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Md. Abul Hashem Vs. State, 2011, 40 CLC (HCD)
....lip;…………………………………....For the Opposite party Judgment May 15, 2011. Result: The rule is made absolute. Cases Referred To- Ali Akkas Vs. Enayet Hossain and others, 17 BLD (AD) 44; ......nted with any other case. Send down the lower Court records at once. Md. Rezaul Hasan J.- I agree. Ed. This Case is also Reported in: 16 BLC (2011) 699, 31 BLD (HCD) (2011) 427. ...... Criminal Miscellaneous Case No.1852 of 2007. Judgment Md. Shamsul Huda J.- The instant rule was issued on 13.2.2007 calling upon the opposite party to show cause as to why the judgment and order of conviction and sentence dated 30.3.2005 passed by the learned Judge, Nari-0-Shishu Nirjaton......nted with any other case. Send down the lower Court records at once. Md. Rezaul Hasan J.- I agree. Ed. This Case is also Reported in: 16 BLC (2011) 699, 31 BLD (HCD) (2011) 427. ..Category: Women and Children | Date: 15 May, 2011 | Hits: 95
....
Appellate Division
(Civil)
Present:
ABM Khairul Haque CJ
Md. Muzammel Hossain J
Surendra Kumar Sinha J
Md. Abdul Wahhab Miah J
Syed Mahmud Hossain J
Muhammad Imman Ali J
Mohammad Tayeeb……………………&......under what authority he claims to hold that office.
(3) Notwithstanding anything contained in the foregoing clauses, the High Court Division shall have no power under this article to pass any interim or other order in relation to any law to which article 47 applies.
(4) Whereon an appli...... and others…………………..Respondents (In both the appeals)
Judgment
May 12, 2011.
Result:
Both the appeals are allowed in part with the orders.
Cases Referred to-
Government of Bangladesh and another Vs. Sheikh Hasina and anot......authorized, is maintained.
No order as to costs.
This Case is also Reported in:
..
Category: Civil Law | Date: 12 May, 2011 | Hits: 34
Shahnaj Begum Munni Vs. State and another, 2011, 40 CLC (HCD)
.... Md. Nazrul Islam Talukder J Shahnaj Begum Munni..........Petitioner Vs. The State and another .....................Opposite parties Judgment May 12, 2011. Result: The Rule is made absolute. Lawyers Involved: Md. Khurshid Alam Khan with Mr. Rezaul Karim, Advocates - For ...... the Metropolitan Sessions Judge, Chittagong are quashed. Let a copy of this judgment be immediately transmitted to the Court below. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 357.......(Panchlaish Zone) under Section 138 of the Negotiable Instruments Act, 1881, now pending in the Court of the Metropolitan Sessions Judge, Chittagong should not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts relevant for the purpos...... the Metropolitan Sessions Judge, Chittagong are quashed. Let a copy of this judgment be immediately transmitted to the Court below. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 357...Category: Banking Law | Date: 12 May, 2011 | Hits: 251
Obaidul Kader (Md.) Vs. State, 2011, 40 CLC (HCD)
....Reported in: 63 DLR (HCD) (2011) 425. ....... The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 425. ...... Case No.89 dated 30-9-2007 corresponding to ACC GR No.10 of 2007, now pending in the Court of Special Judge, Court No.7, Sher-e-Bangla Nagar, Dhaka should not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts leading to the is....... The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 425. ..Category: Anti-Corruption Laws | Date: 11 May, 2011 | Hits: 223
Rupali Bank Ltd. Vs. Sree Babu Jiban Kumer Shaha, 2011, 40 CLC (HCD)
....in Artha Rin Suit No. 14 of 1996 passed by the Subordinate Judge, Artha Rin Adalat, Sherpur decreeing the suit in part. 2. The appellant as plaintiff instituted Artha Rin Case No.14 of 1996 impleading the respondent as defendant for realization of Tk. 1,53,412/- as the principle amount along wi......aintiff. 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: .......12.1995. The plaintiff prayed to the Court to pass a preliminary decree in favour of the plaintiff for an amount of Tk. 1, 53,412/- (including interest and panel interest) and also prayed to pass an order to give all expenses including interest and panel interest to the bank. The defendant conteste......aintiff. 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: Banking Law | Date: 11 May, 2011 | Hits: 210
Syed Moazzem Hossain (Md.) Vs. Tahsia Khanam and others, 2011, 40 CLC (HCD)
.... stock except when a distinction between stock and shares is expressed or implied. So, share is a movable property of the company having market value. By the amended prayer of the plaint it has been made for recovery of possession of shares. The shares got its market value. As per the statements mad......aside. The suit is dismissed, however without any Order as to costs. Send down the records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 11. ...... Act, 1994 to the Hon'ble High Court Division of the Supreme Court of Bangladesh which was registered as Company matter No.3 of 1997 but afterwards did not press the matter. The plaintiff in order to harass the defendants filed the said application in the wrong forum with no cause of action......aside. The suit is dismissed, however without any Order as to costs. Send down the records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 11. ..Category: Company Law, Procedural Law | Date: 8 May, 2011 | Hits: 9
