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Deen Mohammad Vs. Bangladesh Bank and others, 2010, 39 CLC (HCD)
.... rescheduling of the loan, 10% of the overdue loan had already been paid and that consequently the petitioners did not make any default in payment of the loan taken from Pubali bank." 14. On the identical background their lordships of our Apex Court have also decided the issue with the followin......ereby vacated. Let a copy of the Judgment be sent to the concerned authority at once for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 506. ......tioner has preferred the instant writ petition and obtained the present Rule. 4. On the other hand, respondent No.1 the Bangladesh Bank has filed affidavit-in-opposition denying all the material facts stated in the application alleging, inter alia, that whenever any loanee. the Director of the ..Category: Banking Law | Date: 12 Oct, 2010 | Hits: 423
Ayub Ali Sheikh alias Buna Vs. State, 2010, 39 CLC (HCD)
....ss his detention is required in connection with any other case. Send down the Lower Court Record at once. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (2011) 55.......ithout allegation made to police, is not rare. 15. In the case of State of Himachal Pradesh Vs. Premsing, 2009 CrLJ (SC) 786, it has been held that— "so far as the delay in lodging the FIR in question is concerned, the delay in a case of sexual assault, cannot be equated with the case involv......n record and have taken the evidences of assessment by ourselves. 13. P.W.1, Farida Khatun is the informant and is mother of the victim. During her examination to chief, she has stated the similar facts as narrated in the FIR. She has proved that FIR which has been marked as Exhibit-I. During cro..Category: Women and Children | Date: 11 Oct, 2010 | Hits: 154
Nurul Majid Mahmood Humayun Vs. Brigadier General Hassan PSC (Rtd.) and others, 2010, 39 CLC (AD)
....indings and observations, we do not find any merit in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 89. ......is not maintainable as the Respondent No.1 was not a contesting candidate or a candidate at all. Under Article 49(1) of the Representation of the People Order, 1972, no election can be called in question except by an election petition presented by "a candidate for that election in accordan......nd the decision of the Returning Officer on 15-11-2008 to which no step has been taken. Then he filed representations on 11-12-2008 and 15-12-2008 with the Election Commission alleging all these facts and requested the Commission to conduct an investigation against the violation of Code of Cond..Category: Civil Law, Election Law | Date: 7 Oct, 2010 | Hits: 8
Khurshed Alam Vs. Abul Kalam and others, 2010, 39 CLC (AD)
....the Ordinance read with the waqf deed made by the Waqif. With the above observation this petition for leave to appeal is dismissed. This Case is also Reported in: 17 MLR (AD) (2012) 233. ......vision. Besides, factually, the leave petition has become infructuous by lapse of time, as the period of 2 (two) years for which respondent No.1 was appointed as the official mutawalli of the waqf in question expired long long before. However, since the tenure of the official mutawalli has already e......the Ordinance read with the waqf deed made by the Waqif. With the above observation this petition for leave to appeal is dismissed. This Case is also Reported in: 17 MLR (AD) (2012) 233. ..Category: Trust/Waqf Law | Date: 7 Oct, 2010 | Hits: 177
Orascom Telecom Bangladesh Limited Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....etitioner prefers appeal before the Tribunal, the limitation in preferring the appeal would not operate as a bar in that event. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 319. ......ring on 05.01.2010 which was duly attended by the petitioner (Annexure-E). 11. About 108 days after the aforesaid hearing, the Respondents issued the impugned order alleging that the products in question were unlawfully supplied to Ring Distribution. The petitioner being aggrieved by the said o......etitioner prefers appeal before the Tribunal, the limitation in preferring the appeal would not operate as a bar in that event. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 319. ..Category: Fiscal/Taxation Law | Date: 7 Oct, 2010 | Hits: 174
Abul Kashem (Md.) Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
....order as to cost. The order impugned against is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 67. ......2. We have heard the learned Counsel for the petitioner and the respondents at length and considered their submissions. We have perused the application and supplementary affidavit carefully. The only question that falls for consideration in this Rule is whether on the selfsame allegations which were...... a wealth of hundreds of crore of Taka in the office of Respondent No.3 (Annexure-C) should not be declared to have been passed without lawful authority and is of no legal effect. 2. Briefly the facts necessary for disposal of the Rule are that the petitioner is a business man and a regular tax..Category: Anti-Corruption Laws | Date: 5 Oct, 2010 | Hits: 182
