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Ziaur Rahman (Md.) Vs. Artha Rin Adalat & others, 2010, 39 CLC (HCD)
....he learned Advocate has argued that since no such notice under section 30 of the Artha Rin Adalat Ain, 2003 was issued at all in this execution case all the orders passed in this execution case are illegal. The learned Advocate for the writ-petitioner has argued also that the impugned orders issuing......law and in the light of observations made above. The order of stay granted at the time of issuance of rule stands vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 189. ..Category: Civil Law | Date: 14 Jul, 2010 | Hits: 48
General Manager, Meghna Petroleum Ltd. and others Vs. Sultan Ahmed and others, 2010, 39 CLC (AD)
....ssued a rule nisi on 10th December, 2002 calling upon the writ respondents to show cause as to why the aforesaid orders should not be declared to have been made without lawful authority and are of no legal effect. No interim order of stay was made at the time of issuance of the rule nisi. Thereafter...... disposed of in the High Court Division expeditiously. This appeal is disposed off with the above observations and directions. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 1 ..Category: Constitutional Law | Date: 13 Jul, 2010 | Hits: 4
ATM Salim Chowdhury Vs. State, 2010, 39 CLC (HCD)
.... to the great prejudice of the complainant who is entitled to prove his case on evidence. Similarly, it has been held in the case reported in 60 DLR (2008), 677 that, whether the accused received the legal notice or not is merely a disputed question of fact and the same should be decided in trial. I......anted earlier by this Court shall stand vacated. Communicate the order at once. Salma Masud Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 494. ..Category: Banking Law | Date: 13 Jul, 2010 | Hits: 187
AL-Arafah Islami Bank Limited Vs. M/S. Nobel Enterprise, 2010, 39 CLC (HCD)
....aed, Advocate - For the opposite party. Civil Revision No.472 of 2006. Judgment Syed Md. Ziaul Karim J.- This Rule, at the instance of Judgment-debtor petitioner calls in question the legality and propriety of the Judgment and order dated 21-09-2005 passed by learned Additional Distr......on Case No. of 2004 within four months from the date of receipt of this order. Office is directed to send down the record at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 351. ..Category: Procedural Law | Date: 12 Jul, 2010 | Hits: 28
Kohinoor Chemical Co. (BD) Limited Vs. Unilever Bangladesh Limited, 2010, 39 CLC (HCD)
....e Respondent. FMA No. 328 of 2009 with Civil Rule No. 931(FM) of 2009. Judgment Syed Md. Ziaul Karim J.- This appeal, at the instance of defendant appellant calls in question the legality and propriety of the judgment and order dated 10-11-2009 passed by learned Additional Distr......acter of the subject matter of the suit should be protected so long the dispute is pending before the Court. Therefore, we hold that ends of justice will be met if the parties be directed to maintain status quo in respect of manufacturing, distributing, selling and marketing of their respective prod..Category: Intellectual Property Law | Date: 11 Jul, 2010 | Hits: 269
Monir Hossain (Md.) and anothers Vs. Bangladesh and others, 2010, 39 CLC (AD)
.... analogously. 7. It is contended on behalf of the petitioners that the High Court Division erred in law in maintaining the impugned Notification in failing to consider that the Government had 10 legal authority to cancel the viva-voce result conducted by the PSC, inasmuch as, the latter is in i......No.2081 of 2008. The petition is accordingly dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 41, VIII ADC (2011) 404, 8 LG (AD) (2011) 141, 16 MLR (AD) (2011) 245. ..Category: Employment/Service Law | Date: 11 Jul, 2010 | Hits: 104
....3 of 2009 a Rule Nisi was issued on the following terms:
Let a Rule Nisi issue calling upon the respondents to show cause as to why their failure to act in a timely manner and to comply with their legal and constitutional duties to take effective measures to prevent the imposition and execution o......as across the country have been subjected to whipping, lashing and beating in imposition and execution of certain penalties, by private individuals acting without any authority of law. Apart from the status of Fatwas which is pending decision in the Appellate Division, imposition and execution of pu..
