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Promoda Sundari Sen Kalyan Trust Vs. Momtaz Zafar Ahmed and Others, 2011, 40 CLC (HCD)
....cuting Adalat. The 3rd party petitioners have/had enough scope to file an application before the Artha Rin Adalat by way of filing an objection under section 32 of the Ain, 2003 against the execution of a decree passed by the Artha Rin Adalat relating to the property. ……&hell......7 as decree-holder Bank put the decree into execution filing Artha in Execution Case No.638 of 2004 on 30-11-2004 in which the decree-holder-Bank after exhausting all the legal formalities executed a sale deed in respect of the suit land as described in the 'Ka' schedule of the plaint in fav.......1-3 in connivance with each other created a kabala vide its No. 9685 dated 22-7-1990 in the name of Ranjit Basu in order to grab the suit property with an ulterior motive; that after creating kabala deed the defendants with the help of bad people attempted to dispossess the plaintiff from the suit ..Category: Banking Law | Date: 9 Feb, 2011 | Hits: 2
Nazim Uddin Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....of the above, the Rule is discharged. The order of stay passed at the time of issuance of the Rule is vacated. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......hat event the petitioner has moved the present writ petition, obtained the Rule and an order of stay. 3. Mr. Mohammad Imran Jahangir, the learned Advocate for the petitioner submits that without sale of the hypothecated property kept under the control of the creditor–bank, it can not go for a......of the above, the Rule is discharged. The order of stay passed at the time of issuance of the Rule is vacated. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..Category: Banking Law | Date: 9 Feb, 2011 | Hits: 162
Aslam Khan Vs. Artha Rin Adalat, Moulvibazar and another, 2011, 40 CLC (HCD)
....r as plaintiff instituted Artha Rin Suit No.3 of 1994 for recovery of loan amounting to Taka 1,25,844/- only. Ultimately the suit was decreed on 11.3.1995 and the decree holder-bank put the decree in execution by filing Artha Rin Execution Case No.7 of 1997, which was disposed of on 9.10.2003. There...... to the Manager, Sonali Bank Ltd., Bhairabganj Bazar Branch, Moulvibazar and also to the concerned executing Court. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ...... to the Manager, Sonali Bank Ltd., Bhairabganj Bazar Branch, Moulvibazar and also to the concerned executing Court. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..Category: Banking Law | Date: 2 Feb, 2011 | Hits: 217
Md. Nasurullah alias Nasu Vs. Artha Rin Adalat No. 4, Dhaka and others, 2011, 40 CLC (HCD)
....ving 60 (sixty) days time to the judgment debtors to pay the decretal amount in favour of the decree holder-bank. As the judgment debtors failed to pay the decretal amount, the bank put the decree in execution by filing Artha Jari Case No. 727 of 2005 on 27.10.2005. In course of proceedings in the s......n auction on 31.7.2006 and the highest bid of Taka 7,70,000/- (seven lac seventy thousand) only was accepted. 3. The petitioner’s father being a judgment debtor came to learn about the auction sale and filed Miscellaneous Case No.29 of 2007 for setting aside the ex parte decree depositing 10%......perty. Lat a copy of the judgment be communicated to the concerned executing Court for future guidance as well. Nazmun Ara Sultana J.- I agree Ed. This Case is also Reported in: ..Category: Banking Law | Date: 2 Feb, 2011 | Hits: 175
Mirza Ahsan Habib Vs. The Judge, Artha Rin Adalat and another, 2011, 40 CLC (HCD)
....tance of a judgment-debtor in a mortgage decree, was issued calling in question order dated 12-11-2007 passed by the Judge, Artha Rin Adalat, Khulna in Artha Rin Execution Case No.319 of 2006 (second execution case) rejecting the petitioner's application for rejection of the execution case as be......er section 33(5) of the Ain will, however, remain with the bank and may also be disposed of in accordance with law. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 579. ......er section 33(5) of the Ain will, however, remain with the bank and may also be disposed of in accordance with law. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 579. ..Category: Banking Law | Date: 29 Jan, 2011 | Hits: 2
