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Ferdous Khan @ Alamgir Vs. Islami Bank Bangladesh Ltd. and another, 2010, 39 CLC (HCD)
....d from his bail bond. The order of stay granted earlier by this Court shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 540. ......ntry and that the Agrabad Branch is one of them; that the accused is the manÂaging director of Bagdad Exim Corporation Ltd. a private company limited shares; that on the applicaÂtion of the accused for loan, to run its business, the payee Bank sanctioned loan in the name of the comÂpany of the ac......d from his bail bond. The order of stay granted earlier by this Court shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 540. ......another………………………Opposite party Judgment August 1, 2010. Result: The Rule is made absolute. Case Referred to- Punjtih Ali's case, 29 DLR (SC) 185. Lawyers Involved: Nikhilesh Dutta, Advotae - For the Petitioner Shaheen Ahmed, Advocate - ..Category: Banking Law | Date: 1 Aug, 2010 | Hits: 657
Rehana Begum and another Vs. State, 2010, 39 CLC (HCD)
....sult, the appeal is dismissed. Send down the Lower Court Record at once. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 75; 30 BLD (HCD) (2010) 448. ......used-appellant Nos.1 and 2 with two other accused persons under section 9(3)/30 and 9(3) of the Nari-O-Shishu Nirjatan Daman Ain, 2000 respectively and sentencing them to suffer rigorous imprisonment for life and to pay a fine of Tk. 1,00,000/- each. 2. The prosecution case started upon an ejaher......sult, the appeal is dismissed. Send down the Lower Court Record at once. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 75; 30 BLD (HCD) (2010) 448. ......; 2009 Cr.L.J. 788 (SC) A; Sharad Birdhichand Sarda Vs. State of Maharashtra, (1984) 4 SCC 116: 1984 SCC (Cri) 487; Ratan Singh Vs. State of Hariyana Prodesh, (1997) 4 SCC 161: 1997 SCC (Crl) 525. Lawyers Involved: Md. Shamsuddin, Advocate - For the appellants. Md. Mosharraf Hossain Sarder..Category: Women and Children | Date: 1 Aug, 2010 | Hits: 227
Md. Zahirul Islam Vs. Adamjee Jute Mills Ltd., 2010, 39 CLC (HCD)
....ntiff opposite party's suit is dismissed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 420. ......€¦â€¦Petitioner Vs. Adamjee Jute Mills Ltd……………………………Opposite Parties Judgment July 20, 2010. Result: The Rule is made absolute. In a suit for causing losses or damages, the plaintiff is required to give specific instance of damages suffer......ntiff opposite party's suit is dismissed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 420. ......tance of damages suffered by him and the exact loss caused to him for which the defendant is liable to be called upon to answer his demand.............(17) Case Referred to- 7 MLR 13. Lawyers Involved: A.K.M. Shafiuddin, Advocate - For the petitioner. Jamaluddin Ahmed..Category: Limitation Law | Date: 20 Jul, 2010 | Hits: 38
....here will be no
order as to costs. The order of stay granted earlier by this court stands
vacated.
Zubayer Rahman Chowdhury J. - I agree.
Ed.
This Case is also
Reported in:
......s discharged.
The Bangladesh
Chini-O-Khaddo Shilpa Corporation Karmachari Chakri Probidhamala, 1989
Principle
of natural justice and the necessity to issue show cause notice before the
termination of service of an employee of any statutory body
The doctrine of audi
alt......here will be no
order as to costs. The order of stay granted earlier by this court stands
vacated.
Zubayer Rahman Chowdhury J. - I agree.
Ed.
This Case is also
Reported in:
......DLR (AD) 1 at paragraph 7 BSI;
Corporation Vs. Mahbub Hossain, 29 DLR (SC), 41; Bangladesh Parjatan
Corporation Vs. Shahid Hossain Bhuiyan and others, 43 DLR (AD), 154 para-743
DLR (AD), 154.
Lawyers Involved
Dr. Shahdeen Malik, Advocate-For the
Petitioner.
