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Sonali Bank Limited Vs. Abdul Malek and another, 2011, 40 CLC (HCD)

....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......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. ..

Category: Banking Law | Date: 22 Jun, 2011 | Hits: 162

Sonali Bank Limited Vs. Abdul Malek and another, 2011, 40 CLC (HCD)

....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......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. ..

Category: Banking Law | Date: 22 Jun, 2011 | Hits: 7

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

.... 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......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. ..

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)

....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......e-emptor's father and later on under her. Pre-emptor requested the respondent No.2, the vendor on different occasions to partition the joint property left by her parents. Pre-emptor's husband being a Government Servant, she used to stay with her husband at different places and so she could not visit..

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

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

....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). ......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)

....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......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)

....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...... 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)

....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......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:   ..

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

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

....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......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)

....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...... in nutshell is that the suit land was originally belonged to Pakistan Tobacco Company Ltd. After liberation of Bangladesh as per provision of President Order No.16 of 1972 suit land vested in the Government. Government sold the suit land to the plaintiff by registered deed, Exhibit-1. Governmen..

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

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

....-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......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)

....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......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)

..... 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......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)

....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......f the members of the company are sponsor share-holders. Section 3(2) of the Capital Issues (Continuance of Control) Act, 1947 (as then was in force) required that a company must obtain consent of the Government for making any public offer of securities. Further section 4 of the said Capital Issues (..

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

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

.... 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...... 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)

....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. ......g dues against the defendant for an amount of was Tk. 17,07,996.30. For realization of this amount of money the plaintiff through their Legal Advisor sent a legal notice to the defendant No.1. As per Government policy the defendant No.1 filed an application for exemption of interest. But interest wa..

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

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

....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......or deeds or exonerations made or proceedings taken under the said Ordinance by the Truth and Accountability Commission was made without lawful authority and is no legal effect. 3. Initially, the Government of Bangla­desh, represented by the Secretary, President's Secretariat and 4(four) others..

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

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

....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...... 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. ..

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

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

....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......ed Akhtar Imam, Senior Advocate with Ms. Rubaiya Zara Khan, Advocate with Md. Kamal Hossain, Advocate-For the Petitioner. Ms. Farida Yeasmin, Assistant Attorney General-For the Respondent-Government. Writ Petition No. 4717 of 2010 Judgment Farah Mahbub J. -  In this R..

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)

....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 ....... 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