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Manager, Rupali Bank Ltd. Vs. M/S New Music Corner and another, 2011, 40 CLC (HCD)

....g dues against the defendant for an amount of was Tk. 17,07,996.30. For realization of this amount of money the plaintiff through their Legal Advisor sent a legal notice to the defendant No.1. As per Government policy the defendant No.1 filed an application for exemption of interest. But interest wa......t record. Send down the lower Court records along with a copy of this judgment immediately to the Court concerned. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ...... High Court Division (Civil Appellate Jurisdiction) Present: Faruque Ahmed J Obaidul Hassan J Manager, Rupali Bank Ltd..........................Plaintiff-Appellant Vs. M/S New Music Corner and another …….......Defendants-Respondents Judgment Ma......ppellant Vs. M/S New Music Corner and another …….......Defendants-Respondents Judgment May 18, 2011. Result The appeal is allowed.  Lawyers Involved: Md. Rezaul Haque, Advocate-For the Plaintiff-Appellant. Md. Haroon-Ar-Rashid, Advocate-For the ..

Category: Banking Law | Date: 18 May, 2011 | Hits: 209

Monzur Ahmed Bhuiyan & others Vs. Adilur Rahman Khan and others, 2011, 40 CLC (AD)

....or deeds or exonerations made or proceedings taken under the said Ordinance by the Truth and Accountability Commission was made without lawful authority and is no legal effect. 3. Initially, the Government of Bangla­desh, represented by the Secretary, President's Secretariat and 4(four) others...... তথ্য প্রকাশ অধ্যাদেশ, ২০০৮, (Ordinance No.XXVII of 2008), before the High Court Division under Article 102 of the Constitution of the People's Republic of Bangladesh in Writ Petition No. 6488 of 2008. 2. The High Court Division after hearing by its j...... Nazmun Ara Sultana J   Syed Mahmud Hossain J   Md. Imman Ali J       Monzur Ahmed Bhuiyan & others...........Petitioners Vs. Adilur Rahman Khan and others.............Respondents Judgment May 16, 2011. ...... No order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 47. ..

Category: Constitutional Law | Date: 16 May, 2011 | Hits: 267

Major (Retd.) Rafiq Hasan Faruq Vs. Bangladesh and others, 2011, 40 CLC (HCD)

.... order as to cost. The office is directed to communicate the Judgment at once to the concerned executing Court (Respondant No. 3). Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 281. ...... High Court Division (Special Original Jurisdiction) Present: Md. Emdudul Huq J Md. Abu Zafor Siddique J Major (Retd.) Rafiq Hasan Faruq ........................Petitioner Vs. Bangladesh and others.................................Respondents Judgment May 16, 2011. Re......e Court High Court Division (Special Original Jurisdiction) Present: Md. Emdudul Huq J Md. Abu Zafor Siddique J Major (Retd.) Rafiq Hasan Faruq ........................Petitioner Vs. Bangladesh and others.................................Respondents Judgment May 16, 2011......concerned executing Court (Respondant No. 3). Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 281. ..

Category: Banking Law | Date: 16 May, 2011 | Hits: 179

S.M. Humayun Kabir Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....ed Akhtar Imam, Senior Advocate with Ms. Rubaiya Zara Khan, Advocate with Md. Kamal Hossain, Advocate-For the Petitioner. Ms. Farida Yeasmin, Assistant Attorney General-For the Respondent-Government. Writ Petition No. 4717 of 2010 Judgment Farah Mahbub J. -  In this R...... Court High Court Division (Special Original Jurisdiction) Present: Farah Mahbub J Farid Ahmed J S.M. Humayun Kabir............................Petitioner Vs. Bangladesh and others…...........………….Respondents Judgment May 15, 2011. ...... Supreme Court High Court Division (Special Original Jurisdiction) Present: Farah Mahbub J Farid Ahmed J S.M. Humayun Kabir............................Petitioner Vs. Bangladesh and others…...........………….Respondents Judgment May 15, 20......Referred to- Jagdish Chandra Vs. Commissioner of Transport, (1982)1 Serv L.J 422(HP); Raj Kumar Vs. Union of India reported in AIR 1969 (SC) 180; Secretary, Ministry of Finance and Others Vs. Md. Abdur Rashid and others, 12 BLC (AD) 13; 12 BLC (AD) 142. Lawyers Involved Akhtar Ima..

