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Iftekhar Uddin Ahmed Vs. Artha Rin Adalat and another, 2011, 40 CLC (HCD)

....ions the Rule is disposed of. The order of stay stands vacated. Communicate the Judgment to respondent No.2 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 75. ......��….Petitioner Vs. Artha Rin Adalat and another……………………………………….Respondents Judgment June 20, 2011. Result: The Rule is disposed of. Lawyers Involved: Md. Hedayet Hossain - For the Petitioner. ASM Abdul Razzaque with Fahad......lay filed by the decree-holder Bank within three months from the date of receiving the copy of the Judgment in accordance with law. The learned Judge of the Adalat is also directed to set aside the Order for attachment of the property and subsequent orders relating to Civil custody and warrant o..

Category: Limitation Law | Date: 20 Jun, 2011 | Hits: 13

Md. Habibur Rahman Bhuiyan and others Vs. Mosammat Galman Begum and others, 2011, 40 CLC (AD)

....ed by my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:9 ADC (2012) 575. ......58 DLR (AD) 159; Samad Sikder @ Somed Sikder Vs. State, 50 DLR (AD) 24; Nowbul Alam and others Vs. State reported in 45 DLR (AD) 140, and Anwara Khatun Vs. Md. Abdul Hye and others, 4 BLC (AD) 14. Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by Chowdhury Md. Zahangir, Advocate-......gments prepared by my learned brother, Surendra Kumar Sinha J and my learned brother, Md. Abdul Wahhab Miah J. I agree with the judgment passed by my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Ca..

Category: Property Law | Date: 15 Jun, 2011 | Hits: 169

Abu Bakkar Lashkar & others Vs. Rostam Ali Mondal & others, 2011, 40 CLC (AD)

....ciation of law and facts do not call for interference. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 210. ......nue) and another, (2002) 54 DLR (AD) 13; Abu Ali Chowdhury Vs. The State, (1997) 5 BLT (HCD) 3; Nuru Mia Vs. State (1998) 3 BLC 423; Momtazuddin and another Vs. Yakub Ali, (1994) 46 DLR (AD) 13. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record—For the Petitioners. M. A. Jabba......ciation of law and facts do not call for interference. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 210. ..

Category: Procedural Law | Date: 9 Jun, 2011 | Hits: 100

Md. Arif-Uz-Zaman Vs. State and another, 2011, 40 CLC (AD)

....h Court Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 400; 8 LG (AD) (2011) 196; 17 BLC (AD) (2012) 167; 21 BLT (AD) 234. ...... plaint about the same and the relief prayed for therein, because such a device shall totally make the section itself nugatory……………………(12) Lawyers Involved: Rokanuddin Mahmud, Senior Advocate instructed by Bivash Chandra Biswas, Advoc......h Court Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 400; 8 LG (AD) (2011) 196; 17 BLC (AD) (2012) 167; 21 BLT (AD) 234. ..

Category: Banking Law | Date: 9 Jun, 2011 | Hits: 196

Nazir Vs. State, 2011, 40 CLC (HCD)

.... this Rule. 30. Accordingly, the Rule is discharged. Communicate this judgment to the concerned Tribunal immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 317. ...... (AD) 69; Sher Ali (Md.) Vs. State, 46 DLR (AD) 67; Alamgir Hossain Vs. State, 49 DLR 630; Abu Taleb Vs. State, 59 DLR (AD) 93; Amir Hossain Howlader Vs. State, 4 BLD (AD) 193 = 37 DLR (AD) 139. Lawyers Involved: Md. Shah Alam Dewan, Advocate—For the Petitioner. Md. Shohrowardi,...... this Rule. 30. Accordingly, the Rule is discharged. Communicate this judgment to the concerned Tribunal immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 317. ..