State Vs. Tajul Sheikh @ Md. Tajul Shaikh and others, 2010, 39 CLC (HCD)
....ul Houque of village Dakhin Ujanchar, Makhon Baburpara, Police Station-Goalandu Ghat, District-Rajbari be stayed till disposal of the appeal. Ed. This Case is also Reported in:9 ADC (2012) 895. ......ul Houque of village Dakhin Ujanchar, Makhon Baburpara, Police Station-Goalandu Ghat, District-Rajbari be stayed till disposal of the appeal. Ed. This Case is also Reported in:9 ADC (2012) 895. ......urrence. It is finally contended that the High Court Division upon a superficial consideration of the evidence on record gave the accused the benefit of doubt illegally. 6. On consideration of the facts and cirÂcumstances of the matter, we find merit in the contentions of the learned Deputy Atto..Category: Criminal Law | Date: 28 Sep, 2010 | Hits: 15
Ain O Salish Kendra Vs. Bangladesh, 2010, 39 CLC (HCD)
.... (2011) HCD 36, 8LG (2011) HCD 1. ......the child being engaged in any employment. Explanation.- In this section, ‘guardian’ includes any person having legal custody of or control over a child. 36. Disputes as to age.- (1) If any question arises as to whether any person is a child or an adolescent, the question shall, in the abs......The children found present are shown only as the couriers of food and other materials for their parents. They are seen as helping hands. Respondent No.2 admits in his affidavit-in-opposition that the facts regarding Aziz Bidi Factory, respondent No.4 are correct as stated in the petition and due to ..Category: Women and Children | Date: 5 Sep, 2010 | Hits: 261
Hasura Begum Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....nt be communicated to the IGP and to the Ministry of Home Affairs and other respondents at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 195; 30 BLD (HCD) (2010) 481. ......nt be communicated to the IGP and to the Ministry of Home Affairs and other respondents at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 195; 30 BLD (HCD) (2010) 481. ......at steps had been taken by them with the view to recovering the missing vicÂtim. The investigating officer also submitted his report. After considering the reports and also upon considering the facts and circumstances of the case, in view of the failure of the Investigating Officer to make rec..Category: Women and Children | Date: 24 Aug, 2010 | Hits: 187
Prime Global Ltd and others Vs. Artha Ain Adalat No.4, Dhaka and others, 2010, 39 CLC (HCD)
....eous Case No. 390 of 2008 (arising out of Artha Rin case No. 291 of 2003) is without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 205 ......is regard she refers to a decision of our Appellate Division in Abul Khair Miah Vs. Abdul LatifSarker reported in 32 DLR (AD) 167, wherein our apex Court held that if fraud is proved then there is no question for limitation and it will run from the date when fraud was detected. 8. Perused the w......08 (Annexure-D and D1) passed in Artha Rin Case No. 293 of 2003 by the said respondent should not be declared to have been passed without any lawful authority and is of no legal effect. 2. Short facts, relevant for disposal of the rule, are that Uttara Bank Ltd., Gulshan Branch, Dhaka (Responde..Category: Banking Law | Date: 23 Aug, 2010 | Hits: 2
Abdur Rashid Gazi Vs. Nur Ali Gazi and others, 2010, 39 CLC (HCD)
....he time of issuance of the Rule is hereby recalled and vacated. Send down the lower Courts' records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 315. ...... criteria in a benami transaction, but in the absence of an unambiguous ownership consideration of other relevant circumstances become important in a case where ownership is disputed. The disputed question of benami cannot be determined only in the consideration of source of consideration money,......¦â€¦.Opposite Parties Judgment August 10, 2010. Result: The Rule is discharged. The Code of Civil Procedure, 1908 (Act No. 1908); section 115 The concurrent finding of facts arrived at by the Courts below should not be disturbed by the High Court Division in revision..Category: Procedural Law | Date: 10 Aug, 2010 | Hits: 4
