Search Options
Judgment Advanced Search
Sanjoy Roy Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....d as being not maintainable. The order of stay passed by this Court at the time of issuance of the Rule is vacated. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......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..Category: Banking Law | Date: 17 Feb, 2011 | Hits: 174
Jamiul Hossain Vs. Government of Bangladesh & Others, 2011, 40 CLC (HCD)
....of issuance of Rule Nisi is, hereby, recalled and vacated. Let a copy of the judgment be communicated to the Respondents forthwith. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 49. ...... 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..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)
....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 ......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..Category: Banking Law | Date: 15 Feb, 2011 | Hits: 189
Mohammad Abdus Sabur Vs. Agrani Bank, 2011, 40 CLC (HCD)
.... of issuing the Rule is vacated. Let a copy of the judgment be communicated to the concerned executing Court. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......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..Category: Banking Law | Date: 10 Feb, 2011 | Hits: 192
Promoda Sundari Sen Kalyan Trust Vs. Momtaz Zafar Ahmed and Others, 2011, 40 CLC (HCD)
....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 ......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 ..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: ......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..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)
....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: ......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..Category: Banking Law | Date: 2 Feb, 2011 | Hits: 175
Mirza Ahsan Habib Vs. The Judge, Artha Rin Adalat and another, 2011, 40 CLC (HCD)
....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. ......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..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.......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 ..Category: Property Law | Date: 27 Jan, 2011 | Hits: 95
Nasirul Islam Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....d to take back his original title documents those have been annexed with the writ petition substituting photocopies thereof. Nazmun Ara Sultana J.- I agree. This Case is also Reported in: ......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..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)
.... 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: ......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 ..Category: Banking Law | Date: 26 Jan, 2011 | Hits: 185
Mahbub Ahmed Chowdhury Vs. Chief Election Commissioner and others, 2011, 40 CLC (AD)
....o.8780 of 2008 before the High Court Division stating, inter alia, that he as an independent candidate, sought to contest the election of the Parliament from constituency No.185, Dhaka which was scheduled to be held on 22-1-2007, but the same could not be held due to declaration of Emergency...... 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..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)
....e may be, which have been deposited by them in favour of the decree holder-bank after issuance of the certificate. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......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..Category: Banking Law | Date: 20 Jan, 2011 | Hits: 233
Mirza Ahsan Habib Vs. Judge, Artha Rin Adalat, Khulna and another, 2011, 40 CLC (HCD)
....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: ......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..Category: Banking Law | Date: 19 Jan, 2011 | Hits: 305
Gulshan Club Ltd. Vs. Chairman, National Board of Revenue and another, 2010, 39 CLC (HCD)
....is discharged without any order as to cost. The order of stay granted earlier by this Court is hereby vacated and recalled. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 29. ......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..Category: Fiscal/Taxation Law | Date: 13 Dec, 2010 | Hits: 48
Mahfuzur Rahman and another Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
.... Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 171 ......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. ......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. ..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. ...... 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..Category: Anti-Corruption Laws | Date: 1 Dec, 2010 | Hits: 189
Fatema Begum Vs. The Artha Rin Adalat, Narayangonj and others, 2010, 39 CLC (HCD)
.... and 4 have failed to show that 7 (seven) decimals of land, that has been auctioned, is clearly identified or demarcated. On the other hand, the petitioner has proved that a suit for partition of the scheduled land is pending between the writ petitioner and the decree holder bank and others before a......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..Category: Banking Law | Date: 11 Nov, 2010 | Hits: 14
Ms. Syeda Rizwana Hasan Vs. Bangladesh and others, 2010, 39 CLC (AD)
....cute the officers responsible. The appeal is dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 9 ADC (2012) 816, 18 BLC (AD) (2013) 54. ......t and planned future conditions, to accomplish as far as possible the most appropriate uses of the land consistent with the public interest and the safeguarding of the interests of individual property owners. A municipality may establish a comprehensive land-use plan and effectuate that ..Category: Environmental Law | Date: 8 Nov, 2010 | Hits: 258