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Nazim Uddin Vs. Bangladesh and others, 2011, 40 CLC (HCD)

.... J.- This Rule Nisi, at the instance of a third party mortgagor, was issued calling in question an auction notice under section 12 of the Artha Rin Adalat Ain, 2003 published in the Daily Prothom Alo dated 3.8.2010. 2. Facts relevant for disposal of the Rule are that a private company named Zar......of the above, the Rule is discharged. The order of stay passed 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: 9 Feb, 2011 | Hits: 162

Sohrab Hossain (Md.) & others Vs. State & another, 2011, 40 CLC (HCD)

.... authority accused-petitioner No.1 applied to the complainant bank (hereinafter referred to as the bank) for loan and accordingly, the bank gave loan to the company vide sanction letter No.13 of 2004 dated 22-3-2001. The accused in order to repay the arrear loan gave a cheque being No. 000100 dated ...... 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

Md. Nasurullah alias Nasu Vs. Artha Rin Adalat No. 4, Dhaka and others, 2011, 40 CLC (HCD)

....e 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 order dated 7.8.2007 passed therein rejecting an application for release of the auctioned property on paym......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)

....ocate-For the Respondent. Trade Mark Appeal No.6 of 2006. Judgment Md. Ruhul Quddus J. - This Trade Mark Appeal under section 76 of the Trade Marks Act, 1940 is directed against order dated 12.7.2005 passed by the Registrar of Trade Marks, Dhaka that was communicated by letter dated ......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)

....Respondent. Writ Petition No.4236 of 2009. Judgment Md. Ruhul Quddus J.—This Rule, at the instance of a judgment-debtor in a mortgage decree, was issued calling in question order dated 12-11-2007 passed by the Judge, Artha Rin Adalat, Khulna in Artha Rin Execution Case No.319 of......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)

.... with MM Nuruzzaman, Advocate - For the Respondent. First Appeal No. 303 of 2010. Judgment Sharif Uddin Chaklader J.- This appeal by the plaintiff directed against judgment and decree dated 19-7-2010 passed by the learned Joint District Judge, 1st Court, Dhaka rejecting the plaint of......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)

.... Islam Talukder J.- This Rule was issued on an application under section 561A of the Code of Criminal Procedure calling upon the Opposite-party to show cause as to why the impugned judgment and order date 6-5-2009 passed by the learned Metropolitan Special Tribunal No.7, Dhaka in Metropolitan Specia.......11(5) 2004 under sections 304/34 of the Penal Code was staying at his present address at 5/4 West Bhashantek. On getting aforesaid information, the infor­mant and others started for the place of occurrence and reached there at about 22-10 hours. Reaching the place of occurrence, the informant a..

Category: Evidence Law | Date: 26 Jan, 2011 | Hits: 7

Bangladesh National Women Lawyers Association (BNWLA) Vs. Government of Bangladesh, 2011, 40 CLC (HCD)

....h Samarendra Nath Biswash, Assistant Attorney General-For the respondent No.2. Writ Petition No. 8769 of 2010. Background: Sheikh Hassan Arif J.- 1. During a period from 2009 till date, this country has faced (and is still facing) a new social menace which has become widely known......ee will time to time (at least once in a month) organize and hold a “Meet the People” session to be attended by the press and women and children rights activists and update them about the occurrences/ incidences of sexual harassment in the concerned district and the steps taken to punish..

Category: Women and Children | Date: 26 Jan, 2011 | Hits: 246

Mahbub Ahmed Chowdhury Vs. Chief Election Commissioner and others, 2011, 40 CLC (AD)

....f any law enacted by Parliament subject to the provisions of the Constitution which means it may do so relating to subjects within its legislative competence..................(13) It is the mandate of the Constitution under Article 135 that Parliament cannot enact any law which empowers an a......judgment and order passed by the High Court Division. Accordingly, the Civil Petition for Leave to Appeal is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 283. ..

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)

....rit Petition No. 8197 of 2010 Judgment Md. Ruhul Quddus J.- This Rule Nisi, at the instance of a legal heir of a judgment debtor in a mortgage decree, was issued calling in question orders dated 1.7.2009 and 6.9.2009 passed by the Artha Rin Adalat, Faridpur in Artha Rin Execution Case No.......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: ..

