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Sonali Bank Limited Vs. Syed Shakhawat Hossain and others, 2011, 40 CLC (HCD)

....san J Sonali Bank Limited……………………Defendant-Appellants Vs. Syed Shakhawat Hossain and others…………………………………Plaintiff-Respondents Judgment August 21, 2011. Result: The appeal is allowed. Cases Referred to- Mozher Sowdagar Vs. Md. Zah......e, preferably within 60 (sixty) working days of receiving the Judgment and Order of this Division. Communicate the orders at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 22. ......……………………………Plaintiff-Respondents Judgment August 21, 2011. Result: The appeal is allowed. Cases Referred to- Mozher Sowdagar Vs. Md. Zahirul Islam, 8 BLD 1999 (AD) 29=40 DLR (AD) 62. Lawyers Involved: Md. Azizul Haque, Senior Advocate and Shamshed Banu,......and Order of this Division. Communicate the orders at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 22. ..

Category: Administrative Law | Date: | Hits: 212

Md. Arfan Khan Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....d Bazlur Rahman J Md. Ruhul Quddus J Md. Arfan Khan …………………………......Petitioner Vs. Bangladesh and others……………………....Respondents Judgment July 15, 2012. Result: The Rule is discharged. Case Referred to- Government of Bangladesh and oth......erit in the Rule. Accordingly the Rule is discharged. Stay granted at the time of issuance of the Rule is vacated. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ......hers……………………....Respondents Judgment July 15, 2012. Result: The Rule is discharged. Case Referred to- Government of Bangladesh and others Vs. Md. Tajul Islam, 49 DLR (AD) 175. Lawyers Involved: A. M. Aminuddin with Sk. Shafique Mahmud and Ms. Selina Akhter, Ad......t the time of issuance of the Rule is vacated. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ..

Category: Constitutional Law | Date: | Hits: 407

Md. Akkas Ali Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

.... AKM Abdul Hakim J Md. Akkas Ali…………………………Petitioner Vs. The Government of Bangladesh and others……………………………..Respondent Judgment May 31, 2010. Result: The Rule is discharged. Writ Jurisdiciton of the Court The Writ Court und......case, we find no merit in the Rule. The Rule, therefore, fails. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 390. ......d administrative approval is not subject to judicial review................................(20) Cases Referred to- Golam Murtaza Bhuiyan and othersVs.Government of Bangladesh and others, 48 DLR (AD) 47; Abdul Awal TalukderVs.Government of Bangladesh & others, 25 BLD (AD) 152. Lawyers In......rdingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 390. ..

Category: Administrative Law | Date: | Hits: 261

Shahid Mia and another Vs. State and another, 2007, 36 CLC (HCD)

.... Md. Muzammel Hossain J Syed AB Mahmudul Huq J Shahid Mia and another…………………..Appellants Vs. The State and another……………………Respondents Judgment March 12, 2007. Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898); ......lants are released from their respective bail bonds. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 303. ......mination under Section 342 of the Code is for the protection and benefit of the accused persons…………….………………(18) Cases Referred to- Mizazul Islam @ Dablu Vs. State, 41 DLR (AD) 157; Shahjahan Vs. State, 46 DLR (HCD) 575; Bashir Kha Vs. State, 50 DLR (HCD) 199; Abdur Razza......s. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 303. ..

Category: Criminal Law | Date: | Hits: 83

Saleha Khatoon @ Saleha Begum Vs. Abdur Rahman Kha, 2009, 38 CLC (HCD)

....nt: Faruque Ahmed J Saleha Khatoon @ Saleha Begum……………………………..Petitioner Vs. Abdur Rahman Kha………………………..Opposite Party Judgment November 1, 2009. Result: The rule is made absolute. No appeal lies from any order or decree passed in......ntained. The order of injunction at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 486. ...... of total lack of inherent jurisdiction and the judgment will be a nullity…………………………..(15) Cases Referred to- Ashiny Kumar Karmaker Vs. Hari Mohan Shil and others, 1984 BLD (AD) page 29; Karimuddin and others Vs. Aftabuddin Ahmed and others, 14 BLD page 134; SAM Mahbub Ela...... of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 486. ..

Category: Civil Law | Date: | Hits: 114

Md. Khalilur Rahman Vs. Md. Alam Bepari & others, 2007, 36 CLC (HCD)

.... Present: Bijan Kumar Das J Khalilur Rahman (Md.)………………………Petitioner Vs. Md. Alam Bepari & others………………………Opposite Parties Judgment July 26, 2007. Result: The Rule is discharged. Lawyers Involved: Md. Khurshid Alam Khan, Advo......rgent reasons. The office is directed to send a copy of this order to the Tribunal positively within a period of 30 days from date. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 36. ......rgent reasons. The office is directed to send a copy of this order to the Tribunal positively within a period of 30 days from date. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 36. ......e is also Reported in: 13 BLC (HCD) (2008) 36. ..

