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Md. Salim Hossain and other Vs. Artha Rin Adalat, Munshigonj and other, 2012, 41 CLC (AD)
....btor failed to pay the decreetal amount, the decree-holder Bank on 31-01-2001 filed Artha Rin Execution Case No.02 of 2001. In the Execution case after completion of all legal formalities, notice was published for sale of the mortgaged property of the judgment debtor in auction but no bidder partici......ion No. 429 of 2010) None represented—For the Respondent (For Civil Petition No. 640 of 2010) Civil Petition for Leave to Appeal Nos. 429 with 640 of 2010. (From the judgment and order dated 18.11.2009 passed by the High Court Division in Writ Petition No.7309 of 2006) Judg......he Civil Petitions for Leave to Appeal are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 154. ......sent SK Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Md. Salim Hossain..............................Petitioner Uttara Bank Limited ..................Petitioner Vs. Artha Rin Adalat, Munshigon..Category: Civil Law | Date: 19 Apr, 2012 | Hits: 151
Government of Bangladesh and others Vs. Md. Badal and another, 2012, 41 CLC (AD)
....e above, we find merits in the appeals. Accordingly, the appeals are allowed. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 246. ......slam Sujan, Advocate with Mahbub Ali, Advocate instructed by Zainul Abedin, Advocate-on-Record—For the Respondents. (In all cases) Civil Appeal Nos.14-19 of 2005. (From the judgment and order dated the 21st day of May, 2003 passed by the High Court Division in Writ Petition Nos.6410, ...... no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 246. ...... have been heard together and are disposed of by this common judgment. 3. Facts giving rise to these appeals are as follows: The respective respondent of these two appeals as petitioners (hereinafter referred to as the petitioners) filed Writ Petition Nos.6411 and 6410 of 2001 be..Category: Criminal Law | Date: 17 Apr, 2012 | Hits: 20
Abdul Gaffar and others Vs. Sree Sree Radha Madhab Jew Deity and others, 2012, 41 CLC (AD)
.... this impugned judgment and order of the High Court Division. In the result this civil petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 697. ......iyum, Senior Advocate with him) instructed by Giasuddin Ahmed, Advocate-on-Record—For the Respondents (as added). Civil Petition for Leave to Appeal No.1645 of 2010. From the judgment and order dated 06.12.2009 passed by the High Court Division in Civil Revision No.985 of 1981.) Jud......il petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 697. ......ahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Abdul Gaffar and others..............................................Petitioners Vs. Sree Sree Radha Madhab Jew Deity and others....................Respondents ..Category: Property Law | Date: 16 Apr, 2012 | Hits: 72
Most. Umme Shaheda Akhter Rina & othersVs. Ayub Ali and others, 2012, 41 CLC (AD)
....on from selling any portion of the suit land without prior permission of the trial Court, if so advised. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 94; 17 MLR (AD) (2012) 235. ......Record-For the Respondents. (In both the cases) Civil Petition for Leave to Appeal No. 94 of 2010. With Civil Petition for Leave to Appeal No. 397 of 2010. (From the judgment and order dated 06.12.2009 passed by the High Court Division in Civil Revision Nos.3492 & 3650 of 20......f so advised. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 94; 17 MLR (AD) (2012) 235. ...... Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Most. Umme Shaheda Akhter Rina & others..................Petitioners (In Civil Petition No. 94 of 2010) Md. Habibur Rahman & others ..........Petitioners..Category: Civil Law | Date: 16 Apr, 2012 | Hits: 92
Md. Ismail and another Vs. Abul Kashem and others, 2012, 41 CLC (AD)
....eposited within 1 (one) month. The petitioners are permitted to prepare the paper book out of Court in accordance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 570. ...... Petition No.642 of 2009). Not represented-Respondents (In Civil Petition No. 684 of 2009). Civil Petition for Leave to Appeal Nos.642 of 2009 with 684 of 2009. (From the judgment and order dated 14.01.2009 passed by the High Court Division in Civil Revision Nos.1-302 of 2003 and 130......book out of Court in accordance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 570. ......a J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Md. Ismail and another..........................Petitioners (In Civil Petition No.642 of 2009) Abul Kashem.........................................Pe..Category: Property Law | Date: 15 Apr, 2012 | Hits: 149
