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Md. Zahirul Islam Vs. Adamjee Jute Mills Ltd., 2010, 39 CLC (HCD)

....ntiff opposite party's suit is dismissed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 420. ......defendant in details and as such the question of interference for want of cause of action does not arise at all. 11. We have heard the learned Advocates of both the sides, perused the revisional application, impugned judgments of two Courts below and other materials on record. It appears that t..

Category: Limitation Law | Date: 20 Jul, 2010 | Hits: 38

S.M. Saiful Hasan Vs. Director General, Bangladesh Sugarcane Research Institute and others, 2010, 39 CLC (HCD)

....here will be no order as to costs. The order of stay granted earlier by this court stands vacated. Zubayer Rahman Chowdhury J. - I agree. Ed. This Case is also Reported in: ......ty to issue show cause notice before the termination of service of an employee of any statutory body The doctrine of audi alteram partem is applied even though the statute is silent about the application of the same and that the said concept has also been recognised in the Constitution givi..

Category: Employment/Service Law | Date: 18 Jul, 2010 | Hits: 5

Mohi Ahmed Chowdhury Vs. Kashipur Tea Estate Company Limited and others, 2010, 39 CLC (HCD)

....ssal for default. In the result, this application is rejected. Md. Fazlur Rahman J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 309; 18 BLT (HCD) (2010) 415. ...... Kashipur Tea Estate Company Limited and others…………………………Respondents Judgment July 18, 2010. Result: The application is rejected. The Code of Civil Procedure, 1908 (V of 1908); Order XLI Rule 19 ..

Category: Procedural Law | Date: 18 Jul, 2010 | Hits: 140

Sonali Bank Vs. Sheikh Anis Uddin Ahmed, 2010, 39 CLC (HCD)

....d. Consequently Appeal from Original Decree No.841 of 1991 is dismissed. No costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 188. ......ct of the filing lawyer is not reasonable and not covered by any norms of practice as the delay is absolutely inordinate, the appellant may sue the filing con­ducting lawyer for the loss but on such application which does not disclose the particulars even to the date of knowledge of the date of dea..

Category: Civil Law | Date: 15 Jul, 2010 | Hits: 49

Abeda Khatun and others Vs. Md. Idris Mia and others, 2010, 39 CLC (HCD)

....order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 308. ......ing, the learned District Judge allowed the appeal and decreed the suit vide judgment and decree dated 4.5.1996 Against the said judgment and decree, the contesting defendants preferred revisional application being Civil Revision No.3866 of 1998 before this division wherein the order of the lear..

Category: Procedural Law | Date: 14 Jul, 2010 | Hits: 3

Ziaur Rahman (Md.) Vs. Artha Rin Adalat & others, 2010, 39 CLC (HCD)

....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. ......fter, on 14-3-2007 the decree-holder bank filed Artha Decree Execution Case No.3 of 2007 on the basis of that decree. On the very date of filing of that execution case the decree-holder bank filed an application praying for issuance of warrant of arrest against the Judgment-debtors and the learned J..

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)

.... 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 ...... 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 the writ petitioners moved a application for staying the operation of the Office Order dated 26 April, 2003 cancelling the earlie..

Category: Constitutional Law | Date: 13 Jul, 2010 | Hits: 4

ATM Salim Chowdhury Vs. State, 2010, 39 CLC (HCD)

....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. ......urt of Sessions Judge, Sylhet, should not be quashed and/or such other or further order or orders be passed as to this Court may seem fit and proper. 2. The short facts leading to filing of this application under section 561A of the Code are that, one Abdul Jalil Bepari, the complainant-opposit..

Category: Banking Law | Date: 13 Jul, 2010 | Hits: 187

AL-Arafah Islami Bank Limited Vs. M/S. Nobel Enterprise, 2010, 39 CLC (HCD)

....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. ......ge, and Bankruptcy Court, Dhaka rejecting Civil Revision No.393 of 2004 and affirming those of dated 19-08-2004 and 23-08-2004 passed by learned Joint District Judge, third Court, Dhaka, rejecting an application for dismissing Money Execution Case No.01 of 2004 as not maintainable and to return the ..

Category: Procedural Law | Date: 12 Jul, 2010 | Hits: 28

Kohinoor Chemical Co. (BD) Limited Vs. Unilever Bangladesh Limited, 2010, 39 CLC (HCD)

.... aforesaid observations Civil Rule No.931 (FM) of 2009 is disposed of. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 60. ......ainst the defendant and in favour of the plaintiff; (e) to pass a decree for any other relief or relieves that the plaintiff is entitled to in law and in equity. 4. In suit, plaintiff by an application dated 22-1-2009 sought for temporary injunction under Order 39 Rules 1 & 2 and Secti..

Category: Intellectual Property Law | Date: 11 Jul, 2010 | Hits: 269

Monir Hossain (Md.) and anothers Vs. Bangladesh and others, 2010, 39 CLC (AD)

....ntment in different cadres. While they were awaiting for appointment letter, the PSC by resolution dated 1st July, 2007 cancelled the viva-voce examina­tion result and directed them to appear for fresh viva-voce examination on 29th July, 2007. It is alleged that the PSC took the decision on taki......rvice. 6. Initially Civil Petition No.2081 of 2008 was rejected as not being pressed by order dated 13th April, 2009. Therefore the writ petitioners Mohammad Toufiqul Islam and 4 others filed an application for restoration of the petition to its file and number. No order was made pursuant to su..

