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SM Deen Islam Vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)
....issue a fresh order in strict compliance of law, if so desires. There will be no order as to costs. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 34. ......issue a fresh order in strict compliance of law, if so desires. There will be no order as to costs. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 34. ......; initiated for removal of a Chairman or the Members for the offence as described in section 34(4) of the Ain; b) where police report in connection with a criminal case has been accepted by the Adalat concerned; or c) where the Adalat has taken cognizance of the offence; and that in the opinio......; Government of Bangladesh and others..........Respondents Judgment March, 2014. Result: Both the Rules are..Category: Administrative Law, Constitutional Law | Date: 4 Mar, 2014 | Hits: 5
Moklesur Rahman (Md.) and another Vs. Government of Bangladesh and others, 2014, CLC (AD)
....leave petition are that the present petitioners (hereinafter referred to as the writ-petitioners) filed the writ petition before the High Court Division impugning the order dated 14-1 -2010 passed by Artha Rin Adalat No.1, Dhaka in Artha Rin Execution Case No.560 of 2004 rejecting the application fi......petition are that the present petitioners (hereinafter referred to as the writ-petitioners) filed the writ petition before the High Court Division impugning the order dated 14-1 -2010 passed by Artha Rin Adalat No.1, Dhaka in Artha Rin Execution Case No.560 of 2004 rejecting the application filed by......tion are that the present petitioners (hereinafter referred to as the writ-petitioners) filed the writ petition before the High Court Division impugning the order dated 14-1 -2010 passed by Artha Rin Adalat No.1, Dhaka in Artha Rin Execution Case No.560 of 2004 rejecting the application filed by the......ourt Appellate Division (Civil) Present: Md. Muzammel Hossain CJ Md. Abdul Wahhab Miah J Hasan Foez Siddique J AHM Shamsuddin Chowdhury J Moklesur Rahman (Md.) and another....................Petitioners Vs. Government of Bangladesh and others.....Category: Others | Date: 24 Feb, 2014 | Hits: 15
....rit Petition No.2488 of 2010 discharging the Rule.
2. The petitioners herein filed the writ petition before the High Court Division calling in question order No.14 dated 16-2-2010 passed by Artha Rin Adalat No.1, Chittagong in Artha Rin Execution Case No.118 of 2009 rejecting an applicatio......tition No.2488 of 2010 discharging the Rule.
2. The petitioners herein filed the writ petition before the High Court Division calling in question order No.14 dated 16-2-2010 passed by Artha Rin Adalat No.1, Chittagong in Artha Rin Execution Case No.118 of 2009 rejecting an application file......on No.2488 of 2010 discharging the Rule.
2. The petitioners herein filed the writ petition before the High Court Division calling in question order No.14 dated 16-2-2010 passed by Artha Rin Adalat No.1, Chittagong in Artha Rin Execution Case No.118 of 2009 rejecting an application filed by......Present:
Md. Muzammel Hossain CJ
Md. Abdul Wahhab Miah J
Hasan Foez Siddique J
AHM Shamsuddin Chowdhury J
Gias Uddin Chowdhury (Md.) and others........................Petitioners
Vs.
Bangladesh, represented by the..
