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Ahmad Ullah Vs. Md. Younus and Ors, 2016, 45 CLC (HCD)

....trial court. 11. We have noted that in 57 DLR 603, (Khalilur Rahman Vs. Md. Habibullah) in that case a Bench of this Division has held that; "'Refer to drawer' as per banking parlance means cheque has been returned for want of funds in the account of the drawer. ......e of issuance of the Rule shall stand vacated. Let a copy of the judgment be sent to the court concerned. Ed.  This Case is also Reported in: 68 DLR (HCD) (2015) 228   ..

Category: Banking Law | Date: 29 Feb, 2016 | Hits: 23

Khulna Printing and Packaging Limited Vs. Government of the People's Republic of Bangladesh, 2016, 45 CLC (HCD)

....pondent customs authorities to release the imported raw materials of the petitioner under different L/Cs as mentioned in paragraph Nos.12 and 15 of the said writ petition subject to the furnishing of bank guarantees by the petitioner to be kept till realization of the export proceeds in respect, of ......issued show cause/demand notice dated 15-11-2015 pursuant to the said final report as well as the order of the Appellate Division, the petitioner replied to the said show cause notice and sought some documents. Even after filing of the writ petition, the petitioner filed letter dated 17-11-2015 befo..

Category: Fiscal/Taxation Law | Date: 27 Jan, 2016 | Hits: 0

Tariqul Islam Vs. Bangladesh and Others, 2016, 45 CLC (HCD)

....seven) days from the date of receipt of a copy of this judgment. There is, however, no order as to costs. Ed.  This Case is also Reported in: 68 DLR (HCD) (2016) 150   ......term "passport" is from a medieval document that was required in order to pass through the gate (or "porte") of a city wall or to pass through a territory. In medieval Europe such documents were issued to travellers by local authorities, and generally contained a list of towns an..

Category: Administrative Law | Date: 14 Jan, 2016 | Hits: 1

Hafizur Rahman Vs. Abdur Rahman Miah and Others, 2015, 44 CLC (HCD)

.... Let a copy of this judgment along with the lower Court's record be sent down at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016)110       ......6(six) months from the date of agreement. 12. It is found that at the trial the plaintiff side examined in all 3 PWs, the defendant side in all examined 4 DWs and both the parties exhibited some documents to prove their respective cases. PW-1, Md. Mizanur Rahman, stated in his evidence that as ..

Category: Contract Law | Date: 15 Dec, 2015 | Hits: 1

Nurun Nabir Sarker Vs. Secretary, Ministry of Education and Others, 2015, 44 CLC (HCD)

....gh Court Division, within 30 (thirty) working days of receiving copies of this judgment and order. Ed.  This Case is also Reported in: 68 DLR (HCD) (2016) 125     ...... (ii) of the Constitution on the following amongst others. Hence this petition. 3. The learned advocate, appearing for the petitioner, Mr. Humayun Kabir, having placed the petition alongwith the documents annexed therewith, and first up all submits that the petitioner is the Headmaster of Uzan ..

Category: Administrative Law, Employment/Service Law | Date: 10 Nov, 2015 | Hits: 0

Abdul Hamid Chowdhury (Iqbal) and Others Vs. Artha Rin Adalat and Others, 2015, 44 CLC (HCD)

....een disregarded in such a manner without any subjective or objective consideration whatsoever which leads to absurdity and absolutely without any lawful authority. 6. The learned counsel for the bank has tried to impress upon us that the petitioner should have filed appeal under section 19......to give a fresh decision after hearing the parties in accordance with law at the earliest. Communicate at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 148   ..

Category: Banking Law | Date: 5 Nov, 2015 | Hits: 3

Turfatur Ain Chowdhury Vs. Artha Rin Adalat Dhaka and Others, 2015, 44 CLC (HCD)

....Note provided in section 4 of the Negotiable Instruments Act, 1881 which is as under: "Promissory Note"-A "promissory note" is an instrument in writing (not being a bank-note or a currency-note) containing an unconditional undertaking, signed by the maker, to pay o......perty from her father, she can not be put in her father's position. 9. Mr. Siddique, by referring to the Letter of Undertaking and DP Note, forcefully submits that by signing on those charge documents, the petitioner's father had placed himself as surety or guarantor for the Company'..

