muhammad Yunus Vs. Bangladesh, 2011, 40 CLC (HCD)
....the Constitution of the People’s Republic of Bangladesh against the Government of Bangladesh, Bangladesh Bank, Grameen Bank and 13 others challenging the order issued vide Memo. No. BRPE(R)760/2011 dated 27.02.2011, Annexure-M by respondent No.3, General Manager, Bangladesh Bank addressing to the ......consider it. Then on 02.03.2011 at about 1.00 p.m. the petitioner became further astonished to receive through the Secretary of Grameen Bank a copy of the impugned order dated 02.03.2011. 16. No notice had been served by any authority or person upon the petitioner in respect of why he should be......Rahimafrooz Batteries and others, 7 BLC (AD) 73. Lawyers Involved: Dr. Kamal Hossain with Mahmudul Islam, Rokanuddin Mahmud, Kamal-ul-Alam, Sara Hossain and Tamim Hossain Shawn, Advocates - for the Petitioners. Mahbubay Alam, Attorney General, with M.K. Rahman, Additional Attorney Gen..Category: Banking Law | Date: 8 Mar, 2011 | Hits: 438
Ahammad Hossen alias Gura Miah Vs. State, 2011, 40 CLC (HCD)
....ent. Criminal Appeal No. 4856 of 2010. Judgment AKM Asaduzzaman J. - This appeal was preferred under section 28 of the Nari-O-Shishu Nirjatan Daman Ain, 2000 against the impugned order dated 5.7.2010 passed by the learned Nari-O-Shishu Nirjatan Daman Tribunal No.2, Chittagong in Nari-......case, the trial Court is hereby directed to consider the bail of the appellant. Communicate the order at once. AKM Zahirul Hoque J. - I agree. Ed. This Case is also Reported in: ...... No.156 of 2008 arising out of G.R. Case No.274 of 2007 corresponding to Lohagara P.S. Case No. 04 dated 4.11.07 under section 7/30 of the Nari-O-Shishu Nirjatan Daman Ain, 2000, rejecting the prayer for bail of the appellant. 2. The appellant was brought to the trial under section 7/30 of the ..Category: Women and Children | Date: 1 Mar, 2011 | Hits: 103
....ons)
None Represented—For the Respondent Nos.2-6 (In both the petitions)
Civil Petition for Leave to Appeal Nos.1602 and 1603 of 2010.
(Arising out of the same judgment and order dated 17-11-2009 passed by the High Court Division in Civil Revision Nos.389 of 2008 and 422 of 2008...... made under sub-section (1) and that the issue is pending before the judicial authority, arbitration may be commenced or continued and an arbitral award made."
14. In the instant case it is noticed by the High Court Division that the defendants-petitioners by filing written statements......ructed by AKM Shahidul Huq, Advocate-on-Record—For the Respondent No.1 (In both the petitions)
None Represented—For the Respondent Nos.2-6 (In both the petitions)
Civil Petition for Leave to Appeal Nos.1602 and 1603 of 2010.
(Arising out of the same judgment and order date..
Category: Civil Law | Date: 23 Feb, 2011 | Hits: 10
Mohammad Ali Vs. Bangaldesh Bank and others, 2011, 40 CLC (HCD)
....dent. Writ Petition No. 9069 of 2008. Judgment Md. Ruhul Quddus J.- This Rule Nisi, at the instance of a judgment debtor in a mortgage decree, was issued calling in question two orders dated 16.10.2008 and 4.11.2008 respectively passed by the Judge, Artha Rin Adalat No.1, Chittagong i......se No.75 of 2005 (arising out of Artha Rin Suit No.424 of 2004). By the first order the learned Judge, on an application filed by the decree holder-bank, fixed a date of auction on publishing auction notice in news papers for sale of the petitioner’s mortgaged property, while by latter rejected hi......ing out of Artha Rin Suit No.424 of 2004). By the first order the learned Judge, on an application filed by the decree holder-bank, fixed a date of auction on publishing auction notice in news papers for sale of the petitioner’s mortgaged property, while by latter rejected his (petitioner’s) app..Category: Banking Law | Date: 22 Feb, 2011 | Hits: 187
....n-Record—For the Respondent No. 2.
None Represented—For the Respondent Nos. 1 & 3-10.
Civil Petition for Leave to Appeal No. 2520 of 2010.
(From the judgment and decree dated 31-5-2010 passed by the High Court Division in FA No.216 of 2007)
Judgment
Md. Muzam......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.
......smissed.
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 itself, if the Court hearing the action requires a..
