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Anwarul Alam (Md.) Vs. Pubali Bank Ltd and others, 2011, 40 CLC (HCD)
.... it is liable to be discharged. 32. In the result, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 448. ......ndments also, made from time to time in the generic law on the subject adopted by general reference. This principle of construction of a reference statute has been neatly summed up by Sutherland, thus: "A statute which refers to the law of a subject generally adopts the law on th...... Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 448. ......quo; 27. In our jurisdiction the High Court in Dalutpur Jute Mills Ltd Vs. Income Tax officer (Investigative) reported in 26 DLR 5 in the same line of interpretation had observed, "The question, however, that we are called upon to consider is whether the subsequent amendments of ..Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2011 | Hits: 3
Md. Nazim Vs. State, 2011, 40 CLC (HCD)
.... arrested the petitioner and seized the said arms and bullets by preparing a seizure list. On interrogation, the petitioner failed to show any valid paper for keeping the said arms and bullets in his possession, hence the case. 4. After investigation police submitted a charge sheet on 14.6.2004 a...... once if not wanted in connection with any other case. Send down the L.C. records at once along with the judgment. AKM Zahirul Haque J. - I agree. Ed. This Case is also Reported in: ......r case. Send down the L.C. records at once along with the judgment. AKM Zahirul Haque J. - I agree. Ed. This Case is also Reported in: ...... once if not wanted in connection with any other case. Send down the L.C. records at once along with the judgment. AKM Zahirul Haque J. - I agree. Ed. This Case is also Reported in: ..Category: Women and Children | Date: 13 Mar, 2011 | Hits: 133
Mokles Uddin Bhuiyan Vs. Rabi Chowdhury, 2012, 41 CLC (HCD)
....onduct the said Miscellaneous Case and the uncle of the present opposite party No.1 namely Safiuddin conducted the Miscellaneous Case. The auction purchaser (present petitioner) got the delivÂery of possession through Court and since then the auction purchaser has been possessing the suit propÂert......The learned Advocate further submitted that both the Courts erroneously found that there was a irregularity in the auction sale but did not conÂsider that the petitioner got possession over the suit land immediately after the auction sale but the oppoÂsite party did not take any initiative at the ......cord at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 471. ...... The order of status quo granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 471. ..Category: Civil Law | Date: 11 Mar, 2011 | Hits: 185
Professor Muhammad Yunus Vs. Bangladesh, 2011, 40 CLC (HCD)
....er, there would be no order as to costs. Md. Mamtazuddin Ahmed J. – I Agree. Gobinda Chandra Tagore J. – I Agree. Ed. This Case is also Reported in: 63 DLR (2011) (HCD) 260. ......s established under the Grameen Bank Ordinance, 1983. It appears from the pre-amble of the Ordinance that the purposes of establishing the Bank were to provide credit facilities and other services to landless persons in the rural areas and to provide for matters connected therewith or incidental the......din Ahmed J. – I Agree. Gobinda Chandra Tagore J. – I Agree. Ed. This Case is also Reported in: 63 DLR (2011) (HCD) 260. ......mits that the dispute over the petitioner’s appointment being already disposed of, the same has long since been approved by conduct of the respondents and as such they cannot further raise the same question and relieve the petitioner from his duties on the same excuse. 29. Referring to the ca..Category: Banking Law | Date: 8 Mar, 2011 | Hits: 438
....ry evidence. Admissibility of secondary evidence is regulated by section 63 of the Evidence Act, 1872. The High Court Division rightly noticed that admittedly the original tender documents are in the possession of the defendant-petitioner. Section 65 of the Evidence Act provides that secondary ......at the Chief Engineer, Bangladesh Export Processing Zone Authority (BEPZA) issued work order being No. BEPZA/CE-11-99/71 dated 12-2-2001 in his favour through tender procedures for development of the land of Kha Goup being eighteen industrial plots with construction of roads of Comilla EPZ (Export P......dismissed.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 86.
......t Division and other materials available on record.
13. In the instant case there is a provision for arbitration in Clause 25 of the contract of work which provides amongst others that all questions and disputes relating to the meaning of the specifications, designs, drawings and ins..