Category: Constitutional Law, Procedural Law | Date: 25 Aug, 2015 | Hits: 4

Tufail K. Haider Vs. Extra Assistant Commissioner of Taxes and Others, 2015, 44 CLC (HCD)

....cy of the said revisional application, it is alleged that, the Commissioner secured issuance of pay orders in favour of the government exchequer for an amount of Taka 1, 20, 59,999 from the concerned bank of the petitioner under section 43 of the said Ordinance. According to the petitioner......sed without lawful authority and are of no legal effect. Accordingly, and the same are struck down. Communicate this. Ed.  This Case is also Reported in: 68 DLR (HCD) (2016) 105 ..

Category: Fiscal/Taxation Law | Date: 24 Aug, 2015 | Hits: 2

Major General Abdus Salam (Retd) Vs. Bangladesh Election Commission and another, 2015, 44 CLC (AD)

....ispose of the same in accordance with law expeditiously keeping in view the observations made here­inbefore in this judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 289 ......ispose of the same in accordance with law expeditiously keeping in view the observations made here­inbefore in this judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 289 ..

Category: Civil Law, Election Law | Date: 13 Aug, 2015 | Hits: 30

Salauddin Qader Chowdhury Vs. Chief Prosecutor, International Crimes Tribunal, Dhaka, Bangladesh, 2015, 44 CLC (AD)

.... Salauddin Qader Chowdhury along with some of his accomplices led the Pakistani Army and attacked Unsattur para, a Hindu populated area, under PS Rawjan and brought the local Hindu peo­ple to the bank of the pond behind the house of Shatish Mohajan telling them to attend a peace meeting, and aft......ation against the convict Salauddin Qader Chowdhury. It submitted a preliminary report to the Chief Prosecutor appointed under the Act of 1973. The Chief Prosecutor submit­ted formal charges with documents before the tribu­nal for taking cognizance of the offences against Salauddin Qader Cho..

Category: International Crimes Tribunal Law | Date: 29 Jul, 2015 | Hits: 38

Shamsun Nahar Begum Shelly Vs. Bangladesh and Others, 2015, 44 CLC (HCD)

....e of this Rule is stand vacated. Communicate a copy of this Judgment and Order to the Court of Settlement concerned at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 30 ......ur Rob Biswas pressed the said Abid Hossain to execute and register the sale deed upon receipt of the remaining money it was revealed that the property has been mortgaged to the HBFC and the original documents are lying with them. Thereafter the petitioner after making necessary inquiry came to know..

Category: Abandoned Properties Law | Date: 8 Jul, 2015 | Hits: 5

Torab Ali and Others Vs. Madris Ali Saha and Others, 2015, 44 CLC (HCD)

....y granted earlier by this court is hereby recalled and vacated. Send down the Lower Court's Records at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 44   ......ack the matter to the trial court to consider the application on merit. 9. I have heard the learned Advocates of both the sides, perused the impugned judgment of the courts below, the papers and documents as available on the records. It appears that the opposite party Nos.1 and 2 as plaintiffs ..

Category: Civil Law, Procedural Law | Date: 29 Jun, 2015 | Hits: 1

Esrarul Huq Chowdhury Vs. Government of the People's Republic of Bangladesh and Others, 2015, 44 CLC (HCD)

....n that he should refrain from doing any illegal activities by abusing his official power. No order as to cost. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 173.   ......e discussion of the facts and circumstances of the case of the parties and narrating facts as well as the circumstances of the case of both the sides and then having considered all material facts and documents alongwith the decisions of the higher court and the concerned law, the aforesaid judgment ..

