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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. ...... calling in question order dated 12-11-2007 passed by the Judge, Artha Rin Adalat, Khulna in Artha Rin Execution Case No.319 of 2006 (second execution case) rejecting the petitioner's application for rejection of the execution case as being barred by limitation under section 28(3) of the Artha R......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. ......ip;Petitioner Vs. The Judge, Artha Rin Adalat and another...........Respondents Judgment January 19, 2011. Result: The Rule is made absolute Cases Referred to- Lawyers Involved: Abul Kalam Mainuddin, with Rehana Akhtar, Advocates—For the Petitioner...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.......t 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 instituted Title Suit No.308 of 2009 with prayers amongst other for:— “ক) নিম্নের তফসিল বর্ণিত ও চৌহুদ্......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.......der Vs. Rash Mohan Saha being dead his heirs, Kartick Chowdhury Saha and others, 10 MLR (AD) 345; Abdul Jalil Vs. Islami Bank Bangladesh Limited, 53 DLR (AD) 12; Nizamuddin Vs. State, 30 DLR 49. Lawyers Involved: Md. Nazrul Islam, Advocate - For the Appellants. Md. Abdul Quayum, Advoc..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: ......dent. Writ Petition No. 3888 of 2008. Judgment Md. Ruhul Quddus J.- This Rule Nisi was issued questioning the legality of an auction notice published in the Daily Janakanta on 9.5.2008 for sale of the petitioner’s property on the basis of a certificate issued in favour of Bangladesh......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: ......d others ............Petitioners Vs. Bangladesh and others ……………….........Respondents Judgment January 27, 2011. Result The Rule is discharged. Lawyers Involved: Shaikh Atiar Rahman, Advocate-For the Petitioners. Md. Mozibur Rahman Mi..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. ......litary witness and it is not necessary to seek corroboration always from independent sources. Adverse presumption under section 114(g) of the Evidence Act is, essentially, a question of fact which is for the court to arrive at a decision. Non-examination of important witnesses creates presumption un......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. ......hman Vs. State, 6 BLC 254; Aslam Jahangir Vs. State, 5 BLC 514; Habibur Rahman,alias Jane Alam Vs. State, 47 DLR 323; MoWuddin Vs. State, 61 DLR 35;Abdul Haider Sikder Vs. State, 43 DLR (AD) 95. Lawyers Involved: ABM Waliur Rahman Khan, Advocate—For the Petitioner. Kazi M. Ejaru..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: ......ence against the petitioners and the claim raised in the notice is correct there are all questions of facts to be determined by a competent court in due course of trail, if the notice giver bank goes for legal action. But at this stage its access of justice cannot be denied by gagging the legal noti...... 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: ......mpetent court in due course of trail, if the notice giver bank goes for legal action. But at this stage its access of justice cannot be denied by gagging the legal notice…………….( para 8) Lawyers Involved: Shamsuddin Babul with Kanai Lal Saha, Advocates-For the Petitioners. Ms. Sat..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.
......tion. Thereupon, this court by order dated 02.11.2010 issued Rule Nisi calling upon the respondents (mainly the concerned ministries and police) to show cause as to why they should not be directed to formulate guidelines, or issue policy statements or specific legislations, to address the issue of s......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.
......, 18 BLC (HCD) (2013) 290.
..
