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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
Ramesh Chandra Adhikari Vs. Bulbuli, 2011, 40 CLC (AD)
.... Valsamma Paul Vs. Cochin University, AIR 1996 SC 1011, observed as under: "Though it was consistently held that recognition is a circumstance to be taken into consideration, marriage being personal right of the spouses they are entitled to live, after marriage, openly to the knowledg......find any merit in the leave petition. Accordingly, the leave petition is dismissed with cost of Taka 5,000 (five thousand). Ed. This Case is also Reported in: 66 DLR (AD) (2014) 104. ..Category: Family Law, Hindu Law | Date: 6 Jan, 2011 | Hits: 15
....ite contract executed on 29-11-1980 by the petitioner-BSRS, respondent No.1-She Shipping Lines f Limited and the respondent No.5-builder, Rajdhani Ship Building and Engineering Works Limited, (3) the personal guarantees and Demand, Promissory Notes etc. executed by its directors for Taka 42,00,000 w......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.
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Category: Business or Commercial Law, Labour and Industrial Law | Date: 13 Dec, 2010 | Hits: 10
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)
.... 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: ......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)
....as violation of human rights under Article 21 of the Constitution of India, which provision is in verbatim with Article 32 of our Constitution which provides 'No person shall be deprived of life or personal liberty save in accordance with law." 11. With the passage of time, the Indian High Co......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
British American Tobacco Bangladesh Company Ltd. Vs. Begum Shamsun Nahar, 2010, 39 CLC (AD)
....y embracing her from behind. Besides, the other overtures of Mr. Golam Farook Khan were particularly disturbing as he was more explicit, even to the extent of offering the plaintiff extramarital personal relationship. Other than the harassment mentioned above, the plaintiff had been enjoying h......dings and observations we do not find any merit in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 80. ..Category: Women and Children | Date: 13 Oct, 2010 | Hits: 21
Nurul Majid Mahmood Humayun Vs. Brigadier General Hassan PSC (Rtd.) and others, 2010, 39 CLC (AD)
....indings and observations, we do not find any merit in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 89. ...... be said to be a candidate; that under the present scheme of the law the symbols are registered with the party as opposed to the previous practice of reserved symbols, thus the symbol now is the property of the political party concerned. In that view of the matter the prospective candidate is t..Category: Civil Law, Election Law | Date: 7 Oct, 2010 | Hits: 8
Prime Global Ltd and others Vs. Artha Ain Adalat No.4, Dhaka and others, 2010, 39 CLC (HCD)
....lity was secured, amongst others, by endorsement of Sonali Bank on the said cheque/bills as "Good for Payment", several undertakings and confirmations by Sonali Bank vide different letters, personal guarantee of the petitioner Nos. 3 and 4 and charge documents. The said cheques/bills were ......fact given in connection with a subsequent facility being CC (Hypo) LTR loan facility which has already been adjusted, but the Uttara Bank refused to return personal guarantee and mortgaged property. 4. At one stage, in the course of trial, the petitioner tried to exclude their names ..Category: Banking Law | Date: 23 Aug, 2010 | Hits: 2
Abdur Rashid Gazi Vs. Nur Ali Gazi and others, 2010, 39 CLC (HCD)
....he time of issuance of the Rule is hereby recalled and vacated. Send down the lower Courts' records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 315. ......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 landed property measuring 13.34 acres of land of S.A. KhatianNo.353 belonged to Wazed Ali and others and ..Category: Procedural Law | Date: 10 Aug, 2010 | Hits: 4
Abeda Khatun and others Vs. Md. Idris Mia and others, 2010, 39 CLC (HCD)
....order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 308. ......out may remedy and the plaintiffs shall be allowed to enjoy the benefit of the decree obtained beyond her knowledge and thereby she will be deprived of her fundamental and legal right to enjoy the property as an admitted co-share. 9. It is settled principle of law that a proceeding under se..Category: Procedural Law | Date: 14 Jul, 2010 | Hits: 3
AL-Arafah Islami Bank Limited Vs. M/S. Nobel Enterprise, 2010, 39 CLC (HCD)
....ay, on the application of the decree-holder, sent it for execution to another Court- (a) if the person against whom the decree is passed actually and voluntarily resides or carries on business, or personally works for gain, within the local limits of the jurisdiction of such other Court, or (b......ecree is passed actually and voluntarily resides or carries on business, or personally works for gain, within the local limits of the jurisdiction of such other Court, or (b) if such person has no property within the local limits of the jurisdiction of the Court which passed the decree sufficient..Category: Procedural Law | Date: 12 Jul, 2010 | Hits: 28
....her to her father's house. Subsequently, at the mediation of the villagers she was again given in marriage to respondent No.6.
15. Considering all aspects of the case, the Court dispensed with the personal appearance of the victim before this Court. Later, the Court directed respondent Nos. 3 and......alienable right of every citizen, wherever he may be, and of every other person for the time being within Bangladesh, and in particular no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law."
This article in fundamental..
Category: Women and Children | Date: 8 Jul, 2010 | Hits: 335
....cal services is not warranted and contrary to the fundamental principle of state policy. Moreover, Article 32 of the Constitution provides for protection providing not to deprive a citizen's life and personal liberty except in accordance with law. Providing thereby that a citizen is to be allowed to...... of the learned Assistant Attorney General appearing for the petitioners.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in: 15 MLR (AD) (2010) 457; 18 BLC (AD) (2013) 52.
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Category: Health Law | Date: 8 Jul, 2010 | Hits: 376
Dhirendra Nath Mondal Vs. Agrani Bank Ltd and others, 2010, 39 CLC (HCD)
.... a short-term loan of Taka 2, 07,000 and rescheduled the earlier loan amount pursuant to an application filed by the plaintiff. This time also the plaintiff executed all charge documents and executed personal guarantee to secure the loan amount. After the expiry period as per terms of the advice let......hulna, impleading the respondents as defendants for a declaration that the preliminary decree dated 30-2-1997 and final decree dated 12-3-2001 passed in Artha Rin Suit No.35 of 1996 covering the property of the plaintiff was illegal, collusive, inoperative and not binding upon him. 3. The ..Category: Civil Law | Date: 7 Jun, 2010 | Hits: 6
Commissioner of Customs and others Vs. M/S. Sunlit Fashion Limited, 2010, 39 CLC (AD)
....32 of the Customs Act and further the powers under section 202 of the Customs Act can not be exercised without issuing notice under section 180 of the Customs Act and without affording opportunity of personal hearing to enable the bondholder to explain his case, the above notice dated 26.8.2001 is a...... order dated 2.11,2002 passed by the High Court Division is set aside. The appeal is allowed without any order as to cost. This Case is also Reported in: 16 MLR (AD) (2011) 54, VIII ADC (2011) 29. ..Category: Fiscal/Taxation Law | Date: 19 May, 2010 | Hits: 63
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