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Hussain Fabrics Ltd. Represented by its Managing Director and another Vs. Haji Momena Khatun and others, 2011, 40 CLC (AD)

.... renumbered as Title Suit. No.102 of 2004. In the plaint the plaintiffs stated, inter alia, that the defen­dant No.1-petitioner No.1 being a private limited company got allotment of the scheduled property on 30-7-1985 and as per Board Resolution of the Company one Kazi Golam Hussain being the Ch......t High Court Division (Civil) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Hussain Fabrics Ltd. Represented by its Managing Director and another………….Petitioners Vs. Haji Momena Khatun and others...

Category: Civil Law | Date: 17 Feb, 2011 | Hits: 5

Sanjoy Roy Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....it Petition No. 6731 of 2010 Judgment Md. Ruhul Quddus J. - This Rule, at the instance of a defaulting borrower, was issued calling in question an auction notice for sale of his mortgaged property under section 12 of the Artha Rin Adalat Ain, 2003 published in the Daily Sylheter Dak date...... (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Sanjoy Roy ………………………………………..Petitioner Vs. Bangladesh and others ……….............Respondents Judgment February 17, 2011. Result ..

Category: Banking Law | Date: 17 Feb, 2011 | Hits: 174

Jamiul Hossain Vs. Government of Bangladesh & Others, 2011, 40 CLC (HCD)

.... of the disputed land has been determined by the competent Courts of law. Accordingly, the judgment and order delivered by the competent Courts of law, so far it relates to the possession of the suit property is binding upon the parties. In view of the above judgment and order, the parties of the su...... Others…………………………Respondents Judgment February 15, 2011. Result: The Rule is made absolute. The proceeding under article 102(2) of the Constitution is a summary one and it is mainly decided on the statements and documents annexed to the writ petition and the affida..

Category: Constitutional Law | Date: 15 Feb, 2011 | Hits: 176

Rupali Bank Ltd., Dhaka Vs. M/S. Brick Linkers Ltd. and Others, 2011, 40 CLC (AD)

....l 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 Adalat ultimately by judgment and order dated 5th February, 1997 decreed the suit in p...... Present ABM Khalrul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Rupali Bank Ltd., Dhaka……………………………………Plaintiff Vs. M/S. Brick Linkers Ltd. and Others………………Respondent Judgment February 15, 2011. Case Referred To- Sar..

Category: Banking Law | Date: 15 Feb, 2011 | Hits: 189

Mohammad Abdus Sabur Vs. Agrani Bank, 2011, 40 CLC (HCD)

....tion denying the material facts of the writ petition contending inter alia, that the executing Court observed the provisions of section 34 of the Ain and in spite of attempt for sale of the mortgaged property through auction, it could not succeed in selling the property. The executing Court committe...... Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Mohammad Abdus Sabur ………………….................Petitioner Vs. Agrani Bank, Laldighi East Branch, Chittagong and others…... Respondents Judgment February 10, 2011. Result The Rule is disc..

Category: Banking Law | Date: 10 Feb, 2011 | Hits: 192

Promoda Sundari Sen Kalyan Trust Vs. Momtaz Zafar Ahmed and Others, 2011, 40 CLC (HCD)

....e 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. ………...(38) Case Referred to- 7 ADC 291, 56 DLR (AD) 22, 10 ...... Present: Sheikh Abdul Awal J F.R.M. Nazmul Ahasan J Promoda Sundari Sen Kalyan Trust………………Appellants Vs. Momtaz Zafar Ahmed and Others…………………..Respondent Judgment Fe..

Category: Banking Law | Date: 9 Feb, 2011 | Hits: 2

Nazim Uddin Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....acilities from Southeast Bank Ltd., Uttara Branch (herein respondent No.2). In order to secure the loan, the borrower-company hypothecated its stocks and machineries, and the petitioner mortgaged his property in favour of the creditor-bank. As the borrower-company failed to adjust the loan, the cred......ecial Original Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Nazim Uddin……………………...............................Petitioner Vs. Bangladesh and others ………………….................Respondents Judgment February 9, 2011. ..

Category: Banking Law | Date: 9 Feb, 2011 | Hits: 162

Md. Nasurullah alias Nasu Vs. Artha Rin Adalat No. 4, Dhaka and others, 2011, 40 CLC (HCD)

....uestion the proceedings in Execution Case No.727 of 2005 of Artha Rin Adalat No. 4, Dhaka and the legality of order dated 7.8.2007 passed therein rejecting an application for release of the auctioned property on payment of the decretal money. 2. Facts leading to this writ petition, in short, ar......nal Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Md. Nasurullah alias Nasu ……………………….....Petitioner Vs. Artha Rin Adalat No. 4, Dhaka and others…………....Respondents Judgment February 2, 2011. Result The Rule..

Category: Banking Law | Date: 2 Feb, 2011 | Hits: 175

Mirza Ahsan Habib Vs. The Judge, Artha Rin Adalat and another, 2011, 40 CLC (HCD)

....of on 4-8-2005 by issuing a cer­tificate under section 33(5) of the Ain in favour of the decree holder-bank (vide annexure:D-1 to the writ petition). Thereafter, the bank failed to dispose of the property and filed, second execution case being Execution Case No.319 of 2006 on 1-11-2006 for selli...... Md. Ruhul Quddus J Mirza Ahsan Habib…………………………………Petitioner Vs. The Judge, Artha Rin Adalat and another...........Respondents Judgment January 19, 2011. Result: The Rule is..

