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Birendra Nath Roy Vs. Rupali Bank Ltd, 2012, 41 CLC (HCD)
.... The Rule is discharged. Section 33(7) of Artha Rin Adalaat Ain, 2003 Without delivery of possession the execution case under the Artha Rin Adalat Ain, 2003 can not be disposed of as per provision of sub-section 7 of section 33 of the Artha Rin Adalat Ain, 2003. ................... (8) ......e appearing for the decree-holder-Bank, on the other hand, by filing counter-affidavit opposes the Rule. The learned Advocate in the course of his argument upon placing the relevant provision of law and other materials on record submits that the 2nd Artha Execution Case was neither barred by li..Category: Civil Law | Date: 21 Nov, 2012 | Hits: 7
Md. Aminullah and others Vs. Serajul Huq and others, 2012, 41 CLC (AD)
....n is set aside and the impugned judgment and order passed by the appellate Court is restored. There is no order as to costs. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 131. ......ring in section 24 of the Non-Agricultural Tenancy Act means a co-sharer in the plot not the holding as mentioned in section 96 of the State Acquisition and Tenancy Act. Such being the position of law, the pre-emptors were not even required to file an application for amendment to show that they ..Category: Property Law | Date: 21 Nov, 2012 | Hits: 27
Azizur Rahman (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....ures appended to the petition mainly argued that the certificate under section 33(7) of the Ain issued by the Adalat is ex facie illegal since the same was issued beyond the scope of the express provision of Ain itself. He further submits that there is no scope to issue a certificate of this ki......for setting-aside the ex-parte decree After passing of the impugned order, the petitioner for the first time rushed before this Division and obtained the present Rule. In this situation the law enjoins that the petitioner ought to have resorted to section 19 of the Artha Rin Adalat Ain, 20..Category: Banking Law | Date: 20 Nov, 2012 | Hits: 8
Khorshed and another Vs. State, 2012, 41 CLC (HCD)
....ip;.....................................Respondent Judgment November 20, 2012. Result: The appeals are dismissed. Section 164(3), the Code of Criminal Procedure, a mandatory provision of law It is a settled principle of law that the requirement of adherence to the prov.................................Respondent Judgment November 20, 2012. Result: The appeals are dismissed. Section 164(3), the Code of Criminal Procedure, a mandatory provision of law It is a settled principle of law that the requirement of adherence to the provisions of sec..Category: Criminal Law | Date: 20 Nov, 2012 | Hits: 8
Amirul Islam (Md.) Vs. Commissioner of Customs and others, 2012, 41 CLC (HCD)
....No.3 the Deputy Commissioner of Customs, Chittagong by the impugned Note No.9 in Nothi No.1237/AP/ Section-04/2011-12 (Annexure-"A") most illegally, arbitrarily, fictitiously, violating the provisions of Valuation Rules 2000, ignoring the CRF certificate and proposed valuation of mixed fab......14-12-2011 in Nothi No.1237/AP/Section-04/2011-12 passed by the respondents (Annexure-A), by adoption of the "Deductive Value Method" in ignorance of the CRF certificate, relevant laws and rules shall not be declared illegal, without lawful authority and is of no legal effect and..Category: Fiscal/Taxation Law | Date: 19 Nov, 2012 | Hits: 6
Maleka Khatun Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....ates to the writ petitioner is declared to have been issued without lawful authority and is of no legal effect. Mohammad Bazlur Rahman J.- I agree. Ed. This Case is also Reported in: ......of Vested Property Cell issued the notice giving seven days time, although the petitioner is not an unauthorized occupant in the land. The Senior Assistant Commissioner of Vested Property Cell has no lawful authority under the law to serve any such notice, therefore, the impugned notice is wholly wi..Category: Property Law | Date: 18 Nov, 2012 | Hits: 133
