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Sonali Bank Limited Vs. Abdul Malek and another, 2011, 40 CLC (HCD)
....w that this Civil Petition for Leave to Appeal has no merit and is, accordingly dismissed, without, however, any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 649. ......taz Uddin Ahmed J Md. Shamsul Huda J Sonali Bank Limited, represented by its Manager, Kangshanagar Branch, Comilla………………………………Petitioner Vs. Abdul Malek and another……………………..Respondents Judgment June 22, 2011. Result: ......rd-For the petitioner. Abdul Malek (In person)-For respondent No.1. Not represented-For respondent No.2. Civil Petition for Leave to Appeal No.2012 of 2010. (From the judgment and order dated 20.05.2010 passed by the High Court Division in First Appeal No.836 of 1991). Judgm..Category: Banking Law | Date: 22 Jun, 2011 | Hits: 162
Sonali Bank Limited Vs. Abdul Malek and another, 2011, 40 CLC (HCD)
....w that this Civil Petition for Leave to Appeal has no merit and is, accordingly dismissed, without, however, any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 649. ......Muhammed Mamtaz Uddin Ahmed J Md. Shamsul Huda J Sonali Bank Limited, represented by its Manager, Kangshanagar Branch, Comilla……………………Petitioner Vs. Abdul Malek and another……………………..Respondents Judgment June 22, 2011. Result: ......rd-For the petitioner. Abdul Malek (In person)-For respondent No.1. Not represented-For respondent No.2. Civil Petition for Leave to Appeal No.2012 of 2010. (From the judgment and order dated 20.05.2010 passed by the High Court Division in First Appeal No.836 of 1991). Judgm..Category: Banking Law | Date: 22 Jun, 2011 | Hits: 7
Iftekhar Uddin Ahmed Vs. Artha Rin Adalat and another, 2011, 40 CLC (HCD)
.... 1995 along with an application for condonation of delay as per provision of the Limitation Act and the Ain. Therefore, execution proceeding as well as the order for issuing warrant of arrest is lawful and the Rule is thus, liable to be discharged. 4. Mr. Md. Hadayet Hossain, the learned ...... Original Jurisdiction) Present: Zinat Ara J Md. Moinul Islam Chowdhury J Iftekhar Uddin Ahmed…………………………………….Petitioner Vs. Artha Rin Adalat and another……………………………………….Respondents Judgment June 20, 20...... Adalat and in the execution case on an application filed by the decree-holder-Bank under section 34 of the Artha Rin Adalat Ain, 2003 (the Ain, in brief), the learned Judge of the Adalat passed order for 6 months Civil custody of the petitioner and issued warrant of arrest against him. The pe..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)
....ings, the evidence on record, the judgments and submits that the manner in which the High Court Division interferes with the judgment of the lower appellate Court is against the settled principles of law, inasmuch as, the lower appellate Court upon proper sifting of the evidence on record has held t......sain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Md. Habibur Rahman Bhuiyan and others........................Appellants Vs. Mosammat Galman Begum and others...................ul-Alam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For Respondent No.1. Ex-parte- For Respondent Nos. 2(a)-3. Civil Appeal No.191 of 2005 (From the judgment and order dated 25.1.2003 passed by the High Court Division in Civil Revision No.5935 of 2000.) Judgm..Category: Property Law | Date: 15 Jun, 2011 | Hits: 169
Abu Bakkar Lashkar & others Vs. Rostam Ali Mondal & others, 2011, 40 CLC (AD)
....ereafter in the middle of the year 2004, the said Advocate died, and hearing the news, petitioner No.1 went to the house and the chamber of the said Advocate. He tried to collect information from the law clerk and the junior of the deceased Advocate Mr. Lutfor Rahman. But they expressed their inabil......lam & others…………Respondents Judgment June 9, 2011. Result: The petition is dismissed. Cases Referred to- Khairullah Vs. A.D.C. (Revenue) and another, (2002) 54 DLR (AD) 13; Abu Ali Chowdhury Vs. The State, (1997) 5 BLT (HCD) 3; Nuru Mia ......titioners. M. A. Jabbar, Advocate, instructed by M. G. Bhuiyan, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No.1294 of 2010. (From the judgment and order dated 27.04.2010 passed by the High Court Division in Civil Rule No. 1024(con) of 2009). ..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. ...... Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Arif-Uz-Zaman…………………………..............Petitioner Vs. The State and another…………………….............Respondents ......egum, Advocate-on-Record- For Respondent No.1. Mrs. Sufia Khatun, Advocate-on-Record- For Respondent No.2. Criminal Petition for Leave to Appeal No.514 of 2010. (From the judgment and order dated the 24th day of August, 2010 passed by the High Court Division in Criminal Revision No.1..Category: Banking Law | Date: 9 Jun, 2011 | Hits: 196