Kyung Hae Maritime Co. Ltd. and others Vs. M.V. BF Glory and others, 2011, 40 CLC (HCD)
....ong Dong-Gu Pusan City Republic of Korea as Manager / M.V. BF Glory (Ex-Kunai) represented by their Constituted Attorney M/S Kabir & Associates, 40/A, Panchlish Residential Area, Chittagong, Bangladesh……...Plaintiff Vs. 1. M.V. BF Glory (Ex-kunai), A vessel now berth at CUFL, Jetty......No.19 of 2009 M/S. Kysco Shipping Co. Ltd. and also against the BF. Shipping Limited in Admiralty Suit No. 27 of 2009 and Admiralty Suit No. 28 of 2009. Ed. This Case is also Reported in: ......lied necessaries of electrical items as per list dated 23-10-2008 for the period of 7-10-2008 to 23-10-2008. The plaintiff also made services as per service report to the defendant No.1 vessel by the order of the disponent owner/charterer the defendant No. 2 which commenced on 30-9-2008 and further ......No.19 of 2009 M/S. Kysco Shipping Co. Ltd. and also against the BF. Shipping Limited in Admiralty Suit No. 27 of 2009 and Admiralty Suit No. 28 of 2009. Ed. This Case is also Reported in: ..Category: Admiralty Law or Maritime Law | Date: 4 May, 2011 | Hits: 70
Hossain Md. Rajib Vs. State, 2011, 40 CLC (HCD)
....84 (SC) 372; Habibur Rahman Chowdhury Vs. State, 3 BCR (SC) 50; Khair Fakir Vs. State, 35 DLR 167; Sree Kalyan Kumar Vs. State, 40 DLR (AD) 290; PLD 1972 (SC) 81. Lawyers Involved: Sk Muhammad Serajul Islam, Advocate - For the Accused Appellant. KM Zahid Sarwar, Deputy Attorney-Genera......he propriety of the impugned order. It is evident that the learned Judge exercised her jurisdiction in rejecting the application for bail as salishder of a village. 7. At the time of granting ad-interim bail by us the learned Deputy Attorney General also could not support the impugned order. ......General and Monzu Naznin (Rosy), Assistant Attorney-General - For the State. Criminal Appeal No. 457 of 2011. Judgment Md. Shamsul Huda J.- This appeal was preferred challenging the order dated 19-1-2011 passed by the learned Judge, Nari-o-Shishu Nirjatan Daman Tribunal, Brahmanbar......ellant along with other accused persons voluntarily surrendered before the High Court Division and after considering the merit of the case a Division Bench of this Court was pleased to grant them anticipatory bail for a period of six months. On expiry of the aforesaid period they have voluntaril..Category: Women and Children | Date: 2 May, 2011 | Hits: 171
M/S. Ace Traders Vs. M. V. DIJENDRALAL and Others, 2011, 40 CLC (HCD)
....dmiralty Jurisdiction) Present: AFM Abdur Rahman J M/S. Ace Traders, Zerin Mansion 55, Motijheel Commercial Area, P. S. Motijheel, Dhaka-1000, represented by its ......es Insurance Company Limited on contest and also against the defendant Nos.1, 2, 3, 5, 7, 9 and 10 ex parte. However, there shall be no order as to costs. Ed. This Case is also Reported in: ......d, Bangladesh Inland Water Transport Authority (BIWTA), M/S. Sontosh Overseas Freight, Business Services Corporation and Rupali Bank Ltd., as principal defendants and also added defendant No.10 by an order of this Court, dated 14-8-1996, M/S. Atlas Shipping Lines Ltd., as principal defendant whereup......es Insurance Company Limited on contest and also against the defendant Nos.1, 2, 3, 5, 7, 9 and 10 ex parte. However, there shall be no order as to costs. Ed. This Case is also Reported in: ..Category: Admiralty Law or Maritime Law | Date: 27 Apr, 2011 | Hits: 64
National Board of Revenue and others Vs. Lt. Col. Kazi Shahid Ahmed (Retd.), 2011, 40 CLC (AD)
....t the respondent No.1 was registered with the VAT on 01-07-1991 and paid VAT from 26-06-1992 to 05-10-1992 at the rate of 15% (Annexure-D to the writ petition). But by a letter dated 09-11-1993, addressed to the member of the National Board of Revenue, the appellant No.1 terming the company as ...... Court Division in Writ Petition No.1953 of 1996, is set-aside and the appeal is allowed, however, without any order as to cost. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 119. ......e-on-Record-For Appellants. AM Aminuddin, Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For the Respondent. Civil Appeal No.70 of 2004. (From the judgment and order dated 21st July, 2002 Passed by the High Court Division in Writ Petition No.1953 of 1996) ...... Court Division in Writ Petition No.1953 of 1996, is set-aside and the appeal is allowed, however, without any order as to cost. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 119. ..Category: Fiscal/Taxation Law | Date: 26 Apr, 2011 | Hits: 217
