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Sonali Bank Limited Vs. Syed Shakhawat Hossain and others, 2011, 40 CLC (HCD)

....aforesaid Artha Rin Suit No.310 of 2003. In the Artha Rin Execution Case No.574 of 2005, the learned Court had put the mortgaged property in auction twice, but it could not be sold. Hence, the decree-holder Bank filed an application under sec­tion 33 (5) of Artha Rin Adalat Ain, 2003 for issuance o......e, preferably within 60 (sixty) working days of receiving the Judgment and Order of this Division. Communicate the orders at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 22. ..

Category: Administrative Law | Date: | Hits: 212

AKM Tofazzel Hossain and others Vs. Rupali Bank Limited and others, 2012, 41 CLC (HCD)

....n of section 28 of the Ain; that the application filed by the Bank for execution of the decree is not supported by any affidavit or verifica­tion and it was not signed by any authority of the decree-holder-Bank and, as such, order for Civil cus­tody/warrant of arrest cannot be issued against the p......Ain is to be followed before taking action under sec­tion 34 (1) of the Ain. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 435. ..

Category: Civil Law | Date: | Hits: 159

Setara Begum Vs. Al-Arafah Islami Bank Ltd. and others, 2008, 37 CLC (HCD)

....ated 24-8-2006 (Annexure-E to the writ petition) passed by the Artha Rin Adalat No.4, Dhaka, in Artha Execution Case No.60 of 2006, conferring title of petitioner's mortgaged property upon the decree holder bank, should not be declared to have been made without lawful authority and is of no legal ef......ccordance with law. Office is directed to communicate the order at once with a copy of judgment of information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 791. ..

Category: Civil Law | Date: | Hits: 139

Abdus Samad and others Vs. Felu Hossain and others, 2009, 38 CLC (HCD)

....ement nor does it create a right in the property. The definition of licence (Section-52) excludes easement from the scope of "licence". Because, as opposed to licence, easement creates a right of the holder of the easement right in the property of another. This will be further clear from the definit......dverse possession is to be ignored. Send down the lower Court records, along with a copy of this Judgment. No order asto costs. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 89. ..

Category: Civil Law | Date: | Hits: 123

Abul Kalam and others Vs. Kafiluddin and others, 1996, 25 CLC (HCD)

....rned Subordinate Judge has correctly passed the impugned order for avoiding multiplicity of cases. The Order 21 rule 29 CPC reads as under‑ “where a suit is pending in any Court against the holder of a decree of such Court, on the part of the person against whom the decree was passed, the ...... The impugned order dated 5‑10‑1995 so far as it relates to the staying of Execution Case Nos.6 and 7 of 1994 is hereby set aside. Ed. This case is also Reported in:49 DLR (HCD) (1997) 569. ..

Category: Procedural Law | Date: | Hits: 69

Baby Masum and another Vs. Bangladesh Film Development Corporation and other, 2009, 38 CLC (HCD)

....Magistrate, Dhaka is hereby quashed. Send a copy of this judgment to the learned Chief Metropolitan Magistrate, Dhaka immediately. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 457. ......ofthe film, the claims payable to FDC stood at Tk.35,93,315/- out of which Tk.. 11,60,000/- remained unpaid. At the time of taking delivery of the release-print of the film they issued two post dated-cheques for payment of the unpaid dues. The cheques were presented by the FDC for encashment, but di..

Category: Criminal Law | Date: | Hits: 66

Metro Makers and Developers Limited and others Vs. Bangladesh Environmental Lawyers’ Association Limited (BELA) and others, 2012, 41 CLC (AD)

....o acquire all rent-receivers ‘rent-receiving interests by notifications. Rent -receiver has been defined in section 2(23) of the Act, i.e. the rent-receiving interest of (i) proprietor, (ii) tenure-holder,(iii) raiyats,(iv) anunder-raiyat, (v) a non-agricultural tenant, whose land has been let out......red by my brothers, Surendra Kumar Sinha, J. and Syed Mahmud Hossain, J. I agree with the reasoning and findings given by Syed Mahmud Hossain, J. Ed. This Case is also Reported in: ..

Category: Environmental Law | Date: | Hits: 434

Hachina Begum and others Vs. Abdul Mannan and others, 2010, 39 CLC (HCD)

....ological registered bargakabuliyats which were given by bargadars in favour of Abdul Kader Mia and in those deeds including Ext.1 the occupation of Abdul Kader has been consistently stated as service holder. He further submits that the trial Court without assigning any sound reason most illegally ig......arisal in Title Suit No.23 of 1978 is set-aside. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 628. ..

Category: Property Law | Date: | Hits: 146

Bahar Uddin Ahmed and others Vs. Secretary, Ministry of Liberation War Affairs and others, 2012, 41 CLC (HCD)

....ter will be dealt strictly. Petitioner 4 Taj Nehar Begum will furnish her account number to the Trust within a month. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ...... Camp, Feni. 5. Bangabandhu Sheikh Mujibur Rahman, the architect of independent Bangladesh wrote two letters of condolence to his (Tajul Islam’s) father Nur Ahmed since deceased and sent him two cheques each worth Taka 2000/- (two thousand) only from the Prime Minister’s Relief Fund to help h..

Category: Others | Date: | Hits: 103

Rakibuddin Talukder Vs. Government of Bangla­desh and others, 2009, 38 CLC (HCD)

....er seeks to impeach the impugned Judgment and decree on the three-fold arguments. Firstly, the possession even under mis­taken or invalid title for sufficient length of time and continuity gives the holder a good title. In support of his contentions the learned Counsel refers the case of Amirunness....... Office is directed to send down the records of this case at once with a copy of Judgment for infor­mation and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 430. ..

