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

.... any order as to costs with the above observations. This judgment would govern both the appeals. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 1, 17 BLC (AD) (2012) 14, VIII ADC (2011) 879. ......-owners’ of the land they are not unauthorized occupants within the meaning of the said Ordinance and therefore, section 5 which authorized the appellants to evict the unauthorized occupants has no application to the writ petitioners. The expression ‘joint owners’ according to the said diction..

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

Md. Abul Hashem Vs. State, 2011, 40 CLC (HCD)

....nted with any other case. Send down the lower Court records at once. Md. Rezaul Hasan J.- I agree. Ed. This Case is also Reported in: 16 BLC (2011) 699, 31 BLD (HCD) (2011) 427. ......of judgment he remained absent as a result the judgment was passed in his absence and thereafter he was arrested, as a result he could not file appeal in due time and as such he preferred the instant application under Section 561A of the Code of Criminal Procedure upon which rule was issued. 3...

Category: Women and Children | Date: 15 May, 2011 | Hits: 95

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

....authorized, is maintained. No order as to costs. This Case is also Reported in:                   ......ssuing of a suo moto Rule by the High Court Division. 3. Generally, the High Court Division under Article 102 (2) of the Constitution of Bangladesh, is empowered to make an order, firstly, on an application, and secondly, the said application is to be made by an aggrieved person. The objection ..

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

Shahnaj Begum Munni Vs. State and another, 2011, 40 CLC (HCD)

.... the Metropolitan Sessions Judge, Chittagong are quashed. Let a copy of this judgment be immediately transmitted to the Court below. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 357.......shid Alam Khan with Mr. Rezaul Karim, Advocates - For the Petitioner. Sirajuddin Ahmed, Advocate - For the complainant opposite party no. 2. Criminal Miscellaneous Case No. 19057 of 2010 (An application u/s 561A of the Code of Criminal procedure, 1898 for quashment of the proceedings of the..

Category: Banking Law | Date: 12 May, 2011 | Hits: 251

Obaidul Kader (Md.) Vs. State, 2011, 40 CLC (HCD)

..... The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 425. ...... the Special Tribunal Case No.4 of 2008 has been registered. 5. The case was then transferred to the Special Court No.7, Dhaka for trial. The accused-petitioner, in the course of trial, filed an application before the Special Judge, Court No.7, Dhaka an application under section 241A of the Cod..

Category: Anti-Corruption Laws | Date: 11 May, 2011 | Hits: 223

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

....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: .......87 for an amount of Tk. 30,000/- as cash credit (C.C.) and Hypo 55. Thereafter on 18.10.1987 the defendant applied for renewal of the loan and to increase the amount of the loan. On the basis of his application on 21.10.1987 vide letter No. ZOJ/CC/ ST, B/30/87 the loan amount was increased to Tk. 5..

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

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

....the share certificate nor had she mortgaged her shares or made any lien against the said shares. The plaintiff fur­ther requested the defendant bank to for­ward the share script or to issue a fresh/ duplicate script. (viii)That in the above circumstances, the defendant bank by its lette......Hossain by forging her signature and fur­ther came to know that Md Sarkum Ali, Director of defendant Bank had deposited the share certificate to the Bank. The plain-tiff, thereafter, submitted an application on 21-5-1990 to the defendant No.2 for can­celling the prayer for transfer of share...

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: ......nt only to gain unlawful profit. 17. In his examination-in-cross the D.W.1 stated that he has filed power of Attorney on behalf of the defendant Nos.1 and 3 in the office of this court when the application for release of the vessel was filed for which he could not exhibit the said power of Att..

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

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

....-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.......10 under section 11(Ga)/ 30 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 (amended 2003), now pending in the Court of learned Judge, Nari-o-Shishu Nirjatan Daman Tribunal, Brahmanbaria, rejecting the application for bail of the accused appellant. 2. The fact relevant for disposal of the appeal,..

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

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: ......goods and if everything in good order then to arrange for clearance of the cargo from the port observing all customs formality. The C&F agent submitted bill of entry on 3-5-1993 and filed written application to the customs authority for exclusion of the goods from the auction list in return to w..

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: ......ocate for the respondent No. 2 and 4 defaulting borrowers (খেলাপী ঋন গ্রহীতা)in the CIB report and so, there is no scope to treat them as defaulting borrowers and if any application for loan of the petitioners is refused by any bank that must be due to some other reason..

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

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

.... Pourashava Election including the names of Pourashavas namely Cox's Bazaar Sadar, Chakoria, Tecknaf and Maheshkhali for holding 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 with­o......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)

.... 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: ......the petitioners. Not represented- the Opposite parties. Civil Revision No.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..

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

Md. Aynal Haque Vs. State, 2011, 40 CLC (HCD)

.... sentence to the period undergone with fine as stated above. Send down the L.C. R. along with the judgment to the Courts below. Md. Ashraful Kamal J.- I agree. This Case is also Reported in: ......convicted the petitioner and sentenced him as stated above. 8. Being aggrieved there against since the petitioner could not prefer any appeal within time, he obtained the instant rule on filing an application under section 561A of the Code of Criminal Procedure. 9. We have heard both the sides..

Category: Women and Children | Date: 30 Mar, 2011 | Hits: 100

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

....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. ......h under CS Plot No.642 of Mouza Khilgaon as per section 3 of the ইমারত নির্মান বিধিমালা, ১৯৯৬. There­fore, appellant upon scrutiny of the aforesaid application approved the same as per section 3(1) of the ইমারত নির্মান ব..

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. ......Chowdhury J Md. Zaved Khan…………………….Petitioner Vs. Anti Corruption Commission and others………………………..Respondents Order March 22, 2011. Result: The application is summarily reject­ed. Lawyers Involved: Md. Hedayet Ullah, Advocate - For the P..

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

Zahidur Kazi and others Vs. State, 2011, 40 CLC (HCD)

....to cancel the bail, if the accused appellants misuse in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......arned Assistant Attorney General appearing for the respondent opposes the appeal. 5. Heard the learned advocate of both the sides and perused the FIR and other relevant documents annexed to the application for bail together with the impugned order. 6. On perusal of the deposition of the v..

Category: Women and Children | Date: 22 Mar, 2011 | Hits: 77

Uniroyal Securities Ltd. Vs. Commissioner of Taxes, 2011, 40 CLC (HCD)

....any order as to cost. The Registrar of the Supreme Court is directed to take necessary steps under section 162 of the Ordinance. Ed. This Case is also Reported in: 63 DLR (2011) 676. ......uty Attorney General appearing with Mrs. Mahfuza Begum, the learned Assistant Attorney General, on the other hand, by filing affidavit-in-opposition, on behalf of the respondent opposes the reference application and submits that the Appellate Tribunal was justified in law in rejecting the appeal as ..

Category: Fiscal/Taxation Law | Date: 21 Mar, 2011 | Hits: 123

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 ......imit as granted by the Appellate Division and, as such, they were not entitled to get any deed exe­cuted and registered through Court and the decree became infructious. The plaintiff submitted an application on 29-4-1986 for getting back the rent from the defendant Nos.1 and 2 and that was objec..

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

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

....he result, the Rule is discharged without any order as to costs. The order of status quo passed on 6.8.2002 is vacated. Send down the lower Court records. Ed. This Case is also Reported in: ......que, appearing for Md. Abdul Jabber, Advocate-For opposite party No.1. Civil 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..

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