Category: Criminal Law | Date: 7 Jun, 2011 | Hits: 2

Farzana Akter (Kakoli) Vs. Md. Kabir Hossain and others, 2011, 40 CLC (HCD)

....learned Judge of the Tribunal is directed to proceed with the trial in the said Nari-o-shishu case in accordance with law. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..............Respondents Judgment June 6, 2011. Cases Referred to- Abdus Salam Master alias Salam and another Vs. The State 36 DLR (AD) 58; Jotish Das Vs. Chandan Kumar Das, 4 BLT (AD) 258. Lawyers Involved: Not represented- the appellant. Shah Abdul Hatem, Assistant Attorney General......ivision, ignored it only by saying that “the case law does not match exactly with the facts of the present case” and arrived at his decision on the principle of rejection of plaint as provided in Order VII rule 11 of the Code of Civil Procedure and compared the said law with the provision of sec..

Category: Women and Children | Date: 6 Jun, 2011 | Hits: 102

Md. Majedur Rahman Vs. State and another, 2011, 40 CLC (HCD)

....ore discharged from his bail bond as he is on bail by order of this Court dated 26.10.2009. The office is directed to send down the lower’s Court record. Ed. This Case is also Reported in: ...... Vs. Azharul Islam, 3 BLD 387; Gopal Chandra Vs. State, 9 BLD 358; Nawsher Mollah Vs. State, 11 BLD (HD) 295, 39 DLR 16; State Vs. Manu Miah, 54 DLR (AD) 60; Abu Taher Vs. State, 1991 BLD (AD) 81. Lawyers Involved: Md. Aminul Hoque with Abdullah-Al-Mahmud Chowdhury, A.F.M. Saiful Karim-For the......ore discharged from his bail bond as he is on bail by order of this Court dated 26.10.2009. The office is directed to send down the lower’s Court record. Ed. This Case is also Reported in: ..

Category: Women and Children | Date: 6 Jun, 2011 | Hits: 142

Bangladesh Tobacco Company Limited Vs. Ashoke Kumar Das & others, 2011, 40 CLC (HCD)

.... In the result, this appeal is disposed of. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 53. ......ndra Roy Vs. Probhat Chandra Roy, 51 DLR 504; Shahabuddin Ahmed Vs. Upazila Education Officer, Bakerganj and others, 41 DLR 168; Jaban Ali and others Vs. Tazir Muhammad and others, 59 DLR 584. Lawyers Involved: Sigma Huda, Advocate - For the Appellant. Mahbubey Alam, Omar Sadat, Md....... to withdraw his suit with liberty to file a fresh suit..………………………..(13) Formal defects and withdrawal of the suit The Code of Civil Procedure, 1908 (Act No. V of 1908); Order XXIII Rule 1 In drafting the plaint the learned Advocate for the plaintiff appellant did..

Category: Procedural Law | Date: 2 Jun, 2011 | Hits: 6

Chairman, Rajdhani Unnayan Katripakkha Vs. Mosammat Rahima Khatun and others, 2011, 40 CLC (HCD)

....ule is herby vacated. Send down the lower court records along with a copy of this judgment immediately to the court concerned. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in:......-1000.............................Opposite Party-Respondent-Petitioner Vs. Mosammat Rahima Khatun and others.............Petitioners-Respondents-Opposite Parties Judgment June 2, 2011. Lawyers Involved: Md. Hefzul Bari, Advocate-For the Petitioner. K. M. Hafizul Alam, with Mahbu......ule is herby vacated. Send down the lower court records along with a copy of this judgment immediately to the court concerned. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in:..

Category: Limitation Law | Date: 2 Jun, 2011 | Hits: 165

Human Rights and Peace for Bangladesh Vs. Bangladesh, 2011, 40 CLC (HCD)

....resent high volume of cases, it is not possible on their part to bear the cost of the cases filed as public interest litigation. Ed. This Case is also Reported in: ...... Secretariat, P.S. Shahbag, Dhaka Bangladesh and others ...............respondents Judgment June 1, 2011. Result: The Rule is disposed of with direction and made absolute. Lawyers Involved: Md. Manzill Murshid, Advocate-For the Petitioner. Tufailur Rahman, A......resent high volume of cases, it is not possible on their part to bear the cost of the cases filed as public interest litigation. Ed. This Case is also Reported in: ..

