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Gopinath Das and others Vs. Government of Bangla­desh & others, 2010, 39 CLC (HCD)

....short) but ultimately did not file any. Finally, the petitioners got a compromise decree on 28-11-99. The decree was put to execution in Execution Case No.31(G)/2000 in the Court of Subordinate Judge Artha Rin Adalat, 3, Dhaka. Summons of the execu­tion case was duly served upon the defendant Nos.1...... but ultimately did not file any. Finally, the petitioners got a compromise decree on 28-11-99. The decree was put to execution in Execution Case No.31(G)/2000 in the Court of Subordinate Judge Artha Rin Adalat, 3, Dhaka. Summons of the execu­tion case was duly served upon the defendant Nos.1 and 2...... ultimately did not file any. Finally, the petitioners got a compromise decree on 28-11-99. The decree was put to execution in Execution Case No.31(G)/2000 in the Court of Subordinate Judge Artha Rin Adalat, 3, Dhaka. Summons of the execu­tion case was duly served upon the defendant Nos.1 and 2 on ......Case is also Reported in: 64 DLR (HCD) (2012) 167. ..

Category: Property Law | Date: | Hits: 149

Hubble Corporate Ltd. Vs. Artha Rin Adalat & others, 2010, 39 CLC (HCD)

....preme Court High Court Division (Special Original Jurisdiction) Present: Zinat Ara J Md. Abu Zafor Siddique J Hubble Corporate Ltd………………………Petitioners Vs. Artha Rin Adalat & others………………………………..Respondents Judgment August......Court High Court Division (Special Original Jurisdiction) Present: Zinat Ara J Md. Abu Zafor Siddique J Hubble Corporate Ltd………………………Petitioners Vs. Artha Rin Adalat & others………………………………..Respondents Judgment August 4, 20......t High Court Division (Special Original Jurisdiction) Present: Zinat Ara J Md. Abu Zafor Siddique J Hubble Corporate Ltd………………………Petitioners Vs. Artha Rin Adalat & others………………………………..Respondents Judgment August 4, 2010. ......nts Judgment August 4, 2010. Result: The Rule is discharged. Case Referred to- Abdul Jalil Vs. Islami Bank Bangladesh Limited, 53 DLR (AD) 12; Pubali Bank Ltd. Vs. Sultana Oil Mills and Soap Factory, 51 DLR 323; Burma Eastern Ltd. Vs. Burma Eastern Employees Union, 18 DLR 709; Shaf..

Category: Civil Law | Date: | Hits: 176

Shitalakhaya Ice and Cold Storage Pvt. Ltd. Vs. Artha Rin Adalat and others, 2012, 41 CLC (HCD)

.... Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Mustafa Zaman Islam J Shitalakhaya Ice and Cold Storage Pvt. Ltd…………………Petitioner Vs. Artha Rin Adalat No.1, Dhaka and others…………………Respondents Judgment June 11, 2012...... Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Mustafa Zaman Islam J Shitalakhaya Ice and Cold Storage Pvt. Ltd…………………Petitioner Vs. Artha Rin Adalat No.1, Dhaka and others…………………Respondents Judgment June 11, 2012. ......ision (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Mustafa Zaman Islam J Shitalakhaya Ice and Cold Storage Pvt. Ltd…………………Petitioner Vs. Artha Rin Adalat No.1, Dhaka and others…………………Respondents Judgment June 11, 2012. Resu......s also Reported in: 64 DLR (HCD) (2012) 487. ..

Category: Civil Law | Date: | Hits: 108

Bashir Ullah Master Vs. Bangladesh and others, 2008, 37 CLC (HCD)

....ued, on an application under Article 102 of the Constitution of the People's Republic of Bangladesh, calling upon the respondents to show cause as to why the impugned order dated 13-11-2005 passed by Artha Rin Adalat, First Court, Chandpur, Dhaka, in Artha Execution Case No. 28 of 2005 issuing warra......n an application under Article 102 of the Constitution of the People's Republic of Bangladesh, calling upon the respondents to show cause as to why the impugned order dated 13-11-2005 passed by Artha Rin Adalat, First Court, Chandpur, Dhaka, in Artha Execution Case No. 28 of 2005 issuing warrant of ...... application under Article 102 of the Constitution of the People's Republic of Bangladesh, calling upon the respondents to show cause as to why the impugned order dated 13-11-2005 passed by Artha Rin Adalat, First Court, Chandpur, Dhaka, in Artha Execution Case No. 28 of 2005 issuing warrant of arre......2009) 760. ..