Category: Property Law | Date: | Hits: 76

Md. Arman Hossain (Chairman) Vs. State, 2010, 39 CLC (HCD)

.... order of stay granted at the time of the issuance of the rule shall stand vacated. Communicate the order to the court concerned. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 495. ......handed over Tk. 7(seven) lacs to the accused No.1 for payment to the complainant and that amount has been kept deposited in a Bank account of the accused No.1. The accused No.1, accordingly, issued a cheque for Tk. 7(seven) lacs infavour of the complainant on 2.6.2001. The said cheque was bounced la..

Category: Criminal Law | Date: | Hits: 116

Haji Mohammad Salim Ullah Vs. State and another, 2009, 38 CLC (HCD)

....nal Procedure. The Rule thus fails. In the result, the rule is discharged. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 416. ......s. Thereafter on 10.06.2007 the audit firm submitted the audit report showing an amount of Taka 55,13,320/- which is due to the accused petitioner. Then he requested the accused petitioner to issue a cheque for said amount and the accused petitioner issued a cheque being No.33008670 for the amount o..

Category: Criminal Law | Date: | Hits: 107

M. A. Jaher and others Vs. Sonali Bank and others, 2007, 36 CLC (HCD)

....ed Artha Rin Suit No.5 of 1998 against the petitioners for recovery of loan money amounting to Tk. 1,02,69,058/41. That suit was decreed exparte by the judgment and order dated 13.11.2000. The decree holder bank, thereafter, started Execution Case No.6 of 2001 for realisation of that decretal amount...... surrender before the Artha Rin Adalat concerned within 30 days from the date of receipt of the copy of this judgment by that Adalat. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 283. ..

Category: Civil Law | Date: | Hits: 69

Ittefaq Group of Publications Limited and others Vs. Arab Bangladesh Bank Limited and others, 1998, 27 CLC (HCD)

....nd the publication of the newspaper the daily Ittefaq the parties in litigation may act in pursuance to resolution dated 30‑9‑90. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 597. ......e necessity of taking resolution on notifying all the Directors of the company. Their further case is that by the resolution dated 7‑1‑95 Executive Director II has not been empowered to issue any cheque in respect of the accounts maintained with the defendant No.1 bank. The only authority that w..

Category: Company Law | Date: | Hits: 127

M. Anwar Hossain and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)

....া কোনো বাংলাদেশি মানুষের পক্ষেই সম্ভব না।” Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in: ......া কোনো বাংলাদেশি মানুষের পক্ষেই সম্ভব না।” Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 154

Amarbati Natya Mandir Vs. State, 2009, 38 CLC (HCD)

....n with a Vedic sacrifice; it is a thing of later origin and hence is regarded as a Smartha act of piety. Worship of guests on the other hand is one of the sacrifices which are enjoined on every house-holder by the Vedas. It is further mentioned, in the Hindu system there is no demarcation between re......n for leave to proceed with the suit after amendment of the plaint is allowed. The order of abatement of the suit is also set aside. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 217. ..

Category: Civil Law | Date: | Hits: 104

Khorshid Nayeem and others Vs. Land Appeal Board land others, 2010, 39 CLC (HCD)

....e and cancelled the Mutated SA khatian in the name of the predecessors of the petitioner No.1, Moqbul Ahmed and several persons on the finding that since the petitioner, Abdus Sattar Chowdhury-decree-holder acquired title on the basis of the Judgment passed in Title Suit No.355 of 1968 for 12 SA Plo...... to the extent of 5.17 acres as it originally stood. Communicate this Judgment to the Land Appeal Board (respondent No.1) at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 511. ..

Category: Property Law | Date: | Hits: 115

Pubali Bank Ltd. Vs. Contech Ltd. and others, 2005, 34 CLC (HCD)

....we have already indicated that by the impugned order the Arthorin Adalat has not been restrained by an order of injunction or status quo not to proceed with the execution case rather it is the decree-holder who has been restrained by the impugned order to maintain status quo untill the disposal of t......sted, by Contech Ltd. copy of which was also forwarded to the Manager of the aforesaid branch of Pubali Bank whereupon the defendant bank vide their letter dated 8.6.99 requested the Siemens to issue cheques payable to M/S. Contech Ltd. In the sanction letter dated 9.6.99 in paragraph No.4(iii) it w..

Category: Civil Law | Date: | Hits: 87

Bangladesh House Building Finance Corporation Vs. Mosammat Amena Begum, 2010, 39 CLC (HCD)

....d Alam, Advocate - For the Petitioner. Md. Salim, Advocate - For the Opposite party. Civil Revision No.1221 of 2007. Judgment M. Enayetur Rahim J.- This rule at the instance of the decree holder petitioner was issued calling upon the opposite party to show cause as to why the order dated......ous Execution Case No.14 of 2004 is hereby affirmed. Let a copy of this judgment and order be communicated to the Court concerned. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 194. ..

Category: Civil Law | Date: | Hits: 276

Dr. S.M. Eunus Ali Vs. Artha Rin Adalat and others, 2012, 41 CLC (HCD)

....oached this Court upon impugning the said judgment dated 25.7.2004 along with order dated 29.8.2004 by which the Adalat issued certificate under section 33(7) of the Ain, 2003 in favour of the decree holder bank and the Rule was issued as stated above. 9. Mr. S. N. Goswami, the learned Advocate a......as to cost. The stay order stands vacated. Send copy of this judgment to the Artha Rin Adalat, 2nd Court, Jessore. Nozrul Islam Chowdhury J.-I agree. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 254