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Md. Ferajtullah Sheikh Vs. Md. Yusuf Ali and others, 2011, 40 CLC (HCD)
....rt 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 since the case land had been returned to the vendor by a reconveya......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: ......No.1. Civil Revision No. 3904 of 2001. Judgment Md. Ruhul Quddus J. - This Rule at the instance of a vendor, was issued on an application under section 115 (1) of the Code of Civil Procedure to examine the legality of judgment and order dated 11.4.2001 passed by the Subordinate Judge (now J......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 ......Appellant Chunnu submitted some papers, namely national certificates issued by the Syedpur Union Parishad Chairman and accused Alia produced two witnesses in his defence, namely D.W.1 and 2, who were accordingly examined. Thereafter, the Tribunal passed the impugned judgment and order convictin......uld not get any benefit from the acquittal of accused. In the instant case, the eye-witness versions of the P.W. 3 and P.W.11 and the said dying declaration of the deceased corroborated each other as to the participation and role played by the Appellants in the killing. Thus, since both the Appellan...... 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 obserÂvations and direction. Communicate this order to the Artha Rin Adalat concerned at once. Ed. This Case is also Reported in: VIII ADC (2011) 424. ...... the court. 4. Being aggrieved by this judgment and order of the High Court Division the Writ Petitioner has filed-this present Civil Petition for Leave to Appeal on the main contention that since according to the secÂtion 6(2) of the Artha Rin Adalat Ain, 2003 the plaintiff requires to pay the ......d-For the Petitioner. Md. Mamunur Rashid, Advocate instructÂed by Syed Mahbubur Rahman, Advocate-on-Record- For respondent No.1. Not respondent-Respondent Nos. 2-3. Civil Petition for Leave to Appeal No. 1196 of 2010. (From the judgment and order dated 11.03.2010 passed by the High Cour...... 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 proÂvisions 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)
....er made a representation to the respondent No. 5, the Managing Director, Pubali Bank Ltd. on 11-1-2010 (Annexure-E), but to that effect no order was passed. Ultimately, the petitioner served a demand justice notice dated 1-7-2010 with request to allow him to continue his service until the age of 59 ......ank' in the PO No. 26 of 1972 to buy the number of shares proportionate to their respective shares in the erstwhile Bank. Rest of the shares and the shares not taken up by the former shareholders according to their entitlement shall be allotted to the general public on a priority basis. In other......………..Petitioner Vs. Pubali Bank Ltd and others...............Respondent Judgment March 13, 2011. Result: The Rule is discharged. Cases Referred to- MH Chowdhury Vs. GM, Titas Gas Transmission and Distribution Co. Ltd. 1981 BLD (AD) 61; Baj......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)
....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 summons was duly served upon the opposite party in Money Executi......the instant case it appears that the Money Suit No.4 of 1974 was decreed exparte which was filed for realization of Taka 1,200 thereÂafter, the petitioner filed Money Execution Case No.4 of 1975 and accordingly the auction was held and auction was confirmed on 25-11-1975. The opposite party No.1, t......€¦â€¦â€¦â€¦â€¦Defendant-Appellant-Petitioner Vs. Rabi Chowdhury………………………Opposite Parties Judgment March 11, 2012. Result: The Rule is discharged. Cases Referred to- 32 DLR 168; Government of Bangladesh Vs. Mashiur Rahman, 50 DLR (AD) 205; Shambhu Nath Poddar......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)
....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. ...... was appointed as Managing Director pursuant to the resolution dated 13.08.1990 of the Board. Then the petitioner joined afresh as the Managing Director of Grameen Bank with effect from 29.8.1990 and accordingly, Grameen Bank by separate letters dated 30.8.1990 informed Bangladesh Bank and the Minis......inancial Institutions Division, Ministry of Finance and others …………… Respondents Order March 8, 2011. Result: The writ petition is summarily rejected. Case referred to- United Commercial Bank Ltd and another Vs. Rahimafrooz Batteries and others, 7 BLC (AD) 73....... 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
Ahammad Hossen alias Gura Miah Vs. State, 2011, 40 CLC (HCD)
