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Abul Kashem (Md.) Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)

....order as to cost. The order impugned against is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 67. ...... Bureau which after enquiry was found to be baseless and the Anti-Corruption Bureau by it’s Memo No.1/DAR/90-Natore/695 dated 10-01-1994 rejected the complaint. 4. During the period of Non-party care­taker government in 2007 (after 1/11 of 2007) the petitioner had been a subject of ha..

Category: Anti-Corruption Laws | Date: 5 Oct, 2010 | Hits: 182

Abdur Rashid Gazi Vs. Nur Ali Gazi and others, 2010, 39 CLC (HCD)

....e in the plaint contending that the suit was not maintainable, barred by limitation, barred by section 42 of the Specific Relief Act, barred by estoppel, barred by waiver and acquiescence, bad for defect of parties and that the suit was not properly valued and stamped. The case of the defendant ......Chandra Dey,51 DLR (AD) 81 = 21 BLD (AD) 99; 34 DLR (AD) 61. Lawyers Involved: Harendra Nath Nondy, Advocate - For the Petitioner. Bivash Chandra Biswas, Advocate - For the Opposite party Nos.1(a)-1(1). Civil Revision No.2557 of 2004. Judgment Md. Delwar Hossain J...

Category: Procedural Law | Date: 10 Aug, 2010 | Hits: 4

Ferdous Khan @ Alamgir Vs. Islami Bank Bangladesh Ltd. and another, 2010, 39 CLC (HCD)

....rials on record, submits that the accused being the Managing Director can not avoid his lia­bility to pay the amount due under this dishonored cheques. He further submits that it is a simple case of defect of parties and this defect can be cured by adding the company as party at a subsequent stage....... Md. Rezaul Hasan J Ferdous Khan @ Alamgir………………………......................Petitioner Vs. Islami Bank Bangladesh Ltd. and another………………………Opposite party Judgment August 1, 2010. Result: The Rule is made absolute. Case Ref..

Category: Banking Law | Date: 1 Aug, 2010 | Hits: 657

Md. Zahirul Islam Vs. Adamjee Jute Mills Ltd., 2010, 39 CLC (HCD)

....ntiff 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: 30 BLD (HCD) (2010) 420. ......s demand.............(17) Case Referred to- 7 MLR 13. Lawyers Involved: A.K.M. Shafiuddin, Advocate - For the petitioner.  Jamaluddin Ahmed, Advocate - For the opposite party.  Civil Revision No.2293 of 2004. Judgment Sheikh Abdul Awal J.- By this R..

Category: Limitation Law | Date: 20 Jul, 2010 | Hits: 38

S.M. Saiful Hasan Vs. Director General, Bangladesh Sugarcane Research Institute and others, 2010, 39 CLC (HCD)

....Board of BSRI which he admitted during the course of departmental proceeding. That the post of Senior Deputy Chief Publication Officer was not in the organogram of the said Institution and the said defect was disclosed by the audit team while conducting audit for the period 1998-2000. Subsequent......here will be no order as to costs. The order of stay granted earlier by this court stands vacated. Zubayer Rahman Chowdhury J. - I agree. Ed. This Case is also Reported in: ..

Category: Employment/Service Law | Date: 18 Jul, 2010 | Hits: 5

Sonali Bank Vs. Sheikh Anis Uddin Ahmed, 2010, 39 CLC (HCD)

....d. Consequently Appeal from Original Decree No.841 of 1991 is dismissed. No costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 188. ......d. Consequently Appeal from Original Decree No.841 of 1991 is dismissed. No costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 188. ..

Category: Civil Law | Date: 15 Jul, 2010 | Hits: 49

Abeda Khatun and others Vs. Md. Idris Mia and others, 2010, 39 CLC (HCD)

....order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 308. ......Vs Md. Mahbubur Rahman Talukder and others, reported in 1 MLR (AD) 286. 5. Mr. Md. Shamsuddin Babul along with Mr. Kanai Lal Shaha, the learned advocates appearing on behalf of the opposite party nos. land 2 in support of impugned Judgment submits that the opposite parties filed applicati..

Category: Procedural Law | Date: 14 Jul, 2010 | Hits: 3

ATM Salim Chowdhury Vs. State, 2010, 39 CLC (HCD)

....anted earlier by this Court shall stand vacated. Communicate the order at once. Salma Masud Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 494. ...... Salma Masud Chowdhury J Md. Rezaul Hasan J ATM Salim Chowdhury...............................Petitioner Vs. The State.................................................Opposite party Judgment July 13, 2010. Cases Referred To- Nizamuddin Mahmood Vs. Abdul Ha..

Category: Banking Law | Date: 13 Jul, 2010 | Hits: 187

AL-Arafah Islami Bank Limited Vs. M/S. Nobel Enterprise, 2010, 39 CLC (HCD)

....on Case No. of 2004 within four months from the date of receipt of this order. Office is directed to send down the record at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 351. ...... Syed Md. Ziaul Karim J Md. Nuruzzaman J AL-Arafah Islami Bank Limited……………………………Petitioner Vs. M/S. Nobel Enterprise………………………………..Opposite party Judgment July 12, 2010. Result: The Rule is discharged. Lawyers Involved: No..

Category: Procedural Law | Date: 12 Jul, 2010 | Hits: 28

Kohinoor Chemical Co. (BD) Limited Vs. Unilever Bangladesh Limited, 2010, 39 CLC (HCD)

.... aforesaid observations Civil Rule No.931 (FM) of 2009 is disposed of. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 60. ......ective product. All these facts clearly indicate that the matter in issue raised by the parties are absolutely the subject matter of evidence. The Court below failed to ascertain such facts of either party. When a particular dispute is in seisin of the Civil Court neither party should be allowed to ..