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. ......ively by the Court of Sessions, the learned Magistrate had no jurisdiction to take cognizance and, as such, the initiation of the case is without any jurisdiction. He next submits that, the cheque in question being issued on behalf of the company, namely Bagdad Exim Corporation Ltd, a private compan......ng in the Court of Metropolitan Magistrate Amali Adalat No.4, Chittagong, should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The facts leading to filing of this application under 561A of the Code shortly are that, Islami Bank Ban..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. ...... as the witnesses who themselves have heard the statements made by the victim about committing rape on her and her intention to terminate her life because of the rape committed on her. 21. Now the question is that, as argued by the learned advocate for the convict-appellant, whether the testimony......umbered as Nari-O-Shishu Case No.324 of 2001). Having perused the materials on record the tribunal has framed two charges, one against the accused Nurunabi, Jalaluddin and Fazlul Haque specifying the facts of committing rape by them on the victim Asma Khatun on 27.07.2001 at about 10.00 a.m., by spe..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. ......rose firstly on 11.9.82 but the suit was filed on 6.7.1986 and in that view of the matter the suit was clearly barred by law of limitation but the Courts below having failed to appreciate this simple question of law and thereby most illegally decreed the suit in favour of the plaintiff and as such t......upon to show cause as to why the judgment and decree of affirmance dated 24.4.2004 passed by the learned District Judge, Narayangonj in Money Appeal No.01 of 2002 should not be set-aside. 2. The facts of the case, in-short, are that the opposite party as plaintiff on 6.7.1986 instituted a suit ..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:
......d others Vs. Mohammad
Abdul Mannan reported in 46 DLR (AD 1. Moreso, he submits
that the impugned order of termination does not involve any stigma, rather it
is a termination semplicitar. As such, question of giving opportunity of being
heard does not arise at all. In this connection, he has ref......iolative of the fundamental rights of the petitioner as well as the principle
of natural justice should not be declared as illegal, without lawful authority
and is of no legal effect.
2. Short facts
necessary for disposal of the Rule are as follows:
The petitioner
joined Panchagar Suga..
Category: Employment/Service Law | Date: 18 Jul, 2010 | Hits: 5
Mohi Ahmed Chowdhury Vs. Kashipur Tea Estate Company Limited and others, 2010, 39 CLC (HCD)
....ssal for default. In the result, this application is rejected. Md. Fazlur Rahman J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 309; 18 BLT (HCD) (2010) 415. ...... for hearing (Rule 17), and where the notices of the appeal could not be served for the failure of appellant to deposit cost, then appellant may apply for readmission of the appeal. But the pertinent question is that when decree has been drawn up whether such appeal can be readmitted on setting asid......ssal for default. In the result, this application is rejected. Md. Fazlur Rahman J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 309; 18 BLT (HCD) (2010) 415. ..Category: Procedural Law | Date: 18 Jul, 2010 | Hits: 140
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. ......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. ......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. ..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. ......cate - For the Petitioner. Jahangir Alam, Advocate - For the Respondent No.2. Writ Petition No. 6396 of 2008. Judgment Nazmun Ara Sultana J.- This Rule Nisi was issued calling in question the orders dated 25-04-2007 and 23-07-2008 passed by the Artha Rin Adalat, Chapai Nababgonj......ha Rin Adalat, Chapai Nababgonj in Artha Decree Execution Case No.03 of 2007 issuing warrant of arrest against this petitioner under section 34 of the Artha Rin Adalat Ain, 2003. 2. The relevant facts necessary for the purÂpose of disposal of the rule, in short, are as follows: 3. The res..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. ......ds as taken in the petition filed under section 561A as to whether the notice has been served and as to non-mentioning the date of service of the notice or the date of receiving of the notice are all questions of fact and that the complainant petitioner, as of right, is entitled to adduce evidence t......Act, 1881, now pending in the Court of Sessions Judge, Sylhet, should not be quashed and/or such other or further order or orders be passed as to this Court may seem fit and proper. 2. The short facts leading to filing of this application under section 561A of the Code are that, one Abdul Jalil..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. ...... Iftekhar Jonaed, Advocate - For the opposite party. Civil Revision No.472 of 2006. Judgment Syed Md. Ziaul Karim J.- This Rule, at the instance of Judgment-debtor petitioner calls in question the legality and propriety of the Judgment and order dated 21-09-2005 passed by learned Add...... Court, Dhaka, rejecting an application for dismissing Money Execution Case No.01 of 2004 as not maintainable and to return the case record to the Court of District Judge respectively. 2. Material facts are that the opposite party-plaintiff-decree holder obtained a decree on 27-03-2001 in Civil S..Category: Procedural Law | Date: 12 Jul, 2010 | Hits: 28
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