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Golden Re-Rolling Ind. Ltd Vs. Sub Judge, Artha Rin Adalat No. 1 Dhaka & anr, 2008, 37 CLC (AD)

.... Present: Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Golden Re-Rolling Indus­tries Ltd............Petitioner Vs. Subordinate Judge, Artha Rin Adalat No. 1 Dhaka & another.......Respondents Judgment February 5, 2......esent: Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Golden Re-Rolling Indus­tries Ltd............Petitioner Vs. Subordinate Judge, Artha Rin Adalat No. 1 Dhaka & another.......Respondents Judgment February 5, 2007. ......t: Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Golden Re-Rolling Indus­tries Ltd............Petitioner Vs. Subordinate Judge, Artha Rin Adalat No. 1 Dhaka & another.......Respondents Judgment February 5, 2007. ......51 of the Code of Civil Procedure where an alternative remedy exists ……….(6) Case Referred to- Shahidur Rahman Majumder (Md) Shahidullah Majumder vs. Sahirunnessa and others, 1 BLC (AD) 43. Lawyers Involved: Enayet Hussain Khan, Advocate, instr..

Category: Civil Law | Date: | Hits: 115

Harun-or-Rashid (Md.) Vs. Pubali Bank Ltd. and others, 2008, 37 CLC (AD)

....hers ................Respondents Judgment August 1, 2007. The Constitution of the People’s Republic of Bangladesh, 1972, Article 102 The Artha Rin Adalat Ain, 1990, Sections 6(1) and 7 An interlocutory order of the Artha Ri.....................Respondents Judgment August 1, 2007. The Constitution of the People’s Republic of Bangladesh, 1972, Article 102 The Artha Rin Adalat Ain, 1990, Sections 6(1) and 7 An interlocutory order of the Artha Rin Adal.................Respondents Judgment August 1, 2007. The Constitution of the People’s Republic of Bangladesh, 1972, Article 102 The Artha Rin Adalat Ain, 1990, Sections 6(1) and 7 An interlocutory order of the Artha Rin Adalat i......im J Md. Tafazzul Islam J Md. Joynul Abedin J Harun-or-Rashid (Md.)...........................Appellant Vs. Pubali Bank Ltd. and others ................Respondents Judgment August 1, 2007. ..

Category: Banking Law | Date: | Hits: 157

State Vs. Md. Liton Miah @ Babu, 2008, 37 CLC (AD)

....o warrant our interference. This petition is also barred by 30 (thirty) days and the explanation for condonation is not satisfactory. Accordingly, this petition is dismissed. Ed. ......o warrant our interference. This petition is also barred by 30 (thirty) days and the explanation for condonation is not satisfactory. Accordingly, this petition is dismissed. Ed. ......5 of 1999 corresponding of Pallabi Police Station Case No. 46 dated 28-8-1998 as well as G.R. Case No.2548 of 1998 now pending for trial in the Court of learned Nari-O-Shishu Nirjatan Daman Bishesh Adalat, Dhaka. 2. The prosecution case, in brief, is that one Mr. Yunnus Ali, the father of......by Md. Ahsan Ullah Patwary, Advocate-on-Record- For the Petitioner Not represented- For the Respondent Criminal Petition for Leave to Appeal No. 81 of 2001. (From the judgment and order dated 29- 3-2001 passed by the High Court Division in Criminal Appeal No.2625 of 2000) ..

Category: Criminal Law | Date: | Hits: 44

Md. Golam Mostafa alias Gholam Mostafa and others Vs. State, 2005, 34 CLC (AD)

....sidera­tion. Preparation of paper book is dis­pensed with as prayed for. Let the order of stay granted earlier be extended for further 6(six) months from date. Ed. ......sidera­tion. Preparation of paper book is dis­pensed with as prayed for. Let the order of stay granted earlier be extended for further 6(six) months from date. Ed. ......vision Bench of the High Court Division in Criminal Appeal No. 5449 of 2001 dismissing the appeal and affirming the order dated 20.8.2001 passed by the learned Nari-o-Shishu Nirjaton Daman Bishesh Adalat No.3 at Naogaon framing charges against the accused peti­tioners under sections 9 (Kha) ...... Appellate Division (Civil) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Golam Mostafa alias Gholam Mostafa and others..............Petitioner Vs The State...............................Respond..

