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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 ......petition made on 24th April, 2003 that the suit was disposed of on 27th February, 1997 and thereafter, the defendants did not repay the total amount as per direction of the Adalat and as such, with a view to sell the mortgaged property on auction, a final decree should be drawn up. The preliminary d..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].
...... workers are employed for the management of an industry. She submits, therefore, that the persons working inside the house in exchange for payment either cash or in kind, are totally excluded from purview of the existing Labour Act. She submits that it cannot be denied that persons engaged as worker..
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: ......ocedure is not necessary before issuance of warrant of arrest in an execution case under the Ain (reliance placed on 13 BLC, 391; 14 BLC, 107 and 716). In some other cases we have also taken the same view. 8. In view of the above, the learned Judge of the executing Court has committed no illega..Category: Banking Law | Date: 10 Feb, 2011 | Hits: 192
Promoda Sundari Sen Kalyan Trust Vs. Momtaz Zafar Ahmed and Others, 2011, 40 CLC (HCD)
....fore this Court and obtained the present Rule. 9. Mr. Abdul Quayum, the learned Advocate appearing for the petitioner submits that both the Courts below under misconception of law and facts most erroneously arrived at a finding that the suit is impliedly barred by section 20 of the Ar......ent injunction in respect of the suit property as described in the schedule of the plaint; which already have been sold in auction in the proceedings of the Execution Case No. 368 of 2004 and in that view of the matter both the Courts below rightly arrived at a concurrent finding that the suit is im..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: ...... examined the writ petition as well as the impugned auction notice. It appears from the impugned auction notice that the date for auction was fixed on 11.8.2010, which expired long before and in that view of the matter the writ petition has become infructuous. More so, the Rule is directed against a..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. ......er Ali Vs. State reported in 46 DLR (AD) 67, and also in other case decisions reported in 17 BLD (AD) 44 =2 BLC (AD) 16, 36 DLR (AD) 14 and 28 DLR (AD) 38, should be followed in this case. In such view of the matter, we hold the view that there is no acceptable ground for quashing the impugned pr..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. ......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. 6. In view of the converse submissions of the learned Advocate for the petitioner and the learned Deputy A..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: ...... reported in 54 DLR 239. 6. On the other hand, Mr. Joynul Abedin, the learned Advocate appearing for added respondent Nos. 5-7, submits that the execution case in question is well within time in view of section 29 of the Artha Rin Adalat Ain, which provides that the limitation for filing an exe..Category: Banking Law | Date: 2 Feb, 2011 | Hits: 175
Md. Tota Howlader Vs. State, 2011, 40 CLC (HCD)
....f the appellant if he misuses the privilege of bail in any manner what so ever. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 355.......ribunal, Barisal. 2. Facts, in brief are that on 11-06-2010 at 4.00 pm. a minor daughter of informant named Liza (14) was abducted in absence of the inmates by the appellant and two others, with a view to marry her, against her will. Having unsuccessful searched the victim, the informant lodged t..Category: Women and Children | Date: 1 Feb, 2011 | Hits: 178
Shamsunnur Rahman Vs. State, 2011, 40 CLC (HCD)
.... In view of the foregoing narrative the petition of appeal is rejected. Office is directed to communicate the judgment and order at once. Ed. This Case is also Reported in: 16 BLC (2011) 895.......very circumstances appearing in evidence against him. Therefore the appellant has the ample opportunity to adduce those witnesses in his defence evidence. Thus the appeal having no merit fails. In view of the foregoing narrative the petition of appeal is rejected. Office is directed to communi..Category: Women and Children | Date: 31 Jan, 2011 | Hits: 127
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. ...... intending appellant should apply for getting the grounds of decision on form T.M-15 to the Registrar of Trade Marks within one month from communicating the impugned decision. In the present case a review petition was pending, for which the applicant could not apply to the Registrar on form T.M-15 w..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)
....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. ......he 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 follows: “২৮। জারীর জà¦..Category: Banking Law | Date: 29 Jan, 2011 | Hits: 2
Mosharraf Hossain (Md.) and others Vs. Akhtar Hossain, 2011, 40 CLC (HCD)
....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.......rovision of law in rejecting the plaint. 9. Let us now consider the application filed under Order VII Rule 11 of the Code of Civil Procedure. On a reading to the application it is our considered view that the statements made therein requires evidence to settle and when evidence is required, pla..Category: Property Law | Date: 27 Jan, 2011 | Hits: 95
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: ......ition, is declared by a competent civil Court in his favour against the decree holder bank as well as the judgment debtor, he can not get any relief only by challenging the auction notice. 8. In view of the above we hold that the present writ petition is not maintainable. Accordingly the Rule i..Category: Banking Law | Date: 27 Jan, 2011 | Hits: 172
Md.Hasanul Islam Hanif Vs. State, 2011, 40 CLC (HCD)
....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. ...... Islam Hanif.................Petitioner Vs. State............................................Opposite-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 witn..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)
.... 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: ......r the Bangladesh Bank is under legal obligation to make an inspection/investigation into allegations against a private bank and take necessary action at the instance of an individual depositor. In view of the above, we do not find any substance in the Rule. Accordingly the Rule is discharged, ..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.
......ect and safeguard the rights of the women and girls in our society in their homes and on their way to and from educational institutions/schools/colleges and other public places wherever necessary. In view of the horrific turn of such events as highlighted in the writ petition, this court, upon heari..
Category: Women and Children | Date: 26 Jan, 2011 | Hits: 246
Mahbub Ahmed Chowdhury Vs. Chief Election Commissioner and others, 2011, 40 CLC (AD)
....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. ......12 (3a) of the aforesaid order cannot be derogative to Articles 66 and 124 of the Constitution of the People's Republic of Bangladesh and thereby the High Court Division has taken a partisan view of the whole matter based on a prejudicial and wrong presumption about an independent candidat..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)
....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: ......id not take any step whatsoever on the next date, as a result the executing Court by order dated 6.9.2009 rejected the application dated 5.7.2009, which appears to have been rightly done. 11. In view of the above, we do not find any substance in the Rule. Accordingly the Rule is discharged, how..Category: Banking Law | Date: 20 Jan, 2011 | Hits: 233
Mirza Ahsan Habib Vs. Judge, Artha Rin Adalat, Khulna and another, 2011, 40 CLC (HCD)
....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: ......he 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 follows: “২৮। জারীর জনà§..Category: Banking Law | Date: 19 Jan, 2011 | Hits: 305
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