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Mahbubur Rahman and others Vs. Agrani Bank and another, 2003, 32 CLC (AD).

....The petition is accordingly dismissed.   Ed. Same Case Cited in:  55 DLR (AD) (2003) 61.  ......ner became a penal lawyer of respondent No. 1 and was not in a position to conduct the hearing of the case on behalf of the petitioner, and that petitioner had to engage another lawyer who prayed for time for preparation of the case but the learned Subordinate Judge most illegally dismissed the case......ity in the impugned order.   The petition is accordingly dismissed.   Ed. Same Case Cited in:  55 DLR (AD) (2003) 61.  ......ity in the impugned order.   The petition is accordingly dismissed.   Ed. Same Case Cited in:  55 DLR (AD) (2003) 61.  ..

Category: Procedural Law | Date: 19 Nov, 2001 | Hits: 101

Shankar Lal Das Vs. Janata Bank and others, 2001, 30 CLC (HCD)

....urt Division (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Hasan Foez Siddique J Shankar Lal Das ………….Petitioner Vs. Janata Bank and others... Opposite Parties Judgment November 18, 2001. Result: Th......ng the period. The amount was far greater than the decretal debt. Yet the Bank was not returning the trucks. Rather, the Bank was trying to sell the trucks and the landed properties mortgaged. At the time, the price of Truck—Mymensingh Na-239 of British Bedford chassis would be Taka ten lac wh......ed to be sold by public auction. 2. In the application, it is stated that on 8-9-82 opposite party No.1, the Bank as plaintiff instituted Mortgage Suit No. 116 of 1982 against the petitioner for recovery of a sum of Taka 2,57,130.30 for his failure in the repayment on the bank loan under a cash......he judgment debtor, the execution will only proceed to recover the amount in accordance with law. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 371. ..

Category: Banking Law | Date: 18 Nov, 2001 | Hits: 146

Bangladesh Legal Aid and Services Trust and another Vs. Bangladesh and others, 2001, 30 CLC (HCD)

....ces Trust and another...........Petitioners Vs. Bangladesh and others...........Respondents Judgment November 6, 2001. Result: The Rule is made absolute. Cases Referred to- State Vs. Deputy Commissioner, Satkhira and others, 45 DLR (HCD) 643; Shiplu and another Vs. The State......tence passed by the learned Special Tribunal, Nari-O-Shishu Nirjatan Daman Bishesh Adalat, is not sustainable in law since the Tribunal itself found that petitioner No. 2 is 14-15 years of age at the time of occurrence and under “The Children Act, 1974”, trial of children is exclusively within t......em to discuss on “The Children Act, 1974” with judicial officials working under their respective judgeship. Ed. This Case is also Reported in: 22 BLD (HCD) 2002, 206; 7 BLC (2002) HCD, 85. ......em to discuss on “The Children Act, 1974” with judicial officials working under their respective judgeship. Ed. This Case is also Reported in: 22 BLD (HCD) 2002, 206; 7 BLC (2002) HCD, 85. ..

Category: Women and Children | Date: 6 Nov, 2001 | Hits: 75

Hussain Mohammad Ershad Vs. Zahedul Islam Khan and others, 2001, 30 CLC (AD)

.... is, therefore, no merit in this petition and the same is accordingly dismissed. Ed.  This Case is also Reported in:  54 DLR (AD) (2002) 1. ......of the cases he was convicted for moral turpitude and, as such, it does not attract the provision of disqualification under the Constitution and the writ petition has been filed after a long lapse of time of eight/nine years only to serve the political purpose of his rival who was acting from behind......to interfere with the same. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed.  This Case is also Reported in:  54 DLR (AD) (2002) 1. ......to interfere with the same. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed.  This Case is also Reported in:  54 DLR (AD) (2002) 1. ..

Category: Anti-Corruption Laws | Date: 22 Aug, 2001 | Hits: 111

Islami Bank Bangladesh Ltd. Vs. Md. Habib & ors., 2003, 32 CLC (AD).

....e set aside. The aforesaid criminal proceedings shall continue against all the accused including the respondent Nos. 1 and 2 in accordance with law.  Ed. ......livered to the importer (accused-respondent No. 2) on the request as well as on the promise of the guarantor (accused Respondent No.1) that the guarantor would replace the entire stock within a short time. It was alleged in the FIR that the accused persons thus committed offences under section 406/4......ment and order as aforesaid are set aside. The aforesaid criminal proceedings shall continue against all the accused including the respondent Nos. 1 and 2 in accordance with law.  Ed. ......ment and order as aforesaid are set aside. The aforesaid criminal proceedings shall continue against all the accused including the respondent Nos. 1 and 2 in accordance with law.  Ed. ..