Category: Criminal Law | Date: | Hits: 29

Sonali Bank Vs. Md. Sirajul Hoque Chowdhury and others, 2006, 35 CLC (AD)

....n passed in Civil Order No. 1383 of 1997 rejecting the revisional application summarily. The revisional application was filed against the order dated 19.2.1997 of the Court of Subordinate Judge and Artha Rin Adalat, Jessore allowing an application filed under Order 1, Rule 10(2) of the Code of Ci......ed in Civil Order No. 1383 of 1997 rejecting the revisional application summarily. The revisional application was filed against the order dated 19.2.1997 of the Court of Subordinate Judge and Artha Rin Adalat, Jessore allowing an application filed under Order 1, Rule 10(2) of the Code of Civil P......n Civil Order No. 1383 of 1997 rejecting the revisional application summarily. The revisional application was filed against the order dated 19.2.1997 of the Court of Subordinate Judge and Artha Rin Adalat, Jessore allowing an application filed under Order 1, Rule 10(2) of the Code of Civil Proce...... Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzal Islam J Sonali Bank..................................Appellant Vs Md. Sirajul Hoque Chowdhury and others…………….........Respondents Judgement June ..

Category: Banking Law | Date: | Hits: 129

Nur Mohammad Vs. Badruddoza Chowdhury and anr., 1990, 19 CLC (AD)

....erefore, this appeal is allowed and the judgment and order of the High Court Divi­sion is set aside without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 116 ......poses of clause (g), "specified bank" means the Sonali Bank, the Agrani Bank and the Janata Bank constituted un­der the Bangladesh Banks Nationalisation Order, 1972 (P.O. No. 26 of 1972), the Shilpa Rin Sangstha established under the Shilpa Rin Sangstha Order, 1972 (P.O. No. 128 of 1972), the Bangl......erefore, this appeal is allowed and the judgment and order of the High Court Divi­sion is set aside without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 116 ...... Chowdhury J Shahabuddin Ah­med J MH Rahman J ATM Afzal J Nur Mohammad............................………………………………………Appellant Vs. Badruddoza Chowdhury and another.....................................Respondents Judgment November 15, 1989. R..

Category: Election Law | Date: | Hits: 124

Moyezuddin and another Vs. State, 1977, 6 CLC (AD)

.... The appeal is dismissed. The appellants are directed to surrender to their bail bonds and serve out the remainder of the sentences. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 37. ...... The appeal is dismissed. The appellants are directed to surrender to their bail bonds and serve out the remainder of the sentences. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 37. ...... J Fazle Munim J Moyezuddin and another................Appellants Vs. The State................................Respondent Judgment December 7, 1977. Cases Referred to- Adalat Vs. The Crown, 41 956; 8 DLR (FC) 69, PLD 1956 (FC) 171. Lawyers Involved: Khandaker ......is Case is also Reported in: 31 DLR (AD) (1979) 37. ..

Category: Criminal Law | Date: | Hits: 41

Mustafizur Rahman Vs. Md. Amjad Hossain, 2006, 35 CLC (AD)

....ch of the High Court Division in Civil Revision No. 2214 of 1994 making the Rule absolute upon setting aside the judgment and decree dated January 30, 1994 of the Court of Joint District Judge and Artha Rin Adalat, Jessore in Title Appeal No. 301 of 1990 affirming those of dated October 21, 1990......the High Court Division in Civil Revision No. 2214 of 1994 making the Rule absolute upon setting aside the judgment and decree dated January 30, 1994 of the Court of Joint District Judge and Artha Rin Adalat, Jessore in Title Appeal No. 301 of 1990 affirming those of dated October 21, 1990 (in t......High Court Division in Civil Revision No. 2214 of 1994 making the Rule absolute upon setting aside the judgment and decree dated January 30, 1994 of the Court of Joint District Judge and Artha Rin Adalat, Jessore in Title Appeal No. 301 of 1990 affirming those of dated October 21, 1990 (in the l......ur Rahman....................Appellant vs Md. Amjad Hossain................Respondent Judgment October 24, 2005. Cases Referred to- Siddique Ahmed Chowdhury and others vs Gani Ahmed and others 33 DLR (AD) 1 = 1979 BSCR 375; Rokeya Khatun vs Alijan @ Alija..

