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Manager, Rupali Bank Ltd. Vs. M/S New Music Corner and another, 2011, 40 CLC (HCD)
.... the Defendant-Respondents. First Appeal No. 635 of 2000. Judgment Obaidul Hassan J.- This appeal is directed at the instance of the plaintiff-appellant against the judgment and decree dated 06.04.2000 (decree signed on 10.04.2000) passed by the Subordinate Judge, Artha Rin Adalat, Bo......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: ..Category: Banking Law | Date: 18 May, 2011 | Hits: 209
Monzur Ahmed Bhuiyan & others Vs. Adilur Rahman Khan and others, 2011, 40 CLC (AD)
....or the Respondent Nos.1, 2 and 4. Not represented—For the Respondent Nos. 3, 5-6 and 8-9. Civil Petition for Leave to Appeal No.1816 of 2010. (From the judgment and order dated 13-11-2008 passed by the High Court Division in Writ Petition No. 6488 of 2008). Judgment......y. c) The Ordinance was made for the benefit of the offenders which is not permissible tinder the Constitution and volatile of Rule of Law. d) The impugned Ordinance is a result of a policy decision of the Government, as such, is violative of Article 58D (1) of the Constitution. e) Th..Category: Constitutional Law | Date: 16 May, 2011 | Hits: 267
Major (Retd.) Rafiq Hasan Faruq Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....ation filed under Article 102 of the Constitution a Rule Nisi was issued in the following terms: "Let a Rule nisi be issued, calling upon the respondents; to show cause as to why the Order No. 28, dated 18.4.2010, (Annexure-E), passed by Artha Rin Adalat, 1st Court, Dhaka, in Artha Execution Case......ers.................................Respondents Judgment May 16, 2011. Result: The Rule is made absolute. Case Referred to- SDS Dairy Limited Vs. Bangladesh and others. ( unreported decision) Lawyers Involved: Shah Md. Munir Sharif with Mohammad Imran Jahangir, Advocate - For..Category: Banking Law | Date: 16 May, 2011 | Hits: 179
S.M. Humayun Kabir Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... Farah Mahbub J. - In this Rule under Article 102 of the Constitution of the People’s Republic of Bangladesh the respondents have been called upon to show cause as to why the impugned order dated 22.07.2008 passed by the respondents releasing the petitioner from service on accepting his ......ion on the issue of the petitioner (Annexure-L). Vide letter dated 28.02.2008 the Ministry of Establishment stated, inter alia, that the appointing authority in its discretion could take any decision in this regard i.e., it could either accept the resignation or accept the withdrawal of re..Category: Employment/Service Law | Date: 15 May, 2011 | Hits: 22
Government of Bangladesh and Others Vs. Md. Gias Uddin Chowdhury and Others, 2011, 40 CLC (AD)
....inasmuch as, all subsisting right, title interest in the acquired part of land stand extinguished and vest absolutely in the acquiring body free from all encumbrances on and from Gazette Notification dated 31 May 1951, under section 5(7) of the Act, 1948. b) the disputed land comprised in C.S. Plo...... 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. ..Category: Property Law | Date: 15 May, 2011 | Hits: 100
Md. Abul Hashem Vs. State, 2011, 40 CLC (HCD)
....852 of 2007. Judgment Md. Shamsul Huda J.- The instant rule was issued on 13.2.2007 calling upon the opposite party to show cause as to why the judgment and order of conviction and sentence dated 30.3.2005 passed by the learned Judge, Nari-0-Shishu Nirjaton Domon Special Tribunal No.1, Dha......ed as of no evidence. Further she submits that the apex court of this country has formulated some categories of cases where the High Court should interfere to quash the criminal proceeding and in the decision passed in the case of Abdul Quader Chowdhury and others Vs. The State, reported in 28 DLR (..Category: Women and Children | Date: 15 May, 2011 | Hits: 95
....ল-মারুফ।- As amici curiae 5 (five) Olayma Kerams.
(As referred by the Islamic Foundation)
Civil Appeal Nos.593-594 of 2001.