Category: Civil Law | Date: | Hits: 93

National Bank Ltd. Vs. Provashi International Ltd. and others, 2010, 39 CLC (HCD)

....ellant Vs. Provashi International Ltd. and others………………………Defendant-respondents Judgment December 12, 2010. Result: The appeal is dismissed. Jurisdiction of the Artha Rin Adalat The Artha Rin Adalat Ordinance came into effect on 31-7-1989 establishing specia...... Vs. Provashi International Ltd. and others………………………Defendant-respondents Judgment December 12, 2010. Result: The appeal is dismissed. Jurisdiction of the Artha Rin Adalat The Artha Rin Adalat Ordinance came into effect on 31-7-1989 establishing special Cour......Vs. Provashi International Ltd. and others………………………Defendant-respondents Judgment December 12, 2010. Result: The appeal is dismissed. Jurisdiction of the Artha Rin Adalat The Artha Rin Adalat Ordinance came into effect on 31-7-1989 establishing special Courts f......n (Civil Appellate Jurisdiction) Present: Sheikh Abdul Awal J FRM Nazmul Ahasan J National Bank Ltd………………………Plaintiff-appellant Vs. Provashi International Ltd. and others………………………Defendant-respondents Judgment December 12, 2010. Resu..

Category: Civil Law | Date: | Hits: 106

Nurul Islam Shaikha and others Vs. Shahadat Hossain & others, 2011, 40 CLC (HCD)

....l application under section 115(1) of the Code of Civil Procedure is about sustainability of the Judgment and order dated 12-7-1994 (decree dated 19-7-1994) by which the learned Subordinate Judge and Artha Rin Adalat, Pabna dis­missed Other Class Appeal No.128 of 1990 and thereby affirmed the Judgm......ication under section 115(1) of the Code of Civil Procedure is about sustainability of the Judgment and order dated 12-7-1994 (decree dated 19-7-1994) by which the learned Subordinate Judge and Artha Rin Adalat, Pabna dis­missed Other Class Appeal No.128 of 1990 and thereby affirmed the Judgment an......ion under section 115(1) of the Code of Civil Procedure is about sustainability of the Judgment and order dated 12-7-1994 (decree dated 19-7-1994) by which the learned Subordinate Judge and Artha Rin Adalat, Pabna dis­missed Other Class Appeal No.128 of 1990 and thereby affirmed the Judgment and Or......t. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 222. ..

Category: Property Law | Date: | Hits: 139

Md. Joinaul Abedin Mintu Vs. Joint District Judge, 3rd Court Tangail and others, 2010, 39 CLC (HCD)

....¦â€¦â€¦Petitioner Vs. Joint District Judge, 3rd Court Tangail and others………………………Respondents Judgment February 4, 2010. Result: The Rule is made absolute. The Artha Rin Adalat Ain, 2003 (Act No. VIII of 2003); section 33 After the institution of the Execut......¦Petitioner Vs. Joint District Judge, 3rd Court Tangail and others………………………Respondents Judgment February 4, 2010. Result: The Rule is made absolute. The Artha Rin Adalat Ain, 2003 (Act No. VIII of 2003); section 33 After the institution of the Execution Ca......itioner Vs. Joint District Judge, 3rd Court Tangail and others………………………Respondents Judgment February 4, 2010. Result: The Rule is made absolute. The Artha Rin Adalat Ain, 2003 (Act No. VIII of 2003); section 33 After the institution of the Execution Case i......l Jurisdiction) Present: Hasan Foez Siddique J Md. Moinul Islam Chowdhury J Md. Joinaul Abedin Mintu………………………Petitioner Vs. Joint District Judge, 3rd Court Tangail and others………………………Respondents Judgment February 4, 2010. Result: The..

Category: Civil Law | Date: | Hits: 174

Md. Abul Basher Vs. The Judge, First Artha Rin Adalat, Chittagong and others, 2008, 37 CLC (HCD)

....me Court High Court Division (Special Original Jurisdiction) Present: Zinat Ara J Sheikh Abdul Awal J Md. Abul Basher………………………Petitioner Vs. The Judge, First Artha Rin Adalat, Chittagong and others………………….Respondents Judgment May 6, 2008.......rt High Court Division (Special Original Jurisdiction) Present: Zinat Ara J Sheikh Abdul Awal J Md. Abul Basher………………………Petitioner Vs. The Judge, First Artha Rin Adalat, Chittagong and others………………….Respondents Judgment May 6, 2008. Re...... High Court Division (Special Original Jurisdiction) Present: Zinat Ara J Sheikh Abdul Awal J Md. Abul Basher………………………Petitioner Vs. The Judge, First Artha Rin Adalat, Chittagong and others………………….Respondents Judgment May 6, 2008. Result......on (Special Original Jurisdiction) Present: Zinat Ara J Sheikh Abdul Awal J Md. Abul Basher………………………Petitioner Vs. The Judge, First Artha Rin Adalat, Chittagong and others………………….Respondents Judgment May 6, 2008. Result: The Rule is di..

