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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. ......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. ......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. ......llip;…………(4) Cases Referred to- Pasanda Bibi Vs. Sunaruddis, 4 DLR 157; Rejendra Lur Vs. Mahaslev, 27 DLR 232; Md. Adil Uddin Vs. Md. Adiluddin, 33 DLR 89. Lawyers Involved: SK. Sharifuddin, Advocate - For the Appellant. K. S. Salah Uddin A..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. ......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. ......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. ...... to the other side after prescribed period of limitation cannot be wiped out. On such type of application unusual long delay of 9 years 5 months 5 days cannot be condoned………………(4) Lawyers Involved: No one appears. Civil Rule No.379 (f) of 2002 with First Appeal No. 841 of 1..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. ......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. ......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. ......te. Cases Referred to- Harunor Rashid Talukder Vs Md. Mahbubur Rahman Talukder and others, 1 MLR (AD) 286; Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 29 DLR (SC) 185. Lawyers Involved: Md. Ashraful Alam, Advocate - For the Petitioner. Shamsuddin Babul wit..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. ......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. ......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. ......n also his right to challenge that order before the High Court Division cannot be denied on the plea that he did not surrender before the Court which passed that order………………(13) Lawyers Involved: Pankaj Kumar Kundu, Advocate - For the Petitioner. Jahangir Alam, Advoc..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 ...... 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 ...... 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 ...... to office one holds and while exercising jurisdiction of judicial review the High Court Division cannot sit over the internal administrative actions taken an autonomous body…….(4) Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record—For the Appellant. ASM Kaleq..Category: Constitutional Law | Date: 13 Jul, 2010 | Hits: 4
ATM Salim Chowdhury Vs. State, 2010, 39 CLC (HCD)
....tioner 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 Ltd., Taltola Branch, Sylhet. The complainant placed the said cheque for encashment, but ......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. ......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. ......te party Judgment July 13, 2010. Cases Referred To- Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 60 DLR (AD) (2008) 195; Shamsul Alam Vs. State, 60 DLR (2008) 677. Lawyers Involved: Munshi Moniruzzaman, Advocate-For the petitioner. Zoglul Haider Afric, A..Category: Banking Law | Date: 13 Jul, 2010 | Hits: 187
AL-Arafah Islami Bank Limited Vs. M/S. Nobel Enterprise, 2010, 39 CLC (HCD)
....ereafter the decree holder under Section 44A(1) of the Code of Civil Procedure (briefly as the Code) filed the certified copy of the said decree in the Court of District Judge, Dhaka for execution in Bangladesh and Money Execution Case No.01 of 2004 was started. Then, the learned District Judge tran......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. ......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. ......d……………………………Petitioner Vs. M/S. Nobel Enterprise………………………………..Opposite party Judgment July 12, 2010. Result: The Rule is discharged. Lawyers Involved: No one appears - For the petitioner. Mohammad Imtiaz Farooq Advocate, with ..Category: Procedural Law | Date: 12 Jul, 2010 | Hits: 28
Kohinoor Chemical Co. (BD) Limited Vs. Unilever Bangladesh Limited, 2010, 39 CLC (HCD)
....ate Jurisdiction) Present: SM Ziaul Karim J Md. Nuruzzaman J Kohinoor Chemical Co. (BD) Limited.………………..Appellant Vs. Unilever Bangladesh Limited…………………Respondent Judgment ...... 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. ...... 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. ......ellip;………Respondent Judgment July 11, 2010. Result: The appeal is disposed of. The Civil Rule No.931 (FM) of 2009 is disposed of with observations. Lawyers Involved: Gazi Md. Neamat Hossain, Advocate - For the Appellant. KS Salauddi..Category: Intellectual Property Law | Date: 11 Jul, 2010 | Hits: 269
Monir Hossain (Md.) and anothers Vs. Bangladesh and others, 2010, 39 CLC (AD)
.... Md. Abdul Matin J SAN Mominur Rahman J ABM Khairul Haque J MM. Hossain J SK Sinha J Monir Hossain (Md.) and anothers........................Petitioners Vs. Bangladesh and others........................................Respondents Judgment July 11......No.2081 of 2008. The petition is accordingly dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 41, VIII ADC (2011) 404, 8 LG (AD) (2011) 141, 16 MLR (AD) (2011) 245. ......No.2081 of 2008. The petition is accordingly dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 41, VIII ADC (2011) 404, 8 LG (AD) (2011) 141, 16 MLR (AD) (2011) 245. ......ia, (1991) 3 SCC 47; State of Haryana Vs. Subhash Chandra Marwala, (1974) 3 SCC 220; Neelima Shangla Vs. State of Haryana, (1986) 4 SCC 268; Jatendra Kumar Vs. State of Punjab, (1985) 1 SCC 122. Lawyers Involved: Abdur Rob Chowdhury, Senior Advocate (with Salauddin Dolon), instructed by Za..Category: Employment/Service Law | Date: 11 Jul, 2010 | Hits: 104
.... also Reported in: 16 MLR (HCD) (2011) 61; 63 DLR (2011) 1....... 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.......ture." The UN Committee Against Torture has affirmed that the prohibition of such conduct is absolute and non-derogable.
d) The Convention on the Elimination of all forms of Discrimination against Women (CEDAW) does not explicitly refer to the prohibition of torture and other ill-treatment. None......ngladesh and Others………………………..Respondents.