Category: Civil Law, Others | Date: 17 Feb, 2014 | Hits: 9
Sukur Mahmood and others Vs. State, 2014, 43 CLC (AD)
....d other documentary evidence do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 167. ......d other documentary evidence do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 167. ......oners under section 8(1) of the Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995. 5. The case record was transmitted to the Court of the learned Judge, Nari-o-Shishu Nirjatan Daman Bishesh Adalat No.3, Tangail for trial where it was registered as Nari-o-Shishu Nirjatan Daman Case No.150 o......sain J Md. Imman Ali J Md. Anwarul Haque J Sukur Mahmood and others.......................Petitioners Vs. State......................................Category: Women and Children | Date: 13 Feb, 2014 | Hits: 21
Selim Hossain (Md.) Vs. Shahabuddin Ahmed and others, 2014, 43 CLC (AD)
....nafter referred to as the writ-petitioner) filed the writ petition before the High Court Division calling in question the propriety of order No. 99 dated 11-1-2009 passed by the Joint District Judge, Artha Rin Adalat, Narayangonj in Mortgage Execution Case No.59 of 1994 rejecting the application fil...... referred to as the writ-petitioner) filed the writ petition before the High Court Division calling in question the propriety of order No. 99 dated 11-1-2009 passed by the Joint District Judge, Artha Rin Adalat, Narayangonj in Mortgage Execution Case No.59 of 1994 rejecting the application filed und......erred to as the writ-petitioner) filed the writ petition before the High Court Division calling in question the propriety of order No. 99 dated 11-1-2009 passed by the Joint District Judge, Artha Rin Adalat, Narayangonj in Mortgage Execution Case No.59 of 1994 rejecting the application filed under s......e J AHM Shamsuddin Choudhury J Selim Hossain (Md.)...………………..............Petitioner Vs. Shahabuddin Ahmed and others .............Respondents Judgment &nb..Category: Civil Law | Date: 3 Feb, 2014 | Hits: 6
Shafique Ahmed Vs. Md. Abdul Latif Bhuiyan, 2014, 43 CLC (HCD)
....he Code of Civil Procedure, 1908, a Rule was issued calling upon the opposite-party to show cause as to why the judgment and decree dated 20-3-2011 passed by the Joint District Judge and Judge of the Artha Rin Adalat, Narayanganj in Title Appeal No. 224 of 2010 affirming the judgment and decree date......e of Civil Procedure, 1908, a Rule was issued calling upon the opposite-party to show cause as to why the judgment and decree dated 20-3-2011 passed by the Joint District Judge and Judge of the Artha Rin Adalat, Narayanganj in Title Appeal No. 224 of 2010 affirming the judgment and decree dated 30-9...... Civil Procedure, 1908, a Rule was issued calling upon the opposite-party to show cause as to why the judgment and decree dated 20-3-2011 passed by the Joint District Judge and Judge of the Artha Rin Adalat, Narayanganj in Title Appeal No. 224 of 2010 affirming the judgment and decree dated 30-9-201...... Rule is made absolute. Small Causes Court Act (IX of 1887); Section 15(2) (3) Jurisdiction of Small Causes Court— Subject to the exceptions specified in the second schedule and to the provisions of any enactment for the time being in force, all suits of a civil nature..Category: Civil Law, Others | Date: 30 Jan, 2014 | Hits: 4
Sheikh Md. Rafiqul Islam (Babul) Vs. Manager, Uttara Bank Limited and others, 2013, 42 CLC (HCD)
....(Babul)....................Petitioner Vs. Manager, Uttara Bank Limited and others..........Respondents Judgment November 20, 2013 Result: The Rule is made absolute. Artha Rin Adalat can only be constituted by Joint District Judge alone. According to section 4......)....................Petitioner Vs. Manager, Uttara Bank Limited and others..........Respondents Judgment November 20, 2013 Result: The Rule is made absolute. Artha Rin Adalat can only be constituted by Joint District Judge alone. According to section 4, sub-.......................Petitioner Vs. Manager, Uttara Bank Limited and others..........Respondents Judgment November 20, 2013 Result: The Rule is made absolute. Artha Rin Adalat can only be constituted by Joint District Judge alone. According to section 4, sub-sec&......iginal Jurisdiction) Present: Md. Ashfaqul Islam J Md. Ashraful Kamal J Sheikh Md. Rafiqul Islam (Babul)....................Petitioner Vs. Manager, Uttara Bank Limited and others..........Respondents Judgment November 20, 2013 Result: The Rule is m..Category: Administrative Law, Banking Law | Date: 20 Nov, 2013 | Hits: 6
....angladesh this Rule has been issued at the instance of the petitioner calling upon the respondents to show cause as to why the auction notice published by the respondents under section 12 of the Artha Rin Adalat Ain, 2003, in the 'daily Ghaghat', Gaibandha dated 13-11-2008 (Annexure-&qu......shy;desh this Rule has been issued at the instance of the petitioner calling upon the respondents to show cause as to why the auction notice published by the respondents under section 12 of the Artha Rin Adalat Ain, 2003, in the 'daily Ghaghat', Gaibandha dated 13-11-2008 (Annexure-"A&#......desh this Rule has been issued at the instance of the petitioner calling upon the respondents to show cause as to why the auction notice published by the respondents under section 12 of the Artha Rin Adalat Ain, 2003, in the 'daily Ghaghat', Gaibandha dated 13-11-2008 (Annexure-"A')......tion)
Present:
Syed Refaat Ahmed J
Mahmudul Hoque J
Proshanta Kumar Sarkar....................Petitioner
Vs.
Managing Director, Agrani Bank Ltd Head Office and others..........Respondents
Judgment
October 8th, 2013.
Result..
