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Professor Muhammad Yunus Vs. Bangladesh, 2011, 40 CLC (HCD)
....ost and discharging the duties of Managing Director of Grameen Bank by the petitioner are not valid and relieving the petitioner from discharging the duties of the Managing Director for violating the provisions of Section 14(1) of the Ordinance. By this impugned order respondent No.4 has also been a...... In the impugned order dated 27.02.2011, it has been judged that it is not valid for the petitioner to continue holding the post of Managing Director of Grameen Bank and in view thereof he is not the lawful Managing Director of the Bank as the age of superannuation being 60 years under the Grameen B..Category: Banking Law | Date: 8 Mar, 2011 | Hits: 438
Shammi Yasmin @ Suma alias Sreemoti Rafiqa Rani and others Vs. State, 2011, 40 CLC (HCD)
.... from today and for the time being the victim will remain as it is, in the safe custody. Communicate the order at once. AKM Zahirul Hoque, J.- I agree. Ed. This Case is also Reported in: ...... to the accused Suman and like to stay with her husband as his wife and the trial court committed gross illegality in rejecting her application and as such the impugned judgment is not sustainable in law, which is liable to set side. 8. Mr. Md. Khorshed Alam Khan, the learned advocate appearing f..Category: Women and Children | Date: 27 Feb, 2011 | Hits: 82
....unsels appearing for both the parties, perused the impugned judgment and order passed by the High Court Division and other materials available on record.
13. In the instant case there is a provision for arbitration in Clause 25 of the contract of work which provides amongst others that al......titions for Leave to Appeal before this Court.
10. Mr. Bodruddoza, the learned Advocate appearing on behalf of the petitioners in both the petitions submits that the High Court Division erred in law in passing the impugned judgment and order on the issue of the existence Arbitration Clause and ..
Category: Civil Law | Date: 23 Feb, 2011 | Hits: 10
Mohammad Ali Vs. Bangaldesh Bank and others, 2011, 40 CLC (HCD)
....ree is not yet satisfied. Let a copy of the judgment be communicated at once to the concerned executing Court. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......y affidavit-in-opposition the bank admitted that although there was no ad-interim order of injunction against the bank in Other Class Suit No.81 of 2001, it did not sell the goods under advise of its lawyer. The pledged goods were perishable and were already rotten, for which it could not be sold ev..Category: Banking Law | Date: 22 Feb, 2011 | Hits: 187
.... not produce the Memorandum and the Articles of Association of the defendant No.1 company. Dr. Zahir on behalf of the plaintiffs-respondents submits that the High Court Division having considered the provisions of section 102 of the Evidence Act to the effect that a person who alleges certain illega......o serve in the Investment Board of Bangladesh as a Director and, as such, he was neither Chairman nor Director nor anybody in the said company and there is no such expression in the company law, namely, "Authority". In order to grab the property the predecessor of the plaintiffs-..
Category: Civil Law | Date: 17 Feb, 2011 | Hits: 5
Abu Hanifa (Md.) Vs. Md. Shafiul Bashar and others, 2011, 40 CLC (AD)
.... writ petitioner-respondent No.1 submits that the revocation of licence of the respondent No. 1 as Nikah Registrar of No.12, Rangasree Union without serving notice to show case was violation of the provision of Section 11 of the Muslim Marriage sand Divorces (Registration) Act and, as such, the Hi......e Nikah registrar holding temporary license, the government is at liberty to hold an inquiry into the matter after giving the Nikah registrar a notice to show cause and thereafter take steps as per law and if necessary cancel his licence.………………..(7) Cases Referred to- University of..Category: Civil Law | Date: 15 Feb, 2011 | Hits: 8
Jamiul Hossain Vs. Government of Bangladesh & Others, 2011, 40 CLC (HCD)
.... effect. 27. In view of the propositions of law quoted above, the Director of land records and surveys is the administrative head of the department concerned, but he is not empowered either by any provision of State Acquisition and Tenancy Act or by Rule 42A of the Tenancy Rules, 1955 to amend, c......1 and the notice dated 14.7.2002 issued by respondent No.3 contained in annexure-H to the writ petition for rehearing of above 3 cases on 24.07.2002 should not be declared to have been passed without lawful authority and are of no legal effect and/or pass such other or further order or orders as to ..Category: Constitutional Law | Date: 15 Feb, 2011 | Hits: 176
Rupali Bank Ltd., Dhaka Vs. M/S. Brick Linkers Ltd. and Others, 2011, 40 CLC (AD)
....ers and jurisdiction of a civil Court under the Code of Civil Procedure will be applicable to the Artha Rin Adalat subject to the Ain. Section 5(5) provides that the Artha Rin Adalat shall follow the provisions of the Code of Civil Procedure so far as they are not inconsistent with the provisions of......ecree on that date. Thereupon the respondent Nos.1 and 2 moved the High Court Division a writ petition challenging the said order of drawing up the final decree on the ground that the Adalat erred in law in drawing up the final decree after the expiry of three years from the date of the preliminary ..Category: Banking Law | Date: 15 Feb, 2011 | Hits: 189
....effect a whole section of the society is being put at a disadvantage for their foreseeable future. Referring to the National Child Policy 2010, she points out that, although there are many beneficial provisions mentioned therein, there is no initiative to include the domestic workers in the definiti...... J. - By this application under Article 102 of the Constitution the plight of child domestic workers has been brought to our notice by BNWLA, which is an established and reputed organization of women lawyers, who deal with empowerment of women and welfare of children, and protection of their rights...
