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

.... 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.   ......ns as under:— "Retirement of a Freedom Fighter.—(1) Notwithstanding anything contained to the contrary in section 4,a public servant, who is a freedom fighter, shall retire from service on the completion of the fifty nine year of his age. (2) If a public servant, as referr..

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

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

.... 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: ......ing for the respondent submits that the trial court committed no illegality in convicting him of the offence as alleged and further submits that the trial court has correctly assessed the evidence on record and rightly convicted and sentenced him and as such there is nothing to interfere in the impu...... 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

Mokles Uddin Bhuiyan Vs. Rabi Chowdhury, 2012, 41 CLC (HCD)

.... The order of status quo granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 471. ......­erty. The case of the present opposite party No.1 is false and liable to be dismissed. 4. The learned Assistant Judge, Singair, Manikganj after hearing the parties and considering the evidence on record allowed the said miscella­neous case and setting aside the order of auction dated 25-11-1975...... The order of status quo granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 471. ..

Category: Civil Law | Date: 11 Mar, 2011 | Hits: 185

Major (Retd.) Nurullah and another Vs. State and Bother, 2011, 40 CLC (HCD)

....n view of foregoing narrative, the application is rejected summarily. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 831. ......gladesh Army Act. So the proceedings under the Ain, 2000 is an abuse of the process of the Court which is liable to be quashed. 6. In order to appreciate his submissions we have gone through the record and given our anxious consideration to his submissions. 7. On going to materials on reco......n view of foregoing narrative, the application is rejected summarily. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 831. ..

Category: Women and Children | Date: 8 Mar, 2011 | Hits: 90

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

....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. ...... approval dated 28.09.1990 of Bangladesh Bank. In the next Detailed Inspection Report based on the accounts as of 31.12.2001, Bangladesh Bank did not make any observation regarding the appointment or service of the petitioner as the Managing Director, rather paragraph No.32 of the report dealt with ..

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

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

....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. ......issed in limini. 12. We have heard the learned Counsels appearing for both the parties, perused the impugned judgment and order passed by the High Court Division and other materials available on record.  13. In the instant case there is a provision for arbitration in Clause 25 of the ......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)

....53,52,404.28 (Taka fifty-three lac fifty-two thousand four hundred four and Paisa twenty-eight) only as calculated on 31.8.2004. The suit was ultimately decreed ex parte on 18.11.2004 without sale of goods those were pledged by the petitioner as a primary security against his credit. The decree hold......nction restraining it from selling the pledged goods. The bank also admits that the goods could not be sold even in course of the execution proceedings as those were already rotten. We do not find in record that the bank made any attempt to sell the pledged goods, although it obtained permission fro......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)

....junction against the plaintiff. The plaintiff No.2 Mahbubur Rahman with the help of bad elements, police force and Ansars entered into the industry of M/S Hussain Fabrics Ltd and looted away valuable goods and machineries violating the order of injunction of the High Court Division and the order of ......ry evidence and that they were inducted into possession pursuant to the baina­patra executed by the defendants. He also submits that the High Court Division having considered material evidence on record found that the learned Judge of the trial court correctly found the posses­sion of the pl......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

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

....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. ......d Advocate for both the parties and perused the impugned judg­ment and order of the High Court Division, con­cise statements submitted on behalf of the parties and also other materials available on record. 7.  It appears that the respondent No.1 was appointed as temporary Nikah Registrar on ......rt 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 that the li..

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

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

....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. ......ither decides the complicated question of title nor the disputed question of fact.....................(34) Cases Referred to- Md. Aftab Ali Sheikh Vs. Director Land Records, Directorate of land records and surveys, Tejgaon, Dhaka and others, 11 MLR (HC) (2006) 226; Md. Aftab Ali Sheikh Vs. Dir......on shall be supplied free-of charge, and all objections shall as far as practicable, he made in such forms. Along with the original objection, the objector shall file a copy or copies of the same for service on all other persons who, in the opinion of the Revenue-Officer are materially interested in..

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)

....ct of subsequent costs, charges, expenses and interest, and the balance, if any, be paid to the defendant or other persons entitled to receive the same. 8. Sub-rule (2) provides "The Court may, on good cause shown and upon terms to be fixed by the Court, from time to time, at any time before a fi......bject to the provisions of section 7. In the premises, the High Court Division is perfectly justified in quashing the order dated 24th April, 2003 of the Adalat. 16. On perusal of the materials on record, particularly the preliminary decree and the application for drawing up final decree, we have......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)

....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]. ......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 and children employed in the domestic sector an......d, are totally excluded from purview of the existing Labour Act. She submits that it cannot be denied that persons engaged as workers inside the house within the household of any family are rendering service for long hours doing all kinds of work and yet they are not getting the recognition of being..

