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Sreemoti Shipra Shaha Vs. Judge, Artha Rin Adalat No.3, Dhaka and others, 2009, 38 CLC (AD)
....the petitioner and she also never stood guarantor against any loan transaction. That Title Suit No.244 of 1991 was filed against her by the respondent bank on false claim and that suit was decreed ex-parte beyond her knowledge. Subsequently, that decree was put into execution in Title Execution Case......of 2003 rejecting an application under Section 47/49/57 of the Artha Rin Adalat Ain, 2003 for acceptance of the principal amount of TK.3.00 lac and for redemption of the scheduled property subject to payment of interest of TK.6.00 lac as double of the principal amount by instalments within one year ......ation imposed by Section 47 of the Artha Rin Adalat Ain, 2003. 2. The facts involved in the case, in short, are that the petitioner never approached the respondent No.2 Pubali Bank Limited for any loan and had no knowledge at all about the loan transaction done by someone else in the name of the ..Category: Civil Law | Date: | Hits: 94
Sheikh Hassan Vs. Mst. Shiriya Begum and another, 2009, 38 CLC (AD)
....nt did not take any step to produce additional evidence before the lower appellate court also. Mr. Alam read out certain orders though not annexed with the revisional application which show that on a particular date the defendant No.1 was present in court with five witnesses but on the said date the......cord arrived at a correct decision and accordingly there is no cogent reason to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 146.......1 contested the suit and filed written statement denying the material allegations made in the plaint and contending that the plaintiff is his sister in law and being a solvent person she used to give loan to others and thereby earn interest and the defendant No.1 had no intention to sell the suit la..Category: Property Law | Date: | Hits: 54
Bangladesh Steel & Engineering Corporation Vs. Arif A. Shekha and others, 2010, 39 CLC (AD)
....lawful authority. No case has been made out for review. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010)137. ...... Government being satisfied as to the nationality of the writ petitioner appellants and as to their share holding interest released M/S. Bella Artifitex, admitted the claim of the writ appellants for payment of compensation. The High Court Division therefore held that the vesting of the company and ......lawful authority. No case has been made out for review. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010)137. ..Category: Business or Commercial Law | Date: | Hits: 195
Md. Shahjahan Ali and others Vs. Most. Maleka Bewa and others, 2009, 38 CLC (AD)
....26(6) 86 under section 144 of the Code of Criminal Procedure and finally the said proceedings was made absolute on 11.11.86 but then the defendant No.1 forcibly entered into the suit land in the last part of Magh, 1393 B.S. and constructed a tin shed thatched hut in a portion of the suit land and th...... of the materials on record arrived at a correct decision and accordingly no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 134. ...... of the materials on record arrived at a correct decision and accordingly no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 134. ..Category: Property Law | Date: | Hits: 57
Mostafa Kamal Vs. Md. Nasir Ahmed and others, 2008, 37 CLC (AD)
....mad Fazlul Karim J. - This Appeal, by leave, is directed against the judgment and order dated 03.04.2002 passed by the High Court Division in Civil Revision No.830 of 1999 making the Rule absolute-in-part thereby sending the suit on remand setting aside the judgment and decree dated 14.02.1999 of th......Criminal Appeal No.11(2) of 1980; that plaintiffs predecessor filed suit in the Court of Munsif seeking eviction of the defendants stating that the defendants are his tenants and had defaulted in the payment of rent and the said suit was dismissed on 30.03.1978; that defendants got the land recorded......ed of. In view of the above, we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 124. ..Category: Property Law | Date: | Hits: 64
Sonali Bank Ltd. Vs. Md. Nur Habib Bappi and others, 2009, 38 CLC (AD)
....ecord made the Rule absolute and there is no cogent reason to call for any interference by this Division. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010)121. ......ecord made the Rule absolute and there is no cogent reason to call for any interference by this Division. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010)121. ......ealisation of the decretal amount and then in the said execution case several auction notices were published for selling the properties which were mortgaged by the judgment debtor as security for the loan and then in pursuant to the auction notice published as per order dated 10.1.2007, auction was ..Category: Civil Law | Date: | Hits: 89
National Bank Limited Vs. New Sonali Garments (Private) Ltd. & Others, 1993, 22 CLC (HCD)
