Search Options
Judgment Advanced Search
Displaying 521-540 of 5586 results.
Md. Hamiduzzaman Vs. Joint District Judge, Artha Rin Adalat, Faridpur and others, 2011, 40 CLC (HCD)
....10 of 2004) issuing certificate of title in favour of the decree holder-bank under section 33(7) of the Artha Rin Adalat Ain, 2003 (herein after referred to ‘the Ain’) in respect of the mortgaged property. 2. Facts leading to this writ petition, in short, are that Islami Bank Bangladesh Ltd......t: 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 Rule is disc......m, Advocates-For the Petitioner. Mrs. Fowzia Karim Firoze - For the Respondents. Writ 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...Category: Banking Law | Date: 20 Jan, 2011 | Hits: 233
Mirza Ahsan Habib Vs. Judge, Artha Rin Adalat, Khulna and another, 2011, 40 CLC (HCD)
....isposed of on 4.8.2005 by issuing a certificate under section 33(5) of the Ain in favour of the decree holder-bank (vide annexe: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 sellin......nt: Nazmun Ara Sultana J Md. Ruhul Quddus J Mirza Ahsan Habib………………………………………………………Petitioner Vs. The Judge, Artha Rin Adalat, Khulna and another………....Respondents Judgment January 19, 2011. Result The Rule i......on 28 (3) 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 Rahman Miah, ..Category: Banking Law | Date: 19 Jan, 2011 | Hits: 305
StateVs. Noor Islam and others, 2011, 40 CLC (HCD)
....n retracted confession, if it is inculpatory and found to be voluntary and true. It has been further contended that prolonged Police custody immediately preceding the confession is sufficient, if not properly explained, to find the confession as involuntary. In the case of Abdur Rouf and others vers......CD) (2011) 141.......Procedure as he was absconding. At this stage, all the condemned prisoners except the absconding accused Aaizel @ Aazu @ Azizul Haque @ Azizur have said that they are quite innocent and that Police illegally arrested them in connection with this case and by inflicting physical torture and showing th..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)
....ced visits should be made randomly to all schools. It was suggested that the aim of the school inspection should not only be to oversee the educational achievement of the school, but also to ensure a proper, healthy conducive educational atmosphere in all schools. 12. On 25.10.2010 respondent No......ildren, whether by parents or schools. ......ing by the framing of necessary laws/guidelines, or to investigate such allegations, or to prosecute and punish those found responsible, should not be declared to be without lawful authority or of no legal effect and/or unconstitutional being in violation of the fundamental rights guaranteed under A..Category: Women and Children | Date: 13 Jan, 2011 | Hits: 248
State Vs. Alam, 2011, 40 CLC (HCD)
....ene are found to have been a bane for the prosecution case in this regard. Emerging from that exercise of the prosecution is rather the spectra of a concocted and contrived prosecution case that upon proper scrutiny is found deficient in establishing the culpability of the condemned-prisoner without...... Alam......................................................Condemned-Prisoners Judgment January 11, 2011. Cases Referred to- Dilawar Singh Vs. State of Delhi, AIR 2007 (SC) 3234 and Thulia Kali Vs. The State of Tamil Nadu, AIR 1973 (SC), 501; State of Maharashtra Vs. Raju Bhask...... 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)
....h embodied all the necessary provisions of Hindu Law and thereby promulgated all rules of the law of marriage or custom or usage having the force of law in respect of all these matters which are properly dealt with in the Act of 1955. The Hindu Marriage Act, 1955 supersedes any other law contai...... is also Reported in: 66 DLR (AD) (2014) 104. ....... It is a sacrament for the purification of the body from inherited taint. It is not a contract. Of course the marriage is necessarily the basis of social organization and the foundation of important legal rights and obligations. Codification of Hindu Law In view of the modern social dimen..Category: Family Law, Hindu Law | Date: 6 Jan, 2011 | Hits: 15
....nce successfully proved their case for recovery of the present outstanding loan with interest of the
Respondents as on 1-1-1984 amounting to Taka 63, 54, 326.33.
26. We also think it a proper case for awarding compensation for violation of contract by the respondents. In Sonali B......ue CJ
Md. Muzammel Hossain J
SK Sinha J
Bangladesh Shilpa Rin Sangstha (BS-RS)...............Appellant
Vs.
She Shipping Judgment Lines Limited and others............Respondents
Judgment
December 13, 2010.
