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Sonali Bank Ltd. Vs. Md. Nur Habib Bappi and others, 2009, 38 CLC (AD)
....ecord made the Rule absolute and there is no cogent reason to call for any interference by this Division. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010)121. ......l Haque J Surendra Kumar Sinha J Sonali Bank Ltd. represented by the Assistant General Manager, Bogra Corporate Branch...................................Petitioner Vs. Md. Nur Habib Bappi and others...............Respondents Judgment December 14, 2009. Lawyers Involved: A.K.M...... Case No.103 of 1994 against Zaman Textile Mill, the judgment debtor, for realisation of the decretal amount and then in the said execution case several auction notices were published for selling the properties which were mortgaged by the judgment debtor as security for the loan and then in pursuant......ecord made the Rule absolute and there is no cogent reason to call for any interference by this Division. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010)121. ..Category: Civil Law | Date: | Hits: 89
National Bank Limited Vs. New Sonali Garments (Private) Ltd. & Others, 1993, 22 CLC (HCD)
....urn the memorandum of cross‑objections to defendant Nos. 5 and 9. The office is directed to make the appeal ready expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 547. ......th M Hasan, Advocates ‑ For the Opposite Party Appellants. Ozair Farooq, Advocate ‑ For the Defendant‑Appellant. Appeal from Original Decree No.771 of 1991. with FAT No.369 of 1991 and Cross‑objection Case No.735 of 1991. Judgment ARM Amirul Islam Chowdhury J.- This appeal......urn the memorandum of cross‑objections to defendant Nos. 5 and 9. The office is directed to make the appeal ready expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 547. ......has been enacted in the procedural law. Order 41 rule 22 has given the respondent in the appeal the right to prefer a cross‑objection. We are dealing with a special law creating a special forum for adjudication of suits which only can be filed by a financial institution and only for recovery of de..Category: Civil Law | Date: | Hits: 96
Anti Corruption Commission Vs. Md. Enayetur Rahman and others, 2011, 40 CLC (AD)
....e Customs Act, that neither police nor the Anti-Corruption can withhold the contraband goods and release them to the owner without clearance of the Customs Authority, that importation of goods is not complete unless and until the whole process of assessment is complete and so on. The facts of the ca...... J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Anti Corruption Commission represented by it's Chairman, Head Office-1, Segunbagicha, Dhaka and another ..................................................Petitioners Vs. Md. Enayetur Rah......in an earlier case it had decided that it had got jurisdiction to intervene under Article 102(2) of the Constituting "whenever it finds the process of a Court of law is abused and or misused in a properly constituted petition". In arriving at such conclusion the High Court Division quoted the ......ion is set aside. Accordingly, this petition is disposed of with the above observations. Ed. This Case is also Reported in: 8 LG (AD) (2011) 153, 16 MLR (AD) (2011) 297, VIII ADC (2011) 691. ..Category: Anti-Corruption Laws | Date: | Hits: 214
.... of the Code of Civil Procedure before this Court and obtained the present Rule.
8. Mr. Muhammad Ohiullah, the learned Advocate appearing on behalf of the petitioners submits that the Courts below completely misread and non-considered the fact that the shortage, if any, has to be calculated on th......Case is also Reported in: 16 BLC (2011) 909. ......strict Judge, Chittagong, decreeing the suit of the plaintiff in Money Suit No. 968 of 1984 should not be set aside and/or pass such other or further order or orders as to this Court may seem fit and proper.
2. The present opposite parties as plaintiff filed a Money suit against the present petit......ted earlier by this Court stands vacated.
Send down the lower Court records and a copy of the judgment and order to the Court concerned.
Ed.
This Case is also Reported in: 16 BLC (2011) 909. ..
Category: Admiralty Law or Maritime Law | Date: | Hits: 307
Mohammad Ismail Hossain @ Kana Ismail Vs. The State, 2011, 40 CLC (AD)
....to G.R. No.158 of 1987. Let the convict appellant to be released from custody if not already been released or wanted in any other case. Ed. This Case is also Reported in: 19 BLT (AD) (2011)187. ...... Advocate-on-Record-For the Appellant. None represented- the Respondent. Criminal Appeal No.11 of 2006. Judgment Md. Shamsul Huda J.- This criminal appeal is directed against the judgment and order dated 14.1.2004 passed by the High Court Division in Criminal Appeal No. 2114 of 1998 dism......ned none in this case. 5. The defence plea is that the accused is innocent and has been falsely implicated in this case and no arms was recovered from his possession. 6. The trial Court without proper appreciation of the evidence on record and misconception of the relevant law convicted the ac......to G.R. No.158 of 1987. Let the convict appellant to be released from custody if not already been released or wanted in any other case. Ed. This Case is also Reported in: 19 BLT (AD) (2011)187. ..Category: Criminal Law | Date: | Hits: 76
....ain status quo for a period of 4(four) months and subsequently it was extended till disposal of the Rule by the order dated 15.5.2004, which was duly served upon the respondents by Agrani Bank but in complete disregard and disrespect to the said order Agrani Bank published auction notice dated 2.3.2......
