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Rupali Bank Ltd., Dhaka Vs. M/S. Brick Linkers Ltd. and Others, 2011, 40 CLC (AD)
....rs did not pay the decreetal amount within the stipulated time, the decree-holder Bank filed an application under Order 34 Rule 4 of the Code of Civil Procedure for drawing up the final decree, which prayer was allowed and the Adalat drew up the final decree on that date. Thereupon the respondent No......ee. 2. To decide this point let us recapitulate short facts out of which this appeal has arisen. Appellant Rupali Bank Limited instituted a suit in the Artha Rin Adalat, Dhaka shortly, the Adalat, for realization of Tk.48, 68,970.270 against the respondents by selling the mortgaged property. The ......em. The appeal is dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 92, 16 BLC (AD) (2000) 107, VIII ADC (2011) 523 ......em. The appeal is dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 92, 16 BLC (AD) (2000) 107, VIII ADC (2011) 523 ..Category: Banking Law | Date: 15 Feb, 2011 | Hits: 189
Promoda Sundari Sen Kalyan Trust Vs. Momtaz Zafar Ahmed and Others, 2011, 40 CLC (HCD)
....tha Rin Adalat, or its order, judgment or decree, and if any relief is claimed or prayed before any Court or authority ignoring the provisions of this Act, no Court or authority shall accept any such prayer, the judgment or decree of the Artha Rin Adalat is final and the same cannot be questioned in......rievances, other than the recourse prescribed by specific provisions governing the issue— It is an admitted proposition that the present plaintiff-petitioner did not file any application before the executing Adalat under section 32 of the Ain, 2003 but he has filed the present s......rder as to cost Let a copy of the Judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 53 ......rder as to cost Let a copy of the Judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 53 ..Category: Banking Law | Date: 9 Feb, 2011 | Hits: 2
M/S A-Z Knit Wears Ltd. and another Vs. City Bank Ltd. and others, 2011, 40 CLC (HCD)
.... We have perused the writ petition, supplementary affidavit, the papers and documents annexed therewith, and considered the submissions of the learned Advocates of both the sides. It appears from the prayer portion of the writ petition that the petitioners made a consequential prayer seeking directi......ence against the petitioners and the claim raised in the notice is correct there are all questions of facts to be determined by a competent court in due course of trail, if the notice giver bank goes for legal action. But at this stage its access of justice cannot be denied by gagging the legal noti...... without any order as to costs. The order of restraint granted at the time of issuance of the Rule is hereby vacated. Nazmun Ara Sultana J. I agree. Ed. This Case is also Reported in: ...... without any order as to costs. The order of restraint granted at the time of issuance of the Rule is hereby vacated. Nazmun Ara Sultana J. I agree. Ed. This Case is also Reported in: ..Category: Banking Law | Date: 26 Jan, 2011 | Hits: 185
Mahbub Ahmed Chowdhury Vs. Chief Election Commissioner and others, 2011, 40 CLC (AD)
.... ratified by the Representation of the People Order (Amendment) Act, 2009 (Act 13 of 2009). Subsequently, the writ petitioner filed an application before the High Court Division on 30-6-2009 with a prayer to issue a Rule afresh. Thereafter, a fresh Rule was issued by the High Court Division in th......ub Ahmed Chowdhury.......................Petitioner Vs. Chief Election Commissioner and others..........Respondents Judgment January 23, 2011. Result: Civil Petition for Leave to Appeal is dismissed. Words and Phrases Amendment and Amendment of a statut......judgment and order passed by the High Court Division. Accordingly, the Civil Petition for Leave to Appeal is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 283. ......judgment and order passed by the High Court Division. Accordingly, the Civil Petition for Leave to Appeal is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 283. ..Category: Constitutional Law | Date: 23 Jan, 2011 | Hits: 11
British American Tobacco Bangladesh Company Ltd. Vs. Begum Shamsun Nahar, 2010, 39 CLC (AD)
.... has no cause of action to file this suit against the defendant-company and, as such, the application is liable to be allowed. The plaint can be rejected at any stage of the suit and, as such, the prayer under Order VII, rule 11(a) and (d) should be allowed and the plaint is liable to be rejecte...... Sexual harassment in employment Sexual harassment in employment may be termed as any attention of a sexual nature in the context of work situation which has the effect of making a woman uncomfortable on the job, impeding her ability to do the work or interfering with her employment opportu......dings and obserÂvations we do not find any merit in the leave petiÂtion. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 80. ......dings and obserÂvations we do not find any merit in the leave petiÂtion. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 80. ..Category: Women and Children | Date: 13 Oct, 2010 | Hits: 21
