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Prime Global Ltd and others Vs. Artha Ain Adalat No.4, Dhaka and others, 2010, 39 CLC (HCD)

....eous Case No. 390 of 2008 (arising out of Artha Rin case No. 291 of 2003) is without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 205 ...... High Court Division (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Sheikh Hassan Arif J Prime Global Ltd and others.........................Petitioners Vs. Artha Ain Adalat No.4, Dhaka and others.................Responded Judgment August......eous Case No. 390 of 2008 (arising out of Artha Rin case No. 291 of 2003) is without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 205 ...... August 23, 2010. Result: The rule is made absolute. Cases Referred to- Abul Khair Miah Vs. Abdul Latif Sarker, 32 DLR (AD) 167. Lawyers Involved: Mahmudul Islam with Md. Asaduzzaman with Anita Rahman and Nazia Kabir, Advocates—For the Petitioners. Hosne A..

Category: Banking Law | Date: 23 Aug, 2010 | Hits: 2

Abdur Rashid Gazi Vs. Nur Ali Gazi and others, 2010, 39 CLC (HCD)

.... Noorjahan Begum Vs. Mahmudur Rahman Mullick and others, 34 DLR (AD) 61; Santosh Kumar Dey Vs. Hiron Chandra, 15 BLD 221; Nur Mohammad Khan and others Vs. Government of the People's Republic of Bangladesh and others, 42 DLR 434; Rupe Jahan Begum and others Vs. Lutfe Ali Chowdhury and others, ......LT (HCD) (2010) 315. ......he time of issuance of the Rule is hereby recalled and vacated. Send down the lower Courts' records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 315. ...... the lower Courts' records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 315. ..

Category: Procedural Law | Date: 10 Aug, 2010 | Hits: 4

Ferdous Khan @ Alamgir Vs. Islami Bank Bangladesh Ltd. and another, 2010, 39 CLC (HCD)

....eous Jurisdiction) Present: Salma Masud Chowdhury J Md. Rezaul Hasan J Ferdous Khan @ Alamgir………………………......................Petitioner Vs. Islami Bank Bangladesh Ltd. and another………………………Opposite party Judgment August 1, 20...... (Criminal Miscellaneous Jurisdiction) Present: Salma Masud Chowdhury J Md. Rezaul Hasan J Ferdous Khan @ Alamgir………………………......................Petitioner Vs. Islami Bank Bangladesh Ltd. and another………………………Opposite party Judg......d from his bail bond. The order of stay granted earlier by this Court shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 540. ...... Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 540. ..

Category: Banking Law | Date: 1 Aug, 2010 | Hits: 657

Rehana Begum and another Vs. State, 2010, 39 CLC (HCD)

....sult, the appeal is dismissed. Send down the Lower Court Record at once. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 75; 30 BLD (HCD) (2010) 448. ......eme Court High Court Division (Criminal)  Present: Salma Masud Chowdhury J Md. Rezaul Hasan J Rehana Begum and another………………………Convict-Appellant (In Jail). Vs. The State………………………Respondent. Judgment August 1, 2010. Result: ......sult, the appeal is dismissed. Send down the Lower Court Record at once. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 75; 30 BLD (HCD) (2010) 448. ...... at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 75; 30 BLD (HCD) (2010) 448. ..

Category: Women and Children | Date: 1 Aug, 2010 | Hits: 227

Md. Zahirul Islam Vs. Adamjee Jute Mills Ltd., 2010, 39 CLC (HCD)

....ntiff is a limited company under the Companies Act, 1913 which was subsequently nationalized under the President's Order No.27 of 1972 and placed for its management, supervision and control under the Bangladesh Jute Mills Corporation, a statutory body created pursuant to the said President's Order N......(2010) 420. ......ntiff opposite party's suit is dismissed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 420. ......nce. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 420. ..

Category: Limitation Law | Date: 20 Jul, 2010 | Hits: 38

S.M. Saiful Hasan Vs. Director General, Bangladesh Sugarcane Research Institute and others, 2010, 39 CLC (HCD)

....cial Original Jurisdiction) Present: Zubayer Rahman Chowdhury J Farah Mahbub J S.M. Saiful Hasan……………….....................Petitioner Vs. Director General, Bangladesh Sugarcane Research Institute and others…......Respondents Judgment July 18, ......gh Court Division (Special Original Jurisdiction) Present: Zubayer Rahman Chowdhury J Farah Mahbub J S.M. Saiful Hasan……………….....................Petitioner Vs. Director General, Bangladesh Sugarcane Research Institute and others…......Respondents ......here will be no order as to costs. The order of stay granted earlier by this court stands vacated. Zubayer Rahman Chowdhury J. - I agree. Ed. This Case is also Reported in: ......vision observed that- “If the order of termination, on the face of it, does not entail any stigma or does not refer to any allegations, the termination is simplicitar.” vide Bangladesh Bank Vs. Md. Abdul Mannan, 46 DLR (AD) 1 at paragraph 7 …………………….(8) If anyone is an em..

