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Pubali Bank Ltd. Vs. Farzana Begum and another, 2009, 38 CLC (HCD)
.... No. 1 for payment of loan money after expiry of the period for repayment. The defendant No. 1 failed to make adjustment of the loan in spite of repeated reminders. As such, the plaintiff-Bank served legal notice on the defendant No. 1 on 8-3-1983, but she failed to respond and did not repay resulti......and realise the same through the process of law. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 49...Category: Civil Law | Date: | Hits: 116
Jaymala Baroy @ Shamsun Naher Vs. Dilip Kumer Baroy, 2009, 38 CLC (HCD)
..... No one appears - For the Opposite Party. Civil Revision No. 4680 of 2005. Judgment SM Ziaul Karim J. - This Rule, at the instance of defendant appellant-petitioner calls in question the legality and propriety of judgment and order dated 23-8-2005 passed by learned Additional District J......st. The order of stay granted earlier by this Court stands vacated. Office is directed to send down the records of this case at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 48...Category: Civil Law | Date: | Hits: 130
Ayub Ali Khan Vs. Md. Abdur Raqib and others, 2009, 38 CLC (HCD)
....t Attorney General - For Opposite Party Nos. 2-3. Civil Revision No. 1029 of 2006 with Civil Rule No. 709 (R) of 2008 (Violation). Judgment SM Ziaul Karim J.- This Rule calls in question the legality and propriety of judgment and order dated 8-3-2006 passed by learned Joint District Judge, ......iscellaneous Appeal No. 74 of 2005 by reversing the judgment and order dated 23-8-2005 passed by learned Assistant Judge, Sadar Court, Rajshahi in Other Class Suit No. 61 of 2004 granting an order of status quo in respect of acting as a Nikah Registrar by defendant No. 3. 2. Short facts leading t..Category: Civil Law | Date: | Hits: 92
Sultana Jute Mills Ltd. and another Vs. Bangladesh Bank and others, 2007, 36 CLC (HCD)
....f the names of the petitioners in the CIB Report of Bangladesh Bank under the Borrower Code No. 4999 as mentioned in Annexure-A should not be declared to have been passed without laurite and is of no legal effect and why the respondents should not be directed to delete the name of the petitioner fro...... is discharged without any order as to cost. The order of stay granted at the time of issuance of Rule on 3-12-2000 is hereby vacated. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 34. ..Category: Civil Law | Date: | Hits: 121
....aim of the claimant for the amount of Taka 4,88,72,217.43 and also allowed the counterclaim of respondent No. 1 for Taka 57,26,92,897.67.
5. Since the instant application was filed challenging the legality and propriety of the Award on the ground of non-compliance as well as violation of the prov......e.
Accordingly, the Award dated 8-4-2006 is hereby set aside.
There will be no order as to costs.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 20; 14 MLR (HCD) (2009) 441.
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Category: Alternative Dispute Resolution | Date: | Hits: 385
State Vs. Anwar Hossain and others, 2008, 37 CLC (HCD)
....al Case No. 34 of 2004 by the judgment and order dated 13-2-2005. In addition to the sentence of death those convicts were also sentenced to pay a fine of Taka 25,000 each. 2. Challenging the legality and propriety of that judgment and order of conviction and sentence condemned prisoner Gob...... sentenced to imprisonment for life. The jail appeals are accordingly, disposed of. Send down the lower Court's records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 1. ..Category: Criminal Law | Date: | Hits: 67
Aroj Ali Sarder Vs. State, 1989, 18 CLC (HCD)
....nt to the south of the home of the informant Ahsan Habib and others caught hold of them and their activities having been anti social and they having not been husband and wife, be tried and be given legal punishment. 8. It is seen that the accused having been taken to the Kalkini Police Station ...... accused acquitted. The fine already paid by the accused petitioners need be refunded to them. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 306...Category: Criminal Law | Date: | Hits: 76
Nur Mohammed alias Bog Master Vs. State, 1988, 17 CLC (HCD)
....medical report nor medical evidence is available to support the allegation of P.W.1 and hence no reliance can be placed on the uncorroborated sole testimony of the victim in the absence of any medico legal evidence. 14. Next, the learned advocate Mr. Akram Hossain Amin has taken us through the ju......tion and sentence passed against the accused-petitioner is set aside. Let the accused-petitioner be discharged from his bail-bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 301. ..Category: Criminal Law | Date: | Hits: 92
....nt is a reputed businessman and is engaged in the business of, amongst others, import and selling of food grains such as rice, wheat etc.
(b) The applicant is aggrieved by and impugns herein the illegal and arbitrary action of the respondents in keeping under lock and key the imported Canadian wh......mtali, Shyampur Dhaka and Rupsha, Khulna owned by writ petitioner No.1-company.
3. The High Court Division issued a Rule Nisi and passed an interim order directing the writ-respondents to maintain status-quo in respect of properties both movable and immovable lying in petitioners’ factory.
