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Sonali Bank Limited and Others Vs. Prime Global Limited and Others, 2011, 40 CLC (AD)

....from the date of receipt of this order in accor­dance with law. Ed. This Order is also Reported in: 63 DLR (AD) (2011) 99, 31 BLD (AD) (2011) 49, 16 MLR (AD) (2011) 151, 8 LG (AD) (2011) 119. ......s appearing from earlier writ petitions, one filed by the respondent No.1 and another filed by the petitioner which was ultimately with­drawn. 3. It appears that the petitioner-defendant filed an application under section 19(2) read with section 57 of Artha Rin Adalat Ain, 2003 before the Artha ..

Category: Civil Law | Date: | Hits: 102

Kabir Ahmed Sawdagar Vs. Md. Syed Saifuddin Jaheed and others, 2006, 35 CLC (HCD)

....aside and the original suit being Miscellaneous Appeal No. 76 of 1992 be restored to its original file and number. Ed. This Case is also Reported in: 58 DLR (2006) 277, 26 BLD (HCD) (2006) 388. ......ng the appeal and affirming the judgment and order No. 111 dated 18-1-1998; passed by the learned Subordinate Judge, First Court, Sadar, Chittagong in Miscellaneous Case no 230 of 1994 rejecting the application under Order IX, rule 13 of the Code of Civil Procedure. 2. The opposite party No.1 Sy..

Category: Property Law | Date: | Hits: 115

Kazi Rashed Akhter Shahid (Prince) Vs. Rokshana Choudhury (Sanda), 2006, 35 CLC (HCD)

....of stay granted at the time of issuance of the Rule is hereby recalled and vacated. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 271, 26 BLD (HCD) (2006) 613. ......Involved: HM Borhan, Advocate—For the Petitioner. Abul Quashem, Advocate—For the Opposite Party. Civil Revision No. 1693 of 2004. Judgment Siddiqur Rahman Miah J. - This revisional application under section 115(1) of the Code of Civil Procedure at the instance of defendant appella..

Category: Family Law | Date: | Hits: 184

MA Salam Vs. Additional District Judge & Dewlia Adalat, Chittagong and another, 2005, 34 CLC (HCD)

....nal District Judge and Bankruptcy Court, Chittagong in Bankruptcy Case No. 6 of 2000 is declared to have been passed with lawful authority. Ed. This Case is also Reported in: 58 DLR (2006) 258. ......laintiffs money nor provided the security against the payment. The cause of action of the suit arose at the office of the plaintiff-respondent at Strand Road, Chittagong firstly, on 8-4-1995 when the application was filed in the office of plaintiff-Bank for opening loan sanction account and then on ..

Category: Civil Law | Date: | Hits: 131

Md. Lokman @ Lokman Vs. State, 2010, 39 CLC (AD)

....Rule requiring no inter­ference by this Court. Accordingly, the leave petition is dismissed. This Case is also Reported in: 63 DLR (AD) (2011) 156, 8 LG (AD) (2011) 81, 31 BLD (AD) (2011) 60. ......ereafter the case was transferred to the Druta Bichar Tribunal No.1, Dhaka and the learned Judge, Druta Bichar Tribunal No.1, Dhaka issued summons to the accused persons by order dated 10-07-2007. An application under sec­tion 265C, Cr.P.C was filed by the accused-petitioner before the Tribunal see..

Category: Criminal Law | Date: | Hits: 73

Dhaka Leather Complex Ltd. Vs. Sikder Construction Ltd. and another, 2009, 38 CLC (AD)

....ost. The impugned judgment and order dated 18-08-2003 passed by the High Court Division in First Appeal No. 255 of 2002 is hereby affirmed. Ed. This Case is also Reported in: 8 LG (AD) (2011) 75.......f 1997 contested the case by filing written objection on 11-08-1998 and prayed for mak­ing the award Rule of the Court under Section 17 of the Arbitration Act, 1940. The defendant-Appellant filed an application to withdraw the said case on 04-05-1999. The plaintiff-respon­dent having failed to get..