Category: Employment/Service Law | Date: 15 May, 2011 | Hits: 22

Tofail Ahmed Vs. State, 2010, 39 CLC (HCD)

....cerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 363. ...... this Court may seem fit and proper. 2. The facts leading to the issuance of this Rule, in brief, is that on 17-06-2002 one Kazi Samsul Islam, Inspector (Task Force-1) Bureau of Anti-Corruption, Bangladesh, Dhaka had lodged a First Information Report (FIR) with Motijheel Police Station alleging......ellaneous Jurisdiction) Present: Md. Shamsul Huda J Md. Rezaul Hasan J Tofail Ahmed…………………………Petitioner Vs. State………………………Opposite part......icate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 363. ..

Category: Anti-Corruption Laws | Date: 15 May, 2011 | Hits: 211

Government of Bangladesh and Others Vs. Md. Gias Uddin Chowdhury and Others, 2011, 40 CLC (AD)

....1) 879. ......me Court Appellate Division (Civil) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Government of Bangladesh and Others……………..Appellants (In Civil Appeal No. 88 of 2010) The Chairman......angladesh and Others……………..Appellants (In Civil Appeal No. 88 of 2010) The Chairman, Rajdhani Unnayan Kartipakkha……………………..Appellant (In Civil Appeal No.89 of 2010) Vs. Md. Gias Uddin Chowdhury and Others…………………………..Respondents (In both the......n both the appeals. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 1, 17 BLC (AD) (2012) 14, VIII ADC (2011) 879. ..

Category: Property Law | Date: 15 May, 2011 | Hits: 100

Mohammad Tayeeb and another Vs. Government of the People’s Republic of Bangladesh (Fatwa Judgment), 2011, 40 CLC (AD)

....ellip;…..Appellant (In Civil Appeal No.593 of 2001) Moulana Abul Kalam Azad…………………Appellant (In Civil Appeal No.594 of 2001) Vs. Government of the People’s Republic of Bangladesh, represented by the Secretary, Ministry of R.......593 of 2001) Moulana Abul Kalam Azad…………………Appellant (In Civil Appeal No.594 of 2001) Vs. Government of the People’s Republic of Bangladesh, represented by the Secretary, Ministry of Religious Affairs and others……&h......hellip;……..Appellant (In Civil Appeal No.593 of 2001) Moulana Abul Kalam Azad…………………Appellant (In Civil Appeal No.594 of 2001) Vs. Government of the People’s Republic of Bangladesh, represented by the Secretary, Mini......bsp;                 ..

Category: Civil Law | Date: 12 May, 2011 | Hits: 34

Rupali Bank Ltd. Vs. Sree Babu Jiban Kumer Shaha, 2011, 40 CLC (HCD)

....The defendant receiving this amount of money had been running his business. On 15.05.1988 was the deadline for repayment of the loan. Within this time the defendant did not pay the loan amount. Since Government declared to exempt the loanees from paying interest, the said decision was informed to th......aintiff. Send down the lower court records along with a copy of this judgment immediately to the court concerned. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ...... High Court Division (Special Original Jurisdiction) Present: Faruque Ahmed J Obaidul Hassan J Rupali Bank Ltd………………………………Plaintiff-Appellant Vs. Sree Babu Jiban Kumer Shaha ……………Respondent Judgment May 11, 2011. ......…………Plaintiff-Appellant Vs. Sree Babu Jiban Kumer Shaha ……………Respondent Judgment May 11, 2011. Result The appeal is allowed. Lawyers Involved: Md. Harunur Rashid, Advocate-For the Plaintiff-Appellant. Not represented- the Respondent. ..