Nahida Sultana Vs. Bazlur Rahman Khan and others, 2012, 41 CLC (HCD)
....dated 28-5-2005 disallowed Miscellaneous Case and the instant appeal is directed against that judgment and order dated 28-5-2005. 14. Mr. Golam Arshed, the learned Advocate upon referring to the provisions of Order XLIII, rule 1 of the Code of Civil Procedure submits that it is apparent from th....... 9. Mr. Golam Arshed, the learned Advocate appearing for the appellants submits that the Court of appeal below without applying its judicial mind into the facts and circumstance of the case and law bearing on the subject most illegally rejected the Miscellaneous Case under Order XLI, rule 19 o..Category: Civil Law, Procedural Law | Date: 14 Nov, 2012 | Hits: 2
State Vs. Kazi Mahbub-uddin Ahmed, 2012, 41 CLC (AD)
....nce or at least shortly after the event when a reasonable opportunity for making it presents itself, there is every possibility of fabrication of extraneous facts. The object of introducing this provision is that, the statement shall be made at a time, when the mind of the witness is still s......s particularly the evidence of Younus Chowdhury (P.W.9); that in view of the evidence that he was seen in the company of his wife till 1-20 PM, whether the High Court Division committed error of law in giving him the benefit of doubt; whether the apprehension of Belal by the police was a pre..Category: Evidence Law | Date: 14 Nov, 2012 | Hits: 21
State Vs. Kazi Mahbubuddin Ahmed, 2012, 41 CLC (AD)
.... once or at least shortly after the event when a reasonable opportunity for making it presents itself, there is every possibility of fabrication of extraneous facts. The object of introducing this provision is that, the statement shall be made at a time, when the mind of the witness is still so ......it was inculpatory in nature. If any accused fails to retract his first confession and then makes another confession, the latter statement cannot be taken as a confessional statement in the eye of law in presence of earlier statement and because the statement is exculpatory in nature. This secon..Category: Criminal Law | Date: 14 Nov, 2012 | Hits: 11
Shamsul Kabir Humayun Reza Vs. Anwarul Hasan and Others, 2012, 41 CLC (AD)
.... suit in violation of the provisions of section 33 of the Evidence Act and that although the said point was agitated before the High Court Division, it discarded the same on misconception of the provisions of section 33 thereof. On this point, Mr. Bhuiyan relied upon the cases of Ali Haider Vs.......e 10th day of February, 2011 passed by the High Court Division in Appeal from original Decree Nos.357, 358, 346 and 327 of 2009 dismissing the appeals. 2. Identical facts and common questions of laws being involved, these petitions have been heard together and are disposed of by this single jud..Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37
Sk Ahmedullah (Babul) Vs. Al-haj Md. A Rashid, 2012, 41 CLC (HCD)
....ditiously in accordance with law. Send a copy of the judgment and order to the concerned Tribunal immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 399. ......to prolong the litigation, and for the sake of amicable settlement, he has agreed to accept the cheque amount. Accordingly, the learned Advocate has prayed for disposal of the Rule in accordance with law. 6. In fact, it is a case under sections 439/435 of the Code of Criminal Procedure ar..Category: Others | Date: 11 Nov, 2012 | Hits: 8
....in lieu of such notice and the employee shall not be entitled to any form of compensation for termination of service under Regulation 13(3) of the said Regulations, 1981. After going through the said provisions of law it has come to the notice of mine that Regulation 13(3) of Sonali Bank (Employees)......r of termination of their service and it is not correct that nobody other than the Managing Director could terminate the service of the plaintiffs. In fact; the concerned authority in accordance with law terminated the plaintiffs and they were sacked because of their illegal strike and the Trade Uni..
