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Md. Mosharraf Ali Khan and others Vs. Assistant General Manager, Principal Office, Sonali Bank, Barisal of Bagura Road, Barisal City, District-Barisal and others, 2012, 41 CLC (HCD)

....he Court       concerned immediately for information and necessary action. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 51.     ......his Case is also Reported in: 21 BLT (HCD) (2013) 51.     ......he Court       concerned immediately for information and necessary action. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 51.     ..

Category: Civil Law | Date: 8 Nov, 2012 | Hits: 4

Mosharef Hossain (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....written state­ment denying all the material averments of the plaint. Subsequently, the suit was decreed on contest against the defendant Nos.1-5/7-12 and ex-parte against the rest. The respondent-bank then put the decree into execution in execution Case No.20 of 2010. In that Execution Case the ......ision (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Md. Badrazzaman J Mosharef Hossain (Md.).............................Petitioner Vs. Bangladesh and others..........................Respondents Judgment     November......o satisfy the Adalat as early as possible then the executing Court will proceed in accordance with law. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 81 ..

Category: Property Law | Date: 7 Nov, 2012 | Hits: 8

Abdur Razzaque Chowdhury and others Vs. Artha Rin Adalat and others, 2012, 41 CLC (AD)

.... first ground is concerned, it appears that in para-7 of the writ petition, the petitioners stated that: “7. That it is stated that to use the name of the petitioner’s decree holder bank filed the application dated on 16.02.2006 and obtained the Order and also beyond the knowledge ...... Appellate Division (Civil) Present:  Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Muhammad Imman Ali J Md. Shamsul Huda J  Abdur Razzaque Chowdhury and others.......Petitioners (In both cases) Vs. Artha Rin Adalat and others....................interfere with the impugned judgment and order passed in Writ Petition No.5889 of 2008. In view of the above, both leave petitions are dismissed. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: 18 Oct, 2012 | Hits: 159

Ibrahim (Md.) Vs. Government of the Peoples Republic of Bangladesh & others, 2012, 41 CLC (HCD)

....cking List, Commercial Invoice, Certificate of Origin, Radio activity Statement, Proforma Invoice, L/C and Custom Assessment Papers including freight pre-paid bill of lading duly endorsed by the bank, the respondents did not deliver the goods to the petitioner. It is asserted that the responden......he People's Republic of Bangladesh calling upon the respondents to show cause as to why the holding of the imported duty paid goods covered under Letter of Credit No. 209610010034 dated 18-3-2010 and B/E No.C137775 dated 19-10-2010 and B/E No.C63728 dated 23-5-2010, Bill of Lading No.S00005349 d......findings, we do not find any excellence in this Rule. In the result, the Rule is discharged. There is no order as to cost. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 415. ..

Category: Admiralty Law or Maritime Law | Date: 16 Oct, 2012 | Hits: 9

Abdul Wadud (Md.) Vs. Heaven Homes Private Ltd and others, 2012, 41 CLC (HCD)

....ed by the Board of Directors of the Company and the same shall be operated under the joint signatures of the Managing Director with either the Chairman or the Vice Chairman; that the Company opened a bank account with Respondent No. 7, Exim Bank Ltd. Sylhet Branch, A1-Hamra Shopping City, Zindabazar......ision (Statutory Original Jurisdiction) Present: Md. Rezaul Hasan J  Abdul Wadud (Md.).....................................Petitioner Vs. Heaven Homes Private Ltd and others.............Respondents Judgment October 14, 2012. Result: The petiti......No. 7) shall stand vacated. Costs will be borne by the parties. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 143           ..

Category: Company Law | Date: 14 Oct, 2012 | Hits: 5

Kaisor-uz-Zaman (Md.) Vs. State, 2012, 41 CLC (AD)

....-2003, he as the Cashier of the branch, received Taka 8, 70,000 from one Juned Ahmed, the account holder of saving Account No.3385 and issued receipt put­ting his signature and giving seal of the bank therein. On 17-11-2003, when the account holder came to the bank to with­draw Taka 50,000 f......d. Shamsul Huda J  Kaisor-uz-Zaman (Md.)...……………………...Petitioner Vs. State, represented by the Deputy Commissioner, Sylhet and another........Respondents Judgment  October 8, 2012.  Result: Th...... Bidhimala framed thereun­der keeping in view of the observa­tions and the findings given by this Court in the judgment. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 101. ..

Category: Anti-Corruption Laws | Date: 8 Oct, 2012 | Hits: 6

Engineer Afsaruddin Ahmed and others Vs. State and another, 2012, 41 CLC (HCD)

....e arising of the cause action, which is illegal and on that ground, the impugned proceedings being abuse of process of the Court should be quashed. Learned Advocate, in support of his contention, has banked on the decision in the case of Jubayer Vs. State, 15 BLC 432. 8. On the other hand, Mr. ...... ......the case in accordance with law. Let a copy of this judgment be communi­cated to the concerned Court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 1. ..

