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Birendra Nath Roy Vs. Rupali Bank Ltd, 2012, 41 CLC (HCD)
....ndant-Petitioner Vs. Rupali Bank Ltd...........................Plaintiff-Opposite Party Judgment November 21, 2012. Result: The Rule is discharged. Section 33(7) of Artha Rin Adalaat Ain, 2003 Without delivery of possession the execution case under the Artha R......Petitioner Vs. Rupali Bank Ltd...........................Plaintiff-Opposite Party Judgment November 21, 2012. Result: The Rule is discharged. Section 33(7) of Artha Rin Adalaat Ain, 2003 Without delivery of possession the execution case under the Artha Rin Ada......Judgment November 21, 2012. Result: The Rule is discharged. Section 33(7) of Artha Rin Adalaat Ain, 2003 Without delivery of possession the execution case under the Artha Rin Adalat Ain, 2003 can not be disposed of as per provision of sub-section 7 of section 33 of the Artha......n end with the issuance of a certificate under section 33 (5) of the Artha Rin Adalat Ain, 2003. Rather it remains alive till the possession of the property alleged to have been sold in auction, was handed over to the auction purchaser. .................... (17) Cases Referred to- ..Category: Civil Law | Date: 21 Nov, 2012 | Hits: 7
Md. Aminullah and others Vs. Serajul Huq and others, 2012, 41 CLC (AD)
.... High Court Division in Civil Revision No.2387 of 1995 making the Rule absolute reversing those dated 22.10.1994 passed in Miscellaneous Appeal No.233 of 1992 of the Court of Subordinate Judge and Artha Rin Adalat, Third Court, Chittagong allowing pre-emption case reversing those dated 30.07.......Court Division in Civil Revision No.2387 of 1995 making the Rule absolute reversing those dated 22.10.1994 passed in Miscellaneous Appeal No.233 of 1992 of the Court of Subordinate Judge and Artha Rin Adalat, Third Court, Chittagong allowing pre-emption case reversing those dated 30.07.1992 in......t Division in Civil Revision No.2387 of 1995 making the Rule absolute reversing those dated 22.10.1994 passed in Miscellaneous Appeal No.233 of 1992 of the Court of Subordinate Judge and Artha Rin Adalat, Third Court, Chittagong allowing pre-emption case reversing those dated 30.07.1992 in pre......late Division (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Aminullah and others……………………Appellants Vs. Serajul Huq and others……………..Category: Property Law | Date: 21 Nov, 2012 | Hits: 27
Azizur Rahman (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....er, the petitioner for the first time rushed before this Division and obtained the present Rule. In this situation the law enjoins that the petitioner ought to have resorted to section 19 of the Artha Rin Adalat Ain, 2003 for setting-aside the ex-parte decree. Even in the whole process of Execu......e petitioner for the first time rushed before this Division and obtained the present Rule. In this situation the law enjoins that the petitioner ought to have resorted to section 19 of the Artha Rin Adalat Ain, 2003 for setting-aside the ex-parte decree. Even in the whole process of Execution C......titioner for the first time rushed before this Division and obtained the present Rule. In this situation the law enjoins that the petitioner ought to have resorted to section 19 of the Artha Rin Adalat Ain, 2003 for setting-aside the ex-parte decree. Even in the whole process of Execution Case ......urt Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Md. Badruzzaman J Azizur Rahman (Md.).........................Petitioner Vs. Bangladesh and others... .............Respondents Judgment November 20, 2012. Result: The R..Category: Banking Law | Date: 20 Nov, 2012 | Hits: 8
Mosharef Hossain (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....ime should be reasonable as it has been allowed in the above mentioned two decisions of this Division……….(9) Cases Referred to- Khorshed Alam Vs. Sub-ordinate Judge and Artha Rin Adalat 54 DLR 239; Major Retd. Rafiqul Islam Farook Vs. Bangladesh 16 MLR 281. Lawyer......ould be reasonable as it has been allowed in the above mentioned two decisions of this Division……….(9) Cases Referred to- Khorshed Alam Vs. Sub-ordinate Judge and Artha Rin Adalat 54 DLR 239; Major Retd. Rafiqul Islam Farook Vs. Bangladesh 16 MLR 281. Lawyers Invo...... be reasonable as it has been allowed in the above mentioned two decisions of this Division……….(9) Cases Referred to- Khorshed Alam Vs. Sub-ordinate Judge and Artha Rin Adalat 54 DLR 239; Major Retd. Rafiqul Islam Farook Vs. Bangladesh 16 MLR 281. Lawyers Involved......ision (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Md. Badrazzaman J Mosharef Hossain (Md.).............................Petitioner Vs. Bangladesh and others..........................Respondents Judgment November..Category: Property Law | Date: 7 Nov, 2012 | Hits: 8