Category: Others, Procedural Law | Date: 8 Oct, 2013 | Hits: 8
State Vs. Mostafizur Rahman and another, 2013, 42 CLC (AD)
....and findings given by Mohammad Anwarul Haque, J. Court's Order The appeal is dismissed by majority decisions. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 218. ......and findings given by Mohammad Anwarul Haque, J. Court's Order The appeal is dismissed by majority decisions. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 218. ......wever, I shall reproduce facts of the case relevant for the purpose of my opinion. 6. Accused Mostafizur Rahman and Aleya Begum were charged and tried by the Nari-o-Shishu Nirjaton Daman Bishesh Adalat, Rajbari in Nari-o-Shishu Nirjaton Daman Case No. 13 of 1996 for offences under sections 6 (1...... Siddique J State……………………………………………Appellant Vs. Mostafizur Rahman and another...........Respondents Judgment September 18, 2013 Result: The appeal..Category: Criminal Law, Women and Children | Date: 18 Sep, 2013 | Hits: 7
....on
(Special Original Jurisdiction)
Present:
Md. Ashfaqul Islam J
Md. Ashraful Kamal J
Bangladesh Development Bank Limited...................Petitioner
Vs.
Judge, Artha Rin Adalat, Jessore and others..............Respondents
Judgment
July 24, 2013.
......
(Special Original Jurisdiction)
Present:
Md. Ashfaqul Islam J
Md. Ashraful Kamal J
Bangladesh Development Bank Limited...................Petitioner
Vs.
Judge, Artha Rin Adalat, Jessore and others..............Respondents
Judgment
July 24, 2013.
Resul......Special Original Jurisdiction)
Present:
Md. Ashfaqul Islam J
Md. Ashraful Kamal J
Bangladesh Development Bank Limited...................Petitioner
Vs.
Judge, Artha Rin Adalat, Jessore and others..............Respondents
Judgment
July 24, 2013.
Result:
...... Jurisdiction)
Present:
Md. Ashfaqul Islam J
Md. Ashraful Kamal J
Bangladesh Development Bank Limited...................Petitioner
Vs.
Judge, Artha Rin Adalat, Jessore and others..............Respondents
Judgment
July 24, 2013.
Result:
The Rule is ..
Category: Banking Law | Date: 24 Jul, 2013 | Hits: 10
A.B.M. Liton Vs. Bangladesh & Others, 2013, 42 CLC (HCD)
....3 Writ Petition No.12766 of 2012 Judgment Sheikh Hassan Arif J.- The Rule was issued calling upon the respondent to show cause as to why the impugned Order dated 1-8-2012 passed by the Artha Rin Adalat No-3, Dhaka (respondent No. 4) in Artha Jari Case No. 86 of 2012, arising out of Ar...... Writ Petition No.12766 of 2012 Judgment Sheikh Hassan Arif J.- The Rule was issued calling upon the respondent to show cause as to why the impugned Order dated 1-8-2012 passed by the Artha Rin Adalat No-3, Dhaka (respondent No. 4) in Artha Jari Case No. 86 of 2012, arising out of Artha Ri......p;………………….Respondents Judgment June 3, 2013 Result: The Rule is made absolute. Refusal of Bail not Sustained-- Since the Adalat as well as the Bank proceeded against the body of all the defendants including the petitioner......e. Refusal of Bail not Sustained-- Since the Adalat as well as the Bank proceeded against the body of all the defendants including the petitioner before proceeding against their properties, and since the Bank and the Adalat proceeded against the petitioner before exhausting all the process..Category: Banking Law | Date: 3 Jun, 2013 | Hits: 5
ABSCO Limited Vs. Artha Rin Adalat No.2, Dhaka & another, 2013, 42 CLC (HCD)
....nt: Syed Refaat Ahmed J Mahmudul Haque J ABSCO Limited……………………………................Petitioners Vs. Artha Rin Adalat No.2, Dhaka & another..................Respondents Judgment May 15, 2...... Syed Refaat Ahmed J Mahmudul Haque J ABSCO Limited……………………………................Petitioners Vs. Artha Rin Adalat No.2, Dhaka & another..................Respondents Judgment May 15, 2013. ......yed Refaat Ahmed J Mahmudul Haque J ABSCO Limited……………………………................Petitioners Vs. Artha Rin Adalat No.2, Dhaka & another..................Respondents Judgment May 15, 2013. ......dalat No.2, Dhaka & another..................Respondents Judgment May 15, 2013. Result: Both the rules are discharged. Artha Rin Adalat Ain (VIII of 2003); Sections 10(1) and 19(2) Section 10 of the Ain, 2003 does not provide any provisions for filing applications a..Category: Corporate Law, Others | Date: 15 May, 2013 | Hits: 8
