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M/S A-Z Knit Wears Ltd. and another Vs. City Bank Ltd. and others, 2011, 40 CLC (HCD)

....itor of the creditor-bank and as such Bangladesh Bank being the central bank and regulatory body of all banking institutions should initiate investigation at the instance of the petitioners under the law. He further submits that when the petitioner company owes only taka 3 (three) crore and some odd...... Ed. This Case is also Reported in: ......posal of the Rule are that the petitioner company took term loan amounting to taka 50,00,000/- (fifty lac) only from the City Bank Ltd, a private bank operating under the Bank Companies Act, 1991. In order to secure the loan, the petitioner issued 25 (twenty-five) blank cheques in favour of the cred..

Category: Banking Law | Date: 26 Jan, 2011 | Hits: 185

Bangladesh National Women Lawyers Association (BNWLA) Vs. Government of Bangladesh, 2011, 40 CLC (HCD)

.... us. The community must also be told how best to protect themselves.” 3. In the above mentioned order, this court also expressed concern over limitations and inefficiencies of the existing laws to deal with the situation which had blown out of proportion and further directed respondent No......llip;…………………Petitioner Vs. Government of Bangladesh, represented by the Cabinet Secretary of Cabinet Division, Bangladesh Secretariat, Dhaka and others……………………………&h......executive director Advocate Salma Ali, has approached this court seeking some directives/guidelines as, according to them, the government has failed to contain the situation. Thereupon, this court by order dated 02.11.2010 issued Rule Nisi calling upon the respondents (mainly the concerned ministrie..

Category: Women and Children | Date: 26 Jan, 2011 | Hits: 246

Mahbub Ahmed Chowdhury Vs. Chief Election Commissioner and others, 2011, 40 CLC (AD)

.... the makers of the Constitution. Vide 41 DLR (AD) 165…………………(26) In Oxford's Advanced Learners Dictionary the word 'amendment' means a change or improvement that is made to a law or a document; the process of changing a law or a document. In KJ Aiyar's Judicial Dictionary ...... (Civil) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J SK Sinha J Mahbub Ahmed Chowdhury.......................Petitioner Vs. Chief Election Commissioner and others..........Respondents Judgment January 23, 2011. Result: Civil Petit......he existing provisions of a statute . . . a law is amended when it is in whole or in part permitted to remain and something is added to, or taken from it, or it is in some way changed or altered in order to make it more complete or perfect or effective . . . an amendment is not the same as a repe..

Category: Constitutional Law | Date: 23 Jan, 2011 | Hits: 11

Md. Hamiduzzaman Vs. Joint District Judge, Artha Rin Adalat, Faridpur and others, 2011, 40 CLC (HCD)

....same on 29.9.2009; that he has come to this Court after one year from registration and transfer of the mortgaged property only to drag the matter and deprive these respondents from enjoyment of their lawful property, which they purchased from the bank for valuable consideration; that the plaint in T......t: Nazmun Ara Sultana J Md. Ruhul Quddus J Md. Hamiduzzaman……………………………………..... Petitioner Vs. The Joint District Judge, Artha Rin Adalat, Faridpur and others….... Respondents Judgment January 20, 2011. Result The Rule is disc...... Writ Petition No. 8197 of 2010 Judgment Md. Ruhul Quddus J.- This Rule Nisi, at the instance of a legal heir of a judgment debtor in a mortgage decree, was issued calling in question orders dated 1.7.2009 and 6.9.2009 passed by the Artha Rin Adalat, Faridpur in Artha Rin Execution C..

Category: Banking Law | Date: 20 Jan, 2011 | Hits: 233

Mirza Ahsan Habib Vs. Judge, Artha Rin Adalat, Khulna and another, 2011, 40 CLC (HCD)

.....8.2005. Therefore the initiation of the second execution case on 1.11.2006 i.e. after expiry of one year as prescribed in section 28 (3) of the Artha Rin Adalat Ain, 2003 is hopelessly barred by the law of special limitation and as such it is liable to be rejected. The warrant of arrest issued agai......nt: Nazmun Ara Sultana J Md. Ruhul Quddus J Mirza Ahsan Habib………………………………………………………Petitioner Vs. The Judge, Artha Rin Adalat, Khulna and another………....Respondents Judgment January 19, 2011. Result The Rule i......For the Respondent. Writ Petition No. 4236 of 2009. Judgment Md. Ruhul Quddus J. - This Rule, at the instance of a judgment-debtor in a mortgage decree, was issued calling in question order dated 12.11.2007 passed by the Judge, Artha Rin Adalat, Khulna in Artha Rin Execution Case No...

