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IFIC Bank Ltd. Vs. Eknabin & Co. and others, 2010, 39 CLC (HCD)
.... 10. It appears that Artha Rin Adalat Ain and Bankruptcy Act both are special laws. A Law become special when it give rise to special cause of action and itself provides for its remedy. When a code complete in itself it becomes a special law. Another feature of special law is that it does not appl......ivil Revisional Jurisdiction) Present: Sharif Uddin Chaklader J Md. Fazlur Rahman J IFIC Bank Ltd…………………………………….........Petitioner Vs. Eknabin & Co. and others ..............................Opposite-Parties Judgment August 12, 2010. Result:......Nos.2 and 3 as such the execution cases should be transferred to Bankruptcy Court. 5. The learned Judge rejected the said application and 19-7-2005 was fixed for auction selling of the mortgaged properties. Opposite party No.1 did not challenge the said order before any forum. 6. On 16-7-200......6 dated 18-9-2005 are set aside. In the result, the Rule is made absolute without any order as to cost. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 123. ..Category: Procedural Law | Date: | Hits: 126
Rowshena Jahan Vs. State and another, 2010, 39 CLC (HCD)
....rned Court shall proceed with the case in accordance with law. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 90. ......order to the Court below immediately. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 90. ......7 and also under section 109 of the Penal Code, now pending in the Court of Metropolitan Senior Special Judge, Dhaka, should not be quashed or any other order passed as this Court may deem fit and proper. 2. At the time of issuance of the Rule, all further proceedings of the above mentioned ......rned Court shall proceed with the case in accordance with law. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 90. ..Category: Criminal Law | Date: | Hits: 100
Buxly Paints (Bangladesh) Ltd. Vs. Bangladesh, 1977, 6 CLC (AD)
....ani Company had vested in the Government of Bangladesh by virtue of Article 4 of the President's Order No.16 of 1972. 9. The question, which now arises, is whether the Government of Bangladesh can completely ignore the written agreement under which the appellant entered into the possession of the......l authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 266.......16 of 1972) claiming that the assets of the Buxly Plaints (Pakistan) Ltd. lying at Chittagong including its industrial unit had been acquired by the appellant company and as such were not abandoned properties. The said objection having been rejected by the prescribed authority including the appe......d order of the High Court Division are set aside and it is declared that the Notification dated 19-2-12 is without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 266...Category: Property Law | Date: | Hits: 79
Sukhamoya Dutta Gupta Vs. Abdul Gafur and others, 1979, 8 CLC (AD)
..... Accordingly the appeal is allowed. The order of the High Court under appeal is set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 262.......late Division (Criminal) Present: Kemaluddin Hossain CJ Ruhul Islam J KM Subhan J Badrul Haider Chowdhury J Sukhamoya Dutta Gupta..................Appellant Vs. Abdul Gafur and others..................Respondents Judgment April 12, 1979. Result: The appeal is a......in this appeal is whether in the facts and circumstances of the case the High Court was well founded in law in holding that the accused had bona fide claim of right; and their entry into the disputed property in assertion of that right constituted criminal trespass within the meaning of section 441 ....... Accordingly the appeal is allowed. The order of the High Court under appeal is set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 262...Category: Criminal Law | Date: | Hits: 94
New India Tea Company Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
....al is accordingly allowed in part, the order of the High Court set aside, and the Writ Petition dismissed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 303.......order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 303.......claiming and improving the same at a huge cost. In 1969 the management of the Ramgarh Tea Estate was taken over by the Government of Pakistan under memo No.7(162)-Board/69 dated 4-12-69 as an enemy property. After liberation of the country the management of the Tea Estate was transferred to Bangla......al is accordingly allowed in part, the order of the High Court set aside, and the Writ Petition dismissed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 303...Category: Property Law | Date: | Hits: 87
....hing which is in existence.
12. On the other hand, learned advocate Mr. A. F. M. Mesbah Uddin submits that the repealing Ordinance of 1960 took away or extinguished section 93A, but that did not completely take away the right of authority to acquire property under the parent Act. He refers to......s Case is also Reported in: 63 DLR (HD) (2011) 85.
