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Anwarul Alam (Md.) Vs. Pubali Bank Ltd and others, 2011, 40 CLC (HCD)

.... it is liable to be discharged. 32. In the result, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 448.   ......it was nationalized by virtue of the Bangladesh Bank (Nationalisation) Order, 1972. Subsequently, the said Bank having being incorporated under the Companies Act, 1913 the government, in the national interest, transferred its entire undertaking to Pubali Bank Ltd. vide agreement dated 15-9-1983 (Ann..

Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2011 | Hits: 3

Professor Muhammad Yunus Vs. Bangladesh, 2011, 40 CLC (HCD)

....er, there would be no order as to costs. Md. Mamtazuddin Ahmed J. – I Agree. Gobinda Chandra Tagore J. – I Agree. Ed. This Case is also Reported in: 63 DLR (2011) (HCD) 260. ......e of Bangladesh and millions of lives towards their betterment, but by the impugned orders the Nobel Peace Laureate has been removed from his office against thousands years of civilization and public interest and as such the petitioner should be treated not only in accordance with law, but also with..

Category: Banking Law | Date: 8 Mar, 2011 | Hits: 438

Executive Chairman, Bangladesh Export Processing Zones Authority (BEPZA) Vs. M/s. Abdul Mannan and anothers, 2011, 40 CLC (AD)

....ation thereof, we do not find any merit in these two leave petitions. Accordingly, these leave petitions are dis­missed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 86. ...... him but to no effect. Hence, the suit was filed for recovery of money amounting to total Taka 5, 19,258.00 being the deducted amount of Taka 3, 73,369.00 and compensation thereon at the rate of Bank interest amounting to Taka 1, 45,862.00. 5. The relevant facts in respect of CP No.1603 of 2010..

Category: Civil Law | Date: 23 Feb, 2011 | Hits: 10

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

....ubstance hi the submis­sions of the learned Advocate for the petitioners. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 119. ...... to the residence of the defendants and took their signature in a security bond under threat of gun point. Thereafter the plain­tiff, not being the owner and possessor and having no right, title, interest and possession over the assets of Hussain Fabrics Ltd. got 10 Ansars posted there­in. S..

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

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. ...... made in such forms. Along with the original objection, the objector shall file a copy or copies of the same for service on all other persons who, in the opinion of the Revenue-Officer are materially interested in the case. The Revenue-Officer shall issue notice informing the objector and all other ..

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 ......lization 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 preliminary form with interest. The Adalat thereupon drew up the preliminary decree. As the judgment debtors did not pay ..

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

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     ......rs submits that the present defendant-opposite party No. 7 as plaintiff filed Artha Rin Suit No.771 of 2004 in the Artha Rin Adalat, 1, Dhaka and obtained a decree for recovery of Taka 60,31,540 with interest till realization of the same by selling the mortgaged property as described in the schedule..

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: ......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 rejecting the petitioner’s application for exemption of interest on deposition of the remaining principle amount of loan in Artha Rin Execution Case No. 29 ..

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)

....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: ......the writ of possession was returned to the executing Court on 9.9.2007. As the decree was fully satisfied with delivery of possession, the decree holder-bank or the auction purchaser did not take any interest to pursue the execution case, as a result it was rejected for default on 18.2.2009. Thereaf..

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

Kanin (India)(P) Ltd. Vs. Registrar of Trade Marks, Dhaka and another, 2011, 40 CLC (HCD)

....ment be communicated and the record be sent back to the Registrar of Trade Marks, Dhaka immediately. Nazmun Ara Sultana J.- I agree. This Case is also Reported in: 18 BLC (HCD) (2013) 44. ......osition Case No. 2131 of 2003 which was already infructuous. The learned Advocate further submits that the impugned order accepting the opposition case would prejudice the appellant’s right and interest over the trade mark in future litigation, if any. 5. On the other hand, Mr. Muhammad O..