Md. Tafazzul Islam J
Md. Joynul Abedin J
Md. Abdul Matin J
Qamruzzaman Shah……………………………………..Petitioner
Vs.
Government of the People's Republic of Bangladesh and another…………..Respondents
Judgment
October 20, 2008.
Lawyers Involved:
T.H. K......ondents by Agrani Bank but in complete disregard and disrespect to the said order Agrani Bank published auction notice dated 2.3.2007 in the Daily Ajker Kagoj for auction of the petitioners mortgaged properties whereupon the petitioner filed Writ Petition No.2431 of 2007 before the High Court Divisi...... decision and there is no illegality or infirmity in the above decision so as to call for any interference.
The petition is dismissed.
Ed.
This Case is also Reported in: 19 BLT (AD) (2011)163...
Category: Civil Law | Date: | Hits: 77
MA Hashem Vs. Shamsul Kabir Humayun Reza and anothers, 2011, 40 CLC (HCD)
.... duty, registration fee and all other charges and incidental costs and expenses and the execution and registration of the sale deed by the principal defendant No.1 in favour of the plaintiff shall be completed within one year and the balance amount of Tk.1,30,00,000 will be received by the principal......ppellate Jurisdiction) Present: Sharif Uddin Chaklader J Md. Nuruzzaman J MA Hashem.........................................................Appellant Vs. Shamsul Kabir Humayun Reza and anothers.............Respondents Judgment February 10, 2011. Cases Referred to- Ejha......Dhaka and the People's Republic of Bangladesh, represented by the Deputy Commissioner, Dhaka as proforma-defendants. The suit is valued at Tk. 1,65,00,000 and it is stated in the plaint that schedule property was allotted by erstwhile DIT in favour of defendant No.1 vide allotment letter No. DIT/Gul......or or defect in the decisions on merit. Thus, the appeals having no merit, its fail. In the result, all these appeals are dismissed. Ed. This Case is also Reported in: 16 BLC (2011) 830. ..Category: Property Law | Date: | Hits: 100
State Vs. Shahin and others, 2010, 39 CLC (HCD)
....entence. Accused Shahin will get the benefit of section 35A of the Code of Criminal Procedure. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (2011) 772. ......Court High Court Division (Criminal Appellate Jurisdiction) Present: Md. Abu Tariq J M Enayetur Rahim J State.............................................Appellant Vs. Shahin and others..…………………………….Condemned-Prisoners Judgment November 2, 2010. ......8. In his cross-examination he admitted that on the alamat there was no special mark of identification. 59. P.W.21 Shamsul Hoque, who submitted the charge-sheet in his deposition stated that after proper investigation he submitted the charge sheet and seized the various alamats during investigati......entence. Accused Shahin will get the benefit of section 35A of the Code of Criminal Procedure. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (2011) 772. ..Category: Criminal Law | Date: | Hits: 76
Most. Shamsunnahar and Others Vs. Abdul Mannan and Others, 2010, 39 CLC (AD)
....ind no ground to interfere with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 198, 16 MLR (AD) (2011) 374. ......ivil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Most. Shamsunnahar and Others……………………Appellants Vs. Abdul Mannan and Others…………………......r voidable against me plaintiff: (ii) the plaintiff may reasonably apprehend serious injury by the instrument being left outstanding, and (iii) in the circumstances of the case the Court considers it proper to grant relief of preventive justice. Relief as to cancellation of instrument is founded upo......ind no ground to interfere with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 198, 16 MLR (AD) (2011) 374. ..Category: Property Law | Date: | Hits: 49
Shahin Alam Vs. The State, 2010, 39 CLC (HCD)
....ntence. Communicate the judgment and order immediately to the appellant and send down the LCR. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 275; 16 BLC (HCD) (2011) 115. ......s - For the Appellant. Farhad Ahmed, Deputy Attorney General- For the State. Criminal Appeal No. 1078 of 1997 (An appeal under Section 30 of the Special Powers Act, 1974 against the judgment and order of conviction and sentence dated 01.06.1997 passed by the Special Judge, Court No. 3, Jhen......polios officer manufactured the case against the appellant and no arms or ammunition was recovered from him. The seizure list has not been prepared in presence of seizure list witnesses, which is not proper and in compliance of Section 103 of the Code of Criminal Procedure. 10. The deposition of ......ntence. Communicate the judgment and order immediately to the appellant and send down the LCR. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 275; 16 BLC (HCD) (2011) 115. ..Category: Criminal Law | Date: | Hits: 56