Category: Civil Law | Date: | Hits: 136

Waseq Ullah & Others Vs. Rezia Khatun and Others, 2010, 39 CLC (HCD)

....rred by plaintiffs and Appeal From Original Decree No.183 of 1999 preferred by other defendants are directed against same judgment and decree dated 12-10-1998 passed by the learned Subordinate Judge, Artha Rin Adalat, Noakhali decreeing Title Suit No.50 of 1990 in respect of 1.80 acres of land out o......y plaintiffs and Appeal From Original Decree No.183 of 1999 preferred by other defendants are directed against same judgment and decree dated 12-10-1998 passed by the learned Subordinate Judge, Artha Rin Adalat, Noakhali decreeing Title Suit No.50 of 1990 in respect of 1.80 acres of land out of 2.93......aintiffs and Appeal From Original Decree No.183 of 1999 preferred by other defendants are directed against same judgment and decree dated 12-10-1998 passed by the learned Subordinate Judge, Artha Rin Adalat, Noakhali decreeing Title Suit No.50 of 1990 in respect of 1.80 acres of land out of 2.93 acr...... High Court Division (Civil Appellate Jurisdiction) Present: Sharif Uddin Chaklader J Md. Shawkat Hossain J Waseq Ullah & Others.................Appellants Vs. Rezia Khatun and Others……............Respondents Judgment May 23, 2010. Result: The First Appea..

Category: Property Law | Date: | Hits: 83

Anwar Hossain (Md.) Vs. State, 2008, 37 CLC (HCD)

....anted in any other connection. Send down the lower Court records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 671. ......anted in any other connection. Send down the lower Court records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 671. ......No. 75 dated 10-12-1999 against the accused persons under sections 9(Ga)/6(3)/14 of the Ain. 4. The case ultimately, came to the Court of the learned Judge, Nari-o-Shishu Nirjatan (Bishesh Bidhan) Adalat, Shariatpur which was registered as Nari-o-Shishu Nirjatan case No. 01 of 2000 and the learne......lt: The Appeal is allowed. Duties of a Court in Criminal Proceedings The cardinal principles of criminal jurisprudence in awarding conviction followed by sentence upon an indicted person demands meditation. A legal survey of law, appraisal of evidence, browsing eye on materials brought on ..

Category: Criminal Law | Date: | Hits: 74

Sadiul Alam Vs. State, 2012, 41 CLC (HCD)

.... hank authority, sold out 35 Taxi Cabs and made part payment amounting to Taka 1,85,16,826.83 to the bank against the loan and interest. For non-payment of remaining loan and interest, the bank filed Artha Rin Case No.57 of 2002 before the Artha Rin Adalat No.3, Dhaka for realization of the same. Du......authority, sold out 35 Taxi Cabs and made part payment amounting to Taka 1,85,16,826.83 to the bank against the loan and interest. For non-payment of remaining loan and interest, the bank filed Artha Rin Case No.57 of 2002 before the Artha Rin Adalat No.3, Dhaka for realization of the same. During p......rt payment amounting to Taka 1,85,16,826.83 to the bank against the loan and interest. For non-payment of remaining loan and interest, the bank filed Artha Rin Case No.57 of 2002 before the Artha Rin Adalat No.3, Dhaka for realization of the same. During pendency of the Artha Rin Case, though the ac......Procedure, one of the following condi­tions must be fulfilled: (1) Interference even at an initial stage may be justified where the facts are so preposterous that even on admitted facts no case stands against the accused. (2) Where the institution and continuation of the proceeding amount to ..

Category: Criminal Law | Date: | Hits: 92

Elite Lamps Ltd. Vs. Secretary, Ministry of Industries and others, 2007, 36 CLC (HCD)

....ick industry and to implement the recommendations of the Parliamentary Committee of Bangladesh Jatiya Sangshad over the petitioner's Sick Industry for the above purpose and to withdraw the suit being Artha Rin Adalat Case No. 30 of 1991 now pending in the Court of Artha Rin Adalat No. 1, Dhaka. 2......dustry and to implement the recommendations of the Parliamentary Committee of Bangladesh Jatiya Sangshad over the petitioner's Sick Industry for the above purpose and to withdraw the suit being Artha Rin Adalat Case No. 30 of 1991 now pending in the Court of Artha Rin Adalat No. 1, Dhaka. 2. The ......ry and to implement the recommendations of the Parliamentary Committee of Bangladesh Jatiya Sangshad over the petitioner's Sick Industry for the above purpose and to withdraw the suit being Artha Rin Adalat Case No. 30 of 1991 now pending in the Court of Artha Rin Adalat No. 1, Dhaka. 2. The case......High Court Division (Special Original Jurisdiction) Present: Zinat Ara J Sheikkh Abdul Awal J Elite Lamps Ltd…………………Petitioner Vs. Secretary, Ministry of Industries and others………………..Respondents Judgment November 19, 2007. Result: The Rule i..

