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Noor Alam Vs. Sonali Bank and others, 2011, 40 CLC (HCD)

....m other defendant Nos. 1-2 in accordance with law. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 332.......g defendant No. 3 examined in all 3(three) witnesses and both the parties exhibited a series of documents to prove their respective cases. 5. The learned Subordinate Judge and Additional Artha Rin Adalat No.1 heard the learned Advocates of both the sides and ultimately, on consideration of the ev..

Category: Procedural Law | Date: | Hits: 107

Fatema Khatoon Vs. City Bank Ltd. and others, 1996, 25 CLC (HCD)

....er is set aside. Application dated 1‑11‑94 of the petitioner Fatema Khatun in allowed and she is added as a defendant in the suit. Ed. This case is also Reported in: 49 DLR (HD) (1997) 117. ......bani J.- Petitioner Fatema Khatun filed an application under Order 1 rule 10 CPC for adding her as a defendant in Title Suit No.225 of 1991 pending in the 3rd Court of Subordinate Judge and Artha Rin Adalat. Her application was rejected by the order dated 23-7-95 and so she has obtained this Rule ag..

Category: Procedural Law | Date: | Hits: 67

Ayar @ Ayaruddin and others Vs. State, 2004, 33 CLC (HCD)

....cases under special laws. When a convict is tried under the Special law, which prescribes a special period of limitation for appeal against an order or judgment by a Special Tribunal or Tribunal or a Bishesh Adalat, as the case may be, in view of section 29 of the Limitation Act, section 5 thereof c......der special laws. When a convict is tried under the Special law, which prescribes a special period of limitation for appeal against an order or judgment by a Special Tribunal or Tribunal or a Bishesh Adalat, as the case may be, in view of section 29 of the Limitation Act, section 5 thereof cannot be..

Category: Criminal Law | Date: | Hits: 73

Abdul Halim Ukil Vs. State, 2004, 33 CLC (HCD)

....e and Deputy Commissioner Sherpur, Jamalpur, and Druta Bichar Ain Adalat Sherpur and Jamalpur for information, guidance and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 281.......f Nalitabari PS case dated 10‑11‑2003 under section 4(1) Ain Sringkhala Bignakari Aparad Druta Bichar Ain, 2002, now pending in the Court of Mr. Golam Kabir, Magistrate 1st Class Druta Bichar Ain Adalat Sherpur should not be transferred from that Court to any other appropriate Court for fair and..

Category: Criminal Law | Date: | Hits: 71

MR Trading Co. Vs. Superintendent Engineer and others, 2004, 33 CLC (HCD)

....rict Judge is directed to hear and dispose of the suit by 27‑7‑04, positively. Send down the lower Court's record within three days. Ed. This Case is also Reported in: 56 DLR (2004) 470. ......ed that being hard pressed for capital to continue the works, the plaintiff had to borrow money from the Uttara Bank. Uttara Bank instituted Money Suit No. 496 of 2002 in the Third Court of Artha Rin Adalat at Dhaka for recovery of Taka 3,89,00,000. The plaintiff has to pay huge amount of interest o..

Category: Civil Law | Date: | Hits: 73

One Bank Limited and others Vs. Chaya Developer (Pvt.) Limited and others, 2011, 40 CLC (AD)

....hereafter, the respondents are directed to file the concise statement within 1 (one) week to make the appeal ready for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 963....... filed the writ petition challenging order No.1 dated 23.01.2008, order No.13 dated 6.4.2008 and order No.49 dated 19.01.2009 passed in Artha Rin Suit No.7 of 2008, now pend­ing before the Artha Rin Adalat, 1st Court, Chittagong. It was contended that the pre­siding Judge was not authorised to pas..

Category: Civil Law | Date: | Hits: 59

Roy Mohan Dey Vs. Jogesh Chandra Dey being died his legal heirs: Snehabala Dey and others, 2011, 40 CLC (AD)

.... and decisions of the High Court Division and in the circum­stances this appeal be dismissed on con­test without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 921. ......1 pre­ferred Other Appeal No.35 of 1990 in the Court of the learned District Judge, Chittagong which was ultimately heard and disposed by the learned Subordinate Judge, Commercial Court and Artharin Adalat, Chittagong. 8. The appellate court though upheld the finding and decision of the trial co..

Category: Property Law | Date: | Hits: 49

Md. Hossain Ahmed Vs. Bangladesh House Building Finance Corporation and another, 2011, 40 CLC (AD)

....tance in the submissions of Mr. Quamrul Islam Siddique, so in the leave petition. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VIII ADC (2011) 721. ......Facts necessary for disposal of this leave petition, in short, are that respondent No.1, Bangladesh House Building Finance Corporation instituted Miscellaneous Case No.16 of 1991 before the Artha Rin Adalat at Jessore under the provision of Bangladesh House Building Finance Corporation Order, 1973 (..

Category: Civil Law | Date: | Hits: 108

Md. Saidur Rahman Vs. Farid Uddin Mahmud and others, 2011, 40 CLC (AD)

....he has appreciated that the impugned judgment is a well reasoned one. We find no merit in this petition, which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 698.......who seeks leave to appeal from the judgment of this Division in Civil Appeal No.177 of 2009 mainly on the ground that Mr. Moshiur Rahman Chowdhury, having not been appointed as Judge of the Artha Rin Adalat No.1, Chiltagong in accordance with section 4(5) of the Artha Rin Adalat Ain, the order of th..