Category: Employment/Service Law | Date: 18 Jul, 2010 | Hits: 5

Abeda Khatun and others Vs. Md. Idris Mia and others, 2010, 39 CLC (HCD)

....order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 308. ......gh Court Division (Civil) Present: Borhanuddin J Abeda Khatun being dead her heirs: Hafizuddin, son of late Ali Akbar and others……………………Defendant-Petitioners Vs. Md. Idris Mia son of late Korban Ali and others…………………Defendant-opposite par...... 286; Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 29 DLR (SC) 185. Lawyers Involved: Md. Ashraful Alam, Advocate - For the Petitioner. Shamsuddin Babul with Kanai Lal Shaha, Advocates - For the Opposite Parties. Civil Revision No.4922 of 2002. Judgment ......Division (Civil) Present: Borhanuddin J Abeda Khatun being dead her heirs: Hafizuddin, son of late Ali Akbar and others……………………Defendant-Petitioners Vs. Md. Idris Mia son of late Korban Ali and others…………………Defendant-opposite parties ..

Category: Procedural Law | Date: 14 Jul, 2010 | Hits: 3

ATM Salim Chowdhury Vs. State, 2010, 39 CLC (HCD)

....tioner paid Tk. 50,000/- in cash and in order to repay the balance amount the accused-petitioner issued a cheque dated 09.10.2007 for Tk. 8,50,000/- in favour of the complaint, drawn upon Islami Bank Bangladesh Ltd., Taltola Branch, Sylhet. The complainant placed the said cheque for encashment, but ......gh Court Division (Criminal Miscellaneous Jurisdiction) Present: Salma Masud Chowdhury J Md. Rezaul Hasan J ATM Salim Chowdhury...............................Petitioner Vs. The State.................................................Opposite party Judgment ......anted earlier by this Court shall stand vacated. Communicate the order at once. Salma Masud Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 494. ......d. This Case is also Reported in: 31 BLD (HCD) (2011) 494. ..

Category: Banking Law | Date: 13 Jul, 2010 | Hits: 187

AL-Arafah Islami Bank Limited Vs. M/S. Nobel Enterprise, 2010, 39 CLC (HCD)

....ereafter the decree holder under Section 44A(1) of the Code of Civil Procedure (briefly as the Code) filed the certified copy of the said decree in the Court of District Judge, Dhaka for execution in Bangladesh and Money Execution Case No.01 of 2004 was started. Then, the learned District Judge tran......urt High Court Division (Civil Revisional Jurisdiction) Present: Syed Md. Ziaul Karim J Md. Nuruzzaman J AL-Arafah Islami Bank Limited……………………………Petitioner Vs. M/S. Nobel Enterprise………………………………..Opposite party Judgment July......on Case No. of 2004 within four months from the date of receipt of this order. Office is directed to send down the record at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 351. ......rected to send down the record at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 351. ..

Category: Procedural Law | Date: 12 Jul, 2010 | Hits: 28

Kohinoor Chemical Co. (BD) Limited Vs. Unilever Bangladesh Limited, 2010, 39 CLC (HCD)

....ate Jurisdiction) Present: SM Ziaul Karim J Md. Nuruzzaman J Kohinoor Chemical Co. (BD) Limited.………………..Appellant Vs. Unilever Bangladesh Limited…………………Respondent Judgment ...... (Civil Appellate Jurisdiction) Present: SM Ziaul Karim J Md. Nuruzzaman J Kohinoor Chemical Co. (BD) Limited.………………..Appellant Vs. Unilever Bangladesh Limited…………………Responde...... aforesaid observations Civil Rule No.931 (FM) of 2009 is disposed of. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 60. ......er at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 60. ..