Md. Obaidul Kader Vs. The State, 2011, 40 CLC (HCD)
....reby quashed. The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 264.......ssain Humayun, Senior Advocate with Md. Khairul Alam, Advocate - For the petitioner. S. K. Zahid Sarwar, Deputy Attorney General with Md. Aminur Rahman Chowdhury (Tiku), Assistant Attorney General and Monzu Naznin (Rosy), Assistant Attorney General - Opposite Party No.1 (State). Md. Khurshid A...... 2007, now pending in the Court of Special Judge, Court No. 7, Shere-E-Bangla Nagore, Dhaka should not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts leading to the issuance of this rule are that, one Mr. Ashraful Islam, Assis......reby quashed. The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 264...Category: Criminal Law | Date: | Hits: 111
Wahed Ali Vs. Sona Miah, 2009, 38 CLC (HCD)
.... The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 248....... High Court Division (Civil Revisional Jurisdiction) Present: Md. Delwar Hossain J Wahed Ali............................... Petitioner Vs. Sona Mia being dead his heirs Md. Lai Miah and others..........Opposite parties Judgment October 13, 2009. Lawyers Involved: Sarder......ssed by the Senior Assistant Judge, Laksham, Comilla in Miscellaneous Case No.67 of 1983 should not be set aside and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Sona Mia, the predecessor of the opposite party Nos.1(a) to 1(ka) as petitioner filed ...... The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 248...Category: Property Law | Date: | Hits: 91
Hemayetuddin and others Vs. Md. Shahjahan Miah and others, 2009, 38 CLC (HCD)
....Court at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 242.......d. This Case is also Reported in: 16 MLR (HCD) (2011) 242.......pposite party filed Title Suit No. 30 of 2000 in the Court of learned Assistant Judge, Patharghata for declaration of title and for partition. 3. That the suit was filed on the allegation that the property appertaining to Petty Settlement Khatian No. 176 of Mouza Patharghata, Police Station Patha......Court at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 242...Category: Property Law | Date: | Hits: 72
HM Ershad Vs. The State, 1992, 21 CLC (HCD)
....ions of ours will not touch the merit of the case in any manner whatsoever. Let the records of the case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 533. ......site Party Judgment September 23, 1992. Cases Referred to- Saber Ahmed Vs. Manzur Mia ad others, 35 DLR 213; State Vs. Md. Safikul Islam, 40 DLR 310; 17 DLR (SC) 26; Sheikh Mujibur Rahman and another Vs. State, 15 DLR 549; Nazir Hossain Shah Vs. State, 17 DLR (SC) 26; Nazir Hossain Shah ......e as to why the impugned order dated 4.5.92 framing charge against the accused petitioner should not be set aside and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Though in the prayer portion of the application the order framing charges on both the ......ions of ours will not touch the merit of the case in any manner whatsoever. Let the records of the case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 533. ..Category: Criminal Law | Date: | Hits: 286
Mamtajul Karim Vs. Government of Bangladesh and others, 1993, 22 CLC (HCD)
....n in Ward No.3, Musapur Purba Primary School Centre of Musapur Union Parishad immediately after receipt of the order from this Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 530. ......Court High Court Division (Special Original Jurisdiction) Present: Anwarul Haque Chowdhury J KM Hasan J Mamtajul Karim……………Petitioner Vs. Government of Bangladesh and others……………Respondents Judgment June 17, 1993. Case Referred to- Aftaf ...... (Upazila Finance Officer) was directed to hold the enquiry, which was held in due course and a report was submitted (Annexure 'C'). The said report found the allegations to be false and the election properly held. Thereafter at the instance of some interested parties the Election Commission dire......n in Ward No.3, Musapur Purba Primary School Centre of Musapur Union Parishad immediately after receipt of the order from this Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 530. ..Category: Election Law | Date: | Hits: 122
Sher Mohammad and others Vs. Saroda Bala Sen and others, 1993, 22 CLC (HCD)
