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Anwar Cement Limited and others Vs. Bangladesh Bank and other, 2011, 40 CLC (HCD)
....fore, the rule is disposed of with the above observations without any order as to costs. The order of stay stands vacated. Md. Abu Zafar Siddique J.- I agree. This Case is also Reported in: ......h Munshi Moniruzzarnan -For the Petitioners. Forrukh Rahman-For Respondent Nos. 2 and 4. Writ Petition No.6016 of 2008. Judgment Zinat Ara J.- In this rule nishi the petitioners called in questions the legality of the publication of the names of the petitioners as loan defaulters against......fore, the rule is disposed of with the above observations without any order as to costs. The order of stay stands vacated. Md. Abu Zafar Siddique J.- I agree. This Case is also Reported in: ..Category: Banking Law | Date: 24 Apr, 2011 | Hits: 363
Altaf Hossain and another Vs. State, 2011, 40 CLC (HCD)
....o.89 of 1995 is hereby set aside. The appellants are released from their bail bonds. Send down the lower Court records. Naima Haider J.- I agree. This Case is also Reported in: ......currence. P.W.11, the Investigating Officer stated that the ejahar was written by one Abdus Satter, who was neither examined under section 161 of the Code nor made a witness in the case. Naturally, a question arises as to how and when the informant lodged the ejahar. 18. P.W.2 the victim Rin......f victim Rina Begum and there was an affair of love between them, which converted appellant No.2 to a Muslim. P.W. 7 Ashraf Ali in his statement under section 161 of the Code also stated him the same facts and added that appellant No.2 and the victim had gone together to Dhaka. 16. On t..Category: Women and Children | Date: 17 Apr, 2011 | Hits: 159
Padma Oil Company Limited Vs. Md. Abdus Samad and others, 2011, 40 CLC (AD)
....ry license/permit for supplying fuel as per prevailing rules. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 154. ...... letter on basis of a complaint made by one ‘Titas Filling Station alleging that the writ petitioner's filling station was set up towards 400 meters north of Titas Filling Station'. 8. Now question is whether a new filling station can be set up within a radius of 400 meters of an existin......ry license/permit for supplying fuel as per prevailing rules. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 154. ..Category: Others | Date: 7 Apr, 2011 | Hits: 7
Kartic Das Gupta Vs. Election Commission of Bangladesh and others, 2011, 40 CLC (AD)
....we find no merit in the submissions of Mr. Ahsanul Karim. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 578, 19 BLC (AD) (2014) 113. ...... 3, 2011. Result: The petition is dismissed. Whether writ petition itself is maintainable in law or whether the writ petitioner has got any interest in the matter Writ-petition in question could not be termed as public interest litigation. Before going into the merit of a wr......we find no merit in the submissions of Mr. Ahsanul Karim. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 578, 19 BLC (AD) (2014) 113. ..Category: Election Law | Date: 3 Apr, 2011 | Hits: 168
Md. Jahir Uddin and others Vs. Md. Molin Ali and others, 2011, 40 CLC (HCD)
.... dated 23.11.2004 passed by the Assistant Judge, Gobindaganj, Gaibandha in Other Class Suit No.8 of 1997 is maintained. Send down the lower Court records. Ed. This Case is also Reported in: ...... dispossessed the plaintiffs therefrom on 10.1.1993 disclosing that they had purchased the land from the said Meher Mondal, who had acquired right and title over the same on the basis of the deeds in question. The plaintiffs initially filed an application to the Deputy Commissioner, Gaibandha for ev...... dated 23.11.2004 passed by the Assistant Judge, Gobindaganj, Gaibandha in Other Class Suit No.8 of 1997 is maintained. Send down the lower Court records. Ed. This Case is also Reported in: ..Category: Property Law | Date: 31 Mar, 2011 | Hits: 68
Md. Aynal Haque Vs. State, 2011, 40 CLC (HCD)
.... sentence to the period undergone with fine as stated above. Send down the L.C. R. along with the judgment to the Courts below. Md. Ashraful Kamal J.- I agree. This Case is also Reported in: ...... sentence to the period undergone with fine as stated above. Send down the L.C. R. along with the judgment to the Courts below. Md. Ashraful Kamal J.- I agree. This Case is also Reported in: ...... sentence to the period undergone with fine as stated above. Send down the L.C. R. along with the judgment to the Courts below. Md. Ashraful Kamal J.- I agree. This Case is also Reported in: ..Category: Women and Children | Date: 30 Mar, 2011 | Hits: 100
