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Shah Alam (Md.) Vs. State and another, 2011, 40 CLC (HCD)
....he 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. 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 enc......09 at about 7-00 PM, the complainant personally approached the accused-petitioner to get the amount of money for which the 'cheque was issued. But he refused to pay. As such, on 25-2-2009 a legal notice was issued on the accused-petitioner and it was duly received by him on 19-3-2009. But as the...... or any other order passed as this Court may deem fit and proper. 2. By the same Rule issuing order, all further 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 Chowdhury lodge..Category: Banking Law | Date: 6 Feb, 2011 | Hits: 361
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 ......, 79,245 drawn on an account maintained with the bank. The cheque having been presented for encashment was dishonoured on 28-12-2008. Then on 25-1-2009 the bank through its lawyer served a legal notice upon the accused-petitioners who on receipt of the notice took back the cheque on 24-3-2009 a......was issued calling upon the opposite-parties to show cause as to why the impugned 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 ..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: ......cree, 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 payment of the decretal money. 2. Facts leading to thi..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. ......dgment January 30, 2011. Result: The appeal is allowed. Time Limit In order to get the grounds of decision communicated, the intending appellant has to file an application on form T.M-15 within one month from communication of the decision. On receipt of the grounds, the appe..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. ...... calling in question order dated 12-11-2007 passed by the Judge, Artha Rin Adalat, Khulna in Artha Rin Execution Case No.319 of 2006 (second execution case) rejecting the petitioner's application for rejection of the execution case as being barred by limitation under section 28(3) of the Artha R..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.......t of Title Suit No. 308 of 2009 as per provisions of Order VII Rule 11 of the Code of Civil Procedure. 2. Appellants as plaintiffs instituted Title Suit No.308 of 2009 with prayers amongst other for:— “ক) নিম্নের তফসিল বর্ণিত ও চৌহুদ্..Category: Property Law | Date: 27 Jan, 2011 | Hits: 95
Nasirul Islam Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....hatian No.746, Plot No.105 at Muza East Eash Dair under Fatulla Police Station of Narayanganj District, which he acquired from his father Nurul Islam Khan by way of a registered deed of Heba-bil-Ewaz dated 23.8.2001. After so transfer he mutated the record in his name and has been paying the rents t...... Md. Mozibur Rahman Miah, Advocate-For the Respondent. Writ Petition No. 3888 of 2008. Judgment Md. Ruhul Quddus J.- This Rule Nisi was issued questioning the legality of an auction notice published in the Daily Janakanta on 9.5.2008 for sale of the petitioner’s property on the b......dent. Writ Petition No. 3888 of 2008. Judgment Md. Ruhul Quddus J.- This Rule Nisi was issued questioning the legality of an auction notice published in the Daily Janakanta on 9.5.2008 for sale of the petitioner’s property on the basis of a certificate issued in favour of Bangladesh..Category: Banking Law | Date: 27 Jan, 2011 | Hits: 172
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......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. ......litary witness and it is not necessary to seek corroboration always from independent sources. Adverse presumption under section 114(g) of the Evidence Act is, essentially, a question of fact which is for the court to arrive at a decision. Non-examination of important witnesses creates presumption un..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)
....pearing for respondent No.2, at the very outset, submits that the petitioner-company has sought relief against a private bank in the present writ petition, which is not maintainable. The legal notice dated 15.7.2010 was served upon the petitioner-company giving one month time to pay off the money ag......n of the Peoples’ Republic of Bangladesh, 1972, Article 102. Whether the cheques were altered or dishonour of the same constitutes any offence against the petitioners and the claim raised in the notice is correct there are all questions of facts to be determined by a competent court in due cour......ence against the petitioners and the claim raised in the notice is correct there are all questions of facts to be determined by a competent court in due course of trail, if the notice giver bank goes for legal action. But at this stage its access of justice cannot be denied by gagging the legal noti..Category: Banking Law | Date: 26 Jan, 2011 | Hits: 185
....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......mdash; thereby empowering the Executive Magistrates to punish the offenders / eve teasers on the spot.
5. By the writ petition and two supplementary affidavits, the petitioner has brought to our notice numerous macabre incidents of eve teasing/stalking along with the resultant suicides and kill......tion. Thereupon, this court by order dated 02.11.2010 issued Rule Nisi calling upon the respondents (mainly the concerned ministries and police) to show cause as to why they should not be directed to formulate guidelines, or issue policy statements or specific legislations, to address the issue of s..