Result:
The ......ms against us or as to your loans and we hereby confirm that we shall continue to repay your loans till liquidation thereof in terms of the Loan Agreement irrespective of any out come /result of such legal actions proceedings,
6. This undertaking is additional and nothing/herein contained shall..
Category: Business or Commercial Law, Labour and Industrial Law | Date: 13 Dec, 2010 | Hits: 10
Mahfuzur Rahman and another Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....dmark case of Ridge Vs. Baldwin 1964 AC 40. But even before this decision, the Rules of natural justice were being applied in our country to administrative proceedings, which might affect the person, property or other rights of the parties concerned in the dispute. In all proceedings by whomsoever h...... ......entiae' under Section 21 of the General 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, a..Category: Administrative Law | Date: 9 Dec, 2010 | Hits: 2
Nazrul Islam Talukder (Md.)Vs. Bangladesh & another, 2010, 39 CLC (HCD)
....utiny it is found that the petitioner does not have requisite qualification for being licenced as a Nikah Registrar. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 87. ......llip;.........Respondents Judgment December 6, 2010. Result: The Rule is made absolute. Issuance of Nikah Registrar licence on regular basis Rule 5A of Muslim Marriages and Divorces (Registration) Rules, 1975 provides that, a person acting for at least three years as N......r Rule 5A. In the affidavit-in-reply it has been contended that the petitioner has been exonerated from the charge to act beyond his territonal jurisdiction. Therefore, the respondents are under legal obligation to issue permanent Nikah registry licence to the petitioner in respect of the afore..Category: Family Law | Date: 6 Dec, 2010 | Hits: 9
Syed Wahid Iqbal Vs. Bangladesh, 2010, 39 CLC (AD)
....not require any interference by this Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 308; 21 BLT (AD) (2013) 309. ......ain J SK Sinha J Syed Wahid Iqbal.................................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Local Government, Rural Development and Co-operative Division-5 Bangladesh Secretariat and others............................................tive Bank Limited in accordance with law; that the Election Committee so-formed by the District Co-operative Officer was valid and, as such, the holding of election by that Election Committee are legal and valid. 4. A Division Bench of the High Court Division after hearing both the parties..Category: Civil Law | Date: 6 Dec, 2010 | Hits: 5
Hasna Ahmad Vs. State and another, 2010, 39 CLC (HCD)
....ngladesh. She is a Director of Bastu Shilpi Group of Companies, a conglomerate of 6(six) companies. However, a tender notice was published in the Daily Ittefaq on 23-6-2004 for sale of numerous RAJUK properties. In response to that tender notice, she submitted a bid to purchase the case property bei......Present: Moyeenul Islam Chowdhury J AKM Abdul Hakim J Hasna Ahmad……………………………Petitioner Vs. State and another……………………………O......of abetment against her at the trial. 15. Mr. Md. Khurshid Alam Khan next submits that in the facts and circumstances of the case, it transpires that the tender process was manipulated to give illegal benefit to the beneficiaries including the petitioner in collusion with some public functionar..Category: Anti-Corruption Laws | Date: 1 Dec, 2010 | Hits: 189
....ng days without fail upon receipt of the copy of this judgment. There will be no order as to costs.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 191
...... J
Sheikh Hassan Arif J
Shafiqul Islam (Md.)………………...........Petitioner [In both Writ Petitions]
Vs.
The Commissioner of Customs, Excise and VAT Rajshahi and others........Respondents
Judgment
November 11, 2010.
Result:
......g the goods in question purchased by the petitioner..
When there is no dispute that the goods have been imported as duty free item and not restricted or prohibited item, there cannot be any legal reason for continued seizure of the same merely because those were found abandoned near a RAB ..
Category: Fiscal/Taxation Law | Date: 11 Nov, 2010 | Hits: 3
....ng days without fail upon receipt of the copy of this judgment. There will be no order as to costs.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 191
...... J
Sheikh Hassan Arif J
Shafiqul Islam (Md.)………………...........Petitioner [In both Writ Petitions]
Vs.
The Commissioner of Customs, Excise and VAT Rajshahi and others........Respondents
Judgment
November 11, 2010.
Result:
......g the goods in question purchased by the petitioner..
When there is no dispute that the goods have been imported as duty free item and not restricted or prohibited item, there cannot be any legal reason for continued seizure of the same merely because those were found abandoned near a RAB ..