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. ......ub Ahmed Chowdhury.......................Petitioner Vs. Chief Election Commissioner and others..........Respondents Judgment January 23, 2011. Result: Civil Petition for Leave to Appeal is dismissed. Words and Phrases Amendment and Amendment of a statut......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. ......lic of Bangladesh, 41 DLR (AD) 165; Ashby Railway Carriage and Iron Co. Ltd Vs. Rich (1875 LR 7 HL 653); BADC Vs. Shamsul Haque 60 DLR (AD) 152; Full Chand Das Vs. Md. Hammad 34 DLR (AD) 361. Lawyers Involved: Mohammad Golam Kibria, Advocate, instructed by Md. Aftab Hossain, Advocate-o..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: ......erty. 2. Facts leading to this writ petition, in short, are that Islami Bank Bangladesh Ltd., Khulna Branch as plaintiff instituted Artha Rin Suit No.10 of 2004 in the Artha Rin Adalat, Faridpur for recovery of loan amounting to Taka 4,01,55,468.00 (four crore one lac fifty-five thousand four h......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: ........... Petitioner Vs. The Joint District Judge, Artha Rin Adalat, Faridpur and others….... Respondents Judgment January 20, 2011. Result The Rule is discharged. Lawyers Involved: Abdul Baset Majumder with Nakib Saiful Islam, Advocates-For the Petitioner. ..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: ......ed calling in question order dated 12.11.2007 passed by the Judge, Artha Rin Adalat, Khulna in Artha Rin Execution Case No.319 of 2006 (second execution case) rejecting the petitioner’s application for rejection of the execution case as being barred by limitation under section 28(3) of the Artha R......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: ......…………Petitioner Vs. The Judge, Artha Rin Adalat, Khulna and another………....Respondents Judgment January 19, 2011. Result The Rule is made absolute. Lawyers Involved: Abul Kalam Mainuddin, with Ms. Rehana Akhtar, Advocates-For the Petitioner. ..Category: Banking Law | Date: 19 Jan, 2011 | Hits: 305
StateVs. Noor Islam and others, 2011, 40 CLC (HCD)
....nce to pay a fine of Tk. 1,00,000/- each, in default to pay the fine, they are to suffer rigorous imprisonment for two years more each. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 141....... Jail Appeal No.1063 of 2005. (Against the death sentence passed by Nari-O-Shishu Nirjatan Daman Tribunal, Jessore in Nari-O-Shishu Nirjatan case 12 of 2003, referred to the High Court Division for confirmation of the death sentence.) Judgment Afzal Hossain Ahmed J.- This Death Reference......nce to pay a fine of Tk. 1,00,000/- each, in default to pay the fine, they are to suffer rigorous imprisonment for two years more each. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 141.......ication of sentences. Cases Referred to- Joygun Bibi Vs. The State, 12 DLR (SC) 157; Hozrat Ali and Abdur Rahman Vs. the State, 42 DLR (HCD) (1990) 177; Abdur Rouf and others Vs. 38 DLR 197. Lawyers Involved: Md. Salim, Deputy Attorney-General with Md. Ensan Uddin Sheikh, and Md. Nurul I..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)
.... 63 DLR (2011) 643. An international organisation set up in 2001 to campaign for worldwide prohibition by law of all corporal punishment of children, whether by parents or schools. ...........................Respondents Judgment January 13, 2011. Cases Referred to- Bangladesh Legal Aid and Services Trust and others Vs. Government of Bangladesh and others; Parents Forum for Meaningful Education and Another Vs. Union of India and another, AIR 2001 (Delhi) 212; F.C. Mull...... 63 DLR (2011) 643. An international organisation set up in 2001 to campaign for worldwide prohibition by law of all corporal punishment of children, whether by parents or schools. ......kti Morcha Vs. Union of India and others MANU/SC/0552/1997:[1997]2SCR379; Hussain Muhammad Ershad Vs. Bangladesh and others, 21 BLD (AD) 69; State Vs. Metropolitan Police Commissioner, 60 DLR 660. Lawyers Involved: Ms. Sara Hossain, Advocate with Ms. Aantee Nurul, Advocate, Md. Taufiqul Islam,..Category: Women and Children | Date: 13 Jan, 2011 | Hits: 248