Category: Civil Law | Date: 23 Feb, 2011 | Hits: 10
Mohammad Ali Vs. Bangaldesh Bank and others, 2011, 40 CLC (HCD)
....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: ......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: ......e communicated at once to the concerned executing Court. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......coate-For the respondent. Writ Petition No. 9069 of 2008. Judgment Md. Ruhul Quddus J.- This Rule Nisi, at the instance of a judgment debtor in a mortgage decree, was issued calling in question two orders dated 16.10.2008 and 4.11.2008 respectively passed by the Judge, Artha Rin Adala..Category: Banking Law | Date: 22 Feb, 2011 | Hits: 187
....9-3-1990 entered into an agreement for sale of the said property with Alhaj Mansur Rahman for Taka 35, 40,000. Thereafter Alhaj Mansur Rahman paid Taka 18.50 lakh through cheques as earnest money and possession of the property was delivered to him with a condition that outstanding dues of Taka 11,00......ving no right, title, interest and possession over the assets of Hussain Fabrics Ltd. got 10 Ansars posted therein. Some unscrupulous persons had tried to dispossess the defendants from the land allotted to the defendant No.1 the company and finding no other way the defendant No.2 filed a ...... dismissed.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 119.
...... and that to prove that Kazi Golam Hossain was not Chairman of the defendant No.1 company the onus squarely lies on the defendant No.1 company to discharge such onus to that effect as they raised the question and, as such, the High Court Division rightly held that the defendant No.1 company ought to..
Category: Civil Law | Date: 17 Feb, 2011 | Hits: 5
Sanjoy Roy Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....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: ......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: ......is Court at the time of issuance of the Rule is vacated. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......d Shameem Aziz, Advocates-For the Respondent. Writ Petition No. 6731 of 2010 Judgment Md. Ruhul Quddus J. - This Rule, at the instance of a defaulting borrower, was issued calling in question an auction notice for sale of his mortgaged property under section 12 of the Artha Rin Adal..Category: Banking Law | Date: 17 Feb, 2011 | Hits: 174
Jamiul Hossain Vs. Government of Bangladesh & Others, 2011, 40 CLC (HCD)
....oard) headed by a Charge Officer for hearing of the said 3 appeal cases. The said committee heard the parties, recorded their statements, examined the papers and documents, inspected to ascertain the possession of ditch land and unanimously came to a decision making a specific recommendation on 6.3.......on neither decides the complicated question of title nor the disputed question of fact.....................(34) Cases Referred to- Md. Aftab Ali Sheikh Vs. Director Land Records, Directorate of land records and surveys, Tejgaon, Dhaka and others, 11 MLR (HC) (2006) 226; Md. Aftab Ali Sheikh Vs......ed. Let a copy of the judgment be communicated to the Respondents forthwith. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 49. ......tements and documents annexed to the writ petition and the affidavit-in-opposition filed by the respective parties. In this summary proceeding, the High Court Division neither decides the complicated question of title nor the disputed question of fact.....................(34) Cases Referred to- ..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)
....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 ......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 ......Case is also Reported in: 31 BLD (AD) (2011) 92, 16 BLC (AD) (2000) 107, VIII ADC (2011) 523 ......son whatsoever in its application for not taking steps for drawing up the final decree despite that the judgment-debtors did not pay the decreetal amount within the specified time. 5. Now the moot question is whether a final decree can be drawn up by the Adalat after the expiry of the period of l..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].
......nment should take steps so that the employment of women and children in the domestic sector may be monitored and their rights as workers ensured in accordance with the Constitution and the law of the land. She submits that the domestic workers who work in the houses do so from early morning till lat......OM AND OUTSIDE LAW AND ROLE OF GOVT. AND CIVIL SOCIETIES IN BANGLADESH , 36-37 (2009) [hereinafter SCSD REPORT ON CHILD DOMESTIC WORKERS].
...... and must generally make themselves available to their employer at all times.[8] Deprived of educational opportunities at such a formative age, their chances of securing a well-paying job is put into question. The exploitation of child servants crosses into the zone of unacceptability due to this ma..
