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Chairman, Mongla Port Authority Vs. Kazi Brothers and others, 2007, 36 CLC (AD)

....uch payment was made by the port authority; because of such non-payment the respondent No.1 could not, within the time stipulated, pay the installments against the loans disbursed to him by the above banks and as a result he had to pay a sum of Taka 8,00,000 to the above banks which accrued as inter......rt Appellate Division (Civil) Present: Md. Ruhul Amin J M M Ruhul Amin J Md. Tafazzul Islam J Chairman, Mongla Port Authority............. Appellant Vs. Kazi Brothers and others…………………………Respondent Judgment June 22, 2004 Case Referred To-......rding calculations made by the trial Court in respect of the claims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ..

Category: Civil Law | Date: | Hits: 109

Bangladesh Agricultural Development Corporation Vs. Artha Rin Adalat and ors., 2006, 35 CLC (AD)

....er of the petitioner was enhanced  to Taka 20,56,99,094/05 in Bangladesh currency and that according to the terms of the LC the petitioner was to release the shipping documents on payment of the banks dues and that on receipt of the shipping documents the plaintiff respondent informed the defen......Civil) Present: Syed JR Mudassir Husain CJ MM Ruhul Amin J A Kabir Chowdhury J Bangladesh Agricultural Development Corporation (BADC)..............Petitioner Vs. Artha Rin Adalat and others ...............Respondents Judgment June 29, 2006. Result: The petitions are......well officers of the Court. We have perused the impugned judgment. There is no error. The petitions are therefore dismissed. Ed. This Case is also Reported in: 59 DLR (2007) (AD) 6. ..

Category: Business or Commercial Law | Date: | Hits: 135

Akhlasur Rahman and other Vs. Safarullah and others, 1990, 19 CLC (AD)

....vision cannot be legally sustained. In the result, therefore, the appeal is al­lowed and the impugned judgment set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 189. ...... is also Reported in: 42 DLR (AD) (1990) 189. ......vision cannot be legally sustained. In the result, therefore, the appeal is al­lowed and the impugned judgment set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 189. ..

Category: Property Law | Date: | Hits: 47

Nurul Huq Khan Vs. GM, Sonali Bank, Head Office, Dha­ka, Bangladesh and others, 1989, 18 CLC (AD)

....r at Rajshahi Medical College Branch he was placed un­der suspension on 2.11.77 by the order of the region­al office on the allegation of his involvement in fraudulent activities and defalcation of bank money while he was posted at Sirajganj branch as a Ledger Clerk during 1970-71, that there was ......n J ATM Afzal J Nurul Huq Khan.................…………………………………………….Plaintiff-Petitioner Vs. General Manager, Sonali Bank, Head Office, Dha­ka, Bangladesh and ors...………….Defendant- Respondents Judgment May 2, 1989. Result: The petitio......as deprived of pro­cedural protection which was available to him at the initiation of the proceeding. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 179. ..

Category: Employment/Service Law | Date: | Hits: 98

Collector of Customs, Custom House, Chittagong and others Vs. A. Hannan, 1990, 19 CLC (AD)

.... the matter the opinion is that the appeal must be dismissed. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 167. ......7. ...... the matter the opinion is that the appeal must be dismissed. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 167. ..

Category: Fiscal/Taxation Law | Date: | Hits: 153

Moslehuddin (Md) Vs. State, 1990, 19 CLC (AD)

....de. Let the appeal be heard afresh and disposed of by the competent Bench of the High Court Division in accordance with law. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 142 & 160. ......ment January 2, 1990. Result: The appeal is allowed. The Code of Criminal Procedure (V of 1898) Section 367, 423 If judgement of the trial court cannot be termed as a judgement at all and fail to fulfill requirements of section 367 of the Cr.P.C. then only order of remand for writing......de. Let the appeal be heard afresh and disposed of by the competent Bench of the High Court Division in accordance with law. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 142 & 160. ..

Category: Criminal Law | Date: | Hits: 52

Fazlul Kader Chowdhury Vs. Cyma Zarrar and another, 2006, 35 CLC (AD)

....Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ......esent: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Fazlul Kader Chowdhury..................Petitioner Vs. Cyma Zarrar and another……………...Respondents Judgement January 3......Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ..