A. M. Anwarul Haque Vs. State, 2011, 40 CLC (HCD)
....ment Act, 1958 is directed against judgment and order dated 29.8.2002 passed by the Special Judge, Sylhet in Special Case No.123 of 2001 convicting the appellant under section 409 of the Penal Code read with section 5 (2) of the Prevention of Corruption Act, 1947 and sentencing him thereunder to suf......side. The appellant is released from his bail bond. Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......ral-For the respondent. Criminal Appeal No. 2797 of 2002. Judgment Md. Ruhul Quddus J. - This appeal under section 10 of the Criminal Law Amendment Act, 1958 is directed against judgment and order dated 29.8.2002 passed by the Special Judge, Sylhet in Special Case No.123 of 2001 convicting ......side. The appellant is released from his bail bond. Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: 25 Apr, 2011 | Hits: 200
Anwar Cement Limited and others Vs. Bangladesh Bank and other, 2011, 40 CLC (HCD)
.... High Court Division (Special Original Jurisdiction) Present: Zinat Ara J Md. Abu Zafar Siddique J Anwar Cement Limited and others……………............Petitioners Vs. Bangladesh Bank and others…………………......Respondents Judgment April 24, 2011. The Ba......fore, the rule is disposed of with the above observations without any order as to costs. The order of stay stands vacated. Md. Abu Zafar Siddique J.- I agree. This Case is also Reported in: ......ome other valid reasons. In view of the above, there is no scope of the petitioners being aggrieved by the CIB Report. Therefore, the rule is disposed of with the above observations without any order as to costs. The order of stay stands vacated. Md. Abu Zafar Siddique J.- I agree. Th......fore, the rule is disposed of with the above observations without any order as to costs. The order of stay stands vacated. Md. Abu Zafar Siddique J.- I agree. This Case is also Reported in: ..Category: Banking Law | Date: 24 Apr, 2011 | Hits: 363
Altaf Hossain and another Vs. State, 2011, 40 CLC (HCD)
....others alleging inter alia that they were members of Sarbahara Party and used to commit robbery in different places. The accused persons being equipped with dao, stick, cut rifle, iron rod and knife had appeared in front of her house and called with the name of her husband at about 1/1.30 a.m. on 24......o.89 of 1995 is hereby set aside. The appellants are released from their bail bonds. Send down the lower Court records. Naima Haider J.- I agree. This Case is also Reported in: ...... General-For the respondent. Criminal Appeal No.914 of 1996. Judgment Md. Ruhul Quddus J.- This appeal under section 30 of the Special Powers Act, 1974 is directed against judgment and order dated 30.6.1996 passed by the Special Tribunal No.6, Barisal in Special Tribunal Case No.89 of......o.89 of 1995 is hereby set aside. The appellants are released from their bail bonds. Send down the lower Court records. Naima Haider J.- I agree. This Case is also Reported in: ..Category: Women and Children | Date: 17 Apr, 2011 | Hits: 159
Padma Oil Company Limited Vs. Md. Abdus Samad and others, 2011, 40 CLC (AD)
....his Case is also Reported in: 21 BLT (AD) (2013) 154. ......ry license/permit for supplying fuel as per prevailing rules. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 154. ......ner, has taken us to the writ petition particularly the prayer made therein, the relevant documents annexed with the petition and argued that in the absence of issuance of letter of indent or work order, and before making any communication of approval for filling station, the writ-petitioner can......ry license/permit for supplying fuel as per prevailing rules. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 154. ..Category: Others | Date: 7 Apr, 2011 | Hits: 7
Kartic Das Gupta Vs. Election Commission of Bangladesh and others, 2011, 40 CLC (AD)
....find no merit in the submissions of Mr. Ahsanul Karim. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 578, 19 BLC (AD) (2014) 113. ......ion declaring the election schedule for holding the election of the above mentioned 4(four) Pourashavas was stayed by the High Court Division. Subsequently, this Court stayed operation of the said ad-interim order passed by the High Court Division in the writ petition and then the Election Commissio......aufique Hossain, Advocate-on-Record- For Respondent No.10. None represented-For Respondent Nos.1-9 and 14-16. Civil Petition for Leave to Appeal No. 511 of 2011. (From the judgment and order dated the 15th day of February, 2011 passed by the High Court Division in Writ Petition Nos. 9......we find no merit in the submissions of Mr. Ahsanul Karim. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 578, 19 BLC (AD) (2014) 113. ..Category: Election Law | Date: 3 Apr, 2011 | Hits: 168