Category: Intellectual Property Law | Date: 11 Jul, 2010 | Hits: 269

Md. Sahab Uddin Vs. State and another, 2010, 39 CLC (HCD)

....ult, the rule is discharged. The order of stay granted earlier by this Court shall stand vacated. Communicate the order at office. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 467. ......(Criminal) Present: Salma Masud Chowdhury J Md. Rezaul Hasan J Md. Sahab Uddin……………………..Petitioner Vs. The State and another……………………………Opposite party Judgment May 30, 2010. Result: The rule is discharged. The Negotiable Instrume..

Category: Civil Law | Date: 30 May, 2010 | Hits: 43

Abul Hashem Vs. State, 2010, 39 CLC (HCD)

....e set at liberty at once if not wanted in connection with any other case. Send down the LC records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)16.   ......ons and not by the present appellants even the defence had given suggestion that the place of occur­rence is a border area and a smuggling Zone and the deceased was a member of the said smuggling party and for their internal enmity he may be killed by the enmities of him not by the appellants. I..

Category: Evidence Law | Date: 26 May, 2010 | Hits: 8

Roshanally Mohamed Harji and another Vs. AKM Zakir Hossain and another, 2010, 39 CLC (HCD)

....ut any order as to costs. Sent down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 85; 20 BLT (HCD) (2012) 532 . ......I of the Code requires that denial in the written statement must be specific. It is a cardinal principle of law that material facts must be stated by the parties either in offence or in defense. If a party omits to state a material fact in his pleading, he will not be allowed to lead evidence of tha..

Category: Property Law | Date: 12 May, 2010 | Hits: 133

Most. Johura Begum alias Mosammat Johara Begum Vs. Alhaj Abdur Rob Bhuiyan and others, 2010, 39 CLC (HCD)

....ndant Nos.1-3 Md. Nurul Haque Sheikh is added as defendant No.5 in the suit. Let a copy of this Judgment be sent down at once. This Case is also Reported in: 17 MLR (HCD) (2012) 409. ......……..Defendant-opposite parties Judgment May 9, 2010. Result: The Rule is made absolute. The Code of Civil Procedure, 1908 (V of 1908); Order I Rule 10(2) Addition of party In exceptional facts and circumstance, if the presence of a stranger to the co..

Category: Procedural Law | Date: 9 May, 2010 | Hits: 4

Sarwar Hossain Moni Vs. State and another, 2010, 39 CLC (HCD)

....ed to dispose of the case as expeditiously as possible. Let a copy of this order be communicated to the Court concerned immediately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 510.......Rule at the instance of the accused-petitioner Md. Sarwar Hossain Moni was issued on 16-3-2010 upon an application filed under section 561A of the Code of Criminal Procedure calling upon the opposite party No.2 and Deputy Commissioner, Dhaka to show cause as to why the proceeding of Metropolitan Ses..

Category: Banking Law | Date: 6 May, 2010 | Hits: 573

Abdul Qadir and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

....ervation made above. The order of stay granted earlier by this Court stands vacated. Communicate this Judgment at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 473. ......petitioners. Arobinda Kumar Roy, Assistant Attorney-General - For the opposite parties. Civil Revision No.3886 of 2008. Judgment Sheikh Abdul Awal J.- By this Rule the opposite party Nos.1-2 were called upon to show cause as to why the impugned order dated 10.7.2008 passed by..

Category: Procedural Law | Date: 28 Apr, 2010 | Hits: 4

Abu Borhan Khan Khokon Vs. The State & another, 2010, 39 CLC (HCD)

.... The order of stay granted earlier shall stands vacated. Send a copy of this judgment to the Court concerned for compliance. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 300....... of Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan reported in 60 DLR (AD) 195. 19. More so the very correctness of serving legal notice under section 138 (1)(B) of the act by the opposite party No. 2 and receiving so by the drawer of the cheque can only be adjudicated in the trial and as..

Category: Banking Law | Date: 25 Apr, 2010 | Hits: 177

Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)

.... now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 22; 30 BLD (HCD) (2010) 429 .......gn her political image. 19. The investigating agency most illegally implicated the petitioner in this case without having any basis, which might have been done at the instance of the then ruling party, who was treated as their master, the investigating agency i.e. the Bureau of Anti Corruption,..

Category: Criminal Law | Date: 22 Apr, 2010 | Hits: 107

Md. Amzad Hossain Sarder alias Bhojey and others Vs. State, 2010, 39 CLC (HCD)

....not inclined to interfere with the impugned order. In the result, the rule is discharged. Communicate the order forthwith. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 416. ......lip;……………….Accused-Petitioner Vs. The State………………………………Opposite party Judgment April 12, 2010. Result: The rule is discharged. Status of po..

Category: Evidence Law | Date: 12 Apr, 2010 | Hits: 8

M/S. Golden Match Works Limited Vs. Customs, Excise and VAT Appellate Tribunal, 2010, 39 CLC (HCD)

....the Tribunal. 16. We do not find any merit in the Rule which is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 249. ......য হইবে। 12. Further section 196A (3) of the Customs Act says, "Every appeal under this section shall be filed within three months … or, as the case may be, the other party preferring the appeal. (Underlined by us). 13. Then again section 196A(3) .. of the C..

Category: Fiscal/Taxation Law | Date: 25 Mar, 2010 | Hits: 8