Md. Riyazuddin Khan-For..
Category: Employment/Service Law | Date: 18 Jul, 2010 | Hits: 5
Sonali Bank Vs. Sheikh Anis Uddin Ahmed, 2010, 39 CLC (HCD)
....d. Consequently Appeal from Original Decree No.841 of 1991 is dismissed. No costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 188. ......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.Petitioner Vs. Sheikh Anis Uddin Ahmed………………………Opposite Party Judgment July 15, 2010. Result: The rule is discharged. When the reason for causing delay is unsatisfactory and not covered by any hypothetication and the conduct of the fi......d. Consequently Appeal from Original Decree No.841 of 1991 is dismissed. No costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 188. ...... to the other side after prescribed period of limitation canÂnot be wiped out. On such type of application unusual long delay of 9 years 5 months 5 days canÂnot be condoned………………(4) Lawyers Involved: No one appears. Civil Rule No.379 (f) of 2002 with First Appeal No. 841 of 1..Category: Civil Law | Date: 15 Jul, 2010 | Hits: 49
Abeda Khatun and others Vs. Md. Idris Mia and others, 2010, 39 CLC (HCD)
....order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 308. ......ble under order 7 rule 11 of the Code of Civil Procedure should not be set aside and/ or pass such other or further order or orders as to this Court may seem fit and proper. 2. Facts relevant for disposal of the Rule, are that, the opposite parties No.1 to 7 as plaintiffs instituted partiti......order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 308. ......te. Cases Referred to- Harunor Rashid Talukder Vs Md. Mahbubur Rahman Talukder and others, 1 MLR (AD) 286; Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 29 DLR (SC) 185. Lawyers Involved: Md. Ashraful Alam, Advocate - For the Petitioner. Shamsuddin Babul wit..Category: Procedural Law | Date: 14 Jul, 2010 | Hits: 3
Ziaur Rahman (Md.) Vs. Artha Rin Adalat & others, 2010, 39 CLC (HCD)
....law and in the light of observations made above. The order of stay granted at the time of issuance of rule stands vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 189. ......bsolute. The Artha Rin Adalat Ain, 2003 (Act No. 8 of 2003); section 34 Section 34 of the Artha Rin Adalat Ain, 2003 has empowered the Adalat to detain the Judgment-debtors in Civil jail for a maximum period of 6(six) months for the purpose making them comÂpelled to pay the decreetal m......law and in the light of observations made above. The order of stay granted at the time of issuance of rule stands vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 189. ......n also his right to challenge that order before the High Court Division cannot be denied on the plea that he did not surÂrender before the Court which passed that order………………(13) Lawyers Involved: Pankaj Kumar Kundu, Advocate - For the Petitioner. Jahangir Alam, Advoc..Category: Civil Law | Date: 14 Jul, 2010 | Hits: 48
ATM Salim Chowdhury Vs. State, 2010, 39 CLC (HCD)
....anted earlier by this Court shall stand vacated. Communicate the order at once. Salma Masud Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 494. ...... short facts leading to filing of this application under section 561A of the Code are that, one Abdul Jalil Bepari, the complainant-opposite party No.1 in this matter, filed a petition of complaint before the Court of Chief Judicial Magistrate, Sylhet, against the accused-petitioner alleging, amongs......anted earlier by this Court shall stand vacated. Communicate the order at once. Salma Masud Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 494. ......te party Judgment July 13, 2010. Cases Referred To- Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 60 DLR (AD) (2008) 195; Shamsul Alam Vs. State, 60 DLR (2008) 677. Lawyers Involved: Munshi Moniruzzaman, Advocate-For the petitioner. Zoglul Haider Afric, A..Category: Banking Law | Date: 13 Jul, 2010 | Hits: 187
AL-Arafah Islami Bank Limited Vs. M/S. Nobel Enterprise, 2010, 39 CLC (HCD)