Abdur Razzaque Chowdhury and others Vs. Artha Rin Adalat and others, 2012, 41 CLC (AD)
.... Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Muhammad Imman Ali J Md. Shamsul Huda J Abdur Razzaque Chowdhury and others.......Petitioners (In both cases) Vs. Artha Rin Adalat and others.......................Respondents (In both cases) Judgment Oct......ndra Kumar Sinha J Md. Abdul Wahhab Miah J Muhammad Imman Ali J Md. Shamsul Huda J Abdur Razzaque Chowdhury and others.......Petitioners (In both cases) Vs. Artha Rin Adalat and others.......................Respondents (In both cases) Judgment October 1...... Kumar Sinha J Md. Abdul Wahhab Miah J Muhammad Imman Ali J Md. Shamsul Huda J Abdur Razzaque Chowdhury and others.......Petitioners (In both cases) Vs. Artha Rin Adalat and others.......................Respondents (In both cases) Judgment October 18, 2...... Appellate Division (Civil) Present: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Muhammad Imman Ali J Md. Shamsul Huda J Abdur Razzaque Chowdhury and others.......Petitioners (In both cases) Vs. Artha Rin Adalat and others................Category: Civil Law | Date: 18 Oct, 2012 | Hits: 159
Agrani Bank Vs. Anwarul Bashir Khan and others, 2012, 41 CLC (AD)
.... 83 of the Code of Civil Procedure for issuing a sale certificate in his favour in order to enable him to repay the decretal amount by selling one of the mortgaged properties situated at Gulshan. The Artha Rin Adalat rejected the prayer by order dated 14 November, 2002. Thereupon he challenged the s...... the Code of Civil Procedure for issuing a sale certificate in his favour in order to enable him to repay the decretal amount by selling one of the mortgaged properties situated at Gulshan. The Artha Rin Adalat rejected the prayer by order dated 14 November, 2002. Thereupon he challenged the said or...... Code of Civil Procedure for issuing a sale certificate in his favour in order to enable him to repay the decretal amount by selling one of the mortgaged properties situated at Gulshan. The Artha Rin Adalat rejected the prayer by order dated 14 November, 2002. Thereupon he challenged the said order ......dul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Agrani Bank.......................Appellant Vs. Anwarul Bashir Khan and others…........Respondents Judgment October 3, 2012. Result: T..Category: Civil Law | Date: 3 Oct, 2012 | Hits: 5
Southeast Bank Ltd Vs. District Magistrate, Chittagong and others, 2012, 41 CLC (HCD)
....f the People's Republic of Bangladesh, the petitioner Bank have challenged inaction of the respondent Nos.1 & 2 to comply with the prayer made by the petitioner under Section 12(5)(ka) of the Artha Rin Adalat Ain, 2003. 2. We have heard the learned Advocate and perused the application. ......People's Republic of Bangladesh, the petitioner Bank have challenged inaction of the respondent Nos.1 & 2 to comply with the prayer made by the petitioner under Section 12(5)(ka) of the Artha Rin Adalat Ain, 2003. 2. We have heard the learned Advocate and perused the application. It app......le's Republic of Bangladesh, the petitioner Bank have challenged inaction of the respondent Nos.1 & 2 to comply with the prayer made by the petitioner under Section 12(5)(ka) of the Artha Rin Adalat Ain, 2003. 2. We have heard the learned Advocate and perused the application. It appears...... Mamnoon Rahman J Md. Abu Zafor Siddique J Southeast Bank Ltd……………………......Petitioner Vs. District Magistrate, Chittagong and others .......Respondents Judgment July 30, 2012. Result: The application is..Category: Constitutional Law | Date: 30 Jul, 2012 | Hits: 1
Md. Rafiqul Islam and others Vs. Md. Azmal Hossain and others, 2012, 41 CLC (AD)