Category: Constitutional Law | Date: | Hits: 334

Abdul Latif Howlader Vs. Additional Deputy Commi­ssioner (Revenue) & others, 1998, 27 CLC (HCD)

....nder Article 102 of the Constitution. In the result, the application is rejected with a cost of Taka 1,000.00 (One thousand) only. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 638. ......dur Rahman J.- This application under Article 102(2)(a)(ii) of our Constitution calls in question judgment and order dated 10‑6‑1997 passed by Additional Deputy Commissioner (Revenue) Pirojpur in Rin shalishi Appeal No.356/91‑92 modifying the judgment and order dated 11‑11‑91 passed by Rin......nder Article 102 of the Constitution. In the result, the application is rejected with a cost of Taka 1,000.00 (One thousand) only. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 638. ......espondents Judgment August 4, 1998. Result: The application is rejected. The Constitution of Bangladesh, 1972, Article 102(2)(a)(ii) Wwhere an authority is vested with jurisdiction and in exercise of such jurisdiction it commits mistake such mistake cannot be amenable to judicial ..

Category: Constitutional Law | Date: | Hits: 222

Abdul Wadud Miah Vs. Bangladesh, repre­sented by the Secretary Ministry of Jute & others, 2008, 37 CLC (HCD)

....a defaulting borrower of the saidBank against whom Uttara Bank Ltd. institut­ed mortgage Title Suit No.30 of 2001 and obtained decree on contest on 07.7.2002 and through executing the said decree in Arthajari Case No.73 of 2003 they have made adver­tisement for public auction for entire concern of...... cancelled. In the meantime the possession of the entire concern Taj Jute Backing Co. Ltd. has been handed over to the Respondent No.3 Uttara Bank though the Court, pursuant to the provision of Artha Rin Adalat Ain, 2003 and as such this rule is liable to be discharged. 7. The learned Advocate Mr......celled. In the meantime the possession of the entire concern Taj Jute Backing Co. Ltd. has been handed over to the Respondent No.3 Uttara Bank though the Court, pursuant to the provision of Artha Rin Adalat Ain, 2003 and as such this rule is liable to be discharged. 7. The learned Advocate Mr. Kh...... can not claim to be heard before the same is infringed by any action either judicial or administrative………………………(27) Public body when deciding something must not be unreasonable and the actions of the authority must not be so much at odd with the requirement of fairness that th..

Category: Administrative Law | Date: | Hits: 299

FR Garments (Pvt.) Ltd. Vs. Artha Rin Adalat, Dhaka, 2008, 37 CLC (HCD)

.... (HCD) (2009) 223. ...... (2009) 223. ......09) 223. ......Garments (Pvt.) Ltd…………Petitioner Vs. Artha Rin Adalat, Dhaka .......Respondents Judgment April 23, 2008. Result: The Rule is discharged with a cost of Taka 5,000 (five thousand). Application of writ juridiction against the judgment and decree passed by the Artha Rin Ada..

Category: Civil Law | Date: | Hits: 170

Moniruzzaman (Md.) Vs. Bangladesh House Building Finance Corporation and others, 2010, 39 CLC (HCD)

....15 lakh and odd overdue on the loan account. HBFC filed Miscellaneous Case No.39 of 1993 under Article 27 of the Bangladesh House Building Finance Corporation Order, 1973, (PO No. VII of 1973) in the Artha Rin Adalat, Tangail, for realization of the loan-money. 3. Subsequently the HBFC, however, ......h and odd overdue on the loan account. HBFC filed Miscellaneous Case No.39 of 1993 under Article 27 of the Bangladesh House Building Finance Corporation Order, 1973, (PO No. VII of 1973) in the Artha Rin Adalat, Tangail, for realization of the loan-money. 3. Subsequently the HBFC, however, moved ......d odd overdue on the loan account. HBFC filed Miscellaneous Case No.39 of 1993 under Article 27 of the Bangladesh House Building Finance Corporation Order, 1973, (PO No. VII of 1973) in the Artha Rin Adalat, Tangail, for realization of the loan-money. 3. Subsequently the HBFC, however, moved an a......ivil Revisional Jurisdiction) Present: Sheikh Abdul Awal J M Moazzam Husain J Moniruzzaman (Md.)……………………Petitioner Vs. Bangladesh House Building Finance Corporation and others……………………Opposite-Parties Judgment July 12, 2010. Result: The..

