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GK Brothers and another Vs. Imperial Chemical Industries Bangladesh Limited, 2011, 40 CLC (HCD)
.... 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 ...... vi) What amount is payable by the decree holder towards income tax for getting the kabala deed executed and registered? vii) Whether the impugned Judgment and decree are sustainable in law? 12. Let us take up issue No. i, ii, iii and iv together for consideration and decision:&md..Category: Civil Law, Procedural Law | Date: 20 Mar, 2011 | Hits: 2
Md. Ferajtullah Sheikh Vs. Md. Yusuf Ali and others, 2011, 40 CLC (HCD)
....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: ......appearing for the petitioner submits that the lower appellate Court without any independent discussion over the issues mechanically dittoed the trial Court’s judgment and thereby committed error of law resulting in an error in the decision occasioning failure of justice. She further submits that s..Category: Property Law | Date: 20 Mar, 2011 | Hits: 59
Chunnu Vs. State, 2011, 40 CLC (HCD)
....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 ...... that Rafia dealt blow on the right side of the chest, Alia on the left-wrist and Chunnu on the right elbow and others dealt blows with hockey-sticks. 13. Another family member P.W. 5, sister-in-law of the deceased, also supported the prosecution case by and large. She deposed that while she al..Category: Procedural Law | Date: 15 Mar, 2011 | Hits: 6
M.A. Bari Talukder Vs. Agrani Bank & others, 2011, 40 CLC (AD)
....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. ...... benefit of section 47 of the Artha Rin Adalat Ain, 2003. 5. Mr. Syed Amirul Islam, the learned Senior Advocate for the writ petitioner, has argued that the Artha Rin Adalat Ain, 2003 is a special law and the special provisions which have been incorporated in this law shall have to be followed ..Category: Banking Law | Date: 14 Mar, 2011 | Hits: 247
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. ......405/09, dated 25-2-2009 (Annexure-D) purported to have been issued by the respondent No.7 allowing the petitioner to go on LPR from 25-2-2009 should not be declared to have been made without any lawful authority and hence, of no effect. 2. Facts, in brief, are that the petitioner being a f..Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2011 | Hits: 3
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. ......ction 115(1) of the Code of Civil Procedure and obtained the Rule. 7. Mr. M Asif Hasan, the learned Advocate appearing on behalf of the petitioner submitted that both the Courts committed error of law resulting in an error of decision occasioning failure of justice in not considering that the sum..Category: Civil Law | Date: 11 Mar, 2011 | Hits: 185
Professor Muhammad Yunus Vs. Bangladesh, 2011, 40 CLC (HCD)
....able to say that the subordinate law cannot be applied to the act done or proceeding taken under the parent law. But once any subordinate law is made, no further subordinate law can be made by way of amending the existing subordinate law or otherwise, taking away any vested right acquired under the ...... In the impugned order dated 27.02.2011, it has been judged that it is not valid for the petitioner to continue holding the post of Managing Director of Grameen Bank and in view thereof he is not the lawful Managing Director of the Bank as the age of superannuation being 60 years under the Grameen B..Category: Banking Law | Date: 8 Mar, 2011 | Hits: 438
Shammi Yasmin @ Suma alias Sreemoti Rafiqa Rani and others Vs. State, 2011, 40 CLC (HCD)
.... 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: ...... to the accused Suman and like to stay with her husband as his wife and the trial court committed gross illegality in rejecting her application and as such the impugned judgment is not sustainable in law, which is liable to set side. 8. Mr. Md. Khorshed Alam Khan, the learned advocate appearing f..Category: Women and Children | Date: 27 Feb, 2011 | Hits: 82
....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.
......titions for Leave to Appeal before this Court.
10. Mr. Bodruddoza, the learned Advocate appearing on behalf of the petitioners in both the petitions submits that the High Court Division erred in law in passing the impugned judgment and order on the issue of the existence Arbitration Clause and ..