.... the decree-holder-Rupali Bank, Uttara Model Town Branch put the decree in execution. The decree-holder bank obtained a certificate in respect of the mortgaged property under section 33(5) of the Artha Rin Adalat Ain, 2003 and then at its instance the mortgaged property was sold in auction. ......ecree-holder-Rupali Bank, Uttara Model Town Branch put the decree in execution. The decree-holder bank obtained a certificate in respect of the mortgaged property under section 33(5) of the Artha Rin Adalat Ain, 2003 and then at its instance the mortgaged property was sold in auction. The au......-holder-Rupali Bank, Uttara Model Town Branch put the decree in execution. The decree-holder bank obtained a certificate in respect of the mortgaged property under section 33(5) of the Artha Rin Adalat Ain, 2003 and then at its instance the mortgaged property was sold in auction. The auction......n CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Md. Rafiqul Islam and others....................................Petitioners Vs. Md. Azmal Hossain and other..Category: Procedural Law | Date: 15 Jul, 2012 | Hits: 16
Md. Golzar Hossain, Advocate Vs. Janata Bank, Ullapara Branch, Sirajgonj, 2012, 41 CLC (AD)
....tion is that the petitioner filed the above mentioned writ petition before the High Court Division impugning the judgment and order dated 24.11.2008 passed by the learned District Judge, Sirajgonj in Artha Rin Miscellaneous Appeal No.3 of 2008 affirming the order dated 29.07.2008 passed by the Artha......s that the petitioner filed the above mentioned writ petition before the High Court Division impugning the judgment and order dated 24.11.2008 passed by the learned District Judge, Sirajgonj in Artha Rin Miscellaneous Appeal No.3 of 2008 affirming the order dated 29.07.2008 passed by the Artha Rin A......ing the judgment and order dated 24.11.2008 passed by the learned District Judge, Sirajgonj in Artha Rin Miscellaneous Appeal No.3 of 2008 affirming the order dated 29.07.2008 passed by the Artha Rin Adalat, Sirajgonj in Arth Rin Miscellaneous Case No.1 of 2008. It further appears that there was app...............Petitioner Vs. Janata Bank, Ullapara Branch, Sirajgonj........Respondent Judgment July 8, 2012. Result: The petition is disposed of. Lawyers Involved: Mohammad Ali Akanda, Advocate instructed by Haridas Paul, Advocate-on-Record-For the Petitioner. Awlad Ali, Seni..Category: Civil Law | Date: 8 Jul, 2012 | Hits: 143
Safi Uddin Vs. District Judge, Dhaka & others, 2012, 41 CLC (AD)
....া, সর্বমোট ১, ০২,০২৩/- টাকা আদায়ের ডিক্রি দিতে।’’ The suit on being transferred to the Court of Joint District Judge and Artha Rin Adalat, Third Court, Dhaka was renumbered as Money Suit No.14 of 1999. During the pendency......র্বমোট ১, ০২,০২৩/- টাকা আদায়ের ডিক্রি দিতে।’’ The suit on being transferred to the Court of Joint District Judge and Artha Rin Adalat, Third Court, Dhaka was renumbered as Money Suit No.14 of 1999. During the pendency of th......্বমোট ১, ০২,০২৩/- টাকা আদায়ের ডিক্রি দিতে।’’ The suit on being transferred to the Court of Joint District Judge and Artha Rin Adalat, Third Court, Dhaka was renumbered as Money Suit No.14 of 1999. During the pendency of the sa......ioner. Syed Shaheed Hossain, Advocate, instructed by Md. Zahirul Islam, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No. 2208 of 2011. (From the judgment and order dated the 16th day of May, 2011 passed by the High Court Division in Writ Petition No.8824..Category: Civil Law | Date: 8 Jul, 2012 | Hits: 108
Grameen Telecom Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)
....e to Appeal No.2180 of 2008, wherein their lordships of the Appellate Division decided as under:— "Section 28 of the said Act provides the limitation for execution case under the Artha Rin Adalat Ain, 2003 and the maximum period of limitation is 6 years provided such exe&sh......ppeal No.2180 of 2008, wherein their lordships of the Appellate Division decided as under:— "Section 28 of the said Act provides the limitation for execution case under the Artha Rin Adalat Ain, 2003 and the maximum period of limitation is 6 years provided such executi......l No.2180 of 2008, wherein their lordships of the Appellate Division decided as under:— "Section 28 of the said Act provides the limitation for execution case under the Artha Rin Adalat Ain, 2003 and the maximum period of limitation is 6 years provided such execution c..............................Respondent Judgment June 3, 2012. Result: All the questions raised in the reference applications are decided in the affirmative in favour of the Department and against assessee. Case Referred To— Md. Yasin Miah and others Vs. Bangladesh and..Category: Fiscal/Taxation Law | Date: 3 Jun, 2012 | Hits: 4