Category: Property Law | Date: | Hits: 30

Geeta Rani alias Shamima Khatun Vs. Bangladesh, 1984, 13 CLC (AD)

....case as noticed before, the Government could not claim the property by escheat since the onus had not been discharged that Gouri Dasi died intestate without leaving any heir. Chanakaya laid down in Arthasastra that the estate of woman of the class taken by the King of escheat in the absence of he......as well as of the trial Court and the lower Ap­pellate Court is set aside and the suit is decreed. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 225. ......s followed the decision in Tara Munnee vs. Motee Buneance, 7S. DA. 273 and the principle were answered as follows:  "Following the opinion of the Pundit, the Suddar Deswanney Adalat held that the two prostitutes daughters were alone entitled to inherit what the prostitute ......rn in the womb of Gouri Dasi could only be denied by Gouri Dasi herself on the event of Geta Rani claiming herself as her daughter. Gouri Dasi treated Geta Rani as her daughter during her life time and now it is too late for any body else to challenge this fact. Provisions of section 92(a) have ..

Category: Property Law | Date: | Hits: 112

Dira Dockyard & Engineers Ltd. & ors Vs.Bangladesh Shilpa Rin Sangstha & ors, 1987, 16 CLC (AD)

....in Article 33 of the Order. For the reasons stated above, we are of the view that the appeal must fail. It is accordingly dismissed but there will, however, be no order as to costs. Ed. ......ury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Present: Dira Dockyard and Engineers Ltd. and others.... Appellants Vs. Bangladesh Shilpa Rin Sangstha & others…………Respondent Judgment July 14,......in Article 33 of the Order. For the reasons stated above, we are of the view that the appeal must fail. It is accordingly dismissed but there will, however, be no order as to costs. Ed. ...... (Civil) Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Present: Dira Dockyard and Engineers Ltd. and others.... Appellants Vs. Bangladesh Shilpa Rin Sangstha &..

Category: Business or Commercial Law | Date: | Hits: 100

Bengal Water Ways Ltd. and other Vs. Rahimuddin Ahmed and others, 1982, 11 CLC (AD)

....private limited Company more or less as a partnership. With these words I concur with the judgment delivered by my learned brother Masud, J. and dismiss the appeal with costs. Ed. ......and loss account of the company was neither audited nor submitted to the Board of Directors, that all assets and properties of the Com­pany were mortgaged to respondent No. 2. Bangladesh Shilpa Rin Sangstha, successor of the Pakistan Industrial Credit and Invest­ment Corporation (PICIC) t......private limited Company more or less as a partnership. With these words I concur with the judgment delivered by my learned brother Masud, J. and dismiss the appeal with costs. Ed. ...... Court Appellate Division (Civil) Present: Kemaluddin Hossain C.J Chowdhury A. T. M Masud J A.F.M. Abdur Rahman Chowdhury J Bengal Water Ways Ltd. and other.................Appellants Vs. Rahimuddin Ahmed and others……..

Category: Business or Commercial Law | Date: | Hits: 110

M/S. Bulbul Electric Market and others Vs. Rupali Bank Ltd. and another, 2006, 35 CLC (AD)

....le Bench of the High Court Division summarily rejecting the revisional application vide, Civil Order No. 2570 of 2001, affirming order dated 21-11-2000 passed by the Court of Subordinate Judge and Artha Rin Adalat No. 3, Dhaka acting as Executing Court in title Execution Case N0.4 of 1992 reject......ch of the High Court Division summarily rejecting the revisional application vide, Civil Order No. 2570 of 2001, affirming order dated 21-11-2000 passed by the Court of Subordinate Judge and Artha Rin Adalat No. 3, Dhaka acting as Executing Court in title Execution Case N0.4 of 1992 rejecting th......f the High Court Division summarily rejecting the revisional application vide, Civil Order No. 2570 of 2001, affirming order dated 21-11-2000 passed by the Court of Subordinate Judge and Artha Rin Adalat No. 3, Dhaka acting as Executing Court in title Execution Case N0.4 of 1992 rejecting the ap...... ..

