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Iftekhar Uddin Ahmed Vs. Artha Rin Adalat and another, 2011, 40 CLC (HCD)
....order for 6 months Civil custody of the petitioner and issued warrant of arrest against him. The petitioner came to know about the suit, the execution case, warrant of arrest, etc. from the notice published in the Daily Jugantor dated 24-9-2010 in Money Decree Execution Case No.08 of 1995. This ...... Adalat and in the execution case on an application filed by the decree-holder-Bank under section 34 of the Artha Rin Adalat Ain, 2003 (the Ain, in brief), the learned Judge of the Adalat passed order for 6 months Civil custody of the petitioner and issued warrant of arrest against him. The pe......ed. Communicate the Judgment to respondent No.2 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 75. ...... High Court Division (Special Original Jurisdiction) Present: Zinat Ara J Md. Moinul Islam Chowdhury J Iftekhar Uddin Ahmed…………………………………….Petitioner Vs. Artha Rin Adalat and another……………………………………….Respon..Category: Limitation Law | Date: 20 Jun, 2011 | Hits: 13
Md. Habibur Rahman Bhuiyan and others Vs. Mosammat Galman Begum and others, 2011, 40 CLC (AD)
....ed by my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:9 ADC (2012) 575. ......ul-Alam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For Respondent No.1. Ex-parte- For Respondent Nos. 2(a)-3. Civil Appeal No.191 of 2005 (From the judgment and order dated 25.1.2003 passed by the High Court Division in Civil Revision No.5935 of 2000.) Judgm...... allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:9 ADC (2012) 575. ...... Civil Appeal No.191 of 2005 (From the judgment and order dated 25.1.2003 passed by the High Court Division in Civil Revision No.5935 of 2000.) Judgment Md. Muzammel Hossain CJ. - I have gone through the separate judgments prepared by my learned brother, Surendra Kumar Sinha J and my lea..Category: Property Law | Date: 15 Jun, 2011 | Hits: 169
Abu Bakkar Lashkar & others Vs. Rostam Ali Mondal & others, 2011, 40 CLC (AD)
....ciation of law and facts do not call for interference. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 210. ......titioners. M. A. Jabbar, Advocate, instructed by M. G. Bhuiyan, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No.1294 of 2010. (From the judgment and order dated 27.04.2010 passed by the High Court Division in Civil Rule No. 1024(con) of 2009). ......this petition which is accordingly dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 210. ......shkar & others…………………………………………………………Petitioners Vs. Rostam Ali Mondal being dead his heirs: Abu Kalam & others……&h..Category: Procedural Law | Date: 9 Jun, 2011 | Hits: 100
Md. Arif-Uz-Zaman Vs. State and another, 2011, 40 CLC (AD)
....h Court Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 400; 8 LG (AD) (2011) 196; 17 BLC (AD) (2012) 167; 21 BLT (AD) 234. ......egum, Advocate-on-Record- For Respondent No.1. Mrs. Sufia Khatun, Advocate-on-Record- For Respondent No.2. Criminal Petition for Leave to Appeal No.514 of 2010. (From the judgment and order dated the 24th day of August, 2010 passed by the High Court Division in Criminal Revision No.1...... is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 400; 8 LG (AD) (2011) 196; 17 BLC (AD) (2012) 167; 21 BLT (AD) 234. ......Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Arif-Uz-Zaman…………………………..............Petitioner Vs. The State and another…………………&he..Category: Banking Law | Date: 9 Jun, 2011 | Hits: 196
Nazir Vs. State, 2011, 40 CLC (HCD)
.... this Rule. 30. Accordingly, the Rule is discharged. Communicate this judgment to the concerned Tribunal immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 317. ......section 561A Care should be taken so that the jurisdiction under section 561A can not be invoked for the purpose of examining the correctness, legality and propriety of any finding, sentence and order passed by the criminal courts………...... (16) Judgment and order based......arged. Communicate this judgment to the concerned Tribunal immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 317. ......n) Present: Moyeenul Islam Chowdhury J Md. Nazrul Islam Talukder J Nazir…………………………......................Petitioner Vs. State………………………&hel..Category: Criminal Law | Date: 7 Jun, 2011 | Hits: 2
Farzana Akter (Kakoli) Vs. Md. Kabir Hossain and others, 2011, 40 CLC (HCD)
