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Mohammad Ali Vs. Bangaldesh Bank and others, 2011, 40 CLC (HCD)
....ree is not yet satisfied. Let a copy of the judgment be communicated at once to the concerned executing Court. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......ibur Rahman Miah, Advcoate-For the respondent. Writ Petition No. 9069 of 2008. Judgment Md. Ruhul Quddus J.- This Rule Nisi, at the instance of a judgment debtor in a mortgage decree, was issued calling in question two orders dated 16.10.2008 and 4.11.2008 respectively passed by the J......notice in news papers for sale of the petitioner’s mortgaged property, while by latter rejected his (petitioner’s) application for rejection of the execution case. 2. Petitioner’s case is that Agrani Bank, Reazuddin Bazar Branch, Chittagong as plaintiff instituted Artha Rin Suit No. 424 o......hers ………..........Respondents Judgment February 22, 2011. Result The Rule is made absolute in part. Lawyers Involved: S. M. Moonir with Lokman Karim, Advocates-For the petitioner. Md. Mozibur Rahman Miah, Advcoate-For the respondent. Writ Petition No...Category: Banking Law | Date: 22 Feb, 2011 | Hits: 187
....ving no right, title, interest and possession over the assets of Hussain Fabrics Ltd. got 10 Ansars posted therein. Some unscrupulous persons had tried to dispossess the defendants from the land allotted to the defendant No.1 the company and finding no other way the defendant No.2 filed a ......7, CPC does not confer a right on the party to produce additional evidence. The need for additional evidence must be felt by the Court itself, if the Court hearing the action requires any document so as to enable it to pronounce judgment, it has the jurisdiction to permit additional evidence to be p......
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............Respondents
Judgment ......ourt
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 othe..
Category: Civil Law | Date: 17 Feb, 2011 | Hits: 5
Jamiul Hossain Vs. Government of Bangladesh & Others, 2011, 40 CLC (HCD)
....on neither decides the complicated question of title nor the disputed question of fact.....................(34) Cases Referred to- Md. Aftab Ali Sheikh Vs. Director Land Records, Directorate of land records and surveys, Tejgaon, Dhaka and others, 11 MLR (HC) (2006) 226; Md. Aftab Ali Sheikh Vs......n filed by the respective parties. In this summary proceeding, the High Court Division neither decides the complicated question of title nor the disputed question of fact.....................(34) Cases Referred to- Md. Aftab Ali Sheikh Vs. Director Land Records, Directorate of land records and...... others, 31 DLR (AD) (1979) 303; Shamsunnahar Salam and others Vs. Mohammad Wahidur Rahman and others, 51 DLR (AD) (1999) 232; Province of East Pakistan V. Azim Rahman, 20 DLR (1968) (SC) 71; Fatema Khatun and others Vs. DC, Dinajpur, 3 MLR (1998) (AD) 71; Tasmina Chowdhury and others Vs. Deputy Com......ts annexed to the writ petition and the affidavit-in-opposition filed by the respective parties. In this summary proceeding, the High Court Division neither decides the complicated question of title nor the disputed question of fact.....................(34) Cases Referred to- Md. Aftab Ali She..Category: Constitutional Law | Date: 15 Feb, 2011 | Hits: 176
....nment should take steps so that the employment of women and children in the domestic sector may be monitored and their rights as workers ensured in accordance with the Constitution and the law of the land. She submits that the domestic workers who work in the houses do so from early morning till lat......ANGLADESH , 36-37 (2009) [hereinafter SCSD REPORT ON CHILD DOMESTIC WORKERS].
......sical violence against a child domestic worker has been highlighted as reported in the daily national newspaper Amar Desh on 03.05.2010 (Annexure-A to the writ petition).
2. The newspaper reports that for breaking a flower vase, the lady of the house tied up the child housemaid, pushed her on to ......Dhaka and others .........Respondents
Judgment
February 15, 2011.
Result:
The Rule is made absolute.
Case Referred to-
Ain O Salish Kendra (ASK), represented by its Executive Director and another Vs. Bangladesh, represented by the Secretary, Ministry of Labour and Manpower, Bangla..
