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GK Brothers and another Vs. Imperial Chemical Industries Bangladesh Limited, 2011, 40 CLC (HCD)
.... land in favour of appellants through court. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 543 ...... land in favour of appellants through court. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 543 ......3, 60,000 from the said case, although the rent was being deposited by the defendant No. 4 in the name of the plaintiff. The defendant Nos.1 and 2 (appellants) were not entitled to withdraw that amount before getting the kabala deed executed and registered. It was the further case of the plaint..Category: Civil Law, Procedural Law | Date: 20 Mar, 2011 | Hits: 2
Chunnu Vs. State, 2011, 40 CLC (HCD)
....icting and sentencing the Appellants. In the result, both the appeals are dismissed. Send down the lower Court record. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 127 ......icting and sentencing the Appellants. In the result, both the appeals are dismissed. Send down the lower Court record. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 127 ......nd also on the left elbow joint on the lateral aspect. On detailed dissection perforation of liver, lower ent of stomach intes-tines and mesentry, extravestation of blood and blood clots huge in amount causing haemoperitorium and corresponding to the wounds mentioned above 8th and 9th ribs foun..Category: Procedural Law | Date: 15 Mar, 2011 | Hits: 6
M.A. Bari Talukder Vs. Agrani Bank & others, 2011, 40 CLC (AD)
....peal is thus disposed of with the above observations and direction. Communicate this order to the Artha Rin Adalat concerned at once. Ed. This Case is also Reported in: VIII ADC (2011) 424. ......peal is thus disposed of with the above observations and direction. Communicate this order to the Artha Rin Adalat concerned at once. Ed. This Case is also Reported in: VIII ADC (2011) 424. ......n 25.9.2008, this defendant-petitioner filed an application under section 47 of the Artha Rin Adalat Ain, 2003 praying for allowing him to pay the principal loan along with 200% of the principal loan amount as interest as per section 47 of the Artha Rin Adalat Ain, 2003. The learned Judge of the Ada..Category: Banking Law | Date: 14 Mar, 2011 | Hits: 247
Anwarul Alam (Md.) Vs. Pubali Bank Ltd and others, 2011, 40 CLC (HCD)
.... it is liable to be discharged. 32. In the result, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 448. ......nk (Employees) Service Regulations, 1981 by specific reference incorporates Act No. XII of 1974 so far retirement and re-employment after retirement of employees are concerned as such, in view of the principle of "legislation by reference" subsequent amendments made in the referred statute...... it is liable to be discharged. 32. In the result, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 448. ..Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2011 | Hits: 3
Mokles Uddin Bhuiyan Vs. Rabi Chowdhury, 2012, 41 CLC (HCD)
.... The order of status quo granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 471. ......h the Courts found that the auction was held by practicing fraud upon the Court so the said concurrent finding of facts cannot be interfered with in revisional application. 10. It is well settle principle that the limitation is immaterial when any order obtained by practicing fraud upon Court. ...... The order of status quo granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 471. ..Category: Civil Law | Date: 11 Mar, 2011 | Hits: 185
Professor Muhammad Yunus Vs. Bangladesh, 2011, 40 CLC (HCD)
....er, there would be no order as to costs. Md. Mamtazuddin Ahmed J. – I Agree. Gobinda Chandra Tagore J. – I Agree. Ed. This Case is also Reported in: 63 DLR (2011) (HCD) 260. ...... and therefore, a Rule Nisi should be issued. 31. In reply to the submissions made by the learned Advocates for the petitioner, the learned Attorney General submits that it is a long established principle of law that there can be no estoppels or waiver against any statutory provisions and as su......er, there would be no order as to costs. Md. Mamtazuddin Ahmed J. – I Agree. Gobinda Chandra Tagore J. – I Agree. Ed. This Case is also Reported in: 63 DLR (2011) (HCD) 260. ..Category: Banking Law | Date: 8 Mar, 2011 | Hits: 438
....ccordingly the plaintiff started earth work on 12-2-2001 in full speed under the supervision of defendant nos.1 and 2 and was allowed to withdraw running bills of Taka 85, 77,895.22 in four installments. In the midst of work, the defendants verbally directed the plaintiff to reduce the for......ion of enforcing the arbitration agreement. The right to institute a suit in some Court is conferred, on a person having a grievance of a civil nature, und6r the general law. It is a fundamental principle of law that where there is a right there is a remedy. Section 9 of the Code of Civil Proce......nal Schedule work before 27-8-2001 and additional modified work within revised time schedule. After completion of work, the work value was assessed at Taka 1, 15, 70,173.51 and after deduction of the amount withdrawn by current bills, Taka 24, 68,629.42 was payable to the plaintiff-respondent No.1 b..