....out, and that the name of any person who ought to have been joined, whether as plaintiff or defendant and whose presence before the Court may be necessary in order to enable the Court effectually and completely to adjudicate upon and settle all the questions involved in the suit, be added." 11. T......ower Court at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 527.......he learned Advocate for the petitioners, submits that the impugned order was passed on wrong conception of law. By denying to add the petitioners as parties the trial Court has excluded necessary and proper parties from appearing in the suit. In their absence there will be no effective and proper ad......ption of law. By denying to add the petitioners as parties the trial Court has excluded necessary and proper parties from appearing in the suit. In their absence there will be no effective and proper adjudication of all questions involved in the suit. Moreso, when the defendant tenant has denied the..Category: Property Law | Date: | Hits: 50
Rajab alias Rajab Ali and others Vs. State, 2011, 40 CLC (HCD)
....rom his bail bond. Let the lower Court's record along with a copy of this judgment be sent down to the concerned Tribunal at once. Ed. This Case is also Reported in: 19 BLT (HCD) (2011) 492. ......ury J Md. Nazrul Islam Talukder J Rajab alias Rajab Ali…………………………………………Petitioner (In Criminal Miscellaneous Case No.10991 of 2010) Sajal alias Md. Sujan Miah and another…………..Petitioners (In Criminal Miscellaneous Case No.10714 of 2003) Vs. The......fine of Taka 3,000/- each, in default, to suffer rigorous imprisonment for 3 months more each should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Facts relevant for disposal of the Rule may be, briefly, stated as follows: On 04.......rom his bail bond. Let the lower Court's record along with a copy of this judgment be sent down to the concerned Tribunal at once. Ed. This Case is also Reported in: 19 BLT (HCD) (2011) 492. ..Category: Criminal Law | Date: | Hits: 86
Kulsum Banu Bibi and another Vs. Abdul Jobbar Bhuiyan and others, 2009, 38 CLC (AD)
....on. In the premises we do not find any merit in the leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 180. ......e High Division Judgment here. Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Kulsum Banu Bibi and another…………………………………..Petitioners Vs. Abdul Jobbar Bhuiyan and ......dant in the suit land has been admitted by the P.W. Nos.2 and 3 as evidenced from their respective depositions and thus the suit is barred under Section 42 of the Specific Relief Act for want of proper prayer for consequential relief in the suit. On appeal, in Title Appeal No.7 of 2005, the pla......on. In the premises we do not find any merit in the leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 180. ..Category: Property Law | Date: | Hits: 94
Md. Azizul Haque Vs. Adamjee Jute Mills Ltd., 2010, 39 CLC (HCD)
....he plaintiff opposite party's suit is dismissed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 236. ...... Kumar Agarwal, Advocates………..For the Petitioner. Md. Tufailur Rahman with Jamaluddin Ahmed, Advocates……..For the Opposite Party. Civil Revision No. 2342 of 2004 (From the judgment and decree dated 24.4.2004 passed by the District Judge, Narayangonj in Money Appeal No. 2 of 2002.)...... the other hand, Mr. Tufailur Rahman, the learned Advocate appearing for the plaintiff-opposite party supports the impugned judgments of two Courts below which were according to him just, correct and proper. The learned Advocate in the course of his argument after placing the deposition of PWs. and ......he plaintiff opposite party's suit is dismissed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 236. ..Category: Civil Law | Date: | Hits: 97
A Elahee & Co. Vs. MM Aziz and others, 1991, 20 CLC (HCD)
....for Tk. 15,44,254.00 out of which defendant Co. paid in Tk. 2,00,000.00 on 27.1.90, Tk. 1,00,000.00 on 22.2.90 and Tk. 1,00,000.00 on 19.3.90 a total payment of Tk. 4,00,000.00. 'Me carrying work was completed on 1.1.90. The defendant submitted his last and final bill but he did not pay the plaintif......igh Court Division Appellate Jurisdiction (Civil) Present: Anwarul Haque Chowdhury J Kazi Ebadul Hoque J A Elahee & Co……………………….Petitioner Vs. MM Aziz and others...…………..Opposite Parties Judgment February 26, 1991. Cases Referred to-......Judge, however, rejected the application vide his order dated 4.6.90 holding that the defendant had not specified the security he was willing to offer. Another application was filed offering i landed property situated in Chittagong City as a security and prayer was made for release from the attachme......cordance with law. In the facts and circumstances of the case, there will be no order as to costs. Send down the LC records at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 131...Category: Civil Law | Date: | Hits: 104
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