....on Case No. of 2004 within four months from the date of receipt of this order. Office is directed to send down the record at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 351. ......ruptcy Court, Dhaka rejecting Civil Revision No.393 of 2004 and affirming those of dated 19-08-2004 and 23-08-2004 passed by learned Joint District Judge, third Court, Dhaka, rejecting an application for dismissing Money Execution Case No.01 of 2004 as not maintainable and to return the case record ......on Case No. of 2004 within four months from the date of receipt of this order. Office is directed to send down the record at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 351. ......d……………………………Petitioner Vs. M/S. Nobel Enterprise………………………………..Opposite party Judgment July 12, 2010. Result: The Rule is discharged. Lawyers Involved: No one appears - For the petitioner. Mohammad Imtiaz Farooq Advocate, with ..Category: Procedural Law | Date: 12 Jul, 2010 | Hits: 28
Kohinoor Chemical Co. (BD) Limited Vs. Unilever Bangladesh Limited, 2010, 39 CLC (HCD)
.... aforesaid observations Civil Rule No.931 (FM) of 2009 is disposed of. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 60. ......e suit No.1 of 2009 in the Court of District Judge, Dhaka against defendant under Section 96 read with section 24(2) of the Trade Marks Act, 2009 seeking following relieves: (a) to pass a decree for permanent injunction restraining the defendant from manufacturing, marketing, distributing, sell...... aforesaid observations Civil Rule No.931 (FM) of 2009 is disposed of. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 60. ......ellip;………Respondent Judgment July 11, 2010. Result: The appeal is disposed of. The Civil Rule No.931 (FM) of 2009 is disposed of with observations. Lawyers Involved: Gazi Md. Neamat Hossain, Advocate - For the Appellant. KS Salauddi..Category: Intellectual Property Law | Date: 11 Jul, 2010 | Hits: 269
Monir Hossain (Md.) and anothers Vs. Bangladesh and others, 2010, 39 CLC (AD)
....No.2081 of 2008. The petition is accordingly dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 41, VIII ADC (2011) 404, 8 LG (AD) (2011) 141, 16 MLR (AD) (2011) 245. ......nsparent. The High Court Division observed that the posts were competitive and prized one and in such competitive examination "Transparency in the recruitment process was also necessary not only for the service but also for the Commission in order to maintain the public confidence in such const......No.2081 of 2008. The petition is accordingly dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 41, VIII ADC (2011) 404, 8 LG (AD) (2011) 141, 16 MLR (AD) (2011) 245. ......ia, (1991) 3 SCC 47; State of Haryana Vs. Subhash Chandra Marwala, (1974) 3 SCC 220; Neelima Shangla Vs. State of Haryana, (1986) 4 SCC 268; Jatendra Kumar Vs. State of Punjab, (1985) 1 SCC 122. Lawyers Involved: Abdur Rob Chowdhury, Senior Advocate (with Salauddin Dolon), instructed by Za..Category: Employment/Service Law | Date: 11 Jul, 2010 | Hits: 104
.... Children's Affairs and the Inspector General of police by a special messenger of the Court at the costs of the office.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 61; 63 DLR (2011) 1.......e imposition and execution of extra-judicial/legal penalties by way of framing and adopting and disseminating appropriate guidelines, directions or orders to all concerned authorities to report any information regarding the occurrence or likely occurrence of such incidents should not be declared to ...... Children's Affairs and the Inspector General of police by a special messenger of the Court at the costs of the office.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 61; 63 DLR (2011) 1.......ngladesh and Others………………………..Respondents.
Judgment
July 8, 2010.
Result:
Rules are made absolute.
Case Referred to-
HM. Ershad v. Bangladesh, 2001 BLD (AD) 69.
Lawyers Involved:
Ms. Sara Hossain, Advocate - For the petitioners (In Writ Petition Nos. 5863 of..
Category: Women and Children | Date: 8 Jul, 2010 | Hits: 335
.... of the learned Assistant Attorney General appearing for the petitioners.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in: 15 MLR (AD) (2010) 457; 18 BLC (AD) (2013) 52.
......eneral instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioner.
Monzil Morshid, Advocate instructed by A. S.M. Khaleqiuzzman, Advocate-on-Record-For the Respondents.