Category: Civil Law | Date: 23 Feb, 2011 | Hits: 10
Mohammad Ali Vs. Bangaldesh Bank and others, 2011, 40 CLC (HCD)
....ree is not yet satisfied. Let a copy of the judgment be communicated at once to the concerned executing Court. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......ree is not yet satisfied. Let a copy of the judgment be communicated at once to the concerned executing Court. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......grani Bank, Reazuddin Bazar Branch, Chittagong as plaintiff instituted Artha Rin Suit No. 424 of 2004 in the Artha Rin Adalat, Chittagong against the petitioner and two others for realisation of loan amounting to Taka 53,52,404.28 (Taka fifty-three lac fifty-two thousand four hundred four and Paisa ..Category: Banking Law | Date: 22 Feb, 2011 | Hits: 187
....ubstance hi the submissions of the learned Advocate for the petitioners.
Accordingly, the leave petition is dismissed.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 119.
...... evidence is not an arbitrary one, but is a judicial one circumscribed by the limitations specified in Order XL, rule 27, Civil PC If the additional evidence was allowed to be adduced contrary to the principles governing the reception of such evidence, it would be a case of improper exercise of......nsideration money of Taka 5 lakh. The price was re-fixed at Taka '33.00 lacs out of which Taka 19,00 lakh was already paid by the plaintiff Mansur Rahman to the defendant and the outstanding amount of Taka 14,29,373 was paid by Mansur Rahman to the RAJUK. The defendant Nos.1 and 2 and Kazi ..
Category: Civil Law | Date: 17 Feb, 2011 | Hits: 5
Sanjoy Roy Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....d as being not maintainable. The order of stay passed by this Court at the time of issuance of the Rule is vacated. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......d as being not maintainable. The order of stay passed by this Court at the time of issuance of the Rule is vacated. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......ha Rin Adalat Ain, 2003 published in the Daily Sylheter Dak dated 4.8.2010. 2. Facts relevant for disposal of the Rule are that the petitioner availed credit facilities on different dates, total amounting to Taka 49,65,730.75 (Taka forty-nine lac sixty-five thousand seven hundred thirty and Pai..Category: Banking Law | Date: 17 Feb, 2011 | Hits: 174
Abu Hanifa (Md.) Vs. Md. Shafiul Bashar and others, 2011, 40 CLC (AD)
....dgment and order dated 1-11-2003 passed by a Division Bench of the High Court Division in Writ Petition No.7505 of 2002 is hereby affirmed. Ed. This Caseis also Reported in: 65 DLR (AD) (2013) 243. ......read with Rule 8(2) of the Muslim Marriages and Divorces(Registration) Rules, 1975 notice is required to be served upon the Nikah Registrar before cancellation of licence and it is also a fundamental principle of natural justice that no action shall be taken against any person without giving him any......dgment and order dated 1-11-2003 passed by a Division Bench of the High Court Division in Writ Petition No.7505 of 2002 is hereby affirmed. Ed. This Caseis also Reported in: 65 DLR (AD) (2013) 243. ..Category: Civil Law | Date: 15 Feb, 2011 | Hits: 8
Jamiul Hossain Vs. Government of Bangladesh & Others, 2011, 40 CLC (HCD)
....of issuance of Rule Nisi is, hereby, recalled and vacated. Let a copy of the judgment be communicated to the Respondents forthwith. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 49. ......nt to note that High Court Division cannot decide the disputed question of title to the suit land; rather the same should have been decided by the competent Civil Court of law. 34. It is a settled principle of law that the proceeding under article 102(2) of the Constitution is a summary one and i......of issuance of Rule Nisi is, hereby, recalled and vacated. Let a copy of the judgment be communicated to the Respondents forthwith. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 49. ..Category: Constitutional Law | Date: 15 Feb, 2011 | Hits: 176
Rupali Bank Ltd., Dhaka Vs. M/S. Brick Linkers Ltd. and Others, 2011, 40 CLC (AD)
....em. The appeal is dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 92, 16 BLC (AD) (2000) 107, VIII ADC (2011) 523 ......em. The appeal is dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 92, 16 BLC (AD) (2000) 107, VIII ADC (2011) 523 ......judgment and order dated 5th February, 1997 decreed the suit in preliminary form with interest. The Adalat thereupon drew up the preliminary decree. As the judgment debtors did not pay the decreetal amount within the stipulated time, the decree-holder Bank filed an application under Order 34 Rule 4..Category: Banking Law | Date: 15 Feb, 2011 | Hits: 189
Promoda Sundari Sen Kalyan Trust Vs. Momtaz Zafar Ahmed and Others, 2011, 40 CLC (HCD)
....rder as to cost Let a copy of the Judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 53 ......cases cited by Mr. Abdul Quayum. On reading of the decisions reported in 7 ADC 291, 56 DLR (AD) 22, 10 BLC (AD) 8 and section 307 of the Indian Succession Act, 1925, it seems to us that the principles as enunciated in those decisions as well as the provision of section 307 of the...... rejection of the plaint stating, inter-alia, that the defendant No. 7 as plaintiff instituted Artha Rin Suit 771 of 2004 before the Artha Rin Adalat No. 1, Dhaka for recovery of its outstanding dues amounting to Taka 60,61,540 against the Grameen Samaj Kendra which was decreed vide ex-parte judgmen..Category: Banking Law | Date: 9 Feb, 2011 | Hits: 2
