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....nunciated in these two decisions he submits this Memorandum of Appeal may be accepted as there is full compliance of section 7 of the Artha Rin Adalat Ain.
4.The Artha Rin Adalat Ain provides that anyone desires to prefer any appeal against the judgment and decree passed by any Adalat in Rin Adal......ot been tendered within the provision of section 7 of the Artha Rin Adalat Ain. The Petition of Appeal is therefore rejected summarily.
Ed.
This case is also Reported in: 52 DLR (HCD) (2000) 4.
......t advanced by Moulavi Md. Wahidullah and we cannot accept the petition of appeal. The two decisions cited by Moulavi Wahidullah relates to other matters and transactions which has no bearing with the proceeding under the Artha Rin Adalat Ain.
5. Mvi. Wahidullah also submitted that his client has ..
Category: Banking Law | Date: | Hits: 108
...., the Revisional application was prepared and the affidavit was sworn on 23-6-99. The learned Assistant Attorney-General submits that the delay of 1320 days was unintentional and bonafide and without any willful negligence of the petitioner and if delay is not condoned the petitioners will suffer ir......ondone the delay. In the instant case application for certified copy was submitted on 22-11-97 after mote than 2 years when the Revision already became time- barred. Liability should be fixed at this stage who is responsible for this delay in filing the application for certified copy of the judgment......wn a copy of this judgment to the learned District Judge, Kurigram and Deputy Commissioner, Kurigram for taking necessary action accordingly.
Ed.
This Case is also Reported in: 53 DLR (2001) 365...
Category: Procedural Law | Date: | Hits: 88
Abdur Rahman and others Vs. Md Shamsul Huq and others, 2000, 29 CLC (HCD)
....Judge impleading the petitioners and opposite parties No.2-31 as defendants praying for a decree for permanent injunction restraining the defendants from dispossessing the plaintiff or his tenants or any other persons of the plaintiff or disturbing the plaintiff’s peaceful possession of the suit p......ept on emergent ground. The office is directed to send a copy of the order at once to the Court of the learned District Judge, Mymensingh. Ed. This Case is also Reported in: 53 DLR (2001) 364.......Advocate appearing for the petitioners submits that the learned District Judge, committed an error of law in rejecting the application holding that Miscellaneous Case No.13 of 2000 is not an original proceeding and accordingly Order 6 rule 17 CPC cannot be invoked. Mr. Rahman submits that though the..Category: Procedural Law | Date: | Hits: 86
Meghna Petroleum Marketing Co. Ltd. and others Vs. MF Limited and others, 2001, 30 CLC (HCD)
....0-1992 and 5-11-1992 respectively passed by the learned Subordinate Judge, Third Court, Dhaka in Title Suit No.274 of 1980 2. The plaintiffs-respondents parties No.1-3 M/S MF Limited a private company, having its registered office at 38, Dhanmondi Residential Area, Road No.2, Police Station Dhanm......ransit from one octroi limit to another and which are either consumed or used within the Municipal Area. 25. In order to understand the rival contention of the parties it may be convenient at this stage to look into the relevant previsions in Rule 4, after sub-Rule (2) a new sub-Rule (2A) has bee......No.274 of 1980 stands dismissed. The parties are directed to bear their respective costs although. Sand down the LC Record immediately. Ed. This Case is also Reported in: 53 DLR (2001) 368...Category: Fiscal/Taxation Law | Date: | Hits: 91
Md. Helal Uddin and others Vs. M. A. Jakir and another, 2010, 39 CLC (AD)
....rightly affirmed the judgments of the Courts below. We, therefore, find no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 604.......rightly affirmed the judgments of the Courts below. We, therefore, find no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 604....... in maintaining the judgments of the Courts below allowing pre-emption. He further submitted that in a pre-emption proceeding there is no scope to examine whether or not the notices of the mutation proceeding were served upon the co-sharers and as such, the learned Single Judge of the High Court D..Category: Property Law | Date: | Hits: 22
Md. Ahia Vs. Md. Azimuddin and others, 2010, 39 CLC (AD)
....judgment of the appellate court which was the last court of fact. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 600. ......vour of the defendant Nos.1 and 2 vide deed No.5572 dated 10.08.1994. As the defendant Nos.1 and 2 were minors so they were possessing the suit land through their father and guardian Shajahan. At one stage that Shajahan decided to sell the suit land for the purpose of sending the defendant No.1 ab......judgment of the appellate court which was the last court of fact. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 600. ..Category: Property Law | Date: | Hits: 25
