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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......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)

....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......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)

....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

Kanin (India)(P) Ltd. Vs. Registrar of Trade Marks, Dhaka and another, 2011, 40 CLC (HCD)

.... an application on form T.M-15 within one month from communication of the decision. On receipt of the grounds, the appellant would present the memo of appeal before the High Court Division within the time as prescribed in rule 84……..................(8) Decision of Registrar no bar......ment be communicated and the record be sent back to the Registrar of Trade Marks, Dhaka immediately. Nazmun Ara Sultana J.- I agree. This Case is also Reported in: 18 BLC (HCD) (2013) 44. ..

Category: Intellectual Property Law | Date: 30 Jan, 2011 | Hits: 183

Mosharraf Hossain (Md.) and others Vs. Akhtar Hossain, 2011, 40 CLC (HCD)

....s com­pleted in 1988 fulfilling the three conditions of law as such unless there been a trial it cannot be said that it was not perfect, as from 1988, upto 2004, it is more than 21 years and by this time the oral gift as was made is validated by factum valet. 13. On the question whether the p......e suit No.308 of 2009 expeditiously in accordance with law. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 218...

Category: Property Law | Date: 27 Jan, 2011 | Hits: 95

Nasirul Islam Vs. Bangladesh and others, 2011, 40 CLC (HCD)

.... 8. In view of the above we hold that the present writ petition is not maintainable. Accordingly the Rule is discharged without any order as to costs. The order of stay granted earlier at the time of issuance of the Rule is hereby vacated. The petitioner is permitted to take back his or......d to take back his original title documents those have been annexed with the writ petition substituting photocopies thereof. Nazmun Ara Sultana J.- I agree. This Case is also Reported in: ..

Category: Banking Law | Date: 27 Jan, 2011 | Hits: 172

M/S A-Z Knit Wears Ltd. and another Vs. City Bank Ltd. and others, 2011, 40 CLC (HCD)

....vely as respondent Nos.2 and 3 have appeared by filing two separate powers, but have not filed any affidavit-in-opposition. The City Bank Ltd. as respondent No.2, however, has opposed the Rule at the time of hearing. 5. Mr. Shamsuddin Babul, the learned Advocate appearing for the petitioner suppo...... without any order as to costs. The order of restraint granted at the time of issuance of the Rule is hereby vacated. Nazmun Ara Sultana J. I agree. Ed. This Case is also Reported in: ..

Category: Banking Law | Date: 26 Jan, 2011 | Hits: 185

Bangladesh National Women Lawyers Association (BNWLA) Vs. Government of Bangladesh, 2011, 40 CLC (HCD)

....desh and Nepal for public sexual harassment, street harassment or molestation of women by men. Whatever may be the real meaning, the word ‘eve teasing’ in our country has in the mean time attained notoriety to such extent that demands are abound even to change the term itself so tha......ns to be taken in the light of the directives/guidelines hereinabove. Md. Imman Ali J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 324, 18 BLC (HCD) (2013) 290. ..

Category: Women and Children | Date: 26 Jan, 2011 | Hits: 246

Mahbub Ahmed Chowdhury Vs. Chief Election Commissioner and others, 2011, 40 CLC (AD)

....by the Government. The competence of a Parliament to enact any law is to be determined with reference to the constitutional provisions in respect of the power of the Parliament as they exist at the time of enactment of the law…………….(39) Ultra Vires The word "ultra" means ......judgment and order passed by the High Court Division. Accordingly, the Civil Petition for Leave to Appeal is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 283. ..

Category: Constitutional Law | Date: 23 Jan, 2011 | Hits: 11