(From the judgment and order dated 1st January,2001 passed by the High Court Division in Writ Petition No.5897 of 2000).
Jud......aid provision. In the process, he unknowingly made another history. He suo moto declared the concerned provision of the Judiciary Act ultra vires the Constitution. This is possibly the first suo moto decision made by a superior Court more than two hundred years ago.
These could be made possible..
Category: Civil Law | Date: 12 May, 2011 | Hits: 34
Shahnaj Begum Munni Vs. State and another, 2011, 40 CLC (HCD)
.... loan within a period of 6 (six) months. However, on behalf of the husband of the accused-petitioner, she (accused-petitioner) provided the complainant with a cheque of Tk. 30 lac bearing no. 6669851 dated 02.04.2009 for repayment of the loan. The cheque was presented for encashment with the Janata ...... 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...Category: Banking Law | Date: 12 May, 2011 | Hits: 251
Rupali Bank Ltd. Vs. Sree Babu Jiban Kumer Shaha, 2011, 40 CLC (HCD)
....epresented- the Respondent. First Appeal No. 68 of 1998. Judgment Obaidul Hassan J. - This appeal is directed at the instance of the plaintiff appellant against the judgment and decree dated 30.07.1997 passed in Artha Rin Suit No. 14 of 1996 passed by the Subordinate Judge, Artha Rin ...... amount. Accordingly, the time was further extended by the plaintiff bank for repayment of the loan amount. But subsequently the defendant did not pay the loan to the plaintiff. The government took a decision to give some exemption to the loanees subject to regularization of the loan. Accordingly, t..Category: Banking Law | Date: 11 May, 2011 | Hits: 210
Syed Moazzem Hossain (Md.) Vs. Tahsia Khanam and others, 2011, 40 CLC (HCD)
....mzan Ali Sikder, Advocate—For the Respondent Nos.2-5. First Appeal No.196 of 2006. Judgment Shahidul Islam J.- The added defendant No.7 being aggrieved by the judgment and decree dated 31-3-2005 passed by the learned Joint District Judge, 5th Court, Dhaka in Title Suit No.181 of......uly signed by her as the transferor with the signature of the respective transferees. (iv) That Md. Sarkum Ali by his letter dated 26-5-1990 informed the bank that there has been a change in the decision to transfer the shares in favour of the spouse of the plaintiff, Altaf Hossain Ashu Mi..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)
....gement fee including seamen’s wages to the Bank account of the manager by telegraphic transfer. The plaintiff also supplied bunkers to the defendant No. 1 vessel through lubricants delivery receipt dated 19-10-2008 at the port of Masan in Republic of Korea. 4. The plaintiff also supplied nece......ship management agreement to pay the plaintiffs dues, in default the vessel will be sold in order to realize the decreetal amount. In this respect the learned Advocate Mr. Kamal-ul-Alam relied on the decision of an unreported case of this court in Admiralty Suit No. 37 of 1999 and also cases reporte..Category: Admiralty Law or Maritime Law | Date: 4 May, 2011 | Hits: 70
Hossain Md. Rajib Vs. State, 2011, 40 CLC (HCD)
....l and Monzu Naznin (Rosy), Assistant Attorney-General - For the State. Criminal Appeal No. 457 of 2011. Judgment Md. Shamsul Huda J.- This appeal was preferred challenging the order dated 19-1-2011 passed by the learned Judge, Nari-o-Shishu Nirjatan Daman Tribunal, Brahmanbaria in ......has forgotten the established principle of law in respect of granting bail and rejecting the application for bail. She has violated the principle of dispensation of criminal justice. In series of decision of the apex Court it is held that imposing of condition in granting bail is not sustainab..Category: Women and Children | Date: 2 May, 2011 | Hits: 171
M/S. Ace Traders Vs. M. V. DIJENDRALAL and Others, 2011, 40 CLC (HCD)