Nazir Vs. State, 2011, 40 CLC (HCD)
....t and investigating officer is the same person, the informant is an interested witness and the impugned judgment and order based on the evidence of interested witness is not sustainable in the eye of law…….... (17) Police officer-cum informant should not be investigation officer ......f justice..........(14) Proper use of section 561A Care should be taken so that the jurisdiction under section 561A can not be invoked for the purpose of examining the correctness, legality and propriety of any finding, sentence and order passed by the criminal courts……&helli......section 561A Care should be taken so that the jurisdiction under section 561A can not be invoked for the purpose of examining the correctness, legality and propriety of any finding, sentence and order passed by the criminal courts………...... (16) Judgment and order based..Category: Criminal Law | Date: 7 Jun, 2011 | Hits: 2
Farzana Akter (Kakoli) Vs. Md. Kabir Hossain and others, 2011, 40 CLC (HCD)
....AD) 58, 65 and advanced his submission for continuance with the trial. The learned Judge without distinguishing the said decision of the Appellate Division, 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 ......t High Court Division (Criminal Appellate Jurisdiction) Present: Borhanuddin J Md. Ruhul Quddus J Farzana Akter (Kakoli).......................Appellant Vs. Md. Kabir Hossain and others...........Respondents Judgment June 6, 2011. Cases Referred to- Abdus Salam M......Criminal Appeal No. 5815 of 2008. Judgment Md. Ruhul Quddus J.- This appeal, under section 28 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 at the instance of a complainant, is directed against order dated 7.7.2008 passed by the Nari-o-Shishu Nirjatan Daman Tribunal, Patuakhali in Nari-o-Shish..Category: Women and Children | Date: 6 Jun, 2011 | Hits: 102
Md. Majedur Rahman Vs. State and another, 2011, 40 CLC (HCD)
....een charged. He submitted that the said case was being No.6 dated 13.4.1986 of the Chirirbandar Police Station but the instant case was lodged dated 22.4.2006. He submitted that the Tribunal erred in law in filing to take into consideration the evidence entirely. He further submitted that the prosec......me Court High Court Division (Criminal Appellate Jurisdiction) Present: Shahidul Islam J Md. Majedur Rahman………………………………...........Appellant Vs. The State and another ..................................Respondents Judgment June 6, 2011. Cases Refe......his appeal has been preferred by convict appellant Md. Majedur Rahman, son of Mojir Uddin Ahmed of village-Dakkhin Nashratpur, Police Station- Chirirbandar, District-Dinajpur against the judgment and order dated 14.10.2009 passed by the Nari-OShishu Nirjatan Daman Tribunal, Dinajpur in Nari-O-Shishu..Category: Women and Children | Date: 6 Jun, 2011 | Hits: 142
Bangladesh Tobacco Company Limited Vs. Ashoke Kumar Das & others, 2011, 40 CLC (HCD)
....is defect in the genealogy of acquiring title by the plaintiff and there is defect in the schedule of the property which constitute formal defect, by which if the suit and appeal, it is settled law that appeal is continuation of the suit, be run it must fail. Order XXIII Rule 1 of the Code o......………….Appellant Vs. Ashoke Kumar Das & others…………………Respondent Judgment June 2, 2011. Result: The appeal is disposed of. Words and phrases Formal defect Formal defect includes every kind of defect which is in no way ......t if there be any formal defects and suit for the formal defects shall fail and if the Court is satisfied that no effective purpose would be served in prosecuting the suit, Court can pass necessary order allowing plaintiff to withdraw the suit along with Judgments and decree permission to sue af..Category: Procedural Law | Date: 2 Jun, 2011 | Hits: 6
Chairman, Rajdhani Unnayan Katripakkha Vs. Mosammat Rahima Khatun and others, 2011, 40 CLC (HCD)