....learned Judge of the Tribunal is directed to proceed with the trial in the said Nari-o-shishu case in accordance with law. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......Criminal Appeal No. 5815 of 2008. Judgment Md. Ruhul Quddus J.- This appeal, under section 28 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 at the instance of a complainant, is directed against order dated 7.7.2008 passed by the Nari-o-Shishu Nirjatan Daman Tribunal, Patuakhali in Nari-o-Shish......oceed with the trial in the said Nari-o-shishu case in accordance with law. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......accomplices abducted the complainant, while she was going to Madrasha to learn Arabic. Respondent No.1 took her to his house and violated her chastity against her will. Thereafter, she was taken from one place to another and ultimately she was recovered from the maternal house of respondent No.1 on ..Category: Women and Children | Date: 6 Jun, 2011 | Hits: 102
Md. Majedur Rahman Vs. State and another, 2011, 40 CLC (HCD)
....ore discharged from his bail bond as he is on bail by order of this Court dated 26.10.2009. The office is directed to send down the lower’s Court record. Ed. This Case is also Reported in: ......his appeal has been preferred by convict appellant Md. Majedur Rahman, son of Mojir Uddin Ahmed of village-Dakkhin Nashratpur, Police Station- Chirirbandar, District-Dinajpur against the judgment and order dated 14.10.2009 passed by the Nari-OShishu Nirjatan Daman Tribunal, Dinajpur in Nari-O-Shishu......ail by order of this Court dated 26.10.2009. The office is directed to send down the lower’s Court record. Ed. This Case is also Reported in: ......ing any proposal for 2-3 weeks. Again he started proposing as before and on 6.4.2006 at about 10.30 am she attended the Chamber of Headmaster (accused appellant) and she was given sexual offer and at one stage the accused caught hold her by the hands. She raised cry and hearing cry Aya Shamsun Nahar..Category: Women and Children | Date: 6 Jun, 2011 | Hits: 142
Bangladesh Tobacco Company Limited Vs. Ashoke Kumar Das & others, 2011, 40 CLC (HCD)
.... In the result, this appeal is disposed of. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 53. ......t if there be any formal defects and suit for the formal defects shall fail and if the Court is satisfied that no effective purpose would be served in prosecuting the suit, Court can pass necessary order allowing plaintiff to withdraw the suit along with Judgments and decree permission to sue af...... once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 53. ...... connote every kind of defect which does not affect the merit of the case, whether the defect be fatal to the suit or not, rejection of a material document for not having a proper stamp and the erroneous valuation of the subject matter of the suit. Failure of the plaintiff's counsel to incor..Category: Procedural Law | Date: 2 Jun, 2011 | Hits: 6
Chairman, Rajdhani Unnayan Katripakkha Vs. Mosammat Rahima Khatun and others, 2011, 40 CLC (HCD)
....ule is herby vacated. 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:......-For the Opposite Parties. Civil Revision No. 5831 of 2007. Judgment Obaidul Hassan J. - This Rule was issued calling upon the opposite party Nos.1-3 to show cause as to why the judgment and order dated 28.05.2006 of the learned District Judge, Dhaka in Arbitration Appeal No. 127 of 2002 af......te-For the Petitioner. K. M. Hafizul Alam, with Mahbub Shafique, Advocates-For the Opposite Parties. Civil Revision No. 5831 of 2007. Judgment Obaidul Hassan J. - This Rule was issued calling upon the opposite party Nos.1-3 to show cause as to why the judgment and order dated 28.05.2006 ......resent: Faruque Ahmed J Obaidul Hassan J Chairman, Rajdhani Unnayan Katripakkha, RAJUK Bhaban, RAJUK Avenue, Motijheel, Dhaka-1000.............................Opposite Party-Respondent-Petitioner Vs. Mosammat Rahima Khatun and others.............Petitioners-Respondents-Opposite Partie..Category: Limitation Law | Date: 2 Jun, 2011 | Hits: 165
Human Rights and Peace for Bangladesh Vs. Bangladesh, 2011, 40 CLC (HCD)
