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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. ...... Appeal No.836 of 1991, dismissing the appeal, affirming the judgment and decree dated 28.01.1991 of the Subordinate Judge and Artha Rin Adalat, Comilla in Artha Rin Case No.123 of 1990 decreeing the case in part granting simple interest at the rate of 6% per anum from the date of filing till the ..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. ...... Appeal No.836 of 1991, dismissing the appeal, affirming the judgment and decree dated 28.01.1991 of the Subordinate Judge and Artha Rin Adalat, Comilla in Artha Rin Case No.123 of 1990 decreeing the case in part granting simple interest at the rate of 6% per anum from the date of filing till the ..Category: Banking Law | Date: 22 Jun, 2011 | Hits: 7
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. ......debtors having failed to pay the decretal dues, the Bank filed Money Decree Execution Case No.08 of 1995 before the Adalat in the year 1995 for realization of the decretal dues. The said execution case is pending before the Adalat and in the execution case on an application filed by the decree..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. ......the defect of parties and the limitation. 3. Short facts which gave rise to the institution of the pre-emption proceeding are as follows: 4. Elahi Box and Abdul Malek Mollah are owners of the case holding in equal shares. There was an amicable partition between the said co-sharers. By an ami..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. ......ued by the General Secretary of the Bar Association (Annexure-A to the supplementary affidavit) showed that the said Advocate died on 29.11.2004. The High Court Division also considered the four cases, namely, Khairullah Vs. A.D.C. (Revenue) and Another (2002) 54 DLR (AD) 13, Abu Ali Chowdhury ..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. ......sed cheque “account payee”, for any reason whatsoever including the dissimilarity of the signature of the drawer on the cheque, the offence under the section shall be complete and in that case the payee shall have the liberty to file a petition of complaint before the competent Magistrat..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. ...... propriety of any finding, sentence and order passed by the criminal courts………...... (16) Judgment and order based on evidence of intersted witness not sustainable In a case where the informant and investigating officer is the same person, the informant is an intereste..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: ......of a complainant, is directed against order dated 7.7.2008 passed by the Nari-o-Shishu Nirjatan Daman Tribunal, Patuakhali in Nari-o-Shishu Case No.185 of 2004 stopping all further proceedings of the case. 2. Facts leading to this appeal, in short, are that the appellant filed a petition of compl..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: ...... and convicting him thereunder to serve a sentence of 3 years rigorous imprisonment and to pay a fine of Tk. 5,000/- in default to undergo simple imprisonment for 3 months more. 2. The prosecution case, in short, was that the P.W.1 Selina Akter, Office Assistant of Ghontaghar Adarsha Girls School..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. ......2011. Result: The appeal is disposed of. Words and phrases Formal defect Formal defect includes every kind of defect which is in no way affect the merits of the case i.e. a defect of form not a defect in the merits of the case. 'formal defect' must be given a ..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:......e and Arbitrator, Dhaka in Arbitration Revision No. 110 of 1992 should not be set aside or pass such other or further order or orders as to this court may seem fit and proper. 2. The facts of the case, in short, are that the present applicants were the owners of a land measuring .12 acres pertai..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: ......ing cost. 22. We do so by taking account of the petitioner’s averments that his organisation, Human Rights And Peace For Bangladesh (HRPB), is working on different issues and have filed many cases in this Division with success on public interest matters, the organization bears the cost of ..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: ......e of the principle of natural justice since neither BGP (Bangladesh) International nor BGP Inc. CNPC has been made party in the process nor they have been called upon to represent their part of the case. In this regard he submits that if the respective correspondences/documents as contained in A..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. ......are heard together and being disposed of by this common judgment which will govern both the matters. The facts of these two matters are as follows: 2. Company Matter No.61 of 2010. The case of the petitioner in Company Matter No.61 of 2010 in short is that he is a shareholde..Category: Company Law | Date: 26 May, 2011 | Hits: 9
Sk. Nurul Islam Vs. State, 2011, 40 CLC (HCD)
....e 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 the jurisdiction of the Court. Mr. Siddique further submits that the prosecution coul......of the Penal Code and sentencing him to rigorous imprisonment for four years and to pay a fine of Tk.5,000/-, in default, to suffer simple imprisonment for one year more. 2. The prosecution case, in short, is that, one Md. Sobir Ahmed, District Anti-Corruption Officer, Kushtia lodged a wri..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: ......dant No.1 did not take any advantage of exemption of loan as it was offered to him like other borrowers by the government. Since the loan amount could not be realized, the bank was bound to file this case against the defendant and prayed for a decree so that the plaintiff bank can realize the loan a..Category: Banking Law | Date: 18 May, 2011 | Hits: 209
Monzur Ahmed Bhuiyan & others Vs. Adilur Rahman Khan and others, 2011, 40 CLC (AD)
....nd Order passed by the High Court Division. Accordingly, this Civil Petition is dismissed. No order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 47. ...... servants. During the last Caretaker Government, the Anti-Corruption Commission served notice upon them to submit their wealth statements but their replies were not satisfactory. In due course, their cases were forwarded to the সত্য ও জবাব্দিহিতা কমিশন (Trut..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. ......e to default of the Bank to publish auction notices in two daily news papers. Thereafter the decree holder Bank instituted the present Artha Execution Case No.682 of 2005. 4. Pending the execution case, the petitioner filed an application under Order 21 rule 83 of the Code Civil Procedure (shortl..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: ......n for granting him extraordinary leave for the said period without pay and for posting him to any Degree College situated within Dhaka (Annexure-I). The similar nature of prayer was allowed in the case of one Mr. Ahmadul Bari, a Lecturer of Bengali Department, in Dhaka College who remained absen..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. ......f the learned Advocate but I find learned Advocate for the petitioners always absent which is a misconduct as when an advocate received and filed vokalatnama he is duty bound to appear and defend the case of his litigant client. 3. It is the case of the plaintiff that .0114 acres of land of plot ..Category: Civil Law | Date: 15 May, 2011 | Hits: 29