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Promoda Sundari Sen Kalyan Trust Vs. Momtaz Zafar Ahmed and Others, 2011, 40 CLC (HCD)
....llip;………………..Respondent Judgment February 9, 2011 Result: The Rule is discharged of. Artha Rin Adalat Ain, 2003; Section 32 The party (plaintiff-petitioner) took a wrong way to ventilate his grievances, other than the recourse p......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 ......he same; that Shankar Basu established Monikrishna Sen Decree College and after the death of Shankar Basu the suit land came under Monikrishna Sen Trust; that one NGO namely Grameen Samaj Kendra took loan from the Agrani Bank, Tejgaon Industrial Area Branch, Dhaka mortgaging the schedule property as..Category: Banking Law | Date: 9 Feb, 2011 | Hits: 2
Nazim Uddin Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....an Jahangir, Advocate-For the Petitioner Not represented- the respondents. Writ petition No. 6773 of 2010. Judgment Md. Ruhul Quddus 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 ......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: ......relevant for disposal of the Rule are that a private company named Zarin Design Ltd. availed credit facilities from Southeast Bank Ltd., Uttara Branch (herein respondent No.2). In order to secure the loan, the borrower-company hypothecated its stocks and machineries, and the petitioner mortgaged his..Category: Banking Law | Date: 9 Feb, 2011 | Hits: 162
Shah Alam (Md.) Vs. State and another, 2011, 40 CLC (HCD)
....nal Miscellaneous Case No. 5391 of 2010. Judgment Khondker Musa Khaled J.- On an application under section 561A of the Code of Criminal Procedure, this Rule was issued calling upon the opposite-parties to show cause as to why the proÂceedings of the Sessions Case No.1327 of 2009 arising out o......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 favour of the complainant for repayment of the loan. When it was presented for encashment at last on 5-2-2009, it was dishonoured fo...... the accused-petitioner Mohammad Shah Alam under section 138 of the Negotiable 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..Category: Banking Law | Date: 6 Feb, 2011 | Hits: 361
Sohrab Hossain (Md.) & others Vs. State & another, 2011, 40 CLC (HCD)
....Hossain-al-Amin, Advocate—For the Opposite-Party No.2. Criminal Miscellaneous Case No.5422 of 2010. Judgment Md. A Wahhab Miah J. - This Rule was issued calling upon the opposite-parties to show cause as to why the impugned proceedings of CR Case No.4137 of 2009 under secti......for insufficient 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 th......a private Limited company named Mikado products private Ltd who in a board meeting of the company held on 30-11-2003 authorized accused-petitioner No.1 to do all acts on behalf of the company to take loan from the complainant bank. On the basis of the said authority accused-petitioner No.1 applied t..Category: Others | Date: 3 Feb, 2011 | Hits: 4
Aslam Khan Vs. Artha Rin Adalat, Moulvibazar and another, 2011, 40 CLC (HCD)
....Because of his illness and unbearable hardship he could not adjust the remaining loan. Meanwhile the Head Office of Sonali Bank Ltd. adopted a policy to exempt interest to the defaulting borrowers of particular categories and communicated its decision to all concerned by a circular dated 24.3.2010. ...... 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: ......ing 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 1994). ..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)
....or recovery of loan amounting to Taka 6,69,706/- (six lac sixty-nine thousand seven hundred six) only against the petitioner’s parents Taimur Ali and Nasira Bibi. The suit was ultimately decreed ex parte on 22.3.2005 (decree signed on 29.3.2005) giving 60 (sixty) days time to the judgment debtors ......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 payment of the decretal money. 2. Facts leading to this writ petition, in short, are that the I......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 against the p..Category: Banking Law | Date: 2 Feb, 2011 | Hits: 175
Mirza Ahsan Habib Vs. The Judge, Artha Rin Adalat and another, 2011, 40 CLC (HCD)
.... of loan amounting to Taka 10,43,454.18 (Taka ten lac forty three thousand four hundred fifty-four and Paisa eighteen) only against the petitioner and three others. Ultimately the suit was decreed ex parte on 26-5-2004 and the decree holder-bank put the decree in execution by filing Execution Case N......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. ......39;s case in short is that the Agrani Bank, Baikali Branch, Khulna (herein respondent No.2) as plaintiff instituted Artha Rin Suit No.55 of 2004 before the Artha Rin Adalat, Khulna for realization of loan amounting to Taka 10,43,454.18 (Taka ten lac forty three thousand four hundred fifty-four and P..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)
.... 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: ......fore the Joint District Judge, 3rd Court, Dhaka against the bank. While the suit was pending for disposal, the Creditor-bank served a legal notice upon the petitioner-company on 12.12.2009 asking for payment of its outstanding dues amounting to taka 3, 64, 53, 434, 59/-. Later on the bank published ......f a legal 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..Category: Banking Law | Date: 26 Jan, 2011 | Hits: 185
....eneral of Police (IGP) is hereby directed to take immediate steps to apprehend all stalkers/eve-teasers who physically, psychologically, emotionally or sexually abuse or harass women and children, in particular those against whom any allegation is made of harassing/stalking girls and women in any pl......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.