ATM Qamuzzaman Khan Vs. State and another, 2011, 40 CLC (HCD)
....o discharged from his bail bond. Communicate this order at once and send down the lower Court's records expeditiously. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 442. ......ী গ্রহণ করিতে হইবে।” 31. Upon reading of the aforesaid provision, it is evident that the authorized officer is the only person who can approve any plan. The question arises, therefore, on what authority or on what basis did the informant/ prosecution raise ......em to suffer rigorous imprisonment for a period of 7(seven) years and to pay a fine of Taka 1,22,44,2007 in equal share and in default to suffer rigorous imprisonment 1 (one) year more. 2. Brief facts, necessary for the disposal of the appeal, are as follows; On 9-8-2007 Md. Mahmud Hasan, ..Category: Criminal Law | Date: 29 Mar, 2011 | Hits: 3
Uniroyal Securities Ltd. Vs. Commissioner of Taxes, 2011, 40 CLC (HCD)
....any order as to cost. The Registrar of the Supreme Court is directed to take necessary steps under section 162 of the Ordinance. Ed. This Case is also Reported in: 63 DLR (2011) 676. ......Appellate Tribunal again on the same ground. The Tribunal even upheld the decision of the Commissioner of Taxes (Appeal) against which this Reference Application has been preferred in which following questions have been framed:— "A. Whether, on the facts and in the circumstances......held the decision of the Commissioner of Taxes (Appeal) against which this Reference Application has been preferred in which following questions have been framed:— "A. Whether, on the facts and in the circumstances of the case, the Tribunal was justified under section 53BBB..Category: Fiscal/Taxation Law | Date: 21 Mar, 2011 | Hits: 123
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 ......llant Division. Now the executing court is bound to execute the decree as it stands. In the meantime the executing court has executed the kabala deed. In view of the above facts and circumstances the question of waiver of in executing the decree does not stand for the cause of withdrawal of Taka 3,6......its entire assets to the defendant Nos.1 and 2 of the instant suit (appellants) and they stepped into the shoes of M/s Imperial commercial Industries. From the evidence of PW1 we find that those facts have been admitted by the P.W.1. The PW1 has also admitted in his examination in chief that th..Category: Civil Law, Procedural Law | Date: 20 Mar, 2011 | Hits: 2
Maulana Mohammad Shamsul Huq and others Vs. Abu Taher and others, 2011, 40 CLC (AD)
....ppellate court. We, therefore, find no merit in this petition for leave to appeal and hence this petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 365. ......o appeal has been directed against the judgment and order dated 12.05.2009 passed by a Single Bench of the High Court Division in Civil Revision No.4049 of 2006 discharging the rule issued calling in question the judgment and decree dated 07.08.2006 passed by the Joint District Judge, 1st Court, Fen......and registered on 10.12.1951. So the sole question arose for determination in this suit was which of these 2 kabalas of the contesting parties was valid. 9. The trial court, on consideration of the facts, circumstances and evidence came before it found that the plaintiffs' alleged kabala in the na..Category: Property Law | Date: 20 Mar, 2011 | Hits: 84
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: ......cation for pre-emption within time. 3. The petitioner as vendor-opposite party No.3 entered appearance and contested the case by filing a written objection contending, inter alia, that the deed in question dated 25.6.1992 was actually a mortgage deed. The case land was given back to him by a reco......ge, Satkhira challenging the said judgment and order dated 17.9.1995. The learned Subordinate Judge, Second Court, Satkhira ultimately heard the appeal and dismissed the same on concurrent finding of facts by his judgment and order dated 11.4.2001. The petitioner moved in this Court against the said..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 ......e relevant time and they dealt different blows on the victim resulting serious injuries which were corroborated by post-mortem report and that the death was caused by those injuries. 26. Now the question is whether the involvement of Chunnu will come under section 302 of the Penal Code as ......t the accused are armed with deadly weapons and caused injuries with the same, the proof of common intention may easily be gathered from the manner in which the occurrence took place. 28. In the facts and circumstances of the instant case, we are of the view that the prosecution has been able t..