Category: Women and Children | Date: 15 Feb, 2011 | Hits: 265
Mohammad Abdus Sabur Vs. Agrani Bank, 2011, 40 CLC (HCD)
.... 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: ...... 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: ......gment be communicated to the concerned executing Court. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......cate-For the Respondent. Writ Petition No. 4980 of 2006. Judgment Md. Ruhul Quddus J. - This Rule Nisi, at the instance of a judgment debtor in a mortgage decree, was issued calling in question order dated 30.5.2005 passed in Artha Rin Execution Case No. 741 of 2003 pending in Artha R..Category: Banking Law | Date: 10 Feb, 2011 | Hits: 192
Promoda Sundari Sen Kalyan Trust Vs. Momtaz Zafar Ahmed and Others, 2011, 40 CLC (HCD)
....ent and decree passed by the Artha Rin Adalat in Artha Rin Case No. 638 of 2004. 10. Mr. Abdul Quayum, the learned Advocate further submits that the plaintiff-petitioner is in exclusive physical possession over the suit land and admittedly he did not hand over delivery of possession in favour o......Other Suit No.238 of 2009 on 29-8-2009 in the Court of Senior Assistant Judge, Sadar, Rangpur impleading the present defendant-opposite parties praying for permanent injunction in respect of the suit land as described in the schedule of the plaint. The plaintiff's case in short is that Shib Kris......Vs. Momtaz Zafar Ahmed and Others…………………..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 ......1 of 2004 in the body of the plaint and no relief was sought for against the judgment and decree of the Artha Rin case and as such without taking evidence there is no legal scope at all to decide the question whether the suit is barred by section 20 of the Artha Rin Adalat Ain, 2003 or not..Category: Banking Law | Date: 9 Feb, 2011 | Hits: 2
Nazim Uddin Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....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: ......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: ......sed at the time of issuance of the Rule is vacated. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......r 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 Adalat Ain, 2003 published in the Daily..Category: Banking Law | Date: 9 Feb, 2011 | Hits: 162
Shah Alam (Md.) Vs. State and another, 2011, 40 CLC (HCD)
....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. ......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. ......ccordance 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. ......signature was necesÂsary for payment of the cheque. It is further submitÂted that the complainant did not receive any cheque issued on behalf of any Company or business enterÂprise. Therefore, the question of requiring joint sigÂnature did not arise at all. 6. The only question raised in this..Category: Banking Law | Date: 6 Feb, 2011 | Hits: 361
Sohrab Hossain (Md.) & others Vs. State & another, 2011, 40 CLC (HCD)
.... 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. ...... 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. ......ve, we find no merit in the Rule. Accordingly, this Rule is discharged. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 215. ......shment the offence under section 138 read with section 140 of the Act was complete, and consequently the accused-petitioners are liable to be prosecuted for committing such offence and, as such, question of quashing the impugned proceeding does not arise at all and the Rule be discharged. ..Category: Others | Date: 3 Feb, 2011 | Hits: 4
Aslam Khan Vs. Artha Rin Adalat, Moulvibazar and another, 2011, 40 CLC (HCD)
.... 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: ...... 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: ......, Moulvibazar and also to the concerned executing Court. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......te-For the Respondent. Writ Petition No. 6198 of 2010. Judgment Md. Ruhul Quddus J. - This Rule Nisi, at the instance of a judgment debtor in an Artha Rin Decree, was issued calling in question order dated 15.4.2010 passed by the Artha Rin Adalat, Moulvibazar rejecting the petitionerâ..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)
....nction, which the Court allowed by order dated 19.8.2010 and added the auction purchaser as respondent No.4 issuing a Rule upon him, and also directed the parties to maintain status quo in respect of possession and position of the property in question. Thereafter respondent Nos. 5-7 filed another ap......ion purchaser sold the property to these respondents, who went into possession over the auctioned property, got the record mutated in their names and paid rent and development taxes to the respective land office. The petitioner has obtained the Rule on 7.2.2010 after long laps of two and half years ......he concerned executing Court for future guidance as well. Nazmun Ara Sultana J.- I agree Ed. This Case is also Reported in: ......e Respondents. Writ Petition No. 801 of 2010. Judgment Md. Ruhul Quddus J. - This Rule, at the instance 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 l..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)
....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. ......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. ......o Reported in: 18 BLC (HCD) (2013) 44. ......ginal application for registration of trade mark was allowed with consent of the opponents. When the application was withdrawn, the opposition case connected thereto became infructuous. Therefore the question of accepting an infructuous opposition case affecting the interest of the appellant does no..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)
....ition). Thereafter, the bank failed to dispose of the property and filed, second execution case being Execution Case No.319 of 2006 on 1-11-2006 for selling the same property that was given under its possession and enjoyment earlier. In the said second execution case the learned Judge, on an applica......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. ......ank and may also be disposed of in accordance with law. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 579. ......—For The 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..Category: Banking Law | Date: 29 Jan, 2011 | Hits: 2
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