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GK Brothers and another Vs. Imperial Chemical Industries Bangladesh Limited, 2011, 40 CLC (HCD)
....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 ......tled to withdraw that amount before getting the kabala deed executed and registered. It was the further case of the plaintiff that the defendant Nos.1 and 2 failed to deposit soletium within the time limit as granted by the Appellate Division and, as such, they were not entitled to get any deed...... 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 ...... 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)
....ore, 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. ......re bona fide mistake committed by the scribe. The appellate Court, on consideration of oral evidence adduced by both the parties and also different khatians of the disputed land prepared at different times in the name of Bazler Rahman and his heirs and also the fact that the plaintiff’s objections......dule "Ga" to the plaint. The plaintiffs have prayed for declaration of their title and confirmation of possesÂsion in 2 decimals of land described in schedule "Kha" and declaration of title and also recovery of possession in 4 deciÂmals of land described in schedule "Ga" to the plaint. Admittedly ......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
Md. Ferajtullah Sheikh Vs. Md. Yusuf Ali and others, 2011, 40 CLC (HCD)
....erajtullah Sheikh……………………………Petitioner Vs. Md. Yusuf 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, Ad...... 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 obtained a certified copy of the sale deed and filed the applicatio......he result, the Rule is discharged without any order as to costs. The order of status quo passed on 6.8.2002 is vacated. Send down the lower Court records. Ed. This Case is also Reported in: ......he result, the Rule is discharged without any order as to costs. The order of status quo passed on 6.8.2002 is vacated. Send down the lower Court records. Ed. This Case is also Reported in: ..Category: Property Law | Date: 20 Mar, 2011 | Hits: 59
Chunnu Vs. State, 2011, 40 CLC (HCD)
....the appeals are dismissed. Send down the lower Court record. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 127 ......ities and that neither Rafi nor Chunnu committed any offence as alleged. Further defence case was that the deceased was killed as a result of a chase-counter-chase between two groups of people at the time and place concerned. 8. The informant, brother of the deceased, deposed before the Tr......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
Alomgir Hossain alias Abdul Aziz Vs. State, 2011, 40 CLC (HCD)
....uses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......e appearing for the appellant submits that only the other day i.e. on 17-01-2011 charge was framed in this case, in that view of the matter the trial will be further delayed and the appellant by this time is languishing in jail custody for more than 20 months without trial and as such he may be enla......t liberty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......t liberty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: 15 Mar, 2011 | Hits: 76
M.A. Bari Talukder Vs. Agrani Bank & others, 2011, 40 CLC (AD)
.... with the above obserÂvations and direction. Communicate this order to the Artha Rin Adalat concerned at once. Ed. This Case is also Reported in: VIII ADC (2011) 424. ......eventy three thousand two hundred fifty five) against this petiÂtioner and others. On the date of filing of that suit the plaintiff-bank could not file the requisite court fee and as such prayed for time to file the same and the Adalat allowed that prayer and fixed 11.5.2004 for filing the deficit ......the respondent Agrani Bank but failed to repay the same as per stipulation and consequently on 28.4.2004 the loan granting bank filed Artha Rin Suit No.574 of 2004 in Artha Rin Adalat No.1, Dhaka for recovery of Taka 1, 19, 73, 255/- (One crore nineteen lac seventy three thousand two hundred fifty f......peal is thus disposed of with the above obserÂvations and direction. Communicate this order to the Artha Rin Adalat concerned at once. Ed. This Case is also Reported in: VIII ADC (2011) 424. ..Category: Banking Law | Date: 14 Mar, 2011 | Hits: 247
Anwarul Alam (Md.) Vs. Pubali Bank Ltd and others, 2011, 40 CLC (HCD)
.... 793; People's Republic of Bangladesh, represented by the Deputy Commissioner Dhaka Vs. Md. Alauddin alias Alauddin Sarker, 38 DLR (AD) 81; Dalutpur Jute Mills Ltd Vs. Income Tax Officer (Investigative), 26 DLR 5; Rupali Bank Ltd Vs. Arab Ali, 7 BLC (AD) 01. Lawyers Involved: AKM Fakhr......lic Servant" have been defined in section 2(d) of the Act No. XII of 1974, which is quoted hereinbelow:— "2(d) "public servant" includes any person who is, for the time being, in the service of the Republic or of any Corporation, nationalized enterprise or lo...... 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
Md. Nazim Vs. State, 2011, 40 CLC (HCD)