Judgment
July 8, 2010.
Result:
Rules are made absolute.
Case Referred to-
HM. Ershad v. Bangladesh, 2001 BLD (AD) 69.
Lawyers Involved:
Ms. Sara Hossain, Advocate - For the petitioners (In Writ Petition Nos. 5863 of..
Category: Women and Children | Date: 8 Jul, 2010 | Hits: 335
....t:
Mohammad Fazlul Karim CJ
Md. Abdul Matin J
Shah Abu Nayeem Mominur Rahman J
Md. Muzammel Hossain J
Surendra Kumar Sinha J
The Chairman, National Board of Revenue (NBR), Shegunbagicha, Dhaka, Bangladesh............…Petitioner
Vs.
Advocate Zulhas Uddin Ahmed and others.............Respond......re.
Supreme Court
Appellate Division
(Civil)
Present:
Mohammad Fazlul Karim CJ
Md. Abdul Matin J
Shah Abu Nayeem Mominur Rahman J
Md. Muzammel Hossain J
Surendra Kumar Sinha J
The Chairman, National Board of Revenue (NBR), Shegunbagicha, Dhaka, Bangladesh............…Petitioner
Vs.
Adv...... of the learned Assistant Attorney General appearing for the petitioners.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in: 15 MLR (AD) (2010) 457; 18 BLC (AD) (2013) 52.
......e (NBR), Shegunbagicha, Dhaka, Bangladesh............…Petitioner
Vs.
Advocate Zulhas Uddin Ahmed and others.............Respondents
Judgment
July 8, 2010.
Result:
The petition is dismissed.
Lawyers Involved:
S. M. Moniruzzaman, Assistant Attorney-General instructed by Mrs. Sufia Khatun, A..
Category: Health Law | Date: 8 Jul, 2010 | Hits: 376
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. ......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. ......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. ......Vs. Janata Bank, 55 DLR 588; Gazi M Tawfic Vs. Agrani bank, 54 DLR (AD) 6; Sultana Jute Mills Ltd Vs. Agrani Bank, 14 BLD (AD) 196 = 46 DLR (AD) 174; Jamalus Sattar Vs. Badrul Hoque, 16 DLR 593. Lawyers Involved: M Quamrul Hoque Siddique, Advocate—For the Appellant. Jafarullah C..Category: Civil Law | Date: 7 Jun, 2010 | Hits: 6
Md. Sahab Uddin Vs. State and another, 2010, 39 CLC (HCD)
....ument Act, 1881, alleging, amongst others, that in order to repay a loan due to the complainant the accused petitioner issued three cheques, in favour of the complainant, all drawn on the Islami Bank Bangladesh Ltd., Chauk Bazar Branch, one dated 28.05.2008 for Tk. 5,20,000/- another one dated 10.06......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. ......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. ...... payee to deposit the account payee cheque in the bank of the payee for collection and that he cannot transfer this cheque to any other persons by negotiation……………………………(14) Lawyers Involved: Md. Fakhar Uddin, Advocate - For the petitioner. Md. Ali, Advocate - For th..Category: Civil Law | Date: 30 May, 2010 | Hits: 43
Abul Hashem Vs. State, 2010, 39 CLC (HCD)
....e set at liberty at once if not wanted in connection with any other case. Send down the LC records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)16. ......e set at liberty at once if not wanted in connection with any other case. Send down the LC records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)16. ......e set at liberty at once if not wanted in connection with any other case. Send down the LC records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)16. ......owdhury Vs. State, 11 BLD (AD) 2=42 DLR (AD) 253; State Vs. Musa 15 BLD 169=1 BLC 467; Momin Alais Mominul Hoq Vs. State, 16 BLD 246=48 DLR 282; Abdul Bahar alias Abul Bahar Vs. State, 5 BLD 84. Lawyers Involved: Anisul Haque with Sk Baharul Islam, Advocates—For the Appellants. ..Category: Evidence Law | Date: 26 May, 2010 | Hits: 8
Commissioner of Customs and others Vs. M/S. Sunlit Fashion Limited, 2010, 39 CLC (AD)
.....2001 are not clear to them and that since the finished garments were exported to France, objection it any could be raised only by the consignee at France and the sending back of said consignments to Bangladesh by the above consignee at France could be natural but on what authority the containers we......apore, hereinafter referred to as Forbes, imported by two different shipments, 50,000.00 and 3,68,000 yards of 100% polyester fabrics, total being 4,02.919 yards, under L/C dated 11.11.1999 opened by National Credit and Commerce Bank Limited, Dilkusha Branch Dhaka, hereinafter referred to as NCCBL o...... order dated 2.11,2002 passed by the High Court Division is set aside. The appeal is allowed without any order as to cost. This Case is also Reported in: 16 MLR (AD) (2011) 54, VIII ADC (2011) 29. ...... Md. Abdul Aziz J Commissioner of Customs and others……............Appellants Vs. M/S. Sunlit Fashion Limited..................................Respondent Judgment May 19, 2010. Lawyers Involved: Mahbubey Alam, Attorney General, instructed by A.S.M. Khalequzzaman, Advocate-o..Category: Fiscal/Taxation Law | Date: 19 May, 2010 | Hits: 63