Category: Banking Law | Date: | Hits: 112

Popular Biscuit Ltd Vs. Biximco Bremer Export Contor Brand, Repprecht Gmbh & ors, 2006, 35 CLC (AD)

.... Court Division in staying the suit can not be sustained. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 743. ......ust, 1988 the above respondents raised the plea that the appellant is liable to deposit an amount of D.M. 25,000/- as security before commencement of the arbitration proceeding as Bangladesh Shilpa Rin Sangstha (BSRS), in the meantime, invoked the performance guarantee; the respondent Nos.1 and ...... Court Division in staying the suit can not be sustained. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 743. ......in J M.M. Ruhul Amin J Md. Tafazzul Islam J Popular Biscuit Limited...........................................Appellant Vs. Biximco Bremer Export Contor Brand, Repprecht Gmbh and others.................. Respondents Judgment June 28, 200..

Category: Business or Commercial Law | Date: | Hits: 94

Superintendent Eng. (Dist), PDB, Jangalia,Comilla Vs. Madhumita Cinema Ltd. & ors, 2002, 31 CLC (AD)

....   Accordingly, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 170.  ......tricity bills for the period from 30-6-82 to 20-8-1982 which was charged under rate ‘B’ instead of rate ‘C’. Cinema Halls have been categorised as service industry by Shilpa Rin Sangstha from where the plaintiff took loan for ping up of the Cinema Hall.  ......   Accordingly, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 170.  ......nbsp;                 Superintendent Engineer (Distribution), Power Development Board, Jangalia,Comilla and others.………Appellants   Vs.   ..

Category: Fiscal/Taxation Law | Date: | Hits: 122

S. M. Iqbal Hossain Vs. Managing Director, I F I C Bank Ltd., 2006, 35 CLC (AD)

....that the High Court Division took a correct view in the matter and as such the impugned judgment does not call for our interference. The petition is, therefore, dismissed. Ed. ......that the High Court Division took a correct view in the matter and as such the impugned judgment does not call for our interference. The petition is, therefore, dismissed. Ed. ......that the High Court Division took a correct view in the matter and as such the impugned judgment does not call for our interference. The petition is, therefore, dismissed. Ed. ......ent: M. M. Ruhul Amin J Amirul Kabir Chowdhury J S. M. Iqbal Hossain................. Petitioner Vs. Managing Director, International Finance Investment and Commerce (IFIC) Bank Ltd. Head Office, Bangladesh Shilpa Bank Bhaban, 17-18 Floors, 8, RAJUK Av..

Category: Employment/Service Law | Date: | Hits: 78

M/S. Noor Crokaries and another Vs. Islami Bank Bangladesh Ltd. and others, 2006, 35 CLC (AD)

....ourt Division in rejecting the Writ-petition No.4063 of 2000 filed by the writ petitioner challenging the judgment and decree dated 30-5-2000 passed by the learned Subordinate Judge and Additional Artha Rin Adalat in Title Suit No.220 of 1999 decreeing the same. 2.  The facts, leadi......ivision in rejecting the Writ-petition No.4063 of 2000 filed by the writ petitioner challenging the judgment and decree dated 30-5-2000 passed by the learned Subordinate Judge and Additional Artha Rin Adalat in Title Suit No.220 of 1999 decreeing the same. 2.  The facts, leading to ......ion in rejecting the Writ-petition No.4063 of 2000 filed by the writ petitioner challenging the judgment and decree dated 30-5-2000 passed by the learned Subordinate Judge and Additional Artha Rin Adalat in Title Suit No.220 of 1999 decreeing the same. 2.  The facts, leading to this......vision (Civil) Present: Mainur Reza Chowdhury CJ Mohammad Fazlul Karirn J Syed J. R. Mudassir Husain J Abu Sayeed Ahamed J M/S. Noor Crokaries and another................................ Petitioners Vs. Islami Bank Bangladesh Lt..

Category: Banking Law | Date: | Hits: 120

A. R. A. Jute Mills Limited Vs. Janata Bank and others, 2006, 35 CLC (AD)

....sion in Writ Petition No. 1372 of 2001. 2. The petitioner moved the High Court Division under Article 102 of the Constitution challenging the constitutionality of section 4(2) and (3) of the Artha Rin Adalat Ain 1990 (Act IV of 1990) and appointment of Mr.Md Amirul Islam, Subordinate Judge......n Writ Petition No. 1372 of 2001. 2. The petitioner moved the High Court Division under Article 102 of the Constitution challenging the constitutionality of section 4(2) and (3) of the Artha Rin Adalat Ain 1990 (Act IV of 1990) and appointment of Mr.Md Amirul Islam, Subordinate Judge as a ......it Petition No. 1372 of 2001. 2. The petitioner moved the High Court Division under Article 102 of the Constitution challenging the constitutionality of section 4(2) and (3) of the Artha Rin Adalat Ain 1990 (Act IV of 1990) and appointment of Mr.Md Amirul Islam, Subordinate Judge as a Judg......mmad Fazlul Karim J M. M. Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J A. R. A. Jute Mills Limited….......Petitioner Vs. Janata Bank and others........ Respondents Judgment 5 January, 2006 Case Referred To- ..