Ruhul Amin and others Vs. Bangabandhu Sheikh Mujib Medical University, 2012, 41 CLC (HCD)
....(six) months from the date of receive of this judgment. Send down the lower court records. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 182. ...... May 27, 2012 Result: The appeal is allowed. Cases Referred to- Nur Muhammad Vs. Mainuddin, 39 DLR (AD); Abul Khair (Md.) Vs. Pubali Bank Ltd, 53 DLR (AD) 62; Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd, 51 DLR (AD) 221; Nurunnessa Vs.Mohiuddin Chowdhury, 49 DL......(six) months from the date of receive of this judgment. Send down the lower court records. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 182. ......Reported in: 18 BLC (HCD) (2013) 182. ..Category: Civil Law, Property Law | Date: 27 May, 2012 | Hits: 12
Golam Ambia (Harun) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....t the Government as appellant filed Other Class Appeal No.155 of 1996 in the Court of district Judge, Mymensingh. Subsequently the appeal was transferred to the Court of Sub-ordinate Judge, Artha Rin Adalat, Mymensingh. After hearing the parties learned Sub-ordinate Judge by his judgment a......Government as appellant filed Other Class Appeal No.155 of 1996 in the Court of district Judge, Mymensingh. Subsequently the appeal was transferred to the Court of Sub-ordinate Judge, Artha Rin Adalat, Mymensingh. After hearing the parties learned Sub-ordinate Judge by his judgment and dec......rnment as appellant filed Other Class Appeal No.155 of 1996 in the Court of district Judge, Mymensingh. Subsequently the appeal was transferred to the Court of Sub-ordinate Judge, Artha Rin Adalat, Mymensingh. After hearing the parties learned Sub-ordinate Judge by his judgment and decree ...... High Court Division (Special Original Jurisdiction) Present: Naima Haider J Farid Ahmed J Golam Ambia (Harun)......................Petitioner Vs. Bangladesh and others....................Respondents Judgment May 22, 2012 Result: T..Category: Others | Date: 22 May, 2012 | Hits: 9
Marzan Abedin Vs. Judge, Artha Rin Adalat No. 4 Dhaka and others, 2012, 41 CLC (HCD)
.... Present: Md. Ashfaqul Islam J Mustafa Zaman Islam J Marzan Abedin………………………….Petitioner Vs. Judge, Artha Rin Adalat No. 4 Dhaka and others.........Respondents Judgment May 15, 2012. Re......Present: Md. Ashfaqul Islam J Mustafa Zaman Islam J Marzan Abedin………………………….Petitioner Vs. Judge, Artha Rin Adalat No. 4 Dhaka and others.........Respondents Judgment May 15, 2012. Result: ......ent: Md. Ashfaqul Islam J Mustafa Zaman Islam J Marzan Abedin………………………….Petitioner Vs. Judge, Artha Rin Adalat No. 4 Dhaka and others.........Respondents Judgment May 15, 2012. Result: ......qul Islam J Mustafa Zaman Islam J Marzan Abedin………………………….Petitioner Vs. Judge, Artha Rin Adalat No. 4 Dhaka and others.........Respondents Judgment May 15, 2012. Result: The Rule is made a..Category: Banking Law, Corporate Law | Date: 15 May, 2012 | Hits: 4
Md. Salim Hossain and other Vs. Artha Rin Adalat, Munshigonj and other, 2012, 41 CLC (AD)
.... Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Md. Salim Hossain..............................Petitioner Uttara Bank Limited ..................Petitioner Vs. Artha Rin Adalat, Munshigonj……………….........Respondents ......Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Md. Salim Hossain..............................Petitioner Uttara Bank Limited ..................Petitioner Vs. Artha Rin Adalat, Munshigonj……………….........Respondents Nasi......ud Hossain J Md. Imman Ali J Md. Shamsul Huda J Md. Salim Hossain..............................Petitioner Uttara Bank Limited ..................Petitioner Vs. Artha Rin Adalat, Munshigonj……………….........Respondents Nasima E......etition No. 429 of 2010) None represented—For the Respondent (For Civil Petition No. 640 of 2010) Civil Petition for Leave to Appeal Nos. 429 with 640 of 2010. (From the judgment and order dated 18.11.2009 passed by the High Court Division in Writ Petition No.7309 of 2006) ..Category: Civil Law | Date: 19 Apr, 2012 | Hits: 151