....tion and Requisition of Immovable Property Ordinance, 1982 (herein after referred to as the Ordinance). The present opposite party Nos.1-3 received the compensation money with objection through their lawful attorney. The compensation money was inadequate. Thus the opposite party Nos.1-3 were entitle......Hassan J Chairman, Rajdhani Unnayan Katripakkha, RAJUK Bhaban, RAJUK Avenue, Motijheel, Dhaka-1000.............................Opposite Party-Respondent-Petitioner Vs. Mosammat Rahima Khatun and others.............Petitioners-Respondents-Opposite Parties Judgment June 2, 2011. Lawy......-For the Opposite Parties. Civil Revision No. 5831 of 2007. Judgment Obaidul Hassan J. - This Rule was issued calling upon the opposite party Nos.1-3 to show cause as to why the judgment and order dated 28.05.2006 of the learned District Judge, Dhaka in Arbitration Appeal No. 127 of 2002 af..Category: Limitation Law | Date: 2 Jun, 2011 | Hits: 165
Human Rights and Peace for Bangladesh Vs. Bangladesh, 2011, 40 CLC (HCD)
....le Nisi be issued calling upon the respondents to show cause as to why the inaction of the respondents to stop pollution of water of Buriganga river, shall not be declared illegal and without lawful authority and why a direction shall not be given upon the respondents to take necessary step......is Case is also Reported in: ......nga by way of effective measures and as to why the respondents No. 4 shall not be directed to take steps to seal all the sewerage lines linked with river Buriganga and/or pass such other or further order or orders as to this court may seem fit and proper.” 2. Human Rights and Peace fo..Category: Environmental Law | Date: 1 Jun, 2011 | Hits: 37
BGP Inc., China National Petroleum Corporation Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....ontractor” for conduct of 3100 L Km of 2D seismic survey in Block Nos.2, 3, 4, 6, 8 and 11 under proposal No.31.02.204/160 issued on 11.04.2010, should not be declared to have been passed without lawful authority and hence, of no legal effect. At the time of issuance of the Rule the opera......ision (Special Original Jurisdiction) Present: Farah Mahbub J Farid Ahmed J BGP Inc., China National Petroleum Corporation…...........Petitioner Vs. Bangladesh and others…………...........Respondents Judgment May 29, 2011. Result: The....... Respondent no.8 entered appearance by filling affidavit-in-opposition contending, inter alia, that Petrobangla vide notification dated 17.09.2009 invited for EOI from the eligible contractors in order to get seismic contract for carrying out 2-D land seismic survey involving about 3100 Lkm dat..Category: Civil Law | Date: 29 May, 2011 | Hits: 21
Zeyad Rahman and another Vs. Delta Insurance Company and others, 2011, 40 CLC (HCD)
....d also debars sponsor shareholders in electing public directors. ............... (74) Classification of shareholder is not restricted or prohibited by Companies Act There is no provision in law that any person other than member of the company can be eligible to contest election for the off......Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 336. ......ebito justitiae (a remedy which the applicant gets as of right) and no reason for condoning the same needs to be assigned. .............. (50) Court has power to pass consequential or incidental orders while condoning the delay Under the provisions of section 81 (2) of the Companies Act, 1..Category: Company Law | Date: 26 May, 2011 | Hits: 9
Sk. Nurul Islam Vs. State, 2011, 40 CLC (HCD)
....s produced before the Court does not refer to the facts of the case particularly the amount mis-appropriated and the manner and date of misappropriation and such a sanction is not valid in the eye of law and the prosecution must fail on that ground inasmuch as that cuts at the very root affecting th......al Hossain Ahmed J Md. Emdadul Haque Azad J Sk. Nurul Islam..........................Appellant Vs. The State...................................Respondent Judgment May 4 and 19, 2011. Result: The appeal is allowed. Cases Referred to- Abdul Awal...... Criminal Appeal No.2161 of 1997. Judgment Afzal Hossain Ahmed J. - This appeal, at the instance of the convict, Sk. Nurul Islam @ Md. Nurul Islam, is directed against the judgment and order of conviction and sentence dated 11.9.1997 passed by the learned Divisional Special Judge, Khu..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)