Category: Criminal Law | Date: 22 Aug, 2001 | Hits: 95

Dudu Mia and others Vs. Ekram Miah Chowdhury and others, 2002, 31 CLC (AD)

....der as to costs.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 7.  ......and his wife Begumjan (since deceased) and the rest two-third of the land described in Schedule 2 was purchased by his two other brothers in the benami of their respective chosen persons, that at the time of purchasing the land of Schedule 2 the defendant No. 1 was a minor boy, that on attainment of......r Class Suit No. 1969 are restored. There is no order as to costs.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 7.  ......r Class Suit No. 1969 are restored. There is no order as to costs.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 7.  ..

Category: Civil Law | Date: 5 Aug, 2001 | Hits: 136

Suhel Ahmed Chowdhury Vs. Salahuddin Ayubi and others, 2002, 31 CLC (AD)

....ilities with honour and dignity.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 82.  ......made absolute directing the respondents to restore vacant possession of the case house within six months from the date of receipt of the order. It has also been directed that if within the stipulated time possession is not restored the petitioners would be at liberty to come before the High Court Di......y set aside and he is exonerated from all the liabilities with honour and dignity.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 82.  ......y set aside and he is exonerated from all the liabilities with honour and dignity.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 82.  ..

Category: Criminal Law | Date: 30 Jul, 2001 | Hits: 95

Mobarak Ali Vs. BD House Building Fin. Corpn. & anr. 2003, 32 CLC (AD).

....e has no merit.  In view of the discussion made hereinbefore find no substance in this petition. Accordingly, the petition is dismissed.  Ed. ......79 he was promoted to the post of Assistant Regional Manager and that on 30th June, 1998 he was transferred to Rajshahi but instead of joining there he remained unauthorisedly absent for considerable time and thereupon disciplinary proceeding was started and the notices informing him about the initi......on of principle natural justice has no merit.  In view of the discussion made hereinbefore find no substance in this petition. Accordingly, the petition is dismissed.  Ed. ......on of principle natural justice has no merit.  In view of the discussion made hereinbefore find no substance in this petition. Accordingly, the petition is dismissed.  Ed. ..

Category: Administrative Law | Date: 24 Jul, 2001 | Hits: 111

Reazuddin (Md.) and another Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)

....llip;……………………..Respondents Judgment July 19, 2001. Result: The Rule is made absolute. Opportunity for defence when mandatory Withholding or cancellation of the result of the Petitioners without giving them an oppor......enuine were withheld and thereafter re-scrutinised as per Decision No.124 of the Board and results of few more students were published and the rest were cancelled. 40. Admittedly, at no point of time the students whose results were withheld and or subsequently cancelled were given any opportuni......ration must be published. Ed. This Case is also Reported in: 57 DLR (2005) 698.                   ......ration must be published. Ed. This Case is also Reported in: 57 DLR (2005) 698.                   ..

Category: Constitutional Law | Date: 19 Jul, 2001 | Hits: 2

Sahera Khatun and others Vs. Abdul Gaffar @ Abdul Gaffar and others, 2003, 32 CLC (AD).

....sed without costs.   Ed.   Same Case Cited in:  55 DLR (AD) (2003) 79.  ......sp; The appeal is accordingly, dismissed without costs.   Ed.   Same Case Cited in:  55 DLR (AD) (2003) 79.  ......estoration of possession to the extent of 2 (two) annas share as decreed by the lower appellate Court. The appellant instituted title execution case No. 5 of 1988 for execution of the decree claiming recovery of possession of 0.28 acres of land out of 0.60 acre of Plot No. 65 but the defendant filed......sp; The appeal is accordingly, dismissed without costs.   Ed.   Same Case Cited in:  55 DLR (AD) (2003) 79.  ..