Category: Election Law | Date: | Hits: 509

Muhibur Rahman Manik and another Vs. State, 2006, 35 CLC (HCD)

....Badrul Huq J Shahidul Islam J Muhibur Rahman Manik and another…………………………Convict-appellants Vs. The State………………………Respondent Judgment August 13, 2006. Result: The Criminal Appeal is allowed. Interpretation of judgment A Judicial dec......eof. They are set at liberty at once if not required in connection with any other case. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 279. ......; Paran Chandra Baroi Vs. The State, BCR 1982 HCD 292; Nurul Huq and others Vs. State, BCR 1982 (HCD) 332; State Vs. Moqbul Hossain (1986) 6 BLD HCD 34; Muslimuddin and others Vs. The State, 1987 BLD (AD) 1= 38 DLR (AD) 311; Sharafat Mondal and others Vs. The State, BCR 2005 HCD 392; Md. Shah Alam a...... Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 279. ..

Category: Criminal Law | Date: | Hits: 83

Md. Munsur Ali & others Vs. Sher Mohammad being dead his heirs: 1(A) Most. Tara Bibi and others, 2009, 38 CLC (HCD)

....ur Ali & others……………………..Petitioner Vs. Sher Mohammad being dead his heirs: 1(A) Most. Tara Bibi and others…………………..Opposite Parties Judgment August 5, 2009. Result: The Rule is made absolute. Cases Referred to- 5 BLC (AD) 76; 10 MLR (AD) 2......tay granted earlier by this Court stands vacated. Let a copy of this judgment along with lower Courts record be sent down at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 363. ......ad being dead his heirs: 1(A) Most. Tara Bibi and others…………………..Opposite Parties Judgment August 5, 2009. Result: The Rule is made absolute. Cases Referred to- 5 BLC (AD) 76; 10 MLR (AD) 200; 54 DLR 354; 19 BLD (AD) 240,; 2 MLR (AD) 16; 52 DLR 491; 39 DLR (AD) 223; ......ower Courts record be sent down at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 363. ..

Category: Property Law | Date: | Hits: 66

Fazlul Haque (Md.) Vs. Abdul Malek and another, 2008, 37 CLC (HCD)

....(Civil Revisional Jurisdiction) Present: MA Rashid J Fazlul Haque (Md.)……………….Petitioner Vs. Abdul Malek and another..........Opposite Parties  Judgment November 27, 2008. Result: The Rule is discharged with cost. The Code of Civil Procedure, 1908 (Act ......cost. Order of stay granted at the time of issue of the Rule on 30-4-07 is accordingly, recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 72. ......nt of the parties………………………………………(33) Cases Referred to- Shaikh Ayezuddin Vs. Priya Sankar Chowdhury, 6 DLR 595; Hajee Md. Ahsanullah Vs. Arafatunnessa Bibi, 33 DLR (AD) 17; Muniammal Vs. Sakkubai, AIR 1988 Madras 241; Idris Shaikh Vs. Jilamon Bewa, 50 DLR (AD) 161...... is accordingly, recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 72. ..

Category: Civil Law | Date: | Hits: 281

Khurshida Begum Vs. Monira Begum and others, 2008, 37 CLC (HCD)

....us J Syed Md. Ziaul Karim J Khurshida Begum………………………Informant-Petitioner Vs. Monira Begum and others………………………..Opposite Parties Judgment May 15, 2008. Result: The Rule is made absolute. On the basis of the defence plea or materials the...... Office is directed to send down the record of the case at once with a copy of the Judgment for infor­mation and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 91. ......eti­tion is filed against the Police report the same should be disposed of in accordance with law……………………………(13) Case Referred to- Rahela Khatun Vs. Abul Hossain, 48 DLR (AD) 213. Lawyers Involved: AHM Kamruzzaman, Advocate - For the Informant-Petitioner.  ...... of the Judgment for infor­mation and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 91. ..

