Search Options
Judgment Advanced Search
Displaying 361-380 of 3397 results.
Mohammad Abdus Sabur Vs. Agrani Bank, 2011, 40 CLC (HCD)
....ttempt for sale of the mortgaged property through auction and as such the impugned order issuing warrant of arrest against the petitioner is illegal and without lawful authority. 6. On the other hand Mr. Md. Shafiquel Islam Siddique, learned Advocate appearing for the respondent-bank opposes th...... of issuing the Rule is vacated. Let a copy of the judgment be communicated to the concerned executing Court. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ...... of issuing the Rule is vacated. Let a copy of the judgment be communicated to the concerned executing Court. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..Category: Banking Law | Date: 10 Feb, 2011 | Hits: 192
Promoda Sundari Sen Kalyan Trust Vs. Momtaz Zafar Ahmed and Others, 2011, 40 CLC (HCD)
....in Case No. 638 of 2004. 10. Mr. Abdul Quayum, the learned Advocate further submits that the plaintiff-petitioner is in exclusive physical possession over the suit land and admittedly he did not hand over delivery of possession in favour of the defendant-opposite party Nos.1-3 and, as such, bot......scharged of. Artha Rin Adalat Ain, 2003; Section 32 The party (plaintiff-petitioner) took a wrong way 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 d......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
Sohrab Hossain (Md.) & others Vs. State & another, 2011, 40 CLC (HCD)
....ing but an abuse of the process of the Court and, as such, the same is liable to be quashed. 5. Mr. Md. Sohrowardi, learned Deputy Attorney-General appearing on behalf of the State, on the other hand, submitted that another person as mentioned in section 138 of the Act indicates other than the ...... 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. ...... 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. ..Category: Others | Date: 3 Feb, 2011 | Hits: 4
Aslam Khan Vs. Artha Rin Adalat, Moulvibazar and another, 2011, 40 CLC (HCD)
.... to file an application afresh for exemption of interest and to dispose of the same on merit, beyond the time prescribed in circular dated 24.3.2010, to meet the ends of justice. 6. On the other hand Mr. Mohammad Ali, the learned Advocate appearing for the respondent-bank submits that the execu...... out of Artha Rin Suit No. 3 of 1994). 2. Petitioner’s case, in short, is that Sonali Bank Ltd, Bhairabganj Bazar Branch, Moulvibazar as plaintiff instituted Artha Rin Suit No.3 of 1994 for recovery of loan amounting to Taka 1,25,844/- only. Ultimately the suit was decreed on 11.3.1995 and th...... 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)
....n judgment, which it cannot do. In support, the learned Advocate cited the case of Khorshed Alam Vs. Sub Ordinate Judge, Artha Rin Adalat No.1 and others, reported in 54 DLR 239. 6. On the other hand, Mr. Joynul Abedin, the learned Advocate appearing for added respondent Nos. 5-7, submits that ...... 2. Facts 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 agai......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: ..Category: Banking Law | Date: 2 Feb, 2011 | Hits: 175
Kanin (India)(P) Ltd. Vs. Registrar of Trade Marks, Dhaka and another, 2011, 40 CLC (HCD)
....e further submits that the impugned order accepting the opposition case would prejudice the appellant’s right and interest over the trade mark in future litigation, if any. 5. On the other hand, Mr. Muhammad Ohiullah, the learned Advocate appearing for respondent No.2 (M/S Kangaroo Indust......ase No. 2131 of 2003 which was already infructuous. The learned Advocate further submits that the impugned order accepting the opposition case would prejudice the appellant’s right and interest over the trade mark in future litigation, if any. 5. On the other hand, Mr. Muhammad Ohiullah, ......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. ..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)
....f 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 learned Advocate for the respondent-bank submits ...... and an order of stay on 23-6-2009. 4. The decree holder-bank as respondent No.2 contests the Rule by filing an affidavit-in-opposition. In the said affidavit-in-opposition the bank has not controverted the material facts relating to special limitation for filing a second execution case un......er section 33(5) of the Ain will, however, remain with the bank and may also be disposed of in accordance with law. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 579. ..Category: Banking Law | Date: 29 Jan, 2011 | Hits: 2
Mosharraf Hossain (Md.) and others Vs. Akhtar Hossain, 2011, 40 CLC (HCD)
....applicable on the facts of the case instant case, as such the impugned judgment and decree require interference. 6. Mr. Abdul Quayum, learned Advocate, appearing for the respondent, on the other hand, submits that, entire case having relied on oral gift and also that the letter as has been sent...... the oral gift as genuine and since oral gift requires an affidavit as per present law for its validity and there being several miss statements in the plaint, the plaint should be rejected if it not covered under Order VII Rule 11 but under section 151 of the Code of Civil Procedure. Learned Advocat......e suit No.308 of 2009 expeditiously in accordance with law. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 218...Category: Property Law | Date: 27 Jan, 2011 | Hits: 95
Md.Hasanul Islam Hanif Vs. State, 2011, 40 CLC (HCD)
