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Shammi Yasmin @ Suma alias Sreemoti Rafiqa Rani and others Vs. State, 2011, 40 CLC (HCD)
.... rejecting his application for taking custody of the victim minor girl and accordingly he prays for custody of the victim girl. 9. Heard the learned advocate of both the sides and perused the FIR, relevant documents and the impugned order in both appeals. 10. In order to find out the actual pi...... from today and for the time being the victim will remain as it is, in the safe custody. Communicate the order at once. AKM Zahirul Hoque, J.- I agree. Ed. This Case is also Reported in: ......al-For the opposite party. Criminal Appeal No. 4860 of 2010. With Criminal Appeal No. 5688 of 2010. Judgment AKM Asaduzzaman J. - Both the appeals since arisen out of the same judgment and order heard together and disposed of by a single judgment. 2. In both these appeals by the im......g his application for taking custody of the victim minor girl and accordingly he prays for custody of the victim girl. 9. Heard the learned advocate of both the sides and perused the FIR, relevant documents and the impugned order in both appeals. 10. In order to find out the actual picture of ..Category: Women and Children | Date: 27 Feb, 2011 | Hits: 82
....ing the appeal and reversing the judgment and decree dated 13-11-2006 passed by the learned Joint District Judge, 1st Court, Comilla in Money Suit No.4 of 2003 decreeing the suit in part.
4. The relevant facts in respect of CP No.1602 of 2010 are as follows:
"The present respondent No......ation thereof, we do not find any merit in these two leave petitions.
Accordingly, these leave petitions are dismissed.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 86.
......ent:
ABM Khairul Haque CJ
Md Muzammel Hossain J
SK Sinha J
Executive Chairman, Bangladesh Export Processing Zones Authority (BEPZA)......Petitioner
Vs.
M/s. Abdul Mannan and anothers.................Respondents
Judgment
February 23, 2011.
Result:
The...... and thereby they failed to avail the opportunity of resorting to the arbitration by seeking stay of the suit before the Civil Court.
20. As regards admissibility of the photocopies of some documents of the tender file which were marked as Exhibits-1 series, in the instant case the High Co..
Category: Civil Law | Date: 23 Feb, 2011 | Hits: 10
Mohammad Ali Vs. Bangaldesh Bank and others, 2011, 40 CLC (HCD)
....ds and adjust the sale proceeds against the claim of the bank. This is the mandate of section 12 (2) of the Ain. Now the bank can not avoid its responsibility on the plea that a suit was pending. The relevant facts regarding non-selling of the pledged goods are admitted and as such the submission of......5 (arising out of Artha Rin Suit No.424 of 2004). By the first order the learned Judge, on an application filed by the decree holder-bank, fixed a date of auction on publishing auction notice in news papers for sale of the petitioner’s mortgaged property, while by latter rejected his (petitionerâ€...... (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Mohammad Ali ………………….....................Petitioner Vs. Bangaldesh Bank and others ………..........Respondents Judgment February 22, 2011. Result The......ree is not yet satisfied. Let a copy of the judgment be communicated at once to the concerned executing Court. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..Category: Banking Law | Date: 22 Feb, 2011 | Hits: 187
.... the appeal being No. FA No. 216 of 2007 upon setting aside the judgment and decree passed by the Trial Court and decreed the suit in favour of the plaintiffs-respondents without considering the relevant papers and documents as well as the application submitted by the defendants-petitioner......al being No. FA No. 216 of 2007 upon setting aside the judgment and decree passed by the Trial Court and decreed the suit in favour of the plaintiffs-respondents without considering the relevant papers and documents as well as the application submitted by the defendants-petitioners under O......t
High Court Division
(Civil)
Present:
ABM Khairul Haque CJ
Md. Muzammel Hossain J
Surendra Kumar Sinha J
Hussain Fabrics Ltd. Represented by its Managing Director and another………….Petitioners
Vs.
Haji Momena Khatun and others........ FA No. 216 of 2007 upon setting aside the judgment and decree passed by the Trial Court and decreed the suit in favour of the plaintiffs-respondents without considering the relevant papers and documents as well as the application submitted by the defendants-petitioners under Order XL, ru..