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Category: Civil Law | Date: | Hits: 131
Engineer A. B. Siddique Vs. Kazi Akramuddin and others, 2011, 40 CLC (AD)
....000/743/17(5) dated 23.12.2004 (annexures K and L) issued by writ-respondent No. 4 in favour of writ-respondent No. 7 should not be declared to have been made without lawful authority and to be of no legal effect. At the time of issuance of the second Rule, writ-respondent No. 7 was restrained from......ation and he cannot seek equity before any Court of law. Security of Tk.1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Repo..Category: Property Law | Date: | Hits: 79
....le of some of the writ-petitioners to “consolidated pay” without any rhyme or reason. Since their appointments, the petitioners having served long period in the development projects have acquired legal and constitutional rights to be transferred to the revenue budget under the provisions of law ......g been made on proper appreciation of laws and facts do not call for interference.
Accordingly, all the leave-petitions are dismissed.
Ed.
This Case is also Reported in: 9 ADC (2012) 174.
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Category: Others | Date: | Hits: 172
Khairul Bashar (Md.) and 8 others Vs. Collector of Customs and others, 1997, 26 CLC (HCD)
....harging customs duty at the rate of 25% on the basis of SRO dated 24-12-91 which was issued subsequent to the opening of letters of credit on 7-12-91 and 8-12-91 is without lawful authority and of no legal effect. So, we find merit in these two Rules. 10. In Writ Petition No.278 of 1992 Customs a......ty to encash the bank guarantee in full in respect of the discharged Rules and in part in respect of the Rules made absolute in part. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 225. ..Category: Fiscal/Taxation Law | Date: | Hits: 134
Sentu Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....mprisonment for 10 years and to pay fine of Tk. 1000.00 in default to suffer rigorous imprisonment for one month more should not declared to have been passed without any lawful authority and is of no legal effect. 2. It is stated in the petition that the petitioner is a businessman and was tried ......ful authority and is of no legal effect. The petitioner be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 220...Category: Criminal Law | Date: | Hits: 63
Dr. Professor MA Hadi Vs. Bangladesh and others, 1997, 26 CLC (HCD)
....- This Rule Nisi was issued calling upon the respondents to show cause why the impugned order as contained in Annexure-C should not be declared to have been made without lawful authority and is of no legal effect. 2. The facts, as stated in the petition, in short, are that the petitioner is a rep......tes of the Dhaka University Order, 1973. Therefore, his elected post cannot be taken away before the expiry of the period for which he is elected. The petitioner being an elected person has a special status both as a Professor and an elected Dean therefore, Article 52 of the President’s Order 11 o..Category: Employment/Service Law | Date: | Hits: 120
Raquibuddin Ahmed Vs. SAM Iqbal and another, 1997, 26 CLC (HCD)
....the Ministry. 4. Challenging this order of termination dated 31-8-82 the petitioner filed a suit being Title Suit No.697 of 1985 for a declaration that the order of termination dated 31-8-82 was illegal, void and without lawful authority and prayed for re-instatement to the service as Secretary o......cerned Ministry for such a long time. So, we find that he is guilty of gross type of contempt of Court in view of the fact that he is not a layman, rather he is an educated person having the rank and status of Additional Secretary of the Ministry and he ought to have shown respect to the Court immed..Category: Others | Date: | Hits: 142
Bashir Kha Vs. State, 1998, 27 CLC (HCD)
....ack the case to this trial Court for curing the defect in the charge and to deliver fresh judgment. On perusal of the judgments of the Courts below it appears to me that the Courts misappreciated the legal position and, as such, this revision can be disposed of on merit. 7. In this case charge wa......et aside. The petitioner is acquitted of the charge and also discharged from his bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 199...Category: Criminal Law | Date: | Hits: 58
.... 1954 the Railway Authority being the owner of the land held that the Port Authority is the real owner of the property in question and that the respondent Nos. 1 and 2 are trespassers as they have no legal basis for claiming the land in question and that they illegal and unauthorisedly are possessin......d by the Authorised Officer in CR Case No.5 of 1990 is declared to have been made without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 195.
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Category: Property Law | Date: | Hits: 103
....tinuous possession in the said property since then. The further case of the contesting opposite party is that since the price of land has shot up manifold the petitioners filed this case for making illegal gains on false and frivolous allegations. It was further asserted that the petitioners have no......on case fails and the Rule is discharged without any order as to costs.
Send down the LC records, at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 55; 50 DLR (HCD) (1998) 193.
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Category: Property Law | Date: | Hits: 78
Ibrahim Khalil Vs. State, 1998, 27 CLC (HCD)
....to me that a Sessions Judge-in-charge cannot admit an appeal. I have found support to my view in the case of Kamelshwar Singh Vs. Dharmandeo Singh reported in AIR 1957 Patna 375. 3. In view of the legal position explained above, I am of the view that in the instant case, the admission of appeal b......he Sessions Judge for disposal in accordance with law and in the light of observations made above. Send down the lower records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 192...Category: Procedural Law | Date: | Hits: 69
....wing which he has been paying rent to the Government in his own name in respect of the suit property. It was in late 1975 that at the instance of some greedy and unscrupulous persons the defendants illegally tried to treat the suit property as a vested property and threatened to oust him possession ......e Court of Munsif, Savar in Dhaka is hereby decreed. There shall be no order as to costs.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 186...
Category: Property Law | Date: | Hits: 111
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