Category: Alternative Dispute Resolution | Date: | Hits: 187

Abdur Razzaque Zoarder and others Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)

....lopment Board (Employees) Service Rules, 1982 (hereinafter referred to as the Rule) as distinct from that of the respondent Nos. 6 to 13 who have been appointed to the post of Assistant Engineer by a fresh order of appointment dated 5-3-2000 (Annexure-C) and accordingly, their seniority in the post ......e actual date of joining in service. This Clause, which appears to this Court to be clearly derived from Rule 16 as quoted above, deals with first time appointees and appears to be prospective in its application in determining seniority. As perusal of the Impugned Order in Annexure-D) makes it evide..

Category: Employment/Service Law | Date: | Hits: 79

Abdul Mannaf (Md.) Vs. Md. Sohrab Ali Akand & others, 2005, 34 CLC (HCD)

....th the impugned judgment and order. Accordingly, the Rule is discharged without any order as to costs. Send down the LC Records at once. Ed. This Case is also Reported in: 58 DLR (2006) 242. ......volved: Not represented — the Petitioner. Md. Abdul Haque, Advocate—For the Opposite Party No. 1. Civil Revision No. 1260 of 2003. Judgment Afzal Hossain Ahmed J. - This revisional application is directed against the judgment and order dated 1-2-2003 passed by the learned Joint Di..

Category: Property Law | Date: | Hits: 91

Alimuddin and others Vs. Abdul Kabir and others, 2003, 32 CLC (HCD)

.... with the appeal in accordance of law. Send down a copy of this judgment to the learned Joint District Judge, Kishoreganj for compliance. Ed. This Case is also Reported in: 58 DLR (2006) 240.......rt of Joint District Judge, Kishoreganj for trial. 5. During the pendency of the other Class Appeal No. 372 of 1993 before the Joint District Judge, Kishoreganj, the plaintiff-petitioners filed an application on 24-6-2002 seeking amendment of their plaint under Order VI, rule 17 of the Code of Ci..

Category: Procedural Law | Date: | Hits: 93

Executive Engineer, Sylhet Public Works Department Vs. Md. Asob Ali, 2005, 34 CLC (HCD)

....de Memo No. 4146 dated 16-9-2003 informed the plaintiff that the value of the goods quoted by him was found unsatisfactory and, as such, the authorities did not accept his quotation and proceeded for fresh auction in public interest; at this the plaintiff suffered loss of business as he could not in......General—For the Petitioner. AKM Mainuddin with Nurul Huda Ansary, Advocate—For the Opposite Party. Civil Revision No. 300 of 2005. Judgment Faisal Mahmud Faizee J.- This Rule, upon an application under section 115 of the Code of Civil Procedure, was directed against the judgment and ..

Category: Business or Commercial Law | Date: | Hits: 209

Shomurunessa and others Vs. Md. Musa Miah and others, 2005, 34 CLC (HCD)

....ce on the part of the petitioner. I do not find any substance in the Rule. In the result, the Rule is discharged without order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 228. ......e No. 510(Con) of 2001. Judgment Salma Masud Chowdhury J. - This Rule was issued calling upon the opposite party Nos. 1-6 to show cause as to why the delay of 309 days in filing this revisional application should not be condoned and/or pass such other or further order or orders as to this Cour..

Category: Procedural Law | Date: | Hits: 96

Golap Vs. Md. Abdul Hakim & others, 2002, 31 CLC (HCD)

....al Court is directed to proceed with the suit and the suit as against the deceased defendant No. 3 Rasullah alias Abdur Rashid stands abated. Ed. This Case is also Reported in: 58 DLR (2006) 227.......not take any step within the specified period of 90 days to substitute the heirs of deceased defendant No. 3 (Rasullah alias Abdur Rashid) as defendants in the suit. Thereafter the defendant filed an application on 29-3-97 stating that the defendant No. 3 Rasullah alias Abdur Rashid died on 4th Marc..

Category: Procedural Law | Date: | Hits: 106

Tahera Begum and others Vs. Mizanur Rahman (Md.) and others, 2004, 33 CLC (HCD)

.... in Title Suit No. 12 of 2002 staying all further proceedings of Title Execution Case No. 1 of 2002 is hereby set aside. Communicate at once. Ed. This Case is also Reported in: 58 DLR (2006) 224.......s Mojibur Rahman, Advocate—For the Opposite Parties. Civil Revision No. 5242 of 2002. Judgment Md. Abdur Rashid J. - Defendant Nos. 1 to 4 and 6 obtained the Rule upon making a revision application under section 115 of the Code of Civil Procedure against an order dated 27-7-2002 passed..