State Vs. Md. Sayab Ali, 2010, 39 CLC (AD)
....ondent Md. Sayab Ali@ Babu, S/o Abdul Wahab Akanda, Village-Bawra, Police Station-Belkuchi, District-Serajgonj in connection with the case and to admit him on bail to his satisfaction if he makes any prayer in that regard. Ed. This Case is also Reported in: VIII ADC (2011) 256. ......7, 2010. Lawyers Involved: Motahar Hossain, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Petitioner. Not Represented-For the Respondent. Criminal Petition for Leave to Appeal No.52 of 2009. (From the judgment and order dated 30.6.2008 passed by the Hig......kuchi, District-Serajgonj in connection with the case and to admit him on bail to his satisfaction if he makes any prayer in that regard. Ed. This Case is also Reported in: VIII ADC (2011) 256. ......kuchi, District-Serajgonj in connection with the case and to admit him on bail to his satisfaction if he makes any prayer in that regard. Ed. This Case is also Reported in: VIII ADC (2011) 256. ..Category: Women and Children | Date: 7 Oct, 2010 | Hits: 126
Hasura Begum Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....e Station to submit a report. The petitioner prayed before the Tribunal to have the matter investigated either by the Criminal Investigation Department (CID) or Detective Branch (DB). Only after that prayer was made before the Tribunal did the OC of Motijheel Police Station record a FIR dated 1-3-20......¦Respondents Judgment August 24, 2010. Result: The Rule is disposed of. The Nari-o-Shishu Nirjatan Daman Ain, 2000 (Act No. VIII of 2000); sections 7/9(1)/30 When any information, either verbally made before the police, or in writing, regarding a cognizable offence is ......nt be communicated to the IGP and to the Ministry of Home Affairs and other respondents at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 195; 30 BLD (HCD) (2010) 481. ......nt be communicated to the IGP and to the Ministry of Home Affairs and other respondents at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 195; 30 BLD (HCD) (2010) 481. ..Category: Women and Children | Date: 24 Aug, 2010 | Hits: 187
Prime Global Ltd and others Vs. Artha Ain Adalat No.4, Dhaka and others, 2010, 39 CLC (HCD)
....ntee and mortgaged property. 4. At one stage, in the course of trial, the petitioner tried to exclude their names from the case, whereupon the Adalat by order dated 22-4-2004 rejected their prayer. As against this, the petitioners moved Writ Petition No. 5510 of 2004, whereupon the High Co......nd D1) passed in Artha Rin Case No. 293 of 2003 by the said respondent should not be declared to have been passed without any lawful authority and is of no legal effect. 2. Short facts, relevant for disposal of the rule, are that Uttara Bank Ltd., Gulshan Branch, Dhaka (Respondent No.3) filed A......eous Case No. 390 of 2008 (arising out of Artha Rin case No. 291 of 2003) is without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 205 ......eous Case No. 390 of 2008 (arising out of Artha Rin case No. 291 of 2003) is without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 205 ..Category: Banking Law | Date: 23 Aug, 2010 | Hits: 2
Dhirendra Nath Mondal Vs. Agrani Bank Ltd and others, 2010, 39 CLC (HCD)
....ot served upon him. We have carefully gone through the judgment reported in 15 BLD (AD) 35. Said Civil Petition for Leave to Appeal arose against the judgment and order of this Division rejecting the prayer for stay of the proceedings of the execution case. Facts as stated in the said Civil Petition...... 1990 has ousted jurisdiction of all courts and authorities to challenge Judgment and Order of Artha Rin Adalat. But under section 7 of Artha Rin Adalat Ain, 1990 appeal can be preferred against the aforesaid Judgment and order. For preferring appeal 50% of the decretal amount must be deposited. Sec......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. ..Category: Civil Law | Date: 7 Jun, 2010 | Hits: 6
Roshanally Mohamed Harji and another Vs. AKM Zakir Hossain and another, 2010, 39 CLC (HCD)
....gards land in suit. Against this legal notice, defendant No.1 also served a legal notice. Thereafter, it is learnt that defendant No.1 transferred the suit land to defendant No.2, hence the suit with prayer that 'a decree be passed directing defendant No.1 and 2 to execute and register the sale deed......endant-Appellants Vs. AKM Zakir Hossain and another………………………Respondents Judgment May 12, 2010. Result: The appeal is allowed. In a suit for specific performance of a contract, the prime consideration is the bainapatra i.e. the agreemen......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 . ..Category: Property Law | Date: 12 May, 2010 | Hits: 133
Md. Tofazzel Hossain and others Vs. People's Republic of Bangladesh, 2010, 39 CLC (HCD)