Mosharraf Hossain (Md.) and others Vs. Akhtar Hossain, 2011, 40 CLC (HCD)
....e suit No.308 of 2009 expeditiously in accordance with law. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 218.......s claimed by the plaintiffs as not been supported by any affidavit, this suit is barred by law and rejected the plaint. 8. Section 53E of the Transfer of Property Act speaks "Every instrument of sale, gift, mortgage and declaration of heba of any immovable property shall be supported by an affi......e suit No.308 of 2009 expeditiously in accordance with law. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 218...Category: Property Law | Date: 27 Jan, 2011 | Hits: 95
Nasirul Islam Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....enquiry he came to know that Bangladesh Shilpa Bank, Pabna branch being a decree holder in an Artha Rin Suit filed Execution Case No.7 of 1995 in the Artha Rin Adalat, Pabna and in course of the said execution proceedings got the land in question by a certificate issued under section 33 (7) of the A....... Writ Petition No. 3888 of 2008. Judgment Md. Ruhul Quddus J.- This Rule Nisi was issued questioning the legality of an auction notice published in the Daily Janakanta on 9.5.2008 for sale of the petitioner’s property on the basis of a certificate issued in favour of Bangladesh Shi......land appertaining to Khatian No.746, Plot No.105 at Muza East Eash Dair under Fatulla Police Station of Narayanganj District, which he acquired from his father Nurul Islam Khan by way of a registered deed of Heba-bil-Ewaz dated 23.8.2001. After so transfer he mutated the record in his name and has b..Category: Banking Law | Date: 27 Jan, 2011 | Hits: 172
....ve definition of stalking:
a) the enforcement of the criminal law;
b) the administration of any Act of Parliament;
c) the enforcement of a law imposing a pecuniary penalty;
d) the execution of warrant;
e) the protection of the public revenue;
3. Every Police Station in ......ns to be taken in the light of the directives/guidelines hereinabove.
Md. Imman Ali J. - I agree.
Ed.
This Case is also Reported in: 31 BLD (HCD) (2011) 324, 18 BLC (HCD) (2013) 290.
......ns to be taken in the light of the directives/guidelines hereinabove.
Md. Imman Ali J. - I agree.
Ed.
This Case is also Reported in: 31 BLD (HCD) (2011) 324, 18 BLC (HCD) (2013) 290.
..
Category: Women and Children | Date: 26 Jan, 2011 | Hits: 246
Md. Hamiduzzaman Vs. Joint District Judge, Artha Rin Adalat, Faridpur and others, 2011, 40 CLC (HCD)
.... was decreed ex parte on 8.5.2005. Thereafter the decree holder-bank filed Artha Rin Execution Case No.104 of 2005 in the Artha Rin Adalat, Faridpur on 19.6.2005. In course of proceedings in the said execution case, auction notices were published under section 33 (1) (4) of the Ain and attempts were......of Taka 1,25,00,000/- (one crore twenty-five lac) only in favour of the decree holder-bank. Meanwhile the bank had sold 8.57 acres of mortgaged land to respondent Nos.3-5 by three separate registered sale deeds, under which circumstances, the writ petitioner moved the present writ petition before th......In the said application the writ petitioner stated inter alia, that he is the younger brother of defendant No.1 and son of defendant No.2; that his mother, defendant No.2 did not execute any mortgage deed in favour of the respondent-bank; that he was in dark about the execution proceedings; that the..Category: Banking Law | Date: 20 Jan, 2011 | Hits: 233
Mirza Ahsan Habib Vs. Judge, Artha Rin Adalat, Khulna and another, 2011, 40 CLC (HCD)
....tance of a judgment-debtor in a mortgage decree, was issued calling in question order dated 12.11.2007 passed by the Judge, Artha Rin Adalat, Khulna in Artha Rin Execution Case No.319 of 2006 (second execution case) rejecting the petitioner’s application for rejection of the execution case as bein......r section 33 (5) of the Ain will, however, remain with the bank and may also be disposed of in accordance with law. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......r section 33 (5) of the Ain will, however, remain with the bank and may also be disposed of in accordance with law. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..Category: Banking Law | Date: 19 Jan, 2011 | Hits: 305