Category: Women and Children | Date: 8 Jul, 2010 | Hits: 335
Dhirendra Nath Mondal Vs. Agrani Bank Ltd and others, 2010, 39 CLC (HCD)
....s as defendants for a declaration that the preliminary decree dated 30-2-1997 and final decree dated 12-3-2001 passed in Artha Rin Suit No.35 of 1996 covering the property of the plaintiff was illegal, collusive, inoperative and not binding upon him. 3. The plaintiff's case, in short, ......3 of 2001 is hereby affirmed. However, there will be no order as to costs. Send down the lower Court's record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 301. ..Category: Civil Law | Date: 7 Jun, 2010 | Hits: 6
Md. Sahab Uddin Vs. State and another, 2010, 39 CLC (HCD)
....utch Bangla Bank Ltd., Jublee Road Branch, the bank of the payee, for collection, but all the cheques were returned due to insufficiency of fund. Thereafter, as stated in the petition of complaint, a legal notice dated 30.11.2008 was issued by the payee upon the accused petitioner claiming the amoun......ult, the rule is discharged. The order of stay granted earlier by this Court shall stand vacated. Communicate the order at office. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 467. ..Category: Civil Law | Date: 30 May, 2010 | Hits: 43
Abul Hashem Vs. State, 2010, 39 CLC (HCD)
.... to prove the case against the appellants, beyond all reasonable doubt and, as such, the learned trial Court ought to have acquitted the appellants but without considering the said principle of law illegally convicted the appellants. The learned Senior Counsel further submits that in the instant cas......e set at liberty at once if not wanted in connection with any other case. Send down the LC records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)16. ..Category: Evidence Law | Date: 26 May, 2010 | Hits: 8
Commissioner of Customs and others Vs. M/S. Sunlit Fashion Limited, 2010, 39 CLC (AD)
....y the imported fabrics, in the above letter they, in terms of sub- section (2) and (3) of section 13 of the Customs Act, 1969, was asked to show cause within 7 days and in case of failure appropriate legal action should not be taken against them. The respondent further stated that they, having not r...... order dated 2.11,2002 passed by the High Court Division is set aside. The appeal is allowed without any order as to cost. This Case is also Reported in: 16 MLR (AD) (2011) 54, VIII ADC (2011) 29. ..Category: Fiscal/Taxation Law | Date: 19 May, 2010 | Hits: 63
Roshanally Mohamed Harji and another Vs. AKM Zakir Hossain and another, 2010, 39 CLC (HCD)
....tive asset on both sides as to the terms of the contract, it is sufficiently definite and certain, the parties have the capacity to the contract, it is upon a valuable consideration and is not be illegal…………………………………(15) The contract must have the essentials of a ......ut any order as to costs. Sent down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 85; 20 BLT (HCD) (2012) 532 . ..Category: Property Law | Date: 12 May, 2010 | Hits: 133
Nazma Sarwar and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....ed in Special Case No.11 of 2008 (arising out of Gulshan P.S. Case No.26(1)08 by the Special Judge, Court No.7, Dhaka, Should not be declared to have been passed without lawful authority and is of no legal effect. 2. None appeared for the petitioner when the matter was taken up for hearing. Mr.......opy of this judgment be transmitted to the Court concerned at once. SM Emdadul Hoque J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 359; 17 MLR (HCD) (2012) 412. ..Category: Procedural Law | Date: 6 May, 2010 | Hits: 109
Sarwar Hossain Moni Vs. State and another, 2010, 39 CLC (HCD)
....nant presented the cheque through IFIC Bank Bangshal Branch on 10-6-2008 for encashment but it was bounced with the remarks “Insufficient of funds” on 15-6-2008. Then the complainant served a legal notice on 22-6-2008 under section 138 of the Negotiable Instrument Act, 1881 demanding payment......ed to dispose of the case as expeditiously as possible. Let a copy of this order be communicated to the Court concerned immediately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 510...Category: Banking Law | Date: 6 May, 2010 | Hits: 573
Amina Khatun and others Vs. State and others, 2010, 39 CLC (HCD)
....andoned property after 1969. It can be relied upon the case of Government of Bangladesh Vs. Paresh Chandra Gharani, 50 DLR(AD) 70 wherein it has been held that when the Government failed to prove the legal foundation for enlisting the suit property in the census report of the vested property and the......n Title Suit No.351 of 1994 is set-aside. Title Suit No.351 of 1994 is decreed. Send down the lower Court records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 106. ..Category: Property Law | Date: 26 Apr, 2010 | Hits: 9
Abu Borhan Khan Khokon Vs. The State & another, 2010, 39 CLC (HCD)
....pears from application is that the petitioner never received the alleged notice under section 138 of the Negotiable Instruments Act, 1881, that the complainant at first by his learned advocate sent a legal notice under section 138 of the Negotiable Instruments (Amendment) Act, 2006 on 22.08.2006 but...... The order of stay granted earlier shall stands vacated. Send a copy of this judgment to the Court concerned for compliance. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 300...Category: Banking Law | Date: 25 Apr, 2010 | Hits: 177
Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....n on admitted facts no case stands against the accused; (2) Where the institution and continuation of the proceeding amounts to an abuse of the process of the Court; (3) Where there is a legal bar against the initiation or continuation of the proceeding; 4) In a case where the all...... now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 22; 30 BLD (HCD) (2010) 429 ...Category: Criminal Law | Date: 22 Apr, 2010 | Hits: 107
Kazi Md. Abdul Basit Vs. State, 2010, 39 CLC (HCD)
....iminal Petition for Leave to Appeal before this Court. 8. Mr. Joynul Abedin, the learned Advocate-On-Record appearing on behalf of the petitioner submits that the High Court Division committed illegality in passing the impugned judgment and order dated 10.02.2009 in discharging the Rule and fai......ned of must be such that the same cannot be separated from the discharge of official duty, but if there was no reasonable connection between them and the performance of those duties, and the official status furnishes only the occasion or opportunity for the acts, then no sanction would be required.&..Category: Criminal Law | Date: 13 Apr, 2010 | Hits: 119
Md. Amzad Hossain Sarder alias Bhojey and others Vs. State, 2010, 39 CLC (HCD)
....cation under Section 439 of the Code of Criminal Procedure. 4. Mr. A.Y. Masihuzzaman the learned Advocate appearing for the accused petitioner submits that the learned Sessions Judge committed illegality in framing charge by rejecting the application under Section 265C of the Code of Criminal P......not inclined to interfere with the impugned order. In the result, the rule is discharged. Communicate the order forthwith. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 416. ..Category: Evidence Law | Date: 12 Apr, 2010 | Hits: 8
Md. Osman Gani alias Faruq Mia Vs. Deputy Commissioner and others, 2010, 39 CLC (HCD)
....- For the opposite parties. Civil Revision No.1662 of 2009. Judgment Syed Md. Ziaul Karim J.- This Rule, at the instance of plaintiff Respondent petitioner, calls in question the legality and propriety of Judgment and order dated 10-02-2009 passed by learned Additional District ....... Office is directed to communicate the order at once. Syed Md. Ziaul Karim J.- I Agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 179; 18 BLT (HCD) (2010) 311 . ..Category: Procedural Law | Date: 6 Apr, 2010 | Hits: 111
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