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Promoda Sundari Sen Kalyan Trust Vs. Momtaz Zafar Ahmed and Others, 2011, 40 CLC (HCD)
....lower Court's record be sent down at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 53 ......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 ......f the Code of Civil Procedure for rejection of the plaint stating, inter-alia, that the defendant No. 7 as plaintiff instituted Artha Rin Suit 771 of 2004 before the Artha Rin Adalat No. 1, Dhaka for recovery of its outstanding dues amounting to Taka 60,61,540 against the Grameen Samaj Kendra which ......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 ..Category: Banking Law | Date: 9 Feb, 2011 | Hits: 2
Nazim Uddin Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....and others ………………….................Respondents Judgment February 9, 2011. Result The Rule is discharged. Lawyers Involved: Mohammad Imran Jahangir, Advocate-For the Petitioner Not represented- the respondents. Writ petition No. 6773 of 2010. ......shed to sell third party’s mortgaged property without sale of hypothecated movable property of the borrower. In view 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 Cas......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: ..Category: Banking Law | Date: 9 Feb, 2011 | Hits: 162
Sohrab Hossain (Md.) & others Vs. State & another, 2011, 40 CLC (HCD)
....ion (Criminal Miscellaneous Jurisdiction) Present: Md. A Wahhab Miah J Md. Khasruzzaman J Sohrab Hossain (Md.) & others......................Petitioners Vs. State & another.............................................Opposite-Parties Judgment Fe......oviso to sub-section (1) of section 138 of the Act it is apparent that the "Drawee", the "Payee" and the "Drawer" are the parties who shall meddle in the matter from the time of issuance of the cheque and up to the failure of the "Drawer" to make the payment o...... 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. ..Category: Others | Date: 3 Feb, 2011 | Hits: 4
Aslam Khan Vs. Artha Rin Adalat, Moulvibazar and another, 2011, 40 CLC (HCD)
....ginal Jurisdiction) 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......learned Advocate appearing for the petitioner at the very out set honestly admits that he has not a very good case on merit as the petitioner did not approach the bank by filing an application within time to get the benefit of the above mentioned circular. The learned Advocate, however, prays for a ......ing out of Artha Rin Suit No. 3 of 1994). 2. Petitioner’s case, in short, is that Sonali Bank Ltd, Bhairabganj Bazar Branch, Moulvibazar as plaintiff instituted Artha Rin Suit No.3 of 1994 for recovery of loan amounting to Taka 1,25,844/- only. Ultimately the suit was decreed on 11.3.1995 and...... 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: ..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)
.... (Special Original 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. Resu......ousand 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 to pay the decretal amount in favour of the decree holder-bank. As the ......ey. 2. 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 a......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: ..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)
.... Registrar of Trade Marks, Dhaka immediately. Nazmun Ara Sultana J.- I agree. This Case is also Reported in: 18 BLC (HCD) (2013) 44. ...... an application on form T.M-15 within one month from communication of the decision. On receipt of the grounds, the appellant would present the memo of appeal before the High Court Division within the time as prescribed in rule 84……..................(8) Decision of Registrar no bar......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. ..Category: Intellectual Property Law | Date: 30 Jan, 2011 | Hits: 183
Mosharraf Hossain (Md.) and others Vs. Akhtar Hossain, 2011, 40 CLC (HCD)
.... Pushpa Rani Saha Fodder Vs. Rash Mohan Saha being dead his heirs, Kartick Chowdhury Saha and others, 10 MLR (AD) 345; Abdul Jalil Vs. Islami Bank Bangladesh Limited, 53 DLR (AD) 12; Nizamuddin Vs. State, 30 DLR 49. Lawyers Involved: Md. Nazrul Islam, Advocate - For the Appellants. Md......s comÂpleted in 1988 fulfilling the three conditions of law as such unless there been a trial it cannot be said that it was not perfect, as from 1988, upto 2004, it is more than 21 years and by this time the oral gift as was made is validated by factum valet. 13. On the question whether the p......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.......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...Category: Property Law | Date: 27 Jan, 2011 | Hits: 95
Nasirul Islam Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....ngladesh and others ……………….........Respondents Judgment January 27, 2011. Result The Rule is discharged. Lawyers Involved: Shaikh Atiar Rahman, Advocate-For the Petitioners. Md. Mozibur Rahman Miah, Advocate-For the Respondent. Writ Petiti...... 8. In view of the above we hold that the present writ petition is not maintainable. Accordingly the Rule is discharged without any order as to costs. The order of stay granted earlier at the time of issuance of the Rule is hereby vacated. The petitioner is permitted to take back his or......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: ......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: ..Category: Banking Law | Date: 27 Jan, 2011 | Hits: 172
Md.Hasanul Islam Hanif Vs. State, 2011, 40 CLC (HCD)
.... Division (Criminal Miscellaneous Jurisdiction) Present: Syed Mahmud Hossain J Md. Nazrul Islam Talukder J Md.Hasanul Islam Hanif.................Petitioner Vs. State............................................Opposite-Party Judgment January 26, 2011. ......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. ......t prove the case by adducing reliable and satisfactory evidence. He next submits that no seizure list witnesses in whose presence the arms and bullet were recovered were examined to prove the alleged recovery of arms and bullet from the exclusive control and possession of the petitioner and that the......ignature of the witnesses on it. On interrogation, the petitioner disclosed his name as Hasanul Islam Hanif alias Galcuta Hanif. However, the petitioner could not show any valid paper for keeping the arms and bullet in his possession. Hence, the FIR was lodged against the petitioner under sections 1..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)
....€¦â€¦â€¦â€¦â€¦â€¦.....Respondents Judgment January 26, 2011. The Bank Companies Act, 1991 (Act No. XIV of 1991) Section 44 read with Section 45(C) Mere inaction of a functionary of the state or of a local authority is not open to challenge under writ jurisdiction, unless it comes within......vely as respondent Nos.2 and 3 have appeared by filing two separate powers, but have not filed any affidavit-in-opposition. The City Bank Ltd. as respondent No.2, however, has opposed the Rule at the time of hearing. 5. Mr. Shamsuddin Babul, the learned Advocate appearing for the petitioner suppo...... 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: ...... 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: ..Category: Banking Law | Date: 26 Jan, 2011 | Hits: 185
....CD) (2011) 324, 18 BLC (HCD) (2013) 290.
