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Renuza Begum and others Vs. Md. Waziullah Mia and others, 2011, 40 CLC (AD)

....tract. There is no merit in these appeals. The appeals are, therefore, dismissed without, however, no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 201. ......spon­dent Nos.3-5 (In Civil Appeal No.68 of 2006). None Represented—For Respondent Nos.6-8 (In Civil Appeal No.68 of 2006). Civil Appeal Nos.67-68 of 2006. (From the judgment and order dated 30-6-2003 passed by the High Court Division in Civil Revision Nos.2178 and 2179 of 1991......owever, no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 201. ......the appeals). Not Represented—For Respondent Nos.3-8 (In Civil Appeal No.67 of 2006). Zainul Abedin, Advocate-on-Record—For Respon­dent Nos.3-5 (In Civil Appeal No.68 of 2006). None Represented—For Respondent Nos.6-8 (In Civil Appeal No.68 of 2006). Civil Appeal Nos.67-..

Category: Contract Law | Date: 11 Oct, 2011 | Hits: 11

Bahauddin Haider Vs. State, 2011, 40 CLC (HCD)

....ime of issuance of the Rule is hereby vacated and re-called. Communicate the judgment to the Court con­cerned at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 561. ......laneous cases preferred under section 561A of the Code of Criminal Procedure are quite premature and so the High Court Division should not entire into the first information report and charge sheet in order to appreciate whether the facts alleged therein constitute any offence or not." (underlin......re-called. Communicate the judgment to the Court con­cerned at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 561. ...... (Criminal Revisional Jurisdiction) Present: Md. Ashfaqul Islam J Md. Abu Zafor Siddique J Bahauddin Haider………………… Accused-Petitioner Vs. State…………………Opposite Party ..

Category: Anti-Corruption Laws | Date: 3 Oct, 2011 | Hits: 195

Aslam (Md.) Vs. Md. Salauddin and another, 2011, 40 CLC (HCD)

....the case as expeditiously as possible as the case is a very old one. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 235. ......ffences punishable under sections 467/468/471 and 420 of the Penal Code. 3. Upon above Petition of Complaint, the learned Magistrate took cognizance against the petitioners and issued process by order dated 13-11-1993. Being aggrieved, the accused-petitioners preferred Criminal Revision No.153 ......s a very old one. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 235. ......) 235. ..

Category: Criminal Law, Tenancy Law | Date: 20 Sep, 2011 | Hits: 6

Humayun Kabir Patwary Vs. Secondary and Higher Secondary School Educa­tion Board, Comilla and 5 others, 2011, 40 CLC (HCD)

....he date of receipt of this Judgment, positively. Order of stay granted at the time ofissuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 64 DLR (HCD)(2012) 65. ...... said election temporarily pursuant to the instruction dated15-2-2011 made by the respondent No.6 and also there­by seeks direction to fixa fresh date for holding aforesaid election and/or pass such order or furtherorder or orders as to this Court may seem fit and proper. 2. Short facts for dispos......er of stay granted at the time ofissuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 64 DLR (HCD)(2012) 65. ......012) 65. ..

Category: Civil Law | Date: 25 Aug, 2011 | Hits: 5

Raj Kumar Khetan Vs. Mercantile Bank Ltd. and another, 2011, 40 CLC (HCD)

.... now pending in the Court of Sessions Judge, Naogaon should not be quashed. The Order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 272. ...... instant Rule by which this Court can at all interfere with the impugned proceedings initi­ated and pending for trial and, as such, the Rule is liable to be discharged and stay be vacated. 10. In order to appreciate the submission made by the learned Advocates of the contending parties, let us n......titioner Vs. Mercantile Bank Ltd. and another………………………Opposite Parties Judgment August 24, 2011. Result: The Rule is discharged. Cases Referred to- Nizamuddin Vs. Abdul Hamid, 60 DLR (AD) 145; Ali Akkas Vs. Enayet Hossain, 17 BLD (AD) 44 = 2BLC (AD)16. ......R (HCD) (2012) 272. ..

Category: Banking Law | Date: 24 Aug, 2011 | Hits: 237

Victor Simon Paat and other Vs. M.V. Accord and others, 2011, 40 CLC (HCD)

....The plaintiff will be entitled to execute the decree against the sale proceed of the vessel M. V. ACCORD, now remaining in the Marshal account of this court. Ed. This Case is also Reported in: ......yment agreement board the vessel and commenced serving the vessel on and from the date of employment. The vessel commenced journey from the port of Singapore till it reached Bangladesh on 6.4.2000 in order to discharge cargo of 7000 M.T. of Cement Clinker, whereupon a legal dispute arose in between ...... is also Reported in: ......Authority, Bandar Bhaban, Police Station-Bandar, District-Chittagong. 7. The Harbour Master, Chittagong Port Authority, Bandar Bhaban, Police Station-Bandar, District-Chittagong. 8. The Commissioner of Customs, Customs house, Chittagong. 9. The Principal officer, Marine Mercantile Departmen..