Category: Women and Children | Date: 15 Feb, 2011 | Hits: 265
Promoda Sundari Sen Kalyan Trust Vs. Momtaz Zafar Ahmed and Others, 2011, 40 CLC (HCD)
....Other Suit No.238 of 2009 on 29-8-2009 in the Court of Senior Assistant Judge, Sadar, Rangpur impleading the present defendant-opposite parties praying for permanent injunction in respect of the suit land as described in the schedule of the plaint. The plaintiff's case in short is that Shib Kris......rted in: 68 DLR (HCD) (2016) 53 ......The party (plaintiff-petitioner) took a wrong way to ventilate his grievances, 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 ......ievances, 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 su..Category: Banking Law | Date: 9 Feb, 2011 | Hits: 2
Aslam Khan Vs. Artha Rin Adalat, Moulvibazar and another, 2011, 40 CLC (HCD)
.... 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: ...... Mohammad Ali, Advcoate-For the Respondent. Writ Petition No. 6198 of 2010. Judgment Md. Ruhul Quddus J. - This Rule Nisi, at the instance of a judgment debtor in an Artha Rin Decree, was issued calling in question order dated 15.4.2010 passed by the Artha Rin Adalat, Moulvibazar reje......f interest on deposition of the remaining principle amount of loan in Artha Rin Execution Case No. 29 of 2003 (arising out of Artha Rin Suit No. 3 of 1994). 2. Petitioner’s case, in short, is that Sonali Bank Ltd, Bhairabganj Bazar Branch, Moulvibazar as plaintiff instituted Artha Rin Suit No...... Rin Adalat, Moulvibazar and another ………...Respondents Judgment February 2, 2011. Result The Rule is discharged Lawyers Involved: Abdul Jalil, Advocate -For the Petitioner. Mohammad Ali, Advcoate-For the Respondent. Writ Petition No. 6198 of 20..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)
....ion purchaser sold the property to these respondents, who went into possession over the auctioned property, got the record mutated in their names and paid rent and development taxes to the respective land office. The petitioner has obtained the Rule on 7.2.2010 after long laps of two and half years ...... Ed. This Case is also Reported in: ......ity 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, are that the Islami Bank Ltd, Mirpur Branch, Dhaka as plaintiff instituted Artha Rin Suit No.777 of 2004 ......tioner Vs. Artha Rin Adalat No. 4, Dhaka and others…………....Respondents Judgment February 2, 2011. Result The Rule is discharged. Case Referred To- Khorshed Alam Vs. Subordinate Judge, Artha Rin Adalat No. 1 and others, 54 DLR, 239. Lawyers Invo..Category: Banking Law | Date: 2 Feb, 2011 | Hits: 175
Nasirul Islam Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....our of Bangladesh Shilpa Bank, Pabna branch under section 33(7) of the Artha Rin Adalat Ain, 2003. 2. Petitioner’s case, in short, is that he was the lawful owner-in-possession of .06 acres of land appertaining to Khatian No.746, Plot No.105 at Muza East Eash Dair under Fatulla Police Station...... J.- I agree. This Case is also Reported in: ......r’s property on the basis of a certificate issued in favour of Bangladesh Shilpa Bank, Pabna branch under section 33(7) of the Artha Rin Adalat Ain, 2003. 2. Petitioner’s case, in short, is that he was the lawful owner-in-possession of .06 acres of land appertaining to Khatian No.746, Plot ......esh and others ……………….........Respondents Judgment January 27, 2011. Result The Rule is discharged. Lawyers Involved: Shaikh Atiar Rahman, Advocate-For the Petitioners. Md. Mozibur Rahman Miah, Advocate-For the Respondent. Writ Petition No..Category: Banking Law | Date: 27 Jan, 2011 | Hits: 172
Md. Hamiduzzaman Vs. Joint District Judge, Artha Rin Adalat, Faridpur and others, 2011, 40 CLC (HCD)