......desh and Nepal for public sexual harassment, street harassment or molestation of women by men.
Whatever may be the real meaning, the word ‘eve teasing’ in our country has in the mean time attained notoriety to such extent that demands are abound even to change the term itself so tha......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)
....igh Court Division. Accordingly, the Civil Petition for Leave to Appeal is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 283. ......by the Government. The competence of a Parliament to enact any law is to be determined with reference to the constitutional provisions in respect of the power of the Parliament as they exist at the time of enactment of the law…………….(39) Ultra Vires The word "ultra" means ......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. ......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. ..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)
....) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Md. Hamiduzzaman……………………………………..... Petitioner Vs. The Joint District Judge, Artha Rin Adalat, Faridpur and others….... Respondents Judgment January 20, 2011. Result The......rough mutual compromise, but failed. Ultimately the learned Judge of the executing Court allowed the said application by order dated 1.7.2009. The judgment debtor filed an application on 5.7.2009 for time to pay all outstanding dues and in the meantime to postpone issuance of the certificate. ....... 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 hundr......e may be, which have been deposited by them in favour of the decree holder-bank after issuance of the certificate. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..Category: Banking Law | Date: 20 Jan, 2011 | Hits: 233
StateVs. Noor Islam and others, 2011, 40 CLC (HCD)
....s more each. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 141.......aw garden. At 9-30 P.M., on that very night on 31.10.2002, accused, Noor Islam reached home and misinformed that the terrorists snatched away his wife, Shilpi Khatun from him on his way home. At that time the accused, Noor Islam feigned to be physically ill. On the basis of that misinformation, 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.......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)
.... Bangladesh Legal Aid and Services Trust (BLAST), represented by its Deputy Director (Legal Aid), Farida Yeasmin and another…………….........Petitioners Vs. Secretary, Ministry of Education, Bangladesh Secretariat, Dhaka and others.......................................Respondents ......li J. - Children are the ‘apples of their parents’ eyes’. All over the world, childless parents crave for them and the lucky ones who have children dote over them and yet it seems there comes a time when the parents impose all sorts of punishment upon their children either directly or indirect...... 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)
.... Send down the Lower Court Records. Communicate this Order at once. Ed. This Case is also Reported in: 16 BLC (2011) 816. ......osition that the body had been brought down from its suspended position and placed in the verandah, the sequential link pertaining to who may have actually so strung the body up and again and at what time may have brought it down remains unexplained by witÂnesses, unrecorded in the records and unco......er and Amanat and finally succumbed to strangulation by the former. Later both allegedly fled the scene of occurÂrence upon a hue and cry raised by eyewitness. The PW 6 further suggests the eventual recovery of the body from that position thus: “তাহার বসত ঘরের খোà...... 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)
....e 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. ......nize 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 issues of the marriage are also sometime disowned by the male partner to be the legitimate offspring of their wed-lock and, as such, the......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. ......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
....lculated at the rate of bank interest prevalent at the time of the institution of the suit.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 66.
......ur of the respondent No, 5. Accordingly, the appellant paid money to the respondent No.5. Initially Taka 14,00,000 (fourteen lakh) was paid. P.W.1 in cross-examination further stated that at the time of payment of second installment amounting to Taka 28,00,000 (twenty eight lakh) they advi......said discussions and findings we are of the view that the appellant as petitioner in the miscellaneous case by adducing both oral and documentary evidence successfully proved their case for recovery of the present outstanding loan with interest of the
Respondents as on 1-1-1984 amount......rther compensation calculated at the rate of bank interest prevalent at the time of the institution of the suit.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 66.
..
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)
....t Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J SM Emdadul Hoque J Gulshan Club Ltd…………………………Petitioner Vs. Chairman, National Board of Revenue and another…………………………..Respondents Judgment D......is Memorandum of the Company and no portion thereof shall be paid or transferred, directly or indirectly by way of dividend or bonus or otherwise, howsoever by way of profit to the persons who at any time are or have been members of the Company or to any of them or to any persons claiming through an......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. ......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)
....eral Clauses Act- The authority competent to make an order has the power to undo the same; but the order cannot be withdrawn or rescinded once it has taken legal effect and certain rights are created in favour of any individual. The power to add to, amend, vary or rescind available under S......y;demic session-2004. By having recourse to fraud and forgery, they succeeded in getting themselves admitted to BSc, Agriculture (Hons.) course in the Faculty of Agriculture of the university. At the time of their admission, the alamats of fraud and forgery could not be detected. Anyway, a six-membe...... 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
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