Category: Property Law | Date: | Hits: 72

Rafique Ullah (Md) Vs. Badsha Alam and others, 2005, 34 CLC (HCD)

....e-emption is maintained. The order of stay earlier granted by this Court stands vacated. Send down the lower Court's records at once. Ed. This Case is also Reported in: 58 DLR (2006) 221. ......said transfer and prayed for pre-emption to the case land. 3. The pre-emptee-opposite parties contested the case by filing written objection denying all the material allegations of the pre-emption application and contended, inter alia, that the case is not maintainable in law, inasmuch as the opp..

Category: Property Law | Date: | Hits: 67

Badel Alam Howlader Vs. Falu Dewan and others, 2004, 33 CLC (HCD)

....ly within a period of 3 (three) months from the date of receipt of this order. Communicate the order and send down the lower Court records. Ed. This Case is also Reported in: 58 DLR (2006) 218. ...... a right is created in favour of the lessee which cannot be taken away without issuance of any show cause notice. The facts of the case referred to above is quite distinguishable and has no manner of application in the instant case. Lastly, Mr. Khan submits that in view of the cancellation of the ka..

Category: Property Law | Date: | Hits: 66

AHM Khurshed Ali & others Vs. Md. Hashem Ali and others, 2006, 35 CLC (HCD)

.... so advised. The reference is thus disposed of a copy of this judgment may be sent to the concerned Ministries. Ed. This Case is also Reported in: 58 DLR (2006) 211, 26 BLD (HCD) (2006) 114. ......tagong was initially heard by a Division Bench comprising Mr. Justice ABM Khairul Haque and Mr. Justice ATM Fazle Kabir and a preliminary question of law arose as to the maintainability of revisional application before the District Judge against an order passed by the Subordinate Judge in a suit the..

Category: Procedural Law | Date: | Hits: 90

Afil Jute Mills (Pvt) Ltd. and others Vs. Bangladesh, 2006, 35 CLC (HCD)

.... Rule and it must fail. In the result, the Rule is discharged for the above reasons without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 207, 26 BLD (HCD) (2006) 361. ......87.12 against the petitioners should not be declared to have been made and issued without any lawful authority and of no legal effect. 2. Subsequently, when the matter was taken up for hearing, an application for supplementary Rule was filed on behalf of the petitioners seeking to impugn sections..

Category: Civil Law | Date: | Hits: 125

Ali Akbar (Md.) Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

....dingly, the Rule is discharged without any order as to costs. The order of stay granted by this Court earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 201....... Baset Majumder, Advocate—For the Petitioner. M Zahir with Subrata Chowdhury, Advocates —For Respondent No. 5. Writ Petition No. 1259 of 2005. Judgment Syed Mahmud Hossain J.- In this application under Article 102 of the Constitution, a Rule Nisi was issued calling upon the responden..

Category: Election Law | Date: | Hits: 83

Ziaul Hoque Chowdhury (Md.) Vs. State and another, 2005, 34 CLC (HCD)

.... injury and over the said incident a first information report was lodged. The police after investigation submitted a final report in favour of the accused. The Magistrate accepted the final report. A fresh complaint was filed making similar allegation. The Magistrate after holding an inquiry took co......exed the statements of all the witnesses recorded under section 161 Cr.P.C. along with the first information report, the police report, the record of the case at this late stage is not necessary; the application for calling for the record is accordingly rejected. 2. Facts relevant for the disposa..

Category: Criminal Law | Date: | Hits: 49

HRC Shipping Ltd. Vs. MV X-Press Manaslu, MV X-Press Resolve & others, 2006, 35 CLC (HCD)

.... The defendant No. 1 is directed to bear all expenses of the Marshal and his team in connection with the release of the vessel. Ed. This Case is also Reported in: 58 DLR (2006) 185; 12 MLR 265. ......Defendant No.1, 2 and 15. Rafique-ul-Huq, Senior Advocate with SK Siddique and Ahsanul Karim, Advocates—For the Plaintiff. Admiralty Suit No. 27 of 2005. Judgment Shamim Hasnain J.-This application has been filed on behalf of thedefendant No. 1, 2 and 15 for vacating the order forarres..

Category: Admiralty Law or Maritime Law | Date: | Hits: 314