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Md. Zahirul Islam Vs. Adamjee Jute Mills Ltd., 2010, 39 CLC (HCD)
.... Civil Revision No.2293 of 2004. Judgment Sheikh Abdul Awal J.- By this Rule the sole plaintiff-opposite party was called upon to show cause as to why the judgment and decree of affirmance dated 24.4.2004 passed by the learned District Judge, Narayangonj in Money Appeal No.01 of 2002 shou...... submits that the suit is not barred by law of limitation inasmuch as it is apparent from the plaint that the last cause of action for filing the suit on 25.8.1985. 10. He finally relying on the decision reported in 7 MLR 132 submits that from the averments of the plaint clearly show that how t..Category: Limitation Law | Date: 20 Jul, 2010 | Hits: 38
....h Mahbub J.- In
this Rule Nisi issued 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 office order dated 22.4.2004
vide memo no. BSRI/P-129/2004/3870 issued by the Director General, Bangladesh
Suga......issue agreed to
the recommendation of the inquiry committee and decided to cancel the promotion
of the petitioner and also to recover monetary benefits, if so received by him.
Pursuant to the said decision, the respondent no.1 issued the order of
cancellation of promotion of the petitioner. That..
Category: Employment/Service Law | Date: 18 Jul, 2010 | Hits: 5
Sonali Bank Vs. Sheikh Anis Uddin Ahmed, 2010, 39 CLC (HCD)
.... 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 death of the deceased, for unexplained unknown reason according t......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. ..Category: Civil Law | Date: 15 Jul, 2010 | Hits: 49
Abeda Khatun and others Vs. Md. Idris Mia and others, 2010, 39 CLC (HCD)
....arties. Civil Revision No.4922 of 2002. Judgment Borhanuddin J.- This rule has been issued calling upon the opposite parties No.1 to 7 to show cause as to why the judgment and order dated 15.09.2010 passed by the learned Additional District Judge, 2nd Court, Comilla in Miscellaneo...... of the Court and as such the appellate Court below did not commit any error of law. 6. Heard the learned advocates at length, perused the revisional application, lower Court's record and the decision cited by the learned Advocate for the petitioner. 7. On perusal of the record it app..Category: Procedural Law | Date: 14 Jul, 2010 | Hits: 3
Ziaur Rahman (Md.) Vs. Artha Rin Adalat & others, 2010, 39 CLC (HCD)
....ioner. Jahangir Alam, Advocate - For the Respondent No.2. Writ Petition No. 6396 of 2008. Judgment Nazmun Ara Sultana J.- This Rule Nisi was issued calling in question the orders dated 25-04-2007 and 23-07-2008 passed by the Artha Rin Adalat, Chapai Nababgonj in Artha Decree Exe......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
ATM Salim Chowdhury Vs. State, 2010, 39 CLC (HCD)
.... owed an amount of Tk. 9, 00,000/- to the petitioner and his partners. The accused-petitioner paid Tk. 50,000/- in cash and in order to repay the balance amount the accused-petitioner issued a cheque dated 09.10.2007 for Tk. 8,50,000/- in favour of the complaint, drawn upon Islami Bank Bangladesh Lt......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)
.... 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 District Judge, and Bankruptcy Court, Dhaka rejecting ......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)
.... 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 District Judge, Second Court, Dhaka granting temporary...... 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. ..Category: Intellectual Property Law | Date: 11 Jul, 2010 | Hits: 269
Monir Hossain (Md.) and anothers Vs. Bangladesh and others, 2010, 39 CLC (AD)
....ainted by fraud and if serious irregularities of impropriety in conducting the examination are detected such process does not create any legitimate expectation. Therefore any recommendation of a candidate for any posts do not acquire any right to the said posts………..(12) Cas......s tainted by nepotism, corruption, and political influence. The recommendation of the PSC in respect of selection and appointment of the writ petitioners to different posts is not itself a final decision. The Government is not bound to accept the recommendation of the PSC. Therefore, the writ p..Category: Employment/Service Law | Date: 11 Jul, 2010 | Hits: 104
....on the issue and her father's lodging of an FIR, the police arrested several persons and the woman was admitted to One Stop Crisis Centre in Dhaka.
6. A report published in "The Daily Prothom Alo" dated 31.5.2009 narrated that a woman and a man in Nobigonj Upazila, Hobiganj were subjected to 101 ......bjected 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 punishment by private persons is for..
Category: Women and Children | Date: 8 Jul, 2010 | Hits: 335
Abul Hashem Vs. State, 2010, 39 CLC (HCD)
.... Criminal Appeal No.2581 of 2001. Judgment SM Emdadul Hoque J.- This Appeal at the instance of the convict appellant Abul Hashem and 2 others is directed against the judgment and order dated 24-5-2001 passed by the learned Sessions Judge, Brahmanbaria in Sessions Case No.42 of 1999 ar......vidence to secure conviction of the accused. The accused is entitled to get all benefits of doubt till the prosecution succeeds in proving it case convincingly. This proposition supported by the decision of the case of the Dala Miah Vs. State reported in 14 BLD 477. Wherein their lordships held..Category: Evidence Law | Date: 26 May, 2010 | Hits: 8
Roshanally Mohamed Harji and another Vs. AKM Zakir Hossain and another, 2010, 39 CLC (HCD)
....akrul Islam, Advocates - For the Respondents. First Appeal No. 233 of 2003. Judgment Sharif Uddin Chaklader J.- This appeal by the defendant, directed against judgment and decree dated 10-5-2003 passed by the learned Joint District Judge, Narsingdi decreeing Title Suit No.93 of ......stence of a contract for execution and registration, as such, the learned Judge committed to illegality in decreeing the suit. 11. Learned Advocate in support of his submissions, relied on the decision of Nasima Akhter Vs. Md. Siraj Miah, 10 MLR (AD) 53 = 57 DLR (AD) 38 where it has been held..Category: Property Law | Date: 12 May, 2010 | Hits: 133
....arty
Nos.1-3.