...... and, therefore, they would not be entitled to receive any notice.
2. In WP No.4116 of 2007 the petitioner on behalf of the Waqf Administrator challenges the order of acquisition of the schedule property by the impugned gazette dated 07-9-2006 by which the property of the Waqf was included in a......ules which are accordingly, discharged, without, however, any order as to cost.
Let a copy of this judgment be communicated at once.
Ed.
This Case is also Reported in: 63 DLR (HD) (2011) 85.
..
Category: Property Law | Date: | Hits: 106
Md. Hasanul Islam Hanif @ Galcuta Hanif Vs. State, 2011, 40 CLC (HCD)
....ith any other case. Let the lower Court's record with a copy of this Judgment and order be sent down to the concerned Court at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 196....... 254; Aslam Jahangir Vs. The State, 5 BLC (2000) (HCD) 514; Habibur Rahman alias Jane Alam Vs. The State, 47 DLR (1995) (HCD) 323; Mohiuddin Vs. The State, 61 DLR (2009) (HCD) 35; Abdul Haider Sikder and another Vs. The State, 43 DLR (AD) (1991) 95. Lawyers Involved: A.B.M. Waliur Rahman Khan...... for 10 years and 7 years respectively with a direction to run both the sentence concurrently 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 prosecution case, in short, is that on 9.9.2004 the informant along with other D.B......ith any other case. Let the lower Court's record with a copy of this Judgment and order be sent down to the concerned Court at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 196...Category: Criminal Law | Date: | Hits: 92
Kartick Chandra Mandal & others Vs. State, 2010, 39 CLC (HCD)
....e bail in terms of their respective bail granting order. The Adalat is directed to proceed as per law. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 190. ......t once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 190. ......hala Bighnakari Aparadh (Druta Bicher) Ain, 2002 discharging the petitioners from charge 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. After issuance of the rule the informant Arup Ratan Mandal filed an application for ad......e bail in terms of their respective bail granting order. The Adalat is directed to proceed as per law. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 190. ..Category: Criminal Law | Date: | Hits: 143
A.K. Azad Vs. Fakruddin and another, 2009, 38 CLC (HCD)
.... is discharged without any order as to costs. The order of injunction granted at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 135.......o Reported in: 16 MLR (HCD) (2011) 135....... Senior Assistant Judge, Second Court, Dhaka in Title Suit No.2 of 2004 returning the plaint shall not be set aside and or pass such other or further order or orders as to this Court may seem fit and proper. 2. The petitioner as plaintiff instituted the suit praying for the following decrees ment...... is discharged without any order as to costs. The order of injunction granted at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 135...Category: Property Law | Date: | Hits: 85
....itle Suit No.48 of 1986 are hereby affirmed.
Let a copy of this Judgment along with L.C.R. be sent to the concerned Court at once.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 130.
......130.
......pectively passed by the learned Assistant Judge, Gazipur in Title Suit No.48 of 1986 should not be set aside and/or pass such other or further order or orders passed as to this Court may seem fit and proper.
2. This matter appears in the cause list for hearing with the name of the learned Advocat......itle Suit No.48 of 1986 are hereby affirmed.
Let a copy of this Judgment along with L.C.R. be sent to the concerned Court at once.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 130.
..