....n for bail and the impugned order. 8. In view of the submission of the learned advocate for the appellant to the effect that the prosecution could not conclude the trial, we are of the view that justice would be met if a time is fixed for concluding the trial of the case. 9. Accordingly th......case, the trial Court is hereby directed to consider the bail of the appellant. Communicate the order at once. AKM Zahirul Hoque J. - I agree. Ed. This Case is also Reported in: ......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.Respondent Judgment March 1, 2011. Lawyers Involved: Sayed Misbahul Anwar, Advocate- For the appellant. Bashir Ahmed, Assistant Attorney General-For the Respondent. Criminal Appeal No. 4856 of 2010. Judgment AKM Asa......case, the trial Court is hereby directed to consider the bail of the appellant. Communicate the order at once. AKM Zahirul Hoque J. - I agree. Ed. This Case is also Reported in: ..Category: Women and Children | Date: 1 Mar, 2011 | Hits: 103
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: ......e matter to the witnesses, then he and his wife rushed to the house of accused Amena Bibi and asked her whereabouts his daughter and on the following day he informed the matter to the local Chairman, accordingly on 2.3.10 the Chairman informed him that they got the information that the daughter is n...... Ashok Kumar Banik, Advocate-For the appellant (In Criminal Appeal No. 4860 of 2010) Md.Khorshed Alam Khan, Advocate-Appellant (In Criminal Appeal No. 5688 of 2010) Bashir Ahmed, Assistant Attorney General-For the opposite party. Criminal Appeal No. 4860 of 2010. With Criminal Appe...... 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
....ailed to take notice of this aspect of law. Therefore, we are of the opinion that the learned District Judge has committed an error of law resulting in an error in the decision occasioning failure of justice in holding that the suit was not maintainable for not redressing the dispute through th......a considerable quantum of earth became surplus and the defendant No.6, on 21-5-2001 verbally asked the plaintiff to extend the said volume of work with the surplus earth to their chosen site and accordingly, the plaintiff started the modified work relying upon the verbal assurance of the d......titioner
Vs.
M/s. Abdul Mannan and anothers.................Respondents
Judgment
February 23, 2011.
Result:
These leave petitions are dismissed.
Cases Referred to-
Maico Jute and Bag Corporation Vs. Bangladesh Jute Mills Corporation, 8 MLR (AD) 4 = 55 DLR......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: ......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: ......he petitioner. Md. Mozibur Rahman Miah, Advcoate-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 r......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
....o pronounce judgment, or for any other substantial cause". This discretion is not subject to any other limitation or restriction excepting what is indicated by the words used therein. To do justice is the special preserve or domain of a court of law and this has been stressed by the words ......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.
......Court
High Court Division
(Civil)
Present:
ABM Khairul Haque CJ
Md. Muzammel Hossain J
Surendra Kumar Sinha J
Hussain Fabrics Ltd. Represented by its Managing Director and another………….Petitioners
Vs.
Haji Momena Khatun and oth......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)
....f the Muslim Marriages and Divorces(Registration) Rules, 1975 notice is required to be served upon the Nikah Registrar before cancellation of licence and it is also a fundamental principle of natural justice that no action shall be taken against any person without giving him any opportunity of being......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. ......ages and Divorces (Registration) Rules, 1975; Rule 8(2) No action should be taken against a person without giving him any opportunity of being heard. When any person is given the temporary licence to perform the responsibilities of a Nikah Registrar, he will be entitled to have a licence of a Nik......e Nikah registrar holding temporary license, the government is at liberty to hold an inquiry into the matter after givÂing the Nikah registrar a notice to show cause and thereafter take steps as per law and if necesÂsary 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. ......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. ......ebruary 15, 2011. Result: The Rule is made absolute. The proceeding under article 102(2) of the Constitution is a summary one and it is mainly decided on the statements and documents annexed to the writ petition and the affidavit-in-opposition filed by the respective parties. In this summar......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 ......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 ......ondent Nos. 3-6. Civil Appeal No.134 of 2007. Judgment Surendra Kumar Sinha J. - Only point involves in this appeal is whether the Artha Rin Adalat can draw up a final decree beyond the statutory period of three years from the date of preliminary decree. 2. To decide this point let us re......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
....influential persons. Moreover, if and when any cases are started, the employers somehow manage to get the case settled by paying the informants/complainants, thus defeating any possibility of getting justice for the children and other domestic workers.