Category: Banking Law | Date: 29 Jan, 2011 | Hits: 2

Mosharraf Hossain (Md.) and others Vs. Akhtar Hossain, 2011, 40 CLC (HCD)

....avit, 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 affidavit by the executants affirming that he has lawful title to ......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)

....88 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 Shilpa Bank, Pabna branch unde......h Court Division (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Nasirul Islam, since deceased substituted by his legal heirs Mrs. Mily Khan and others ............Petitioners Vs. Bangladesh and others ……………….........Re..

Category: Banking Law | Date: 27 Jan, 2011 | Hits: 172

M/S A-Z Knit Wears Ltd. and another Vs. City Bank Ltd. and others, 2011, 40 CLC (HCD)

....1. In order to secure the loan, the petitioner issued 25 (twenty-five) blank cheques in favour of the creditor-bank. Subsequently the said loan was increased, and the petitioner-company mortgaged its property worth of taka 3/4 crore in order to secure the said loan, and approached the creditor-bank ...... 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)

.... has any past criminal record, and if any, the judgment of the case; (d) description of his profession or business; (e)  probable sources of his income; (f)  a statement of property or rebt of his own or his dependents; (g) what promises he made before an elec­tion...... (Civil) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J SK Sinha J Mahbub Ahmed Chowdhury.......................Petitioner Vs. Chief Election Commissioner and others..........Respondents Judgment January 23, 2011. Result: Civil Petit..

Category: Constitutional Law | Date: 23 Jan, 2011 | Hits: 11

Md. Hamiduzzaman Vs. Joint District Judge, Artha Rin Adalat, Faridpur and others, 2011, 40 CLC (HCD)

....10 of 2004) issuing certificate of title in favour of the decree holder-bank under section 33(7) of the Artha Rin Adalat Ain, 2003 (herein after referred to ‘the Ain’) in respect of the mortgaged property. 2. Facts leading to this writ petition, in short, are that Islami Bank Bangladesh Ltd......t: Nazmun Ara Sultana J Md. Ruhul Quddus J Md. Hamiduzzaman……………………………………..... Petitioner Vs. The Joint District Judge, Artha Rin Adalat, Faridpur and others….... Respondents Judgment January 20, 2011. Result The Rule is disc..

Category: Banking Law | Date: 20 Jan, 2011 | Hits: 233

Mirza Ahsan Habib Vs. Judge, Artha Rin Adalat, Khulna and another, 2011, 40 CLC (HCD)

....isposed of on 4.8.2005 by issuing a certificate under section 33(5) of the Ain in favour of the decree holder-bank (vide annexe:D-1 to the writ petition). Thereafter the bank failed to dispose of the property and filed second execution case being Execution Case No.319 of 2006 on 1.11.2006 for sellin......nt: Nazmun Ara Sultana J Md. Ruhul Quddus J Mirza Ahsan Habib………………………………………………………Petitioner Vs. The Judge, Artha Rin Adalat, Khulna and another………....Respondents Judgment January 19, 2011. Result The Rule i..

Category: Banking Law | Date: 19 Jan, 2011 | Hits: 305

Gulshan Club Ltd. Vs. Chairman, National Board of Revenue and another, 2010, 39 CLC (HCD)

....ated under the Companies Act 1913. It was established in 1978 and is situated in Gulshan area. In clause 4 of Memorandum of Association of the Company it has been clearly stated: "The income and property of the Company, howsoever derived, shall be applied solely towards the promotion of the obj......Original Jurisdiction) Present: Md. Ashfaqul Islam J SM Emdadul Hoque J Gulshan Club Ltd…………………………Petitioner Vs. Chairman, National Board of Revenue and another…………………………..Respondents Judgment December 13, 2010. Re..

Category: Fiscal/Taxation Law | Date: 13 Dec, 2010 | Hits: 48

Mahfuzur Rahman and another Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

....dmark case of Ridge Vs. Baldwin 1964 AC 40. But even before this decision, the Rules of natural justice were being applied in our country to administrative proceedings, which might affect the person, property or other rights of the parties concerned in the dispute. In all proceedings by whomsoever h......       ..

Category: Administrative Law | Date: 9 Dec, 2010 | Hits: 2

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. ......ted in: 66 DLR (AD) (2014) 100. ..

Category: Property Law, Tenancy Law | Date: 8 Dec, 2010 | Hits: 12

Hasna Ahmad Vs. State and another, 2010, 39 CLC (HCD)

.... 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 purchase the case property being House No.CWS(B)28, Road No.31, Gulshan. Out of 6(six) bids, the bid of the petitioner......Present: Moyeenul Islam Chowdhury J AKM Abdul Hakim J Hasna Ahmad……………………………Petitioner Vs. State and another……………………………O..

Category: Anti-Corruption Laws | Date: 1 Dec, 2010 | Hits: 189

Fatema Begum Vs. The Artha Rin Adalat, Narayangonj and others, 2010, 39 CLC (HCD)

....ag No. 459 under Mouza Dewbhoge of Police Station and District Narayanganj (more particularly described in schedule-1 of the writ petition). The petitioner, her brother and sisters inherited the said property after the demise of their father Dudu Mian and have been enjoying and possessing the same f......iginal Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Fatema Begum…………………………………………...Petitioner Vs. The Artha Rin Adalat, Narayangonj and others….............. Respondents Judgment November 11, 2010. Cases Referred to- V..

Category: Banking Law | Date: 11 Nov, 2010 | Hits: 14