Category: Banking Law | Date: 19 Jan, 2011 | Hits: 305

StateVs. Noor Islam and others, 2011, 40 CLC (HCD)

....lack marks on the throat of the deceased, Shilpi Khatun. Nearly, 1% months ago that Shilpi Khatun was given in marriage with the accused Noor Islam. After marriage Shilpi Khatun went to her father-in-law's house twice with her husband, Noor Islam. After completing the pleasure trip in her father-in-......CD) (2011) 141.......me are not at all true and voluntary. 6. The learned Judge of the Tribunal below having heard both the parties and considering the evidence and materials on record passed the impugned Judgment and order of conviction and sentence dated 4.5.2005 convicting all the above named 5 accused persons inc..

Category: Women and Children | Date: 13 Jan, 2011 | Hits: 195

Bangladesh Legal Aid and Services Trust Vs. Secretary, Ministry of Education, 2011, 40 CLC (HCD)

....ith their statutory and constitutional duties to take effective measures to prevent the imposition of corporal punishment of children in educational institutions including by the framing of necessary laws/guidelines, or to investigate such allegations, or to prosecute and punish those found responsi......ildren, whether by parents or schools. ......mercilessly beaten for laughing at another girl who had dropped her bag. This occurrence took place in a school in Demra, Dhaka not far from these Court premises. On the same day this Court passed an order directing the respondents No.1 to 7 to initiate immediate action to investigate the incident w..

Category: Women and Children | Date: 13 Jan, 2011 | Hits: 248

State Vs. Alam, 2011, 40 CLC (HCD)

................................Appellant Vs. Alam......................................................Condemned-Prisoners Judgment January 11, 2011. Cases Referred to- Dilawar Singh Vs. State of Delhi, AIR 2007 (SC) 3234 and Thulia Kali Vs. The State of Tamil Nadu, AIR ...... Alam......................................................Condemned-Prisoners Judgment January 11, 2011. Cases Referred to- Dilawar Singh Vs. State of Delhi, AIR 2007 (SC) 3234 and Thulia Kali Vs. The State of Tamil Nadu, AIR 1973 (SC), 501; State of Maharashtra Vs. Raju Bhask......arly when such statements are full of embellishment and contradictions, without corroboration in material particulars by reliable testimony, direct or circumstantial. Consequently, we set aside the order of conviction and sentence passed against the appellant and give him benefit of doubt. He st..

Category: Women and Children | Date: 11 Jan, 2011 | Hits: 176

Ramesh Chandra Adhikari Vs. Bulbuli, 2011, 40 CLC (AD)

.... is a relationship of husband and wife between them. 11. According to Mulla there is an extreme strong presumption of the validity of marriage and the legitimacy of children born out of the lawful marriage if from the time of the alleged marriage both the parties are recognized by all pers...... is also Reported in: 66 DLR (AD) (2014) 104. ......find any merit in the leave petition. Accordingly, the leave petition is dismissed with cost of Taka 5,000 (five thousand). Ed. This Case is also Reported in: 66 DLR (AD) (2014) 104. ..

Category: Family Law, Hindu Law | Date: 6 Jan, 2011 | Hits: 15

Bangladesh Shilpa Rin Sangstha (BS-RS) Vs. She Shipping Judgment Lines Limited and others, 2010, 39 CLC (AD)

....eferred the instant Appeal with the leave of this Court. Leave was granted to consider the following grounds: (I) whether the respondent No. 1-She Shipping Lines Limited is a loanee at law, because of (1) the loan agreement entered into between the petitioner and the respondent No.1 o......ue CJ Md. Muzammel Hossain J SK Sinha J Bangladesh Shilpa Rin Sangstha (BS-RS)...............Appellant Vs. She Shipping Judgment Lines Limited and others............Respondents Judgment December 13, 2010. Result: The ...... Md. Aftab Hossain, Advocate-on-Record—For the Respondent No. 2. None Represented—For the Respondent Nos. 1 & 3-7. Civil Appeal No. 237 of 2002 (From the judgment and order dated 4-6-2000 passed by the High Division in PMA No.95 of 1990) Judgment Md. Muzamm..

