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Promoda Sundari Sen Kalyan Trust Vs. Momtaz Zafar Ahmed and Others, 2011, 40 CLC (HCD)
....to ventilate his grievances, other than the recourse prescribed by specific provisions governing the issue— It is an admitted proposition that the present plaintiff-petitioner did not file any application before the executing Adalat under section 32 of the Ain, 2003 but he has f......rder as to cost Let a copy of the Judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 53 ......cree of the Artha Rin Adalat filed the present suit for permanent injunction in respect of the suit property as described in the schedule of the plaint; which already have been sold in auction in the proceedings of the Execution Case No. 368 of 2004 and in that view of the matter both the Courts bel..Category: Banking Law | Date: 9 Feb, 2011 | Hits: 2
Shah Alam (Md.) Vs. State and another, 2011, 40 CLC (HCD)
....e No.552 of 2009 (Kotwali) under section 138 of the Negotiable Instruments Act, 1881, now pending in the Court of Mohanagar Additional Sessions Judge, 3rd Court, Chittagong, should not be quashed, or any other order passed as this Court may deem fit and proper. 2. By the same Rule issuing order, ...... and it was dishonoured for insufficiency of fund as a first ground, and subsequently notice was duly received but the money was not paid, the impugned proceeding should not be stifled at the early stage of the case. Moreover, controversial fact; even if any, cannot be taken into consideration......Mohanagar Additional Sessions Judge, 3rd Court, Chittagong, should not be quashed, or any other order passed as this Court may deem fit and proper. 2. By the same Rule issuing order, all further proceedings of the above Sessions Case were also stayed. 3. The relevant facts for disposal of th..Category: Banking Law | Date: 6 Feb, 2011 | Hits: 361
Sohrab Hossain (Md.) & others Vs. State & another, 2011, 40 CLC (HCD)
....e-party No.2 as complainant filed a petition of complaint before the Chief Metropolitan Magistrate, Dhaka alleging, inter alia, that the accused-petitioners are the Directors of a private Limited company named Mikado products private Ltd who in a board meeting of the company held on 30-11-2003 autho...... of the Code. 11. For the discussions made above, we find no merit in the Rule. Accordingly, this Rule is discharged. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 215. ......Metropolitan Magistrate, Dhaka on 11-2-2001 and they were enlarged on bail on the said date. Then they filed the application under section 561A of the Code before this Court for quashing the impugned proceedings and obtained the instant Rule. 4. Mr. Meah Md. Kausar Alam, learned Advocate for th..Category: Others | Date: 3 Feb, 2011 | Hits: 4
Md. Nasurullah alias Nasu Vs. Artha Rin Adalat No. 4, Dhaka and others, 2011, 40 CLC (HCD)
.... case was filed on 27.10.2005 i.e. after expiry of 180 days and as such it is hopelessly bared by limitation. The auction held in an illegal execution proceeding is also illegal and it did not create any right and title over the mortgaged property in favour of the auction purchaser. Since the mortga......d him to deposit the remaining decretal amount, but ultimately rejected his application by the impugned order dated 7.8.2007 on the ground that there is no scope in law to redeem the property at this stage (vide annex-G to the writ petition). 13. It also appears from the said order sheet that t....... Writ Petition No. 801 of 2010. Judgment Md. Ruhul Quddus J. - This Rule, at the instance of a legal heir of a judgment debtor in a mortgage decree, was issued calling in question the proceedings in Execution Case No.727 of 2005 of Artha Rin Adalat No. 4, Dhaka and the legality of or..Category: Banking Law | Date: 2 Feb, 2011 | Hits: 175
Shamsunnur Rahman Vs. State, 2011, 40 CLC (HCD)
.... In view of the foregoing narrative the petition of appeal is rejected. Office is directed to communicate the judgment and order at once. Ed. This Case is also Reported in: 16 BLC (2011) 895.......osecution case the accused must be examined under section 342 of the Code of Criminal Procedure irrespective of the fact whether she offers to produce defence or not. The examination must precede the stage when the accused is required to adduce defence evidence. The section is based on the principle...... In view of the foregoing narrative the petition of appeal is rejected. Office is directed to communicate the judgment and order at once. Ed. This Case is also Reported in: 16 BLC (2011) 895...Category: Women and Children | Date: 31 Jan, 2011 | Hits: 127