Category: Environmental Law | Date: 1 Jun, 2011 | Hits: 37

BGP Inc., China National Petroleum Corporation Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....ance with law. With the above observations this Rule is disposed of. There will be no order as to costs. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ...... Petroleum Corporation…...........Petitioner Vs. Bangladesh and others…………...........Respondents Judgment May 29, 2011. Result: The Rule is disposed of. Lawyers Involved Rokanuddin Mahmud, Senior Advocate with Mustafizur Rahman Khan, Advocate-For ......ance with law. With the above observations this Rule is disposed of. There will be no order as to costs. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: 29 May, 2011 | Hits: 21

Zeyad Rahman and another Vs. Delta Insurance Company and others, 2011, 40 CLC (HCD)

....our) weeks from the date of the drawing up of this Judgment and to report the compliance thereof within 1(one) week thereafter. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 336. ......hat will mean a preferential right given to public shareholders but the Articles of Association of the Company has not given any such preferential right to any public subscribers. ......... (84) Lawyers Involved: Dr. M Zahir, Senior Advocate with Ashraful Hadi, Advocates—For the Resp......ompany. This Division vide order dated 31-8-2005 in the said Company Matter No.114 of 2005 admitted the said company matter and stayed the holding of 19th AGM of the respondent No.1 company. The said Order of stay remained in force until this Court vide Order dated 2-3-2010 dismissed the said compan..

Category: Company Law | Date: 26 May, 2011 | Hits: 9

Sk. Nurul Islam Vs. State, 2011, 40 CLC (HCD)

.... discharged from his bail bond. Send down the Lower Court Records, along with a copy of this judgment and order, at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 436. ......tate, 1962 P.L.D (Dhaka) 623; Gokul Chand Dwar Ka Das Morakka Vs. The King, AIR. (35)(1948)(PC) 82; Abdul Hakim Vs. The State, 45 DLR 352; Syed Mustafizur Rahman Vs. The State, 53 DLR (2001)125. Lawyers Involved: Md. Abu Bakar Siddique- For the appellant. Md. Selim ...... discharged from his bail bond. Send down the Lower Court Records, along with a copy of this judgment and order, at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 436. ..

Category: Anti-Corruption Laws | Date: 19 May, 2011 | Hits: 157

Manager, Rupali Bank Ltd. Vs. M/S New Music Corner and another, 2011, 40 CLC (HCD)

....t record. Send down the lower Court records along with a copy of this judgment immediately to the Court concerned. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ..................Plaintiff-Appellant Vs. M/S New Music Corner and another …….......Defendants-Respondents Judgment May 18, 2011. Result The appeal is allowed. Lawyers Involved: Md. Rezaul Haque, Advocate-For the Plaintiff-Appellant. Md. Haroon-Ar-Ra......e but they refused to pay the loan amount verbally and the defendant No.2 also did not agree to pay the loan obtained by the defendant No.1. Subsequently, the defendant by filing an application under Order VI, Rule 17 read with section 151 of the Code of Civil Procedure amended the plaint with a pra..

Category: Banking Law | Date: 18 May, 2011 | Hits: 209

Monzur Ahmed Bhuiyan & others Vs. Adilur Rahman Khan and others, 2011, 40 CLC (AD)

....and still sustained its supremacy as the embodiment of the will of the people of Bangladesh. The people of Bangladesh had witnessed how their Constitution was made sub-ordinate and subservient to the Martial law Proclamations etc. but they also happily witnessed the ultimate triumph of the Constitut......or-General's Reference No.1 of 1955, 7 DLR (FC) 395; Sindh High Court Bar Association Vs. Federation of Pakistan, PLD 2009 SC 879; Re Governor-General's Reference of 1955, VII DLR 1955 (FC) 395. Lawyers Involved: Ajmalul Hossain with Yusuf Hossain Humayan, Senior Advocates and AM Aminuddin......e High Court Division under Article 102 of the Constitution of the People's Republic of Bangladesh in Writ Petition No. 6488 of 2008. 2. The High Court Division after hearing by its judgment and Order dated 13-11-2008 declared that the impugned Ordinance had been made without lawful authority a..