Category: Business or Commercial Law, Labour and Industrial Law | Date: 13 Dec, 2010 | Hits: 10

Gulshan Club Ltd. Vs. Chairman, National Board of Revenue and another, 2010, 39 CLC (HCD)

....nd participants and therefore, the doctrine of mutuality is applicable for the petitioner. In another perverse finding the tribunal held that the petitioner and the Respondents under misconception of law and without understanding the true and actual intent of the objects and the scope of the objec......Original Jurisdiction) Present: Md. Ashfaqul Islam J SM Emdadul Hoque J Gulshan Club Ltd…………………………Petitioner Vs. Chairman, National Board of Revenue and another…………………………..Respondents Judgment December 13, 2010. Re......sioner of Taxes, Company Circle No.7, Zone-3, Dhaka has assessed taxes of the petitioner from 1996-97 up to 2006-2007 against which appeal was filed before the Tax Appellate Tribunal which upheld the order of the Respondent No.2 and the petitioner by reference moved the High Court Division against t..

Category: Fiscal/Taxation Law | Date: 13 Dec, 2010 | Hits: 48

Mahfuzur Rahman and another Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

....রঃ/০৮/৭৩১(২) dated 19-11-2008 (Annexure-'1') cancelling the admission of the petitioners from Sher-e-Bangla Agricultural University, Dhaka should not be declared to be without lawful authority and of no legal effect and why the respondent Nos. 2-5 should not be directed ...... ...... 2010 Result: The Rule is discharged. Applicability of the principle of 'locus penitentiae' under Section 21 of the General Clauses Act- The authority competent to make an order has the power to undo the same; but the order cannot be withdrawn or rescinded once it has tak..

Category: Administrative Law | Date: 9 Dec, 2010 | Hits: 2

Monir Hossain Md. (Moni) and another Vs. Md. Yousuf and others, 2010, 39 CLC (AD)

....il Petition for Leave to Appeal before this Court. 6. Leave was granted to consider the following points: (I) whether the learned Single Judge of the High Court Division erred in law in failing to notice that the agreement of lease (Exhibit A) is a void agreement, being hit......ted in: 66 DLR (AD) (2014) 100. ....... Md. Aftab Hossain, Advocate-on-Record—For the Respondent Nos.2 & 3. None Represented—For the Respondent No.1. Civil Appeal No.271 of 2002. (From the judgment and order dated 20.08.2000 passed by the High Court Division in Civil Revision No.2948 of 1999). Ju..

Category: Property Law, Tenancy Law | Date: 8 Dec, 2010 | Hits: 12

Thana Nirbahi Officer, Pirgachha, Rangpur and others Vs. Md. Dulal Miah, 2010, 39 CLC (HCD)

....rred. 4. It appears that after observing long formalities, the Solicitor Wing sent the record to the office of the Attorney General on 6.4.2006 and the learned Attorney General assigned one of his law officers on 23.4.2006 to prepare and move the Civil Revision within the period of limitation. Th......te motion bench immediately. Ed. This Case is also Reported in: ...... the revisional application is hereby condoned. The office is directed to place the revisional application before an appropriate motion bench immediately. Ed. This Case is also Reported in: ..

Category: Procedural Law | Date: 8 Dec, 2010 | Hits: 180

Nazrul Islam Talukder (Md.)Vs. Bangladesh & another, 2010, 39 CLC (HCD)

.... municipality; Provided that this provision shall not affect a licence already issued for any ward; and (e) in other case, not more than one union." 5. In view of the said provision of law vide which a legal right has been accrued upon the petitioner he has filed an application before......llip;.........Respondents Judgment December 6, 2010. Result: The Rule is made absolute. Issuance of Nikah Registrar licence on regular basis Rule 5A of Muslim Marriages and Divorces (Registration) Rules, 1975 provides that, a person acting for at least three years as N......utiny it is found that the petitioner does not have requisite qualification for being licenced as a Nikah Registrar. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 87. ..