.... requested him to inform the Bangladesh Bank and take step to strike out them name from C/B ledger of Bangladesh Bank as defaulters which was done illegally. But the Respondent paid no heed to the prayers of the petitioners. Accordingly the petitioners through his lawyer sent a demand of justice......petitioners in availing Bank facilities pursuant to the alleged CIB Embargo noted as B-code 2614 and B-code 2615 imposed on 30-06-1998 in the ledger of CIB, Bangladesh Bank. 2. Relevant facts for disposal of the Rule, in short, are that the petitioners are the citizens of Bangladesh and the......f this Judgment and order. Ad interim direction granted earlier at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 235. ......f this Judgment and order. Ad interim direction granted earlier at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 235. ..Category: Civil Law | Date: 16 Mar, 2010 | Hits: 7
Abdur Rouf Chowdhury (Md.) Vs. Mirza Shahabuddin Ispahani and others, 2010, 39 CLC (HCD)
....the RAJUK that the plaintiff informed RAJUK about the alleged cancellation of the power of attorney by him but he failed to produce the alleged instrument of cancellation and, as such, the plaintiffs prayer for stay of proceedings was not accepted by RAJUK. Thereafter, defendants stated that, as att......nce came into existence some time after the disposal of the suit, the appellate Court would be justified in admitting the additional evidence even at the appellate stage, if the Court thinks that but for the additional evidence there would remain some inherent lacuna and defect in the evidence made ....... 44. In the result, the appeal is dismissed. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 323. ....... 44. In the result, the appeal is dismissed. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 323. ..Category: Procedural Law | Date: 10 Mar, 2010 | Hits: 13
Dr. Md. Nazimuddin and others Vs. Md. Abdur Rahman Siddique and others, 2010, 39 CLC (HCD)
.... and that was allowed. The opposite party failed to appear before the Executing Court and as such the Court started proceeding with the Execution Case. The decree holder petitioner ultimately made prayer for attachment of the judgment debtors' property and for realization of decreetal amount aft...... The General Clauses Act, 1897 (Act No. X of 1897); section 5 Whether the Bankruptcy Act, 1997 is a retrospective legislation? The purpose of promulgation of the Bankruptcy Act was only for easy disposal of loan cases between financial institution granting loan and the loanee. After p......ower Court's record at once. Let a copy of the judgment be transmitted to the Courts concerned at their respective station. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 305. ......ower Court's record at once. Let a copy of the judgment be transmitted to the Courts concerned at their respective station. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 305. ..Category: Civil Law | Date: 25 Feb, 2010 | Hits: 7
Ayrin Akhter Lypi Vs. Bahadur Khan and another, 2010, 39 CLC (HCD)
.... Judgment January 27, 2010. Result: The Rule is made absolute. Although the law, as provided under Section 494 of the Code of Criminal Procedure, authorizes a Public Prosecutor to make a prayer to the Court for withdrawal of the case from prosecution but that is subject to consent of th......y 27, 2010. Result: The Rule is made absolute. Although the law, as provided under Section 494 of the Code of Criminal Procedure, authorizes a Public Prosecutor to make a prayer to the Court for withdrawal of the case from prosecution but that is subject to consent of the trial Court and th......his judgment and order to the Court concerned for inf6rination and necessary action. Ed. This Case is also Reported in:19 BLT (HCD) (2011) 488; 15 MLR (HCD) (2010) 139; 30 BLD (HCD) (2010) 280. ......his judgment and order to the Court concerned for inf6rination and necessary action. Ed. This Case is also Reported in:19 BLT (HCD) (2011) 488; 15 MLR (HCD) (2010) 139; 30 BLD (HCD) (2010) 280. ..Category: Women and Children | Date: 27 Jan, 2010 | Hits: 156
Paresh Chandra Biswas Vs. Sree Sree Shashan Kalimata Idol and others, 2009, 38 CLC (HCD)
....e course of trial of the suit but they did not mark it as exhibit. In this Court, they filed an application for recording additional evidence for exhibiting the deed of endowment. We have allowed the prayer and marked it as Exhibit 3. 8. Mr. Mir Mahfuzur Rahman, learned Advocate, has reiterated......e deity on earth and is endowed with authority to deal with all its temporal affairs. In a Hindu religious endowment, the entire ownership of the dedicated property vests in the trustee, who holds it for the benefit of Cestui Que trust. The entire ownership of the dedicated property is transferred t......he result, the appeal is dismissed with costs. The connected Rule is discharged. Send down the lower Court records at once. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 679. ......he result, the appeal is dismissed with costs. The connected Rule is discharged. Send down the lower Court records at once. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 679. ..Category: Others, Property Law | Date: 16 Dec, 2009 | Hits: 94
State Vs. Secretary, Ministry of Law, Justice & Parliamentary Affairs and others, 2009, 38 CLC (HCD)