Category: Banking Law | Date: 20 Jan, 2011 | Hits: 233

Mirza Ahsan Habib Vs. Judge, Artha Rin Adalat, Khulna and another, 2011, 40 CLC (HCD)

....e Respondent. Writ Petition No. 4236 of 2009. Judgment Md. Ruhul Quddus J. - This Rule, at the instance of a judgment-debtor in a mortgage decree, was issued calling in question order dated 12.11.2007 passed by the Judge, Artha Rin Adalat, Khulna in Artha Rin Execution Case No.319 of......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

StateVs. Noor Islam and others, 2011, 40 CLC (HCD)

....or a week. Thereafter, on 31.10.2002 at 4-30 P.M. the accused Noor Islam got into a bus with the victim Shilpi Khatun from Jhoudanga Bus-stand for going to his own village of Nilkantha Nagar. On that-date, at about 6-30 P.M., the accused Noor Islam got down from the bus at Gadkhali Bus-stand with th......ase the victim, Shilpi Khatun was gang-raped and then brutally done to death by all the condemned-prisoners alongwith the absconding accused Aaizel @ Aazu @ Azizul Haque @ Azizur and that the alleged occurrence took place at the instance of condemned-prisoner, Noor Islam, husband of the victim, Shil..

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)

....ation Boards under the Ministry of Education to monitor imposition of corporal punishment when inspecting the educational institutions and to submit a report with regard to it. 5. By an affidavit dated 18.08.2010 respondent No.1 supplied to this Court a copy of the aforementioned circular and al......ugh Bangladesh Television and Bangladesh Betar on corporal punishment as a crime; d) to conduct regular inspection and monitoring of all educational institutions in particular with respect to the occurrence of any incidents of corporal punishment of children. 3. Pending hearing of the Rule, t..

Category: Women and Children | Date: 13 Jan, 2011 | Hits: 248

State Vs. Alam, 2011, 40 CLC (HCD)

....ed the two accused to hurriedly grab Vanu's jewellery and other belongings and flee the scene of the crime. The investi­gation into the case led to the submission of the Charge Sheet being CS No. 66 dated 22-2-2003 under sections 11 (ka)/30 of the Act against three accused persons being the condemn...... the body up on to the beam or of the identity of individuals who may brought down that suspended body and later placed it in the verandah. The condem­ned-prisoner's absconsion immediately after the occurrence, in the Tribunal's view further fortified the prosecution case in that he was found wanti..

Category: Women and Children | Date: 11 Jan, 2011 | Hits: 176

Bangladesh Shilpa Rin Sangstha (BS-RS) Vs. She Shipping Judgment Lines Limited and others, 2010, 39 CLC (AD)

.... Aftab Hossain, Advocate-on-Record—For the Respondent No. 2. None Represented—For the Respondent Nos. 1 & 3-7. Civil Appeal No. 237 of 2002 (From the judgment and order dated 4-6-2000 passed by the High Division in PMA No.95 of 1990) Judgment Md. Muzammel Hos......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)

....2 by filing affidavit in opposition, on the other hand, opposes the Rule on several grounds. Firstly, the learned Additional Attorney-General sub­mits that imposition of tax is a constitutional man­date expressly designed in Article 83 of the Constitution which has no ambiguity whatsoever. Article......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

Monir Hossain Md. (Moni) and another Vs. Md. Yousuf and others, 2010, 39 CLC (AD)

.... Md. Aftab Hossain, Advocate-on-Record—For the Respondent Nos.2 & 3. None Represented—For the Respondent No.1. Civil Appeal No.271 of 2002. (From the judgment and order dated 20.08.2000 passed by the High Court Division in Civil Revision No.2948 of 1999). Judgment......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. ..

Category: Property Law, Tenancy Law | Date: 8 Dec, 2010 | Hits: 12

Nazrul Islam Talukder (Md.)Vs. Bangladesh & another, 2010, 39 CLC (HCD)

....) of the Muslim Marriages and Divorces (Registration) Rules, 1975 issued by the Senior Assistant Secretary Ministry of Law, Justice and Parlia­mentary Affairs being Memo No.96-Bichar-7/2N-12/2002 dated 27 January, 2004. In pursuant to the said approval respondent No.2, the District Registrar, Dh......utiny it is found that the petitioner does not have requisite qualification for being licenced as a Nikah Registrar. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 87.   ..

Category: Family Law | Date: 6 Dec, 2010 | Hits: 9

Ms. Syeda Rizwana Hasan Vs. Bangladesh and others, 2010, 39 CLC (AD)

.... instructed by Md. Zahirul Islam, Advocate-on-Record—For Respondent Nos.5-7 (as added respon­dent). Ex-prate-For Respondent No.3. Civil Appeal No.200 of 2004. (From the judgment and order dated 17.2.2004 passed by the High Court Division in Writ Petition No.948 of 1997.) Judgment S......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

Redwan Ahmed Vs. Bangladesh, 2010, 39 CLC (HCD)

....itioner 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 15-2-2007 filed under section 409 of the Penal Code 1860, in respect of an offence allegedly c......shi-ganj, lodged a First Information Report with the Officer-in-Charge of Ramna Police Station, Dhaka Metropolitan Police, Dhaka on 15-2-2007 against the petitioner and two others showing the date of occurrence on 19-6-2002 alleging inter alia that the 4% of the amount received against lease money o..

Category: Anti-Corruption Laws | Date: 25 Oct, 2010 | Hits: 211