Shah Alam (Md.) Vs. State and another, 2011, 40 CLC (HCD)
....e trial Court shall proceed with the case in accordance with law. Send a copy of the judgment and order to the Court below at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 137. ......al Procedure. Evidently the complaint petition was filed well within the stipulated period by making out a prima-facie case to proceed under section 138 of the Negotiable Instruments Act, 1881. The principle for quashing a criminal proceeding is formulated in the case of Sher Ali Vs. State reporte......f fund in the account of the drawer with as added remark that joint signature was required. On 8-2-2009 at about 7-00 PM, the complainant personally approached the accused-petitioner to get the amount of money for which the 'cheque was issued. But he refused to pay. As such, on 25-2-2009 a leg..Category: Banking Law | Date: 6 Feb, 2011 | Hits: 361
Sohrab Hossain (Md.) & others Vs. State & another, 2011, 40 CLC (HCD)
.... of the Code. 11. For the discussions made above, we find no merit in the Rule. Accordingly, this Rule is discharged. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 215. ...... of the Code. 11. For the discussions made above, we find no merit in the Rule. Accordingly, this Rule is discharged. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 215. ......t fund having been presented on the same date of issue. Then again the bank issued a legal notice on 29-9-2009 by registered post with acknowledgment due requesting the accused to make payment of the amount of the dishonoured cheque within 30 (thirty) days of the date of receipt of the notice. Cause..Category: Others | Date: 3 Feb, 2011 | Hits: 4
Aslam Khan Vs. Artha Rin Adalat, Moulvibazar and another, 2011, 40 CLC (HCD)
.... to the Manager, Sonali Bank Ltd., Bhairabganj Bazar Branch, Moulvibazar and also to the concerned executing Court. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......ree, was issued calling in question order dated 15.4.2010 passed by the Artha Rin Adalat, Moulvibazar rejecting the petitioner’s application for exemption of interest on deposition of the remaining principle amount of loan in Artha Rin Execution Case No. 29 of 2003 (arising out of Artha Rin Suit N......ssued calling in question order dated 15.4.2010 passed by the Artha Rin Adalat, Moulvibazar rejecting the petitioner’s application for exemption of interest on deposition of the remaining principle amount of loan in Artha Rin Execution Case No. 29 of 2003 (arising out of Artha Rin Suit No. 3 of 19..Category: Banking Law | Date: 2 Feb, 2011 | Hits: 217
Md. Nasurullah alias Nasu Vs. Artha Rin Adalat No. 4, Dhaka and others, 2011, 40 CLC (HCD)
....perty. Lat a copy of the judgment be communicated to the concerned executing Court for future guidance as well. Nazmun Ara Sultana J.- I agree Ed. This Case is also Reported in: ......he may get back his property. Such an illegal order of the executing Court would not create any right for redemption of the mortgaged property in favour of the judgment debtor. This is a well settled principle of law that after confirmation of sale of any mortgaged property in due process of law, th...... leading to this writ petition, in short, are that the Islami Bank Ltd, Mirpur Branch, Dhaka as plaintiff instituted Artha Rin Suit No.777 of 2004 in Artha Rin Adalat No.4, Dhaka for recovery of loan amounting to Taka 6,69,706/- (six lac sixty-nine thousand seven hundred six) only against the petiti..Category: Banking Law | Date: 2 Feb, 2011 | Hits: 175
Shamsunnur Rahman Vs. State, 2011, 40 CLC (HCD)
.... In view of the foregoing narrative the petition of appeal is rejected. Office is directed to communicate the judgment and order at once. Ed. This Case is also Reported in: 16 BLC (2011) 895.......dure irrespective of the fact whether she offers to produce defence or not. The examination must precede the stage when the accused is required to adduce defence evidence. The section is based on the principle involved in the maxim "audi alteram paterm" namely that no one should be condemned unheard...... In view of the foregoing narrative the petition of appeal is rejected. Office is directed to communicate the judgment and order at once. Ed. This Case is also Reported in: 16 BLC (2011) 895...Category: Women and Children | Date: 31 Jan, 2011 | Hits: 127
Mahbub Ahmed Chowdhury Vs. Chief Election Commissioner and others, 2011, 40 CLC (AD)
....judgment and order passed by the High Court Division. Accordingly, the Civil Petition for Leave to Appeal is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 283. ......y reference or incorporation. Further the parliament in addition to its power of direct legislation it has power to amend, repeal, modify or alter any law within its legislative competence. The principles have been recognized by the Indian Supreme Court in the Case of Sajjat Sing Vs. State......f his own or his dependents; (g) what promises he made before an election in which he was elected as a member in the past, and how many of those promises were fulfilled; and (h) the amount of loan received by him alone, or jointly or by his dependents from any bank or financial in..Category: Constitutional Law | Date: 23 Jan, 2011 | Hits: 10
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