Category: Property Law | Date: | Hits: 82
Raju Bala Kuri and others Vs. Narayan Chandra Kuri, 2009, 38 CLC (HCD)
....osts and the order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 126. ......down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 126. ...... passed by the learned Senior Assistant Judge, Sadar, Noakhali in Title Suit No.296 of 1994 should not be set aside and or pass such other or further order or orders as to this Court may seem fit and proper. 2. Short facts of the case are as follows:- The petitioners as plaintiffs, filed Titl......osts and the order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 126. ..Category: Civil Law | Date: | Hits: 103
Mohiuddin Ahmmed and others Vs. State, 2011, 40 CLC (HCD)
....e appeal is vacated. The Tribunal is directed to dispose of the case as early as possible. Communicate a copy of the judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ....... - I agree. Ed. This Case is also Reported in: ......ies to return to the manufacturers, are questions of facts to be determined in trial. At this stage the appellant cannot be discharged on such a defense plea, when a charge sheet has been filed after proper investigation and the Tribunal took cognizance of the offence. 6. We have examined the doc......e appeal is vacated. The Tribunal is directed to dispose of the case as early as possible. Communicate a copy of the judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 99
Md. Selim Vs. State, 2011, 40 CLC (HCD)
....believe the evidence of P.Ws.1-3 in part. 8. We have gone through the evidence on records, the impugned judgment and some decisions on the points involved. It appears that the evidence of P.W.4 is complete and self-contained. More so, his evidence has been corroborated by P.W.1 in his examination......ant Vs. The State..................Respondent Judgment April 10, 2011. Result: The appeal is dismissed. Case Referred to- Yousuf Sk. alias Sk Abu Yousuf Vs. Appellate Tribunal and another, 29 DLR (SC) 211; Abdul Hai Sikder and another Vs. The State, 43 DLR (AD) 95. Lawyers......tated above, we do not find any merit in the appeal. Accordingly, the appeal is dismissed. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is also Reported in: ......tated above, we do not find any merit in the appeal. Accordingly, the appeal is dismissed. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 94
Hozizur Rahman and others Vs. Abu Bakar Chowdhury and others, 2011, 40 CLC (AD)
....ich has been most proper and justified in the given facts and circumstances. This civil petition for leave to appeal is, therefore, dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 400.......rendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Hozizur Rahman and others..........................................Petitioners Vs. Abu Bakar Chowdhury and ot......o to assist the court for reconstruction of these records. Where both the parties have come again before the court in a subsequent suit admitting that there was an earlier suit in respect of the same property both these parties have responsibilities to produce necessary materials, papers, particular......rict Judge, 2nd Court, Habigonj by his order No.145 dated 26.10.2005 rejected the said application for rejection of the plaint but stayed further proceedings of Title Suit No.213 of 1994 till final adjudication of Title Suit No.159 of 1966. Against the said order the plaintiff filed Civil Revision..Category: Property Law | Date: | Hits: 75
Abdul Halim Vs. Dina Bandhu Chandra Das and others, 2011, 40 CLC (AD)
....at there is no merit in these civil petitions for leave to appeal. In the result both the civil petitions for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 394....... Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Abdul Halim........................................................Petitioner (In both the cases) Vs. Dina Bandhu Chandra Das and others......................Respondents (In both the cases) Judgment No......icing fraud. 16. Mr. Abdul Quiyum, the learned Counsel for the respondent No.4, on the other hand, has made submissions to the effect that the appellate court below and the High Court Division, on proper examination of the evidence on record and the facts and circumstances and on proper appreci......at there is no merit in these civil petitions for leave to appeal. In the result both the civil petitions for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 394...Category: Property Law | Date: | Hits: 72
Arab Bangladesh Bank Ltd. Vs. Md. Salauddin and others, 2010, 39 CLC (HCD)