Roshanally Mohamed Harji and another Vs. AKM Zakir Hossain and another, 2010, 39 CLC (HCD)
....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 . ......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 . ......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 . ......b Begum Vs. Shaheb Ali Akunji, 12 MLR 337; Shamsul Haque Vs. Sarafat Ali, 46 DLR 57; Reliable Jute Traders Vs. Sonali Bank, 7 BLC 16; Syed Ali Sarder Vs. Shahabuddin Ahmed Chowdhury, 18 DLR 198. Lawyers Involved: AJ Mohammad Ali, with Md. Iqbal Kabir, Advocates - For the Appellants. ..Category: Property Law | Date: 12 May, 2010 | Hits: 133
Aftab Automobiles Ltd Vs. Superintendent Customs, Excise & VA, 2010, 39 CLC (HCD)
....ry challan as Government revenue. 2. Material facts necessary for the disposal of the Rule, in short/are as under: The petitioner, Aftab Automobiles Limited, is a limited company incorporated in Bangladesh under the Companies Act. The petitioner is registered with Vat authority and is engaged i...... 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. ...... 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. ......xhaustion A petitioner in a VAT case can not take resort to invoke writ jurisdiction without exhausting the forum provided under section 9 (2 ka) of the VAT Act. ........ (27) Lawyers Involved: Zakir Hossain Munshi with Ali Akbor Khan, Advocates—For the Petitioner...Category: Fiscal/Taxation Law | Date: 10 May, 2010 | Hits: 6
Bangladesh Vs. Raj Rajashore Cakra Narayan Jiue Deity and others, 2010, 39 CLC (HCD)
.... J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 340. ......er Class Suit No.398 of 1981 is hereby affirmed. Send down the lower Court records at once. Shahidul Islam J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 340. ......er Class Suit No.398 of 1981 is hereby affirmed. Send down the lower Court records at once. Shahidul Islam J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 340. ......Cakra Narayan Jiue Deity and others………………………Respondents Judgment May 10, 2010. Result: The appeal is dismissed. Lawyers Involved: Md. Akram Hossain Chowdhury, Deputy Attorney General - For the Appellant.&nbs..Category: Evidence Law | Date: 10 May, 2010 | Hits: 161
....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. ......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. ......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. ......in the suit by the Court
in exercise of its judicial discretion……………………..(10)
Case Referred to-
Md. Nurul Abser Miah Vs. Kiron Shankar
Nandy and others, 41 DLR 148.
Lawyers Involved:
Joyanta Kumar Biswas with Md. Jahangir Alam, Advocates - For
the petitioner...
Category: Procedural Law | Date: 9 May, 2010 | Hits: 4
Nazma Sarwar and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....t Division (Writ) Present: Md. Ashfaqul Islam J SM Emdadul Hoque J Nazma Sarwar, wife of A.T.M. Sarwar Hossain and others...............Appellants Vs. Government of Bangladesh represented by the Secretary, Ministry of home Affairs, Bangladesh Secretariat, Ramna D......opy of this judgment be transmitted to the Court concerned at once. SM Emdadul Hoque J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 359; 17 MLR (HCD) (2012) 412. ......opy of this judgment be transmitted to the Court concerned at once. SM Emdadul Hoque J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 359; 17 MLR (HCD) (2012) 412. ......n Commissioner Vs. Dr. H.B.M. Alamgir and others, 18 BLT (AD) 266; ACC Vs. HBM Iqbal, 15 BLC (AD) 44; Gul Hasan Vs. State, 21 DLR (SC) 109; Chand Shah Vs. Crown, PLD 1956 FC 43 = 8 DLR (FC) 24. Lawyers Involved: None appears - For the petitioner. Md. Khurshid Alam Khan, advocat..Category: Procedural Law | Date: 6 May, 2010 | Hits: 109
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