Monsur Hossain (Md.) Vs. Rahima Khatun and others, 2012, 41 CLC (HCD)
....ecord by the trial Court failing which the plaintiff would be at liberty to execute the decree as per law. Record be send down. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 207. ......e as to why the judgment and decree dated 20-4-1999 passed by the Senior Assistant Judge, Sadar, Mymensingh in Small Cause Court Suit No.7 of 1996 should not be set-aside and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts relevant for disposal...... Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 207. ......in: 18 BLC (HCD) (2013) 207. ..Category: Property Law | Date: 12 Apr, 2012 | Hits: 6
Anti-Corruption Commission Vs. Monjur Morshed Khan & three another, 2012, 41 CLC (AD)
....pending in the High Court Division by accused-persons. These petitions are disposed of with the above observations and findings. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 124. ......e-on-record—For the Petitioners No.1 (In Criminal Petition No.234 of 2010). Criminal Petition for Leave to Appeal Nos.190-191 of 2010 with Nos. 233-234 of 2010. (From the judgment and order dated 8-12-2009 passed by the High Court Division in Criminal Appeal No. 3099, 5249, 5250 of 2......sons. These petitions are disposed of with the above observations and findings. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 124. ......mar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Anti-Corruption Commission........................Petitioner Vs. Monjur Morshed Khan & three another ...........Respondents Judgment ..Category: Anti-Corruption Laws | Date: 12 Apr, 2012 | Hits: 212
Commissioner of Customs Vs. Faridul Alam, 2012, 41 CLC (AD)
..... Accordingly, the appeal is allowed. The impugned judgment and order is set-aside. There will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 133. ......ral, instructed by Md. Zahirul Islam Advocate-on-Record—For the Appellants. Sufia Khatun, Advocate-on-Record—For Respondent. Civil Appeal No. 478 of 2009. (From the judgment and order dated the 7th day of May, 2009 passed by the High Court Division in Writ Petition No.2775 of ......l be no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 133. ......ision (Civil) Present: Surendra Kumar Sinha J Md. A Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Shamsul Huda J Commissioner of Customs......................Appellants Vs. Faridul Alam............................Category: Fiscal/Taxation Law | Date: 11 Apr, 2012 | Hits: 9
Government of Bangladesh and others Vs. Md. Abdus Sattar and others, 2012, 41 CLC (AD)
....tement 1 (one) week thereafter to make the appeal ready for expeditiously. Parties are at liberty to mention the appeal for early hearing. Ed. This Case is also Reported in:9 ADC (2012) 662. ......nstructed by Md. Zahirul Islam, Advocate-on-Record—For Respondent No.1. Not represented-For Respondent Nos.2-12. Civil Petition for Leave to Appeal No.261 of 2011. (From the judgment and order dated 4th May, 2010 passed by the High Court Division in Writ Petition No.7942 of 2009). Or......arties are at liberty to mention the appeal for early hearing. Ed. This Case is also Reported in:9 ADC (2012) 662. ...... Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Government of Bangladesh and others………………………Petitioners Vs. Md. Abdus Sattar and others...................................Respondents Order ..Category: Employment/Service Law | Date: 11 Apr, 2012 | Hits: 120
Momtaj Ali @ Babul Vs. Md. Shamsul Huda, 2012, 41 CLC (AD)
....six) months more. The concerned Jail Authority is directed to shift the appellant to the convict wards from the death cell. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 122. ......yers Involved: Sarwar Ahmed, Advocate—For the Appellant. Karunamoy Chakma, Deputy Attorney-General—For the Respondent. Jail Appeal No. 2 of 2006 (From the judgment and order dated the 5th and the 6th of July, 2004 passed by the High Court Division in Death Reference N......ty is directed to shift the appellant to the convict wards from the death cell. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 122. ......judged by looking at the material contradictions in his testimony from the FIR.......... (15) Justice would be best served if the sentence awarded against the appellant is altered into one for imprisonment for life with fine. The appellant could not be solely saddled with the &qu..Category: Criminal Law | Date: 10 Apr, 2012 | Hits: 2