Category: Family Law | Date: 6 Dec, 2010 | Hits: 9

Syed Wahid Iqbal Vs. Bangladesh, 2010, 39 CLC (AD)

....cts of the said Election Committee declaring the election result dated 25-6-2008 regarding formation of the Managing Committee of Tangail Central Co-operative Bank Limited is not maintainable in law and, as such, the same is liable to be declared to have been made without lawful authority. ......ain J SK Sinha J Syed Wahid Iqbal.................................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Local Government, Rural Development and Co-operative Division-5 Bangladesh Secretariat and others............................................yan, Advocate-on-Record—For the Respondent No.6. None Represented—For the Respondent Nos.1-5 & 7-9. Civil Petition for Leave to Appeal No.560 of 2010. (From the judgment and order dated 06.10.2009 passed by the High Court Division in Writ Petition No.5277 of 2008) Jud..

Category: Civil Law | Date: 6 Dec, 2010 | Hits: 5

Hasna Ahmad Vs. State and another, 2010, 39 CLC (HCD)

....sion investigated the case and having found a prima facie case, the Investigating Officer submitted charge-sheet against 13(thirteen) persons including the petitioner under the relevant provisions by law on 20-9-2007. On hearing about the pendency of the case in the 3rd Court of the Special Judge, D......Present: Moyeenul Islam Chowdhury J AKM Abdul Hakim J Hasna Ahmad……………………………Petitioner Vs. State and another……………………………O......08. A Division Bench of the High Court Division granted her ad-interim anticipatory bail for a period of 6(six) months. Be that as it may, she could not obtain the certified copy of the bail-granting order and, as such, she could not furnish bail bond before the 3rd Court of the Special Judge, Dhaka..

Category: Anti-Corruption Laws | Date: 1 Dec, 2010 | Hits: 189

Shafiqul Islam (Md.) Vs. The Commissioner of Customs, Excise and VAT Rajshahi and others, 2010, 39 CLC (HCD)

....y;gin, since there are specific provisions in the Customs Act for dealing with wrong declaration by the importer at the entry point, the authority can not detain the goods without due process of law. There are no cogent reason for detaining the goods in question purchased by the petit...... J Sheikh Hassan Arif J Shafiqul Islam (Md.)………………...........Petitioner [In both Writ Petitions] Vs. The Commissioner of Customs, Excise and VAT Rajshahi and others........Respondents Judgment November 11, 2010. Result: ......lawful authority and is of no legal effect and that why they should not be directed to release the said lentils. In the said writ petition, at the time of issuance of rule on 26-8-2010, an ad-interim order was passed by this court directing the Deputy Commissioner, Customs, Excise and Vat, Hilli Cus..

Category: Fiscal/Taxation Law | Date: 11 Nov, 2010 | Hits: 3

Shafiqul Islam (Md.) Vs. The Commissioner of Customs, Excise and VAT Rajshahi and others, 2010, 39 CLC (HCD)

Category: Fiscal/Taxation Law | Date: 11 Nov, 2010 | Hits: 5

Fatema Begum Vs. The Artha Rin Adalat, Narayangonj and others, 2010, 39 CLC (HCD)

....tha Rin Adalat Ain, 2003 in Mortgage Decree Execution Case No.25 of 2001 (arising out of Mortgage Suit No.72 of 1996). 2. The petitioner’s case in short is that her father late Dudu Mian was the lawful owner in possession of 8.04 decimals of land out of 20 decimals appertaining to C.S. Khatian ......iginal Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Fatema Begum…………………………………………...Petitioner Vs. The Artha Rin Adalat, Narayangonj and others….............. Respondents Judgment November 11, 2010. Cases Referred to- V......t No. 2. M.A. Samad with M.G.H. Ruhullah, Advocate-For Respondent No.4. Writ Petition No.6819 of 2010. Judgment Md. Ruhul Quddus J. - This Rule Nisi was issued to examine the validity of order No.76 dated 10.3.2010 (annexe-C to the writ petition) passed by the Artha Rin Adalat, Narayang..

Category: Banking Law | Date: 11 Nov, 2010 | Hits: 14

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