Category: Criminal Law | Date: | Hits: 177

Habib Khan Vs. State, 2012, 41 CLC (HCD)

.... Present: Siddiqur Rahman Miah J AKM Shahidul Huq J Habib Khan……………………….Petitioner Vs. State………………………….Opposite Party Judgment February 8, 2012. Result: The Rule is made absolute. When the state does not raise any objection in suc......ore Hafazat Nirapad Abssan are directed to set at liberty the vic­tim Mosammat Rokeya Dil Afroz Munmun forth­with. This Case is also Reported in: 64 DLR (HCD) (2012) 462, 18 MLR (HCD) (2013) 19. ......ocedure, 1898 to set at liberty of the victim who is found to be detained illegally or improperly...................................(20) Cases Referred to- Khairunnessa Vs. Illy Begum, 1996 BLT (AD) 112; 48 DLR (AD) 67; Bashu Dev Chatterjee Vs. Umme Salma, 8 BLT (AD) 168 = 51 DLR (AD) 238; Aru......at Rokeya Dil Afroz Munmun forth­with. This Case is also Reported in: 64 DLR (HCD) (2012) 462, 18 MLR (HCD) (2013) 19. ..

Category: Criminal Law | Date: | Hits: 176

Md. Shahid Bepari @ Shahidullah and other Vs. State, 2009, 38 CLC (HCD)

....Miah J Muhammad Abdul Hafiz J Md. Shahid Bepari @ Shahidullah and other………………………Appellants Vs. The State…………………….Respondent Judgment January 13, 2009. Result: The appeal is allowed in part. The fundamental and basic presumption in the......er and Abul Kalam are discharged from the respective bail bond. Send down the lower Court records with a copy of Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 130. ......er and Abul Kalam are discharged from the respective bail bond. Send down the lower Court records with a copy of Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 130. ......ords with a copy of Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 130. ..

Category: Criminal Law | Date: | Hits: 153

Md. Iddris Sheikh Vs. State, 2008, 37 CLC (HCD)

.... Md. Abdul Quddus J Syed Md. Ziaul Karim J Md. Iddris Sheikh…………………………Accused petitioner Vs. The State………………………Opposite parry Judgment May 6, 2008. Result: The Rule is discharged. The Negotiable Instrument Act, 1881 The Negotiabl......f Chief Judicial Magistrate, Faridpur, shall continue in accordance with law. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 223. ......rse of justice should not be interrupted readily and proceedings should not be quashed………………….(22) Cases Referred to- Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 9 BLC (AD) 177; 9 MLR (AD) 299; Amir Hossain Vs. M.A. Malek, 56 DLR (AD) 146; Habibur Rahman Howlader Vs. ......nue in accordance with law. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 223. ..

Category: Criminal Law | Date: | Hits: 103

Elias Brothers (Md.)(Pvt.) Limited and another Vs. Bangladesh and others, 2010, 39 CLC (HCD)

....Obaidul Hassan J Elias Brothers (Md.)(Pvt.) Limited and another……………………..Petitioner Vs. Bangladesh and others…………….........Respondents Judgment September 5, 2010. Result: The Rules are made absolute with observation and direction. The Constitution ......e observation and direction the Rules are made absolute without any order as to cost. Communicate this judgment and order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 327. ......ed to- M/s Neyvely Lignite Corpn Vs. Spl Tahsildar (Land Acquisition), Novely, AIR 1995 SC 1004; Bangladesh, represented by the Secretary, Ministry of Administration Vs. Subash Chandra Das, 46 DLR (AD) 63; Alauddin Khandker Vs. Secretary Ministry of Land, 4 BLC (AD) 257; State Trading Corporation......er as to cost. Communicate this judgment and order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 327. ..

Category: Civil Law | Date: | Hits: 170

Md. Atiar Rahman and others Vs. Government of the People’s Republic of Bangladesh and others, 2012, 41 CLC (AD)

....ment of the People’s Republic of Bangladesh represented by the Secretary, Ministry of Liberation War Affairs and others…………..............................Respondents Judgment December 2, 2012. Result: The Rule is discharged with observations. Degree of disability of all inju...... grant the relief sought for in this writ petition. Accordingly, theRule is discharged with the above observations. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in:  ......r rate from 1999……………………………………….(14) Case Referred to- Chairman, Bangladesh Freedom Fighters Welfare Trust and others Vs. Mominul Haque Bhuiyan and others, 14 BLC (AD) 41. Lawyers Involved: Md. Hosain Shaheed Quamruzzaman, Advocate-For the petitioners. J......e is discharged with the above observations. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in:  ..