Category: Civil Law | Date: 17 Feb, 2011 | Hits: 5
Sanjoy Roy Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....as issued calling in question an auction notice for sale of his mortgaged property under section 12 of the Artha 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 dat......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: ...... (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Sanjoy Roy ………………………………………..Petitioner Vs. Bangladesh and others ……….............Respondents Judgment February 17, 2011. Result ......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
Abu Hanifa (Md.) Vs. Md. Shafiul Bashar and others, 2011, 40 CLC (AD)
....r-respondent No.1 is not a permanent resident of No.12, Rangasree Union and that he has been appointed as Nikah Registrar by producing an identity card which was procured by practicing fraud upon the relevant authorities. He contends that the respondent No.1 was appointed on apurely temporary basis ......dgment and order dated 1-11-2003 passed by a Division Bench of the High Court Division in Writ Petition No.7505 of 2002 is hereby affirmed. Ed. This Caseis also Reported in: 65 DLR (AD) (2013) 243. ...... ......dgment and order dated 1-11-2003 passed by a Division Bench of the High Court Division in Writ Petition No.7505 of 2002 is hereby affirmed. Ed. This Caseis also Reported in: 65 DLR (AD) (2013) 243. ..Category: Civil Law | Date: 15 Feb, 2011 | Hits: 8
Jamiul Hossain Vs. Government of Bangladesh & Others, 2011, 40 CLC (HCD)
.... Rules, 1955) against the Tashdik record of .1708 acres of land in Plot No.57227 in the name of the petitioner and his mother. The revenue Office, after hearing both the parties and considering their relevant papers and documents, rejected the objection Cases on 8.11.2000. 5. Being dissatisfied w......955) against the Tashdik record of .1708 acres of land in Plot No.57227 in the name of the petitioner and his mother. The revenue Office, after hearing both the parties and considering their relevant papers and documents, rejected the objection Cases on 8.11.2000. 5. Being dissatisfied with the a...... Others…………………………Respondents Judgment February 15, 2011. Result: The Rule is made absolute. The proceeding under article 102(2) of the Constitution is a summary one and it is mainly decided on the statements and documents annexed to the writ petition and the affida......s Judgment February 15, 2011. Result: The Rule is made absolute. The proceeding under article 102(2) of the Constitution is a summary one and it is mainly decided on the statements and documents annexed to the writ petition and the affidavit-in-opposition filed by the respective parti..Category: Constitutional Law | Date: 15 Feb, 2011 | Hits: 176
Rupali Bank Ltd., Dhaka Vs. M/S. Brick Linkers Ltd. and Others, 2011, 40 CLC (AD)
....n Act. Time for an application for a final decree starts when the right to apply accrues, that is to say, from the date when the default occurred. It is the date which is fixed in the decree which is relevant under this provision. Admittedly the decree-holder did not file the application within 3 ye......em. The appeal is dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 92, 16 BLC (AD) (2000) 107, VIII ADC (2011) 523 ...... Present ABM Khalrul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Rupali Bank Ltd., Dhaka……………………………………Plaintiff Vs. M/S. Brick Linkers Ltd. and Others………………Respondent Judgment February 15, 2011. Case Referred To- Sar......em. The appeal is dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 92, 16 BLC (AD) (2000) 107, VIII ADC (2011) 523 ..Category: Banking Law | Date: 15 Feb, 2011 | Hits: 189
....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].
......undles of material with regard to children working in this country and particularly those working in the domestic sector. She has brought to our notice the innumerable cases reported in the daily newspapers almost every day concerning atrocities committed upon helpless children, who find themselves ......Lawyers Association (BNWLA), represented by its Vice-President, Fahima Nasrin……….......Petitioner
Vs.
The Cabinet Division, Represented by Cabinet Secretary, Bangladesh Secretariat, Dhaka and others .........Respondents
Judgment
February 15, 2011.
Result:
The Rule is made abs......২০১০), submits that the government has every intention to protect the rights and physical wellbeing of all domestic workers, and in particular child workers as is manifest from the two policy documents. However, he submits that both the documents are of recent origin and the government is in..
Category: Women and Children | Date: 15 Feb, 2011 | Hits: 265
Mohammad Abdus Sabur Vs. Agrani Bank, 2011, 40 CLC (HCD)
....arrest and as such the Rule is liable to be discharged. 7. We have examined the writ petition, affidavit-in-opposition, the order sheet of the execution case including the impugned order and the relevant law. The mandate in section 37 of the Ain to conclude an execution case within 150 days app...... 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: ...... Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Mohammad Abdus Sabur ………………….................Petitioner Vs. Agrani Bank, Laldighi East Branch, Chittagong and others…... Respondents Judgment February 10, 2011. Result The Rule is disc...... 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)
....o the present opposite party Nos. 1-3 in accordance with law.22. It is found that the said mortgaged property is the suit property of the present suit of permanent injunction. Now, let us look at the relevant provisions of both the old and new Artha Rin Adalat Ain. 23. Section 6 of th......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 ...... Present: Sheikh Abdul Awal J F.R.M. Nazmul Ahasan J Promoda Sundari Sen Kalyan Trust………………Appellants Vs. Momtaz Zafar Ahmed and Others…………………..Respondent Judgment Fe...... learned Advocates of both the sides at length and perused the revisional application, affidavit-in-reply dated 27-1-2011, counter affidavits, judgments of two Courts below along with other connected documents as filed therewith. Now, to deal with the submissions of the learned Advocates, let us exa..Category: Banking Law | Date: 9 Feb, 2011 | Hits: 2