....Water Transport Authority (BIWTA), M/S. Sontosh Overseas Freight, Business Services Corporation and Rupali Bank Ltd., as principal defendants and also added defendant No.10 by an order of this Court, dated 14-8-1996, M/S. Atlas Shipping Lines Ltd., as principal defendant whereupon Deputy Collector o......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: ..Category: Admiralty Law or Maritime Law | Date: 27 Apr, 2011 | Hits: 64
National Board of Revenue and others Vs. Lt. Col. Kazi Shahid Ahmed (Retd.), 2011, 40 CLC (AD)
....ecord-For Appellants. AM Aminuddin, Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For the Respondent. Civil Appeal No.70 of 2004. (From the judgment and order dated 21st July, 2002 Passed by the High Court Division in Writ Petition No.1953 of 1996) Judgm......pany comes under ‘অব কাঠামো যোগাযোগ মাধ্যম’, as such, it is entitled to pay VAT at the rate of 4.50%. The High Court Division also found that the decision given by the National Board of Revenue to pay at the rate of 4.50%could not be overridden b..Category: Fiscal/Taxation Law | Date: 26 Apr, 2011 | Hits: 217
A. M. Anwarul Haque Vs. State, 2011, 40 CLC (HCD)
....r the respondent. Criminal Appeal No. 2797 of 2002. Judgment Md. Ruhul Quddus J. - This appeal under section 10 of the Criminal Law Amendment Act, 1958 is directed against judgment and order dated 29.8.2002 passed by the Special Judge, Sylhet in Special Case No.123 of 2001 convicting the ap......side. The appellant is released from his bail bond. Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: 25 Apr, 2011 | Hits: 200
Padma Oil Company Limited Vs. Md. Abdus Samad and others, 2011, 40 CLC (AD)
....n favour of the writ-petitioner on certain terms and conditions. Before issuing the Letter of indent, the Bangladesh Petroleum Corporation cancelled the approval on the basis of the Ministry's memo dated 14th July, 2003 and informed the same to the petitioner. In such situation the petitioner di......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. ..Category: Others | Date: 7 Apr, 2011 | Hits: 7
Kartic Das Gupta Vs. Election Commission of Bangladesh and others, 2011, 40 CLC (AD)
....e Hossain, Advocate-on-Record- For Respondent No.10. None represented-For Respondent Nos.1-9 and 14-16. Civil Petition for Leave to Appeal No. 511 of 2011. (From the judgment and order dated the 15th day of February, 2011 passed by the High Court Division in Writ Petition Nos. 9748 of......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)
..... 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, Gaibandha in Other Appeal No.40 o...... and passed the impugned judgment in total non-consideration and misreading of the plaintiffs’ evidence, and therefore, it is incumbent on this Court to consider the same and to arrive at a correct decision. On the scope of a revisional Court to consider/reconsider evidence, the learned Advocate r..Category: Property Law | Date: 31 Mar, 2011 | Hits: 68
Md. Aynal Haque Vs. State, 2011, 40 CLC (HCD)
.... opposite party. Criminal Miscellaneous Case No. 4086 of 2004. Judgment AKM Asaduzzaman J.-This rule was issued calling upon the opposite party to show cause as to why the judgment and order dated 20.11.2003 passed by the learned Judge, Nari-O-Shishu Nirjatan Daman Tribunal No.2, Chuadanga ...... 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: ..Category: Women and Children | Date: 30 Mar, 2011 | Hits: 100
ATM Qamuzzaman Khan Vs. State and another, 2011, 40 CLC (HCD)
..... Judgment Md. Ashraful Kamal J.- This Criminal Appeal was registered at the instance of the convict appellant ATM Qamruzzaman Khan against the judgment and order of conviction and sentence dated 14-5-2008 passed by the Special Judge, Special Court No.2, Dhaka in Special Case No.16 of 2007......icer under section 3 of the said Act, he/she can prefer appeal before the person designated or authority within 30(thirty) days. In the instant case no one went to the appellate authority against the decision..........................(32) Abuse of official position Criminal misconduct can ..Category: Criminal Law | Date: 29 Mar, 2011 | Hits: 3
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