JIT Knit Composite Ltd Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
....the time of issuing Rule no ad-interim order was passed by the this Division. Now Mr. Bashir Ahmed the learned Counsel appearing for the petitioner by filling an application brings to our notice that Artha Jari Case No.46 of 2012 has already been started and pending before the 4th Artha Rin Adalat, ......shir Ahmed the learned Counsel appearing for the petitioner by filling an application brings to our notice that Artha Jari Case No.46 of 2012 has already been started and pending before the 4th Artha Rin Adalat, Dhaka. Therefore, he submits that under the circumstances an order of stay should be pas...... Ahmed the learned Counsel appearing for the petitioner by filling an application brings to our notice that Artha Jari Case No.46 of 2012 has already been started and pending before the 4th Artha Rin Adalat, Dhaka. Therefore, he submits that under the circumstances an order of stay should be passed ......he Rule is made absolute. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 480. ..Category: Banking Law, Company Law | Date: 25 Apr, 2013 | Hits: 11
Abdul Mukid (Md.) Vs.. Artha Rin Adalat Khulna and another, 2013, 42 CLC (HCD)
.... High Court Division (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Sheikh Hasan Arif J Abdul Mukid (Md.)...........................Petitioner Vs. Artha Rin Adalat Khulna and another................Respondents Judgment April 21, 2...... Court Division (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Sheikh Hasan Arif J Abdul Mukid (Md.)...........................Petitioner Vs. Artha Rin Adalat Khulna and another................Respondents Judgment April 21, 2013 ......rt Division (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Sheikh Hasan Arif J Abdul Mukid (Md.)...........................Petitioner Vs. Artha Rin Adalat Khulna and another................Respondents Judgment April 21, 2013 R...... (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Sheikh Hasan Arif J Abdul Mukid (Md.)...........................Petitioner Vs. Artha Rin Adalat Khulna and another................Respondents Judgment April 21, 2013 Result: Th..Category: Corporate Law | Date: 21 Apr, 2013 | Hits: 4
Iftekharul Karim (Md.) Vs. State, 2013, 42 CLC (HCD)
....etropolitan Sessions Judge, Dhaka, and learned Special Judge, 3rd Court, Dhaka. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 211. ......etropolitan Sessions Judge, Dhaka, and learned Special Judge, 3rd Court, Dhaka. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 211. ......2-5-2011 took cognizance of the case against the accused-petitioner under sections 8/9/13 of the Santrash Birodhi Ain, 2009. 6. Eventually, the case was transferred to the Court of Special Judge Adalat No.3, Dhaka and the same has been re-numbered as Special Sessions Case No. 188 of 2011. ......t: The Rule is disposed of. Cases Referred to- Sayed Ahmed Vs. the State, 10 DLR (SC) 12; State of Goa Vs. Babu Thomas, (2005) 8 SCC 130; Baij Nath Prashad Tripathi Vs. State of Bhopal and Sudhakar Dube Vs. State of Bhopal PLD 1957 Supreme Court (India) 406. Lawyers Involved: ..Category: Criminal Law | Date: 4 Apr, 2013 | Hits: 4
....ourt Division
(Special Original Jurisdiction)
Present:
Md. Anwarul Haque J
Md. Badrzzaman J
Sayeda Kamrun Jahan Chowdhury.....................Petitioner
Vs.
Judge, Artha Rin Adalat No.1, Court Hill, Police Station-Kotwali, District-Chittaong and others..................ivision
(Special Original Jurisdiction)
Present:
Md. Anwarul Haque J
Md. Badrzzaman J
Sayeda Kamrun Jahan Chowdhury.....................Petitioner
Vs.
Judge, Artha Rin Adalat No.1, Court Hill, Police Station-Kotwali, District-Chittaong and others................Re......ion
(Special Original Jurisdiction)
Present:
Md. Anwarul Haque J
Md. Badrzzaman J
Sayeda Kamrun Jahan Chowdhury.....................Petitioner
Vs.
Judge, Artha Rin Adalat No.1, Court Hill, Police Station-Kotwali, District-Chittaong and others................Respon......rul Haque J
Md. Badrzzaman J
Sayeda Kamrun Jahan Chowdhury.....................Petitioner
Vs.
