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....ubstance hi the submissions of the learned Advocate for the petitioners.
Accordingly, the leave petition is dismissed.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 119.
......nsideration money of Taka 5 lakh. The price was re-fixed at Taka '33.00 lacs out of which Taka 19,00 lakh was already paid by the plaintiff Mansur Rahman to the defendant and the outstanding amount of Taka 14,29,373 was paid by Mansur Rahman to the RAJUK. The defendant Nos.1 and 2 and Kazi ......mpany on 19-3-1990 entered into an agreement for sale of the said property with Alhaj Mansur Rahman for Taka 35, 40,000. Thereafter Alhaj Mansur Rahman paid Taka 18.50 lakh through cheques as earnest money and possession of the property was delivered to him with a condition that outstanding dues of ..
Category: Civil Law | Date: 17 Feb, 2011 | Hits: 5
Sanjoy Roy Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....d as being not maintainable. The order of stay passed by this Court at the time of issuance of the Rule is vacated. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......ha Rin Adalat Ain, 2003 published in the Daily Sylheter Dak dated 4.8.2010. 2. Facts relevant for disposal of the Rule are that the petitioner availed credit facilities on different dates, total amounting to Taka 49,65,730.75 (Taka forty-nine lac sixty-five thousand seven hundred thirty and Pai......d as being not maintainable. The order of stay passed by this Court at the time of issuance of the Rule is vacated. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..Category: Banking Law | Date: 17 Feb, 2011 | Hits: 174
Rupali Bank Ltd., Dhaka Vs. M/S. Brick Linkers Ltd. and Others, 2011, 40 CLC (AD)
....lowing the decree holder's application for drawing up final decree. 13. It sometimes happens that there is repugnancy between enacting clauses and the question then arises, how the Act, taken as a whole, to be construed. The generally accepted rule with regard to the construction where there are ......judgment and order dated 5th February, 1997 decreed the suit in preliminary form with interest. The Adalat thereupon drew up the preliminary decree. As the judgment debtors did not pay the decreetal amount within the stipulated time, the decree-holder Bank filed an application under Order 34 Rule 4...... of any provision for executing the decree, there is no dispute that the provisions of the Code of Civil Procedure will apply. 6. In the preliminary decree there was direction to pay the decreetal money within a specified time and if the judgment-debtors failed to pay the decreetal amount, the de..Category: Banking Law | Date: 15 Feb, 2011 | Hits: 189
....ntha (18.01.2011): Child domestic aid Asma Khatun, aged 15, was working at a house in Rampura, Dhaka. The couple-employers used to beat her for small mistakes and confined her in the bathroom for the whole night. On a Saturday night, the employers put hot Khunti (cooking utensil) on different parts ......ARK (SCSD), CHILD DOMESTIC WORKERS – LIVING INSIDE ROOM AND OUTSIDE LAW AND ROLE OF GOVT. AND CIVIL SOCIETIES IN BANGLADESH , 36-37 (2009) [hereinafter SCSD REPORT ON CHILD DOMESTIC WORKERS].
......an slavery. In fact the practice of ‘c¡ce’ or bonded labour is still prevalent in many parts of the country where children of the poor families are pledged to the rich on payment of lump sums of money. The poor and hapless children work for their masters until the loan is paid off. In the case ..
Category: Women and Children | Date: 15 Feb, 2011 | Hits: 265
Promoda Sundari Sen Kalyan Trust Vs. Momtaz Zafar Ahmed and Others, 2011, 40 CLC (HCD)
....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 ...... rejection of the plaint stating, inter-alia, that the defendant No. 7 as plaintiff instituted Artha Rin Suit 771 of 2004 before the Artha Rin Adalat No. 1, Dhaka for recovery of its outstanding dues amounting to Taka 60,61,540 against the Grameen Samaj Kendra which was decreed vide ex-parte judgmen......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 ..Category: Banking Law | Date: 9 Feb, 2011 | Hits: 2
Shah Alam (Md.) Vs. State and another, 2011, 40 CLC (HCD)
....e trial Court shall proceed with the case in accordance with law. Send a copy of the judgment and order to the Court below at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 137. ......f fund in the account of the drawer with as added remark that joint signature was required. On 8-2-2009 at about 7-00 PM, the complainant personally approached the accused-petitioner to get the amount of money for which the 'cheque was issued. But he refused to pay. As such, on 25-2-2009 a leg......e Instruments Act, 1881 alleging that while he had cordial relationship with the accused-petitioner, the latter received a loan of Taka 50,00,000 from the complainant with the promise to pay back the money within a few days. Subsequently, the accused-petitioner issued a cheque dated 2-2-2009 in favo..Category: Banking Law | Date: 6 Feb, 2011 | Hits: 361
Sohrab Hossain (Md.) & others Vs. State & another, 2011, 40 CLC (HCD)