Category: Civil Law | Date: 8 Oct, 2012 | Hits: 21

Moudud Ahmed Vs. Anti-Corruption Commission and another, 2012, 41 CLC (HCD)

.... pursuance of that notice, he actually took more time and submitted statement on 23-7-2007, that is, after 18 days. It has been alleged that ultimately after his arrest all his files, docu­ments, bank account etc. were seized and frozen and, as such, he filed Writ Petition Nos. 6218 of 2009 and ...... Khondker Musa Khaled J Md. Nazrul Islam Talukder J Moudud Ahmed………………………Petitioner Vs. Anti-Corruption Commission and another…………………………Opposite-......h the Special Case in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 778. ..

Category: Anti-Corruption Laws | Date: 7 Oct, 2012 | Hits: 95

Agrani Bank Vs. Anwarul Bashir Khan and others, 2012, 41 CLC (AD)

....5 on 7th May, 2001 in a suit for foreclosure being Mortgage Suit No.49 of 1997. The decree was made final on 2nd August, 2001 for a sum of Taka 24, 97, 31,573. In pursuance thereof, the decree holder bank put the decree into execu­tion in Title Execution Case No.74 of 2001. In the said execution......dul Wahhab Miah J  Syed Mahmud Hossain J  Muhammad Imman Ali J  Md. Shamsul Huda J Agrani Bank.......................Appellant Vs. Anwarul Bashir Khan and others…........Respondents Judgment October 3, 2012.  Result: T......of the Artha Rin Adalat Ain, 2003. These appeals are disposed of with the above observations without any order as to costs. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 120. ..

Category: Civil Law | Date: 3 Oct, 2012 | Hits: 5

Motaher Hossen Vs. Bangladesh Commerce Bank Limited and others, 2012, 41 CLC (HCD)

....ares, filed Title Suit No.189 of 2011 in the Court of 7th Assistant Judge, Dhaka, Title Suit No.189 of 2011 claiming inter alia, that he was aggrieved by the decision of the board of directors of the bank to enhance its share capital by way of initial public offering (IPO) instead of issuing right s......Hasan J Motaher Hossen……………………………...........................Petitioner Vs. Bangladesh Commerce Bank Limited and others………...Respondents Judgment October 2, 2012. Result: ......nt of the bodies to complete the process of IPO is hereby deleted, in con­sequence. Cost will be borne by the company. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 393. ..

Category: Company Law | Date: 2 Oct, 2012 | Hits: 14

Kazi Nasir Uddin Babul Vs. State, 2012, 41 CLC (HCD)

....ied him as Kazi Nasiruddin Babul. On interrogation and search they recovered one foreign revolver having 8" length made of Japan, four round bullets, two pass-ports, one driving licence and some bank documents from him in presence of locals namely 1 Nur Mohammad (P.W.4), 2. Mosharraf Hossain, 3......Lawyers Involved: SM Shahajahan, Advocate with Md. Mohinur Rahman, Advocate—For the Appellant. MA Mannan Mohan, Deputy Attorney-General with Md. Osman Goni, Assistant Attorney-General and Anowara Begum, Assistant Attorney-General—For the Respondent. Criminal Appeal No.2871......s presently on bail is discharged from the bail bond. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 174.   ..

Category: Criminal Law, Arms Law | Date: 4 Sep, 2012 | Hits: 10

Orascom Telecom Bangladesh Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....e guidelines 2011 whatsoever. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 148.     ......al Jurisdiction) Present: Md. Ashfaqul Islam J Md. Ashraful Kamal J Orascom Telecom Bangladesh Ltd............................................Petitioner Vs. Bangladesh and others.................................................................Respondents Judgment......e guidelines 2011 whatsoever. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 148.     ..

Category: Fiscal/Taxation Law, Information Technology Law | Date: 14 Aug, 2012 | Hits: 19

Padma Oil Company Ltd Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)

....petroleum and alike product to various government offices and non-government organizations. The assessee-applicant also derives income from import and sale of agro chemical products and also from the bank interest. The books of account of the assesses-applicant are maintained regularly under the mer...... IT Reference application No. 233 of 2011 With Rule No.198 (ret) of 2011. Judgment AFM Abdur Rahman J.— Both these Income Tax Reference Application being No. 405 of 2009 and Income Tax Reference Application No. 233 of 2011 along with a Rule 198(ref) of 2001 filed by the......disposed of and the order of stay passed earlier by this court is vacated. 24. However, there shall be no order as to cost. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 226 ..

