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

....ction 30 of the Bank Companies Act, 1991 the Court’s hands are tied in exempting the interest charged by the bank. The learned Judge, Artha Rin Adalat, First Court, Sherpur without appreciating the legal provision passed the decree which is liable to be modified. 12. We have gone through the ......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: ..

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

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

....es were returned back to plaintiff he had no objection. The defendant Nos.1-4 did not take any effective step for returning back the shares of the plaintiff to her. Thereafter, the plaintiff issued a legal notice upon the defendants on 31-3-1996 through Mr. Aminul Hoque, a learned advocate for getti......aside. The suit is dismissed, however without any Order as to costs. Send down the records at once. Ed. 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)

.... AFM Abdur Rahman J.- Admiralty Suit No. 19 of 2009, Admiralty Suit No. 27 of 2009 and Admiralty Suit No. 28 of 2009, although have been heard separately one after another, yet as the factual and legal aspect involved in these suits are similar, the same are now disposed off by this single judgm...... It appears from the evidence on record that the defendant No. 2 in Admiralty Suit no. 19 of 2009 Kysco Shipping Co. Ltd. is either about to be bankrupt or in the meantime became bankrupt. But the status of the other defendant i.e. the BF Shipping Ltd. has not been clarified by any cogent evidenc..

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

Hossain Md. Rajib Vs. State, 2011, 40 CLC (HCD)

.... a deci­sion, reported in 40 DLR (AD) 290, in the case of Sree Kalyan Kumar Vs. State, wherein it has been held that, "Bail is not to be withheld as a punishment [PLD 1972 (SC) 81]. There is no legal compulsion to keep people in jail merely on the allega­tion that they have committed offences......-3-2010 and allow the appeal. With this observation the appeal is allowed and the ad interim bail granted earlier is affirmed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 447...

Category: Women and Children | Date: 2 May, 2011 | Hits: 171

National Board of Revenue and others Vs. Lt. Col. Kazi Shahid Ahmed (Retd.), 2011, 40 CLC (AD)

....of signing of the undertaking (Annexure-1 to the writ petition). Being aggrieved, the respondent No.1, filed the instant Writ Petition No.1953 of 1996, before the High Court Division, challenging the legal­ity of the Orders dated 14-2-1996 and 28-5-1996. 3. The Rule was contested on behalf ......nd secretary of the NBR innocently stated that the VAT for a construction organization “নির্মাণ সংস্থা” in only 4.50% on its total receipts, without deciding the status of Gemcon Ltd. or its actual liability under the VAT Act. 12. Under the circumstances, t..

Category: Fiscal/Taxation Law | Date: 26 Apr, 2011 | Hits: 217

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

....uzzarnan -For the Petitioners. Forrukh Rahman-For Respondent Nos. 2 and 4. Writ Petition No.6016 of 2008. Judgment Zinat Ara J.- In this rule nishi the petitioners called in questions the legality of the publication of the names of the petitioners as loan defaulters against Borrower Code......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: ..

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

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

....election fix­ing the date on 19.01.2011 without preparation of fresh voter list exclud­ing the Rohingas should not be declared to have been included with­out lawful authority and is of no legal effect and why the respondents should not be directed to prepare a fresh voter list excluding ......we find no merit in the sub­missions of Mr. Ahsanul Karim. Accordingly, the petition is dismissed. Ed. 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)

.....2758 of 2006. Judgment Md. Ruhul Quddus J. - This Rule at the instance of plaintiff-respondents was issued on an application under section 115 (1) of the Code of Civil Procedure to examine the legality of judgment and decree dated 15.5.2006 passed by the First Court of Joint District Judge, G...... 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: ..

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

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

...., the then Authorized Officer alone approved the said plan without placing the same before the Building Construction Committee. Both of them in collusion with each other created the said fake plan, illegally and thus the accused-persons committed offence under section 5 (2) of the Prevention of Corr......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. ..

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

Nazmul Islam alias Nazu Vs. State, 2011, 40 CLC (HCD)

.... kind of immoral act. But, it is the principle of Criminal jurisprudence that an accused should be dealt in accordance with law and before awarding any pun­ishment a judge should have considered the legal evidence and proposition of law and he will not act as a social activist, rather he should hav......levelled against him and he be set at liberty at once, if not wanted in other case. Send down the lower Court record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 460...

Category: Women and Children | Date: 21 Mar, 2011 | Hits: 165

GK Brothers and another Vs. Imperial Chemical Industries Bangladesh Limited, 2011, 40 CLC (HCD)

....lowing issue:— 1) Is the suit maintainable in its present form? 2)  Is the suit barred under section 42 of the Specific Relief Act? 3) Whether the defendant Nos.1 and 2 have legal title and possession in the property of Other Suit No. 41 of 1974? 4) Whether the defenda...... 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 ..