.... Arms Act. The charge was read over to the petitioner who pleaded not guilty and prayed to face trial in accordance with law. 4. The prosecution examined as many as 11 witnesses and on the other hand, the defence examined none. The case of the defence as it appears from the trend of cross-exami......ce of occurrence, the informant and others arrested the petitioner and carried out a search on his body in presence of local witnesses, namely, Abdul Karim, Md. Mazharul Sikder and Md. Israfil and recovered a revolver along with one round bullet from the right side of the waist of the petitioner. Af......et the lower Court's record with a copy of this judgment and order be sent down to the concerned Court at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 237. ..Category: Evidence Law | Date: 26 Jan, 2011 | Hits: 7
M/S A-Z Knit Wears Ltd. and another Vs. City Bank Ltd. and others, 2011, 40 CLC (HCD)
....l notice upon the petitioners asking for payment against the bounced cheques is illegal, thus respondent Nos.1-2 should be restrained from bringing any action on such legal notice. 6. On the other hand, Ms. Shatika Hossain, the learned Advocate appearing for respondent No.2, at the very outset, s......er. She, however, admits that Bangladesh Bank may initiate any investigation only for the common interest of the depositors, or to bring discipline in banking sector only under instruction of the Government or on its own motion. 7. We have perused the writ petition, supplementary affidavit, th...... 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
....endered nugatory and the Government is not taking adequate measures in this regard.
9. Mr. Motaher Hossain Saju, the learned Deputy Attorney General, appearing for respondent No. 2, on the other hand, submits that some effective steps have already been taken by different Ministries and law enfo......, Monico Mona Tower (1st & 2nd Floor), 48/3, West Agargaon, Shere Bangla Nagar, Dhaka-1207…………………………Petitioner
Vs.
Government of Bangladesh, represented by the Cabinet Secretary of Cabinet Division, Bangladesh Secret......ns to be taken in the light of the directives/guidelines hereinabove.
Md. Imman Ali J. - I agree.
Ed.
This Case is also Reported in: 31 BLD (HCD) (2011) 324, 18 BLC (HCD) (2013) 290.
..
Category: Women and Children | Date: 26 Jan, 2011 | Hits: 246
Mirza Ahsan Habib Vs. Judge, Artha Rin Adalat, Khulna and another, 2011, 40 CLC (HCD)
....y 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 Advocate for the respondent-bank submits that the peti...... and an order of stay on 23.6.2009. 4. The decree holder-bank as respondent No.2 contests the Rule by filing an affidavit-in-opposition. In the said affidavit-in-opposition the bank has not controverted the material facts relating to special limitation for filing a second execution case under t......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: ..Category: Banking Law | Date: 19 Jan, 2011 | Hits: 305
Bangladesh Legal Aid and Services Trust Vs. Secretary, Ministry of Education, 2011, 40 CLC (HCD)
....ine, has been exercised across the world possibly from the first existence of family on earth. Corporal punishment includes hitting (“smacking”, “slapping”, “spanking”) children, with the hand or with an implement - a whip, stick, belt, shoe, wooden spoon, etc. But it can also involve, f......sh Secretariat, Dhaka and others.......................................Respondents Judgment January 13, 2011. Cases Referred to- Bangladesh Legal Aid and Services Trust and others Vs. Government of Bangladesh and others; Parents Forum for Meaningful Education and Another Vs. Union of ......iate through initiating departmental action; 04. Heads of educational institutions will take necessary steps in their own institutions to end the infliction of corporal punishment; 05. School management committees shall take steps in their own institutions to identify the teachers who impose..Category: Women and Children | Date: 13 Jan, 2011 | Hits: 248
State Vs. Alam, 2011, 40 CLC (HCD)
....mned-prisoner Alam, Son of late Kiran @ Keramat Ali has been convicted under section 11 (ka) of the Nari-o-Shishu Nirjatan Daman Act, 2000 ("the Act") attracting a sentence of death as pronounced and handed down by the learned District Judge (In Charge) exercising jurisdiction as the Nari-o-Shishu......ous activity unfazed and undeterred by the assemblage in front of their window. These factors coupled with evidence of suicide as opposed to homicide being the most likely cause of Vanu's death being overlooked by the Tribunal, it is submitted on behalf of the condemned-prisoner, the Tribunal perilo...... Nari-o-Shishu Nirjatan Daman Tribunal, Kushtia immediately. Send down the Lower Court Records. Communicate this Order at once. Ed. This Case is also Reported in: 16 BLC (2011) 816. ..Category: Women and Children | Date: 11 Jan, 2011 | Hits: 176
....isappropriation of Taka 42 lakh by the respondent Nos.6 and 7, the Managing Director and the Director respectively of the respondent No.5 as agents from it's account (5) the importation of second hand engines in place of brand new engines. Whether all these make the respondent No.1 and other res......d discussions and findings we are of the view that the appellant as petitioner in the miscellaneous case by adducing both oral and documentary evidence successfully proved their case for recovery of the present outstanding loan with interest of the
Respondents as on 1-1-1984 amounting......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.