State Vs. Alam, 2011, 40 CLC (HCD)
.... 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. ......racted the provisions of section 374 of the Code of Criminal Procedure ("the Code") requiring such sentence to be confirmed by this Court. The case record together with the Judgment having been, therefore, sent to this Court, this Court registered the same as Death Reference No.128 of 2005. This is ...... 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. ......e Vs. Lalu Miah, 39 DLR (AD) 117; Shahjahan Vs. State, 46 DLR 575; Kazi Ibrahim @ Ibrahim Kazi Vs. State, 1991 BLD 423=41 DLR 524; State of Rajasthan Vs. Netrapal, 2007 4 Supreme Court Case, 45. Lawyers Involved: M Amir-ul-Islam, Senior Advocate with Sheikh Rafiqul Islam, Ms Sultana Nasrin..Category: Women and Children | Date: 11 Jan, 2011 | Hits: 176
Ramesh Chandra Adhikari Vs. Bulbuli, 2011, 40 CLC (AD)
....find any merit in the leave petition. Accordingly, the leave petition is dismissed with cost of Taka 5,000 (five thousand). Ed. This Case is also Reported in: 66 DLR (AD) (2014) 104. ......ndent Judgment January 6, 2011. Result: The leave petition is dismissed. Marriage and Succession under Hindu Law Marriage under the traditional Hindu Law is a holy union for the performance of religious duties. It is a sacrament for the purification of the body from inh......find any merit in the leave petition. Accordingly, the leave petition is dismissed with cost of Taka 5,000 (five thousand). Ed. This Case is also Reported in: 66 DLR (AD) (2014) 104. ...... Bulbuli................................................Respondent Judgment January 6, 2011. Result: The leave petition is dismissed. Marriage and Succession under Hindu Law Marriage under the traditional Hindu Law is a holy union for the performance of religious d..Category: Family Law, Hindu Law | Date: 6 Jan, 2011 | Hits: 15
....rther compensation calculated at the rate of bank interest prevalent at the time of the institution of the suit.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 66.
......ladesh Shilpa Rin Sangstha Order (PO 128 of 1972); Article 33(1)(d)
The High Court Division concurred with the decision of the trial court excepting that the awarding of interest of Taka 33 lakh for the period prior to the institution of the suit was not interest, but compensation in the form o......rther compensation calculated at the rate of bank interest prevalent at the time of the institution of the suit.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 66.
......ed to-
Webb Vs. Stanton, (1883) 11 QBD 518; O'Driscoll Vs. Manchester Insurance Committee, (1915) 3 KB 499 and Sonali Bank Vs. M/s Karnaphuli Works Ltd, 2 BLT (AD) 78 = 46 DLR (AD) 55 .
Lawyers Involved:
AKM Nazrul Islam, Senior Advocate instructed by Syed Mahbubar Rahman, Advocat..
Category: Business or Commercial Law, Labour and Industrial Law | Date: 13 Dec, 2010 | Hits: 10
Gulshan Club Ltd. Vs. Chairman, National Board of Revenue and another, 2010, 39 CLC (HCD)
....is discharged without any order as to cost. The order of stay granted earlier by this Court is hereby vacated and recalled. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 29. ......sociation of the Company it has been clearly stated: "The income and property of the Company, howsoever derived, shall be applied solely towards the promotion of the object of the Company as set forth in this Memorandum of the Company and no portion thereof shall be paid or transferred, directl......is discharged without any order as to cost. The order of stay granted earlier by this Court is hereby vacated and recalled. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 29. ......etitioner Vs. Chairman, National Board of Revenue and another…………………………..Respondents Judgment December 13, 2010. Result: The Rule is discharged. Lawyers Involved: Masood R. Sobhan with Fatema S. Chowdhury and AFM Saiful Karim, Advocate - Fo..Category: Fiscal/Taxation Law | Date: 13 Dec, 2010 | Hits: 48
Mahfuzur Rahman and another Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
.... Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 171 ......nd by that reason, they should not be allowed to enjoy its Fruit - In the instant case, it cannot be said that the petitioners had a validly acquired right rather by having recourse to fraud and forgery, they got themselves admitted to the university in collusion with some functionaries thereof...... Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 171 ......81 SC 818; Ziauddin Vs. Pakistan Defence Housing Authority, 1999 PLC 723; Enamul Huq (Md.) Vs. Jatiyo Bishwabiddaloy, 59 DLR 556; Unni Krishnan, JP Vs. State of Andhra Pradesh, AIR 1993 SC 2178. Lawyers Involved: Md. Ashad Ullah with Khaleda Sultana Noor Advocates—For the Petitioners..Category: Administrative Law | Date: 9 Dec, 2010 | Hits: 2
Monir Hossain Md. (Moni) and another Vs. Md. Yousuf and others, 2010, 39 CLC (AD)
....ned Subordinate Judge, 1st Court and Judge of the Small Causes Court, Faridpur in SCC Suit No.6 of 1996 is hereby restored. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 100. ...... The facts of the case, in brief, are that the appellants as plaintiffs filed SCC Suit No.4 of 1995 in the Court of Assistant Judge and SCC Judge, Faridpur Sadar against the respondents as defendants for a decree for ejectment. Subsequently, the case was transferred to the Court of Subordinate ......ned Subordinate Judge, 1st Court and Judge of the Small Causes Court, Faridpur in SCC Suit No.6 of 1996 is hereby restored. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 100. ........................Respondents Judgment December 8, 2010. Result: The appeal is allowed. Cases Referred to- Shamsuddin Ahmed Vs. Mohd Hassan, 31 DLR (AD) 155. Lawyers Involved: Nur Hossain Chawdhury, Advocate, instructed by Md. Nawab Ali, Advocate-on-Rec..Category: Property Law, Tenancy Law | Date: 8 Dec, 2010 | Hits: 12
Thana Nirbahi Officer, Pirgachha, Rangpur and others Vs. Md. Dulal Miah, 2010, 39 CLC (HCD)
.... the revisional application is hereby condoned. The office is directed to place the revisional application before an appropriate motion bench immediately. Ed. This Case is also Reported in: ......irbahi Officer, Pirgachha, Rangpur and others ... Petitioners Vs. Md. Dulal Miah……………………...Opposite party Judgment December 8, 2010. Lawyers Involved: No one appears for either of the parties. Civil Rule No. 41 (Con) of 2008 Judgment Md. Ruhul Quddus J.- T...... the revisional application is hereby condoned. The office is directed to place the revisional application before an appropriate motion bench immediately. Ed. This Case is also Reported in: ......nt: Md. Ruhul Quddus J Thana Nirbahi Officer, Pirgachha, Rangpur and others ... Petitioners Vs. Md. Dulal Miah……………………...Opposite party Judgment December 8, 2010. Lawyers Involved: No one appears for either of the parties. Civil Rule No. 41 (Con) of 2008 ..Category: Procedural Law | Date: 8 Dec, 2010 | Hits: 180
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. ......sult: 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 Nikah Registrar on temporary basis under rule 5(1), shall, subject to th......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. ......obligation to issue permanent Nikah registry licence to the petitioner in respect of the aforesaid ward...... ………………………….(8) Lawyers Involved: Md. Bakir Uddin Bhuiyan, Advocate—For the Petitioner. Kazi Zinat H..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. ...... Abdullah-al-Mamun, Advocate, instructed by Nurul Islam Bhuiyan, Advocate-on-Record—For the Respondent No.6. None Represented—For the Respondent Nos.1-5 & 7-9. Civil Petition for Leave to Appeal No.560 of 2010. (From the judgment and order dated 06.10.2009 passed by th......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. ......e Division-5 Bangladesh Secretariat and others.........................................Respondents Judgment December 6, 2010. Result: The leave petition is dismissed. Lawyers Involved: Abdul Matin Khasru, Senior Advocate, instructed by Md. Aftab Hossain, Advo..Category: Civil Law | Date: 6 Dec, 2010 | Hits: 5
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