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....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:
...... be said unequivocally that the impugned order has
been passed mala fide and that the
impugned order is, in fact, a termination with stigma in disguise. Upon placing
the ratio decidendi set in the case
of Altafur
Rahman Talukder (Md.) Vs. River Research Institute represented by the DG &
ot......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:
..
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. ...... as when the decree drawn up it is not within the ambit of this Court of readmit the appeal on an application under Order XLI Rule 19 of the Code of Civil Procedure as it reached its finality. In the case in our hand it appears that decree has already been drawn long before. Section 2(2) of the Code......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
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. ......airul Hoque." Thereafter, the application runs as "after his appointment as a Judge of the High Court, Mr. Shamsuddin Babul replaced Mr. ABM Khairul Hoque, by letter dated 12-11-1998 and though the case record was handed over to him, but due to unknown reason (which is very significant) papers r......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. ..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. ......llaneous Appeal No.28 of 2001 affirming the judgment and order dated 30.04.2001 passed in Miscellaneous Case No.01 of 2000 by the learned Additional Senior Assistant Judge (In Charge) rejecting the case as not maintainable under order 7 rule 11 of the Code of Civil Procedure should not be set as......aneous Case No.1 of 2000 in the Court of Senior Assistant Judge, Additional Court, Comilla under Order 9 Rule 13 of the Code of Civil Procedure stating that she is a co-sharer in the suit schedule land but no notice/summons of the Partition Suit and Title Appeal was served upon her. In the said ..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. ......re issuing warrant of arrest the Adalat is to pass specific order of Civil imprisonment for a specific period.………………(10) There must be a distinction between the accused of a criminal case and the Judgment-debtor of any Civil proceeding. Even if any Civil imprisonment under section......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. ..Category: Civil Law | Date: 14 Jul, 2010 | Hits: 48
General Manager, Meghna Petroleum Ltd. and others Vs. Sultan Ahmed and others, 2010, 39 CLC (AD)
.... disposed of in the High Court Division expeditiously. This appeal is disposed off with the above observations and directions. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 1 ......dated 26th April, 2003, annexure-H to the supplementary affidavit, has been acted upon and in that view of the matter, we are not inclined to make any academic discussion touching to the merit of the case. 4. It will not be out of place to mention here that the writ petition itself is not maint...... disposed of in the High Court Division expeditiously. This appeal is disposed off with the above observations and directions. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 1 ..Category: Constitutional Law | Date: 13 Jul, 2010 | Hits: 4
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. ......drawn upon Islami Bank Bangladesh Ltd., Taltola Branch, Sylhet. The complainant placed the said cheque for encashment, but the said cheque was bounced on 08.03.2008 for insufficiency of fund. Further case of the complainant is that he has served a notice upon the accused, but the accused did not pay......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. ..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. ...... 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 to the Court of District Judge respectively. 2. Material facts are that the opposite ......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. ..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. ......and get up of the pack named "Fair & Care" which shall be treated as an infringement of the original product. He adds that the Court below considering the facts and circumstances of the case rightly allowed the application for temporary injunction which calls for no interference by thi...... 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. ..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. ...... Murad Reza, Additional Attorney General (with Akram Hossain Chowdhury, Deputy- Attorney-General, instructed by ASM Khalequzzaman, Advocate-on-Record—For the Respondent Nos. 1-5 (In both the cases). Not Represented—For the Respondent No. 6 (In Civil Petition No.2078 of 2008). ......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. ..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........2009 stated a woman in Shashon village, Srimongol, was found by a group of self-professed religious leaders and elders to have been 'talking to a man on the road' and were subjected to 101 lashes. A case was filed by the victim's husband and the police have so far arrested 1 of the 12 persons accus......the schedules thereto.
28. Imposition and execution of extra-judicial penalties including those in the name of execution of Fatwa is bereft of any legal pedigree and has no sanction in laws of the land.
29. Article 31 of the Constitution states:
"Right to protection of law.- To enjoy the pr..
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.
...... is directed against the judgment and order dated the 14th day of July, 2009 passed by the High Court Division in Writ Petition No.1190 of 2009 making the Rule absolute.
2. The facts involved in the case, in short, are that the writ-petitioners are challenging the collection of VAT from the citizen...... 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.
..
