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Abdur Rashid Gazi Vs. Nur Ali Gazi and others, 2010, 39 CLC (HCD)
....Parties Judgment August 10, 2010. Result: The Rule is discharged. The Code of Civil Procedure, 1908 (Act No. 1908); section 115 The concurrent finding of facts arrived at by the Courts below should not be disturbed by the High Court Division in revisional jurisdictio......Ż সালের দলিলের টাকা পয়সা আমি দিয়েছিলাম।” From the evidence of P.W.1 it appears that the defendant No.1 was a minor at the time of purchase of the suit land in 1969. Since the defendant No.1 was a minor it is obvious ......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. ......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. ..Category: Procedural Law | Date: 10 Aug, 2010 | Hits: 4
Ferdous Khan @ Alamgir Vs. Islami Bank Bangladesh Ltd. and another, 2010, 39 CLC (HCD)
....lt: The Rule is made absolute. Case Referred to- Punjtih Ali's case, 29 DLR (SC) 185. Lawyers Involved: Nikhilesh Dutta, Advotae - For the Petitioner Shaheen Ahmed, Advocate - For the Opposite-party No.1. Criminal Miscellaneous Case No. 4883 of 2009. Judgment......aving learnt about the dishonor of the cheques on 26-2-2008, the complainant bank issued a notice on 02-3-2008 under section 138(1)(b) of the Act, under registered post with A/D, givÂing thirty days time to pay the amount due under the cheques, which the accused petitioner has received on the 10-3-......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. ......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. ..Category: Banking Law | Date: 1 Aug, 2010 | Hits: 657
Rehana Begum and another Vs. State, 2010, 39 CLC (HCD)
....igh 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: The appeal is......ing winter) from the house of the informant to the home stead of Jalil Mollah and pushed her inside the east-bhiti hut of that home and, thereafter, the accused Rehana stood outside the door. At that time the accuseds Nurunabi son of Md. Amjad Hossen, Md. Fazlul Haque, son of Farid and Md. Jamaluddi......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. ......hereafter the U.P. member Abdur Rashid and other neighbors came, having heard about this incident. The informant further stated that the accuseds were terrorist in nature. They are possessing illegal arms as he came to know. They are confederates of one Ujjal who was arrested for keeping illegal arm..Category: Women and Children | Date: 1 Aug, 2010 | Hits: 227
Md. Zahirul Islam Vs. Adamjee Jute Mills Ltd., 2010, 39 CLC (HCD)
....loss caused to him for which the defendant is liable to be called upon to answer his demand.............(17) Case Referred to- 7 MLR 13. Lawyers Involved: A.K.M. Shafiuddin, Advocate - For the petitioner. Jamaluddin Ahmed, Advocate - For the opposite party. ......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. ......Adamjee Jute Mills Corporation caused financial loss in purchasing raw jute to the plaintiff and any suit, if at all, which could have been instituted against the defendant was a suit in tort for the recovery of damages. He next submits that both the Courts below misdirected themselves in failing to......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. ..Category: Limitation Law | Date: 20 Jul, 2010 | Hits: 38
....h Sugarcane Research Institute and others…......Respondents
Judgment
July
18, 2010.
Result:
The Rule is discharged.
The Bangladesh
Chini-O-Khaddo Shilpa Corporation Karmachari Chakri Probidhamala, 1989
Principle
of natural justice and the necessity to i......f the authority to bring an end to
an officer’s unblemished record of service tends to give rise to arbitrariness to
the prejudice of the incumbent. Moreover, he submits that with the passage of
time for proper dispensation of justice, the apex court has gone to extend its
hand in providing pr......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:
......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:
..