....er, his three brothers and five sisters inherited the mortgaged property of their mother Khodeja Zaman (defendant No.2), since deceased; that his parents’ grave yards were situated on the mortgaged land; that Title Suit No.24 of 2010 for partition of the land allegedly mortgaged by defendant No.2 ...... The Joint District Judge, Artha Rin Adalat, Faridpur and others….... Respondents Judgment January 20, 2011. Result The Rule is discharged. Lawyers Involved: Abdul Baset Majumder with Nakib Saiful Islam, Advocates-For the Petitioner. Mrs. Fowzia Karim Firoze -......r-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., Khulna Branch as plaintiff instituted Artha Rin Suit No.10 of 2004 ......pur and others….... Respondents Judgment January 20, 2011. Result The Rule is discharged. Lawyers Involved: Abdul Baset Majumder with Nakib Saiful Islam, Advocates-For the Petitioner. Mrs. Fowzia Karim Firoze - For the Respondents. Writ Petition No. 8197 ..Category: Banking Law | Date: 20 Jan, 2011 | Hits: 233
StateVs. Noor Islam and others, 2011, 40 CLC (HCD)
....nce to pay a fine of Tk. 1,00,000/- each, in default to pay the fine, they are to suffer rigorous imprisonment for two years more each. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 141.......o.143 of 2005 is rejected. The Criminal Appeal No.4095 of 2005 and the Jail Appeal Nos. 1060 of 2005, 1061 of 2005, 1062 of 2005 and 1063 of 2005 are dismissed with modification of sentences. Cases Referred to- Joygun Bibi Vs. The State, 12 DLR (SC) 157; Hozrat Ali and Abdur Rahman Vs. the......dgment. 2. The prosecution case, in short, is as follows:- One Md. Rajbul Hossain, on 1.11.2002 at 12-15 hours, being informant lodged ejahar with the Jhikorgachha Police Station to the effect that having gone to the house of his sister Monoara she informed him that the dead body of Shilpi Kha......16 MLR (HCD) (2011) 141...Category: Women and Children | Date: 13 Jan, 2011 | Hits: 195
Bangladesh Legal Aid and Services Trust Vs. Secretary, Ministry of Education, 2011, 40 CLC (HCD)
.... Affairs to ensure that where there are allegations of criminal offence against teachers the police would be put into action for proper investigation and disposition in accordance with the law of the land. 48. In spite of the grim picture noted above, we are heartened by the action taken by the ......y law of all corporal punishment of children, whether by parents or schools. ...... the parents impose all sorts of punishment upon their children either directly or indirectly, as will be apparent from the cases which have been brought to our notice in this petition. It is stated that young children have been subjected to ‘corporal punishment’ by educational institutions, whi...... High Court Division (Special Original Jurisdiction) Present: Md. Imman Ali J Sheikh Hassan Arif J Bangladesh Legal Aid and Services Trust (BLAST), represented by its Deputy Director (Legal Aid), Farida Yeasmin and another…………….........Petitioners Vs. Secretary,..Category: Women and Children | Date: 13 Jan, 2011 | Hits: 248
State Vs. Alam, 2011, 40 CLC (HCD)
.... ("FIR") alleging, inter alia, that his daughter, the deceased Sharmin Banu alias Vanu and the condemned-prisoner being married since 1990 have had a turbulent marriage chiefly on account of the philandering Alam demanding dowry and subjecting Vanu to physical abuse for the same. On 25-12-2002 at ...........................................................Appellant Vs. Alam......................................................Condemned-Prisoners Judgment January 11, 2011. Cases Referred to- Dilawar Singh Vs. State of Delhi, AIR 2007 (SC) 3234 and Thulia Kali Vs. The ......Maharashtra Vs. Raju Bhaskar Potphode, (2007) 11 Supreme Court Cases, 261; Nuru Miah and another Vs. State, 49 DLR 97; Sujoy Sen alias Sujoy KR Sen Vs. State of WB, (2007) 6 Supreme Cases 32; Rahima Khatun Vs. State, 9 MLR 123 and Abdur Rashid Vs.State,1996 MLR 10; Jarnail Singh Vs. State of Punjab,......Vs. State, 46 DLR 575; Kazi Ibrahim @ Ibrahim Kazi Vs. State, 1991 BLD 423=41 DLR 524; State of Rajasthan Vs. Netrapal, 2007 4 Supreme Court Case, 45. Lawyers Involved: M Amir-ul-Islam, Senior Advocate with Sheikh Rafiqul Islam, Ms Sultana Nasrin, Md. Taslim Uddin, Advocates—For the cond..Category: Women and Children | Date: 11 Jan, 2011 | Hits: 176
Nazrul Islam Talukder (Md.)Vs. Bangladesh & another, 2010, 39 CLC (HCD)
