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M/S A-Z Knit Wears Ltd. and another Vs. City Bank Ltd. and others, 2011, 40 CLC (HCD)
.... without any order as to costs. The order of restraint granted at the time of issuance of the Rule is hereby vacated. Nazmun Ara Sultana J. I agree. Ed. This Case is also Reported in: ...... Petition No.5410 of 2010 before the High Court Division and obtained Rule and an order of stay. The said writ petition is now pending before the High Court Division. 3. The petitioners’ further case is that the creditor-bank had altered two of the cheques and placed those for encashment agains...... without any order as to costs. The order of restraint granted at the time of issuance of the Rule is hereby vacated. Nazmun Ara Sultana J. I agree. Ed. This Case is also Reported in: ..Category: Banking Law | Date: 26 Jan, 2011 | Hits: 185
....ns to be taken in the light of the directives/guidelines hereinabove.
Md. Imman Ali J. - I agree.
Ed.
This Case is also Reported in: 31 BLD (HCD) (2011) 324, 18 BLC (HCD) (2013) 290.
...... to outrage or insult the modesty of any woman used in several sections mentioned above, particularly in section 509 of the Penal Code, is very vague and almost impossible to prove. Only one reported case in D.L.R in 1957, where the conviction under section 509 of the Penal Code was upheld by the th......ns to be taken in the light of the directives/guidelines hereinabove.
Md. Imman Ali J. - I agree.
Ed.
This Case is also Reported in: 31 BLD (HCD) (2011) 324, 18 BLC (HCD) (2013) 290.
..
Category: Women and Children | Date: 26 Jan, 2011 | Hits: 246
Mahbub Ahmed Chowdhury Vs. Chief Election Commissioner and others, 2011, 40 CLC (AD)
....judgment and order passed by the High Court Division. Accordingly, the Civil Petition for Leave to Appeal is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 283. ......rovement in the statute to make it more effective and meaningful, but it does not mean its abrogation or destruction or a change resulting in the loss of its original identity and character. In the case of amendment of a Constitutional provision, 'amendment' should be that which accords with the ......within the purpose or object of that company then the company will not be bound by such act and that object or purpose shall be ultra vires of the company and this theory has been established in England in the case of Ashby Railway Carnage andiron Co. Ltd. Vs. Rich (1875 LR 7 HL 653) and subsequ..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)
....e may be, which have been deposited by them in favour of the decree holder-bank after issuance of the certificate. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......ed ex parte on 8.5.2005. Thereafter the decree holder-bank filed Artha Rin Execution Case No.104 of 2005 in the Artha Rin Adalat, Faridpur on 19.6.2005. In course of proceedings in the said execution case, auction notices were published under section 33 (1) (4) of the Ain and attempts were made twic......er, his three brothers and five sisters inherited the mortgaged property of their mother Khodeja Zaman (defendant No.2), since deceased; that his parents’ grave yards were situated on the mortgaged land; that Title Suit No.24 of 2010 for partition of the land allegedly mortgaged by defendant No.2 ..Category: Banking Law | Date: 20 Jan, 2011 | Hits: 233
Mirza Ahsan Habib Vs. Judge, Artha Rin Adalat, Khulna and another, 2011, 40 CLC (HCD)
....r section 33 (5) of the Ain will, however, remain with the bank and may also be disposed of in accordance with law. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ...... 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.319 of 2006 (second execution case) rejecting the petitioner’s application for rejection of the execution case as being barred b......r section 33 (5) of the Ain will, however, remain with the bank and may also be disposed of in accordance with law. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..Category: Banking Law | Date: 19 Jan, 2011 | Hits: 305
StateVs. Noor Islam and others, 2011, 40 CLC (HCD)
....nce to pay a fine of Tk. 1,00,000/- each, in default to pay the fine, they are to suffer rigorous imprisonment for two years more each. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 141.......005. With Jail Appeal No.1062 of 2005. With Jail Appeal No.1063 of 2005. (Against the death sentence passed by Nari-O-Shishu Nirjatan Daman Tribunal, Jessore in Nari-O-Shishu Nirjatan case 12 of 2003, referred to the High Court Division for confirmation of the death sentence.) Jud......nce to pay a fine of Tk. 1,00,000/- each, in default to pay the fine, they are to suffer rigorous imprisonment for two years more each. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 141...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)
