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Marzan Abedin Vs. Judge, Artha Rin Adalat No. 4 Dhaka and others, 2012, 41 CLC (HCD)
....ication under section 34(1) of the Ain, if so advised, in this regard. Communicate this order to the Court concern at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 79. ......ication under section 34(1) of the Ain, if so advised, in this regard. Communicate this order to the Court concern at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 79. ......Rin Case No.115 of 2005 in the Court of the 4thy Artha Rin Judge, Dhaka which was decreed on 30-11-2005. The respondent No. 2 filed Artha Execution case No. 790 of 2005 for recovery of decreetal amount. By the impugned order No. 7 dated 27-7-2006 the respondent No. 2, Bank made an application f..Category: Banking Law, Corporate Law | Date: 15 May, 2012 | Hits: 4
Advocate Murshedur Rahman Chowdhury Vs. Bangadesh and others, 2012, 41 CLC (HCD)
....an application which does not call for issuance of rule and do reject the application summarily. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 63 & 69 ...... ("ICT Act, 1973") was enacted making provisions for the trial and punishment of persons accused of committing war crimes or crimes against humanity etc. 9. It is well established principle of law and interpretation that the preamble of an Act discloses the intention of the ......an application which does not call for issuance of rule and do reject the application summarily. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 63 & 69 ..Category: Constitutional Law, International Crimes Tribunal Law | Date: 13 May, 2012 | Hits: 6
.... as to costs.
Send down the LCRs along with a copy of the judgment to the Court below immediately.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 194.
...... as to costs.
Send down the LCRs along with a copy of the judgment to the Court below immediately.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 194.
......, 11, 50,000 (BD) to the Party within 30 days from date of the Award;
d) All other conditions remain.
2. The 1st party shall be paid an interest at the rate of 9% per annum on the aforesaid amount from 14-8-2008 (date of cause of action) (vide PB Part-1, page 91 Exhibit-38) till the date o..
Category: Arbitration Law | Date: 10 May, 2012 | Hits: 16
Abdun Noor and others Vs. Aziruddin and others, 2012, 41 CLC (AD)
....he appeal is allowed in part and the suit is decreed in respect of 1.11 acres of land in SS plot No. 3433 out of the suit land. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 127. ......e refused to rely on the kabalas of Rashid Ali for the purpose of devolution of title to him from Ranjit and his brother on the ground of Rashid Ali's failure to produce rent receipt ignoring the principle of law that non-payment of rent does not affect the title accrued through lawful transfer ......he appeal is allowed in part and the suit is decreed in respect of 1.11 acres of land in SS plot No. 3433 out of the suit land. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 127. ..Category: Property Law | Date: 8 May, 2012 | Hits: 112
Dr. Moos Bin Shamsher Vs. Ayub Ali and others, 2012, 41 CLC (HCD)
.... 2009 is accordingly discharged. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 99. ......Respondents Judgment May 7, 2012. Result: The appeal is dismissed. Whether Tenant Can Restrain Landlord Permanently from Evicting by Challenging the Title- It is settled principle of law that tenant can file suit but that he can done after surrendering the suit premises......his defendant appellant at no point of time paid the rent as per terms of agreement and out of rent of Taka 45,000 sometimes paid rent, at Taka 500, sometimes 2,000, 5,000 and 10,000 as a result huge amount of money as rent was fallen due. Plaintiffs on 1-9-2002 served legal notice upon defendant un..Category: Contract Law, Tenancy Law | Date: 7 May, 2012 | Hits: 7
Professor Muhammad Yunus and another Vs. Bangladesh, 2012, 41 CLC (AD)
....ve observations. The parties would bear their respective costs. Ed. This Case is also Reported in: VIII ADC (2011) 834, 17 MLR (AD) (2012) 121, 64 DLR (AD) (2012) 152 ......unus, that the Bangladesh Bank has not been invested with any authority to pass any order relieving the Managing Director of the Grameen Bank from service and that the removal was in violation of the principle of natural justice. 9 (nine) Directors of Grameen Bank, the petitioners in Civil Peti......the circumstances is contrary to established norms of constitutional jurisprudence; and f) the mode of exercise of judicial power by the High Court Division is manifestly erroneous and amounts to a denial of access to justice to the petitioner. 10. In support of his contention, t..Category: Banking Law | Date: 5 May, 2012 | Hits: 220
Govt. of Bangladesh and others Vs. Md. Nurul Alam, 2012, 41 CLC (AD)
....ng afresh and to dispose of the same on merit in the light of the observations made and the findings given hereinbefore. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 97. ......ng afresh and to dispose of the same on merit in the light of the observations made and the findings given hereinbefore. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 97. ......he language of sub-rule (7) of rule 6 of the Rules, 1982, prescribing a period for filing an application for restoration of a case or appeal either within 30(thirty) days or 90 (ninety) days would amount to amending sub-rule (7) of the Rules, 1982 which is the domain of the Government. It also a..Category: Administrative Law | Date: 29 Apr, 2012 | Hits: 12