.... High Court Division (Criminal Miscellaneous Jurisdiction) Present: AKM Asaduzzaman J AKM Zahirul Hoque J Md. Nazim …………………………………Petitioner Vs. The State…………………………………Opposite party Judgment March 13, 2011. Lawyers ......ial Tribunal No.7 and Juvenile Court, Dhaka convicted and sentenced the accused petitioner as stated above. 7. Being aggrieved there against since the petitioner could not prefer any appeal within time, he obtained the instant rule on filing an application under section 561A of the Code of Crimin......Md. Shamsul Haq were declared hostile since they did not support the prosecution story. Thus on perusal of the prosecution witnesses we also found that the prosecution has failed to prove the alleged recovery of the arms from the control and possession of the petitioner in as much as the seizure lis......ullets. They informed the matter to the concerned police station. 3. Being informed about the matter, Sub-Inspector Abdullah Al Nazrul came to the spot, arrested the petitioner and seized the said arms and bullets by preparing a seizure list. On interrogation, the petitioner failed to show any va..Category: Women and Children | Date: 13 Mar, 2011 | Hits: 133
Professor Muhammad Yunus Vs. Bangladesh, 2011, 40 CLC (HCD)
....¦â€¦â€¦â€¦â€¦ Respondents Order March 8, 2011. Result: The writ petition is summarily rejected. Case referred to- United Commercial Bank Ltd and another Vs. Rahimafrooz Batteries and others, 7 BLC (AD) 73. Lawyers Involved: Dr. Kamal Hossain with Mahmudul Isla......elieved from the position of Managing Director of Grameen Bank, nor had he been given any opportunity to make any representation or to be heard in this regard. 17. Respondent No.2 had in the meantime formed a Review Committee with terms of reference which included examination of various aspects......er, there would be no order as to costs. Md. Mamtazuddin Ahmed J. – I Agree. Gobinda Chandra Tagore J. – I Agree. Ed. This Case is also Reported in: 63 DLR (2011) (HCD) 260. ......er, there would be no order as to costs. Md. Mamtazuddin Ahmed J. – I Agree. Gobinda Chandra Tagore J. – I Agree. Ed. This Case is also Reported in: 63 DLR (2011) (HCD) 260. ..Category: Banking Law | Date: 8 Mar, 2011 | Hits: 438
Ahammad Hossen alias Gura Miah Vs. State, 2011, 40 CLC (HCD)
....of the appellant. Communicate the order at once. AKM Zahirul Hoque J. - I agree. Ed. This Case is also Reported in: ......d order. 8. In view of the submission of the learned advocate for the appellant to the effect that the prosecution could not conclude the trial, we are of the view that justice would be met if a time is fixed for concluding the trial of the case. 9. Accordingly the appeal is disposed of wi......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: ......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: ..Category: Women and Children | Date: 1 Mar, 2011 | Hits: 103
Shammi Yasmin @ Suma alias Sreemoti Rafiqa Rani and others Vs. State, 2011, 40 CLC (HCD)
....ammi Yasmin @ Suma alias Sreemoti Rafiqa Rani……Appellant (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. Law......h the commitment that within 5 days she will be back and accordingly he returned home but after expiry of 5 days failing to get his daughter he asked to Chairman but he failed to do anything. At that time the accused Amena Bibi offered him some money and asked him not to take any legal action agains......ion 2(ta) of the Nari-O-Shishu Nirjatan Daman Ain the victim can not be said to be a child. In any view of the matter when the victim after remaining in the safe custody for about 10 months after her recovery from the custody of the accused person has asserted as well as reiterated the same version ...... 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
....ind 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.
......he surplus earth to their chosen site and accordingly, the plaintiff started the modified work relying upon the verbal assurance of the defendant No.6 that written sanction for extension of time for completion of work would be communicated later on. However, verbally the time for completio......r schedule. The plaintiff then submitted an application on 11.03.2002 to defendant No.6 for withdrawal of the penalty arbitrarily imposed upon him but to no effect. Hence, the suit was filed for recovery of money amounting to total Taka 5, 19,258.00 being the deducted amount of Taka 3, 73,369.0......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)
....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. Md. Mozibur Rahman Miah, Advcoate-For the respondent. Writ Petiti......nable price, but the bank did not allow him to do that, which compelled him to file the suit for perpetual injunction. The bank did not even make any attempt to sell the pledged goods at any point of time before or after institution of the Artha Rin Suit. 6. Mr. S. M. Moonir, the learned Advoca......ree is not yet satisfied. Let a copy of the judgment be communicated at once to the concerned executing Court. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......ree is not yet satisfied. Let a copy of the judgment be communicated at once to the concerned executing Court. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..Category: Banking Law | Date: 22 Feb, 2011 | Hits: 187
....
Md. Muzammel Hossain J
Surendra Kumar Sinha J
Hussain Fabrics Ltd. Represented by its Managing Director and another………….Petitioners
Vs.
Haji Momena Khatun and others............Respondents
Judgment ......t the defendant No.2 is the Managing Director of the company having overall supervision and control over the company. Kazi Golam Hussain was the father of the defendant No. 2 who at the relevant time used to serve in the Investment Board of Bangladesh as a Director and, as such, he was nei......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.