Civil Revision No.4178 of 2006.
Judgment
Sheikh Abdul Awal J.- This
Rule was issued calling upon the 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 ......ion
that, in the facts and circumstances of the case, the opposite party No.1 is a
necessary party to be impleaded in the suit."
10. The present case is fully covered
by the above quoted decision. In exceptional facts and circumstance the
presence of a stranger to the contract is neces..
Category: Procedural Law | Date: 9 May, 2010 | Hits: 4
Nazma Sarwar and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....slam J.- At the instance of the petitioners Nazma Sarwar and others, this Rule Nisi was issued calling upon the respondents to show cause as to why the judgment and order of conviction and sentence dated 15.05.2008 passed in Special Case No.11 of 2008 (arising out of Gulshan P.S. Case No.26(1)08 b......it petition did not surrender before the trial Court and he is a fugitive from justice. The learned Advocate submits that the Rule is not maintainable. In support of his contention he referred to the decision of the Anti-Corruption Commission Vs. Mohammad Hossain and others 61 DLR (AD) 17, The Anti-..Category: Procedural Law | Date: 6 May, 2010 | Hits: 109
Sarwar Hossain Moni Vs. State and another, 2010, 39 CLC (HCD)
....ransaction from the complainant who assured him to reimburse the amount at the earliest opportunity and the accused-petitioner issued a cheque in favour of complainant bearing No.50/Kha Cha 1204311 dated 30-4-2008 of Bangladesh Commerce Bank Ltd., Bangshal Branch, Dhaka of Current Account No.00009......he proviso to section 138 of the Negotiable Instrument Act, 1881. On perusal of the petition of complaint and the provisions of section 138 of the Negotiable Instrument Act, 1881 and in view of the decisions of Satya Narayan Poddar Vs. State reported in 53 DLR 403 and Sirajul Islam Vs. Tauhid Uddi..Category: Banking Law | Date: 6 May, 2010 | Hits: 573
Abdul Qadir and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
.... opposite parties. Civil Revision No.3886 of 2008. Judgment Sheikh Abdul Awal J.- By this Rule the opposite 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 ......s allowed on the basis of consent of both the parties, the present revisional application is hit by section 96(3) of the Code of Civil Procedure. Mr. Roy in support of his contention relied on the decisions reported in 42 DLR (AD) 234, 1 BCR 131 and AIR 1968 (Guj) 301. 10. We have perused t..Category: Procedural Law | Date: 28 Apr, 2010 | Hits: 4
Amina Khatun and others Vs. State and others, 2010, 39 CLC (HCD)
....sistant Attorney-General—For the Respondents. First Appeal No.317 of 1999. Judgment Sharif Uddin Chaklader J. - This appeal by the plaintiffs directed against judgment and decree dated 28-4-1999 passed by the learned Sub-ordinate Judge. Second Court, Narayangonj Title Suit No.35...............................Respondents Judgment April 26, 2010. Result: The appeal is allowed. No property can be declared as enemy or abandoned property after 1969 As per decision of the Appellate Division no property can be declared as enemy property or abandoned proper..Category: Property Law | Date: 26 Apr, 2010 | Hits: 9
Abu Borhan Khan Khokon Vs. The State & another, 2010, 39 CLC (HCD)
....nt Siddiqur Rahman Miah J. - This Rule on an application filed under section 561A of the Code of Criminal Procedure was issued calling upon the opposite parties to show cause as to why the order dated 04.07.2007 passed by the learned Assistant Sessions Judge, Tangail in Session Case No.161 of 2......proceedings initiated against the petitioner when it is proved that the alleged cheque has been issued by him and it was bounced from his bank. 20. In this connection we may profitably refer the decision in the case of Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan and another, reported in 60 ..Category: Banking Law | Date: 25 Apr, 2010 | Hits: 177
Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....nal Code read with section 5(2) of 1974 bringing the charge solely on Md. Rafiqul Islam, former State Minister of Energy and Power. 5. After investigation charge sheet was submitted being No.495 dated 14-10-2002 against the said State Minister and the name of the present petitioner and some oth......n one envelope basis, or (ii) re tender on two envelope basis, or (iii) Negotiation with FSDI for lowering the price and placed the file before the then Prime Minister. The then Prime Minister gave a decision for re-tender on two envelope basis and thereafter the concerned Ministry on 20-8-1998 canc..Category: Criminal Law | Date: 22 Apr, 2010 | Hits: 107
Kazi Md. Abdul Basit Vs. State, 2010, 39 CLC (HCD)
....: Jaynul Abedin, Advocate-On-Record-For the Petitioner. None Represented-For the Respondent. Criminal Petition for Leave to Appeal No. 293 of 2009. (From the judgment and order dated 10.02.2009 passed by the High Court Division in Criminal Miscellaneous Case No.5017 of 2008) ...... the community and certain classes of persons in the service or pay roll of the government exercising various public functions who are called public servants. [G.A. Monterio 1957 AIR (SC) 13]. In the decision reported in (1889) ILR 26 Cal 158 (DB) it has been held that clause Ninth of Section 21 is ..Category: Criminal Law | Date: 13 Apr, 2010 | Hits: 119
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