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

Md. Ferajtullah Sheikh Vs. Md. Yusuf Ali and others, 2011, 40 CLC (HCD)

....Revision No. 3904 of 2001. Judgment Md. Ruhul Quddus J. - This Rule at the instance of a vendor, was issued on an application under section 115 (1) of the Code of Civil Procedure to examine the legality of judgment and order dated 11.4.2001 passed by the Subordinate Judge (now Joint District J...... finding of facts by his judgment and order dated 11.4.2001. The petitioner moved in this Court against the said judgment and order dated 11.4.2001, obtained the Rule and subsequently got an order of status quo on 6.8.2002. 6. Mrs. Joya Barttacharjee, learned Advocate appearing for the petitioner..

Category: Property Law | Date: 20 Mar, 2011 | Hits: 59

Anwarul Alam (Md.) Vs. Pubali Bank Ltd and others, 2011, 40 CLC (HCD)

....as such the impugned order dated 25-2-2009 (Annexure-D) issued under the signature of respondent No. 7 is liable to be struck down for having been passed without any lawful authority and hence, of no legal effect. 11. Conversely, Mr. Mahmudul Islam, the learned Senior Advocate appearing with Mr...... 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)

....xecution case No.4 of 1975 was filed and the present petitioner auction pur­chased the valuable property of him. The said auc­tion was confirmed on 25-11-1975. The said auction was not in proper, illegal and mala fide and the value of the auction money was not proper. The opposite party No.1 came ......cellaneous Appeal No.11 of 1994 affirming those dated 16-3-1994 passed by the Assistant Judge, in-charge, Singair, Manikganj in Miscellaneous Case No.55 of 1984 are hereby upheld. 14. The order of status quo granted earlier by this Court is hereby recalled and vacated. Send down the Lower Cour..

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

Professor Muhammad Yunus Vs. Bangladesh, 2011, 40 CLC (HCD)

....ws him even to hold the post until the Board decides otherwise and in such view of the matter, the impugned orders are liable to be declared to have been issued without lawful authority and are of no legal effect. 19. He also submits that since the Board is vested with the power of appointment ......s ‘The Managing Director’ as ‘the whole-time officer and the chief executive of the Bank’ i.e. the Managing Director as the chief executive is also an employee of the Bank. The petitioner’s status as the Managing Director was more clarified in Clause 2.0 of his last appointment letter date..

Category: Banking Law | Date: 8 Mar, 2011 | Hits: 438

Shammi Yasmin @ Suma alias Sreemoti Rafiqa Rani and others Vs. State, 2011, 40 CLC (HCD)

....ng with the Chairman went to Rajshahi and while staying in hotel his daughter appeared before them he then called his daughter to return home but the Chairman stopped him and resisted him to take any legal course and made him satisfy that he will settle the matter, accordingly he prepared a Sole Nam...... from today and for the time being the victim will remain as it is, in the safe custody. Communicate the order at once. AKM Zahirul Hoque, J.- I agree. Ed. This Case is also Reported in: ..

Category: Women and Children | Date: 27 Feb, 2011 | Hits: 82

Executive Chairman, Bangladesh Export Processing Zones Authority (BEPZA) Vs. M/s. Abdul Mannan and anothers, 2011, 40 CLC (AD)

....ment and order on the issue of the existence Arbitration Clause and that these suits are  maintainable without exhausting the remedy available in the Arbitration Clause and that there being no illegality committed by the Court of appeal below, the judgment and decree passed by the court of appe......ation thereof, we do not find any merit in these two leave petitions. Accordingly, these leave petitions are dis­missed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 86. ..

Category: Civil Law | Date: 23 Feb, 2011 | Hits: 10

Mohammad Ali Vs. Bangaldesh Bank and others, 2011, 40 CLC (HCD)

....instituted the suit, obtained the decree and proceeded with the execution case and as such the suit, the decree in conclusion thereof and the execution case for execution of the said decree all are illegal and without lawful authority. He further submits that section 37 of the Ain provides 150 days ......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: ..

Category: Banking Law | Date: 22 Feb, 2011 | Hits: 187

Hussain Fabrics Ltd. Represented by its Managing Director and another Vs. Haji Momena Khatun and others, 2011, 40 CLC (AD)

....l as to transfer or enter into any contract with anybody for any share or portion of M/s Hussain Fabrics Ltd and the alleged contract is not a contract in the eye of law and, as such, the same is not legal­ly enforceable. On 18-3-1992 the plaintiff No. 3 with a group of miscreants came to the re...... Chief Metropolitan Magistrate, Dhaka alleging, inter alia, that there is a possibility to break the peace and tranquility and prayed for necessary order and the learned Magistrate passed an order of status quo. Shyampur Police Station Case No.32(12)2001 was started by the plaintiffs wherein the def..

Category: Civil Law | Date: 17 Feb, 2011 | Hits: 5

Jamiul Hossain Vs. Government of Bangladesh & Others, 2011, 40 CLC (HCD)

....2 issued by respondent No.3 contained in annexure-H to the writ petition for rehearing of above 3 cases on 24.07.2002 should not be declared to have been passed without lawful authority and are of no legal effect and/or pass such other or further order or orders as to this Court may seem fit and pro......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