7. The learned advocate for the petitioner h......d many reputed authors and researchers of Bangladesh. Referring to a study by ILO, the author writes as follows:
“Child labor as domestic help can indeed be an example of exploitative employment according to the ILO. Child domestic labor (CDL) refers to “[d]omestic work undertaken by children...... Division, Represented by Cabinet Secretary, Bangladesh Secretariat, Dhaka and others .........Respondents
Judgment
February 15, 2011.
Result:
The Rule is made absolute.
Case Referred to-
Ain O Salish Kendra (ASK), represented by its Executive Director and another Vs. Bangladesh, ...... 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: ...... 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: ......titioner Vs. Agrani Bank, Laldighi East Branch, Chittagong and others…... Respondents Judgment February 10, 2011. Result The Rule is discharged. Cases Referred to- 15 MLR (AD) 96, 13 BLC, 391; 14 BLC, 107 and 716. Lawyers Involved: Sk. Zulfiqur ......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 ......on Act, 1925. 13. On the other hand, Mr. Shamim Khaled Ahmed, the learned Advocate appearing for the opposite party No. 7, Agrani Rank Ltd. supports the judgments of two Courts below, which were according to him just, correct and proper. He in the course of his argument upon placing the plaint ......………..Respondent Judgment February 9, 2011 Result: The Rule is discharged of. Artha Rin Adalat Ain, 2003; Section 32 The party (plaintiff-petitioner) took a wrong way to ventilate his grievances, other than the recourse prescribed by specific provisi......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)
....nt of the cheque. That being the situation, the proceeding cannot be allowed to continue as it would result abuse of process of the Court and, as such, it is necÂessary to be quashed for the ends of justice. The learned Advocate for the accused petitioner has referred to the case decision of Jammu ......the petition of complaint clearly attract the penal provision of section 138 of the Negotiable Instruments Act. He submits that the accused-petiÂtioner himself received loan from the complainant and accordingly he alone issued the cheque for payÂment of loan and it was dishonoured for insufficienÂ.................Petitioner Vs. State and another……………………………………..Opposite-Parties Judgment February 6, 2011. Result: The Rule is discharged. Cases Referred to- Sher Ali Vs. State, 46 DLR (AD) 67; 17 BLD (AD) 44=2 BLC (AD) 16, 36 DLR (AD) 14; 28 DLR (AD)......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. ......lf of the company to take loan from the complainant bank. On the basis of the said authority accused-petitioner No.1 applied to the complainant bank (hereinafter referred to as the bank) for loan and accordingly, the bank gave loan to the company vide sanction letter No.13 of 2004 dated 22-3-2001. T...... Judgment February 3, 2011. Result: The Rule is discharged. Lawyers Involved: Meah Mohammad Kausar Alam, Advocate—For the Petitioners. Md. Sohrowardi, Deputy Attorney-General—For the State-Opposite-Party. Hossain-al-Amin, Advocate—For the Oppo......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
Aslam Khan Vs. Artha Rin Adalat, Moulvibazar and another, 2011, 40 CLC (HCD)
....e bank to allow the petitioner to file an application afresh for exemption of interest and to dispose of the same on merit, beyond the time prescribed in circular dated 24.3.2010, to meet the ends of justice. 6. On the other hand Mr. Mohammad Ali, the learned Advocate appearing for the responde...... to the Manager, Sonali Bank Ltd., Bhairabganj Bazar Branch, Moulvibazar and also to the concerned executing Court. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......ate -For the Petitioner. Mohammad Ali, Advcoate-For the Respondent. Writ Petition No. 6198 of 2010. Judgment Md. Ruhul Quddus J. - This Rule Nisi, at the instance of a judgment debtor in an Artha Rin Decree, was issued calling in question order dated 15.4.2010 passed by the Artha...... to the Manager, Sonali Bank Ltd., Bhairabganj Bazar Branch, Moulvibazar and also to the concerned executing Court. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..Category: Banking Law | Date: 2 Feb, 2011 | Hits: 217
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