Category: Civil Law | Date: | Hits: 104

Bashir Ullah Master Vs. Bangladesh and others, 2008, 37 CLC (HCD)

....risdiction) Present: Zinat Ara J SM Ziaul Karim J Bashir Ullah Master……………Petitioner Vs. Bangladesh and others……………………..Respondents Judgment November 26, 2008. Result: The Rule is discharged without any order as to costs. A fugitive has no r......btor petitioner. Office is directed to communicate the order at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 760. ...... A fugitive has no right to seek any kind of redress as against his grievance of issuance of warrant of arrest..............................(11) Cases Referred to- Monsur Ali Vs. State, 55 DLR (AD) 31; Khalilur Rahman Vs. State, 33 DLR 12; Abdul Baset Chowdhury Vs. State, 13 BLC 713. Lawye...... with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 760. ..

Category: Civil Law | Date: | Hits: 93

Abdul Mukit alias Mukim and others Vs. Additional Deputy Commissioner (Rev.) Moulvibazar and others, 2007, 36 CLC (HCD)

....ukit alias Mukim and others……………………Petitioners Vs. Additional Deputy Commissioner (Rev.) Moulvibazar and others……………………Opposite parties Judgment March 13, 2007. Result: The Rule is discharged. The Code of Civil Procedure, 1908 (Act No. V of 1908...... to costs and the impugned judgment and decree dated 21.01.2006 passed by the learned District Judge, Moulvibazar is hereby affirmed. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 13. ......ourts below committed any error of law and their decisions have, caused any failure of justice……………….(31) Cases referred to- Abul Khair (Md) Vs. Pubali Bank Ltd. and another, 53 DLR (AD) 62; Jahanara Begum Vs. Md. Aminul Islam Choudhury and others, 2 MLR (AD) 112; Abdul Jalil and o......dated 21.01.2006 passed by the learned District Judge, Moulvibazar is hereby affirmed. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 13. ..

Category: Procedural Law | Date: | Hits: 165

Abdul Jabbar Bhuiyan and others Vs. Kulsum Banu Bibi and others, 2008, 37 CLC (HCD)

....bar Bhuiyan and others………………….Defendant-Respondent-Petitioners Vs. Kulsum Banu Bibi and others……………………Plaintiff-appellant-opposite-Parties Judgment April 16, 2008. Result: The rule is made absolute. Cases Referred to- Nurul Islam (Babul) and othe......ourt at the time of issuance of the rule is hereby vacated. Lower Court's record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 212. ......tiff-appellant-opposite-Parties Judgment April 16, 2008. Result: The rule is made absolute. Cases Referred to- Nurul Islam (Babul) and others Vs. Santi Rani Dhupi and others, 12 MLR (AD) 105; Ranajit Sarker and others Vs. Sree Sukhendu Bikash Biswas and others, 17 BLD (AD) 58; Huss......ment. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 212. ..

Category: Property Law | Date: | Hits: 112

STX Corporation Ltd. Vs. Meghna Group of Industries Limited and others, 2011, 41 CLC (HCD)

....Mamnoon Rahman J STX Corporation Ltd………………………Petitioner Vs. Meghna Group of Industries Limited and others…………………………Respondents Judgment January 1, 2011. Result: The application is dismissed. The Arbitration Act, 2001 (Act No. 1 of 2001);....... Accordingly, the application under sec­tion 7Ka of the Arbitration Act of 2001 is dismissed. Interim order, if any, be vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 550. ......g, Vs. Satyam Computer Services Ltd., (2008) 4 SCC 190; HRC Shipping Limited Vs. MVX-Press Manaslu 12 MLR 265 = 58 DLR 185; Pubali Bank Vs. the Chairman, First Labour Court, Dhaka and another; 12 BLD (AD) 72 = 44 DLR (AD) 40; Ortho, Pharmaceutical Corporation Vs. Amgen, Inc, 882 F2d 806; Stephen Blu......ct of 2001 is dismissed. Interim order, if any, be vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 550. ..

Category: Alternative Dispute Resolution | Date: | Hits: 506

National Bank Ltd. Vs. Provashi International Ltd. and others, 2010, 39 CLC (HCD)

....l Ahasan J National Bank Ltd………………………Plaintiff-appellant Vs. Provashi International Ltd. and others………………………Defendant-respondents Judgment December 12, 2010. Result: The appeal is dismissed. Jurisdiction of the Artha Rin Adalat The Artha......der as to costs. The Judgment and decree passed by the trial Court is hereby affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 229. ......finition of financial institution to realize any claim which is not a debt within the meaning of the Act……….….(17) Case Referred to- Sultana Jute Mills Limited Vs. Agrani Bank, 1994 BLD (AD) 196 = 46 DLR (AD) 174; Pubali Bank Ltd. Vs. Md. Mamnur Rahman, 54 DLR 458; Bangladesh Jatiya So......hereby affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 229. ..

Category: Civil Law | Date: | Hits: 106