Category: Constitutional Law, Property Law | Date: 28 Jun, 2015 | Hits: 1

Immam Hossain Sawdagor and others Vs. Abul Hashem and others, 2015, 44 CLC (AD)

....osed of by the Bench presided over by Nozrul Islam Chowdhury, J. within 2(two) months from the date of receipt of this judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 266. ...... and thereafter submitted that the plaintif's proved his (sic, it would be their) case by oral and documentary evidence, but the trial court without appreciating the evidence on record, exhibited documents and plaintiff's case dis­missed the suit. He draws our attention to the ground No...

Category: Civil Law, Procedural Law | Date: 15 Jun, 2015 | Hits: 12

Sarwar Alam Chowdhury Vs. Government of the People’s Republic of Bangladesh & others, 2015, 44 CLC (HCD)

....s to costs. Send down the record of the Court of Settlement. Communicate the judgment to respondent No. 1 at once. Zinat Ara J.- I agree. Ed. This case is also Reported in: ......tion officer of the Ministry of Public Works served a notice upon the petitioners for showing the original deeds and also served similar notice on 08.04.1984. While the writ petitioners submitted his documents and was advised to file an application before the Court of Settlement and accordingly, the..

Category: Abandoned Properties Law | Date: 27 May, 2015 | Hits: 35

Abdul Monayem Lili Vs. Judge, Artha Rin Adalat & others, 2015, 44 CLC (HCD)

....n clear violation of section 33(1) read with section 48 of the Ain, 2003. 5. By filing an affidavit-in-opposition Mr.Shahjada Al-Amin Kabir the learned counsel appearing for the respondent No. 2 bank opposes the rule. 6. Mr. Shahjada Al-Amin Kabir the learned counsel mainly contends that t......rder of stay granted earlier by this Court is hereby recalled and vacat­ed. Communicate this order at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 358   ..

Category: Banking Law | Date: 25 May, 2015 | Hits: 0

Bangladesh Legal Aid and Services Trust (BLAST) and others Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Dhaka and others, 2015, 44 CLC (AD)

....er with the victim and they also saw the deadbody of the victim immediate after of his departure from the room. P.Ws.3 and 4 also saw the petitioner who was talking with co-accused Mozibur beside the bank of the pond of dwelling house, where the victim was raped and killed. The medical evidence prov...... If an offender commits an offence which is punishable to death, who is unable to engage a defence lawyer, he is provided with a defence counsel at the cost of the State. He is also provided with all documents free of cost which are relevant for taking his defence before commencement of the trial. E..

Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 83

Bangladesh Legal Aid and Services Trust (BLAST) and others Vs. Shafiqul Islam & Others, 2015, 44 CLC (AD)

....r with the victim and they also saw the dead body of the victim immediate after of his departure from the room. P.Ws.3 and 4 also saw the petitioner who was talking with co-accused Mozibur beside the bank of the pond of dwelling house, where the victim was raped and killed. The medical evidence prov...... If an offender commits an offence which is punishable to death, who is unable to engage a defence lawyer, he is provided with a defence counsel at the cost of the State. He is also provided with all documents free of cost which are relevant for taking his defence before commencement of the trial. E..

Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 86

Rukunuddin Mollah (Md.) and others Vs. Artha Rin Adalat 2nd Court and others, 2015, 44 CLC (HCD)

....ight as Auction Pur­chaser for Valuable Consideration— Once the auction is complete no relief is available against such auction sale but the mortgagor any proceed against the mortgagee bank for compensation if it is proved that there was illegality in the auction sale...... (24) ......e Rule is hereby recalled and stand vacated. Communicate a copy of this Judgment and Order to the Court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 287. ..

Category: Banking Law, Others | Date: 27 Apr, 2015 | Hits: 10

Moinuddin Hasan Rashid Vs. Registrar, Joint Stock Com¬panies and Firms and another, 2015, 44 CLC (HCD)

....upon the hold­ing of such AGM. The cost of this Application shall be borne out of the funds of the Company. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 326   ......upon the hold­ing of such AGM. The cost of this Application shall be borne out of the funds of the Company. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 326   ..

Category: Company Law | Date: 15 Apr, 2015 | Hits: 7