Kanin (India)(P) Ltd. Vs. Registrar of Trade Marks, Dhaka and another, 2011, 40 CLC (HCD)
....e Marks, can prefer an appeal in spite of being not a party in the original proceeding. A person aggrieved is never prohibited to present an appeal against a decision of the Registrar, Trade Marks by any provision neither in the Civil Procedure Code nor in the Trade Marks Act or the rules made there......ment be communicated and the record be sent back to the Registrar of Trade Marks, Dhaka immediately. Nazmun Ara Sultana J.- I agree. This Case is also Reported in: 18 BLC (HCD) (2013) 44. ......Registrar no bar for appeal If a person whether juristic or natural is aggrieved by a decision of the Registrar of Trade Marks, can prefer an appeal in spite of being not a party in the original proceeding. A person aggrieved is never prohibited to present an appeal against a decision of the Re..Category: Intellectual Property Law | Date: 30 Jan, 2011 | Hits: 183
Mirza Ahsan Habib Vs. The Judge, Artha Rin Adalat and another, 2011, 40 CLC (HCD)
....hman Mian, the learned Advocate for the respondent-bank submits that the petitioner did not surrender before the executing Court and, as such, he has become a fugitive and not entitled to any relief from this Court. 7. We have perused the writ petition with its annexes a......the learned Judge, on an application filed by the decree-holder bank, issued warrant of arrest on 27-8-2007, against the petitioner and two other judgment-debtors to put them in civil prison. At that stage the petitioner filed an application for rejection of the execution case as being barred by spe...... Adalat Ain, 2003 is hopelessly barred by the law of special limitation and, as such, it is liable , to be rejected. The warrant of arrest issued against the petitioner, in an illegal execution proceeding, is also illegal. 6. On the other hand, Mr. Md. Mozibur Rahman Mian, the lear..Category: Banking Law | Date: 29 Jan, 2011 | Hits: 2
M/S A-Z Knit Wears Ltd. and another Vs. City Bank Ltd. and others, 2011, 40 CLC (HCD)
....constitution. No relief has been sought against Bangladesh Bank in respect of its inaction and a direction has been sought, instead, against a private bank not to proceed against the petitioner - company. This writ petition is directed in disguise against a private bank. It is well settled that a pr......nd the claim raised in the notice is correct there are all questions of facts to be determined by a competent court in due course of trail, if the notice giver bank goes for legal action. But at this stage its access of justice cannot be denied by gagging the legal notice…………….( para 8) ...... without any order as to costs. The order of restraint granted at the time of issuance of the Rule is hereby vacated. Nazmun Ara Sultana J. I agree. Ed. This Case is also Reported in: ..Category: Banking Law | Date: 26 Jan, 2011 | Hits: 185
Md. Hamiduzzaman Vs. Joint District Judge, Artha Rin Adalat, Faridpur and others, 2011, 40 CLC (HCD)
....o pay the outstanding dues by order dated 30.7.2009 and fixed 6.9.2009 for deposition of the money and hearing of the said application. As the judgment debtor failed to deposit the money even to take any step on the next date, the learned Judge by his order dated 6.9.2009 rejected the application da......n affidavit-in-opposition contending inter alia that the petitioner did not take any proper step in time, missed all opportunities given by the executing Court and has come to this Court at a belated stage after completion of transfer of the mortgaged property in favour of the decree holder-bank by ...... suit and as a result it was decreed ex parte on 8.5.2005. Thereafter the decree holder-bank filed Artha Rin Execution Case No.104 of 2005 in the Artha Rin Adalat, Faridpur on 19.6.2005. In course of proceedings in the said execution case, auction notices were published under section 33 (1) (4) of t..Category: Banking Law | Date: 20 Jan, 2011 | Hits: 233
Mirza Ahsan Habib Vs. Judge, Artha Rin Adalat, Khulna and another, 2011, 40 CLC (HCD)
....Md. Mozibur Rahman Miah, the learned Advocate for the respondent-bank submits that the petitioner did not surrender before the executing Court and as such he has become a fugitive and not entitled to any relief from this Court. 7. We have perused the writ petition with its annexes and the affid...... the learned Judge, on an application filed by the decree-holder bank, issued warrant of arrest on 27.8.2007 against the petitioner and two other judgment-debtors to put them in civil prison. At that stage the petitioner filed an application for rejection of the execution case as being barred by spe...... Artha Rin Adalat Ain, 2003 is hopelessly barred by the law of special limitation and as such it is liable to be rejected. The warrant of arrest issued against the petitioner, in an illegal execution proceeding, is also illegal. 6. On the other hand Mr. Md. Mozibur Rahman Miah, the learned Advo..Category: Banking Law | Date: 19 Jan, 2011 | Hits: 305