Category: Employment/Service Law | Date: 11 Jul, 2010 | Hits: 104

Bangladesh Legal Aid and Services Trust and Others Vs. Government of Bangladesh and Others, 2010, 39 CLC (HCD)

.... Children's Affairs and the Inspector General of police by a special messenger of the Court at the costs of the office. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 61; 63 DLR (2011) 1.......ate - For the petitioner-in-person (In Writ Petition No. 4275 of 2010). Writ Petition No. 5863 of 2009 with Writ Petition No.754 of 2010 and Writ Petition No. 4275 of 2010. (An application under Article 102 of the Constitution of the People's Republic of Bangladesh.) Judgme..

Category: Women and Children | Date: 8 Jul, 2010 | Hits: 335

Dhirendra Nath Mondal Vs. Agrani Bank Ltd and others, 2010, 39 CLC (HCD)

....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. ......under section 7 of Artha Rin Adalat Ain, 1990 appeal can be preferred against the aforesaid Judgment and order. For preferring appeal 50% of the decretal amount must be deposited. Secondly, by filing application under Order IX Rule 13 of the Civil Procedure Code, the judgment and order of Artha Rin ..

Category: Civil Law | Date: 7 Jun, 2010 | Hits: 6

Md. Sahab Uddin Vs. State and another, 2010, 39 CLC (HCD)

....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. ......ed Metropolitan Sessions Judge, Chittagong, should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The facts leading to filing of this application under section 561A of the Code briefly are that, the opposite party No.2 Md. Shamsul Ala..

Category: Civil Law | Date: 30 May, 2010 | Hits: 43

Roshanally Mohamed Harji and another Vs. AKM Zakir Hossain and another, 2010, 39 CLC (HCD)

....ecessary documents and Khatians were not in his hand and for this reason it was not possible to mention the required dag numbers and Khatian numbers in the bainapatra and made commitment to furnish a fresh bainapatra in writing with dag numbers and Khatian numbers later on at a convenient time. The ......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

Aftab Automobiles Ltd Vs. Superintendent Customs, Excise & VA, 2010, 39 CLC (HCD)

.... 33. The order of stay granted earlier by the court stands vacated. Communicate the judgment to the respondents at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 138. ......Ali Akbor Khan, Advocates—For the Petitioner. Israt Jahan, Assistant Attorney-General—For the Respondent. Writ Petition No.8525 of 2008. Judgment Zinat Ara J.- In this application under article 102 of the Constitution, the petitioner called in question the legality of..

Category: Fiscal/Taxation Law | Date: 10 May, 2010 | Hits: 6

Most. Johura Begum alias Mosammat Johara Begum Vs. Alhaj Abdur Rob Bhuiyan and others, 2010, 39 CLC (HCD)

....ndant Nos.1-3 Md. Nurul Haque Sheikh is added as defendant No.5 in the suit. Let a copy of this Judgment be sent down at once. This Case is also Reported in: 17 MLR (HCD) (2012) 409. ......he opposite parties to show cause as to why the impugned order No.36 dated 10.8.2006 passed by the learned Joint District Judge, Arbitration Court, Dhaka in Title Suit No.128 of 2005 rejecting the application under Order I Rule 10(2) of the Code of Civil Procedure for addition of party should no..

Category: Procedural Law | Date: 9 May, 2010 | Hits: 4

Sarwar Hossain Moni Vs. State and another, 2010, 39 CLC (HCD)

....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.......No.1. Criminal Miscellaneous Case No. 8462 of 2010. Judgment Md. Fazlur Rahman J.- This Rule at the instance of the accused-petitioner Md. Sarwar Hossain Moni was issued on 16-3-2010 upon an application filed under section 561A of the Code of Criminal Procedure calling upon the opposite par..

Category: Banking Law | Date: 6 May, 2010 | Hits: 573

Abdul Qadir and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

....nguishable on facts. 14. Considering all these aspects of the case, we think this is a fit case to send back on remand to the learned Joint District fudge, Narayangonj for deciding the issue afresh after giving an opportunity to the parties to adduce evidence both oral and documentary inas......site party Nos.1-2 were called upon to show cause as to why the impugned order dated 10.7.2008 passed by the learned Joint District Judge, Narayangonj in Miscellaneous Case No.8 of 2006 allowing an application under Order IX Rule 13 of the Code of Civil Procedure and thereby restoring Title Suit..

Category: Procedural Law | Date: 28 Apr, 2010 | Hits: 4

Abu Borhan Khan Khokon Vs. The State & another, 2010, 39 CLC (HCD)

....been supported by our apex Court- i) a cheque can be presented for encashment on any number of occasions within the period of its validity and its dishonour on every occasion will give rise to a fresh 'Cause of action' within the meaning of clause (b) of section 141 of the Negotiable Instrument....../s 138 of the Negotiable Instruments Act, 1881 in session case No. 161 of 2007 pending in the Court of Assistant Sessions Judge, Tangail.) Judgment Siddiqur Rahman Miah J. - This Rule on an application filed under section 561A of the Code of Criminal Procedure was issued calling upon the o..

Category: Banking Law | Date: 25 Apr, 2010 | Hits: 177