....uster or exclusionary clauses, as they are so called. The ouster clauses are couched in similar languages and the one i.e, section 20 of the Ain of 2003 seems to be absolute in nature which creates a complete bar on seeking relief before any Court or authority impugning any proceeding pending in, or......t Division (Civil) Present: Sheikh Abdul Awal J M. Moazzam Husain J Arab Bangladesh Bank Ltd................................Defendant-petitioner Vs. Mr. Md. Salauddin and others ..................................Plaintiff-opposite parties Judgment July 8,......le Suit No.27 of 1995 in the Court of learned Joint District Judge and Artha Rin Adalat No.3 Dhaka against the defendant-opposite parties for recovery of its outstanding dues by selling the mortgaged property. Later on, the said suit was re-numbered on transfer as Title Suit No.54 of 1998 in the Cou...... 2nd Court, Narayanganj is hereby set aside and the plaint of Title Suit No.31 of 2002 is rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 97, 118; 16 BLC (HCD) (2011) 277, 293. ..Category: Civil Law | Date: | Hits: 141
S.M. Kamaluddin Vs. Chairman, First Labour Court, Dhaka and others, 2011, 40 CLC (AD)
....e impugned judgment of the High Court Division does not call for any interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 255.......d Imman Ali J Md. Momtazuddin Ahmed J S.M. Kamaluddin………………………………………………………….................Petitioner Vs. Chairman, First Labour Court, Dhaka and others......................Respondents Judgment December 15, 2011. Result: The pet......e, it could not be said that the petitioner was terminated from service because of trade union activities. From the foregoing we find that the High Court Division passed the impugned judgment upon proper consideration of the facts and circumstances and upon correct appreciation of the evidence an......e impugned judgment of the High Court Division does not call for any interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 255...Category: Labour and Industrial Law | Date: | Hits: 183
Meher Negar Vs. Mojibur Rahman, 1994, 23 CLC (HCD)
.... Motion No. 13 of 1987 is hereby set aside and that of the Magistrate, Kalkini passed in Miscellaneous Cass No. 42 of 1986 is restored. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 18. ......e Party Judgment September 5, 1994. Result: The Rule is made absolute. Cases Referred to- Civil Revision No. 870 of 1991, (unreported decision); Abdul Khaleque (Md) Vs. Selina Begum and another, 42 DLR 450; PLD 1969 (SC) 187; Supreme Court Monthly Review (Vol. IV) of 1971, 150. ...... order dated 16.3.87 passed by the Sessions Judge, Madaripur in Criminal Motion No.13 of 1987 should not be set aside or such other or further order or orders passed as to this Court may deem fit and proper. 2. Facts necessary for the purpose of disposal of this Rule are as follows‑ The pres...... Motion No. 13 of 1987 is hereby set aside and that of the Magistrate, Kalkini passed in Miscellaneous Cass No. 42 of 1986 is restored. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 18. ..Category: Family Law | Date: | Hits: 215
Iskander Lasker Vs. District Magistrate, Jessore and others, 1994, 23 CLC (HCD)
.... Khan of village Ramnager, Police Station Kotwali, District Jessore, be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ......wanted in any other connection. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ......enu Md. Shahadat Hossain alias Bere now detained in Jessore Central Jail should not be brought before this Court in order to satisfy itself that the detenu is not being held in custody illegally or improperly or such other or further order or orders passed as to this Court may seem fit and proper. ...... Khan of village Ramnager, Police Station Kotwali, District Jessore, be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ..Category: Criminal Law | Date: | Hits: 86
Syed Monirul Huda Chowdhury Vs. Fouzia Chowdhury and others, 1994, 23 CLC (HCD)
....ion disallowed, Appellate Division allowed, holding, inter alia, that amendment of plaint should be allowed when it is necessary to avoid multiplicity of proceedings, hardships to the parties and for complete adjudication of the dispute and determination of the real question in controversy. 5. Mr......ivil Revisional Jurisdiction) Present: Mahmudul Amin Chowdhury J Abu Sayeed Ahammed J Syed Monirul Huda Chowdhury………………………………Petitioner Vs. Fouzia Chowdhury and others…………………………………Opposite Parties Judgment June 5, 1994. Re......36 DLR (AD) 253. 3. Mr. Mahmudul Islam, the learned Counsel appearing on behalf of the opposite parties, advanced his arguments that since the defendants denied the plaintiff’s title in the suit property the amendment of the plaint with an additional prayer for declaration of title of the plain......lowed, Appellate Division allowed, holding, inter alia, that amendment of plaint should be allowed when it is necessary to avoid multiplicity of proceedings, hardships to the parties and for complete adjudication of the dispute and determination of the real question in controversy. 5. Mr. Islam a..Category: Property Law | Date: | Hits: 151
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