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Birendra Nath Roy Vs. Rupali Bank Ltd, 2012, 41 CLC (HCD)
.... Rin Adalat concerned is directed to proceed with the Artha Execution Case No.111 of 2005 expeditiously in accordance with law. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 118. ......y on assigning sound reason set-aside the order dated 14-9-2005 passed by the Artha Rin Adalat No.1, Bagerhat. 9. I have heard the learned advocates for both the sides and perused the Revisional application along with the other materials on record including the impugned judgment and order. The ..Category: Civil Law | Date: 21 Nov, 2012 | Hits: 7
Md. Aminullah and others Vs. Serajul Huq and others, 2012, 41 CLC (AD)
....n is set aside and the impugned judgment and order passed by the appellate Court is restored. There is no order as to costs. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 131. ......e aware of the transaction and filed the miscellaneous case for preemption. 3. The pre-emptees contested the case by filing written objection denying all the material statements made in the application for pre-emption. Their case, in short, is that the case pond of R.S. Plot No.3797 compr..Category: Property Law | Date: 21 Nov, 2012 | Hits: 27
Azizur Rahman (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....order as to cost. The order of stay granted earlier by this Court is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 31. ...... the auction. Thereafter, another auction notice under section 33(4) of the Ain was given and auction held on 3-9-2008 being not participated by any bidder. On 12-11-2008 respondent-bank preferred an application praying for issuing warrant of arrest against the petitioner which was allowed by order ..Category: Banking Law | Date: 20 Nov, 2012 | Hits: 8
Khorshed and another Vs. State, 2012, 41 CLC (HCD)
....l statements were not spelt out in detail to them and, as such, they have been gravely prejudiced thereby and given this scenario, an order may be passed for remanding the case to the trial Court for fresh from the stage of examination of the accused under section 342 of the Code of Criminal Procedu......sufficient, but there must be proof of some overt act on the part of each accused done in furtherance of the common intention. ...... (86) Pre-concert or pre-arranged plan essential For the application of section 34, it must be established first that a criminal act has been done by several..Category: Criminal Law | Date: 20 Nov, 2012 | Hits: 8
Amirul Islam (Md.) Vs. Commissioner of Customs and others, 2012, 41 CLC (HCD)
....e Rule is declared to have been passed without lawful authority and is of no legal effect. Communicate at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 77. ......akma, Assistant Attorney-General—For the Respondents Writ Petition No.59 of 2012. Judgment Md. Ashfaqul Islam J. - Let the supplementary-affidavit be formed part of the main application. 2. At the instance of the petitioner, Mohammad Amirul Islam this Nisi was issued c..Category: Fiscal/Taxation Law | Date: 19 Nov, 2012 | Hits: 6
Maleka Khatun Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....ates to the writ petitioner is declared to have been issued without lawful authority and is of no legal effect. Mohammad Bazlur Rahman J.- I agree. Ed. This Case is also Reported in: ......s in Execution Case No.2 of 1995. 4. During pendency of the suit, the plaintiffs tried to dispossess the petitioner’s husband from the land in question, for which he being a defendant filed an application for temporary injunction to restrain them from taking possession of the land and from di..Category: Property Law | Date: 18 Nov, 2012 | Hits: 133
Nahida Sultana Vs. Bazlur Rahman Khan and others, 2012, 41 CLC (HCD)
.... Let a copy of the Judgment along with reconstructed case record by sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 134 ......l- Whether the appellant was prevented by sufficient cause from appearing before the Court- The question of considering the matter of re-admission of an appeal before a Court in deciding an application under Order XLI, rule 19 of the Code of Civil Procedure, depends on Whether ..Category: Civil Law, Procedural Law | Date: 14 Nov, 2012 | Hits: 2
Shamsul Kabir Humayun Reza Vs. Anwarul Hasan and Others, 2012, 41 CLC (AD)
....hy;tain which Shamsul Kabir Humayun Reza was the actual allottee of the suit plot. In the alternative, they have also prayed that the appeals may be sent back to the High Court Division for decision afresh to decide the above points raised by them. The learned Advocates have also made a common submi...... now RAJUK published notice for allotment of plots at Gulshan Model Town for 99 years. Engineer Shamsul Kabir Humayun Reza of Bara Mogbazar applied for allotment of a plot therein and pursuant to his application, he was allotted plot No.34(old), 113(new), Block-C WN(B) Gulshan Model Town, Gulshan (h..Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37
Sk Ahmedullah (Babul) Vs. Al-haj Md. A Rashid, 2012, 41 CLC (HCD)
....ditiously in accordance with law. Send a copy of the judgment and order to the concerned Tribunal immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 399. ......of 2010 and the learned Judge took cognizance against the accused-petitioner under section 138 of the Negotiable Instruments Act, 1881 and fixed a date for hearing on charge on 18-1-11 along with the application for discharge filed by the accused-petitioner. A further prayer was made to get a direct..Category: Others | Date: 11 Nov, 2012 | Hits: 8
Category: Civil Law | Date: 8 Nov, 2012 | Hits: 4
Ali Haider Chowdhury Vs. State and another, 2012, 41 CLC (HCD)