Category: Intellectual Property Law | Date: 30 Jan, 2011 | Hits: 183

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: ......nd an order of stay. 3. Bangladesh Shilpa Bank, Pabna branch as respondent No.1 appears and contests the Rule by filing an affidavit-in-opposition contending inter alia that the right, title and interest over the land in question already vested in the respondent-bank on the strength of a certif..

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: ......gation or take action against any bank company at the instance of any individual depositor or borrower. She, however, admits that Bangladesh Bank may initiate any investigation only for the common interest of the depositors, or to bring discipline in banking sector only under instruction of the G..

Category: Banking Law | Date: 26 Jan, 2011 | Hits: 185

Bangladesh National Women Lawyers Association (BNWLA) Vs. Government of Bangladesh, 2011, 40 CLC (HCD)

....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. ......6, namely Ministry of Children & Women Affairs and Ministry of Home Affairs respectively, who are intimately, rather inalienably, connected to the issues being dealt with, signifies their lack of interest in the matter and is thus unbecoming and is highly deprecated. Submissions: 7. Ms..

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)

....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: ......f law. The petitioner being a heir of the judgment-debtor had full knowledge of the suit as well as of the execution case. He has lost his right to redeem the property mortgaged by his predecessor-in-interest, with issuance of certificate of title in favour of the bank. 7. We have examined the ..

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

Bangladesh Legal Aid and Services Trust Vs. Secretary, Ministry of Education, 2011, 40 CLC (HCD)

.... 63 DLR (2011) 643. An international organisation set up in 2001 to campaign for worldwide prohibition by law of all corporal punishment of children, whether by parents or schools. ......as six years up to 13/14 year olds. 2. An application under article 102 of the Constitution was filed by Bangladesh Legal Aid and Services Trust (BLAST) and Ain o Salish Kendro (ASK), as a public interest litigation, impugning actions such as caning, beating and chaining of children, both boys a..

Category: Women and Children | Date: 13 Jan, 2011 | Hits: 248

Bangladesh Shilpa Rin Sangstha (BS-RS) Vs. She Shipping Judgment Lines Limited and others, 2010, 39 CLC (AD)

....rther compensa­tion calculated at the rate of bank interest prevalent at the time of the institution of the suit. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 66.   ......eal is allowed. Bangladesh Shilpa Rin Sangstha Order (PO 128 of 1972); Article 33(1)(d) The High Court Division concurred with the decision of the trial court excepting that the awarding of interest of Taka 33 lakh for the period prior to the institution of the suit was not interest, but c..

Category: Business or Commercial Law, Labour and Industrial Law | Date: 13 Dec, 2010 | Hits: 10

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           ......e can not be petrified or fitted into rigid moulds. They are flexi­ble and turn on the facts and circumstances of each case. In applying these principles, there is a need to balance the competing interests of administrative justice and the exigencies of efficient administra­tion. These princ..

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

Thana Nirbahi Officer, Pirgachha, Rangpur and others Vs. Md. Dulal Miah, 2010, 39 CLC (HCD)

.... the revisional application is hereby condoned. The office is directed to place the revisional application before an appropriate motion bench immediately. Ed. This Case is also Reported in: ......aw office caused the delay in filing the revisional application, for which the Government should not suffer any loss and injury. It further appears that the subject matter of the suit involves public interest and the impugned judgment is a judgment of reversal. Court fees of Taka 2,415/= (two thousa..

Category: Procedural Law | Date: 8 Dec, 2010 | Hits: 180

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

.... 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: ......Adalat executed and registered the “Boinama” on 6.4.2010 and delivered part possession of the auctioned land to him on 2.6.2010. The petitioner was fully aware of the mortgage suit and she has no interest in the land of respondent No.3 (judgment debtor). In the said affidavit-in-opposition respo..

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. ......is that it has been active since 1992 as one of the organizations with expertise in the regula­tory field of environment and ecology. Since its inception BELA has undertaken a large number of public interest litigations (PIL) and to promote in creating public awareness for the safe and sound enviro..

Category: Environmental Law | Date: 8 Nov, 2010 | Hits: 258