Category: Civil Law | Date: 23 Feb, 2011 | Hits: 10
Mohammad Ali Vs. Bangaldesh Bank and others, 2011, 40 CLC (HCD)
....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: ......y affidavit-in-opposition the bank admitted that although there was no ad-interim order of injunction against the bank in Other Class Suit No.81 of 2001, it did not sell the goods under advise of its lawyer. The pledged goods were perishable and were already rotten, for which it could not be sold ev..Category: Banking Law | Date: 22 Feb, 2011 | Hits: 187
....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.
......o serve in the Investment Board of Bangladesh as a Director and, as such, he was neither Chairman nor Director nor anybody in the said company and there is no such expression in the company law, namely, "Authority". In order to grab the property the predecessor of the plaintiffs-..
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. ......e Nikah registrar holding temporary license, the government is at liberty to hold an inquiry into the matter after giving the Nikah registrar a notice to show cause and thereafter take steps as per law and if necessary cancel his licence.………………..(7) Cases Referred to- University of..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. ......1 and the notice dated 14.7.2002 issued by respondent No.3 contained in annexure-H to the writ petition for rehearing of above 3 cases on 24.07.2002 should not be declared to have been passed without lawful authority and are of no legal effect and/or pass such other or further order or orders as to ..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)
....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 ......ecree on that date. Thereupon the respondent Nos.1 and 2 moved the High Court Division a writ petition challenging the said order of drawing up the final decree on the ground that the Adalat erred in law in drawing up the final decree after the expiry of three years from the date of the preliminary ..Category: Banking Law | Date: 15 Feb, 2011 | Hits: 189
....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].
...... J. - By this application under Article 102 of the Constitution the plight of child domestic workers has been brought to our notice by BNWLA, which is an established and reputed organization of women lawyers, who deal with empowerment of women and welfare of children, and protection of their rights...
Category: Women and Children | Date: 15 Feb, 2011 | Hits: 265
Mohammad Abdus Sabur Vs. Agrani Bank, 2011, 40 CLC (HCD)
.... 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: ......s (90+60) for conclusion of an execution case under the Ain already expired on 2.12.2003. Therefore, the continuance of the execution case in question after expiry of 2.12.2003 is beyond the scope of law and as such without lawful authority. The learned Advocate further submits that the executing Co..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 ......me suit land the Artha Rin Adalat passed a decree in Artha Rin Case No.771 of 2004 and thereafter, the suit property was sold in auction in Artha Rin Execution Case No. 638 of 2004 in accordance with law. 8. Being aggrieved by the aforesaid judgment and decree of two Courts below the present pl..Category: Banking Law | Date: 9 Feb, 2011 | Hits: 2
Shah Alam (Md.) Vs. State and another, 2011, 40 CLC (HCD)
....e trial Court shall proceed with the case in accordance with law. Send a copy of the judgment and order to the Court below at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 137. ......ase is liable to be discharged. In the result, the Rule is discharged. Stay order passed in connection with this Rule stands vacated. The trial Court shall proceed with the case in accordance with law. Send a copy of the judgment and order to the Court below at once. Ed. This Case is als..Category: Banking Law | Date: 6 Feb, 2011 | Hits: 361
Sohrab Hossain (Md.) & others Vs. State & another, 2011, 40 CLC (HCD)
.... 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. ......12-2008 for Taka 2, 77, 79,245 drawn on an account maintained with the bank. The cheque having been presented for encashment was dishonoured on 28-12-2008. Then on 25-1-2009 the bank through its lawyer served a legal notice upon the accused-petitioners who on receipt of the notice took back the..Category: Others | Date: 3 Feb, 2011 | Hits: 4
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: ......f the executing Court though allowed him to deposit the remaining decretal amount, but ultimately rejected his application by the impugned order dated 7.8.2007 on the ground that there is no scope in law to redeem the property at this stage (vide annex-G to the writ petition). 13. It also appea..Category: Banking Law | Date: 2 Feb, 2011 | Hits: 175
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