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. ......of filing and adjudicating the Artha Rin Suits, then only the provisions of Code of Civil Procedure may be followed. The learned Advocate for the petitioner has pointed out that the Artha Rin Suit in question, admittedly, was filed on 28.4.2004, but at the time of filling of the plaint the requisite......- This Civil Petition for Leave to Appeal is directed against the judgment and order dated 11.03.2010 passed by a Division Bench of the High Court Division in Writ Petition No.8731 of 2008. 2. The facts necessary for disposal of this Civil Petition for Leave to Appeal, in short, are as follows: ..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. ......quo; 27. In our jurisdiction the High Court in Dalutpur Jute Mills Ltd Vs. Income Tax officer (Investigative) reported in 26 DLR 5 in the same line of interpretation had observed, "The question, however, that we are called upon to consider is whether the subsequent amendments of ...... be made available to the employees of the dissolved Pubali Bank just because Act No. XII of 1974 has been adopted in the Pubali Bank (Employees) Service Regulations, 1981. 31. Consideration the facts and circumstances of the case, the observation and findings made above we find no substan..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. ...... 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. ...... Miscellaneous Appeal No.11 of 1994 affirming those dated 16-3-1994 passed by the Assistant Judge, in-charge, Singair, Manikganj in Miscellaneous Case No.55 of 1984 should not be set aside. 2. The facts for disposal of the Rule, in short, are that opposite party No.1 as petitioner filed Miscellan..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. ......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. ......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. ......mits that the dispute over the petitioner’s appointment being already disposed of, the same has long since been approved by conduct of the respondents and as such they cannot further raise the same question and relieve the petitioner from his duties on the same excuse. 29. Referring to the ca......urther seek for any approval of Bangladesh Bank to the petitioner’s appointment, nor did Bangladesh Bank raise any objection in this regard till the petitioner attained the age of retirement. These facts give rise to a reasonable presumption that the provisions of the Service Regulations, 1993 bei..Category: Banking Law | Date: 8 Mar, 2011 | Hits: 438
....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.
......t Division and other materials available on record.
13. In the instant case there is a provision for arbitration in Clause 25 of the contract of work which provides amongst others that all questions and disputes relating to the meaning of the specifications, designs, drawings and ins......ppeal and reversing the judgment and decree dated 13-11-2006 passed by the learned Joint District Judge, 1st Court, Comilla in Money Suit No.4 of 2003 decreeing the suit in part.
4. The relevant facts in respect of CP No.1602 of 2010 are as follows:
"The present respondent No.1 as the..
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: ......coate-For the respondent. Writ Petition No. 9069 of 2008. Judgment Md. Ruhul Quddus J.- This Rule Nisi, at the instance of a judgment debtor in a mortgage decree, was issued calling in question two orders dated 16.10.2008 and 4.11.2008 respectively passed by the Judge, Artha Rin Adala......just the sale proceeds against the claim of the bank. This is the mandate of section 12 (2) of the Ain. Now the bank can not avoid its responsibility on the plea that a suit was pending. The relevant facts regarding non-selling of the pledged goods are admitted and as such the submission of the lear..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.
...... and that to prove that Kazi Golam Hossain was not Chairman of the defendant No.1 company the onus squarely lies on the defendant No.1 company to discharge such onus to that effect as they raised the question and, as such, the High Court Division rightly held that the defendant No.1 company ought to......eat by the plaintiffs-respondents, the defendants-petitioners failed to adduce both oral and documentary evidence before the Trial Court and get them marked as exhibits and that considering the above facts and circumstances an opportunity ought to have been given to the defendants-petitioners t..
Category: Civil Law | Date: 17 Feb, 2011 | Hits: 5
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