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Mokles Uddin Bhuiyan Vs. Rabi Chowdhury, 2012, 41 CLC (HCD)
....ithout serving any notice upon him, an ex parte Judgment was passed against him on 19-3-1974 and thus Execution case No.4 of 1975 was filed and the present petitioner auction purÂchased the valuable property of him. The said aucÂtion was confirmed on 25-11-1975. The said auction was not in proper,......l Hoque J.- On an application under Section 115 of the Code of Civil Procedure by the petitioner the Rule was issued calling upon the opposite party No.1 to show cause as to why the impugned Judgment and order dated 18-2-1999 passed by the Subordinate Judge, 2nd Court, Manikganj in Miscellaneous App......xecution case No.4 of 1975 was filed and the present petitioner auction purÂchased the valuable property of him. The said aucÂtion was confirmed on 25-11-1975. The said auction was not in proper, illegal and mala fide and the value of the auction money was not proper. The opposite party No.1 came ..Category: Civil Law | Date: 11 Mar, 2011 | Hits: 185
Professor Muhammad Yunus Vs. Bangladesh, 2011, 40 CLC (HCD)
....the Chief Executive, did not take any effective steps in this regard and in such constraining situation, Bangladesh Bank had to issue the impugned order in the public interest as well as for ensuring proper management of Grameen Bank, which falls within the scope of Sub-Section(1)(Ka) and (1)(Gha) o...... This Case is also Reported in: 63 DLR (2011) (HCD) 260. ......ws him even to hold the post until the Board decides otherwise and in such view of the matter, the impugned orders are liable to be declared to have been issued without lawful authority and are of no legal effect. 19. He also submits that since the Board is vested with the power of appointment ..Category: Banking Law | Date: 8 Mar, 2011 | Hits: 438
Shammi Yasmin @ Suma alias Sreemoti Rafiqa Rani and others Vs. State, 2011, 40 CLC (HCD)
.... 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......ng with the Chairman went to Rajshahi and while staying in hotel his daughter appeared before them he then called his daughter to return home but the Chairman stopped him and resisted him to take any legal course and made him satisfy that he will settle the matter, accordingly he prepared a Sole Nam..Category: Women and Children | Date: 27 Feb, 2011 | Hits: 82
....hereof shall be referred to the tender accepting authority of BEPZA in the manner provided by law relating to arbitration for the time being in force who after such investigation as he may think proper shall deliver his award which shall be final, conclusive and binding on all parties to t......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......ment and order on the issue of the existence Arbitration Clause and that these suits are maintainable without exhausting the remedy available in the Arbitration Clause and that there being no illegality committed by the Court of appeal below, the judgment and decree passed by the court of appe..
Category: Civil Law | Date: 23 Feb, 2011 | Hits: 10
Mohammad Ali Vs. Bangaldesh Bank and others, 2011, 40 CLC (HCD)
..... 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 (petitioner’s) application for rejection of the execution c...... (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......instituted the suit, obtained the decree and proceeded with the execution case and as such the suit, the decree in conclusion thereof and the execution case for execution of the said decree all are illegal and without lawful authority. He further submits that section 37 of the Ain provides 150 days ..Category: Banking Law | Date: 22 Feb, 2011 | Hits: 187
.... renumbered as Title Suit. No.102 of 2004. In the plaint the plaintiffs stated, inter alia, that the defendant No.1-petitioner No.1 being a private limited company got allotment of the scheduled property on 30-7-1985 and as per Board Resolution of the Company one Kazi Golam Hussain being the Ch......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.......l as to transfer or enter into any contract with anybody for any share or portion of M/s Hussain Fabrics Ltd and the alleged contract is not a contract in the eye of law and, as such, the same is not legally enforceable. On 18-3-1992 the plaintiff No. 3 with a group of miscreants came to the re..
Category: Civil Law | Date: 17 Feb, 2011 | Hits: 5
Jamiul Hossain Vs. Government of Bangladesh & Others, 2011, 40 CLC (HCD)
.... cases on 24.07.2002 should not be declared to have been passed without lawful authority and are of no legal effect and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Facts leading to issuance of the Rule Nisi as follows: A holding of 7.51 acres of l...... 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......2 issued by respondent No.3 contained in annexure-H to the writ petition for rehearing of above 3 cases on 24.07.2002 should not be declared to have been passed without lawful authority and are of no legal effect and/or pass such other or further order or orders as to this Court may seem fit and pro..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)
....l has arisen. Appellant Rupali Bank Limited instituted a suit in the Artha Rin Adalat, Dhaka shortly, the Adalat, for realization of Tk.48, 68,970.270 against the respondents by selling the mortgaged property. The Adalat ultimately by judgment and order dated 5th February, 1997 decreed the suit in p...... 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
....Hospital and why the respondents shall not be directed to monitor the employment of children as domestic workers, and/or such other or further order or orders passed as to this Court may seem fit and proper.
4. In due course, affidavit-in-opposition has been filed on behalf of respondent No.3, Mi......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...... there are numerous cases, where the workers do not receive any payment even when payment has been agreed between the employers and the domestic employee or his/her parent and yet the employee has no legal redress for the non-payment of his or her wages. The learned advocate submits that it is appar..