Category: Admiralty Law or Maritime Law | Date: 23 Aug, 2011 | Hits: 87

KM Alam & Co. and another Vs. People's Republic of Bangladesh, and others, 2011, 40 CLC (HCD)

....ommittee was not properly constituted. Drawing our attention to Rule 59(2) of the said Rules, he points out that although the sub-rule (2) of Rule 59 made it mandatory for the procuring entity not to publish notice for execution of procuring agreement once objection is filed before the head of the p......Rahman, Advocates—For the Respondent No.2. Writ Petition No.5778 of 2011. Judgment Sheikh Hassan Arif J.- Rule was issued calling upon the respondents to show cause as to why the order as contained in Memo No.BTRC/LL/Operators Audit (371)72011-330 dated 26-5-2011 (Annexure-M) is......the Public Procurement Rules-2008 after cancelling the disputed one. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 221. ......preme Court High Court Division (Special Original Jurisdiction) Present: Farid Ahmed J Sheikh Hassan Arif J KM Alam & Co. and another.........................Petitioners Vs. People's Republic of Bangladesh, and others.......Respondents Judgment ..

Category: Civil Law, Constitutional Law | Date: 17 Aug, 2011 | Hits: 20

Dhaka Electric Supply Authority Vs. Md. Hanif and another, 2010, 39 CLC (AD)

....ith in the decision by the High Court Division in Writ Petition No.323 of 1999 wherein it was held that since the decision to revoke the facilities provided by the cir­cular dated 11.08.1966 was not published in any gazette, such revocation would not affect the terms and conditions of the serv­ice......Advocate, instructed by Md. Zahirul Islam Advocate-on-Record—For the Respondent No.1. Not represent­ed-For the Respondent No.2. Civil Appeal No. 184 of 2009. (From the judgment and order dated 5th June, 2008 passed by the High Court Division in Writ Petition No.9289 of 2007). ...... without however any order as to costs. Ed. This Case is also Reported in: 9 ADC (2012) 559. ......ransferred to and absorbed by DESA would continue to be governed by the service rules of PDB. Consequently, the office order contained in Circular No.1130 WP (C) IV/6 A-36 dated 11.8.06 providing for one-step-out-of-turn promo­tion to any Diploma Engineer on final passing of AMIE or equivalent degr..

Category: Employment/Service Law | Date: 14 Aug, 2011 | Hits: 163

Md. Rustom Ali and others Vs. State, 2011, 40 CLC (HCD)

....t, the appeal is dismissed. The stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Borhanuddin J.-I agree. Ed. This Case is also Reported in: ......represented- respondent No.2. Criminal Appeal No. 8196 of 2008. Judgment Md. Ruhul Quddus J.- This appeal under section 28 of the Nari-o-Shishu Nirjatan Damon Ain, 2000 is preferred against order dated 9.11.2008 passed by the Nari-o-Shishu Nirjatan Damon Tribunal, Jamalpur in Nari-o-Shishu...... the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Borhanuddin J.-I agree. Ed. This Case is also Reported in: ......jatan Damon Tribunal, Jamalpur in Nari-o-Shishu Nirjatan Damon Case No.12 of 2007 rejecting an application filed by the accused-appellants under section 344 of the Code of Criminal Procedure for postponement of the case. 2. Facts relevant for disposal of the appeal, in brief, are that respondent ..

Category: Women and Children | Date: 14 Aug, 2011 | Hits: 91

Md. Rafique Ullah Vs. State, 2011, 40 CLC (HCD)

.... Damon Case No.23 of 2000 is hereby set aside. The appellant is released from his bail bond. Send down the lower Court records. Borhanuddin, J.- I agree. Ed. This Case is also Reported in: ......or the respondent. Criminal Appeal No. 3504 of 2003. Judgment Md. Ruhul Quddus J.- This appeal under section 28 of the Nari-o-Shishu Nirjatan Damon Ain, 2000 is directed against judgment and order dated 21.8.2003 passed by the Nari-o-Shishu Nirjatan Damon Tribunal, Lakshmipur in Nari-o-Shis...... The appellant is released from his bail bond. Send down the lower Court records. Borhanuddin, J.- I agree. Ed. This Case is also Reported in: ......lant Md. Rafique Ullah, a teacher of the School had called her to library and asked to bring a glass of water. Accordingly she brought a glass of water and handed it over to him. He held the glass by one hand and held her by another, and thereafter kept the glass on table, embraced her and kissed he..