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. ....... (13) Deposit of 50% of decretal amount Artha Rin Adalat specifically provides for only two remedies against exparte decree. It is either by an application or by an appeal, but in both the cases deposit of 50% decretal amount is necessary. Invoking of section 151 of the Code of Civil Proc......availed loan facility from the branch of the defendant No.1-Bank, and still there is transaction between the plaintiff and the said branch of the defendant No.1 but the plaintiff did not mortgage his land against the said loan and did not make himself guarantor for any loan sanctioned in favour of a..Category: Civil Law | Date: 7 Jun, 2010 | Hits: 6
Md. Sahab Uddin Vs. State and another, 2010, 39 CLC (HCD)
....ult, the rule is discharged. The order of stay granted earlier by this Court shall stand vacated. Communicate the order at office. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 467. ......gotiable Instrument Act, 1881, (the N.I. act) against the accused by the Magistrate. The accused petitioner thereafter appeared before the Magistrate and he was enlarged on bail. 3. Thereafter the case being ready for trial, the same was sent to the learned Metropolitan Sessions Judge, Chittagong......ult, the rule is discharged. The order of stay granted earlier by this Court shall stand vacated. Communicate the order at office. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 467. ..Category: Civil Law | Date: 30 May, 2010 | Hits: 43
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. ......2010. Result: The Appeal is allowed. The Evidence Act, 1872; Section 114(g) The Code of Criminal Procedure, 1898; Section 161 When to take an Adverse Presumption- In a case where there is no eyewitness or there is hardly any circumstantial evidence it is ess......for 6 (six) months more. 2. The prosecution case, as stated by the P.W.1 informant, are that, on 18-10-1998 at about 10-00 AM while his brother deceased Abul Hashem was clearing weeks from paddy land at a distance of 100 yards from his homestead accused Abul Hashem having been passing away from..Category: Evidence Law | Date: 26 May, 2010 | Hits: 8
Commissioner of Customs and others Vs. M/S. Sunlit Fashion Limited, 2010, 39 CLC (AD)
.... order dated 2.11,2002 passed by the High Court Division is set aside. The appeal is allowed without any order as to cost. This Case is also Reported in: 16 MLR (AD) (2011) 54, VIII ADC (2011) 29. ......d not manufacture garments by the imported fabrics, in the above letter they, in terms of sub- section (2) and (3) of section 13 of the Customs Act, 1969, was asked to show cause within 7 days and in case of failure appropriate legal action should not be taken against them. The respondent further st...... order dated 2.11,2002 passed by the High Court Division is set aside. The appeal is allowed without any order as to cost. This Case is also Reported in: 16 MLR (AD) (2011) 54, VIII ADC (2011) 29. ..Category: Fiscal/Taxation Law | Date: 19 May, 2010 | Hits: 63
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 . ......very much and frankly entered into contract for sale by writing the above mentioned bainapatra and gave Taka 30,00,000 (thirty lakh) to defendant No.1 in two installments. It is further plaintiff's case that, the sons and daughter of defendant No.1 furnished the said general power of attorney in f......and decree dated 10-5-2003 passed by the learned Joint District Judge, Narsingdi decreeing Title Suit No.93 of 1999 for specific performance of a contract. 2. Plaintiff's suit, is that, the suit land was acquired by defendant No.1 by his own fund for his benefit, but some of the deeds were regi..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. ......t May 10, 2010. Result: The rule is discharged. Jurisdiction of Concerned VAT officer In case a petitioner takes excess rebate of VAT, the concerned VAT officer under section 9 (2) of the V...... 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. ..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. ......r more than 12 years. 3. The government defendant No.4 has tried to settlement by way of auction and when plaintiff carne to know about the settlement has submitted written objection in petition case No.178-S/57-58. The ADC (Rev) has slopped the auction on 12.05.1957 by Telegram to C.O. (Rev) S......s relevant for disposal of the appeal are that respondent No.1 as plaintiff instituted other class suit No.398 of 1981 for a declaration of title, interest and possession of the plaintiff in the suit land was subsisting as owner interest and possession of the plaintiff in the suit land was subsistin..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. ......rt, Dhaka in Title Suit No.128 of 2005 rejecting the
application under Order I Rule 10(2) of the Code of Civil Procedure for
addition of party should not be set-aside.
2. Material facts of the case as
necessary for the disposal of the Rule are that the present petitioner as
plaintiff instit......t the trial Court below
ought to have considered that the defendant Nos.1-3 appointed their attorney
Md. Nurul Haque Sheikh by a registered power of attorney dated 22.6.2000 in
respect of the suit land for executing registered kabala in favour of the
plaintiff and thus, for effective and complet..
Category: Procedural Law | Date: 9 May, 2010 | Hits: 4
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