....umption of virulent toxin. WASA water has hence plunged everyone’s life to a state of incineration. Water hauled melodies like diarrhoea, typhoid, cholera, jaundice are rampant. 5. A report published in the Daily Star on 25.4.2010, revealed pathetic scenario of the river with vivid elucid......nga by way of effective measures and as to why the respondents No. 4 shall not be directed to take steps to seal all the sewerage lines linked with river Buriganga and/or pass such other or further order or orders as to this court may seem fit and proper.” 2. Human Rights and Peace fo......ear the cost of the cases filed as public interest litigation. Ed. This Case is also Reported in: ...... Rights and Peace for Bangladesh (HRPB), represented by it’s Secretary, Advocate Asaduzzaman Siddique, Hall No. 2, Supreme Court Bar Association Bhaban, Dhaka, Bangladesh....................petitioner Vs. Bangladesh represented by the Secretary, Ministry of Shipping, Bangladesh Secret..Category: Environmental Law | Date: 1 Jun, 2011 | Hits: 37
BGP Inc., China National Petroleum Corporation Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....er been stated that on 25.11.2009 BGP (Bangladesh) International had established a Branch office at Dhaka of BGP Inc., CNPC on 25.11.2009 which is much later than the notification dated 17.09.2009 published by Petrobangla and also after the closing date of EOI on 28.10.2009. As such, opening of ....... Respondent no.8 entered appearance by filling affidavit-in-opposition contending, inter alia, that Petrobangla vide notification dated 17.09.2009 invited for EOI from the eligible contractors in order to get seismic contract for carrying out 2-D land seismic survey involving about 3100 Lkm dat......ed of. There will be no order as to costs. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ......reme Court High Court Division (Special Original Jurisdiction) Present: Farah Mahbub J Farid Ahmed J BGP Inc., China National Petroleum Corporation…...........Petitioner Vs. Bangladesh and others…………...........Respondents Judgment May ..Category: Civil Law | Date: 29 May, 2011 | Hits: 21
Zeyad Rahman and another Vs. Delta Insurance Company and others, 2011, 40 CLC (HCD)
....ial Bank reported in 28 BLD (HCD) 635. The above judgment of this Court has been upheld by the Appellate Division by Civil Appeal Nos.319-321 of 2008. Further, following the above judgment, SEC published Notification Nos.SEC/CMRRCD/2008-183/Admin/03-36 dated 05 October 2009 and Notification No......ebito justitiae (a remedy which the applicant gets as of right) and no reason for condoning the same needs to be assigned. .............. (50) Court has power to pass consequential or incidental orders while condoning the delay Under the provisions of section 81 (2) of the Companies Act, 1......nd to report the compliance thereof within 1(one) week thereafter. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 336. ......: 18 BLC (HCD) (2013) 336. ..Category: Company Law | Date: 26 May, 2011 | Hits: 9
Sk. Nurul Islam Vs. State, 2011, 40 CLC (HCD)
.... discharged from his bail bond. Send down the Lower Court Records, along with a copy of this judgment and order, at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 436. ...... Criminal Appeal No.2161 of 1997. Judgment Afzal Hossain Ahmed J. - This appeal, at the instance of the convict, Sk. Nurul Islam @ Md. Nurul Islam, is directed against the judgment and order of conviction and sentence dated 11.9.1997 passed by the learned Divisional Special Judge, Khu......ecords, along with a copy of this judgment and order, at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 436. ......htia) convicting him under Section 409 of the Penal Code and sentencing him to rigorous imprisonment for four years and to pay a fine of Tk.5,000/-, in default, to suffer simple imprisonment for one year more. 2. The prosecution case, in short, is that, one Md. Sobir Ahmed, District Anti-C..Category: Anti-Corruption Laws | Date: 19 May, 2011 | Hits: 157
Manager, Rupali Bank Ltd. Vs. M/S New Music Corner and another, 2011, 40 CLC (HCD)
....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: ......ed by the defendant No.1. Subsequently, the defendant by filing an application under Order VI, Rule 17 read with section 151 of the Code of Civil Procedure amended the plaint with a prayer to pass an order to allow the plaintiff to sell the pledged goods to adjust the sell proceed with loan amount. ......d in: ......businessman, used to deal with electronics goods. He filed an application to the plaintiff bank to renew his previous loan, thereafter, on 11.06.1988 vide sanction letters No.45 and 46 the bank sanctioned loan for an amount of Tk. 2,00,000/- as cash credit hypothecation and Tk. 10,00,000/- as cash c..Category: Banking Law | Date: 18 May, 2011 | Hits: 209
Monzur Ahmed Bhuiyan & others Vs. Adilur Rahman Khan and others, 2011, 40 CLC (AD)