ABC Attire Ltd. Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....ালুকরন). The Committee registered 270 sick garments industries along with the Company for rehabilitation. Meanwhile, the Bank on 21-3-2001 instituted Title Suit No.69 of 2001 before the Artha Rin Adalat No.1, Dhaka (hereinafter stated as the Adalat) for recovery of loan amounting to Tk......ুকরন). The Committee registered 270 sick garments industries along with the Company for rehabilitation. Meanwhile, the Bank on 21-3-2001 instituted Title Suit No.69 of 2001 before the Artha Rin Adalat No.1, Dhaka (hereinafter stated as the Adalat) for recovery of loan amounting to Tk. 4,59......রন). The Committee registered 270 sick garments industries along with the Company for rehabilitation. Meanwhile, the Bank on 21-3-2001 instituted Title Suit No.69 of 2001 before the Artha Rin Adalat No.1, Dhaka (hereinafter stated as the Adalat) for recovery of loan amounting to Tk. 4,59,97,......ourt High Court Division (Special Original Jurisdiction) Present: Zinat Ara J JBM Hassan J ABC Attire Ltd………………….......Petitioner Vs. Bangladesh and others……………...Respondents Judgment April 4, 2012. Result: The rule..Category: Civil Law | Date: 4 Apr, 2012 | Hits: 45
Md. Mostafa Vs. Bedena Khatun and another, 2012, 41 CLC (HCD)
....no merit, is discharged. The stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Soumendra Sarker J.- I agree. Ed. This Case is also Reported in: ......no merit, is discharged. The stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Soumendra Sarker J.- I agree. Ed. This Case is also Reported in: ......nt of the proceedings in Nari-o-Shishu Nirjatan Damon Case No.95 of 1996 under section 6(1) of the Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995 pending in Nari-o-Shishu Nirjatan Damon Bishesh Adalat No.2, Bogra. 2. Opposite Party No.1 Bedena Khatun filed a petition of complaint being Cas......urt High Court Division (Criminal Miscellaneous Jurisdiction) Present: Soumendra Sarker J Md. Ruhul Quddus J Md. Mostafa………………………Petitioner Vs. Bedena Khatun and another………………………Opposite Parties Judgment April 1, 2012. Result: ..Category: Women and Children | Date: 1 Apr, 2012 | Hits: 158
Mamun-ur-Rashid (Md.) Vs. Secretary, Ministry of Law and others, 2012, 41 CLC (HCD)
....6 of 2010. Judgment Md. Ashfaqul Islam J.- At the instance of the petitioner, Md. Mamun-ur-Rashid this Rule was issued calling upon the respondents to show cause as to why section 12 of the Artha Rin Adalat Ain now in force should not be declared as void being inconsistent with Part-III of......010. Judgment Md. Ashfaqul Islam J.- At the instance of the petitioner, Md. Mamun-ur-Rashid this Rule was issued calling upon the respondents to show cause as to why section 12 of the Artha Rin Adalat Ain now in force should not be declared as void being inconsistent with Part-III of the C...... Judgment Md. Ashfaqul Islam J.- At the instance of the petitioner, Md. Mamun-ur-Rashid this Rule was issued calling upon the respondents to show cause as to why section 12 of the Artha Rin Adalat Ain now in force should not be declared as void being inconsistent with Part-III of the Const......inal Jurisdiction) Present: Md. Ashfaqul Islam J Mustafa Zaman Islam J Mamun-ur-Rashid (Md.)...................................Petitioner Vs. Secretary, Ministry of Law and others............Respondents Judgment February 23, 2012. Result: The..Category: Civil Law, Procedural Law | Date: 23 Feb, 2012 | Hits: 7
Sonali Bank Vs. Habib Medical Store and Others, 2012, 41 CLC (HCD)
....No. 209 of 1997 Judgment Abu Zafor Siddique J. — This appeal is directed against the judgment and decree dated 3-6-1996 (decree drawn on 10-6-1996) passed by the Subordinate Judge and Artha Rin Adalat, Naogaon in Artha Rin Adalat Case No. 264 of decreeing the suit. 2. The appell......9 of 1997 Judgment Abu Zafor Siddique J. — This appeal is directed against the judgment and decree dated 3-6-1996 (decree drawn on 10-6-1996) passed by the Subordinate Judge and Artha Rin Adalat, Naogaon in Artha Rin Adalat Case No. 264 of decreeing the suit. 2. The appellant as...... 1997 Judgment Abu Zafor Siddique J. — This appeal is directed against the judgment and decree dated 3-6-1996 (decree drawn on 10-6-1996) passed by the Subordinate Judge and Artha Rin Adalat, Naogaon in Artha Rin Adalat Case No. 264 of decreeing the suit. 2. The appellant as pla......J Sonali Bank…………………………………………….Appellants Vs. Habib Medical Store and Others………………. Respondent Judgment February 1..Category: Banking Law | Date: 14 Feb, 2012 | Hits: 0
Category: Election Law | Date: 14 Feb, 2012 | Hits: 262