Category: Women and Children | Date: 9 Aug, 2011 | Hits: 165

Bangladesh Vs. Nazirul Hoq, 2011, 40 CLC (AD)

..... No.1681 of 2010 is condoned. Let the C. P. No.1681 of 2010 be tagged with the appeal which arises out of C. P. No.2050 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 206. ......ion for leave to appeal is con­doned. 2. Bangladesh represented by the Secretary, Ministry of Works and others have filed this civil petition seeking leave to appeal against the judgment and order dated 11.03.1998 passed by the High Court Division in Writ Petition No.605 of 1991 making the ......peal which arises out of C. P. No.2050 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 206. ......y, Ministry of Works, Government of the People's Republic of Bangladesh, Bangladesh Secretariat, P.S.- Ramna, Dhaka and others……………………Petitioners Vs. Nazirul Hoq..............................................Respondent Order ..

Category: Property Law | Date: 25 Jul, 2011 | Hits: 83

Abdul Aziz Vs. Most. Kutisona Bibi and others, 2011, 40 CLC (AD)

.... the light of observations made above. The impugned judgment is set aside. This civil petition for leave to appeal is thus disposed of. Ed. This Case is also Reported in: 9 ADC (2012) 190. ......b Ali, Advocate-on-Record—For the Petitioners. A. K. M. Shahidul Haque, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No.2131 of 2009. (From the judgment and order dated 02.07.2009 passed by the High Court Division in Civil Revision No.3330 of 1991.) Judg...... This civil petition for leave to appeal is thus disposed of. Ed. This Case is also Reported in: 9 ADC (2012) 190. ......mun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Abdul Aziz being dead his heirs:- 1(a) Asia Khatoon and others……………………..Petitioners Vs. 1(a) Most. Kutisona Bibi and others...................................................

Category: Property Law | Date: 24 Jul, 2011 | Hits: 71

Tae Hung Packaging (BD) Limited and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....nd my learned brother, Md. Abdul Wahhab Miah J. I agree with the judgment of my learned broth­er, Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 144. ...... None represented—For Respondent Nos.1-5 (In Civil Petition No.1159 of 2011). Civil Appeal Nos.11-13 of 2011. with Civil Petition No.1159 of 2011. (From the judgment and order dated the 8th day of March, 2010, 17th day of December, 2010 & 20th day of May, 2010 pass...... broth­er, Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 144. ......or Advocate with Tania Amir, Advocate instructed by Mahmuda Begum, Advocate-on-Record—For the Appellants, (In all appeals). Ok-Kyung Oh, in person—Respondent No.3. (In all appeals). None represented-For Respondent Nos.1-2. (In all appeals). M Amir-ul-lslam, Senior Advocate wit..

Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39

State Vs. Tariqul Islam alias Rinku and 20 others, 2011, 40 CLC (HCD)

....23 Azizur Rahman an UP member deposed that on 23-8-2005 at 12-00 O' clock at the request of SI he went to the house of accused Chad and one Holy Quran was seized material Exhibit XXVIII which was published by Islamic Foundation, he also put his signatures in the seizure list Exhibits (১ছ)-à§......s. Tariqul Islam alias Rinku and 20 others……......Convict-appellants Judgment July 17, 2011. Result: Death reference is rejected. The impugned judgment and order of conviction and sentence is set aside. The condemned-prisoners are acquitted from the c...... Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 53.     ...... High Court Division (Criminal Appellate Jurisdiction) Present: Syed Md. Ziaul Karim J Abdur Rob J State...............................................................Petitioner Vs. Tariqul Islam alias Rinku and 20 others……......Convict-appellants ..

Category: Criminal Law | Date: 17 Jul, 2011 | Hits: 6

Ayat Steel Limited Vs. Mohammad Ali and others, 2011, 40 CLC (AD)

.... with no option but to maintain the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 123. ......9 of 2011. Judgment Surendra Kumar Sinha J. - Plaintiff in a suit for declaration of title, confirmation of possession and perpetual injunction moves this petition against a judgment and order of the High Court Division which affirmed that of the trial Court rejecting its prayer for te...... leave petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 123. ......Nazmun Ara Sultana J Sayed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Ayat Steel Limited………………………….....Petitioner Vs. Mohammad Ali and others................ Respondents Judgment July 17, ..