.... 63 DLR (2011) 643. An international organisation set up in 2001 to campaign for worldwide prohibition by law of all corporal punishment of children, whether by parents or schools. ......es who have children dote over them and yet it seems there comes a time when the parents impose all sorts of punishment upon their children either directly or indirectly, as will be apparent from the cases which have been brought to our notice in this petition. It is stated that young children have ...... Affairs to ensure that where there are allegations of criminal offence against teachers the police would be put into action for proper investigation and disposition in accordance with the law of the land. 48. In spite of the grim picture noted above, we are heartened by the action taken by the ..Category: Women and Children | Date: 13 Jan, 2011 | Hits: 248
State Vs. Alam, 2011, 40 CLC (HCD)
.... Nari-o-Shishu Nirjatan Daman Tribunal, Kushtia immediately. Send down the Lower Court Records. Communicate this Order at once. Ed. This Case is also Reported in: 16 BLC (2011) 816. ......ari-o-Shishu Case No.51 of 2003. This has necessarily attracted the provisions of section 374 of the Code of Criminal Procedure ("the Code") requiring such sentence to be confirmed by this Court. The case record together with the Judgment having been, therefore, sent to this Court, this Court regist...... ("FIR") alleging, inter alia, that his daughter, the deceased Sharmin Banu alias Vanu and the condemned-prisoner being married since 1990 have had a turbulent marriage chiefly on account of the philandering Alam demanding dowry and subjecting Vanu to physical abuse for the same. On 25-12-2002 at ..Category: Women and Children | Date: 11 Jan, 2011 | Hits: 176
Ramesh Chandra Adhikari Vs. Bulbuli, 2011, 40 CLC (AD)
....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. ......s. Codification of Hindu Law In view of the modern social dimensions the Hindu Community in this Country in respect of marriage, divorce and inheritance faces multifarious problems. In many cases the alleged husband does not recognize marriage or deny the existence of marriage with the fem......aking over to him new wearing apparels. (c) The bridegroom dressed up in new clothings is then circled by the bride seven times, at the end of which the bride and the bridegroom exchange garlands of flowers. (d) Then follows 'sampradana' or gift of the bride to the bridegroom...Category: Family Law, Hindu Law | Date: 6 Jan, 2011 | Hits: 15
....rther compensation calculated at the rate of bank interest prevalent at the time of the institution of the suit.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 66.
......ated 31-10-1983. The appellant claims that the respondent Nos.1-4 being guarantors are jointly and severally liable to repay the BSRS's dues.
3. The respondent Nos.1 and 2 contested the case by filing written objection denying all the material allegations stating, inter alia, that the ......rther compensation calculated at the rate of bank interest prevalent at the time of the institution of the suit.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 66.
..
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)
....is discharged without any order as to cost. The order of stay granted earlier by this Court is hereby vacated and recalled. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 29. ......s 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 the said order of Tribunal and in all the cases this Division has stayed the decision of the Tribunal till disposal of the Tax Reference Appli......is discharged without any order as to cost. The order of stay granted earlier by this Court is hereby vacated and recalled. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 29. ..Category: Fiscal/Taxation Law | Date: 13 Dec, 2010 | Hits: 48
Mahfuzur Rahman and another Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
.... Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 171 ......ude the authority to take away a validly acquired right. It is well-settled that Fraud Vitiates Everything and by that reason, they should not be allowed to enjoy its Fruit - In the instant case, it cannot be said that the petitioners had a validly acquired right rather by having recourse ......ing legal authority to determine questions affecting the rights of subjects, and having the duty to act judicially'. The expression 'having the duty to act judicially' was used in England to limit the application of the Rules to decision-making bodies similar in nature to Court..Category: Administrative Law | Date: 9 Dec, 2010 | Hits: 2
Monir Hossain Md. (Moni) and another Vs. Md. Yousuf and others, 2010, 39 CLC (AD)