Nazim Uddin Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....stance 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 Zarin Design Ltd. availed credit ......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: ......ecial Original Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Nazim Uddin……………………...............................Petitioner Vs. Bangladesh and others ………………….................Respondents Judgment February 9, 2011. ......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
Shah Alam (Md.) Vs. State and another, 2011, 40 CLC (HCD)
....not be quashed, or any other order passed as this Court may deem fit and proper. 2. By the same Rule issuing order, all furÂther proceedings of the above Sessions Case were also stayed. 3. The relevant facts for disposal of the Rule are that the added opposite-party No.2 Mohammad Kamal Uddin ......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. ......ion (Criminal Miscellaneous Jurisdiction) Present: Khondker Musa Khaled J Quazi Reza-ul-Hoque J Shah Alam (Md.)……………………......................Petitioner Vs. State and another……………………………………..Opposite-Parties Judgment February 6, ......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. ..Category: Banking Law | Date: 6 Feb, 2011 | Hits: 361
Sohrab Hossain (Md.) & others Vs. State & another, 2011, 40 CLC (HCD)
.... the submission of Mr. Meah Md. Kauser Alam, and we accept the submission of the learned Deputy Attorney-General. 10. Now looking at the petition of complaint it prima-facie appears that all the relevant facts as contemplated in sub-section (1) of section 138 of the Act to constitute an offence...... 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. ......gned proceedings of CR Case No.4137 of 2009 under sections 138/140 of Negotiable Instruments Act, 1881, Now pending before the Court of Chief Metropolitan Magistrate, Dhaka should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. ...... 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)
....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: ......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: ......nal Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Md. Nasurullah alias Nasu ……………………….....Petitioner Vs. Artha Rin Adalat No. 4, Dhaka and others…………....Respondents Judgment February 2, 2011. Result The Rule......er on 7.8.2007 and suppressed the materials facts and as such the Rule is liable to be discharged. 8. We have perused the writ petition, application for injunction, affidavit–in-opposition and documents submitted therewith, and also have gone through the decision cited by the learned Advocate..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)
.... is directed against order dated 12.7.2005 passed by the Registrar of Trade Marks, Dhaka that was communicated by letter dated 22.5.2006 accepting Opposition Case No.2131 of 2003. 2. Facts relevant for disposal of this appeal are that the appellant’s agent in Bangladesh, Haji Abdul ......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. ....... Ruhul Quddus J Kanin (India) (P) Ltd. ……………………...............................Appellant Vs. The Registrar of Trade Marks, Dhaka and another …….....Respondents Judgment January 30, 2011. Result: ......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)
....tion is a mixed question of law and facts. In the present case the fact i.e. the date of disposal of the first execution case and that of filing the second execution case is admitted. These facts are relevant to resolve the issue of limitation in view of section 28(3) of the Ain, which runs as follo......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. ...... Md. Ruhul Quddus J Mirza Ahsan Habib…………………………………Petitioner Vs. The Judge, Artha Rin Adalat and another...........Respondents Judgment January 19, 2011. Result: The Rule is......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
Nasirul Islam Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....d to take back his original title documents those have been annexed with the writ petition substituting photocopies thereof. Nazmun Ara Sultana J.- I agree. This Case is also Reported in: ......tioner resorted under a wrong forum by filing the present writ petition, however, he has remedy in a competent civil Court. 6. We have examined the writ petition, supplementary affidavit and the papers and documents annexed therewith. There is no averment in the writ petition that the petitione......h Court Division (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Nasirul Islam, since deceased substituted by his legal heirs Mrs. Mily Khan and others ............Petitioners Vs. Bangladesh and others ……………….........Re......rted under a wrong forum by filing the present writ petition, however, he has remedy in a competent civil Court. 6. We have examined the writ petition, supplementary affidavit and the papers and documents annexed therewith. There is no averment in the writ petition that the petitioner did not m..Category: Banking Law | Date: 27 Jan, 2011 | Hits: 172
M/S A-Z Knit Wears Ltd. and another Vs. City Bank Ltd. and others, 2011, 40 CLC (HCD)
....financial loss to the petitioner-company, and also to examine the legality of 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 5......terest 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, the papers and documents annexed therewith, and considered the submissions of the learned Advocates of b...... Ed. This Case is also Reported in: ......he 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, the papers and documents annexed therewith, and considered the submissions of the learned Advocates of both the sid..Category: Banking Law | Date: 26 Jan, 2011 | Hits: 185
....endment to the Nari-O-Shishu Nirjatan Daman Ain 2000 by way of incorporating a new provision “Section 10(Ka)” after section 10. He submits that since the proposed amendment covers all the relevant mischief, the situation would be effectively taken care of once the same is incorporated in......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.
......llip;…………………Petitioner
Vs.
Government of Bangladesh, represented by the Cabinet Secretary of Cabinet Division, Bangladesh Secretariat, Dhaka and others……………………………&h......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
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