Md. Abdur Rouf Vs. Judge of Artha Rin Adalat No.1, Dhaka, 2010, 39 CLC (AD)
....ed the application for stay. The petitioner sought advice of the filing lawyer of the first appeal in the High Court Division and the lawyer for the petitioner advised him that it is needless to take any steps in the execution case since the decree is under challenge and the appeal is the continuati...... Code of Civil Procedure has no manner of application in this case. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 548.......al No.75 of 1990 against the aforesaid preliminary decree dated 23.03.1989 and final decree dated 11.05.1989. The respondent bank entered appearance in the aforesaid first appeal and the appeal was proceeding accordingly. The learned lawyer for the petitioner failed to take necessary steps for pre..Category: Civil Law | Date: | Hits: 73
State Vs. Zakaria Pintu alias Md. Zakaria Pintu and others, 2010, 39 CLC (AD)
....ances of the case, they are satisfied that the petitioners’ application should be considered in order to protect the constitutional guarantee of the accused petitioner, and he must not be victim of any physical abuse. 6. With these observations, the learned Judges of the High Court Division, is......s dated 20.04.2010, praying for vacating the order of stay, granted earlier by this Division, stands rejected. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 420, 31 BLD (AD) (2011) 20. ......ver be a ground for granting a prayer for pre-arrest bail. This prayer, extraordinary as it is, can only be considered, as already stated, when it appears to the Court that the purpose of the alleged proceeding as far as the accused is concerned, is not what it purports to be, but to achieve a colla..Category: Criminal Law | Date: | Hits: 68
Ali Akbar Vs. Farijuddin and another, 2000, 29 CLC (HCD)
....tion) bring a fresh suit or he may apply for an order to set the dismissal aside, and, if he satisfies the Court that there was sufficient cause for his not paying the court-fee and postal charge (if any) required within the time fixed before issue of summons, or for his non-appearance, as the case ......f issuance of the Rule and, thereafter, extended from time to time and lastly, extended till disposal of the Rule stand vacated. No costs. Ed. This Case is also Reported in: 53 DLR (2001) 284.......e (if any) required within the time fixed before issue of summons, or for his non-appearance, as the case may be, the Court shall make an order setting aside the dismissal and shall appoint a day for proceeding with the suit. 13. From a plain reading of the above provisions of law it reveals that..Category: Procedural Law | Date: | Hits: 83
Abdul Rouf (Md.) alias Nayan Vs. State and another, 1999, 28 CLC (HCD)
.... an amount of Taka 2,00,826.00 was found due to the accused persons. So, the liability is purely a civil liability. As some payments were made by the accused persons, it cannot be said that there was any initial deception on the part of the accused persons. Under such circumstances, we are of the vi...... Rule is made absolute. Proceedings of CR Case No. 301 of 1990 pending in the court of Chief Metropolitan Magistrate, Chittagong are quashed. Ed. This Case is also Reported in: 53 DLR (2001) 283.......rney-General — For the Opposite Parties. Criminal Revision No.1211 of 1993. Judgment Md. Hamidul Haque J. - By this Rule, the opposite parties were called upon to show cause as to why the proceedings of Criminal Case No. 301 of 1990 now pending in the court of Chief Metropolitan Magistra..Category: Criminal Law | Date: | Hits: 39
.... others VS. Obaidur Rahman Chowdhury and others, reported in 31 DLR (AD) 133 in support of his contentions. There is no dispute to the proposition of law that amendment of pleadings can be allowed at any stage of the proceedings for the purpose of determining the real question of controversy between......ers VS. Obaidur Rahman Chowdhury and others, reported in 31 DLR (AD) 133 in support of his contentions. There is no dispute to the proposition of law that amendment of pleadings can be allowed at any stage of the proceedings for the purpose of determining the real question of controversy between the......ur Rahman Chowdhury and others, reported in 31 DLR (AD) 133 in support of his contentions. There is no dispute to the proposition of law that amendment of pleadings can be allowed at any stage of the proceedings for the purpose of determining the real question of controversy between the contending p..