Category: Civil Law | Date: 17 Feb, 2011 | Hits: 5
Sanjoy Roy Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....ce of a defaulting borrower, was issued calling in question an auction notice for sale of his mortgaged property under section 12 of the Artha Rin Adalat Ain, 2003 published in the Daily Sylheter Dak dated 4.8.2010. 2. Facts relevant for disposal of the Rule are that the petitioner availed cred......cates-For the Respondent. Writ Petition No. 6731 of 2010 Judgment Md. Ruhul Quddus J. - This Rule, at the instance of a defaulting borrower, was issued calling in question an auction notice for sale of his mortgaged property under section 12 of the Artha Rin Adalat Ain, 2003 publish......or the Respondent. Writ Petition No. 6731 of 2010 Judgment Md. Ruhul Quddus J. - This Rule, at the instance of a defaulting borrower, was issued calling in question an auction notice for sale of his mortgaged property under section 12 of the Artha Rin Adalat Ain, 2003 published in t..Category: Banking Law | Date: 17 Feb, 2011 | Hits: 174
Abu Hanifa (Md.) Vs. Md. Shafiul Bashar and others, 2011, 40 CLC (AD)
....m Khan, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Respondent No.1. None Represented—For the Respondent Nos.2-4. Civil Appeal No.28 of 2006. (From the judgment and order dated1-11-2003 passed by the High Court Division in Writ Petition No.7505 of 2002.) Judgment Md.Mu......for three years. If there is any allegation against the Nikah registrar holding temporary license, the government is at liberty to hold an inquiry into the matter after giving the Nikah registrar a notice to show cause and thereafter take steps as per law and if necessary cancel his licence.…......nd Divorces (Registration) Rules, 1975; Rule 8(2) No action should be taken against a person without giving him any opportunity of being heard. When any person is given the temporary licence to perform the responsibilities of a Nikah Registrar, he will be entitled to have a licence of a Nikah Reg..Category: Civil Law | Date: 15 Feb, 2011 | Hits: 8
Jamiul Hossain Vs. Government of Bangladesh & Others, 2011, 40 CLC (HCD)
....n application under Article 102(2)(a)(ii) of the Constitution of the People's Republic of Bangladesh calling upon the respondents to show cause as to why the order under Memo No. Bhu: Re: 6/2002/1471 dated 08.07.2002 passed by respondent No.2 contained in annexure-G to the writ petition purporting t......08.07.2002 passed by respondent No.2 contained in annexure-G to the writ petition purporting to constitute a committee to rehear Appeal Case Nos.31335 of 2001, 31336 of 2001 and 41105 of 2001 and the notice dated 14.7.2002 issued by respondent No.3 contained in annexure-H to the writ petition for re......o constitute a committee to rehear Appeal Case Nos.31335 of 2001, 31336 of 2001 and 41105 of 2001 and the notice dated 14.7.2002 issued by respondent No.3 contained in annexure-H to the writ petition for rehearing of above 3 cases on 24.07.2002 should not be declared to have been passed without lawf..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)
....134 of 2007. Judgment Surendra Kumar Sinha J. - Only point involves in this appeal is whether the Artha Rin Adalat can draw up a final decree beyond the statutory period of three years from the date of preliminary decree. 2. To decide this point let us recapitulate short facts out of which ....... "So too, the apparently general language of a schedule may be restricted by the more specific provision of one of the sections of the statute. If one section of an Act, for instance, required that 'notice' should be 'given' a verbal notice would generally be sufficient; but if another section prov......ee. 2. To decide this point let us recapitulate short facts out of which this appeal has arisen. Appellant Rupali Bank Limited instituted a suit in the Artha Rin Adalat, Dhaka shortly, the Adalat, for realization of Tk.48, 68,970.270 against the respondents by selling the mortgaged property. The ..Category: Banking Law | Date: 15 Feb, 2011 | Hits: 189
....to 6 in connection with their inaction to take appropriate steps against respondent No.7 (the employer of the domestic child worker) regarding the incident reported in the daily newspaper "Amar Desh" dated 03.05.2010 and to report to this Court within 24 hours with regard to their actions and measur......dent No. 3.
Writ Petition No. 3598 of 2010.
Judgment
Md. Imman Ali J. - By this application under Article 102 of the Constitution the plight of child domestic workers has been brought to our notice by BNWLA, which is an established and reputed organization of women lawyers, who deal with em......l violence against a child domestic worker has been highlighted as reported in the daily national newspaper Amar Desh on 03.05.2010 (Annexure-A to the writ petition).
2. The newspaper reports that for breaking a flower vase, the lady of the house tied up the child housemaid, pushed her on to the ..
Category: Women and Children | Date: 15 Feb, 2011 | Hits: 265
Mohammad Abdus Sabur Vs. Agrani Bank, 2011, 40 CLC (HCD)
....spondent. Writ Petition No. 4980 of 2006. Judgment Md. Ruhul Quddus J. - This Rule Nisi, at the instance of a judgment debtor in a mortgage decree, was issued calling in question order dated 30.5.2005 passed in Artha Rin Execution Case No. 741 of 2003 pending in Artha Rin Adalat No.1,......3 is beyond the scope of law and as such without lawful authority. The learned Advocate further submits that the executing Court issued warrant of arrest against the petitioner without any show cause notice as provided under Order XXI rule 37 of the Civil Procedure Code and also without any attempt ......edings in the said execution case. 2. Facts leading to this writ petition, in short, are that Agrani 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 o..Category: Banking Law | Date: 10 Feb, 2011 | Hits: 192
Nazim Uddin Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... J.- This Rule Nisi, at the instance of a third party mortgagor, was issued calling in question an auction notice under section 12 of the Artha Rin Adalat Ain, 2003 published in the Daily Prothom Alo dated 3.8.2010. 2. Facts relevant for disposal of the Rule are that a private company named Zar......ed- the respondents. Writ petition No. 6773 of 2010. Judgment Md. Ruhul Quddus J.- This Rule Nisi, at the instance of a third party mortgagor, was issued calling in question an auction notice under section 12 of the Artha Rin Adalat Ain, 2003 published in the Daily Prothom Alo dated 3...... a third party mortgagor, was issued calling in question an auction notice under section 12 of the Artha Rin Adalat Ain, 2003 published in the Daily Prothom Alo dated 3.8.2010. 2. Facts relevant for disposal of the Rule are that a private company named Zarin Design Ltd. availed credit facilitie..Category: Banking Law | Date: 9 Feb, 2011 | Hits: 162
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