Category: Fiscal/Taxation Law | Date: 7 Aug, 2012 | Hits: 5

Bangladesh Telecommunications Company Ltd Vs. CPTU, 2012, 41 CLC (HCD)

....y Review Partel-2 within 2 weeks from the date of the receipt of this order. There, however, shall be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 98. ......) 98. ......y Review Partel-2 within 2 weeks from the date of the receipt of this order. There, however, shall be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 98. ..

Category: Information Technology Law | Date: 7 Aug, 2012 | Hits: 10

Southeast Bank Ltd Vs. District Magistrate, Chittagong and others, 2012, 41 CLC (HCD)

....3. 2. We have heard the learned Advocate and perused the application. It appears that pursuant to the provision incorporated in Section 12(5)(ka) of the Artha Rin Adalat Ain, 2003 the petitioner bank filed an application before the District Magistrate, Chittagong for taking necessary steps as p...... Mamnoon Rahman J Md. Abu Zafor Siddique J Southeast Bank Ltd……………………......Petitioner Vs. District Magistrate, Chittagong and others .......Respondents Judgment July 30, 2012. Result: The application is......r. 3. With these observation and direction the application under Article 102 of the Constitution is disposed of. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 27   ..

Category: Constitutional Law | Date: 30 Jul, 2012 | Hits: 1

Energy Prima Ltd Vs. People's Republic of Bangladesh and others, 2012, 41 CLC (HCD)

....anted earlier by this Court is hereby vacated accordingly. There is no order as to costs. Communicate this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 67 ...... Md. Ashraful Kamal J Energy Prima Ltd……………………………...Petitioner Vs. People's Republic of Bangladesh and others...............Respondents Judgment July 29, 2012.   Result: Both......anted earlier by this Court is hereby vacated accordingly. There is no order as to costs. Communicate this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 67 ..

Category: Business or Commercial Law, Constitutional Law | Date: 29 Jul, 2012 | Hits: 6

Ishaque Ali (Md.) Vs. State, 2012, 41 CLC (HCD)

....r, Meherpur and District and Sessions Judge, Meherpur. Send down the LC Record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 453       ...... Result: The appeal is allowed. Confessional statement, not a verbation statement of the accused The facts of confessional statement are being gathered by a Magistrate on question and answer basis. So the recorded confessional statement can not be the verbatim statement of the ac......fecting the human body; Secondly—The property, whether moveable or immoveable, of himself or of any other person, against any act which is an offence falling under the definition of theft, robbery, mischief or criminal trespass or which is an attempt to commit theft, robbery, mischief or ..

Category: Criminal Law | Date: 25 Jul, 2012 | Hits: 9

A.N. Istiaq Ahmed Vs. Abdus Salam Khan and others, 2012, 41 CLC (AD)

....fact, the Board of Governors of the Federation. The constitution has also designated three office bearers, namely: the President, the General Secretary and the Treasurer, who alone are to operate its bank accounts. The petitioners are two of the members of the club, who claim to be in the General Co......ah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J A.N. Istiaq Ahmed.......................................Petitioner Vs. Abdus Salam Khan and others...................Respondents Judgment July 19, 2012. Result: The petition is...... the High Court Division stands modified accordingly. (d) The office is directed to communicate a copy of this judgment to each of the abovenamed persons. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: 19 Jul, 2012 | Hits: 147

Md. Rafiqul Islam and others Vs. Md. Azmal Hossain and others, 2012, 41 CLC (AD)

.... jurisdiction. 2. The suit in question was decreed ex-parte and pursuant to the decree, the decree-holder-Rupali Bank, Uttara Model Town Branch put the decree in execution. The decree-holder bank obtained a certifiĀ­cate in respect of the mortgaged property under section 33(5) of the Artha......n CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Md. Rafiqul Islam and others....................................Petitioners Vs. Md. Azmal Hossain and other......ion of paper book is dispensed with as prayed for. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 842. ..

Category: Procedural Law | Date: 15 Jul, 2012 | Hits: 16

Md. Golzar Hossain, Advocate Vs. Janata Bank, Ullapara Branch, Sirajgonj, 2012, 41 CLC (AD)

....ight of the observations and the findings given hereinbefore. With the above findings and observations, this petition for leave to appeal is disposed of. Ed. This Case is also Reported in: ...............Petitioner Vs. Janata Bank, Ullapara Branch, Sirajgonj........Respondent Judgment July 8, 2012. Result: The petition is disposed of. Lawyers Involved: Mohammad Ali Akanda, Advocate instructed by Haridas Paul, Advocate-on-Record-For the Petitioner. Awlad Ali, Seni......ight of the observations and the findings given hereinbefore. With the above findings and observations, this petition for leave to appeal is disposed of. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: 8 Jul, 2012 | Hits: 143