..
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)
....ruzzaman, Mr. KM Masud Rumy, Mr. Pratikar Chakma and Mrs. Mahfuza Begum, the learned Assistant Attorney-Generals appearing on behalf of Respondent No.2 by filing affidavit in opposition, on the other hand, opposes the Rule on several grounds. Firstly, the learned Additional Attorney-General submit......s to file a return. He further submits that Gulshan Club does not come within the purview of section 44(1) so to claim any exemption from paying tax nor any exemption to that effect has been made by Government in official gazette pursuant to section 44(4) of the Income Tax Ordinance. He has also dra......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. ..Category: Fiscal/Taxation Law | Date: 13 Dec, 2010 | Hits: 48
....a, the goods cease to be duty free item. Therefore, it appears from the entire record that even the case of the respondents is not that the said goods have been smuggled into Bangladesh. On the other hand, if the case is taken to be that the importer gave wrong declaration, as to the country of ori&......he petitioner with reliable prima-facie evidence and there being no other claimant, there remains no dispute as to the ownership of the said goods and, as such, the same should be released and handed over to the petitioner immediately. However, if there is any case of wrong declaration on the p......ng days without fail upon receipt of the copy of this judgment. There will be no order as to costs.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 191
..
Category: Fiscal/Taxation Law | Date: 11 Nov, 2010 | Hits: 3
....a, the goods cease to be duty free item. Therefore, it appears from the entire record that even the case of the respondents is not that the said goods have been smuggled into Bangladesh. On the other hand, if the case is taken to be that the importer gave wrong declaration, as to the country of ori&......he petitioner with reliable prima-facie evidence and there being no other claimant, there remains no dispute as to the ownership of the said goods and, as such, the same should be released and handed over to the petitioner immediately. However, if there is any case of wrong declaration on the p......ng days without fail upon receipt of the copy of this judgment. There will be no order as to costs.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 191
..
Category: Fiscal/Taxation Law | Date: 11 Nov, 2010 | Hits: 5
Fatema Begum Vs. The Artha Rin Adalat, Narayangonj and others, 2010, 39 CLC (HCD)
....dalat below to accept the application dated 8.3.2010 filed by the petitioners and to consider the same on merit without requiring the petitioners to deposit any security money.” 10. On the other hand, Mr. M. A. Samad, the learned Counsel appearing with Mr. M. G. H. Ruhullah, the learned Advocat......the extreme north side. But as the petitioner’s land is developed one in comparison to the land of the auction purchaser, he has already broken the fence around the land in order to take possession over the land in question. Since the land was never partitioned and demarcated, she instituted Title...... 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: ..Category: Banking Law | Date: 11 Nov, 2010 | Hits: 14
Redwan Ahmed Vs. Bangladesh, 2010, 39 CLC (HCD)
.... the same should be declared illegal and without lawful authority and is of no legal effect. He submits that the petitioner is a former Member of Parliament elected from the Constituency No.253 Chandina (Comilla-6) for two consecutive terms and a former Minister of State, Ministry of Liberation........Petitioner Vs. Bangladesh..............Respondents Judgment October 25, 2010. Result: The Rule is discharged. Cases Referred to- Md. Nazimuddin Chairman Vs. Government of Bangladesh, 61 DLR 2009 81; 21 BLD (AD) 10; ACC Vs. Mohiuddin Khan Alamgir, 62 DLR (AD)......il already granted to him by this Division. The order of stay granted earlier by this Court is hereby vacated and recalled. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 70. ..Category: Anti-Corruption Laws | Date: 25 Oct, 2010 | Hits: 211
48729697880048784873487096227110880652914739487453035416904784219407940656477806