Category: Banking Law | Date: | Hits: 121

Md. Saifur Rahman Emam Vs. Government of Bangladesh, 2006, 35 CLC (AD)

....f the High Court Division and other connected papers. 4. It is not disputed that Rupali Bank obtained a money decree for the amount claimed by them from the Court of Joint District Judge and Artha Rin Adalat, Patuakhali against the writ petitioner. The petitioner without preferring any app......High Court Division and other connected papers. 4. It is not disputed that Rupali Bank obtained a money decree for the amount claimed by them from the Court of Joint District Judge and Artha Rin Adalat, Patuakhali against the writ petitioner. The petitioner without preferring any appeal ag...... Court Division and other connected papers. 4. It is not disputed that Rupali Bank obtained a money decree for the amount claimed by them from the Court of Joint District Judge and Artha Rin Adalat, Patuakhali against the writ petitioner. The petitioner without preferring any appeal agains...... Arnirul Kabir Chowdhury J Md. Saifur Rahman Emam................. Petitioner Vs. The Government of Bangladesh, represented by the Secretary, Ministry of Local Government and Rural Development, Bangladesh Secretariat, Ramna, Dhaka & others .............Respondents ..

Category: Election Law | Date: | Hits: 119

Md. Habibur Rahman Vs. M/S. Uttara Bank Ltd., 2005, 34 CLC (AD)

....nt District Judge), Dhaka in Title Suit No. 135 of 1995 allowing the application filed by the Respondent Nos. 1 and 2 herein under Order 7, Rule 11 of the Code of Civil Procedure and section 6 of the Artha Rin Adalat Ain, 1990 seeking rejection of the plaint of Title Suit No. 135 of 1995. 2. The......trict Judge), Dhaka in Title Suit No. 135 of 1995 allowing the application filed by the Respondent Nos. 1 and 2 herein under Order 7, Rule 11 of the Code of Civil Procedure and section 6 of the Artha Rin Adalat Ain, 1990 seeking rejection of the plaint of Title Suit No. 135 of 1995. 2. The genes......t Judge), Dhaka in Title Suit No. 135 of 1995 allowing the application filed by the Respondent Nos. 1 and 2 herein under Order 7, Rule 11 of the Code of Civil Procedure and section 6 of the Artha Rin Adalat Ain, 1990 seeking rejection of the plaint of Title Suit No. 135 of 1995. 2. The genesis o......nt: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Md. Habibur Rahman.........................Appellant. Vs. M/S. Uttara Bank Ltd., represented by its Managing Director and others….…… Respondents Judgment July 31, 2005. Result: The appeal is dismiss..

Category: Civil Law | Date: | Hits: 130

Zahirul Islam Vs. National Bank Limited and others, 1993, 22 CLC (AD)

....others including the petitioner who featured as defendant No. 9 in the suit, being Money Suit No. 528 of 1990, the judgment and decree of which was passed on 31.3.91 by the learned Subordinate Judge, Artha Rin Adalat No. 3, Dhaka. Section 7 of the Artha Rin Adalat Act, 1990 provides for appeal to th...... including the petitioner who featured as defendant No. 9 in the suit, being Money Suit No. 528 of 1990, the judgment and decree of which was passed on 31.3.91 by the learned Subordinate Judge, Artha Rin Adalat No. 3, Dhaka. Section 7 of the Artha Rin Adalat Act, 1990 provides for appeal to the High......luding the petitioner who featured as defendant No. 9 in the suit, being Money Suit No. 528 of 1990, the judgment and decree of which was passed on 31.3.91 by the learned Subordinate Judge, Artha Rin Adalat No. 3, Dhaka. Section 7 of the Artha Rin Adalat Act, 1990 provides for appeal to the High Cou......ate Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Zahirul Islam...................................Petitioner Vs. National Bank Limited and others .....................Respondents Judgment July 20, 1993. Result: The petitio..

Category: Civil Law | Date: | Hits: 139