Category: Intellectual Property Law | Date: 11 Jul, 2010 | Hits: 269

Monir Hossain (Md.) and anothers Vs. Bangladesh and others, 2010, 39 CLC (AD)

.... Md. Abdul Matin J SAN Mominur Rahman J ABM Khairul Haque J MM. Hossain J SK Sinha J Monir Hossain (Md.) and anothers........................Petitioners Vs. Bangladesh and others........................................Respondents Judgment July 11......Karim CJ Md. Abdul Matin J SAN Mominur Rahman J ABM Khairul Haque J MM. Hossain J SK Sinha J Monir Hossain (Md.) and anothers........................Petitioners Vs. Bangladesh and others........................................Respondents Judgment ......No.2081 of 2008. The petition is accordingly dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 41, VIII ADC (2011) 404, 8 LG (AD) (2011) 141, 16 MLR (AD) (2011) 245. ......d in: 16 BLC (AD) (2011) 41, VIII ADC (2011) 404, 8 LG (AD) (2011) 141, 16 MLR (AD) (2011) 245. ..

Category: Employment/Service Law | Date: 11 Jul, 2010 | Hits: 104

Bangladesh Legal Aid and Services Trust and Others Vs. Government of Bangladesh and Others, 2010, 39 CLC (HCD)

.... also Reported in: 16 MLR (HCD) (2011) 61; 63 DLR (2011) 1.......alahuddin Dolon……………………….Petitioner (In Writ Petition No. 754 of 2010). Mahbub Shafique and others………………………..Petitioners (In Writ Petition No. 4275 of 2010). Vs. Government of Bangladesh and Others………………………..Respondents. Judgment J...... Children's Affairs and the Inspector General of police by a special messenger of the Court at the costs of the office. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 61; 63 DLR (2011) 1.......Present: Syed Mahmud Hossain J Gobinda Chandra Tagore J Bangladesh Legal Aid and Services Trust and Others…………………….Petitioner (In Writ Petition No. 5863 of 2009). Advocate Md. Salahuddin Dolon……………………….Petitioner (In Writ Petition No. 754 of 2010). Ma..

Category: Women and Children | Date: 8 Jul, 2010 | Hits: 335

Chairman, National Board of Revenue (NBR) Vs. Advocate Zulhas Uddin Ahmed and others, 2010, 39 CLC (AD)

....t: Mohammad Fazlul Karim CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J Md. Muzammel Hossain J Surendra Kumar Sinha J The Chairman, National Board of Revenue (NBR), Shegunbagicha, Dhaka, Bangladesh............…Petitioner Vs. Advocate Zulhas Uddin Ahmed and others.............Respond......ul Matin J Shah Abu Nayeem Mominur Rahman J Md. Muzammel Hossain J Surendra Kumar Sinha J The Chairman, National Board of Revenue (NBR), Shegunbagicha, Dhaka, Bangladesh............…Petitioner Vs. Advocate Zulhas Uddin Ahmed and others.............Respondents Judgment July 8, 2010. Result...... of the learned Assistant Attorney General appearing for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 457; 18 BLC (AD) (2013) 52. ...... Case is also Reported in: 15 MLR (AD) (2010) 457; 18 BLC (AD) (2013) 52. ..

Category: Health Law | Date: 8 Jul, 2010 | Hits: 376

Dhirendra Nath Mondal Vs. Agrani Bank Ltd and others, 2010, 39 CLC (HCD)

....3 of 2001 is hereby affirmed. However, there will be no order as to costs. Send down the lower Court's record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 301. ......on) Present: Quamrul Islam Siddiqui J         Borhanuddin J     Dhirendra Nath Mondal..................Appellant Vs.  Agrani Bank Ltd and others.............Respondents Judgment   &nb......3 of 2001 is hereby affirmed. However, there will be no order as to costs. Send down the lower Court's record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 301. ...... (SC) 515; the case of Shamsuddin Khan Vs. Shamsuzzaman, reported in 22 DLR 655; the case of Noor Mohammad Vs. Moulavi Moinuddin Ahmed, reported in 1986 BLD (AD) 342 and also the case of Shahidullah (Md.) Vs. Abdus Sobhan Taslukder, reported in 49 DLR 248. 8. Relating to ouster of jurisdiction ..

Category: Civil Law | Date: 7 Jun, 2010 | Hits: 6

Md. Sahab Uddin Vs. State and another, 2010, 39 CLC (HCD)

....ument Act, 1881, alleging, amongst others, that in order to repay a loan due to the complainant the accused petitioner issued three cheques, in favour of the complainant, all drawn on the Islami Bank Bangladesh Ltd., Chauk Bazar Branch, one dated 28.05.2008 for Tk. 5,20,000/- another one dated 10.06......n: 17 MLR (HCD) (2012) 467. ......ult, the rule is discharged. The order of stay granted earlier by this Court shall stand vacated. Communicate the order at office. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 467. ......d. Communicate the order at office. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 467. ..