Category: Fiscal/Taxation Law | Date: 11 Nov, 2010 | Hits: 5
Fatema Begum Vs. The Artha Rin Adalat, Narayangonj and others, 2010, 39 CLC (HCD)
....ag No. 459 under Mouza Dewbhoge of Police Station and District Narayanganj (more particularly described in schedule-1 of the writ petition). The petitioner, her brother and sisters inherited the said property after the demise of their father Dudu Mian and have been enjoying and possessing the same f......iginal Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Fatema Begum…………………………………………...Petitioner Vs. The Artha Rin Adalat, Narayangonj and others….............. Respondents Judgment November 11, 2010. Cases Referred to- V......Artha Rin Adalat to pass necessary order to meet the ends of justice and therefore, the impugned order rejecting the petitioner’s application without deposition of 25% of the deccretal amount was illegal and without lawful authority. 8. He also submitted that the plaint in the mortgage suit wit..Category: Banking Law | Date: 11 Nov, 2010 | Hits: 14
Ms. Syeda Rizwana Hasan Vs. Bangladesh and others, 2010, 39 CLC (AD)
....t and planned future conÂditions, to accomplish as far as possiÂble the most appropriate uses of the land consistent with the public interÂest and the safeguarding of the interÂests of individual property owners. A municipality may establish a comÂprehensive land-use plan and effectuÂate that ......e Division (Civil) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Ms. Syeda Rizwana Hasan...............................Appellant Vs. Bangladesh and others...................................Respondents Judgment November 8, 2010. Result......tion as PIL it is to be seen that where there is undoubtly public injury by the act or omission of the functionary of the State or a local authoriÂty or public authority or executive excess causes a legal injury to a specific class or group of individuals or a public injury or public wrong or infra..Category: Environmental Law | Date: 8 Nov, 2010 | Hits: 258
Shanik Chandra Barmon Vs. State and another, 2010, 39 CLC (HCD)
....e No.54 of 2008 under section 408 of the Penal Code, now pending in the Court of Senior Judicial Magistrate, Nilphamari, 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 proceedings of the above mentioned CR Case ......6 DLR (HCD) (2014) 114 ......ed money of the Bank dishonestly. Therefore, the allegation attracts the ingredients of the offence under sec-tion408 of the Penal Code. In such view of the-matter, the case was maintainable. But the legal position is that an offence under section 408 has been inserted as a schedule offence of the D..Category: Anti-Corruption Laws, Criminal Law | Date: 2 Nov, 2010 | Hits: 5
Redwan Ahmed Vs. Bangladesh, 2010, 39 CLC (HCD)
....il already granted to him by this Division. The order of stay granted earlier by this Court is hereby vacated and recalled. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 70. ......Result: The Rule is discharged. Cases Referred to- Md. Nazimuddin Chairman Vs. Government of Bangladesh, 61 DLR 2009 81; 21 BLD (AD) 10; ACC Vs. Mohiuddin Khan Alamgir, 62 DLR (AD) 290 and 295; Habibur Rahman Mollah Vs. the State, 62 DLR (AD) 233; and Md. Nazimuddin Chairman Vs. Gover......ount of Taka 50 lakh to the Council. The audit authority recommended for taking appropriate action against the accused persons but no action was taken by the Council Authority to cover up their own illegal act. Upon above allegations Ramna Police Station Case No.40 dated 15-2-2007 under section 409 ..Category: Anti-Corruption Laws | Date: 25 Oct, 2010 | Hits: 211
British American Tobacco Bangladesh Company Ltd. Vs. Begum Shamsun Nahar, 2010, 39 CLC (AD)
....re the relief claimed is undervalued and the plaintiff on being required by the Court to correct the valuation within a time to be fixed by the Court fails to do so; (c) where the relief claimed is properly valued, but the plaint is written upon paper insufficiently stamped, and the plaintiff, on......d............Petitioner Vs. Begum Shamsun Nahar.......................Respondent Judgment October 13, 2010. Result: The leave petition is dismissed. Words and phrases Sexual harassment in employment Sexual harassment in employment may be terme......dings and obserÂvations we do not find any merit in the leave petiÂtion. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 80. ..Category: Women and Children | Date: 13 Oct, 2010 | Hits: 21
Deen Mohammad Vs. Bangladesh Bank and others, 2010, 39 CLC (HCD)
....ed without lawful authority and is of no legal effect and ultra vires section 17(6) of the Bank Company Act, 1991 and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. In short, the case of the petitioner for the purpose of disposal of the Rule is as f......l Original Jurisdiction) Present: Md. Anwarul Haque J Syed Abu Kowser Md. Dabirushshan J Deen Mohammad………………...................Petitioner Vs. Bangladesh Bank and others………………….Respondents Judgment October 12, 2010. Result: T......No. BRPD(R-2)651/9(3) Kha/2009 dated 24-3-2009 under the signature of respondent No.3 (Annexure-A to the writ petition) shall not be declared to have been issued without lawful authority and is of no legal effect and ultra vires section 17(6) of the Bank Company Act, 1991 and/or such other or furthe..Category: Banking Law | Date: 12 Oct, 2010 | Hits: 423
Ayub Ali Sheikh alias Buna Vs. State, 2010, 39 CLC (HCD)
....arker, the learned Deputy Attorney General and Ms. Yeasmin Begum Bithi, the learned Assistant Attorney General, appearing for the state firstly submits that, the Tribunal has given the judgment after proper assessment of the deposition of the prosecution witÂnesses and that there is no lacuna in th......Premsing, 2009 CrLJ (SC) 786; Sheikh Zakir Vs. State of Bihar, AIR 1983 (SC) 911; Al-Amin Vs. State 51 DLR 154. Lawyers Involved: Alhaj ABM Nurul Islam, Senior Advocate with Md. Giasuddin Ahmed and Elida Yeasmin, Advocates-For the Appellants. Md. Mosharraf Hossain Sarder, Deputy Attorney-Ge...... Judgment Mr. Hasan J.- This appeal under section 28 of Nari-o-Shishu Nirjatan Daman Ain, 2000 (Ain) has been preferred by the Convict-Appellant namely Mr. Ayub Ali Sheikh @ Buna, challenging the legality and propriety of the judgment and order dated 18-2-2008 passed by the learned Judge Nari-o-..Category: Women and Children | Date: 11 Oct, 2010 | Hits: 154
48774874690353035416872990479401877385607998940794065647850893537806869872905943