Category: Procedural Law | Date: 8 Jul, 2001 | Hits: 91

BD Water Dev. Board & ors Vs. Chairman, Divisional Labour Court, Khulna & ors, 2003, 32 CLC (AD)

....f the deceased worker, the predecessor of the respondent Nos. 2(a) to 2(e).  The petition is accordingly, dismissed. Ed. ......rmissible under the law including the compensation at the rate of 30 days wages for each completed year of service in addition to any other benefit as may be permissible under the said Act for the time being in force and the worker upon his retirement not being paid off the said amount, is entit......sation of the benefits consequent upon retirement of the deceased worker, the predecessor of the respondent Nos. 2(a) to 2(e).  The petition is accordingly, dismissed. Ed. ......sation of the benefits consequent upon retirement of the deceased worker, the predecessor of the respondent Nos. 2(a) to 2(e).  The petition is accordingly, dismissed. Ed. ..

Category: Employment/Service Law | Date: 4 Jul, 2001 | Hits: 78

Sirajul Hoque and other Vs. BIWTA rep. by its Chairman and others, 2002, 31 CLC (AD)

.... without any lawful authority. The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 30. ......aive the requirements of any or all the Rules provided in the Bangladesh Inland Water Transport Authority (Time and Fare Table Approval) Rules, 1970. Non-compliance of these rules will not make the time table issued under the Rule to be illegal and without any lawful authority…....(6)......ed timetable to be illegal and without any lawful authority. The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 30. ......ed timetable to be illegal and without any lawful authority. The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 30. ..

Category: Admiralty Law or Maritime Law | Date: 3 Jul, 2001 | Hits: 173

Privatisation Board Vs. AK Fazlul Huq & ors., 2003, 32 CLC (AD).

....ainable, hence on modification of that part of judgment and order of the High Court Division by way of deleting the same the petition is dismissed.  Ed. ......in granting relief by way of making direction to pay simple interest @ 6% per annum on the money deposited by the respondent No. 1 i.e. 25% of the bid money in case of non- payment of the same by the time fixed by the High Court Division i.e. on or before 9th November 2000 from 13th November, 2000 t......d been making arrangement to pay the balance in cash and he needed a letter confirming that 15% rebate would be allowed in that case but the Board gave no reply, that Agrani Bank had filed a suit for recovery of Taka 23 crore against the enterprise, that t here upon respondent No. I sent the letter ......ment is otherwise legally sustainable, hence on modification of that part of judgment and order of the High Court Division by way of deleting the same the petition is dismissed.  Ed. ..

Category: Business or Commercial Law | Date: 24 Jun, 2001 | Hits: 135

Government of Bangladesh Vs. Mirpur Semipucca (Tin-shed) Kalayan Samity & others, 2001, 30 CLC (HCD)

....nt May 21, 2001. Result: The suit stands dismissed. Lawyers Involved: Mihir Kanti Majumder Deputy Attorney-General— For the Petitioner.  Maksudur Rahman, Advocate—For the Opposite Parties. Civil Revision Case No. 3760 of 2000. Judgment SK......ommodating them, which were eventually converted into 562 two-roomed tinshed houses and these were allotted to the Government’s third class and fourth class employees at a monthly rent for some time but subsequently they stopped payment of monthly rent. Thereafter they applied to the Governmen......mmunicated to Mr. Md. Nurul Islam then Subordinate Judge, Dhaka by name at his present assignment for his perusal and future guidance. Ed This Case is also Reported in: 54 DLR (2002) 364. ......mmunicated to Mr. Md. Nurul Islam then Subordinate Judge, Dhaka by name at his present assignment for his perusal and future guidance. Ed This Case is also Reported in: 54 DLR (2002) 364. ..

Category: Evidence Law | Date: 21 May, 2001 | Hits: 183

Hossain (Md) and others Vs. Dildar Begum and others, 2003, 32 CLC (AD).

....The will be no order as to costs.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 60. ......ution of the heirs of the aforesaid deceased persons were filed on 9‑6‑1999 which was rejected by the High Court Division on 15‑6‑1999 holding that the applications are out of time and the Rule has already abated against all the petitioners.   3......aside abatement.   The will be no order as to costs.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 60. ......aside abatement.   The will be no order as to costs.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 60. ..

Category: Procedural Law | Date: 19 Feb, 2001 | Hits: 106

Hosna Ara Begum others Vs. Montaj Ali and ors. 2003, 32 CLC (AD).