....nd Order passed by the High Court Division. Accordingly, this Civil Petition is dismissed. No order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 47. ......rd—For 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). Ju...... costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 47. ...... Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Monzur Ahmed Bhuiyan & others...........Petitioners Vs. Adilur Rahman Khan and others.............Respondents Judgment May 16,..Category: Constitutional Law | Date: 16 May, 2011 | Hits: 267
Major (Retd.) Rafiq Hasan Faruq Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....ally, the suit was decreed exparte for an amount of Tk. 5,40,49,309.76/-. 3. The decree holder Bank initiated Artha Execution Case No-120 of 2005, which was dismissed due to default of the Bank to publish auction notices in two daily news papers. Thereafter the decree holder Bank instituted the p......in Adalat, 1st Court, Dhaka, in Artha Execution Case No. 682 of 2005, should not be declared to have been passed illegally, without lawful authority and is of no legal effect." By the Rule issuing order the proceeding of the said Execution Case was stayed initially for 3(three) months and subsequ......icate the Judgment at once to the concerned executing Court (Respondant No. 3). Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 281. ...... ..Category: Banking Law | Date: 16 May, 2011 | Hits: 179
S.M. Humayun Kabir Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... have been passed without lawful authority and hence, is of no legal effect. There will be no order as to costs. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ......t 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......al effect. There will be no order as to costs. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ...... ..Category: Employment/Service Law | Date: 15 May, 2011 | Hits: 22
Md. Badar Uddin and others Vs. Mst. Rezia Parvin and others, 2011, 40 CLC (HCD)
..... I find no substance in the rule. In the result this rule is discharge. No costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 12. ......ssed by the learned Senior Assistant Judge Shailakupa, Jhinaidaha. 2. At the out set it is mentioned that it is now become fashion for some lawyers not to attend the Court after obtaining rule and order of stay. Although this matter appeared regularly for hearing in the cause list with the names ...... Send down the lower Court records at once. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 12. ......d in: 20 BLT (HCD) (2012) 12. ..Category: Civil Law | Date: 15 May, 2011 | Hits: 29
Tofail Ahmed Vs. State, 2010, 39 CLC (HCD)
....cerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 363. ......on 5(2) of the Act II of 1947 read with sections 420/206/242 and 109 of the Penal Code, now pending in the Court of Divisional Special Judge, Dhaka, should not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts leading to the is...... bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 363. ......minal Miscellaneous Jurisdiction) Present: Md. Shamsul Huda J Md. Rezaul Hasan J Tofail Ahmed…………………………Petitioner Vs. State………………………Opp..Category: Anti-Corruption Laws | Date: 15 May, 2011 | Hits: 211
Government of Bangladesh and Others Vs. Md. Gias Uddin Chowdhury and Others, 2011, 40 CLC (AD)
....vernment has decided to acquire the land, the requisitioned land absolutely vests in the Government free from all encumbrances. In this case the Gazette Notification under section 5(7) of the Act was published on 31st May, 1951, when the property vested in the Government and since then whatever righ......ity to defend the writ petitioners the appellants cannot evict arbitrarily which is illegal and without lawful authority. c) the committee constituted by the Government although measured the land in order to ascertain the exact location of the writ petitioners' land vis-a-vis the acquired land, but....... Ed. This Case is also Reported in: 32 BLD (AD) (2012) 1, 17 BLC (AD) (2012) 14, VIII ADC (2011) 879. ......nstituted partition suit and whether the High Court Division is justified in restraining the Government and the RAJUK from removing the unauthorized constructions till the disputed property is partitioned by the civil Court. 3. Writ petitioners challenged the purported actions of eviction by the ap..Category: Property Law | Date: 15 May, 2011 | Hits: 100
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