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Dr. AH Ali Haider Qureshi Vs. Dr. Ali Asker Qureshi, 2013, 42 CLC (HCD)

....ima Nasrin, Advocate—For the Opposite-Party. Civil Revision No. 4682 of 2009. Judgment Soumendra Sarker J.— The Leave was granted to decide as to whether the impugned order dated 18-10-2009 passed by the learned Additional District Judge, 8th Court, Dhaka in Civil Revision...... of issuance of the order of leave stands vacated. 19. However, there will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 197     ......e said agree­ment the defendant was required to pay 1(one) year's monthly rent in advance and accordingly the defendant paid Taka 6, 00,000 (six lacs) to the attorney of the plaintiff through cheque. Subsequently the defendant since not paid rent from January, 1994 AD the plaintiff filed the..

Category: Property Law | Date: 6 Mar, 2013 | Hits: 3

Sayeda Kamrun Jahan Chowdhury Vs. Judge, Artha Rin Adalat No.1, Court Hill, Police Station-Kotwali, District-Chittegong and others, 2013, 42 CLC (HCD)

....an application under Article 102 of the Constitution of the People's Republic of Bangladesh this Rule Nisi was issued calling upon the respondents to show cause as to why the impugned order No.11 dated 20-1-2011 passed by the learned Judge of the Artha Rin Adalat No.1, Chittagong in Artha Rin Ex......sts. Let the copy of the judgment and order be sent to all concerned for information and neces­sary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 146   ......sts. Let the copy of the judgment and order be sent to all concerned for information and neces­sary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 146   ..

Category: Civil Law, Procedural Law | Date: 26 Feb, 2013 | Hits: 3

Rear Admiral M. Nurul Islam, NCC, PSC (Retd.) Vs. State, 2013, 42 CLC (HCD)

....ons filed by 4(four) accused petitioners challenging the proceeding of Special Case No. 56 of 2003 (formerly Metropolitan Special Case No.72 of 2003) arising out of Tejgaon Police Station Case No. 34 dated 07.08.2002 corresponding to BAC B.R. No. 81 of 2002, under sections 409/418/109 of the Penal C......are hereby vacated. Send down the lower court’s record with a copy of the judgment and order at once. Siddiqur Rahman Miah J. - I agree. Ed. This Case is also Reported in: ......are hereby vacated. Send down the lower court’s record with a copy of the judgment and order at once. Siddiqur Rahman Miah J. - I agree. Ed. This Case is also Reported in: ..

Category: Anti-Corruption Laws | Date: 24 Feb, 2013 | Hits: 82

Amir Hossain Sowdagar Vs. Md. Harunur Rashid and others, 2013, 42 CLC (AD)

....fur Rahman Mondal and Sheikh Mohammad Morshed, Advocates) instructed by Sufia Khatun, Advocate-on-Record—For the Respondents. Civil Appeal No. 53 of 2011. (From the judgment and order dated 3-8-2010 passed by the High Court Division on First Appeal No.281 of 2008.) Judgment ......ismissed. The appeal is dismissed with the above mod­ification of the judgment, without however, any order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 130. ......ismissed. The appeal is dismissed with the above mod­ification of the judgment, without however, any order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 130. ..

Category: Contract Law | Date: 20 Feb, 2013 | Hits: 42

Rana Kaiser Siddiq Vs. Bangladesh Chemical Industries Corpora­tion and others, 2013, 42 CLC (AD)

....er. MA Samad, Senior Advocate, instructed by Sufia Khatun, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No.550 of 2010. (From the judgment and order dated 18-8-2009 passed by the High Court Division in Writ Petition No.4806 of 2004). Judgment ......acts do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 31,18 MLR (AD) (2013) 161. ......acts do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 31,18 MLR (AD) (2013) 161. ..

Category: Others | Date: 14 Feb, 2013 | Hits: 10

Shamir Chandra Sajwal and others Vs. Government of Bangladesh, 2013, 42 CLC (HCD)

....ation filed under section 115(1) of the Code of Civil Procedure at the instance of the plaintiff-respondent-petitioners calling upon the Opposite-Party to show cause as to why the judgment and decree dated 3-11-2010 passed by the learned Joint District Judge, 3rd Court, Barisal in Title Appeal No.11......no order as to costs. Let a copy of the judgment along with the Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 386.   ......no order as to costs. Let a copy of the judgment along with the Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 386.   ..

Category: Procedural Law | Date: 13 Feb, 2013 | Hits: 8

AKM Mahtabul Islam Vs. Bangladesh and others, 2013, 42 CLC (HCD)

....interest in the local politics. On 16-6-2011 rule was issued in the following terms:— "Let a rule nisi issue calling upon the respondents to show cause as to why the noti­fication dated 2-2-2011 so far as it relates to Serial No. 1 declaring of Sarwar Kamal as Mayor of Cox's ......s rule is discharged with an exemplary costs of Taka 10,000 (ten thousand) as condition precedent. Ed. This Case is also Reported in:  65 DLR (HCD) (2013) 539     ......s rule is discharged with an exemplary costs of Taka 10,000 (ten thousand) as condition precedent. Ed. This Case is also Reported in:  65 DLR (HCD) (2013) 539     ..