....ned Subordinate Judge, 1st Court and Judge of the Small Causes Court, Faridpur in SCC Suit No.6 of 1996 is hereby restored. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 100. ...... judgment and decree dated 15-6-1999 passed by the learned Subordinate Judge, 1st Court and Judge of the Small Causes Court, Faridpur in Small Causes Court Suit No.6 of 1996. 2. The facts of the case, in brief, are that the appellants as plaintiffs filed SCC Suit No.4 of 1995 in the Court of As......nt in writing from the said attorney Tamizuddin; that in view of non-acceptance of the rent on 3-1-1995 the defendants remitted the rent by money order on 10-1-1995 and in view of refusal by the landlord to receive the same they deposited the same with the Rent Controller and Senior Assistant J..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)
.... 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: ......ment was passed on 8.1.2006 and the decree was signed on 15.1.2006. The Government Pleader filed application for certified copy of the same on 16.1.2006 and got it delivered on 28.2.2006. He sent the case record to the Deputy Commissioner, Rangpur and after observing the official formalities, the Ad...... 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)
....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. ......sis under rule 5(1), shall, subject to the provisions of rule 10, be illegible to be licensed as Nikah Registrar on regular basis if he fulfils the requisite qualification. In the aforementioned case since the petitioner was appointed on 27.01.2004 and he successfully performed his functions, f......istant Commissioner (and), Dhanmondi Circle, Dhaka to inquire into the matter under memo No.sa:ka:(bhur)/dhatsa: /2006-372(ma:) dated 13-8-2006. After holding the inquiry. The Assistant Commissioner (land), Dhanmondi Circle, submitted report to the respondent No.1 contending inter alia that the peti..Category: Family Law | Date: 6 Dec, 2010 | Hits: 9
Syed Wahid Iqbal Vs. Bangladesh, 2010, 39 CLC (AD)
....not require any interference by this Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 308; 21 BLT (AD) (2013) 309. ...... 2008 discharging the Rule without interfering the formation of Election Committee for holding Election of Tangail Central Co-operative Bank Ltd. 2. The facts relevant for disposal of the case, in short, are that the present petitioner filed Writ Petition No.5277 of 2008 challenging the......not require any interference by this Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 308; 21 BLT (AD) (2013) 309. ..Category: Civil Law | Date: 6 Dec, 2010 | Hits: 5
Hasna Ahmad Vs. State and another, 2010, 39 CLC (HCD)
....ion Act, 1947, now pending before the 3rd Court of the Special Judge, Dhaka are quashed so far as it relates to the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 206. ......rge-sheet about the alleged abetment of the petitioner without any supporting incriminating materials on record cannot be sustained at all. It seems that the implication of thepetitioner in this case as an abettor as found by the Anti-Corruption Commission during the investigation of the case i......ion Act, 1947, now pending before the 3rd Court of the Special Judge, Dhaka are quashed so far as it relates to the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 206. ..Category: Anti-Corruption Laws | Date: 1 Dec, 2010 | Hits: 189
....ng days without fail upon receipt of the copy of this judgment. There will be no order as to costs.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 191
......of Bangladesh either —
(i) in breach of any prohibition or restriction; or
(ii) by evading payment of customs duties or taxes leviable thereon.
10. It is not the case of the respondents that the lentils in question under HS Code No. 0713. 40.90 are prohibited or......ng days without fail upon receipt of the copy of this judgment. There will be no order as to costs.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 191
..
Category: Fiscal/Taxation Law | Date: 11 Nov, 2010 | Hits: 3
....ng days without fail upon receipt of the copy of this judgment. There will be no order as to costs.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 191
......of Bangladesh either —
(i) in breach of any prohibition or restriction; or
(ii) by evading payment of customs duties or taxes leviable thereon.
10. It is not the case of the respondents that the lentils in question under HS Code No. 0713. 40.90 are prohibited or......ng days without fail upon receipt of the copy of this judgment. There will be no order as to costs.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 191
..
Category: Fiscal/Taxation Law | Date: 11 Nov, 2010 | Hits: 5
Fatema Begum Vs. The Artha Rin Adalat, Narayangonj and others, 2010, 39 CLC (HCD)
.... photo copies there for. The office is directed to send a copy of this judgment to the Artha Rin Adalat, Narayangonj at once. Nazmun Ara Sultana J. - I agree. This Case is also Reported in: ...... of the Code of Civil Procedure and section 57 of the Artha 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 ......cution 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 No. 278, Dag No.354 corresponding to S.A. Khati..Category: Banking Law | Date: 11 Nov, 2010 | Hits: 14
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