....Adalat can be challenged in any Court. Under section 7 of the Adalat Act an appeal is provided for to the High Court Division against the decree of an Artha Rin Adalat within 30 days by the aggrieved party. And where the aggrieved party is the defendant he can prefer an appeal only on depositing 50%......n respect of their respective rights against the judgment and decree passed by an Artha Rin Adalat. In the case of a defendant the appeal against the decree must be filed accompanying evidence of the payment of 50% of the decretal amount in the trial Court. In the case of an ex parte decree the defe......urn the memorandum of cross‑objections to defendant Nos. 5 and 9. The office is directed to make the appeal ready expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 547. ..Category: Civil Law | Date: | Hits: 96
Anti Corruption Commission Vs. Md. Enayetur Rahman and others, 2011, 40 CLC (AD)
....ion is set aside. Accordingly, this petition is disposed of with the above observations. Ed. This Case is also Reported in: 8 LG (AD) (2011) 153, 16 MLR (AD) (2011) 297, VIII ADC (2011) 691. ......law enforcing agencies thereupon directed the writ petitioner to produce legal documents in support of the ownership of the said vehicle imported by the Member of Parliament Harun-or-Rashid without payment of duties under MP's quota, who it is said, illegally transferred the vehicle to the writ ......ion is set aside. Accordingly, this petition is disposed of with the above observations. Ed. This Case is also Reported in: 8 LG (AD) (2011) 153, 16 MLR (AD) (2011) 297, VIII ADC (2011) 691. ..Category: Anti-Corruption Laws | Date: | Hits: 214
State Vs. Azharul Islam alias Badal and another, 2009, 38 CLC (AD)
....ondents under section 302/34 of the Penal Code and sentencing them to death, rejecting the Death Reference No.23 of 2004 and allowing Criminal Appeal No.766 of 2004 and Jail appeal No. 188 of 2004 in part in respect to respondent No.1 and dismissing those respect to the respondent No.2 and acquittin......and order and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011)166.......and order and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011)166...Category: Criminal Law | Date: | Hits: 56
....e actions of Agrani Bank are illegal, without lawful authority and in breach of section 9(1) of the said Order whereupon the High Court Division by order dated 26.7.20003 issued Rule and directed the parties to maintain status quo for a period of 4(four) months and subsequently it was extended till ......om 15.3.2000 along with the renewal of all of his loan facilities and thereafter on the basis of his letter dated 29.3.2001 praying for renewal of loan facilities along with the interest-free block repayment of loan money by installments, the Committee of Estimates, Secretariat of Bangladesh Parliam......nding dues amount of Tk. 10,35,55,939/- on the averments the he, as the proprietor of M/S. Chisty Traders, carries on business of import and wholesale of fertilizers and he through the took defendant loans from Agrani Bank, the respondent No.3, and that from 1989 to 1995 the business of the petition..
Category: Civil Law | Date: | Hits: 77
Md. Arshed Vs. Akbar Hossain Pathan and others, 2008, 37 CLC (AD)
....the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011)135....... the order of acquittal before the High Court Division with the information that the State will not file appeal in this case. 6. It appears from the record that the prosecution failed to prove the payment of TK.2, 50,000.00 to the accused persons for sending the victim Rafiqul Islam to Singapore ......the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011)135...Category: Criminal Law | Date: | Hits: 75
MA Hashem Vs. Shamsul Kabir Humayun Reza and anothers, 2011, 40 CLC (HCD)
....r Humayun Reza of Bara Mogbazar for declaration that their father was the real allottee and for permanent injunction. Although aforesaid three suits are for three different distinct reliefs but the parties allowed disposing of the suits on the basis of oral evidence on adaptation but on different ......that in three suits, 4 (four) sets of apparently original documents i.e. allotment letter of DIT, standard lease deed agreement of DIT and receipts of National Bank of erstwhile East Pakistan showing payment of installments against letter of allotment have been filed but it is curious to note that p....... Bengal Development Corporation, shortly BDC, as director. The father of the plaintiffs got plot from DIT and wanted to construct a 6-storied building of 8,000 square feet on each floor after taking loan from House Building Finance Corporation by mortgaging the suit plot on 17-5-1967. The father of..Category: Property Law | Date: | Hits: 100
State Vs. Shahin and others, 2010, 39 CLC (HCD)
....ate appeared in Criminal Appeal No. 4626 of 2005, filed by condemned-prisoner Swapan and Apple. The said learned Advocates adopted the submission of the learned Advocate Mr. Fazlul Haque Khan Farid particular on the point of dying declaration. 11. Mr. Rehan Hossain further submits that the pros......entence. Accused Shahin will get the benefit of section 35A of the Code of Criminal Procedure. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (2011) 772. ......entence. Accused Shahin will get the benefit of section 35A of the Code of Criminal Procedure. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (2011) 772. ..Category: Criminal Law | Date: | Hits: 76