....istant Commissioner (and), Dhanmondi Circle, Dhaka to inquire into the matter under memo No.sa:ka:(bhur)/dhatsa: /2006-372(ma:) dated 13-8-2006. After holding the inquiry. The Assistant Commissioner (land), Dhanmondi Circle, submitted report to the respondent No.1 contending inter alia that the peti......ip;…………….........Respondents Judgment December 6, 2010. Result: The Rule is made absolute. Issuance of Nikah Registrar licence on regular basis Rule 5A of Muslim Marriages and Divorces (Registration) Rules, 1975 provides that, a perso......mber 6, 2010. Result: The Rule is made absolute. Issuance of Nikah Registrar licence on regular basis Rule 5A of Muslim Marriages and Divorces (Registration) Rules, 1975 provides that, a person acting for at least three years as Nikah Registrar on temporary basis under rule 5(1),.............Respondents Judgment December 6, 2010. Result: The Rule is made absolute. Issuance of Nikah Registrar licence on regular basis Rule 5A of Muslim Marriages and Divorces (Registration) Rules, 1975 provides that, a person acting for at least three years as Nikah Re..Category: Family Law | Date: 6 Dec, 2010 | Hits: 9
....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
......Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 191
......he authority can not detain the goods without due process of law.
There are no cogent reason for detaining the goods in question purchased by the petitioner..
When there is no dispute that the goods have been imported as duty free item and not restricted or prohibited item, there cann......r 11, 2010.
Result:
The rule in Writ Petition No. 8681 of 2010 is made absolute.
The rule in Writ Petition No.7367 of 2010 is disposed of.
Whether Wrong Declaration by the Importer has negative Impact in Due Process of Law-
Although the importer gave wrong declaration, ..
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
......Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 191
......he authority can not detain the goods without due process of law.
There are no cogent reason for detaining the goods in question purchased by the petitioner..
When there is no dispute that the goods have been imported as duty free item and not restricted or prohibited item, there cann......r 11, 2010.
Result:
The rule in Writ Petition No. 8681 of 2010 is made absolute.
The rule in Writ Petition No.7367 of 2010 is disposed of.
Whether Wrong Declaration by the Importer has negative Impact in Due Process of Law-
Although the importer gave wrong declaration, ..
Category: Fiscal/Taxation Law | Date: 11 Nov, 2010 | Hits: 5
Fatema Begum Vs. The Artha Rin Adalat, Narayangonj and others, 2010, 39 CLC (HCD)
....cution Case No.25 of 2001 (arising out of Mortgage Suit No.72 of 1996). 2. The petitioner’s case in short is that her father late Dudu Mian was the lawful owner in possession of 8.04 decimals of land out of 20 decimals appertaining to C.S. Khatian No. 278, Dag No.354 corresponding to S.A. Khati...... Fatema Begum…………………………………………...Petitioner Vs. The Artha Rin Adalat, Narayangonj and others….............. Respondents Judgment November 11, 2010. Cases Referred to- Victor Rodrix and others Vs. The 4th Artha Rin Court, Dhaka and others; Md. Del......vil Procedure and section 57 of the Artha Rin Adalat Ain, 2003 in Mortgage Decree Execution Case No.25 of 2001 (arising out of Mortgage Suit No.72 of 1996). 2. The petitioner’s case in short is that her father late Dudu Mian was the lawful owner in possession of 8.04 decimals of land out of 20 ......…………………………………...Petitioner Vs. The Artha Rin Adalat, Narayangonj and others….............. Respondents Judgment November 11, 2010. Cases Referred to- Victor Rodrix and others Vs. The 4th Artha Rin Court, Dhaka and others; Md. Delwar Hossain Vs. Banglades..Category: Banking Law | Date: 11 Nov, 2010 | Hits: 14
Ms. Syeda Rizwana Hasan Vs. Bangladesh and others, 2010, 39 CLC (AD)