....hever is appropriate in the circumstances of the case. After expiry of the period or filing of the charge-sheet, as the case may be, the accused must appear before the court concerned and obtain fresh bail from the Court on the merit of the case………………&h......ip;………..(39) Surrender before the Process of the Court- The accused-petitioner remained in abscondence. In the absence of surrender before the process of the Court, the application filed under section 561A of the Code of Criminal Procedure by the accused-petitione..Category: Anti-Corruption Laws, Procedural Law | Date: 8 Nov, 2012 | Hits: 7
Advocate Asaduzzaman Siddiqui Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....the case in accordance with law and it shall be at liberty to consider the submission of the learned advocate Mr. Manzill Murshid as discussed above. Ed. This Case is also Reported in: ......this Bar. 2. The petitioner has come up with a case and has sought a direction upon the respondents to ensure Rule of Law and to take necessary steps against the law violators. 3. In this application under Article 102 of the Constitution of the People’s Republic of Bangladesh, a Rule ..Category: Women and Children | Date: 8 Nov, 2012 | Hits: 10
Mosharef Hossain (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....o satisfy the Adalat as early as possible then the executing Court will proceed in accordance with law. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 81 ......gainst the defendant Nos.1-5/7-12 and ex-parte against the rest. The respondent-bank then put the decree into execution in execution Case No.20 of 2010. In that Execution Case the petitioner filed an application on 8-5-2011 (Annexure-D) praying for permission to sell some of the mortgaged properties..Category: Property Law | Date: 7 Nov, 2012 | Hits: 8
Anti Corruption Commission Vs. Md. Obaidul Karim and another, 2012, 41 CLC (AD)
....ment and order dated 25.09.2012 passed by the High Court Division in Criminal Miscellaneous Case No.19433 of 2012 be stayed till disposal of the appeal. Ed. This Case is also Reported in: ......urrendered before the High Court Division with a prayer for anticipatory/pre-arrest bail and obtained an ad-interim anticipatory/pre-arrest bail. Thereafter, the accused respondent No.1 also filed an application under section 561A of the Code of Criminal Procedure being Criminal Miscellaneous Case N..Category: Anti-Corruption Laws | Date: 4 Nov, 2012 | Hits: 611
Khan Matarhar and another Vs. Nirmalendu Mondal and others, 2012, 41 CLC (AD)
....before the appellate court below for getting an opportunity to prove their claim. Hence this leave petition is dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 92. ......below. It appears that the High Court Division, on meticulous examination and consideration of all the facts, circumstances and evidence on record decided both the grounds pressed in the revisional application by making elaborate discussion. The High Court Division found that though the appellate..Category: Property Law | Date: 18 Oct, 2012 | Hits: 4
Abdur Razzaque Chowdhury and others Vs. Artha Rin Adalat and others, 2012, 41 CLC (AD)
.... Writ Petition No.9624 of 2007 was upheld. When the orders challenged in the instant writ petition (Writ Petition No.5889 of 2008) were found legal up to this Division, those could not be challenged afresh on the plea of discovery of “an application dated 05.04.2003 filed by the respondent No....... Suit No.43 of 2003 on payment of court fees. The suit was decreed ex-parte on 10.11.2003. Execution Case No.190 of 2004 was levied by the decree-holder-Bank for realization of decretal amount. On an application filed by judgment-debtor No.2 on 16.02.2006 under section 49(1) of the Artha Rin Adalat ..Category: Civil Law | Date: 18 Oct, 2012 | Hits: 159
Mayor, Dhaka City Corporation Vs. Dhaka Metropolitan Rickshaw Samity, 2012, 41 CLC (HCD)
....ion North and South and (5) the Inspector General of Police immediately on their appropriate addresses. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 518. ...... to this court may seem fit and proper. 2. The Rule is directed against the order No. 8 dated 30-1-2000 passed by the Assistant Judge, 4th Court, Dhaka in Title Suit No. 321 of 1999 rejecting an application under Order VII, rule 11 of the Code of Civil Procedure for rejection of plaint. 3...Category: Administrative Law, Civil Law | Date: 17 Oct, 2012 | Hits: 3
Ibrahim (Md.) Vs. Government of the Peoples Republic of Bangladesh & others, 2012, 41 CLC (HCD)
....findings, we do not find any excellence in this Rule. In the result, the Rule is discharged. There is no order as to cost. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 415. ......torney-General-For the Respondent Nos.1-3. Writ Petition No.2640 of 2011. Judgment Md. Ashraful Kamal J. - This Rule Nisi was issued at the instance of the petitioner Md. Ibrahim on an application under Article 102(1) & (2) of the Constitution of the People's Republic of Bangl..Category: Admiralty Law or Maritime Law | Date: 16 Oct, 2012 | Hits: 9
Dr. Khandaker Mosharraf Hossain Vs. State, 2012, 41 CLC (HCD)
.... with law. Let the lower Court's record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 1. ...... Resources and Home Affairs during 1991-1996. He was also the Cabinet Minister of Health and Family Welfare during the preceding Four-Party-Alliance Government. It is categorically stated in the application that the accused-petitioner was arrested on 07-3-2007 by the law enforcing agencies unde..Category: Anti-Corruption Laws | Date: 16 Oct, 2012 | Hits: 20
Grameen Solutions Ltd. Vs. Registrar, Joint Stock Com¬panies and Firms, 2012, 41 CLC (HCD)
.... after its name dispensed with. But this order shall not absolve the company of its liability, if any, with anybody. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 186 ......ry with Sajeda Farisa Kabir, Advocates—For the Petitioner. No one appears—For the Respondent. Company Matter No. 107 of 2012. Judgment Md. Rezaul Hasan J. - This is an application filed under section 59 (which shall in fact be the section 60) of the Companies Act, 199..Category: Company Law, Corporate Law | Date: 15 Oct, 2012 | Hits: 11