.... 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. ......t fund having been presented on the same date of issue. Then again the bank issued a legal notice on 29-9-2009 by registered post with acknowledgment due requesting the accused to make payment of the amount of the dishonoured cheque within 30 (thirty) days of the date of receipt of the notice. Cause......o make payment of the amount of the dishonoured cheque but they did not make the payment. The accused in collusion with each other with a malafide motive gave the cheque without depositing sufficient money in the account of the company and thus practised fraud upon bank and committed the offence und..Category: Others | Date: 3 Feb, 2011 | Hits: 4
Aslam Khan Vs. Artha Rin Adalat, Moulvibazar and another, 2011, 40 CLC (HCD)
.... to the Manager, Sonali Bank Ltd., Bhairabganj Bazar Branch, Moulvibazar and also to the concerned executing Court. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......ssued calling in question order dated 15.4.2010 passed by the Artha Rin Adalat, Moulvibazar rejecting the petitioner’s application for exemption of interest on deposition of the remaining principle amount of loan in Artha Rin Execution Case No. 29 of 2003 (arising out of Artha Rin Suit No. 3 of 19...... to the Manager, Sonali Bank Ltd., Bhairabganj Bazar Branch, Moulvibazar and also to the concerned executing Court. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..Category: Banking Law | Date: 2 Feb, 2011 | Hits: 217
Md. Nasurullah alias Nasu Vs. Artha Rin Adalat No. 4, Dhaka and others, 2011, 40 CLC (HCD)
....perty. Lat a copy of the judgment be communicated to the concerned executing Court for future guidance as well. Nazmun Ara Sultana J.- I agree Ed. This Case is also Reported in: ...... leading to this writ petition, in short, are that the Islami Bank Ltd, Mirpur Branch, Dhaka as plaintiff instituted Artha Rin Suit No.777 of 2004 in Artha Rin Adalat No.4, Dhaka for recovery of loan amounting to Taka 6,69,706/- (six lac sixty-nine thousand seven hundred six) only against the petiti...... Case No.727 of 2005 of Artha Rin Adalat No. 4, Dhaka and the legality of order dated 7.8.2007 passed therein rejecting an application for release of the auctioned property on payment of the decretal money. 2. Facts leading to this writ petition, in short, are that the Islami Bank Ltd, Mirpur B..Category: Banking Law | Date: 2 Feb, 2011 | Hits: 175
M/S A-Z Knit Wears Ltd. and another Vs. City Bank Ltd. and others, 2011, 40 CLC (HCD)
.... 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: ......egal notice served upon them by the City Bank Ltd. under section 138 of the Negotiable Instrument Act. 2. The facts relevant for disposal of the Rule are that the petitioner company took term loan amounting to taka 50,00,000/- (fifty lac) only from the City Bank Ltd, a private bank operating unde......at when the petitioner company owes only taka 3 (three) crore and some odd, altering and placing of two cheques for taka 10 (ten) crore and serving legal notice upon the petitioner-company during the money suit being pending against the creditor-bank, is mala fide and collusive. Under the given circ..Category: Banking Law | Date: 26 Jan, 2011 | Hits: 185
Mahbub Ahmed Chowdhury Vs. Chief Election Commissioner and others, 2011, 40 CLC (AD)
....ny law or any other instrument or pleadings with special reference to court cases. . . Amendment' is a change in some of the existing provisions of a statute . . . a law is amended when it is in whole or in part permitted to remain and something is added to, or taken from it, or it is in some ......f his own or his dependents; (g) what promises he made before an election in which he was elected as a member in the past, and how many of those promises were fulfilled; and (h) the amount of loan received by him alone, or jointly or by his dependents from any bank or financial in...... constituency of the Parliamentary election. 24. We are of the view that inclusion of such requirement is intended to have check on public expenditure and to watch and ensure that no public money is unnecessarily expended on such whimsical candidates. It is true that Article 26 of the Or..Category: Constitutional Law | Date: 23 Jan, 2011 | Hits: 11
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: ......eading to this writ petition, in short, are that Islami Bank Bangladesh Ltd., Khulna Branch as plaintiff instituted Artha Rin Suit No.10 of 2004 in the Artha Rin Adalat, Faridpur for recovery of loan amounting to Taka 4,01,55,468.00 (four crore one lac fifty-five thousand four hundred sixty-eight) o...... and in the meantime to postpone issuance of the certificate. 3. The learned Judge allowed him time to 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 t..Category: Banking Law | Date: 20 Jan, 2011 | Hits: 233
Bangladesh Legal Aid and Services Trust Vs. Secretary, Ministry of Education, 2011, 40 CLC (HCD)