.... lake as an essential environmental component. A part of the water body has its flow by the side of Road No.20 in Sector-3 of UMT. The lakeside or bank adjacent to Road No.20 is a narrow strip of land and was left by the writ respondent No.2 in the original Master Plan as space for developing Pa...... ADC (2012) 816, 18 BLC (AD) (2013) 54. ......lt: The appeal is dismissed with the observations. The Constitution of Bangladesh, Article 102. A Petition of Public Interest Litigation In considering a petition as PIL it is to be seen that where there is undoubtly public injury by the act or omission of the functionary of the State or...... The Constitution of Bangladesh, Article 102. A Petition of Public Interest Litigation In considering a petition as PIL it is to be seen that where there is undoubtly public injury by the act or omission of the functionary of the State or a local authority or public authority or executive ..Category: Environmental Law | Date: 8 Nov, 2010 | Hits: 258
Redwan Ahmed Vs. Bangladesh, 2010, 39 CLC (HCD)
....il already granted to him by this Division. The order of stay granted earlier by this Court is hereby vacated and recalled. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 70. ...... SM Emdadul Hoque J Redwan Ahmed................Petitioner Vs. Bangladesh..............Respondents Judgment October 25, 2010. Result: The Rule is discharged. Cases Referred to- Md. Nazimuddin Chairman Vs. Government of Bangladesh, 61 DLR 2009 81; 21 BLD ......ncy Power Rules, 2007, and since hits the provisions of Article 35 of the Constitution read with Article 26 of the Constitution. 2. Back ground leading to the issuance of the Rule, in short, is that one Md. Nurul Islam Babu of village-Mopdhya Pashchim Kamargaon, Police Station Srinagar, Distric......R (SC) 101; Mofazzal Hossain Mollah Vs. State, 45 DLR (AD) 175; Title Suit Baliah Vs. Title Suit Rangachari, AIR 1969 (SC) 701; and Md. Nizamuddin Vs. State, 30 DLR 49 (FB); Abul Kalam Khan Vs. Riza Morshed, 5 BLC 2000. Lawyers Involved: Rokanuddin Mahmood, Zafar Imam and Golam Rasul, Advo..Category: Anti-Corruption Laws | Date: 25 Oct, 2010 | Hits: 211
State Vs. Secretary, Ministry of Home Affairs (II), 2010, 39 CLC (HCD)
.... Chief Judicial Magistrate. Let a copy of this judgment be communicated to the respondents at once. Obaidul Hassan J. - I agree. This case is also Reported in: 8 LG (2011) HCD 293. ......agree. This case is also Reported in: 8 LG (2011) HCD 293. ......n the Daily Star published on 29.09.2010 under the caption “Keep child prisoners in correction centres instead of jails” was brought to the notice of this Court and a Suo Muto Rule was issued on that date directing the Secretary, Ministry of Home Affairs and the Inspector General of Prisons to r......rvations. Cases Referred To- State Vs. Secretary, Ministry of Law, Justice & Parliamentary Affairs and others, 29 BLD 656. Lawyers Involved: Md. Motaher Hossain, Deputy Attorney General with Samarendra Nath Biswas, Assistant Attorney General & Md. Jahangir Alam, Assis..Category: Women and Children | Date: 25 Oct, 2010 | Hits: 141
Abdur Rashid Gazi Vs. Nur Ali Gazi and others, 2010, 39 CLC (HCD)
....ty No.1 as plaintiff instituted the suit against the petitioner as defendant for declaration of title to, measuring 1.32 acres, confirmation of possession and for permanent injunction over the suit land as described in the schedule to the plaint. 3. The plaintiffs case in short is that the ......ely. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 315. ......inding of facts arrived at by the Courts below should not be disturbed by the High Court Division in revisional jurisdiction under section 115 of the Code of Civil Procedure unless it can be shown that those are based upon misreading or non-consideration of evidence or founded on misconception or......rts below should not be disturbed by the High Court Division in revisional jurisdiction under section 115 of the Code of Civil Procedure unless it can be shown that those are based upon misreading or non-consideration of evidence or founded on misconception or misapplication of law or on misinte..Category: Procedural Law | Date: 10 Aug, 2010 | Hits: 4
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