Category: Banking Law | Date: 11 May, 2011 | Hits: 210

Syed Moazzem Hossain (Md.) Vs. Tahsia Khanam and others, 2011, 40 CLC (HCD)

....dvocate appearing for the defendant No.7- appellant sub­mitted that the suit as stands framed is not maintain­able without a prayer for consequential relief. Mr. Karim relied upon the case of Government of Bangladesh Vs. Sheikh Hasina, reported in 60 DLR (AD) 90 and the case of Dudu Mia Vs. ...... the plaintiff. That it is stated that the plaintiff on 5-11-1997 filed an application under section 158 of the Companies Act, 1994 to the Hon'ble High Court Division of the Supreme Court of Bangladesh which was registered as Company matter No.3 of 1997 but afterwards did not press the mat&...... Court High Court Division (Civil Appellate Jurisdiction) Present: Shahidul Islam J Md. Rais Uddin J Syed Moazzem Hossain (Md.)..........................Appellant Vs. Tahsia Khanam and others……..........................Respondents Judgment......This Case is also Reported in: 65 DLR (HCD) (2013) 11.     ..

Category: Company Law, Procedural Law | Date: 8 May, 2011 | Hits: 9

Kyung Hae Maritime Co. Ltd. and others Vs. M.V. BF Glory and others, 2011, 40 CLC (HCD)

....No.19 of 2009 M/S. Kysco Shipping Co. Ltd. and also against the BF. Shipping Limited in Admiralty Suit No. 27 of 2009 and Admiralty Suit No. 28 of 2009. Ed. This Case is also Reported in: ...... 3, Dong Dong-Gu Pusan City Republic of Korea as Manager / M.V. BF Glory (Ex-Kunai) represented by their Constituted Attorney M/S Kabir & Associates, 40/A, Panchlish Residential Area, Chittagong, Bangladesh……...Plaintiff Vs. 1. M.V. BF Glory (Ex-kunai), A vessel now berth at CUFL, ......ic of Korea as Manager / M.V. BF Glory (Ex-Kunai) represented by their Constituted Attorney M/S Kabir & Associates, 40/A, Panchlish Residential Area, Chittagong, Bangladesh……...Plaintiff Vs. 1. M.V. BF Glory (Ex-kunai), A vessel now berth at CUFL, Jetty, P.S.-Bandar, Chittagong, Re......, Byuksan Kwanghwamunsidae b/d 74 Naesu-dong, Chongno, Seoul, Korea-110-070 As Charterer M.V. BF Glory(Ex-Kunai), represented by their constituted Attorney, M/S Kabir & Associates, represented by Md. Ahsanul Kabir, Advocate, 40/A, Panchlish Residential Area, Chittagong, Bangladesh……......Pla..

Category: Admiralty Law or Maritime Law | Date: 4 May, 2011 | Hits: 70

M/S. Ace Traders Vs. M. V. DIJENDRALAL and Others, 2011, 40 CLC (HCD)

....es Insurance Company Limited on contest and also against the defendant Nos.1, 2, 3, 5, 7, 9 and 10 ex parte. However, there shall be no order as to costs. Ed. This Case is also Reported in: ......agent of M. V. dijendralal, the carrier vessel and its owner the Defendant No.2. 4. Peoples Insurance Company Ltd., Sena Kalyan Bhavan (3rd floor) 195, Motijheel Commercial area, Dhaka-1000. 5. Bangladesh Inland Water Transport Authority (BIWTA), represented by senior Deputy Director, Narayang......man J       M/S. Ace Traders, Zerin Mansion 55, Motijheel Commercial Area, P. S. Motijheel, Dhaka-1000, represented by its proprietor, Md. Nurul Islam…....Plaintiff. Vs. 1. M. V. DIJENDRALAL, An Indian Flag Carrier Ship having its owners address at T.T. Sheds, 6,......  Present: AFM Abdur Rahman J       M/S. Ace Traders, Zerin Mansion 55, Motijheel Commercial Area, P. S. Motijheel, Dhaka-1000, represented by its proprietor, Md. Nurul Islam…....Plaintiff. Vs. 1. M. V. DIJENDRALAL, An Indian Flag Carrier Ship having ..