Category: Constitutional Law | Date: 16 May, 2011 | Hits: 267

Major (Retd.) Rafiq Hasan Faruq Vs. Bangladesh and others, 2011, 40 CLC (HCD)

.... order as to cost. The office is directed to communicate the Judgment at once to the concerned executing Court (Respondant No. 3). Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 281. .............................Respondents Judgment May 16, 2011. Result: The Rule is made absolute. Case Referred to- SDS Dairy Limited Vs. Bangladesh and others. ( unreported decision) Lawyers Involved: Shah Md. Munir Sharif with Mohammad Imran Jahangir, Advocate - For the petition......- On an application filed under Article 102 of the Constitution a Rule Nisi was issued in the following terms: "Let a Rule nisi be issued, calling upon the respondents; to show cause as to why the Order No. 28, dated 18.4.2010, (Annexure-E), passed by Artha Rin Adalat, 1st Court, Dhaka, in Artha ..

Category: Banking Law | Date: 16 May, 2011 | Hits: 179

S.M. Humayun Kabir Vs. Bangladesh and others, 2011, 40 CLC (HCD)

.... have been passed without lawful authority and hence, is of no legal effect. There will be no order as to costs. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ......982)1 Serv L.J 422(HP); Raj Kumar Vs. Union of India reported in AIR 1969 (SC) 180; Secretary, Ministry of Finance and Others Vs. Md. Abdur Rashid and others, 12 BLC (AD) 13; 12 BLC (AD) 142. Lawyers Involved Akhtar Imam, Senior Advocate with Ms. Rubaiya Zara Khan, Advocate with Md. Ka...... have been passed without lawful authority and hence, is of no legal effect. There will be no order as to costs. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ..

Category: Employment/Service Law | Date: 15 May, 2011 | Hits: 22

Md. Badar Uddin and others Vs. Mst. Rezia Parvin and others, 2011, 40 CLC (HCD)

..... I find no substance in the rule. In the result this rule is discharge. No costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 12. ......��………………………..Petitioners Vs. Mst. Rezia Parvin and others…………………………...Opposite parties Judgment May 15, 2011. Result: The rule is discharge. Lawyers Involved: No one appears - For the petitioners. S. N. Goswami, Advocate - For the oppo....... I find no substance in the rule. In the result this rule is discharge. No costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 12. ..

Category: Civil Law | Date: 15 May, 2011 | Hits: 29

Tofail Ahmed Vs. State, 2010, 39 CLC (HCD)

....cerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 363. ......hellip;…Opposite party Judgment May 15, 2011. Result: The Rule is made absolute. Case Referred to- Indu Bhushan Chatterjee Vs. State, AIR 1955 Calcutta 430. Lawyers Involved: Yousuf Hossain Humayun, Senior Advocate with Awsafur Rahman, Advocate - For t......cerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 363. ..

Category: Anti-Corruption Laws | Date: 15 May, 2011 | Hits: 211

Government of Bangladesh and Others Vs. Md. Gias Uddin Chowdhury and Others, 2011, 40 CLC (AD)

.... any order as to costs with the above observations. This judgment would govern both the appeals. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 1, 17 BLC (AD) (2012) 14, VIII ADC (2011) 879. ......bhai Nanbhai Khachar and others Vs. State of Gujarat and another, 1995 Supp (1) SCC 596; M.I Builders PVt. Ltd. Vs. Radhey Shyan Sahu, AIR 1999 S.C. 2468; Heydon case, (1584) 3 Co Rep 7a: 76 ER 637. Lawyers Involved: A.F. Hassan Ariff, Senior Advocate, instructed by Md. Zahirul Islam, Advocate-on-...... any order as to costs with the above observations. This judgment would govern both the appeals. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 1, 17 BLC (AD) (2012) 14, VIII ADC (2011) 879. ..

Category: Property Law | Date: 15 May, 2011 | Hits: 100

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