Ramesh Chandra Adhikari Vs. Bulbuli, 2011, 40 CLC (AD)
....find any merit in the leave petition. Accordingly, the leave petition is dismissed with cost of Taka 5,000 (five thousand). Ed. This Case is also Reported in: 66 DLR (AD) (2014) 104. ...... Chettiar Vs. S Michael Etc, AIR 1963 SC 933, the essence of the Asura marriage was discussed by the Supreme Court of India in following terms: "The essence of the said marriage is the sale of a bride for a price and it is one of the unapproved forms of marriage prohibited by Manu for......find any merit in the leave petition. Accordingly, the leave petition is dismissed with cost of Taka 5,000 (five thousand). Ed. This Case is also Reported in: 66 DLR (AD) (2014) 104. ..Category: Family Law, Hindu Law | Date: 6 Jan, 2011 | Hits: 15
Monir Hossain Md. (Moni) and another Vs. Md. Yousuf and others, 2010, 39 CLC (AD)
....ned Subordinate Judge, 1st Court and Judge of the Small Causes Court, Faridpur in SCC Suit No.6 of 1996 is hereby restored. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 100. ......r Assistant Judge, Faridpur Sadar in Miscellaneous Case No.3 of 1995; that on receipt of the notice of the said suit, the landlord contested the same by filing written objection wherein the factum of sale of the suit holding was disclosed for the first time; that thereafter the defendants sent the r......f Property Act, 1882 and, as such, the appeal is liable to be allowed. 8. In the instant case it appears that admittedly the appellants are the owners of the premises by three purchase deeds dated 31-8-1994,28-9-1994 and 02-11-1994 and got delivery of possession and admittedly pr..Category: Property Law, Tenancy Law | Date: 8 Dec, 2010 | Hits: 12
Hasna Ahmad Vs. State and another, 2010, 39 CLC (HCD)
....ion Act, 1947, now pending before the 3rd Court of the Special Judge, Dhaka are quashed so far as it relates to the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 206. ......ember of Parliament, Bangladesh. She is a Director of Bastu Shilpi Group of Companies, a conglomerate of 6(six) companies. However, a tender notice was published in the Daily Ittefaq on 23-6-2004 for sale of numerous RAJUK properties. In response to that tender notice, she submitted a bid to purchas......cipated in the tender process and the bid of the petitioner being the highest was accepted by the authority concerned and, as such, she was inducted into the possession of the case property and lease-deed in perpetuity was executed in her favour in due course and she has been indisputably in possess..Category: Anti-Corruption Laws | Date: 1 Dec, 2010 | Hits: 189
....ng days without fail upon receipt of the copy of this judgment. There will be no order as to costs.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 191
......sers and accordingly sold 19,950 Kg lentils in 399 bags to the petitioner on 07-8-2010, the total value being Taka 17, 15,700, and issued a challan in favour of the petitioner in respect of such sale. The petitioner then sold the said lentils to one M/s Anik Traders Dalpatti, Namajgar, Kowri, B......ng days without fail upon receipt of the copy of this judgment. There will be no order as to costs.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 191
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Category: Fiscal/Taxation Law | Date: 11 Nov, 2010 | Hits: 3
....ng days without fail upon receipt of the copy of this judgment. There will be no order as to costs.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 191
......sers and accordingly sold 19,950 Kg lentils in 399 bags to the petitioner on 07-8-2010, the total value being Taka 17, 15,700, and issued a challan in favour of the petitioner in respect of such sale. The petitioner then sold the said lentils to one M/s Anik Traders Dalpatti, Namajgar, Kowri, B......ng days without fail upon receipt of the copy of this judgment. There will be no order as to costs.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 191
..
