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M/S A-Z Knit Wears Ltd. and another Vs. City Bank Ltd. and others, 2011, 40 CLC (HCD)
....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......wer. She, however, admits that Bangladesh Bank may initiate any investigation only for the common interest of the depositors, or to bring discipline in banking sector only under instruction of the Government or on its own motion. 7. We have perused the writ petition, supplementary affidavit, t..Category: Banking Law | Date: 26 Jan, 2011 | Hits: 185
....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......A, Monico Mona Tower (1st & 2nd Floor), 48/3, West Agargaon, Shere Bangla Nagar, Dhaka-1207…………………………Petitioner
Vs.
Government of Bangladesh, represented by the Cabinet Secretary of Cabinet Division, Bangladesh Secre..
Category: Women and Children | Date: 26 Jan, 2011 | Hits: 246
Mahbub Ahmed Chowdhury Vs. Chief Election Commissioner and others, 2011, 40 CLC (AD)
....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......nnery powers of legislation which are limited by other provisions of the Constitution as discussed above. Moreover, the powers of Parliament cannot be restricted by an obligation undertaken by the Government. The competence of a Parliament to enact any law is to be determined with reference to t..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)
.... 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......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: ..Category: Banking Law | Date: 20 Jan, 2011 | Hits: 233
Mirza Ahsan Habib Vs. Judge, Artha Rin Adalat, Khulna and another, 2011, 40 CLC (HCD)
....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.......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)
....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......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)
....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......esh Secretariat, Dhaka and others.......................................Respondents Judgment January 13, 2011. Cases Referred to- Bangladesh Legal Aid and Services Trust and others Vs. Government of Bangladesh and others; Parents Forum for Meaningful Education and Another Vs. Union of..Category: Women and Children | Date: 13 Jan, 2011 | Hits: 248
State Vs. Alam, 2011, 40 CLC (HCD)
....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...... 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. ..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. ......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
....
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......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)
....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......is to file a return. He further submits that Gulshan Club does not come within the purview of section 44(1) so to claim any exemption from paying tax nor any exemption to that effect has been made by Government in official gazette pursuant to section 44(4) of the Income Tax Ordinance. He has also dr..Category: Fiscal/Taxation Law | Date: 13 Dec, 2010 | Hits: 48
Mahfuzur Rahman and another Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
.... 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...... Court Division (Special Original Jurisdiction) Present: Moyeenul Islam Chowdhury J Naima Haider J Mahfuzur Rahman and another......................Petitioners Vs. Government of Bangladesh and others..............Respondents Judgment December 9, 2010 ..Category: Administrative Law | Date: 9 Dec, 2010 | Hits: 2
Monir Hossain Md. (Moni) and another Vs. Md. Yousuf and others, 2010, 39 CLC (AD)
..... 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......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. ..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: ......iding the instant Civil Rule, as it appears from the record and application for condonation of delay, are that the impugned judgment 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 delivere..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. ......gible to be licensed as Nikah Registrar on regular basis if he fulfils the requisite qualification specified in rule 6 and his performance as Nikah Registrar on temporary basis is satisfactory to the Government." 4. The area for which a Nikah registrar may be licensed by the authority has ..Category: Family Law | Date: 6 Dec, 2010 | Hits: 9
Syed Wahid Iqbal Vs. Bangladesh, 2010, 39 CLC (AD)
....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......que CJ Md. Muzammel Hossain 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..........Category: Civil Law | Date: 6 Dec, 2010 | Hits: 5
Hasna Ahmad Vs. State and another, 2010, 39 CLC (HCD)
....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......e, 28 DLR (AD) 38; Nasiruddin Mahmud Vs. Momtazuddin Ahmed, 36 DLR (AD) 14; Shokrana Vs. State, 5 BLC 611; Ali Akkas Vs. Enayet Hossain, 17 BLD (AD) 44; Sher Ali Vs. State, 46 DLR (AD) 67; Solicitor, Government of Bangladesh Vs. AT Mridha, 26 DLR (SC) 17; State Vs. Abdul Wahab Shah Chowdhury, 51 DLR..Category: Anti-Corruption Laws | Date: 1 Dec, 2010 | Hits: 189
....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......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
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Category: Fiscal/Taxation Law | Date: 11 Nov, 2010 | Hits: 3
....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......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)
....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...... 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: ..Category: Banking Law | Date: 11 Nov, 2010 | Hits: 14
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