Category: Procedural Law | Date: | Hits: 154

Shabbir Ahmed Chowdhury Vs. State, 2006, 35 CLC (AD)

....t No. 1674 with Pubali Bank Limited Shahabag Avenue Branch, Dhaka on the basis of his (the petitioner's) identification and that the petitioner also similarly opened account No. 1691 with the same bank in the name of a bogus and non-existent firm, namely, M/S Huq and sons. Thereafter current acc...... Advocate, instructed by Sufia Khatun, Advocate-on-Record-For the Petitioner Not Represented-Respondent Criminal Petition for Leave to Appeal No. 205 of 2003 (From the Judgment and Order dated 02.07.2003 passed by the High Court Division in Criminal Miscellaneous Case No.7081......find any legal grounds of quash the proceeding and as such the impugned order does not suffer from any error. The petition is found to be without any substance and is thus dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 57

Mohammad Junayed Quader Vs. Artha Rin Adalat No.4, Dhaka and others, 2005, 34 CLC (AD)

....ed with as prayed for. Stay granted earlier be further extended till hearing of the appeal The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ...... M. A. Aziz J Amirul Kabir Chowdhury J Mohammad Junayed Quader………………..Petitioner Vs. The Learned Artha Rin Adalat No.4, Dhaka and others........Respondents Judgment March 2, 2005. Lawyers Involved: ......ed with as prayed for. Stay granted earlier be further extended till hearing of the appeal The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ..

Category: Civil Law | Date: | Hits: 94

BRDB and others Vs. Md. Idris Ali Akond and others, 1998, 27 CLC (AD)

....fication for making an order of remand as prayed for which will be a cere­mony too idle to be permitted. In the result, the appeal is allowed without any order as to cost. Ed. ......M. Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J      Bimalendu Bikash Roy Chowdhury J Bangladesh Rural Development Board and others …………….Appellants. Vs. Md. Idris Ali Ako......fication for making an order of remand as prayed for which will be a cere­mony too idle to be permitted. In the result, the appeal is allowed without any order as to cost. Ed. ..

Category: Employment/Service Law | Date: | Hits: 73

Nur Hussain and other Vs. Jamuna Bank Ltd and others, 2005, 34 CLC (AD)

....­cumstances and requested them to cancel/rescind the unlawful decision in respect of the sponsor's share, directors position distribution during the formation and registration of the respondent No.1 bank and also requested them to take all necessary steps to fulfill the legiti­mate right and entit......ound in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ......ll disposal of the appeal in Civil Petition No.20 of 2004. The petitioners are also permitted to add additional ground in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ..

Category: Banking Law | Date: | Hits: 185

Sekander Ali Howlader and others Vs. State, 1997, 26 CLC (AD)

.... their sentence is reduced to the period already undergone by each of them. The sentence of fine will remain. The accused-appellants may be released from their respective bail bonds. Ed. ......e Division (Criminal) Present: A.T.M. Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Sekander Ali Howlader and others.........Accused-Appellant (In Criminal Appeal No. 4 of 1997) ...... their sentence is reduced to the period already undergone by each of them. The sentence of fine will remain. The accused-appellants may be released from their respective bail bonds. Ed. ..

Category: Criminal Law | Date: | Hits: 44

S.M. Redwan Vs. Md. Rezaul Islam, 2004, 33 CLC (AD)

.... cheques including the instant cheque No. NCCB-314709 B dated 15.5.1999 for an amount of Tk.3, 00, 0007- in the name of the petitioner but after the above cheque was produced to the concerned bank on 21.9.1999 for encashment, it being dishonored was returned on 21.9.1999 with the remark 'Pay......slam, Senior Advocate, instruct­ed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner Not represented-Respondent Criminal Petition for Leave to Appeal No. 69 of 2003 (From the Judgment and Order dated 9th February, 2003 passed by the High Court Division in Criminal Miscellaneous Case ......counsel of the petitioner merit consid­eration. Leave is granted. Preparation of paper book is dispensed with as prayed for. The Petitioner is permitted to add addition­al grounds. Ed. ..

Category: Criminal Law | Date: | Hits: 50

Principal, Pabna Cadet College, Pabna, Bangladesh & anr Vs. A.B.M. Abdul Matin, 2006, 35 CLC (AD)

.... relief to the plaintiff as against the order of dismissal from service in a suit which was not maintainable. Accordingly the appeal is allowed without any order as to costs. Ed. ...... Ed. ...... relief to the plaintiff as against the order of dismissal from service in a suit which was not maintainable. Accordingly the appeal is allowed without any order as to costs. Ed. ..