Category: Fiscal/Taxation Law | Date: 11 Nov, 2010 | Hits: 5
Fatema Begum Vs. The Artha Rin Adalat, Narayangonj and others, 2010, 39 CLC (HCD)
....have been enjoying and possessing the same for more than twelve years without any interruption. She (petitioner) came to know from a reliable source on 18.2.2010 that their land would be auctioned in execution of a mortgage decree passed by the Artha Rin Adalat, Narayangonj in Mortgage Suit No. 72 o......ate for respondent No.4 submitted that the application under Order XXI rule 58 of the Code of Civil Procedure (in short “the Code”) before the executing Court was not maintainable inasmuch as the sale certificate in respect of the auctioned land had already been executed and registered and the m...... photo copies there for. The office is directed to send a copy of this judgment to the Artha Rin Adalat, Narayangonj at once. Nazmun Ara Sultana J. - I agree. This Case is also Reported in: ..Category: Banking Law | Date: 11 Nov, 2010 | Hits: 14
Khurshed Alam Vs. Abul Kalam and others, 2010, 39 CLC (AD)
....the Ordinance read with the waqf deed made by the Waqif. With the above observation this petition for leave to appeal is dismissed. This Case is also Reported in: 17 MLR (AD) (2012) 233. ......the Ordinance read with the waqf deed made by the Waqif. With the above observation this petition for leave to appeal is dismissed. This Case is also Reported in: 17 MLR (AD) (2012) 233. ......e official mutawalli has already expired, now the Administration of the waqf shall have to appoint a new mutawalli of the waqf in question following the provisions of the Ordinance read with the waqf deed made by the Waqif. With the above observation this petition for leave to appeal is dismiss..Category: Trust/Waqf Law | Date: 7 Oct, 2010 | Hits: 177
Orascom Telecom Bangladesh Limited Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....etitioner prefers appeal before the Tribunal, the limitation in preferring the appeal would not operate as a bar in that event. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 319. ......ived the raw SIM/scratch cards from the C&F agents , of the petitioner and then inserted necessary data, packaging and promotional materials and made them suitable to provide telecom services and sale. The products were then sent to the sale and customer centers or distributors of the petitioner......e other portion of the order that is payment of VAT which the petitioner avoided to pay is an appealable order in our view, the High Court Division rightly refused to issue the Rule." 26. Indeed it is a case which can be decided on the point of maintainability. In view of the discussion as..Category: Fiscal/Taxation Law | Date: 7 Oct, 2010 | Hits: 174
Ain O Salish Kendra Vs. Bangladesh, 2010, 39 CLC (HCD)
.... (2011) HCD 36, 8LG (2011) HCD 1. ......bacco rolled in paper, usually in an almost conical shape. In the past the word ‘bidi’ referred to tobacco rolled in tendu leaf and was and still is the common ‘cigarette’ in rural India, the sale of which outstrips the sale of normal cigarettes by 8:1. 4. Dr. Naim Ahmed, learned advocate......n earning for the family due to dire food insecurity. We, therefore, felt the urge to leave the confines of the facts of the instant case in order to deal with the wider problem of child labour. It indeed appears to be a national problem and deserves more than just a cursory glance from the State ma..Category: Women and Children | Date: 5 Sep, 2010 | Hits: 261
Prime Global Ltd and others Vs. Artha Ain Adalat No.4, Dhaka and others, 2010, 39 CLC (HCD)
.... and by judgment and decree dated 7-8-2006 dismissed the suit as against the petitioners, however, decreed the same exparte against Sonali Bank, whereupon Uttara Bank put the said exparte decree into execution through Artha Execution Case No. 65 of2007. Sonali Bank then preferred Writ petition No. 3......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 ......for restoration, Sonali Bank has either blamed its lawyer for such delay or the Uttara Bank for not taking steps for service of the summons upon it, but has no where blamed the petitioners for any misdeeds on their part not to speak of allegations of fraud. However, the Adalat passed the impugned or..Category: Banking Law | Date: 23 Aug, 2010 | Hits: 2
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