Category: Civil Law | Date: 8 Nov, 2012 | Hits: 4
Ali Haider Chowdhury Vs. State and another, 2012, 41 CLC (HCD)
....nd 27(1) of the Anti-Corruption Commission Act, 2004. Subsequently, the learned Special Judge, by an order dated 17-2-2008, framed charge against the accused-petitioner and others under the aforesaid provisions of law. It may be mentioned that the accused-petitioner was an absconder at the time of f......ties has been disclosed against the accused-petitioner in the prosecution materials...........…..(25) Whether the Impugned Proceedings should be Quashed- It is a settled principle of law that the disputed question of fact cannot be determined by the Court invoking its extra-ord..Category: Anti-Corruption Laws, Procedural Law | Date: 8 Nov, 2012 | Hits: 7
Advocate Asaduzzaman Siddiqui Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....nt no.5 should not be declared illegal and without lawful authority and why a direction should not be given upon the respondent nos.1-4 to take legal action against the respondent no.5-8 under the provision of Penal Code and/or pass such other or further order or orders as to this Court may seem......activist who is the Member of this Bar. 2. The petitioner has come up with a case and has sought a direction upon the respondents to ensure Rule of Law and to take necessary steps against the law violators. 3. In this application under Article 102 of the Constitution of the People’s ..Category: Women and Children | Date: 8 Nov, 2012 | Hits: 10
Mosharef Hossain (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....tion the learned Counsel placed reliance on the decision of Khorshed Alam (Md.) Vs. Sub-ordinate Judge and Artha Rin Adalat reported in 54 DLR 239. His another submission is that on a mere reading of provision of Order XXI, rule 83 under which the petitioner made the application upon which the impug...... Nayadiganta on 22-4-2011 (Annexure-B and B-1 respectively) for selling the schedule mortgaged properties in to auction which is scheduled to be held on 22-5-2011 should not be declared to be without lawful authority and is of no legal effect. 2. The background leading to the Rule, in short, is..Category: Property Law | Date: 7 Nov, 2012 | Hits: 8
Anti Corruption Commission Vs. Md. Obaidul Karim and another, 2012, 41 CLC (AD)
....ment and order dated 25.09.2012 passed by the High Court Division in Criminal Miscellaneous Case No.19433 of 2012 be stayed till disposal of the appeal. Ed. This Case is also Reported in: ......he seized vehicle along with the said two accused to Dhanmondi Police Station as per G.D. Entry No.1815 dated 28.02.2007; that the said Abdus Salam also informed them that one Masum Ahmed, brother-in-law of Haris Chowdhury, a Political Secretary of the then Prime Minister Begum Khaleda Zia, gave the..Category: Anti-Corruption Laws | Date: 4 Nov, 2012 | Hits: 611
The State Vs. Moru Bhuiyan, 2012, 41 CLC (HCD)
....eal No.2408 of 2007 and Jail Appeal No.535 of 2007 are allowed. 29. The office is directed to send down the records at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 42 ......years went to village North Char Ramani Mohon, of Police Station and District Lakshmipur for employment as agricultural worker on the daily payment basis. He used to reside there as a domestic son-in-law of Abdul Jalil Bandukshi (P.W.4) after marring his daughter Ahikunnessa (P.W.2). He (victim) use..Category: Criminal Law | Date: 18 Oct, 2012 | Hits: 7
Khan Matarhar and another Vs. Nirmalendu Mondal and others, 2012, 41 CLC (AD)
....before the appellate court below for getting an opportunity to prove their claim. Hence this leave petition is dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 92. ......ellate court below the defendant-respondent Nos.7 and 8 filed Civil Revision No.6944 of 2001 before the High Court Division on the main contentions that the appellate court below committed error of law in accepting additional evidence without recording any reason as per requirement of Order 41 r..Category: Property Law | Date: 18 Oct, 2012 | Hits: 4
Abdur Razzaque Chowdhury and others Vs. Artha Rin Adalat and others, 2012, 41 CLC (AD)
.... Shilpa Bank (hereinafter referred to as the Bank), filed Miscellaneous Case No.23 of 1997 in the Court of the then Subordinate Judge (now Joint District Judge) and Artha Rin Adalat, Khulna under the provisions of the President’s Order No.129 of 1972 for realization of outstanding loan to the ...... Ain, 2003 passed by the Adalat on 07.10.2007 in the execution case without compliance of the provisions laid down in section 34(9) of the Ain, 2003 should not be declared to have been passed without lawful authority and is of no legal effect. 3. The decree-holder-Bank contested the Rule by fi..Category: Civil Law | Date: 18 Oct, 2012 | Hits: 159
Mayor, Dhaka City Corporation Vs. Dhaka Metropolitan Rickshaw Samity, 2012, 41 CLC (HCD)
....atements made by the plaintiff and also filed an application for rejecting the plaint on 24-1-2000 under Order VII, rule 11 of the Code of Civil Procedure as the suit being barred under the mandatory provision of section 163 of the Dhaka City Corporation Ordinance, 1983 which provided for givin......lf is unable to control or maintain discipline in the cases of running of the Rickshaws on the streets of Dhaka, nevertheless the Corporation is the only authority and the Ordinance, 1983 is the only law for regulating the number of Rickshaws to be granted on the street. The trial court failed ..Category: Administrative Law, Civil Law | Date: 17 Oct, 2012 | Hits: 3
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