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

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

..... The executing Court is fully empowered to pass an order of civil imprisonment directly when no auction sale is possible to be held for any reason [see 15 MLR (AD) 96]. By now it has been settled in good number of cases that a show cause notice under Order XXI rule 37 the Code of Civil Procedure is...... 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

Promoda Sundari Sen Kalyan Trust Vs. Momtaz Zafar Ahmed and Others, 2011, 40 CLC (HCD)

....rder as to cost Let a copy of the Judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 53     ...... arise at all. 15. Mr. Shamim Khaled Ahmed, the learned Advocate finally relying on the decision reported in 75 BLT 425: 12 BLC 723 submits that in this case it is apparent from the materials on record that the delivery of possession of the suit property has not yet been handed over to the auct......rder as to cost Let a copy of the Judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 53     ..

Category: Banking Law | Date: 9 Feb, 2011 | Hits: 2

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

.... entitlement to get benefit of the said circular dated 24.3.2010. 5. Mr. Abdul Jalil, the 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 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: ......rcular for taking/giving exemption of interest has also expired on 31.12.2010. 8. Since the petitioner had filed his application before the executing Court on 15.4.2010 i.e. within 31.12.2010 on service of a copy upon the learned Advocate for the decree holder-bank, and the prescribed time for ..

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)

....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: ......d been confirmed and the sale certificate was also registered. Subsequently the auction purchaser sold the property to these respondents, who went into possession over the auctioned property, got the record mutated in their names and paid rent and development taxes to the respective land office. 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

Md. Tota Howlader Vs. State, 2011, 40 CLC (HCD)

....f the appellant if he misuses the privilege of bail in any manner what so ever. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 355.......ondent opposes the appeal and submits that there are specific allegations against the appellant so his bail should not be granted. In order to appreciate their submissions we have gone through the record and given our anxious consideration to their submissions. 6. On going to the materials on ......f the appellant if he misuses the privilege of bail in any manner what so ever. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 355...

Category: Women and Children | Date: 1 Feb, 2011 | Hits: 178

Shamsunnur Rahman Vs. State, 2011, 40 CLC (HCD)

.... In view of the foregoing narrative the petition of appeal is rejected. Office is directed to communicate the judgment and order at once. Ed. This Case is also Reported in: 16 BLC (2011) 895.......e Act, 2000 the appellant seeks to set aside the order dated 13-10-2010 passed in Nari-o-Shishu case No. 86 of 2007, keeping the application for issuing summons to the charge sheeted witness with the record. 2. Facts, in brief, are that, informant Ramana Akhter Tuli, student of class-X made an al...... In view of the foregoing narrative the petition of appeal is rejected. Office is directed to communicate the judgment and order at once. Ed. This Case is also Reported in: 16 BLC (2011) 895...

Category: Women and Children | Date: 31 Jan, 2011 | Hits: 127

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

....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. ......files any fresh application for registration of the trade mark, respondent No.2 will be entitled to file opposition case in opposition thereto. Let a copy of the judgment be communicated and the record be sent back to the Registrar of Trade Marks, Dhaka immediately. Nazmun Ara Sultana J.- ......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

Mirza Ahsan Habib Vs. The Judge, Artha Rin Adalat and another, 2011, 40 CLC (HCD)

....er section 33(5) of the Ain will, however, remain with the bank and may also be disposed of in accordance with law. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 579.   ......ĻĒ āĻŽāĻžāĻŽāϞāĻž āφāĻĻāĻžāϞāϤ⧇ āĻ•āĻžāĻ°ā§āϝāĻžāĻ°ā§āĻĨ⧇ āĻ—ā§āϰāĻšāύ āύāĻž āĻ•āϰāĻŋ⧟āĻž āϏāϰāĻžāϏāϰāĻŋ āĻ–āĻžāϰāĻŋāϜ āĻ•āϰāĻŦ⧇āĨ¤” 8.  It appears from the record that the first execution case was disposed of on 4-8-2005 and the second execution case was f......er section 33(5) of the Ain will, however, remain with the bank and may also be disposed of in accordance with law. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 579.   ..

Category: Banking Law | Date: 29 Jan, 2011 | Hits: 2