Category: Civil Law | Date: | Hits: 91
Khandakar (Md.) Shahjahan Vs. Md. Atiar Rahman Monshi & others, 2000, 29 CLC (HCD)
....arty in bringing his strenuous arguments which are hereunder: (i) District Judge as the Principal Judge of a District has got authority and jurisdiction to transfer an appeal pending before him to any court subordinate to him except the Court of Assistant Judge. Section 22 of the Civil Court A...... of the parties and after notice to the parties and after hearing such of them as desire to be heard or of its own motion without such notice, the High Court Division or the District Court may at any stage transfer any suit, appeal or other proceeding pending before it for trial or disposal to any C......arties and after hearing such of them as desire to be heard or of its own motion without such notice, the High Court Division or the District Court may at any stage transfer any suit, appeal or other proceeding pending before it for trial or disposal to any Court subordinate to it competent to try o..Category: Election Law | Date: | Hits: 89
Shahjahan (Md) Vs. State, 2000, 29 CLC (HCD)
....ed charge under section 302 of the Penal Code illegally and, as such, the conviction and sentence tie based on the defective charge, that the prosecution examined all the interested witnesses and not any independent witnesses, informant PW 1 A Jalil admitted that accused appellant was the adopted so......re is sufficient corroboration of the confessional statement. Exhibit 3, in the evidence of informant PW 1 Abdul Jalil, PW 2 Md Babul and PW 4 Jashimuddin, though he was declared hostile at a certain stage. The learned Assistant Attorney-General further submits that PW 8 Habib Ahmed, the learned Mag......months. Send down the original case record at once with a copy of the Judgment for perusal and necessary action accordingly. Ed. This Case is also Reported in: 53 DLR (2001) 268. ..Category: Criminal Law | Date: | Hits: 38
Abdul Samad Gazi Vs. Abdul Khalil Gazi and others, 2000, 29 CLC (HCD)
....e plaintiff accordingly went into possession of the suit land and from time to time offered the rest of the consideration money and demanded execution and registration of the deed of sale but without any response from the defendant No. 1, that the plaintiff 1gde his last demand for registration of t......ce of DW 1, DW 2, DW 4 and DW 5 in respect of payment of loan by Khalilur Rahman Raj (DW 7) to the defendant No. 1 is found to be unreliable. Besides DW 4 also admitted that he was not present at any stage of the transaction of loan from his father or return of the said loan by the defendant No. 1. ...... Munsif is hereby affirmed. In the result, the Rule is made absolute but without any order as to cost. Send down the records forthwith. Ed. This Case is also Reported in: 53 DLR (2001) 262...Category: Civil Law | Date: | Hits: 94
Noorjahan Akhter Vs. A Motaleb & ors., 2000, 29 CLC (HCD)
....ng the suit by filing written statement contending amongst others, that the schedule property being a dwelling house belonging to an undivided family, plaintiff-opposite party No.1 is not entitled to any partition of the schedule property. 4. During the pendency of the partition suit the defendan...... the second contention of Mr. Ahmed that the application under section 4 was premature is also not accepted being without any substance. Because such application invoking section 4 can be made at any stage before the preliminary decree. 15. In the background of what has been held above. I find th......t the benefit of section 4 of the Partition Act and purchase the share of the plaintiff in the schedule property. 17. Accordingly the order dated 11-3-1998 passed by this Court staying all further proceedings of Title Suit No.3 of 1983 now pending in the Court of the Subordinate Judge, 2nd Court,..Category: Property Law | Date: | Hits: 113
Star Medical Store Vs. Subordinate Judge, Artha Rin Adalat and other, 2001, 30 CLC (HCD)