....0 of 1996 are set aside and the judgement and decree dated 8-11-1995 passed by the SCC Judge, Sadar, Sylhet, in SCC Suit No. 3 of 1992 are restored.  Ed. ......tal money order on 19-9-1991 and it was returned to him on 6-10-1991.  6. From the judgment of the trial Court it is found that the postal money order was sent on 13-9-1991 for the second time, in the name of the plaintiff No.2 i.e. obviously one of the heirs of the deceased landlord. Th......sion in Civil Revision No. 1200 of 1996 are set aside and the judgement and decree dated 8-11-1995 passed by the SCC Judge, Sadar, Sylhet, in SCC Suit No. 3 of 1992 are restored.  Ed. ......sion in Civil Revision No. 1200 of 1996 are set aside and the judgement and decree dated 8-11-1995 passed by the SCC Judge, Sadar, Sylhet, in SCC Suit No. 3 of 1992 are restored.  Ed. ..

Category: Civil Law | Date: 15 Jan, 2001 | Hits: 163

Abdur Rouf Chowdhury Vs. Abdul Hashem (Hashu) and another, 2000, 29 CLC (HCD)

....ur Banu Vs. Noor Mohammad 35 DLR (AD) 182, Amjad Ali Vs. Ali Hossain and another, 15 CWN 353. Lawyers Involved: Not represented— the Petitioner. ASM Wahidul Momen Chowdhury, Advocate—For Opposite Party Nos. 1-2. Civil Revision No.1906 of 1998. Judgment Md. T......t and order and accordingly no interference is called for. In the result, the Rule is discharged without order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 458. ......iff filed the present suit seeking permanent injunction claiming that he is in possession of the suit land in part performance of the contract and so this suit is not for declaration of title nor for recovery of possession whereas the defendants claimed that the suit land was originally nal land and......t and order and accordingly no interference is called for. In the result, the Rule is discharged without order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 458. ..

Category: Property Law | Date: 17 Oct, 2000 | Hits: 136

Azibor Mollick Vs. State, 2000, 29 CLC (HCD)

.... Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. Hamidul Hoque J Md. Munsurul Hoque Chowdhury J Azibor Mollick…………......Petitioner Vs. State………………............Opposite Party Judgment August 9, 2000. Lawyers In......rd. On perusal of the judgment, we find that actually the learned judge found the present petitioner guilty under section 8(2) of the above Act. But he relied not on evidence which was adduced at the time of trial but upon the statement of victim which was recorded under section 164 of the Code of C......ent petitioner is quashed. Let the convict-petitioner Azibor Mollick be set at liberty at once if not wanted in any other connection. Ed. This case is also Reported in: 52 DLR (2000) 576. ......ent petitioner is quashed. Let the convict-petitioner Azibor Mollick be set at liberty at once if not wanted in any other connection. Ed. This case is also Reported in: 52 DLR (2000) 576. ..

Category: Women and Children | Date: 9 Aug, 2000 | Hits: 82

State Vs. Babul Hossain, 2000, 29 CLC (HCD)

....prisoners be sent to the District Magistrate, Chandpur. Send down the records. Ed. This Case is also Reported in: 52 DLR (2000) 400. ......arasti. 3. Prosecution case as narrated by the informant (P.W.1) in short, is that about 3/3½ years back his sister Taslima Begum was given in marriage with the accused Babul Hossain; that at the time of marriage cash amount of taka 15,000.00 and gold ornaments were given to Taslima and after on......t an advance order of release in respect of the condemned prisoners be sent to the District Magistrate, Chandpur. Send down the records. Ed. This Case is also Reported in: 52 DLR (2000) 400. ......t an advance order of release in respect of the condemned prisoners be sent to the District Magistrate, Chandpur. Send down the records. Ed. This Case is also Reported in: 52 DLR (2000) 400. ..

Category: Women and Children | Date: 4 May, 2000 | Hits: 115

Editor, Banglabazar Patrika and two others Vs. District Magistrate and Deputy Commissioner, Nagaon, 2000, 29 CLC (HCD)

....e is also Reported in: ......he purpose of bringing about a reconciliation between the parties, and the Arbitration Council shall take all steps necessary to bring about such reconciliation. (5) If the wife be pregnant at the time talaq is pronounced, talaq shall not be effective until the period mentioned in sub-section (3)......ected to send the copies of this judgment to the Ministries of Home, Law, Education and Religious Affairs immediately. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......ected to send the copies of this judgment to the Ministries of Home, Law, Education and Religious Affairs immediately. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..

Category: Family Law | Date: 1 Jan, 2000 | Hits: 240