Category: Women and Children | Date: 15 Feb, 2011 | Hits: 265
Mohammad Abdus Sabur Vs. Agrani Bank, 2011, 40 CLC (HCD)
....gong as respondent No.1 appears and contests the Rule by filing an affidavit-in-opposition denying the material facts of the writ petition contending inter alia, that the executing Court observed the provisions of section 34 of the Ain and in spite of attempt for sale of the mortgaged property throu......s (90+60) for conclusion of an execution case under the Ain already expired on 2.12.2003. Therefore, the continuance of the execution case in question after expiry of 2.12.2003 is beyond the scope of law and as such without lawful authority. The learned Advocate further submits that the executing Co..Category: Banking Law | Date: 10 Feb, 2011 | Hits: 192
Promoda Sundari Sen Kalyan Trust Vs. Momtaz Zafar Ahmed and Others, 2011, 40 CLC (HCD)
....e Rule is discharged of. Artha Rin Adalat Ain, 2003; Section 32 The party (plaintiff-petitioner) took a wrong way to ventilate his grievances, other than the recourse prescribed by specific provisions governing the issue— It is an admitted proposition that the present plaintiff-......me suit land the Artha Rin Adalat passed a decree in Artha Rin Case No.771 of 2004 and thereafter, the suit property was sold in auction in Artha Rin Execution Case No. 638 of 2004 in accordance with law. 8. Being aggrieved by the aforesaid judgment and decree of two Courts below the present pl..Category: Banking Law | Date: 9 Feb, 2011 | Hits: 2
Shah Alam (Md.) Vs. State and another, 2011, 40 CLC (HCD)
....Md. Motaher Hossain, the learned Advocate appearing on behalf of the opposite-party No.2, submits, in reply, that the allegations as contained in the petition of complaint clearly attract the penal provision of section 138 of the Negotiable Instruments Act. He submits that the accused-petitioner......ase is liable to be discharged. In the result, the Rule is discharged. Stay order passed in connection with this Rule stands vacated. The 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 als..Category: Banking Law | Date: 6 Feb, 2011 | Hits: 361
Sohrab Hossain (Md.) & others Vs. State & another, 2011, 40 CLC (HCD)
....hat it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall, without prejudice to any other provisions of this Act, be punished with imprisonment for a term which may extend to one years, or w......12-2008 for Taka 2, 77, 79,245 drawn on an account maintained with the bank. The cheque having been presented for encashment was dishonoured on 28-12-2008. Then on 25-1-2009 the bank through its lawyer served a legal notice upon the accused-petitioners who on receipt of the notice took back the..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: ......f the executing Court though allowed him to deposit the remaining decretal amount, but ultimately rejected his application by the impugned order dated 7.8.2007 on the ground that there is no scope in law to redeem the property at this stage (vide annex-G to the writ petition). 13. It also appea..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)
....rks, can prefer an appeal in spite of being not a party in the original proceeding. A person aggrieved is never prohibited to present an appeal against a decision of the Registrar, Trade Marks by any provision neither in the Civil Procedure Code nor in the Trade Marks Act or the rules made thereunde......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
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. ......8-2005. Therefore the initiation of the second execution case on 1-11-2006 i.e. after expiry of year as prescribed in section 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 ..Category: Banking Law | Date: 29 Jan, 2011 | Hits: 2
Mosharraf Hossain (Md.) and others Vs. Akhtar Hossain, 2011, 40 CLC (HCD)
....his appeal by the plaintiff directed against judgment and decree dated 19-7-2010 passed by the learned Joint District Judge, 1st Court, Dhaka rejecting the plaint of Title Suit No. 308 of 2009 as per provisions of Order VII Rule 11 of the Code of Civil Procedure. 2. Appellants as plaintiffs ins......aint on the ground that as per provision Section 53E of the Transfer of Property Act, 1882, the oral gift is required to be supported by an affidavit which having not been done, the suit is barred by law. 5. Mr. Md. Nazrul Islam, learned Advocate, appearing for the appellant submits that, the g..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: ......on the basis of a certificate issued in favour of Bangladesh Shilpa Bank, Pabna branch under section 33(7) of the Artha Rin Adalat Ain, 2003. 2. Petitioner’s case, in short, is that he was the lawful owner-in-possession of .06 acres of land appertaining to Khatian No.746, Plot No.105 at Muza ..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. ......ka who framed charge against the petitioner under sections 19A and 19(f) of the Arms Act. The charge was read over to the petitioner who pleaded not guilty and prayed to face trial in accordance with law. 4. The prosecution examined as many as 11 witnesses and on the other hand, the defence exa..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: ......itor of the creditor-bank and as such Bangladesh Bank being the central bank and regulatory body of all banking institutions should initiate investigation at the instance of the petitioners under the law. He further submits that when the petitioner company owes only taka 3 (three) crore and some odd..Category: Banking Law | Date: 26 Jan, 2011 | Hits: 185
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