Md. Jahir Uddin and others Vs. Md. Molin Ali and others, 2011, 40 CLC (HCD)
.... of 2005 allowing the same and thereby reversing those dated 23.11.2004 passed by the Senior Assistant Judge, Gobindaganj, Gaibandha in Other Class Suit No.8 of 1997 decreeing the suit. 2. Facts leading to this civil revision are that the petitioners instituted Other Class Suit No.8 of 1997 befor...... dated 23.11.2004 passed by the Assistant Judge, Gobindaganj, Gaibandha in Other Class Suit No.8 of 1997 is maintained. Send down the lower Court records. Ed. This Case is also Reported in: ......d was published in the name of Gandola Sheikh, which was the nick name of Meher Mondal. 4. On the aforesaid pleadings, the trial Court framed the issues and proceeded with trial. The plaintiffs in order to prove their case cited three witnesses, namely, plaintiff No.1 Md. Jahir Uddin as P.W.1, on...... dated 23.11.2004 passed by the Assistant Judge, Gobindaganj, Gaibandha in Other Class Suit No.8 of 1997 is maintained. Send down the lower Court records. Ed. This Case is also Reported in: ..Category: Property Law | Date: 31 Mar, 2011 | Hits: 68
Md. Aynal Haque Vs. State, 2011, 40 CLC (HCD)
....judgment to the Courts below. Md. Ashraful Kamal J.- I agree. This Case is also Reported in: ...... sentence to the period undergone with fine as stated above. Send down the L.C. R. along with the judgment to the Courts below. Md. Ashraful Kamal J.- I agree. This Case is also Reported in: ......or the opposite party. Criminal Miscellaneous Case No. 4086 of 2004. Judgment AKM Asaduzzaman J.-This rule was issued calling upon the opposite party to show cause as to why the judgment and order dated 20.11.2003 passed by the learned Judge, Nari-O-Shishu Nirjatan Daman Tribunal No.2, Chua...... sentence to the period undergone with fine as stated above. Send down the L.C. R. along with the judgment to the Courts below. Md. Ashraful Kamal J.- I agree. This Case is also Reported in: ..Category: Women and Children | Date: 30 Mar, 2011 | Hits: 100
ATM Qamuzzaman Khan Vs. State and another, 2011, 40 CLC (HCD)
....ecords expeditiously. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 442. ......o discharged from his bail bond. Communicate this order at once and send down the lower Court's records expeditiously. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 442. ......; Result: The appeal is allowed. Appeal under section 15 According to section 15 of Building Construction Act, 1952 if any person is aggrieved by any order passed by any authorised officer under section 3 of the said Act, he/she can prefer appeal bef......o discharged from his bail bond. Communicate this order at once and send down the lower Court's records expeditiously. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 442. ..Category: Criminal Law | Date: 29 Mar, 2011 | Hits: 3
Md. Zaved Khan Vs. Anti Corruption Commission and others, 2011, 40 CLC (HCD)
....Let the supplementary affidavit shall part of the main petition. 2. One Md. Zaved Khan has filed this application under Article 102(2)(a)(ii) of the Constitution of the People's Republic of Bangladesh challenging the legality of the order dated 6-7-2010 in Permission Petition No.76 of 2010 pass......vided by law referred to above. So we are not ready to entertain the writ petition. Hence the application is summarily rejected. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 221. ......part of the main petition. 2. One Md. Zaved Khan has filed this application under Article 102(2)(a)(ii) of the Constitution of the People's Republic of Bangladesh challenging the legality of the order dated 6-7-2010 in Permission Petition No.76 of 2010 passed by the learned Senior Special Judge......vided by law referred to above. So we are not ready to entertain the writ petition. Hence the application is summarily rejected. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 221. ..Category: Criminal Law | Date: 22 Mar, 2011 | Hits: 75
Zahidur Kazi and others Vs. State, 2011, 40 CLC (HCD)
....he order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......moved for bail, since their prayer for bail was rejected by the impugned order then they preferred the instant appeal and at the time of admission of appeal the appellant Nos.2-4 have been granted ad-interim bail except of appellant No.1. 3. The learned advocate appearing for the appellant on d......or the respondent. Criminal Appeal No. 7893 of 2009. Judgment AKM Asaduzzaman J. - This appeal was preferred under section 28 of the Nari-O-Shishu Niarjatan Daman Ain, 2000 against the order dated 25.11.2010 passed by the Nari-O- Shishu Nirjatan Daman Tribunal, Narail in Nari-O-Shishu......to cancel the bail, if the accused appellants misuse in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..Category: Women and Children | Date: 22 Mar, 2011 | Hits: 77
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