....s. Subordinate Judge, Artha Rin Adalat and others…….Respondents Judgment January 18, 2001. Cases Referred To- Hazi Joynal Abedin Vs. State 30 DLR 371 and Colonial Sugar Reining Company Ltd. Vs. Irving (appeal Cases 1905). Lawyers Involved: Md. Fazlul Karim, Advocate—For ......ng a financial institution by the present petitioner who was defendant in that suit. It is admitted by Mr. Fazlul Karim, the learned Senior Counsel that already execution Case has been filed. At this stage the present writ petition has been filed challenging the propriety and legality of the judgmen......a Rin Adalat No. 1 Rangpur and the Manager Uttara Bank, Rangpur Branch, to show cause as to why the impugned judgment and decree passed ex-parte on 25-10-1990 in Artha Rin Case No. 55 of 1990 and the proceedings of that case should not be declared to have been made without any lawful authority and i..Category: Civil Law | Date: | Hits: 93
Fazlur Rahman & 38 others Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....re involved. 2. The petitioner in Writ Petition No.2419 of 1998 has impugned Memo No.375 Justice 712N-144177 dated 2-8-98 Annexure ‘A’ issued by the respondent No.2 to have been issued without any lawful authority stating, inter alia, that by the impugned order ward No. 5 of Mymensingh Pouras......e Rules are discharged without any order as to costs. The order of stay granted by this court earlier the above Rules, are hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 237.......risdiction of the Marriage Registry. In the Rule by order dated 8-7-97 Mr. ATM Musa, Senior Assistant Secretary, Ministry of Law, Justice and Parliamentary Affairs was directed to explain as to why a proceeding for contempt of Court should not be started for violation of the order dated 7-1-97 of th..Category: Constitutional Law | Date: | Hits: 109
Golam Mostafa Vs. Begum Rokeya Khandaker & others, 2001, 30 CLC (HCD)
....f fact also considered evidences and other materials on record and came in full agreement with the decision rendered by learned trial Judge. Ed. This Case is also Reported in: 53 DLR (2001) 232.......f fact also considered evidences and other materials on record and came in full agreement with the decision rendered by learned trial Judge. Ed. This Case is also Reported in: 53 DLR (2001) 232.......il Revision petition as pre-emptee resisted Miscellaneous Case on presentation in full agreement with the decision rendered by learned trial Judge of a written objection taking stand that pre-emption proceeding holding had been sub-divided and new Jama had been created in the name of seller opposite..Category: Property Law | Date: | Hits: 23
Mojibul Haque (Md) Vs. Ataur Rahman and others, 2000, 29 CLC (HCD)
....owed he appeal by the impugned Judgment and order. 6. The Learned Additional District Judge, as it appears from the Judgment found that the plaintiffs have no arguable case and they will not stain any loss and injury and that the balance of convenience and inconvenience is in favour of the defend...... of the suit independently. The Rule is accordingly discharged without any order as to costs. The stay order granted by this Court stands. Ed. This Case is also Reported in: 53 DLR (2001) 229.......he defendants Nos.1-l0 from interfering with the function of the managing committee of the Mohammadia Market Baboshayee Bahumukhi Samabaya Samity Limited and restraining the defendants Nos.11-13 from proceeding with the enquiry initiated against the plaintiff. 3. The Case of the plaintiff, in sho..Category: Administrative Law | Date: | Hits: 146
Mariam Begum Vs. State & another, 2000, 29 CLC (HCD)
.... section 439 of the Code of Criminal Procedure is maintainable in this Court against an order passed by the learned Sessions Judge under section 439A of the same Code. 6. Referring to the words “any person”, in sub-section (2) of section 439A of the Code Mr. Talukder submitted that as the pre......of Criminal Procedure by the learned Sessions Judge. In the result, the Rule is discharged. The stay granted earlier is hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 226.......rstanding and disposal of the point involved as above we quote the relevant provisions of both the sections 439 and 439A of the Code of Criminal Procedure hereunder: “439. (1) In the Case of any proceeding the record of which has been called for by itself or which has been reported for orders, ..Category: Criminal Law | Date: | Hits: 40
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