Sarwar Kamal Vs. State, 2012, 31 CLC (HCD)
....stry of Home Affairs and Secretary Ministry of Law Justice and ParliamenÂtary Affairs for their appraisal and future guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 329. ......ise the power under section 401 of the Code of Criminal Procedure. But the action of the President or the Government, as the case may be, must be based on some rational, reasonable, fair and relevant principle which is non discriminatory and it must not be guided by any extraneous or irrelevant conÂ......stry of Home Affairs and Secretary Ministry of Law Justice and ParliamenÂtary Affairs for their appraisal and future guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 329. ..Category: Criminal Law | Date: 25 Apr, 2012 | Hits: 98
Md. Salim Hossain and other Vs. Artha Rin Adalat, Munshigonj and other, 2012, 41 CLC (AD)
....e in both the Civil Petitions for Leave to Appeal. Accordingly, both the Civil Petitions for Leave to Appeal are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 154. ......e in both the Civil Petitions for Leave to Appeal. Accordingly, both the Civil Petitions for Leave to Appeal are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 154. ......ra Bank Limited, Munshigonj Branch, Munshigonj, as the plaintiff, instituted Artha Rin Suit No.05 of 1997 in the First Court of Subordinate Judge and Artha Rin Adalat, Munshigonj for recovery of loan amounting to Tk. 5,20,932 impleading M/s. Nasima Enterprise and others as the defendants of the suit..Category: Civil Law | Date: 19 Apr, 2012 | Hits: 151
Government of Bangladesh and othÂers Vs. Md. Badal and another, 2012, 41 CLC (AD)
....e above, we find merits in the appeals. Accordingly, the appeals are allowed. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 246. ......e above, we find merits in the appeals. Accordingly, the appeals are allowed. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 246. ......ms who was on duty at the relevant time demanded excess money over and above the legal customs duty from the petitioners and said Abul Hossain and she refused to assess the customs duty unless the amount demanded by her was paid. As the petitioners and Abul Hossain protested the illegal and mala..Category: Criminal Law | Date: 17 Apr, 2012 | Hits: 20
Most. Umme Shaheda Akhter Rina & othersVs. Ayub Ali and others, 2012, 41 CLC (AD)
....on from selling any portion of the suit land without prior permission of the trial Court, if so advised. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 94; 17 MLR (AD) (2012) 235. ......iver is not appointed in a suit for partition and that existence of dispute cannot be a ground for appointing a receiver and that the High Court Division without taking into consideration those broad principles set aside the judgment delivered by the appellate Court restoring the order passed by the......on from selling any portion of the suit land without prior permission of the trial Court, if so advised. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 94; 17 MLR (AD) (2012) 235. ..Category: Civil Law | Date: 16 Apr, 2012 | Hits: 92
Md. Ismail and another Vs. Abul Kashem and others, 2012, 41 CLC (AD)
....eposited within 1 (one) month. The petitioners are permitted to preÂpare the paper book out of Court in accorÂdance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 570. ......eposited within 1 (one) month. The petitioners are permitted to preÂpare the paper book out of Court in accorÂdance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 570. ......ers of contiguous land. That knowing about that transfer of the case land the pre-emptor-petitioners filed the pre-emption case within the statutory periÂod of limitation on depositing the requisite amount. 4. The pre-emptee-respondent Nos.2 to 5 appeared in that miscellaneous case and filed w..Category: Property Law | Date: 15 Apr, 2012 | Hits: 149
Commissioner of Customs Vs. Faridul Alam, 2012, 41 CLC (AD)
..... Accordingly, the appeal is allowed. The impugned judgment and order is set-aside. There will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 133. ......g misdeclaration of the imported goods by the petitioner, they assessed the goods and after assessment issued assessment notice, delivery order as per normal practice. The assessing officer and the principle appraiser put a remark and affixed a seal on the body of the assessment notice as under: ......e the goods physically following the procedure laid down in bidhi 21 and before such physical examination, they should not have assessed the goods and then allowed the importer to pay the assessed amount. We find no legal basis for assessment of the imported goods subject to physical examination..Category: Fiscal/Taxation Law | Date: 11 Apr, 2012 | Hits: 9
Government of Bangladesh and others Vs. Jamaluddin and another, 2012, 41 CLC (AD)