Category: Property Law | Date: | Hits: 81

Md. Shajahan and others Vs. The Secretary, represented by the Ministry of Law, Justice and Parliamentary Affairs and others, 2011, 40 CLC (AD)

....lant shall submit the concise statements by 12th April, 2011 and 1(one) week thereafter the respondent will file the concise statements. Ed. This Case is also Reported in: VIII ADC (2011) 685. ......f 2009 discharging the Rule. 2. The present petitioners filed the writ petition before the High Court Division impugning the order dated 05.02.2009 passed by the Joint District Judge and Artha Rin Adalat, Narayangonj in Artha Rin Decree Execution Case No.149 of 2005 rejecting their application un..

Category: Property Law | Date: | Hits: 48

Md. Bande Ali Miah Vs. Chief Engineer, Housing and Settlement, 2011, 40 CLC (AD)

....leave to appeal, therefore, does not merit any consideration. In the circumstances this civil petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 604.......ent, Directorate of Housing and Settlement filed Title Appeal No.99 of 2000 in the Court of the District Judge, Dhaka, which was ultimately heard and disposed of by the Subordinate Judge and Artharin Adalat No.4, Dhaka. 7. The appellate court affirmed the judg­ment and decree of the trial court ..

Category: Property Law | Date: | Hits: 65

Mizanur Rahman Khan (Md.) and another Vs. Jinnatul Ferdous and others, 1999, 18 CLC (HCD)

....ioner on 18-6-97 in execution of the writ issued to him by the learned Executing Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 493. ......— For the Opposite Parties. Civil Revision No.797 of 1998. Judgment Gour Gopal Saha J.- This Rule is directed against the order dated 19-10-97 passed by the Subordinate Judge and Artha Rin Adalat, 4th Court, Dhaka in Title Execution Case No.20 of 1997 rejecting the application of the peti..

Category: Civil Law | Date: | Hits: 66

Falu Mia Vs. Md. Nazrul Islam and others, 1999, 18 CLC (HCD)

....rmed. The order of stay granted earlier by this Court stands vacated. Communicate the order to the learned Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 486. ...... Represented - the Opposite Parties. Civil Revision No.2670 of 1992. Judgment Gour Gopal Saha J.- This Rule arises out of an order dated 14-9-92 passed by the Subordinate Judge and Artha Rin Adalat No.4, Dhaka in Title Suit No.393 of 1987 exempting the plaintiff from the necessity of implea..

Category: Procedural Law | Date: | Hits: 67

Agrani Bank Vs. Artha Rin Adalat and others, 2003, 32 CLC (HCD)

....our considered view is that the Writ Petition against the impugned order is not maintainable. The writ petition is thus summarily rejected. Ed. This Case is also Reported in: 55 DLR (2003) 389. ...... ..

Category: Administrative Law | Date: | Hits: 200

Globe Bruges Ltd. Vs. Arab Bangladesh Bank Ltd. And others, 2011, 40 CLC (AD)

....e appeal on assigning proper reasons. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 483. ......ty with the defendant No.1 Bank as collateral security. The defendant No.4 failed to repay the afore­said loan and accordingly the defendant No.1 filed Title Suit No.154 of 1997 in the 3rd Artha Rin Adalat, Dhaka against the defendant No.4 and its Directors for recov­ery of the said loan and the s..

Category: Civil Law | Date: | Hits: 93

Sreemoti Shipra Shaha Vs. Judge, Artha Rin Adalat No.3, Dhaka and others, 2009, 38 CLC (AD)

....the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010)149....... (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Abdul Matin J ABM Khairul Haque J Sreemoti Shipra Shaha.........................Petitioner Vs. Judge, Artha Rin Adalat No.3, Dhaka and others................Respondents Judgment October 6, 2009. Lawyers ..

Category: Civil Law | Date: | Hits: 94

Md. Shahjahan Ali and others Vs. Most. Maleka Bewa and others, 2009, 38 CLC (AD)

.... of the materials on record arrived at a correct decision and accordingly no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 134. ......9.8.2007 of the High Court Division passed in Civil Revision No.614 of 2001 discharging the Rule obtained impugning the judgment and decree dated 16.8.2000 of the learned Subordinate Judge, Artha Rin Adalat, Tangail, passed in Title Appeal No.72 of 1994 reversing those of dated 7.3.1994 passed by th..

Category: Property Law | Date: | Hits: 57

Sonali Bank Ltd. Vs. Md. Nur Habib Bappi and others, 2009, 38 CLC (AD)

....ecord made the Rule absolute and there is no cogent reason to call for any interference by this Division. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010)121. ......nal District Judge, Bogra passed in Miscellaneous Appeal No.43 of 2007 allowing the said appeal upon setting aside the judgment and order dated 8.2.2007 of the learned Joint District Judge, Artha Rin Adalat, Bogra passed in Artha Rin Execution Case No. 103 of 1994 accepting the tender filed by the p..

Category: Civil Law | Date: | Hits: 89

National Bank Limited Vs. New Sonali Garments (Pri­vate) Ltd. & Others, 1993, 22 CLC (HCD)

....urn the memorandum of cross‑objections to defendant Nos. 5 and 9. The office is directed to make the appeal ready expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 547. ......nce of the plaintiff‑appellant National Bank Ltd. is directed against the judgment and decree respectively dated 31.3.91 and 2.4.91 passed by Mr. Md. Shahidul Hoque, Subordinate Judge and Artha Rin Adalat No.3, Dhaka in Money Suit No. 528 of 1991. The Memo of appeal was presented in this Court on ..

Category: Civil Law | Date: | Hits: 96

Qamruzzaman Shah Vs. Government of the People's Republic of Bangladesh and another, 2008, 37 CLC (AD)

.... decision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011)163.......etition challenging the legality and propriety of the action of the respondents Nos.2 and 3 to file Artha Rin Suit No.22 of 2007 in the Court of Joint District Judge, 1st Court, Jessore and Artha Rin Adalat, Jessore against the petitioner and others for realization of outstanding dues amount of Tk. ..

Category: Civil Law | Date: | Hits: 77