....fendant on 09.04.1989 in all paid Tk. 8,11,500/- in cash against Tk. 7,50,200.20. It appears that the defendant paid the principal amount along with more then 18% interest. In spite of that for the unlawful activity of the bank the defendant had to incur a loss of Tk. 36, 14,000/- which the plaintif...... (Civil Appellate Jurisdiction) Present: Faruque Ahmed J Obaidul Hassan J Manager, Rupali Bank Ltd..........................Plaintiff-Appellant Vs. M/S New Music Corner and another …….......Defendants-Respondents Judgment May 18, 2011. Result T......ed 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 prayer to pass an order to allow the plaintiff to sell the pledged goods to adjust the sell proceed with loan amount. ..Category: Banking Law | Date: 18 May, 2011 | Hits: 209
Monzur Ahmed Bhuiyan & others Vs. Adilur Rahman Khan and others, 2011, 40 CLC (AD)
....ic 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 and is of no legal effect and ultra vires the Constitution. The Court further decla...... Syed Mahmud Hossain J Md. Imman Ali J Monzur Ahmed Bhuiyan & others...........Petitioners Vs. Adilur Rahman Khan and others.............Respondents Judgment May 16, 2011. &nb......rd—For the Respondent Nos.1, 2 and 4. Not represented—For the Respondent Nos. 3, 5-6 and 8-9. Civil Petition for Leave to Appeal No.1816 of 2010. (From the judgment and order dated 13-11-2008 passed by the High Court Division in Writ Petition No. 6488 of 2008). Ju..Category: Constitutional Law | Date: 16 May, 2011 | Hits: 267
Major (Retd.) Rafiq Hasan Faruq Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....y the Order No. 28, dated 18.4.2010, (Annexure-E), passed by Artha Rin Adalat, 1st Court, Dhaka, in Artha Execution Case No. 682 of 2005, should not be declared to have been passed illegally, without lawful authority and is of no legal effect." By the Rule issuing order the proceeding of the said......urt Division (Special Original Jurisdiction) Present: Md. Emdudul Huq J Md. Abu Zafor Siddique J Major (Retd.) Rafiq Hasan Faruq ........................Petitioner Vs. Bangladesh and others.................................Respondents Judgment May 16, 2011. Result: Th......in Adalat, 1st Court, Dhaka, in Artha Execution Case No. 682 of 2005, should not be declared to have been passed illegally, without lawful authority and is of no legal effect." By the Rule issuing order the proceeding of the said Execution Case was stayed initially for 3(three) months and subsequ..Category: Banking Law | Date: 16 May, 2011 | Hits: 179
S.M. Humayun Kabir Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... May 15, 2011. Result: The Rule is made absolute. The service of a government servant comes to an end when his resignation is accepted by the authority concerned subject to any law or rules so governing the terms and conditions of the service. Until the resignation is accepted......High Court Division (Special Original Jurisdiction) Present: Farah Mahbub J Farid Ahmed J S.M. Humayun Kabir............................Petitioner Vs. Bangladesh and others…...........………….Respondents Judgment May 15, 2011. Result: ......t Farah Mahbub J. - In this Rule under Article 102 of the Constitution of the People’s Republic of Bangladesh the respondents have been called upon to show cause as to why the impugned order dated 22.07.2008 passed by the respondents releasing the petitioner from service on accepting..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)
.... setting aside the judgment and decree dated 24.4.2004 passed by the learned Senior Assistant Judge Shailakupa, Jhinaidaha. 2. At the out set it is mentioned that it is now become fashion for some lawyers not to attend the Court after obtaining rule and order of stay. Although this matter appeare......rds at once. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 12. ......ssed by the learned Senior Assistant Judge Shailakupa, Jhinaidaha. 2. At the out set it is mentioned that it is now become fashion for some lawyers not to attend the Court after obtaining rule and order of stay. Although this matter appeared regularly for hearing in the cause list with the names ..Category: Civil Law | Date: 15 May, 2011 | Hits: 29
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