Category: Civil Law | Date: 30 May, 2010 | Hits: 43

Abul Hashem Vs. State, 2010, 39 CLC (HCD)

....e set at liberty at once if not wanted in connection with any other case. Send down the LC records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)16.   ...... Court High Court Division (Criminal Appellate Jurisdiction) Present: AFM Abdur Rahman J SM Emdadul Hoque J Abul Hashem and 2 others....................Appellants Vs. State…………………………&helli......e set at liberty at once if not wanted in connection with any other case. Send down the LC records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)16.   ......inst the accused-persons and submitted charge-sheet being CS No.11 dated 30-1-99 under sections 302/109/34 of the Penal Code. He further deposed that FIR from filed up and signed by officer in charge Md. Abdur Rashid. He proved the FIR and the signature of Abdur Rashid as marked Exhibit 3, 3(1) and ..

Category: Evidence Law | Date: 26 May, 2010 | Hits: 8

Commissioner of Customs and others Vs. M/S. Sunlit Fashion Limited, 2010, 39 CLC (AD)

.....2001 are not clear to them and that since the finished garments were exported to France, objection it any could be raised only by the consignee at France and the sending back of said consignments to Bangladesh by the above consignee at France could be natural but on what authority the containers we...... Appellate Division (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Commissioner of Customs and others……............Appellants Vs. M/S. Sunlit Fashion Limited..................................Respondent Judgment May 19...... order dated 2.11,2002 passed by the High Court Division is set aside. The appeal is allowed without any order as to cost. This Case is also Reported in: 16 MLR (AD) (2011) 54, VIII ADC (2011) 29. ...... allowed without any order as to cost. This Case is also Reported in: 16 MLR (AD) (2011) 54, VIII ADC (2011) 29. ..

Category: Fiscal/Taxation Law | Date: 19 May, 2010 | Hits: 63

Roshanally Mohamed Harji and another Vs. AKM Zakir Hossain and another, 2010, 39 CLC (HCD)

....ut any order as to costs. Sent down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 85; 20 BLT (HCD) (2012) 532 . ......ision (Civil Appellate Jurisdiction) Present: Sharif Uddin Chaklader J Md. Nuruzzaman J Roshanally Mohamed Harji and another……………………Defendant-Appellants Vs. AKM Zakir Hossain and another………………………Respondents Judgment May...... Amin, 10 MLR (AD) 249 = 57 DLR (AD) 64; Joynab Begum Vs. Shaheb Ali Akunji, 12 MLR 337; Shamsul Haque Vs. Sarafat Ali, 46 DLR 57; Reliable Jute Traders Vs. Sonali Bank, 7 BLC 16; Syed Ali Sarder Vs. Shahabuddin Ahmed Chowdhury, 18 DLR 198. Lawyers Involved: AJ Mohammad Ali, with Md. Iqbal......also Reported in: 16 BLC (HCD) (2011) 85; 20 BLT (HCD) (2012) 532 . ..

Category: Property Law | Date: 12 May, 2010 | Hits: 133

Aftab Automobiles Ltd Vs. Superintendent Customs, Excise & VA, 2010, 39 CLC (HCD)

....ry challan as Government revenue. 2. Material facts necessary for the disposal of the Rule, in short/are as under: The petitioner, Aftab Automobiles Limited, is a limited company incorporated in Bangladesh under the Companies Act. The petitioner is registered with Vat authority and is engaged i......Jurisdiction) Present: Zinat Ara J         Syed Abu Kowser J Aftab Automobiles Ltd ........................................Petitioner Vs. Superintendent Customs, Excise & VAT & others……................Respon...... 33. The order of stay granted earlier by the court stands vacated. Communicate the judgment to the respondents at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 138. ...... 33. The order of stay granted earlier by the court stands vacated. Communicate the judgment to the respondents at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 138. ..

Category: Fiscal/Taxation Law | Date: 10 May, 2010 | Hits: 6

Bangladesh Vs. Raj Rajashore Cakra Narayan Jiue Deity and others, 2010, 39 CLC (HCD)

.... J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 340. ......sent: Shahidul Islam J Md. Rais Uddin J Bangladesh, repre­sented by the Deputy Commissioner, Sirajgonj……………………Appellant Vs. Raj Rajashore Cakra Narayan Jiue Deity and others……………&h......er Class Suit No.398 of 1981 is hereby affirmed. Send down the lower Court records at once. Shahidul Islam J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 340. ......e. Shahidul Islam J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 340. ..

Category: Evidence Law | Date: 10 May, 2010 | Hits: 161