....d on the next day i.e. on 01.04.2009. After recording her statement the learned Magistrate again sent her to the safe home. In the meantime the Officer-in-Charge of Osmani Nagar Police Station made a prayer to the Court for allowing the victim's mother to stay in the safe home with her daughter S. T......, 1974 and section 14(1) of the Nari-o-Shishu Nirjatan Daman Ain, 2000] was allegedly raped by her neighbour and distant relative [identity withheld]. The parents of the girl, after getting treatment for her from a local clinic, took her for better treatment to the Osmani Medical College Hospital, S...... judgment is circulated to all Judicial Officers in the service of the Republic. Md. Fazlur Rahman J. - I agree. This Case is also Reported in: 30 BLD (HCD) (2010) 369; 15 MLR (HCD)(2010) 59. ...... judgment is circulated to all Judicial Officers in the service of the Republic. Md. Fazlur Rahman J. - I agree. This Case is also Reported in: 30 BLD (HCD) (2010) 369; 15 MLR (HCD)(2010) 59. ..Category: Women and Children | Date: 3 Sep, 2009 | Hits: 198
Sheikh Mashuk Rahman Vs. State and another, 2009, 38 CLC (HCD)
....earned Metro. Assistant Sessions Judge granted bail to the petitioner on 8-11-06. 5. Thereafter, the accused petitioner moved a petition under section 265C of the Code of Criminal Procedure with prayer to discharge him. But the said petition being rejected by order No.7 dated 15-5-07 the trial ......opposite party to show cause as to why the proceedings of Metro Sessions Case No.2155 of 2006 arising out of CR No.2612 of 2005 under section 138 of the Negotiable Instruments Act, 1881 now pending before the court of Metro. Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. 2. T......ult the Rule is discharged. The order of stay granted earlier by this court is hereby vacated. Communicate the order. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 28. ......ult the Rule is discharged. The order of stay granted earlier by this court is hereby vacated. Communicate the order. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 28. ..Category: Banking Law | Date: 16 Aug, 2009 | Hits: 190
Dr. Mohiuddin Khan Alamgir Vs. ACC and another, 2009, 38 CLC (HCD)
....d. Since the appellant is on bail, let him be released from the bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 107. ......let him be released from the bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 107. ......d. Since the appellant is on bail, let him be released from the bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 107. ......on. He forwarded the Additional Property Statement on 2-5-2007. He heard that Major Khandker Hasan and Members of Task Force on 7-4-2007 met with Dr. Aiamgir. He was on leave on that date to meet the detenue. The permission was required from the District Magistrate. 60. P.W. 11 is Md. Rabiul Ha..Category: Anti-Corruption Laws | Date: 13 Jul, 2009 | Hits: 286
Agrani Bank Vs. Md. Abdul Khaleque & another, 2009, 38 CLC (HCD)
....fendants filed an application praying for remission of the interest and assured to repay the loan after the consideration of the interest and assured to repay the loan after the consideration of this prayer. On their prayer a special privilege was given to the defendants by the Bank authority by rem....... R.O. Mymen/442 with a condition to repay the loan in 10 equal installment. Being aggrieved on the stipulated condition the defendants loanee after fulfilling all the conditions & observing the formalities has drawn the loan of Tk.25,000/- from the plaintiff Bank. The defendant No.1 failed to ......dismissed, the judgment and the decree of the trial court is hereby set aside. Send down the L.C. record immediately. Md. Abu Tariq J.- I agree. Ed. This Case is also Reported in:......dismissed, the judgment and the decree of the trial court is hereby set aside. Send down the L.C. record immediately. Md. Abu Tariq J.- I agree. Ed. This Case is also Reported in:..Category: Banking Law | Date: 23 Jun, 2009 | Hits: 153
Sheikh Md. Nurul Haque Vs. State and anothÂer, 2009, 38 CLC (HCD)
.... of Criminal Procedure and issued summons under secÂtion 138 of the Negotiable Instruments Act, 1881. The accused petitioner having received the summons surrendered before the Court concerned with a prayer for bail and the learned Chief Metropolitan Magistrate enlarged the accused petitioner on bai......s in Case No.451 of 2005 under section 138 of the Negotiable Instruments Act, 1881 now pending in the Court of the learned Metropolitan Magistrate, Khulna should not be quashed. 2. Necessary facts for the purpose of disÂposal of the Rule, in short, is that, on 26-05-2005 the Complainant opposite......ds vacated. Send a copy of this order to the Metropolitan Magistrate, Khulna for compliÂance. Md. Ataur Rahman Khan J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 162. ......ds vacated. Send a copy of this order to the Metropolitan Magistrate, Khulna for compliÂance. Md. Ataur Rahman Khan J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 162. ..Category: Banking Law | Date: 26 May, 2009 | Hits: 663
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