....ss idle resolutions, but we shall go from love to love and peace to peace, until at last all the corners of the world are covered with that peace and love for which, consciously or unconsciously, the whole world is hungering. 21. Child being a precious national resource is to be nurtured and atte......duty, inefficiency or corruption or who knowingly does anything detrimental to the interests of the madrasha or is guilty of professional misconduct shall be liable to various punishments. What might amount to professional misconduct is also detailed by the regulation, but imposition of corporal pun......as physical manifestation of corporal punishment is concerned. In the case relating to respondent No.31 a boy aged 10 committed suicide after being caned in school by a teacher for allegedly stealing money. The teacher was suspended temporarily and departmental proceeding was started, which is still..Category: Women and Children | Date: 13 Jan, 2011 | Hits: 248
Ramesh Chandra Adhikari Vs. Bulbuli, 2011, 40 CLC (AD)
....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. ...... society. The vice of the said marriage lies in the receipt of the price by the bride's father or other persons entitled to give away the bride as* a consideration for the bride. If the amount paid or the ornaments given is not the consideration for taking the bride but only given to t......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
.... the contract Bank to Bank L/C was to be opened. But in fact, it was not followed and consequently, the officials of the appellant and the respondent No.5 took advantage of it and misappropriated the whole money; that the respondent Nos.1 and 2 are not responsible for payment of loan money.
4. ......but the prevailing rate of bank interest was taken into consideration for measuring business loss and damages of the plaintiff and court is not prevented from adopting this method for determining the amount of compensation as per the existing bank rate.......(28)
The expression "any o......pondent No.5 did not import the new marine engines as per terms of the contract rather they imported reconditioned engines which are now lying in the godown of the Rupali Bank and misappropriated the money. Thirty five percent of the construction of the body of the vessel had been completed on 14-3-..
Category: Business or Commercial Law, Labour and Industrial Law | Date: 13 Dec, 2010 | Hits: 10
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. ......was taking the premises at a monthly rent of Taka 1,600 payable according to Gregorian Calendar month. Clause 2 of the agreement mentions the payment of an advance of Taka 19,200 out of which an amount of Taka 800 will be deducted every month towards the payment of rent. After the advance has b......that date the defendants obtained an acknowledgement in writing from the said attorney Tamizuddin; that in view of non-acceptance of the rent on 3-1-1995 the defendants remitted the rent by money order on 10-1-1995 and in view of refusal by the landlord to receive the same they deposited t..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. ......e the facts are so preposterous that even on the admitted facts, no case can stand against the accused; (b) Where institution or continuance of criminal proceedings against an accused person may amount to an abuse of the process of the Court or when quashing of the impugned proceedings would se......ty and lease-deed in perpetuity was executed in her favour in due course and she has been indisputably in possession of the property in question. 7. Mr. Md. Asaduzzaman next submits that the bid money to the tune of Taka 2,74,79,850 quoted by the petitioner was higher than the minimum price fix..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: ....... The learned Judge heard the Miscellaneous Case on maintainability and rejected the same by the impugned order dated 10.3.2010 on the ground that the petitioners did not deposit 25% of the decreetal amount according to section 32 (2) of the Artha Rin Ain, 2003 (in short “the Ain, 2003”). 4. ......s held: “In a case like the present one the petitioners are not required to file an application under section 32 of the Artha Rin Adalat Ain and as such they are not required to deposit security money under the said section. Since the application filed by the petitioners under Order 21 Rule 58 ..Category: Banking Law | Date: 11 Nov, 2010 | Hits: 14
Ms. Syeda Rizwana Hasan Vs. Bangladesh and others, 2010, 39 CLC (AD)
....cute the officers responsible. The appeal is dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 9 ADC (2012) 816, 18 BLC (AD) (2013) 54. ......e Act. On a combined reading of sections 38, 40 and 73 shows that an improvement scheme in respect of a particular zone or area is a continuous process and the continuation of such scheme does not amount to violation of any of the provisions of the Act. 34. Annexure-E, is the report of the Min......cute the officers responsible. The appeal is dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 9 ADC (2012) 816, 18 BLC (AD) (2013) 54. ..Category: Environmental Law | Date: 8 Nov, 2010 | Hits: 258
Shanik Chandra Barmon Vs. State and another, 2010, 39 CLC (HCD)
....ccordance with the aforesaid Rules, 2007. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 114 ......yee of the Grameen Bank. During the years 2003-2006, he was 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 m......s 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 ultimately he was dismissed from the service on 8-3-2006. In spite ..Category: Anti-Corruption Laws, Criminal Law | Date: 2 Nov, 2010 | Hits: 5
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