Category: Constitutional Law, Election Law | Date: 30 Jan, 2013 | Hits: 3

Abdullah-al-Noman Vs. State and another, 2013, 42 CLC (HCD)

....sed-petitioner, a Rule was issued calling upon the opposite-parties to show cause as to why the impugned proceedings of Special Case No. 22 of 2007 arising out of Dhan-mondi Police Station Case No.71 dated 19-9-1998 under section 4(2) of the Anti-Corruption Commis­sion Act, 1957, now pending bef...... trial of the case in accordance with law. Let a copy of this judgment be transmitted to the concerned court below at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 156 ...... trial of the case in accordance with law. Let a copy of this judgment be transmitted to the concerned court below at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 156 ..

Category: Anti-Corruption Laws, Criminal Law | Date: 24 Jan, 2013 | Hits: 8

Giasuddin-al-Mamun Vs. State and another, 2013, 42 CLC (HCD)

.... of the main application. 34. By filing this application under section 10(1) (a) of the Criminal Law Amendment Act, 1958 the accused-petitioner has challenged the legality of the order dated 18-10-2012 passed by the learned Special Judge, Special Court No. 3, Dhaka in Special Case No.......warranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 50.   ......warranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 50.   ..

Category: Criminal Law | Date: 17 Jan, 2013 | Hits: 11

Mir Sharafat Ali Vs. Govemment of Bangladesh and others, 2013

....oner has completed all official formalities in order to get MRP Passport and thereafter, respondents were given a "Delivery Slip" bearing reference No. 260100000327956 in which the delivery date was stipulated on 8-12-2011. Despite the date was fixed for delivery of MRP Passport on 15......hin 2 (two) weeks time from the receipt of the copy this judgment. The office is directed to communicate the order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 201 ......hin 2 (two) weeks time from the receipt of the copy this judgment. The office is directed to communicate the order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 201 ..

Category: Constitutional Law | Date: 10 Jan, 2013 | Hits: 2

Shafiqul Alam (Md.) Vs. State, 2013, 42 CLC (HCD)

.... it registered showing that the informant and his brother empowered with him to transfer the schedule property. The owners did not execute such deed. In creating the registered power of attorney deed dated 16-11-2006, the accused nos.2-4 had involvement. Subsequently, the petitioner (FIR -named accu......gainst his vendor Md. Alam Khan, he tried to get refund of the money he advanced. As the accused No.1 issued cheques against the part payment of advanced consideration of money and those cheques were dishonoured, he had to file CR Case No.1761 of 2010 and 1762 of 2010 against the principal accused M......of forged power to attorney deed. Subsequently, when he came to Know about the allegation against his vendor Md. Alam Khan, he tried to get refund of the money he advanced. As the accused No.1 issued cheques against the part payment of advanced consideration of money and those cheques were dishonour..

Category: Criminal Law | Date: 10 Jan, 2013 | Hits: 4

Asaduzzaman Shahid Khan Vs. National Tea Company Ltd and others, 2013, 42 CLC (HCD)

....n of tea being about 5.20 million kgs; that the 33rd Annual General Meeting (AGM) of the company was held on 29-7-2011, election for one vacant post of a direction was scheduled to take place on that date. But election could not be held due to some disagreements; there were two candidates for one va......ost will be borne by the company: Let a copy of the order be send to the Registrar of the Joint Stock Companies arid Firms. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)110. ......ost will be borne by the company: Let a copy of the order be send to the Registrar of the Joint Stock Companies arid Firms. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)110. ..

Category: Company Law | Date: 9 Jan, 2013 | Hits: 13

Habibur Rahman @ Habu and others Vs. State, 2013, 42 CLC (AD)

....or and of the essential facts that he has to meet or in the alternative, to warn the accused of the case he is to answer. It shall contain the nature and the particulars of the offence by name, the date, time and place. The accused is entitled to know with accuracy and certainty the exact, nature...... of the charges and they be set at liberty if not wanted in connection with any other case. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 108; 18 BLC (AD) (2013) 218.  ...... of the charges and they be set at liberty if not wanted in connection with any other case. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 108; 18 BLC (AD) (2013) 218.  ..

