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Alomgir Hossain alias Abdul Aziz Vs. State, 2011, 40 CLC (HCD)

....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: ..

Category: Criminal Law | Date: 15 Mar, 2011 | Hits: 76

M.A. Bari Talukder Vs. Agrani Bank & others, 2011, 40 CLC (AD)

....eventy three thousand two hundred fifty five) against this peti­tioner 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 ......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. ..

Category: Banking Law | Date: 14 Mar, 2011 | Hits: 247

Anwarul Alam (Md.) Vs. Pubali Bank Ltd and others, 2011, 40 CLC (HCD)

....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.   ..

Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2011 | Hits: 3

Md. Nazim Vs. State, 2011, 40 CLC (HCD)

....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...... 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: ..

Category: Women and Children | Date: 13 Mar, 2011 | Hits: 133

Professor Muhammad Yunus Vs. Bangladesh, 2011, 40 CLC (HCD)

....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......k. 7. Accordingly, the then Chairman of the Board of Directors of Grameen Bank, shortly the Board, by a letter dated 14.08.1990 requested Bangladesh Bank to accord approval of the petitioner’s appointment under Section 14(1) of the Ordinance stating that the Board, in its meeting held on 13.0..

Category: Banking Law | Date: 8 Mar, 2011 | Hits: 438

Ahammad Hossen alias Gura Miah Vs. State, 2011, 40 CLC (HCD)

....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: ..

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)

....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...... 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

Executive Chairman, Bangladesh Export Processing Zones Authority (BEPZA) Vs. M/s. Abdul Mannan and anothers, 2011, 40 CLC (AD)

....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......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)

....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: ..

Category: Banking Law | Date: 22 Feb, 2011 | Hits: 187

Hussain Fabrics Ltd. Represented by its Managing Director and another Vs. Haji Momena Khatun and others, 2011, 40 CLC (AD)

....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......rity bond (Exhibit 9) original lease deed (Exhibit 10), letters issued by defendant No. 2 to Alhaj Monsurur Rahman (Exhibit 11 series), complaint petition case No. 5877 of 2001 (Exhibit 14), order of appointment of 10 Ansars with payment receipt (Exhibit 15 series), plaint of Title Suit No. 1 of 199..

Category: Civil Law | Date: 17 Feb, 2011 | Hits: 5

Sanjoy Roy Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....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: ..

Category: Banking Law | Date: 17 Feb, 2011 | Hits: 174

Abu Hanifa (Md.) Vs. Md. Shafiul Bashar and others, 2011, 40 CLC (AD)

....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 irrele­vant because of long gap between "the time of service of notice and the act of cancella­tion,but the said Division failed to consider tha......making the Rule absolute and declaring the memo No.1229 Bichar 7/2N-170/78 (Angsha-1) dated 14-11-2002 revoking the licence of Nikah Registrar of the writ petitioner-respondent No.1 and approving the appointment of the writ respondent No. 4 appellant as Nikah Registrar on temporary basis to be witho..

Category: Civil Law | Date: 15 Feb, 2011 | Hits: 8

Jamiul Hossain Vs. Government of Bangladesh & Others, 2011, 40 CLC (HCD)

....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. ..

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)

....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......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

Bangladesh National Women Lawyers Association Vs. Cabinet Secretary, Bangladesh Secretariat, Dhaka and others, 2011, 40 CLC (HCD)

....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]. ..

Category: Women and Children | Date: 15 Feb, 2011 | Hits: 265

Mohammad Abdus Sabur Vs. Agrani Bank, 2011, 40 CLC (HCD)

..... 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: ..

Category: Banking Law | Date: 10 Feb, 2011 | Hits: 192

Nazim Uddin Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....shed to sell third party’s mortgaged property without sale of hypothecated movable property of the borrower. In view of the above, the Rule is discharged. The order of stay passed at the time of issuance of the Rule is vacated. Nazmun Ara Sultana J.- I agree. Ed. This Cas......of the above, the Rule is discharged. The order of stay passed 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: 9 Feb, 2011 | Hits: 162

Sohrab Hossain (Md.) & others Vs. State & another, 2011, 40 CLC (HCD)

....oviso to sub-section (1) of section 138 of the Act it is apparent that the "Drawee", the "Payee" and the "Drawer" are the parties who shall meddle in the matter from the time of issuance of the cheque and up to the failure of the "Drawer" to make the payment o...... of the Code. 11. For the discussions made above, we find no merit in the Rule. Accordingly, this Rule is discharged. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 215. ..

Category: Others | Date: 3 Feb, 2011 | Hits: 4

Aslam Khan Vs. Artha Rin Adalat, Moulvibazar and another, 2011, 40 CLC (HCD)

....learned Advocate appearing for the petitioner at the very out set honestly admits that he has not a very good case on merit as the petitioner did not approach the bank by filing an application within time to get the benefit of the above mentioned circular. The learned Advocate, however, prays for a ...... to the Manager, Sonali Bank Ltd., Bhairabganj Bazar Branch, Moulvibazar and also to the concerned executing Court. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..

Category: Banking Law | Date: 2 Feb, 2011 | Hits: 217

Md. Nasurullah alias Nasu Vs. Artha Rin Adalat No. 4, Dhaka and others, 2011, 40 CLC (HCD)

....ousand seven hundred six) only against the petitioner’s parents Taimur Ali and Nasira Bibi. The suit was ultimately decreed ex parte on 22.3.2005 (decree signed on 29.3.2005) giving 60 (sixty) days time to the judgment debtors to pay the decretal amount in favour of the decree holder-bank. As the ......perty. Lat a copy of the judgment be communicated to the concerned executing Court for future guidance as well. Nazmun Ara Sultana J.- I agree Ed. This Case is also Reported in: ..

Category: Banking Law | Date: 2 Feb, 2011 | Hits: 175