......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
Mahbub Ahmed Chowdhury Vs. Chief Election Commissioner and others, 2011, 40 CLC (AD)
....y other instruÂment 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 way changed ......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. ......or his dependents; (g) what promises he made before an elecÂtion in which he was elected as a member in the past, and how many of those promÂises were fulfilled; and (h) the amount of loan received by him alone, or jointly or by his dependents from any bank or financial institution,..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)
....55,468.00 (four crore one lac fifty-five thousand four hundred sixty-eight) only. The defaulting-borrower, Md. Aminuzzaman, Proprietor of M/S M. A. Zaman and his mother Mrs. Khodeja Zaman being third party mortgager were made defendant Nos.1 and 2 respectively in the suit. Although defendant No.1 (M...... date on 16.9.2010. On the next date the decree-holder bank filed an application for disposal of the execution case under section 33 (9) of the Ain and the judgment debtor filed money receipt showing payment of Taka 1,25,00,000/- (one crore twenty-five lac) only in favour of the decree holder-bank. ......cts leading 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-eig..Category: Banking Law | Date: 20 Jan, 2011 | Hits: 233
Mirza Ahsan Habib Vs. Judge, Artha Rin Adalat, Khulna and another, 2011, 40 CLC (HCD)
....on of loan amounting to Tk.10,43,454.18 (Taka ten lac forty-three thousand four hundred fifty-four and Paisa eighteen) only against the petitioner and three others. Ultimately the suit was decreed ex parte on 26.5.2004 and the decree holder-bank put the decree in execution by filing Execution Case N......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: ......’s case in short is that the Agrani Bank, Baikali Branch, Khulna (herein respondent No.2) as plaintiff instituted Artha Rin Suit No.55 of 2004 before the Artha Rin Adalat, Khulna for realization of loan amounting to Tk.10,43,454.18 (Taka ten lac forty-three thousand four hundred fifty-four and Pai..Category: Banking Law | Date: 19 Jan, 2011 | Hits: 305
StateVs. Noor Islam and others, 2011, 40 CLC (HCD)
....en obtained from the confessing accused by exercising threat and coercion upon them and the same are not at all true and voluntary. 6. The learned Judge of the Tribunal below having heard both the parties and considering the evidence and materials on record passed the impugned Judgment and order ......ned prisoners and the absconding convict Aaizel @ Aazu @ Azizul Haque @ Azizur to imprisonment for life. At the same time we consider it expedient to add with the sentence of fine that, in default of payment of such fine as awarded by the Tribunal below, all the aforesaid condemned prisoners and the......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)
....ng actions such as caning, beating and chaining of children, both boys and girls, studying in governmental and non-governmental primary and secondary educational institutions, including madrashas, in particular those reported in a series of reports published in national newspapers during 2010. Also ...... 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. ...... 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. ..Category: Women and Children | Date: 13 Jan, 2011 | Hits: 248
State Vs. Alam, 2011, 40 CLC (HCD)
....of the PW 6 and another eyewitness, i.e. P.W. 7 Rabiul Islam, the deceased's another brother. ImpleÂments recovered on that date from the condemned-prisoner's residence at the bidding of the PW 6 in particular firmly established in the Tribunal's mind a case of homicide. These items include on 40" ...... 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. ...... 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
Ramesh Chandra Adhikari Vs. Bulbuli, 2011, 40 CLC (AD)
....is Country in respect of marriage, divorce and inheritance faces multifarious problems. In many cases the alleged husband does not recognize marriage or deny the existence of marriage with the female partner and the female partner also faces difficulty in respect of her right to inheritance and the ......sideration for taking the bride but only given to the bride or even to the bride's father out of affection or in token of respect to them or to comply with a traditional or ritualistic form, such payment does not make the marriage an A'sura marriage." 15. The distinction betwe......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
....he learned Sub-ordinate Judge, Commercial Court No.2, Dhaka for realization of a sum of Taka 63,54,326.33 as on 1-1-1984 under Article 33 of the President's Order No.128 of 1972 from the opposite parties-respondents stating, inter alia, that the petitioner-appellant Bangladesh Shilpa Rin Sa......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. The learned Subordinate Judge, Commercial Court No.2, Dhaka foun...... credit facilities and other assistance to industrial concerns and to broaden the base of investment in Bangladesh. On the application of the respondent No.1 the appellant-BSRS sanctioned a loan of Taka 70, 00,000 on 18-12-1979 for acquisition of two steel body self propelled Cargo Coaster..
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)
....bers and their families and not for income making motive and no profit or dividend is distributed amongst the members. It is further submitted that since the members of the Club are contributors and participants and therefore, the doctrine of mutuality is applicable for the petitioner. In another p...... other staffs for their own benefit and services for which the members availing them pay for, including consumption of food and drinks out of which "profÂit" is made by the Club which do not attract payment of income tax by the petitioner. The petitioner company being aggrieved since it has not bee......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
Mahfuzur Rahman and another Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....ht to education is implicit in and flows from the right to life guaranteed by Part III of the Constitution and from this standpoint, the petitioners can not be deprived of this fundamental right particularly when they prosecuted their studies for a considerable length of time in the university....... Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 171 ...... Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 171 ..Category: Administrative Law | Date: 9 Dec, 2010 | Hits: 2
Monir Hossain Md. (Moni) and another Vs. Md. Yousuf and others, 2010, 39 CLC (AD)
....uit holding was disclosed for the first time; that thereafter the defendants sent the rent on 9-4-1995 by money order to the plaintiffs of the SCC Suit and on refusal added the plaintiffs as opposite parties in the House Rent Case and, as such, the defendants are not defaulters; that the plaintiffs ...... the appellants that the respondents were introduced to the appellants by the vendor who asked them to pay rent to the appellants to which they agreed; that the respondents became defaulter in making payment of rent which caused the appellant to terminate the tenancy by serving notice under section ......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
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