Category: Women and Children | Date: 15 Feb, 2011 | Hits: 265
Promoda Sundari Sen Kalyan Trust Vs. Momtaz Zafar Ahmed and Others, 2011, 40 CLC (HCD)
....e an application before the Artha Rin Adalat by way of filing an objection under section 32 of the Ain, 2003 against the execution of a decree passed by the Artha Rin Adalat relating to the property. ………...(38) Case Referred to- 7 ADC 291, 56 DLR (AD) 22, 10 ...... 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......the help of bad people attempted to dispossess the plaintiff from the suit land on 15-9-2009 and thereafter, the defendant Nos. 1-3 in connivance with the defendant Nos. 4-6 on 26-7-2009 at 9-10 AM illegally entered into the suit land and also tried to evict the employees of Monikrishna Sen Trust. H..Category: Banking Law | Date: 9 Feb, 2011 | Hits: 2
Shah Alam (Md.) Vs. State and another, 2011, 40 CLC (HCD)
....gotiable Instruments Act, 1881, now pending in the Court of Mohanagar Additional Sessions Judge, 3rd Court, Chittagong, should 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 w......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, ......8-2-2009 at about 7-00 PM, the comÂplainant personally approached the accused-petiÂtioner 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 ..Category: Banking Law | Date: 6 Feb, 2011 | Hits: 361
Sohrab Hossain (Md.) & others Vs. State & another, 2011, 40 CLC (HCD)
....e 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. Fact leading to the issuance of the Rule, in short, are that opposite-party No.2 as ......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. ...... 2, 77, 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-..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: ......on) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Aslam Khan …………………………………………………....Petitioner Vs. Artha Rin Adalat, Moulvibazar and another ………...Respondents Judgment February 2, 2011. Result The Rule i......he writ petition, circular dated 24.3.2010 (annex -B to the writ petition) and the impugned order. It appears that the impugned order rejecting the petitioner’s application does not suffer from any legal infirmity. The executing Court had nothing to do with the said circular, or to give effect to ..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)
....uestion 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 this writ petition, in short, ar......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...... the Petitioner. Joynul Abedin with Md. Sagir Hossain, Advocates-For the 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..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 on 4-8-2005 by issuing a certificate under section 33(5) of the Ain in favour of the decree holder-bank (vide annexure:D-1 to the writ petition). 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 selli...... 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......of the Artha Rin Adalat Ain, 2003 is hopelessly barred by the law of special limitation and, as such, it is liable , to be rejected. The warrant of arrest issued against the petitioner, in an illegal execution proceeding, is also illegal. 6. On the other hand, Mr. Md. Mozibur Rahma..Category: Banking Law | Date: 29 Jan, 2011 | Hits: 2
Nasirul Islam Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....88 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 Shilpa Bank, Pabna branch unde......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......: ..Category: Banking Law | Date: 27 Jan, 2011 | Hits: 172
Md.Hasanul Islam Hanif Vs. State, 2011, 40 CLC (HCD)
.... for 10 years and 7 years respectively with a direction to run both the sentence concurrently should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The prosecution case, in short, is that on 9-9-2004 the informant along with other D......pposite-Party Judgment January 26, 2011. Result: The Rule is made. In view of section 134 of the Evidence Act, conviction can be based on the testimony of a solitary witness and it is not necessary to seek corroboration always from independent sources. Adverse presumption u......vely with a direction to run both the sentences concurrently. Though the impugned judgment and order was appealable, the petitioner could not prefer criminal appeal before this Court for lack of legal advice as no Advocate was engaged on behalf of the petitioner to conduct the trial of the case..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)
....1. In order to secure the loan, the petitioner issued 25 (twenty-five) blank cheques in favour of the creditor-bank. Subsequently the said loan was increased, and the petitioner-company mortgaged its property worth of taka 3/4 crore in order to secure the said loan, and approached the creditor-bank ...... Ed. This Case is also Reported in: ...... 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 noticeâ€..Category: Banking Law | Date: 26 Jan, 2011 | Hits: 185
....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......s (ICESCR) [article 2(2)].
The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) 1979 is the most comprehensive treaty on women’s human right, establishing legally binding obligations to end discrimination against women. It states that the full and complet..
Category: Women and Children | Date: 26 Jan, 2011 | Hits: 246
Mahbub Ahmed Chowdhury Vs. Chief Election Commissioner and others, 2011, 40 CLC (AD)
.... plain excess of power; it also governs abuse of power, as where something is done unjustifiably, for the wrong reasons or by the wrong procedure. In law the consequences are exactly the same; an improper motive or a false step in procedure makes an administrative act just as illegal as does a f...... (Civil) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J SK Sinha J Mahbub Ahmed Chowdhury.......................Petitioner Vs. Chief Election Commissioner and others..........Respondents Judgment January 23, 2011. Result: Civil Petit......e unjustifiably, for the wrong reasons or by the wrong procedure. In law the consequences are exactly the same; an improper motive or a false step in procedure makes an administrative act just as illegal as does a flagrant excess of authority. Unless the courts are able to develop doctrines of t..Category: Constitutional Law | Date: 23 Jan, 2011 | Hits: 11
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