Category: Employment/Service Law | Date: | Hits: 113

Chair, BoD, Rajshahi Krishi Unnayan Bank & anr Vs. Md. A Motaleb & ors., 2006, 35 CLC (AD)

.... 10. The respondents are liberty to men­tion the matter fixed for hearing in the chamber. The petitioners are directed to pre­pare paper book within 6 (six) months. Ed. ...... (Civil) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J The Chairman, Board of Directors, Rajshahi Krishi Unnayan Bank and another.... Petitioners vs Md. Abdul Motaleb and others .........................R...... 10. The respondents are liberty to men­tion the matter fixed for hearing in the chamber. The petitioners are directed to pre­pare paper book within 6 (six) months. Ed. ..

Category: Employment/Service Law | Date: | Hits: 81

Harun-or-Rashid (Md.) Vs. Pubali Bank Ltd. and others, 2008, 37 CLC (AD)

....tent. 8. It is to be borne in mind that Artha Rin Adalat Ain, 1990 is a special legislation and the Artha Rin Adalat created thereunder to recover out­standing loans given by the banks and financial institutions is a special court and not an ordinary civil Court as it arbitrate......im J Md. Tafazzul Islam J Md. Joynul Abedin J Harun-or-Rashid (Md.)...........................Appellant Vs. Pubali Bank Ltd. and others ................Respondents Judgment August 1, 2007. ......accordingly, set aside. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 18. ..

Category: Banking Law | Date: | Hits: 157

Md. Salahuddin Khan Vs. Most. Halima Akhter Khatoon and others, 2008, 37 CLC (AD)

....ct decision. The learned counsel could not point at any illegality or infirmity in the decision of the. High Court Division so as to call for interference. The petition is dismissed. Ed. ......M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Md. Salahuddin Khan.............................................Petitioner Vs. Most. Halima Akhter Khatoon and others…................Respondents Judgment April 19, 2007. Lawyer......ct decision. The learned counsel could not point at any illegality or infirmity in the decision of the. High Court Division so as to call for interference. The petition is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 36

Belal Hossain Vs. Kazi Jane Alam & others, 2007, 36 CLC (AD)

....nata Bank Corporate Branch, Dhaka in 2002 repayable in 10 years and he paid 6/7 installments. Therefore, he is neither a defaulter nor defaulted in payment of monthly installments to the Bank and the bank has not instituted loan case in any court against him. The opposite party No.1 filed art additi...... Kazi Jane Alam & others .................Respondents Judgment May 8, 2007. Result: The leave petition is dismissed. Case Referred To- Nur Mohammad vs. Badruddoza Chowdhury and another, 42 DLR (AD) 116. Lawyers Involved: A.J. Mohammad Ali, Senior Advocate instructe......the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in:..

Category: Election Law | Date: | Hits: 162

Abdul Mohit and others Vs. Social Investment Bank Ltd & ors., 2008, 37 CLC (AD)

....terference with the impugned order. These appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in:  61 DLR (AD) (2009) 82. ...... Appellate Division (Civil) Present: Mohammad Fazlul Karim J Syed J.R. Mudassir Husain J Abu Sayeed Ahammed J Md. Fazlul Haque J Abdul Mohit and others ....................................Appellants (In Civil Appeal No. 93 of 2002). ......terference with the impugned order. These appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in:  61 DLR (AD) (2009) 82. ..

Category: Business or Commercial Law | Date: | Hits: 147

Asaduzzaman (Md) Vs. Bangladesh, 1990, 19 CLC (AD)

.... of in accordance with P.O. No. 26 of 1973 and the rules framed thereun­der. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 144. ......J Mustafa Kamal J Latifur Rah­man J Asaduzzaman (Md).....................……………………………...Appellant Vs. Bangladesh, represented by the Secretary, Min­istry of Law and Jus­tice & others........Respondents Judgment January 30, 1990. Result: The ap...... of in accordance with P.O. No. 26 of 1973 and the rules framed thereun­der. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 144. ..

Category: Constitutional Law | Date: | Hits: 170