......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)
.... Vs. Bangladesh and others ……….............Respondents Judgment February 17, 2011. Result The Rule is discharged. Lawyers Involved: Arun Kumar Das, Advocate-For the Petitioner. Khurshid Alam Sarker with Khan Mohammad Shameem Aziz, Advocates-For the......ondent No. 2 has appeared and contested the Rule by filling an affidavit-in-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......d as being not maintainable. The order of stay passed by this Court at the time of issuance of the Rule is vacated. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......d as being not maintainable. The order of stay passed by this Court at the time of issuance of the Rule is vacated. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..Category: Banking Law | Date: 17 Feb, 2011 | Hits: 174
Abu Hanifa (Md.) Vs. Md. Shafiul Bashar and others, 2011, 40 CLC (AD)
....-11-2003 passed by a Division Bench of the High Court Division in Writ Petition No.7505 of 2002 is hereby affirmed. Ed. This Caseis also Reported in: 65 DLR (AD) (2013) 243. ......High Court Division has committed an error of law in coming to the conclusion, that the show cause notice served upon the writ petitioner had become irreleÂvant because of long gap between "the time of service of notice and the act of cancellaÂtion,but the said Division failed to consider tha......dgment and order dated 1-11-2003 passed by a Division Bench of the High Court Division in Writ Petition No.7505 of 2002 is hereby affirmed. Ed. This Caseis also Reported in: 65 DLR (AD) (2013) 243. ......dgment and order dated 1-11-2003 passed by a Division Bench of the High Court Division in Writ Petition No.7505 of 2002 is hereby affirmed. Ed. This Caseis also Reported in: 65 DLR (AD) (2013) 243. ..Category: Civil Law | Date: 15 Feb, 2011 | Hits: 8
Jamiul Hossain Vs. Government of Bangladesh & Others, 2011, 40 CLC (HCD)
....…Respondents Judgment February 15, 2011. Result: The Rule is made absolute. The proceeding 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 res......42. Special Power of Revenue-officer appointed with the additional designation of Settlement-Officer: A revenue-officer appointed with the additional designation of ' 'Settlement-Officer' may, at any time before the publication of final record-of-right, direct that any portion of the proceedings ref......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)
....missed 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 ......February, 1997 decreed the suit in preliminary form with interest. The Adalat thereupon drew up the preliminary decree. As the judgment debtors did not pay the decreetal amount within the stipulated time, the decree-holder Bank filed an application under Order 34 Rule 4 of the Code of Civil Procedu......re was direction to pay the decreetal money within a specified time and if the judgment-debtors failed to pay the decreetal amount, the decree-holder was authorized to sell the mortgaged property for recovery of the money. Therefore the provisions of Order 34 will be applicable in this matter. 7.......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
....reinafter SCSD REPORT ON CHILD DOMESTIC WORKERS].
......s of the country. The learned advocate submits that the children and women, who are engaged as domestic help, find themselves in a helpless situation being far away from home and no one to turn to in times of need. She points out that there is no record maintained by anyone with regard to the women ......ARK (SCSD), CHILD DOMESTIC WORKERS – LIVING INSIDE ROOM AND OUTSIDE LAW AND ROLE OF GOVT. AND CIVIL SOCIETIES IN BANGLADESH , 36-37 (2009) [hereinafter SCSD REPORT ON CHILD DOMESTIC WORKERS].
......ARK (SCSD), CHILD DOMESTIC WORKERS – LIVING INSIDE ROOM AND OUTSIDE LAW AND ROLE OF GOVT. AND CIVIL SOCIETIES IN BANGLADESH , 36-37 (2009) [hereinafter SCSD REPORT ON CHILD DOMESTIC WORKERS].
..
Category: Women and Children | Date: 15 Feb, 2011 | Hits: 265
Mohammad Abdus Sabur Vs. Agrani Bank, 2011, 40 CLC (HCD)
....ry 10, 2011. Result The Rule is discharged. Cases Referred to- 15 MLR (AD) 96, 13 BLC, 391; 14 BLC, 107 and 716. Lawyers Involved: Sk. Zulfiqur Bulbul Chowdhury, Advocate-For the Petitioner. Md. Shafiquel Islam Siddique, Advocate-For the Respondent. Writ Pe....... Zulfiqur Bulbul Chowdhury, the learned Advocate appearing for the petitioner supports the Rule submitting that the execution case in question was registered and admitted on 1.7.2003. The prescribed time of 150 days (90+60) for conclusion of an execution case under the Ain already expired on 2.12.2...... 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: ...... 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: ..Category: Banking Law | Date: 10 Feb, 2011 | Hits: 192
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