Category: Procedural Law | Date: 9 Jan, 2013 | Hits: 10

Abul Khair Chandu Vs. State and another, 2013, 42 CLC (HCD)

....h; On an applica­tion under section 561A of the of the Code of Criminal Procedure, this Rule was issued calling upon the complainant-opposite-party, to show cause as to why the judgment and order dated 23-2-2010 passed by the learned Sessions Judge, Nilphamari in Criminal Revision No. 21 of 2010......ailed to repay the amount of loan. As such, the accused-petitioner issued a cheque towards part payment of the dues amounting to Taka 35 lac in favour of the complainant bank on 1-12-2004, but it was dishonoured by the Bank on several dates at last being on 16-2-2005. After serving legal notice on 2......ish business of the accused-petitioner in the form of loan on the assurance of refunding the money within one year. But he failed to repay the amount of loan. As such, the accused-petitioner issued a cheque towards part payment of the dues amounting to Taka 35 lac in favour of the complainant bank o..

Category: Banking Law, Criminal Law | Date: 7 Jan, 2013 | Hits: 2

Gulf Air Company GSC and another Vs. Travel Trade Ltd. and others, 2013, 42 CLC (AD)

.... Aktar Imam, Senior Advocate, instructed by Md. Zahirul Islam, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No.2407 of 2012. (From the judgment and order dated the 13th day of August, 2012 passed by the High Court Division in Civil Order No.2556 of 2012......09 of 2012 pending before him on merit positively within three weeks from the date of receipt of this judgment. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 156.  ......09 of 2012 pending before him on merit positively within three weeks from the date of receipt of this judgment. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 156.  ..

Category: Procedural Law | Date: 4 Jan, 2013 | Hits: 8

Muzibul Haque (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....e petitioenr, Md. Muzibul Haque, the Managing Director of Gopalpur Poultry & Fishery Complex Ltd. this Nisi was issued calling upon the respon­dents to show cause as to why the Auction Notice dated 31-3-2010 (Annexure-A) issued by the respondent No. 2 shall not be declared to have been made ......s Division at the time of issuance of the Rule is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 138     ......-2-2009 made a prayer to the respondent No. 2, Bank to reduce his interest which was rejected on 2-3-2009. The respondent No. 2, Bank then issued a final notice on 27-7-2009 asking for the payment of cheque amounting to Taka 59, 23,323 by 31-7-2009 failing which it was further mentioned by the Bank ..

Category: Banking Law | Date: 6 Dec, 2012 | Hits: 3

Nazrul Islam (Md.) Vs. State, 2012, 41 CLC (AD)

.... Helaluddin Mollah, Advocate—For the Petitioner. Md. Shahrawardi, Deputy Attorney-General—For the Respondent. Jail Petition No.17 of 2010. (From the judgment and order dated 3rd December, 2007 passed by the High Court Division in Death Reference No.27 of 2003 with Cri......to one of imprisonment for life. Accordingly, the sentence of the convict Md. Nazrul Islam is modified to imprisonment for life. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 199. ......to one of imprisonment for life. Accordingly, the sentence of the convict Md. Nazrul Islam is modified to imprisonment for life. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 199. ..

Category: Criminal Law, Procedural Law | Date: 6 Dec, 2012 | Hits: 6

Amanullah (Md.) and other Vs. Abdul Aziz and others, 2012, 41 CLC (HCD)

....y Md. Amanullah and others, this Rule Nisi was issued calling upon the respondent-contemnors to show cause as to why they should not be punished for violating and disregards to the judgment and order dated 8-12-2009 passed in Writ Petition No. 3968 of 2002. 2. Md. Shahjahan and Mohammad Shafiqu...... With the above observations and direc­tions this Rule is disposed of. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 485.     ...... With the above observations and direc­tions this Rule is disposed of. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 485.     ..

Category: Constitutional Law, Contempt of Court Law | Date: 5 Dec, 2012 | Hits: 4

Ramala Khatun & another Vs. Baitul Aman Co-operative Housing Society Ltd. and others, 2012, 41 CLC (HCD)

....by Md. Nawab Ali, Advocate-on-Record-For the Respondents (In Civil Petition No.1041 of 2009). Civil Petition for Leave to Appeal No.928 of with No.1041 of 2009. (From the judgment and order dated the 19th day of February, 2009 passed by the High Court Division in First Appeal (FA) No.42 of......e of receipt of the copy of this judgment. The trial Court is directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 104. ......e of receipt of the copy of this judgment. The trial Court is directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 104. ..

Category: Procedural Law | Date: 5 Dec, 2012 | Hits: 75

Sadek Hossain (Md.) Vs. State and another, 2012, 41 CLC (HCD)

....Unless cognizance is taken, the FIR named suspected persons are not accused before the court in the eye of law. Non-existent case can not be quashed When no criminal case exists before the date of taking congnizance, the question of quashing such a non-existent criminal case by invoking s......posal of the case. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 278.     ......posal of the case. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 278.     ..

Category: Criminal Law | Date: 3 Dec, 2012 | Hits: 4