StateVs. Noor Islam and others, 2011, 40 CLC (HCD)
....currence as given in the F.I.R. remains in fact and during cross-examination by the defence he could not be shaken on those vital points. In the instant case although the prosecution has examined as many as 19 witnesses but, in fact, there is no eye-witness to the occurrence amongst them and the pro......which they maintained the same plea of innocence. Accused Aaizel @ Aazu @ Azizul Haque @ Azizur could not be examined under Section 342 of the Code of Criminal Procedure as he was absconding. At this stage, all the condemned prisoners except the absconding accused Aaizel @ Aazu @ Azizul Haque @ Aziz......nce to pay a fine of Tk. 1,00,000/- each, in default to pay the fine, they are to suffer rigorous imprisonment for two years more each. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 141...Category: Women and Children | Date: 13 Jan, 2011 | Hits: 195
Bangladesh Legal Aid and Services Trust Vs. Secretary, Ministry of Education, 2011, 40 CLC (HCD)
....o 16 should not be directed to take appropriate measures to- a) provide a report to this Court on whether the instances of infliction of corporal punishment has been duly investigated and whether any action has been taken against the responsible persons; b) provide training for all teachers ...... 63 DLR (2011) 643. An international organisation set up in 2001 to campaign for worldwide prohibition by law of all corporal punishment of children, whether by parents or schools. ......corporal punishment and also to take appropriate action against the perpetrators of corporal punishment under the Penal Code, 1960, Children Act, 1974 and, where appropriate, to initiate departmental proceedings against them. The heads of educational institutions were directed to take necessary step..Category: Women and Children | Date: 13 Jan, 2011 | Hits: 248
Mahfuzur Rahman and another Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
.... The authority competent to make an order has the power to undo the same; but the order cannot be withdrawn or rescinded once it has taken legal effect and certain rights are created in favour of any individual. The power to add to, amend, vary or rescind available under Section 21 of the G......functionaries thereof. This being the position, they cannot capitalize on their fraud and forgery. It is true that the perpetration of fraud and forgery could not be detected at the initial stage and when the same were detected by the inquiry committee, it was found that the petitione......reed these Rules from the bondage in the landmark 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..Category: Administrative Law | Date: 9 Dec, 2010 | Hits: 2
Hasna Ahmad Vs. State and another, 2010, 39 CLC (HCD)
....09/109 The Prevention of Corruption Act, 1947 (Act No. II of 1947); Section 5(2) A mere vague and nebulous statement in the charge-sheet about the alleged abetment of the petitioner without any supporting incriminating materials on record cannot be sustained at all. It seems that the ...... is not FIR-named; but after investigation, she has been charge-sheeted and her involvement in the case is a matter of evidence and trial and the prosecution case should not be stifled at the initial stage and it should be given an opportunity of adducing evidence to prove the charge of abetment aga...... harassment in so far as the petitioner is concerned. Consequently, the High Court Division in its inherent jurisdiction under section 561A of the Code of Criminal Procedure is competent to quash the proceedings of the case, so far as it relates to her………………..Category: Anti-Corruption Laws | Date: 1 Dec, 2010 | Hits: 189
Ms. Syeda Rizwana Hasan Vs. Bangladesh and others, 2010, 39 CLC (AD)
....oor who are unable to come to Court due to illiteracy or monetary helplessness, a petition on their behalf will be welcomed. The litigation must have been initiated for the benefit of the poor or any number of people who have been suffering the common injury but their grievances can not be red...... would be bound to shatter. This sort of scheme would also deprive the residents of the vicinity from a healthy atmosphere. 40. What is more, these new plots had not been allotted at the initial stage along with it’s surrounding plots. The authority cannot allot plots of a residential area ......Vs. H.S. Chowdhury, (1992) 4 SCC 305, the above views have been reaffirmed in the following language: "It is thus clear that only a person acting bonafide and having sufficient interest in the proceedings of PIL will alone have a locus standi and can approach the Court to wipe out the tears o..Category: Environmental Law | Date: 8 Nov, 2010 | Hits: 258