Civil Petition for Leave to Appeal No. 2107 of 2009.
(From the judgment and order dated the 14th day of July, 2009...... of the learned Assistant Attorney General appearing for the petitioners.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in: 15 MLR (AD) (2010) 457; 18 BLC (AD) (2013) 52.
......e (NBR), Shegunbagicha, Dhaka, Bangladesh............…Petitioner
Vs.
Advocate Zulhas Uddin Ahmed and others.............Respondents
Judgment
July 8, 2010.
Result:
The petition is dismissed.
Lawyers Involved:
S. M. Moniruzzaman, Assistant Attorney-General instructed by Mrs. Sufia Khatun, A..
Category: Health Law | Date: 8 Jul, 2010 | Hits: 376
Dhirendra Nath Mondal Vs. Agrani Bank Ltd and others, 2010, 39 CLC (HCD)
....3 of 2001 is hereby affirmed. However, there will be no order as to costs. Send down the lower Court's record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 301. ...... 1990 has ousted jurisdiction of all courts and authorities to challenge Judgment and Order of Artha Rin Adalat. But under section 7 of Artha Rin Adalat Ain, 1990 appeal can be preferred against the aforesaid Judgment and order. For preferring appeal 50% of the decretal amount must be deposited. Sec......3 of 2001 is hereby affirmed. However, there will be no order as to costs. Send down the lower Court's record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 301. ......Rule 13 of the Civil Procedure Code, the judgment and order of Artha Rin Adalat can be challenged by depositing 50% of the decretal amount. ....... (6) Writ Jurisdiction can not be invoked Law is now settled since special provision of appeal has been made against the decree passed by the ..Category: Civil Law | Date: 7 Jun, 2010 | Hits: 6
Abul Hashem Vs. State, 2010, 39 CLC (HCD)
....e set at liberty at once if not wanted in connection with any other case. Send down the LC records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)16. ......re is no eyewitness or there is hardly any circumstantial evidence it is essential that the persons who are the next door neighbours or lived near the place of occurrence should be examined for unfolding of the case. And when the prosecution did not examine the witnesses without satisfacto......e set at liberty at once if not wanted in connection with any other case. Send down the LC records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)16. ......owdhury Vs. State, 11 BLD (AD) 2=42 DLR (AD) 253; State Vs. Musa 15 BLD 169=1 BLC 467; Momin Alais Mominul Hoq Vs. State, 16 BLD 246=48 DLR 282; Abdul Bahar alias Abul Bahar Vs. State, 5 BLD 84. Lawyers Involved: Anisul Haque with Sk Baharul Islam, Advocates—For the Appellants. ..Category: Evidence Law | Date: 26 May, 2010 | Hits: 8
Roshanally Mohamed Harji and another Vs. AKM Zakir Hossain and another, 2010, 39 CLC (HCD)
....ut any order as to costs. Sent down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 85; 20 BLT (HCD) (2012) 532 . ......endant-Appellants Vs. AKM Zakir Hossain and another………………………Respondents Judgment May 12, 2010. Result: The appeal is allowed. In a suit for specific performance of a contract, the prime consideration is the bainapatra i.e. the agreemen......ut any order as to costs. Sent down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 85; 20 BLT (HCD) (2012) 532 . ......b Begum Vs. Shaheb Ali Akunji, 12 MLR 337; Shamsul Haque Vs. Sarafat Ali, 46 DLR 57; Reliable Jute Traders Vs. Sonali Bank, 7 BLC 16; Syed Ali Sarder Vs. Shahabuddin Ahmed Chowdhury, 18 DLR 198. Lawyers Involved: AJ Mohammad Ali, with Md. Iqbal Kabir, Advocates - For the Appellants. ..Category: Property Law | Date: 12 May, 2010 | Hits: 133
Aftab Automobiles Ltd Vs. Superintendent Customs, Excise & VA, 2010, 39 CLC (HCD)