Government of Bangladesh and others Vs. Jamaluddin and another, 2012, 41 CLC (AD)
.... madrasha was enlisted in the list of MPO on 6-5-2010 at serial No.13 (Annexure-C). Subsequently by issuing memo No. Shim/Sha-13/MPO-12/2009/209 dated 31-5-2010 (Annexure-D) the Ministry of Education published the list of 1483 educational institutions which were enlisted in the list of MPO wher......12). None Represented—Respondent Nos.2-9 (In Civil Petition No.1988 of 2011) Civil Petition for Leave to Appeal Nos. 350 of 2012, 1988 & 1589 of 2011. (From the judgment and order dated 6-1-2011 passed by the High Court Division in Writ Petition No. 5184 of 2010, from the j......d. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 135 ......nt: Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Anwarul Haque J Government of Bangladesh and others……………….Petitioners Vs. Jamaluddin and another…………………&h..Category: Constitutional Law | Date: 10 Apr, 2012 | Hits: 13
Securities and Exchange Commission Vs. Dona Securities and others, 2012, 41 CLC (AD)
....ellant is directed to file the concise statements within 4 (four) weeks from the date of receipt of the leave granting order. Ed. This Case is also Reported in: 9 ADC (2012) 802. ......instructed by Muhammad Nawab Ali, Advocate-on-Record—For the Petitioner. Not represented-For Respondents. Criminal Petition for Leave to Appeal No.175 of 2009. (From the judgment and order dated 11th November, 2007 passed by the High Court Division in Criminal Miscellaneous Case No....... within 4 (four) weeks from the date of receipt of the leave granting order. Ed. This Case is also Reported in: 9 ADC (2012) 802. ......resent: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Muhammad Imman Ali J Md. Shamsul Huda J Securities and Exchange Commission represented by its Chairman.......Petitioner Vs. Dona Securities Chamber Building (2nd floor) 122-124, Motijheel C/A, Dhaka and ot..Category: Business or Commercial Law | Date: 10 Apr, 2012 | Hits: 212
Palash Barua & others Vs. Anil Kumar Barua and others, 2012, 41 CLC (AD)
....d reason to interfere with the impugned judgment and, as such, the Civil Petition for Leave to Appeal No.395 of 2010 is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 96. ......None Represented—For the Respondent Nos.1-18. Civil Appeal No.395 of 2010. Judgment Md. Shamsul Huda J.- The instant Civil Petition for Leave to Appeal is directed against the judgment and order dated 19-11-2009 passed by a Single Bench of the High Court Division in Civil Revision No. 221......on for Leave to Appeal No.395 of 2010 is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 96. ......Supreme Court Appellate Division (Civil) Present: Surendra Kumar Sinha J Md. AWahhab Miah J Md. Imman Ali J Md. Shamsul Huda J Palash Barua & others ...............Petitioners Vs. Anil Kumar Barua and others............Respondents Judgment April 9, 2012. ..Category: Procedural Law | Date: 9 Apr, 2012 | Hits: 30
Category: Company Law | Date: 9 Apr, 2012 | Hits: 223
Majad Hossain and another Vs. State, 2012, 41 CLC (AD)
....modifications of the ordering portion of the judgments of the High Court Division, both petitions are dismissed. Ed. This Case is also Reported in: 32 BLD (AD (2012) 214; 17 BLC (AD) (2012)177. ...... 1881 (the Act, 1881). 4. On receipt of the petition of complaint, the Metropolitan Magistrate after examining the complainant under section 200 of the Code of Criminal Procedure (the Code) by his order dated 01.01.2008 took cognizance in the case against the accused-petitioner under sections 138......n, both petitions are dismissed. Ed. This Case is also Reported in: 32 BLD (AD (2012) 214; 17 BLC (AD) (2012)177. ......rt Appellate Division (Civil) Present: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Muhammad Imman Ali J Md. Shamsul Huda J Majad Hossain…………………………Petitioners Vs. The State…………………….. Respondents (In Criminal Petition No. 364 of 20..Category: Banking Law | Date: 8 Apr, 2012 | Hits: 618