Judge, Artha Rin Adalat No.1, Court Hill, Police Station-Kotwali, District-Chittaong and others................Respondents
Judgment
February 26, 2013.
Result..
Category: Civil Law, Procedural Law | Date: 26 Feb, 2013 | Hits: 3
Abul Khair Chandu Vs. State and another, 2013, 42 CLC (HCD)
....e Bank and he had regular transaction with the bank in the matter of taking loan and repaying the same. Due to default in making repayment of loan, the complainant-opposite-party also instituted Artha Rin Case No. 3 of 2005, which was decreed on 5-3-2007, and the Decree Execution Case No.24 of ...... and he had regular transaction with the bank in the matter of taking loan and repaying the same. Due to default in making repayment of loan, the complainant-opposite-party also instituted Artha Rin Case No. 3 of 2005, which was decreed on 5-3-2007, and the Decree Execution Case No.24 of 2007 i......ion 420 of the Penal Code, if so advised. 12. The learned Advocate for the accused-petitioner has strenuously argued that the complainant bank already instituted Money Suit in the Artha Rin Adalat and obtained decree, which is pending for execution. Therefore, the impugned criminal pr...... ..Category: Banking Law, Criminal Law | Date: 7 Jan, 2013 | Hits: 2
TLRA Holding Ltd Vs. Customs, Excise and VAT Appellate Tribunal & others, 2012, 41 CLC (HCD)
....ioner and the action is very much in compliance with the provision as mentioned and suffer from no illegally. On that score this Rule should be discharged being devoid of any substance by the learned Artha Rin Adalat as he submits. 8. Be that as it may, we have heard the learned Counsel of both......and the action is very much in compliance with the provision as mentioned and suffer from no illegally. On that score this Rule should be discharged being devoid of any substance by the learned Artha Rin Adalat as he submits. 8. Be that as it may, we have heard the learned Counsel of both sides......the action is very much in compliance with the provision as mentioned and suffer from no illegally. On that score this Rule should be discharged being devoid of any substance by the learned Artha Rin Adalat as he submits. 8. Be that as it may, we have heard the learned Counsel of both sides and......) Present: Md. Ashfaqul Islam J Md. Badruzzaman J TLRA Holding Ltd………………………Petitioner Vs. Customs, Excise and VAT Appellate Tribunal & others.............Respondents Judgment December 10, 2012..Category: Fiscal/Taxation Law | Date: 10 Dec, 2012 | Hits: 6
Muzibul Haque (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....ted 31-3-2010 (Annexure-A) issued by the respondent Bank regarding the auction sale of the mortgaged property of the petitioner without giving him any prior notice or without any decree from the Artha Rin Adalat. At this stage the petitioner moved this Division and obtained the present Rul......-3-2010 (Annexure-A) issued by the respondent Bank regarding the auction sale of the mortgaged property of the petitioner without giving him any prior notice or without any decree from the Artha Rin Adalat. At this stage the petitioner moved this Division and obtained the present Rule and ......010 (Annexure-A) issued by the respondent Bank regarding the auction sale of the mortgaged property of the petitioner without giving him any prior notice or without any decree from the Artha Rin Adalat. At this stage the petitioner moved this Division and obtained the present Rule and stay......rt Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Md. Badruzzaman J Muzibul Haque (Md.)..........................Petitioner Vs. Bangladesh and others.................Respondents Judgment December 6, 2012. Result: The R..Category: Banking Law | Date: 6 Dec, 2012 | Hits: 3
Nur Hossain alias Ladu Vs. State, 2012, 41 CLC (HCD)
.... Affairs, Government of Bangladesh and Registrar, Supreme Court of Bangladesh at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 474. ...... Affairs, Government of Bangladesh and Registrar, Supreme Court of Bangladesh at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 474. ...... Case No.414 of 2005 arising out of Tejgaon Police Station Case No.41 dated 11-11-2002 under Sections 395/397 of the Penal Code, now pending in the Court of Special Sessions Judge and Poribesh Appeal Adalat, Dhaka should not be transferred to any other competent Court and/or pass such other or furth......ce with law to ensure the presence of the Magistrate in order to examine him now he has taken the plea that examination of the said Magistrate is necessary………(9) Explanation and assertion by the learned Judge is not only surprising; but it also shows the inefficiency and in..Category: Criminal Law | Date: 2 Dec, 2012 | Hits: 3
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