Category: Civil Law | Date: 17 Jul, 2011 | Hits: 7

M/S. Hasan Vegetable Oil Mills Ltd. Vs. M. T. SCEPTRE, 2011, 40 CLC (HCD)

.... as to costs. The Bank Guarantee submitted by the defendants earlier be returned immediately to the filing Advocate on behalf of the defendant Nos.1 and 3. Ed. This Case is also Reported in: ......2/05/99(CO-INS) dated 12.05.1999 from the City General Insurance Company Limited, Dhaka. The Shipper-seller ANDRE (CAYMAN ISLAND) TRADING CO. LTD., shipped the said cargo in full quantity and in good order and condition through the defendant No.1 vessel M.T. SCEPTRE flying Panama Flag. The Master of......fendants earlier be returned immediately to the filing Advocate on behalf of the defendant Nos.1 and 3. Ed. This Case is also Reported in: ......ffice Branch, Jiban Bima Tower, 10, Dilkusha, C/A, Dhaka. 9. The Chairman, Chittagong Port Authority Chittagong. 10. The Harbor Master Chittagong Port Authority, Chittagong. 11. The Commissioner of Customs Customs House, Chittagong.......Proforma-Defendant. Judgment July 17, 2011. ..

Category: Admiralty Law or Maritime Law | Date: 17 Jul, 2011 | Hits: 61

Kaisar-uz-zaman Vs. State and others, 2011, 40 CLC (HCD)

.... the light of observation made above. The order passed earlier staying further proceeding of the special case is hereby vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 15. ......o jurisdiction to take cognizance of the offence under section 409 of the Penal Code, allegedly committed by the peti­tioner, as a public servant, without prior sanction of the Government. So the order of taking cognizance of the offences against the petitioner in this case is without lawful aut......sed earlier staying further proceeding of the special case is hereby vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 15. ......ision (Criminal Revisional Jurisdiction) Present: AKM Fazlur Rahman J SM Zakir Hossain J Kaisar-uz-zaman……………………Petitioner Vs. State and others………………….Opposit..

Category: Anti-Corruption Laws | Date: 14 Jul, 2011 | Hits: 43

Abul Bashar Vs. Abul Kashem and others, 2011, 40 CLC (HCD)

....rder without giving any unnecessary adjournment to the parties. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 199. ......of simultaneously by framing issues sep­arately in each suit. Learned Assistant Judge 1st Court, further directed to dispose of these two suits within 6 (six) months from the date of receipt of this order without giving any unnecessary adjournment to the parties. Send down the lower Court record......ds. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 199. ......: 64 DLR (HCD) (2012) 199. ..

Category: Civil Law | Date: 23 Jun, 2011 | Hits: 44

Sonali Bank Limited Vs. Abdul Malek and another, 2011, 40 CLC (HCD)

....w that this Civil Petition for Leave to Appeal has no merit and is, accordingly dismissed, without, however, any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 649. ......rd-For the petitioner. Abdul Malek (In person)-For respondent No.1. Not represented-For respondent No.2. Civil Petition for Leave to Appeal No.2012 of 2010. (From the judgment and order dated 20.05.2010 passed by the High Court Division in First Appeal No.836 of 1991). Judgm......d, without, however, any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 649. ...... Imman Ali J Muhammed Mamtaz Uddin Ahmed J Md. Shamsul Huda J Sonali Bank Limited, repre­sented by its Manager, Kangshanagar Branch, Comilla………………………………Petitioner Vs. Abdul Malek and another……………………..Respondents Judgment ..

Category: Banking Law | Date: 22 Jun, 2011 | Hits: 162

Sonali Bank Limited Vs. Abdul Malek and another, 2011, 40 CLC (HCD)

....w that this Civil Petition for Leave to Appeal has no merit and is, accordingly dismissed, without, however, any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 649. ......rd-For the petitioner. Abdul Malek (In person)-For respondent No.1. Not represented-For respondent No.2. Civil Petition for Leave to Appeal No.2012 of 2010. (From the judgment and order dated 20.05.2010 passed by the High Court Division in First Appeal No.836 of 1991). Judgm......d, without, however, any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 649. ...... Muhammad Imman Ali J Muhammed Mamtaz Uddin Ahmed J Md. Shamsul Huda J Sonali Bank Limited, repre­sented by its Manager, Kangshanagar Branch, Comilla……………………Petitioner Vs. Abdul Malek and another……………………..Respondents Judgment ..

Category: Banking Law | Date: 22 Jun, 2011 | Hits: 7