Shanik Chandra Barmon Vs. State and another, 2010, 39 CLC (HCD)
....to show cause as to why the proceedings of CR Case No.54 of 2008 under section 408 of the Penal Code, now pending in the Court of Senior Judicial Magistrate, Nilphamari, should not be quashed or any other order passed as this Court may deem fit and proper. 2. By the same Rule issuing order...... violating the Rule 13, such illegal proceeding, if allowed to continue, it would be sheer abuse of process of the Court. As such, we hold the view that the impugned criminal proceeding from the stage of taking cognizance is liable to be quashed. But at the same time it must be noted here that ......s entrusted with the responsibility of collecting installments from the members of the Grameen Bank. At that time, he misappropriated a total amount of Taka 65,886 from the collection. A departmental proceeding was drawn up on the charge of misappropriation of money belonging Grameen Bank and ultima..Category: Anti-Corruption Laws, Criminal Law | Date: 2 Nov, 2010 | Hits: 5
Redwan Ahmed Vs. Bangladesh, 2010, 39 CLC (HCD)
....cretary General) Shah Alam Chowdhury of Muktijoddha Council were the custodian of the Muktijoddha Council, at he instance of the then Vice-Chairman (at present Chairman) Md. Kabir Ahmed, without any organization's approval by abuse of their powers withdrew Taka 50,00,000 (Taka fifty lakh) f......transmitted the case record to the Senior Special Judge, Dhaka for trial who registered the same as Metro Bishesh Case No.133 of 2007. The case was then pending for framing of charge. 6. At this stage the petitioner moved this Division under Article 102 of the Constitution and obtained the pres......Petition No. 9365 of 2007. Judgment Md. Ashfaqul Islam J.- At the instance of the petitioner Redwan Ahmed, this Rule Nisi was issued calling upon the respondents to show cause as to why the proceeding of Metro Bishesh Case No.133 of 2007 arising out of Ramna Police Station Case No.40 dated..Category: Anti-Corruption Laws | Date: 25 Oct, 2010 | Hits: 211
British American Tobacco Bangladesh Company Ltd. Vs. Begum Shamsun Nahar, 2010, 39 CLC (AD)
....) 80. ...... suit is barred by law. The plaintiff has no cause of action to file this suit against the defendant-company and, as such, the application is liable to be allowed. The plaint can be rejected at any stage of the suit and, as such, the prayer under Order VII, rule 11(a) and (d) should be allowed a......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)
....n verbally with regard to the acceptance of the nomination paper of the present petitioner to which the Returning Officer, i.e. the Deputy Commissioner of Narsingdi (Respondent No.6) did not pay any heed. Consequently, the respondent No.1 filed an application on 11-12-2008 under Article 91E of ......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. ......made in the Representation of the People Order, 1972, vide the Representation of the People (Amendment). Ordinance 2008, the Respondent No.1 cannot be said to be a candidate and, as such, before proceeding with the merit of the case, the issue whether the Respondent No.1 is a candidate or not, ..Category: Civil Law, Election Law | Date: 7 Oct, 2010 | Hits: 8
Orascom Telecom Bangladesh Limited Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....respondent No.2 under section 55(3) of the VAT Act, 1991 directing the petitioner to pay an amount of Tk.49,04,42,405.00 within a period of ten days should not be declared to have been issued without any lawful authority and is of no legal effect. 2. The back ground leading to the issuance of t......etitioner prefers appeal before the Tribunal, the limitation in preferring the appeal would not operate as a bar in that event. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 319. ......ct and the petitioner was asked to show cause within 15 days under those sections instead of issuing notice under section 55 of the VAT Act 1991. This is absolutely without jurisdiction since without proceeding under section 55 of the VAT Act section 37 of the Act cannot be resorted to. 19. It ..Category: Fiscal/Taxation Law | Date: 7 Oct, 2010 | Hits: 174
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