Category: Employment/Service Law | Date: 18 Jul, 2010 | Hits: 5
Sonali Bank Vs. Sheikh Anis Uddin Ahmed, 2010, 39 CLC (HCD)
....of 1991 is dismissed. No costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 188. ......smissed after hearing. In disÂmissing the suit learned Judge found that as per secÂtion 176 of the Contract Act if the pawnor makes default in payment of the debt, or performance, at the stipulated time of the promise in respect of which the goods were pledged, the pawnee may bring a suit against ......d. Consequently Appeal from Original Decree No.841 of 1991 is dismissed. No costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 188. ......d. Consequently Appeal from Original Decree No.841 of 1991 is dismissed. No costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 188. ..Category: Civil Law | Date: 15 Jul, 2010 | Hits: 49
Abeda Khatun and others Vs. Md. Idris Mia and others, 2010, 39 CLC (HCD)
....rt's record at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 308. ......petitioner under Order 9 Rule 13 of the Code of Civil Procedure and dispose of the same on merit in accordance with law after notifying the parties concerned. The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Court's record at once. ......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. ......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. ..Category: Procedural Law | Date: 14 Jul, 2010 | Hits: 3
Ziaur Rahman (Md.) Vs. Artha Rin Adalat & others, 2010, 39 CLC (HCD)
.... (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Sheikh Hassan Arif J Ziaur Rahman (Md.)…………………….........Petitioner Vs. Artha Rin Adalat & others………………………..Respondents Judgment July 14, 2010. Resul......al effect. However, the Adalat concerned can proceed with the execution case in question in accordance with law and in the light of observations made above. The order of stay granted at the time of issuance of rule stands vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (......law and in the light of observations made above. The order of stay granted at the time of issuance of rule stands vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 189. ......law and in the light of observations made above. The order of stay granted at the time of issuance of rule stands vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 189. ..Category: Civil Law | Date: 14 Jul, 2010 | Hits: 48
General Manager, Meghna Petroleum Ltd. and others Vs. Sultan Ahmed and others, 2010, 39 CLC (AD)
....ourt Division expeditiously. This appeal is disposed off with the above observations and directions. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 1 ......he writ respondents to show cause as to why the aforesaid orders should not be declared to have been made without lawful authority and are of no legal effect. No interim order of stay was made at the time of issuance of the rule nisi. Thereafter the writ petitioners moved a application for staying t...... disposed of in the High Court Division expeditiously. This appeal is disposed off with the above observations and directions. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 1 ...... disposed of in the High Court Division expeditiously. This appeal is disposed off with the above observations and directions. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 1 ..Category: Constitutional Law | Date: 13 Jul, 2010 | Hits: 4
ATM Salim Chowdhury Vs. State, 2010, 39 CLC (HCD)
....on (Criminal Miscellaneous Jurisdiction) Present: Salma Masud Chowdhury J Md. Rezaul Hasan J ATM Salim Chowdhury...............................Petitioner Vs. The State.................................................Opposite party Judgment July 13, 2010.......ounced on 08.03.2008 for insufficiency of fund. Further case of the complainant is that he has served a notice upon the accused, but the accused did not pay the amount due under the cheque within the time specified in the said notice, so he has filed this petition of complaint under section 138 of t......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. ......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. ..Category: Banking Law | Date: 13 Jul, 2010 | Hits: 187
AL-Arafah Islami Bank Limited Vs. M/S. Nobel Enterprise, 2010, 39 CLC (HCD)
....¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦..Opposite party Judgment July 12, 2010. Result: The Rule is discharged. Lawyers Involved: No one appears - For the petitioner. Mohammad Imtiaz Farooq Advocate, with Iftekhar Jonaed, Advocate - For the opposite party. Civil Revision No.472 of 200......the Court of the District Judge and the Court of the Additional District Judge. 14. Sections 18, 20 and 21 of the Act read as hereunder: "18. Save as otherwise provided by any enactment for the time being inforce, the jurisdiction of a District Judge or Joint District Judge extends, subject to......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. ......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. ..Category: Procedural Law | Date: 12 Jul, 2010 | Hits: 28
....
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).
......d facts.
2. In Writ Petition No. 5863 of 2009 a Rule Nisi was issued on the following terms:
Let a Rule Nisi issue calling upon the respondents to show cause as to why their failure to act in a timely manner and to comply with their legal and constitutional duties to take effective measures to...... 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....... 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...