Category: Property Law | Date: | Hits: 127

Sk Shayeed-ul-Amin and others Vs. State, 2010, 39 CLC (HCD)

....esult, we find merit in the rule issued earlier. According the rule is made absolute. Send down the Lower Court Record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 237. ......esult, we find merit in the rule issued earlier. According the rule is made absolute. Send down the Lower Court Record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 237. ...... 2. Essential facts which are required for disposal of this rule are that the opposite party No.2 as complainant filed a petition of com­plaint before the Magistrate, 1st Class, Nalishi "Ka" Anchal, Adalat Satkhira under section 406/420 and 109 of the Penal Code on 19-1-2004 alleging, inter alia, t......ed in: 16 BLC (HCD) (2011) 237. ..

Category: Criminal Law | Date: | Hits: 102

Md. Mostafa Rana Vs. Most. Farzana Sultana, 2009, 38 CLC (HCD)

....ne, reported in 49 DLR (AD) 135, i.e. the case of Nur Islam (Md.) Vs. Agrani Bank, wherein Full Bench of the Appellate Division held as: "We do not find any substance in this con­tention, for the Artha Rin Adalat Act specif­ically provides for only two remedies against an ex parte decree. It is......ported in 49 DLR (AD) 135, i.e. the case of Nur Islam (Md.) Vs. Agrani Bank, wherein Full Bench of the Appellate Division held as: "We do not find any substance in this con­tention, for the Artha Rin Adalat Act specif­ically provides for only two remedies against an ex parte decree. It is eithe......ed in 49 DLR (AD) 135, i.e. the case of Nur Islam (Md.) Vs. Agrani Bank, wherein Full Bench of the Appellate Division held as: "We do not find any substance in this con­tention, for the Artha Rin Adalat Act specif­ically provides for only two remedies against an ex parte decree. It is either by......ation on the same date before rising of the Court, the learned judge instead of fixing the matter for hearing on a subsequent date could have avoid trouble by simply re-call­ing the order of default and fix the date for disposal of the appeal. In the failure to do so, the order passed by the learne..

Category: Procedural Law | Date: | Hits: 154

Shafiqul Islam (Md.) Vs. State, 1998, 27 CLC (HCD)

....k be set at liberty if not wanted in connection with any other case. Let the affidavit filed by Noor Ali Sk. be kept with the record. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 581. ......k be set at liberty if not wanted in connection with any other case. Let the affidavit filed by Noor Ali Sk. be kept with the record. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 581. ...... Kazi Ebadul Haque J.- This appeal at the instance of the convict Md. Shafiqul Islam is directed against judgment and order dated 20‑1‑1998 passed by the Nari‑O‑Shishu Nirjatan Daman Bishesh Adalat, Satkhira in Nari & Shishu Case No.77 of 1996 convicting him under section 9(Ga) of the N......y‑General ‑ For the State. Criminal Appeal No.241 of 1998.  Judgment Kazi Ebadul Haque J.- This appeal at the instance of the convict Md. Shafiqul Islam is directed against judgment and order dated 20‑1‑1998 passed by the Nari‑O‑Shishu Nirjatan Daman Bishesh Adalat, Satkhir..

Category: Criminal Law | Date: | Hits: 89

Iftekhar Afzal and anothers Vs. Pubali Bank Limited and others, 1998, 27 CLC (HCD)

....waruddin J.- These 3 Rules have been heard together as the main point for consideration in these Rules is, whether a revisional application or a writ will lie against an interlocutory order passed by Artha Rin Adalat. 2. In Civil Revision No.3542 of 1994 the petitioner Iftekhar Afzal as plaintiff......in J.- These 3 Rules have been heard together as the main point for consideration in these Rules is, whether a revisional application or a writ will lie against an interlocutory order passed by Artha Rin Adalat. 2. In Civil Revision No.3542 of 1994 the petitioner Iftekhar Afzal as plaintiff filed.......- These 3 Rules have been heard together as the main point for consideration in these Rules is, whether a revisional application or a writ will lie against an interlocutory order passed by Artha Rin Adalat. 2. In Civil Revision No.3542 of 1994 the petitioner Iftekhar Afzal as plaintiff filed a s......orted in: 50 DLR (HCD) (1998) 623. ..

Category: Civil Law | Date: | Hits: 171