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...... than an office which is declared by law not to be disqualified its holder; or (g) is disqualified for such election by or under any law. 12. From the preamble to the RPO, 1972 we have already noticed that the same has been enacted for the conduct of election to Parliament and for matters c......ub Ahmed Chowdhury.......................Petitioner Vs. Chief Election Commissioner and others..........Respondents Judgment January 23, 2011. Result: Civil Petition for Leave to Appeal is dismissed. Words and Phrases Amendment and Amendment of a statut..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....... 8.5.2005. Thereafter the decree holder-bank filed Artha Rin Execution Case No.104 of 2005 in the Artha Rin Adalat, Faridpur on 19.6.2005. In course of proceedings in the said execution case, auction notices were published under section 33 (1) (4) of the Ain and attempts were made twice to sell the ......erty. 2. Facts 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 h..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: ......ed calling in question order dated 12.11.2007 passed by the Judge, Artha Rin Adalat, Khulna in Artha Rin Execution Case No.319 of 2006 (second execution case) rejecting the petitioner’s application for rejection of the execution case as being barred by limitation under section 28(3) of the Artha R..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......istrate (P.W.17 Ashuk Kumar Debonath) while recording those statement-it appeared to him that the said statements were true and made voluntarily and there was no complaint of maltreatment or injuries noticed on the person of the accused. 23. The Inquest Report of the deceased Shilpi Begum, marked...... Jail Appeal No.1063 of 2005. (Against the death sentence passed by Nari-O-Shishu Nirjatan Daman Tribunal, Jessore in Nari-O-Shishu Nirjatan case 12 of 2003, referred to the High Court Division for confirmation of the death sentence.) Judgment Afzal Hossain Ahmed J.- This Death Reference..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......nd yet it seems there comes a time when the parents impose all sorts of punishment upon their children either directly or indirectly, as will be apparent from the cases which have been brought to our notice in this petition. It is stated that young children have been subjected to ‘corporal punishm...........................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 India and another, AIR 2001 (Delhi) 212; F.C. Mull..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...... 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. ......racted the provisions of section 374 of the Code of Criminal Procedure ("the Code") requiring such sentence to be confirmed by this Court. The case record together with the Judgment having been, therefore, sent to this Court, this Court registered the same as Death Reference No.128 of 2005. This is ..Category: Women and Children | Date: 11 Jan, 2011 | Hits: 176
Ramesh Chandra Adhikari Vs. Bulbuli, 2011, 40 CLC (AD)
....Md. Nawab Ali, Advocate-on-Record—For the Petitioner. None Represented—For the Respondent. Civil Petition for Leave to Appeal No. 431 of 2009. (From the judgment and decree dated 29-10-2008 passed by the High Court Division in Civil Revision No.2325 of 2005) Judgment ......t Civil Petition for Leave to Appeal before this Division. 8. Mr. Abul Kalam Mainuddin, the learned Advocate appearing for the defendant-petitioner submits that the High Court Division failed to notice that there is no single evidence showing valid marriage under the Hindu Law by invocation bef......ndent Judgment January 6, 2011. Result: The leave petition is dismissed. Marriage and Succession under Hindu Law Marriage under the traditional Hindu Law is a holy union for the performance of religious duties. It is a sacrament for the purification of the body from inh..Category: Family Law, Hindu Law | Date: 6 Jan, 2011 | Hits: 15
.... 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......loan in full. Article 32 clause (b) of the Bangladesh Shilpa Rin Sangstha Order, 1972 is reproduced below:
"32. Notwithstanding any agreement to the contrary, the Sangstha may, by notice, require any industrial concern to which it has granted any loan or any person who is liable ......ladesh Shilpa Rin Sangstha Order (PO 128 of 1972); Article 33(1)(d)
The High Court Division concurred with the decision of the trial court excepting that the awarding of interest of Taka 33 lakh for the period prior to the institution of the suit was not interest, but compensation in the form o..
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......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 drawn our notice to the supplementary affidavit in opposition in which as evidence by Annexure-A a letter date......sociation of the Company it has been clearly stated: "The income and property of the Company, howsoever derived, shall be applied solely towards the promotion of the object of the Company as set forth in this Memorandum of the Company and no portion thereof shall be paid or transferred, directl..Category: Fiscal/Taxation Law | Date: 13 Dec, 2010 | Hits: 48
Mahfuzur Rahman and another Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....der of the respondent No. 2 communicated under the signature of the respondent No. 5 vide Memo No. শেকৃবি/সিঃ ৩৫তম(বাস্তঃ)প্রঃ/০৮/৭৩১(২) dated 19-11-2008 (Annexure-'1') cancelling the admission of the petitioners from Sher-e-Bang...... the frontiers of natural justice are fully applicable in Bangladesh. 30. The basic principle of fair procedure is that before taking any action against a man, the authority should give him notice of the case and afford him a fair opportunity to answer the case against him and to put forwa......nd by that reason, they should not be allowed to enjoy its Fruit - In the instant case, it cannot be said that the petitioners had a validly acquired right rather by having recourse to fraud and forgery, they got themselves admitted to the university in collusion with some functionaries thereof..Category: Administrative Law | Date: 9 Dec, 2010 | Hits: 2
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