Category: Admiralty Law or Maritime Law | Date: 27 Apr, 2011 | Hits: 64

Anwar Cement Limited and others Vs. Bangladesh Bank and other, 2011, 40 CLC (HCD)

....fore, the rule is disposed of with the above observations without any order as to costs. The order of stay stands vacated. Md. Abu Zafar Siddique J.- I agree. This Case is also Reported in: ......rt High Court Division (Special Original Jurisdiction) Present: Zinat Ara J Md. Abu Zafar Siddique J Anwar Cement Limited and others……………............Petitioners Vs. Bangladesh Bank and others…………………......Respondents Judgment April 24, 2011. T......eme Court High Court Division (Special Original Jurisdiction) Present: Zinat Ara J Md. Abu Zafar Siddique J Anwar Cement Limited and others……………............Petitioners Vs. Bangladesh Bank and others…………………......Respondents Judgment April 24, 201...... stay stands vacated. Md. Abu Zafar Siddique J.- I agree. This Case is also Reported in: ..

Category: Banking Law | Date: 24 Apr, 2011 | Hits: 363

Padma Oil Company Limited Vs. Md. Abdus Samad and others, 2011, 40 CLC (AD)

....ry license/permit for supplying fuel as per prevailing rules. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 154. ...... station. 2. The respondent No.1 filed the above writ Petition on the averments that pursuant to a resolution of the petitioner approving the proposal for installation of a filling station, Bangladesh Petroleum Corporation approved the proposal and thereupon, the writ-petitioner obtained ......mel Hossain CJ Surendra Kumar Sinha J Madam Justice Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Padma Oil Company Limited.............Petitioner Vs. Md. Abdus Samad and others………….......Respondents Judgment 7 April, 2011......n is disposed of with the above observations. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 154. ..

Category: Others | Date: 7 Apr, 2011 | Hits: 7

Kartic Das Gupta Vs. Election Commission of Bangladesh and others, 2011, 40 CLC (AD)

....voter No.22 1373362050. The cause of action to file the writ petition as it appears from the statements made in the writ petition was that in exercise of power as conferred by section 17 of the Local Government (Pourashava) Act, 2009 and rule 4 of the Local Government (Pourashava) Election Rules, 20...... Syed Mahmud Hossain J Muhammad Imman Ali J Kartic Das Gupta…………………………Petitioner Vs. Election Commission of Bangladesh and others………….......Respondents Judgment April 3, ...... Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Kartic Das Gupta…………………………Petitioner Vs. Election Commission of Bangladesh and others………….......Responde...... This Case is also Reported in: VIII ADC (2011) 578, 19 BLC (AD) (2014) 113. ..

Category: Election Law | Date: 3 Apr, 2011 | Hits: 168

Md. Jahir Uddin and others Vs. Md. Molin Ali and others, 2011, 40 CLC (HCD)

....lord Mrinal Kanti Ghosh Chowdhury. A company named Bagda Firm Ltd. represented by its Managing Director, Anil Chakraborty was a tenant therein under the landlord. Subsequently the suit land vested in Government and was published in khas khatian. The Government under a policy of rehabilitation of the...... dated 23.11.2004 passed by the Assistant Judge, Gobindaganj, Gaibandha in Other Class Suit No.8 of 1997 is maintained. Send down the lower Court records. Ed. This Case is also Reported in: ......ported in: ......Suit No.8 of 1997 is maintained. Send down the lower Court records. Ed. This Case is also Reported in: ..