Shah Alam and others Vs. Masuma Khatoon and others, 1993, 22 CLC (HCD)
....st Court, Dhaka in Title Suit No.27 of 1977 decreeing the plaintiff's suit for declaration of title in the 'A' schedule land and recovery of possession in the 'B' schedule land of the plaint which is part of the 'A' schedule land. 2. Respondent Nos. 1 and 2 as plaintiffs filed Title Suit No.27 of......o merit in this appeal. In the result, the appeal is dismissed with cost and the judgment and decree of the court below is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 541.......o merit in this appeal. In the result, the appeal is dismissed with cost and the judgment and decree of the court below is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 541...Category: Property Law | Date: | Hits: 55
Most. Shamsunnahar and Others Vs. Abdul Mannan and Others, 2010, 39 CLC (AD)
....that the suit for rectification of the deed is maintainable subject to the condition that the plaintiff is required to prove that the instrument was obtained through fraud or by mutual mistake of the parties. The plaintiff did not seek for cancellation of the entire deed, and under such circumstance......ind no ground to interfere with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 198, 16 MLR (AD) (2011) 374. ......ind no ground to interfere with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 198, 16 MLR (AD) (2011) 374. ..Category: Property Law | Date: | Hits: 49
Lt. Col. M. A. Mannan (Retd.) Vs. Social Investment Bank Ltd. and Others, 2010, 39 CLC (AD)
....roperty will be held on that day. On 29th June, the decree holder again filed an application for adjournment of the matter on the ground that the terms of settlement are yet to be settled between the parties. The executing Court rejected the said application and took up the matter for auction sale w......r attended in the auction sale on successive three dates on 12th March, 30th March and 14th June, 2003, the decree holder came up with a application that it had amicably settled the dispute regarding payment of the decreetal amount with the judgment debtor and prayed for staying further proceedings ......e receipt of the judgment. The appeals are dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 124, VIII ADC (2011) 518...Category: Civil Law | Date: | Hits: 90
Md. Obaidul Kader Vs. The State, 2011, 40 CLC (HCD)
....ision (Criminal Miscellaneous Jurisdiction) Present: Md. Shamsul Huda J Md. Rezaul Hasan J Md. Obaidul Kader ............. Petitioner Vs. The State ..................... Opposite party Judgment: May 11, 2011. Cases Referred to- Rahit Pulp Paper Mills Vs. Collector o......reby quashed. The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 264.......reby quashed. The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 264...Category: Criminal Law | Date: | Hits: 111
Wahed Ali Vs. Sona Miah, 2009, 38 CLC (HCD)
....l Revisional Jurisdiction) Present: Md. Delwar Hossain J Wahed Ali............................... Petitioner Vs. Sona Mia being dead his heirs Md. Lai Miah and others..........Opposite parties Judgment October 13, 2009. Lawyers Involved: Sarder Abul Hossain, Advocate - For...... The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 248....... The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 248...Category: Property Law | Date: | Hits: 91
HM Ershad Vs. The State, 1992, 21 CLC (HCD)
.... charge framed against other accuseds is under section 109 of the Penal Code for the abetment of the offence thereof. On the prayer of the prosecution the learned Special Judge after hearing both the parties under section 241A of the Code of Criminal Procedure on the same day framed further charge a......ions of ours will not touch the merit of the case in any manner whatsoever. Let the records of the case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 533. ......stance a multi‑storied building known as Janata Tower was constructed thereon and out of Tk. 10 crores required for the construction of the building Tk. 3,50,00,000.00 was taken from Uttara Bank as loan and the balance sum of Tk. 650,00000.00 was paid by him and the same amount was found in his po..Category: Criminal Law | Date: | Hits: 286
Mamtajul Karim Vs. Government of Bangladesh and others, 1993, 22 CLC (HCD)
....ch was held in due course and a report was submitted (Annexure 'C'). The said report found the allegations to be false and the election properly held. Thereafter at the instance of some interested parties the Election Commission directed another enquiry which was held by the Upazila Nirbahi Offic......n in Ward No.3, Musapur Purba Primary School Centre of Musapur Union Parishad immediately after receipt of the order from this Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 530. ......n in Ward No.3, Musapur Purba Primary School Centre of Musapur Union Parishad immediately after receipt of the order from this Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 530. ..Category: Election Law | Date: | Hits: 122
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