....e published on 4-2-2010. In the circumstances all these three Civil Petitions for leave to appeal are dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 135 ......ed upon these educational institutions assigning any reason whatsoever for excluding the name of these educational institutions from the list of MPO. The High Court Division rightly observed that the principle of natural justice was violated in excluding these educational institutions from the list ......e published on 4-2-2010. In the circumstances all these three Civil Petitions for leave to appeal are dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 135 ..Category: Constitutional Law | Date: 10 Apr, 2012 | Hits: 13
Majad Hossain and another Vs. State, 2012, 41 CLC (AD)
....tioned to him. At the time of payment of the loan amount, 6(six) post-dated cheques were issued by the accused-petitioner in favour of the complainant-company as security to ensure payment of monthly installments. Subsequently, for non-payment of dues, when the cheques were presented to the Bank for......modifications of the ordering portion of the judgments of the High Court Division, both petitions are dismissed. Ed. This Case is also Reported in: 32 BLD (AD (2012) 214; 17 BLC (AD) (2012)177. ......@ Box. The accused-petitioner submitted an application to the complainant-company for short term loan facility and a loan of TK. 15,00,000.00 was sanctioned to him. At the time of payment of the loan amount, 6(six) post-dated cheques were issued by the accused-petitioner in favour of the complainant..Category: Banking Law | Date: 8 Apr, 2012 | Hits: 618
ABC Attire Ltd. Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... The order of stay granted earlier by the Court stands vacated. Communicate the Judgment to respondent No.10 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 399. ......Writ Petition No.7300 of 2003) held as under:- "From the discussions made in the forgoÂing paragraphs and the decisions referred to as above, it is clear that by now it is a well estabÂlished principle of law that policy guideline, recommendations, etc. not being law cannot be enforced throu...... the Company for rehabilitation. MeanÂwhile, the Bank on 21-3-2001 instituted Title Suit No.69 of 2001 before the Artha Rin Adalat No.1, Dhaka (hereinafter stated as the Adalat) for recovery of loan amounting to Tk. 4,59,97,042 as stood on 31-1-2000 and interest therein till realization impleading ..Category: Civil Law | Date: 4 Apr, 2012 | Hits: 45
Shyzuddin and others Vs. Md. Babul Gorapi and another, 2012, 41 CLC (HCD)
.... Rule is discharged. The stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Soumendra Sarker J.- I agree. Ed. This Case is also Reported in: ......y industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye; but does not include any mode or principle of construction or anything which is in substance a mere mechanical device, and does not i...... Rule is discharged. The stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Soumendra Sarker J.- I agree. Ed. This Case is also Reported in: ..Category: Intellectual Property Law | Date: 2 Apr, 2012 | Hits: 218
Anti-Corruption CommiÂssion Vs. Unipay 2U Bangladesh Ltd., 2010, 39 CLC (HCD)
....48(1)2011 is hereby quashed. The trial Court is directed to proceed with the said case immediately in accordance with law. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 444. ......48(1)2011 is hereby quashed. The trial Court is directed to proceed with the said case immediately in accordance with law. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 444. ......of the opposite party No.1 the Hon'ble Judge in chamber of the Appellate Division in connection with Criminal Leave to Appeal No.140 of 2010 permitted the opposite party No.1 to withdraw up to an amount of Taka 3 (three) crore per month from account No.1401150-59001 of City Bank Ltd. for payment..Category: Anti-Corruption Laws | Date: 22 Mar, 2012 | Hits: 138
....39;s records along with a copy of this judgment at once.
Nozrul Islam Chowdhury J. - I agree.
Ed.
This Case is also Reported in: 18 MLR (HCD) (2013) 289, 19 BLC (HCD) (2014) 18.
......haka and other …................Defendant-Respondents
Judgment
March 19, 2012.
Result:
The appeal is allowed.
Following the circumstances of the case, according to the principle of law as laid down, the nature of the dispute is entirely a civil dispute and it can only......r intension to sell their 600 shares at a price of Taka 1, 20,00000/- only and the plaintiff agreed to purchase their shares and accordingly a deed of agreement was executed and the plaintiff paid an amount of Taka 42, 00000/- only lacs to the defendants Nos.2-6. Thereafter, the defendant Nos. 3-5 s..
Category: Company Law | Date: 19 Mar, 2012 | Hits: 689
Luthfor Rahman (Md.) Vs. Bangladesh & others, 2012, 41 CLC (HCD)
....s set-aside. Title Suit No.5 of 2006 is decreed. 21. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 124. ......ousted from the said property without brining a suit for partition in a civil court according to law." "The said view of the Dacca High Court is in consonance with the well-established principle that if a co-sharer was in occupation of a common land without objection from his sharer a......s set-aside. Title Suit No.5 of 2006 is decreed. 21. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 124. ..Category: Others | Date: 18 Mar, 2012 | Hits: 5
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