Category: Women and Children | Date: 8 Jul, 2010 | Hits: 335
Dhirendra Nath Mondal Vs. Agrani Bank Ltd and others, 2010, 39 CLC (HCD)
....o 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. ......rhat that the defendant No.1 obtained an ex-parte decree against him. On hearing the same, the plaintiff rushed to Khulna and applied for inspection through an advocate and on 22-7-2001 for the first time came to know about the said ex-parte judgment and decree. The plaintiff has already applied for......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. ......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. ..Category: Civil Law | Date: 7 Jun, 2010 | Hits: 6
Abul Hashem Vs. State, 2010, 39 CLC (HCD)
....other case. Send down the LC records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)16. ......ng bone cut injury and accused Abdul Hossain again dealt a dao blow upon right thing of deceased Abul Hashem. Accused Mohsin again dealt a dao blow under left knee of deceased Abul Hashem. In the meantime, witnesses Lutfa Begum and Illias Bhuiyan made an alarm then other witnesses proceeded to rescu......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. ......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. ..Category: Evidence Law | Date: 26 May, 2010 | Hits: 8
Commissioner of Customs and others Vs. M/S. Sunlit Fashion Limited, 2010, 39 CLC (AD)
....assed 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. ......g revealed that garments manufactured by the above 4,02,919 yards of 100% polyester fabrics were exported by the respondent only by two containers, the Customs House Chittagong procured from Transmaritime Logistics, the concerned shipping agent, the papers relating to the import of the above fabrics...... 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. ...... 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. ..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)
....ecord. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 85; 20 BLT (HCD) (2012) 532 . ......le to mention the required dag numbers and Khatian numbers in the bainapatra and made commitment to furnish a fresh bainapatra in writing with dag numbers and Khatian numbers later on at a convenient time. The defendant No.1 also informed plaintiff No.1 that as his daughter resides in Canada, sons a......র জন্য" defendant No.1 acted mischievously, as such, decree should be passed. If that be so, then on exhibit-1 which, as it appears to be a money-receipt, plaintiff ought to file a suit for recovery of money, not a suit for specific performance of a contract. 26. There is another hurd......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 . ..Category: Property Law | Date: 12 May, 2010 | Hits: 133
Aftab Automobiles Ltd Vs. Superintendent Customs, Excise & VA, 2010, 39 CLC (HCD)
....to the respondents at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 138. ......at amount from December, 2007 to June, 2008. The petitioner upon receipt of the said letter dated 8-9-2008 submitted an application on 15-9-2008 requesting respondent No.1 for granting one month time for taking appropriate steps regarding VAT matter. Thereafter, respondent No.1 by his orde......s Taka 42, 11,049 which resulted in loss of that amount of Government revenue. (f) Accordingly, the matter was duly informed to the VAT authority who in its turn issued letter dated 8-9-2008 for recovery of the said Government revenue and in the letter an opportunity was given to the petit...... 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
Nazma Sarwar and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
.... Nazma Sarwar, wife of A.T.M. Sarwar Hossain and others...............Appellants Vs. Government of Bangladesh repreÂsented by the Secretary, Ministry of home Affairs, Bangladesh Secretariat, Ramna Dhaka and others...................Respondents Judgment May 6, 2010. Result...... Criminal Procedure hanging upon them and as such the petitionÂers have no locus standi to file the instant writ petition. This view is the age-old judicial norm and convention in our Court from the time immemorial and this view finds support in the decision in the case of Chand Shah Vs. Crown repo......opy of this judgment be transÂmitted to the Court concerned at once. SM Emdadul Hoque J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 359; 17 MLR (HCD) (2012) 412. ......opy of this judgment be transÂmitted to the Court concerned at once. SM Emdadul Hoque J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 359; 17 MLR (HCD) (2012) 412. ..Category: Procedural Law | Date: 6 May, 2010 | Hits: 109
Sarwar Hossain Moni Vs. State and another, 2010, 39 CLC (HCD)
.... the case as expeditiously as possible. Let a copy of this order be communicated to the Court concerned immediately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 510.......-petitioner received the same on 30-6-2008 and according to the provision of section 138 of the Negotiable Instrument Act the complainant is file the case on 22-7-2008. Therefore, the instant case is time barred and there is no legal case of action and continuation of the proceeding is an abuse of t......ed to dispose of the case as expeditiously as possible. Let a copy of this order be communicated to the Court concerned immediately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 510.......ed to dispose of the case as expeditiously as possible. Let a copy of this order be communicated to the Court concerned immediately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 510...Category: Banking Law | Date: 6 May, 2010 | Hits: 573
Abdul Qadir and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....ourt stands vacated. Communicate this Judgment at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 473. ......ers against the miscellaneous case and other materials on record including the impugned order and then submits that there is nothing on record to show that the plaintiff-petitioners at any point of time given consent to allow the miscellaneous case but the learned Joint District Judge at his own ......ervation made above. The order of stay granted earlier by this Court stands vacated. Communicate this Judgment at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 473. ......ervation made above. The order of stay granted earlier by this Court stands vacated. Communicate this Judgment at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 473. ..Category: Procedural Law | Date: 28 Apr, 2010 | Hits: 4
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