.... 33. The order of stay granted earlier by the court stands vacated. Communicate the judgment to the respondents at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 138. ......he current account register of the petitioner by necessary order. ........................ (26) Show Cause notice Section 9 of the VAT Act, provides that no show cause notice is necessary before adjustment of rebate enjoyed by the petitioner. Doctrine of Exhaustion A petitioner ...... 33. The order of stay granted earlier by the court stands vacated. Communicate the judgment to the respondents at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 138. ......xhaustion A petitioner in a VAT case can not take resort to invoke writ jurisdiction without exhausting the forum provided under section 9 (2 ka) of the VAT Act. ........ (27) Lawyers Involved: Zakir Hossain Munshi with Ali Akbor Khan, Advocates—For the Petitioner...Category: Fiscal/Taxation Law | Date: 10 May, 2010 | Hits: 6
Bangladesh Vs. Raj Rajashore Cakra Narayan Jiue Deity and others, 2010, 39 CLC (HCD)
....er Class Suit No.398 of 1981 is hereby affirmed. Send down the lower Court records at once. Shahidul Islam J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 340. ...... appellant against the judgment and decree dated 31.12.1985 passed by the learned Joint District Judge, Sirajgonj in Other Class Suit No.398 of 1981, dismissing the suit. 2. Short facts relevant for disposal of the appeal are that respondent No.1 as plaintiff instituted other class suit No.398 ......er Class Suit No.398 of 1981 is hereby affirmed. Send down the lower Court records at once. Shahidul Islam J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 340. ......Cakra Narayan Jiue Deity and others………………………Respondents Judgment May 10, 2010. Result: The appeal is dismissed. Lawyers Involved: Md. Akram Hossain Chowdhury, Deputy Attorney General - For the Appellant.&nbs..Category: Evidence Law | Date: 10 May, 2010 | Hits: 161
....ndant Nos.1-3 Md. Nurul Haque
Sheikh is added as defendant No.5 in the suit.
Let a copy of this Judgment be sent
down at once.
This Case is also Reported in: 17 MLR (HCD) (2012) 409. ...... Code of Civil Procedure, 1908 (V of 1908); Order I Rule 10(2)
Addition of party
In exceptional facts and
circumstance, if the presence of a stranger to the contract is necessary for
effective and complete adjudication of the issues and to avoid multiplicities
of suit and proc......ndant Nos.1-3 Md. Nurul Haque
Sheikh is added as defendant No.5 in the suit.
Let a copy of this Judgment be sent
down at once.
This Case is also Reported in: 17 MLR (HCD) (2012) 409. ......in the suit by the Court
in exercise of its judicial discretion……………………..(10)
Case Referred to-
Md. Nurul Abser Miah Vs. Kiron Shankar
Nandy and others, 41 DLR 148.
Lawyers Involved:
Joyanta Kumar Biswas with Md. Jahangir Alam, Advocates - For
the petitioner...
Category: Procedural Law | Date: 9 May, 2010 | Hits: 4
Nazma Sarwar and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....opy of this judgment be transÂmitted to the Court concerned at once. SM Emdadul Hoque J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 359; 17 MLR (HCD) (2012) 412. ......y of home Affairs, Bangladesh Secretariat, Ramna Dhaka and others...................Respondents Judgment May 6, 2010. Result: The Rule is discharged. Surrender before the court and fugitive from justice The principle of criminal jurisprudence is that the p......opy of this judgment be transÂmitted to the Court concerned at once. SM Emdadul Hoque J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 359; 17 MLR (HCD) (2012) 412. ......n Commissioner Vs. Dr. H.B.M. Alamgir and others, 18 BLT (AD) 266; ACC Vs. HBM Iqbal, 15 BLC (AD) 44; Gul Hasan Vs. State, 21 DLR (SC) 109; Chand Shah Vs. Crown, PLD 1956 FC 43 = 8 DLR (FC) 24. Lawyers Involved: None appears - For the petitioner. Md. Khurshid Alam Khan, advocat..Category: Procedural Law | Date: 6 May, 2010 | Hits: 109
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