ABC Attire Ltd. Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....by the Bank a certificate was issued on 29.3.2008 under section 33(5) of the Ain in favour of the Bank for possession and enjoyment of the property as well as to sell the property. Subsequently, Bank published auction sale notices in three daily newspapers but without result. Thereafter, the Bank ag......he Guidelines dated 29-9-2010. Hence, this Writ Petition. 4. The petitioner subsequently filed an application for issuance of supplementary rule stating that after issuance of the rule with an order of stay, the petitioner communicated the same to the Bank and came to know that the mortgaged ......s vacated. Communicate the Judgment to respondent No.10 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 399. ......(HCD) (2012) 399. ..Category: Civil Law | Date: 4 Apr, 2012 | Hits: 45
Rakibul Islam Vs. State, 2012, 41 CLC (HCD)
....used is on bail obtained from this Division, he is to be discharged from his bail bond. Send down the Lower Court Records. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 438. ...... Criminal Appeal No.1966 of 2011. Judgment Md. Rezaul Hasan J.- This appeal, preferred under section 28 of the Nari-o-Shishu Nirjatan Daman Ain, 2000, is directed against the Judgment and order of conviction and sentence dated 2-4-2011 (signed on 5-4-2011) passed by the Bicharak, Nari-o-...... to be discharged from his bail bond. Send down the Lower Court Records. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 438. ......tan Daman Tribunal No.1 Rajshahi convicting the appellant under section 11(Ga) of the Nari-o-Shishu Nirjatan Daman Ain, 2000 (as amended 2003) and sentencing him to suffer rigorous imprisonment for 1(one) year with a fine of Taka 500 (Taka five hundred) only, in default to suffer rigorous imprison..Category: Women and Children | Date: 3 Apr, 2012 | Hits: 64
Shyzuddin and others Vs. Md. Babul Gorapi and another, 2012, 41 CLC (HCD)
.... Rule is discharged. The stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Soumendra Sarker J.- I agree. Ed. This Case is also Reported in: ......ign used by them and that of the complainant were not same. The Magistrate heard the application, rejected the same and framed charge against the petitioners under sections 482 and 483 of the Code by order dated 19.3.1998. In that event, the petitioners moved in this Court with the present miscellan......of issuance of Rule is vacated. Communicate a copy of the judgment. Soumendra Sarker J.- I agree. Ed. This Case is also Reported in: ......ivision (Criminal Miscellaneous Jurisdiction) Present: Soumendra Sarker J Md. Ruhul Quddus J Shyzuddin and others…………………Petitioners Vs. Md. Babul Gorapi and another………………&hel..Category: Intellectual Property Law | Date: 2 Apr, 2012 | Hits: 218
Sohel Rana Shippon (Md.) and others Vs. State, 2012, 41 CLC (AD)
.... the earlier sentence awarded by the Tribunal. 14. With the observations and direction made above, the appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 160. ......or the Appellants. Sorwar Ahmed, Deputy Attorney General, instructed Md. Shamsul Alam Advocate-on-Record—For the Respondent. Criminal Appeal No.26 of 2006. (From the judgment and order dated 11th April, 2004 passed by the High Court Division in Criminal Miscellaneous Case No.981...... 14. With the observations and direction made above, the appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 160. ......012. Result: The appeal is dismissed. Nari-o-Shishu Nirjatan Daman Ain, 2000. Section 7 of the Ain, 2000 concerns abduction of any woman or child for any of the purposes mentioned in section 5 of the Ain. Section 8 of the Ain, 2000 concerns the offence of confining any woman..Category: Criminal Law, Women and Children | Date: 1 Apr, 2012 | Hits: 5
Md. Mostafa Vs. Bedena Khatun and another, 2012, 41 CLC (HCD)
....no merit, is discharged. The stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Soumendra Sarker J.- I agree. Ed. This Case is also Reported in: ......etition. 4. The Magistrate heard the matter, and as the alleged offence was triable by a Nari-o-Shishu Nirjatan Damon Tribunal, advised her to approach the Tribunal and thus filed the case by his order dated 28.9.1996. Subsequently on an application filed by the complainant, the Magistrate sent ......he time of issuance of Rule is vacated. Communicate a copy of the judgment. Soumendra Sarker J.- I agree. Ed. This Case is also Reported in: ......also Reported in: ..Category: Women and Children | Date: 1 Apr, 2012 | Hits: 158