Category: Property Law | Date: 31 Mar, 2011 | Hits: 68

ATM Qamuzzaman Khan Vs. State and another, 2011, 40 CLC (HCD)

....preferred the instant appeal before this Court which was admitted on 27-8-2009. 8.  Mr. Moin Uddin, the learned Advocate appearing for the convict appellant submits that after change of the Government in 2001, the present appellant was illegally removed from his service by RAJUK. Thereafte......o discharged from his bail bond. Communicate this order at once and send down the lower Court's records expeditiously. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 442. ......Supreme Court High Court Division (Criminal Appellate Jurisdiction) Present: AKM Asaduzzaman J Md. Ashraful Kamal J ATM Qamruzzaman Khan................Appellant Vs. State and another.........................Respondents Judgment March 29, 2011.&nb......ly. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 442. ..

Category: Criminal Law | Date: 29 Mar, 2011 | Hits: 3

Md. Zaved Khan Vs. Anti Corruption Commission and others, 2011, 40 CLC (HCD)

....vided by law referred to above. So we are not ready to entertain the writ petition. Hence the application is summarily reject­ed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 221. ...... J.- Let the supplementary affidavit shall part of the main petition. 2. One Md. Zaved Khan has filed this appli­cation under Article 102(2)(a)(ii) of the Constitution of the People's Republic of Bangladesh challenging the legality of the order dated 6-7-2010 in Permission Petition No.76 of 2010....... ......ence the application is summarily reject­ed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 221. ..

Category: Criminal Law | Date: 22 Mar, 2011 | Hits: 75

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 ......vil Appellate Jurisdiction) Present: Shahidul Islam J Md. Rais Uddin J GK Brothers and another...........Principal-Defendant Appellants Vs. Imperial Chemical Industries Bangladesh Limited.........Plaintiff-Respondent Judgment March 20, 2011. Result: ......urt High Court Division (Civil Appellate Jurisdiction) Present: Shahidul Islam J Md. Rais Uddin J GK Brothers and another...........Principal-Defendant Appellants Vs. Imperial Chemical Industries Bangladesh Limited.........Plaintiff-Respondent Judgment ...... at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 543 ..

Category: Civil Law, Procedural Law | Date: 20 Mar, 2011 | Hits: 2

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.   ......s discharged. Cases Referred to- MH Chowdhury Vs. GM, Titas Gas Transmission and Distribution Co. Ltd. 1981 BLD (AD) 61; Bajya Vs. Smt Gopikabai, AIR 1978 (SC) 793; People's Republic of Bangladesh, represented by the Deputy Commissioner Dhaka Vs. Md. Alauddin alias Alauddin Sarker, 38 ......ial Original Jurisdiction) Present: Farah Mahbub J   Farid Ahmed J Anwarul Alam (Md.)………………………..Petitioner Vs. Pubali Bank Ltd and others...............Respondent Judgment March 13, 2011. ......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)

....dant-Appellant-Petitioner Vs. Rabi Chowdhury………………………Opposite Parties Judgment March 11, 2012. Result: The Rule is discharged. Cases Referred to- 32 DLR 168; Government of Bangladesh Vs. Mashiur Rahman, 50 DLR (AD) 205; Shambhu Nath Poddar Vs. Bangladesh Rai......-Petitioner Vs. Rabi Chowdhury………………………Opposite Parties Judgment March 11, 2012. Result: The Rule is discharged. Cases Referred to- 32 DLR 168; Government of Bangladesh Vs. Mashiur Rahman, 50 DLR (AD) 205; Shambhu Nath Poddar Vs. Bangladesh Railway, 43 DLR (......12) 471. ......overnment of Bangladesh Vs. Mashiur Rahman, 50 DLR (AD) 205; Shambhu Nath Poddar Vs. Bangladesh Railway, 43 DLR (AD) 82. Lawyers Involved: M Asif Hasan, Advocate - For the Petitioners.  Md. Jalaluddin, Advocate - For the Opposite Party Nos.1(a)-1(c) Civil Revision No.49 of 2000. ..

Category: Civil Law | Date: 11 Mar, 2011 | Hits: 185