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Md. Hamiduzzaman Vs. Joint District Judge, Artha Rin Adalat, Faridpur and others, 2011, 40 CLC (HCD)
....r and did not clearly mention anything as to how he learnt about the decree. It is difficult to believe that the petitioner had no knowledge of the execution case, or of the mortgage decree under the facts and circumstances of the present case, specially when the defendants are his brother and mothe......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......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: ..Category: Banking Law | Date: 20 Jan, 2011 | Hits: 233
Mirza Ahsan Habib Vs. Judge, Artha Rin Adalat, Khulna and another, 2011, 40 CLC (HCD)
.... on 23.6.2009. 4. The decree holder-bank as respondent No.2 contests the Rule by filing an affidavit-in-opposition. In the said affidavit-in-opposition the bank has not controverted the material facts relating to special limitation for filing a second execution case under the Artha Rin Adalat A......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......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: ..Category: Banking Law | Date: 19 Jan, 2011 | Hits: 305
StateVs. Noor Islam and others, 2011, 40 CLC (HCD)
....mned-prisoners and the absconding convict- Aaizel @ Aazu @ Azizul Haque @ Azizur is solely based on the inculpatory confessional statements made by the condemned-prisoners as well as on the attending facts, circumstances, evidence and materials on record. 15. Amongst the P.Ws., P.W.16 Monoara Kha......CD) (2011) 141.......ements were neither true nor voluntary which they retracted subsequently. 4. 19 witnesses for the prosecution and none for the defence were examined in this case. The prosecution have also adduced evidence which are marked as exhibits and material exhibits. State defence was provided for the absc..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. ......ildren, whether by parents or schools. ......teem and anxiety. In support of her contention, she makes reference to certain research material as mentioned in paragraph-7 of her affidavit dated 26.09.2010. She further submits that there is ample evidence that corporal punishment is injuring the children of Bangladesh through the physical pain i..Category: Women and Children | Date: 13 Jan, 2011 | Hits: 248
State Vs. Alam, 2011, 40 CLC (HCD)
.... noted from the very inception of the prosecution's case leading from the preparation of the Surathal Report down to the Tribunal proceedings and whose testimony has been key to introducing certain facts and contentions in this case, the veracity of which, however, has not always withstood the tes...... 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......to the prejudice of the condemned-prisoner otherwise falsely implicated in a concocted case. This also blinded the Tribunal to the unnaturally passive role of the deceased's family members whom the evidence adduced portray as mute bystanders unable to come to the rescue and aid of the .hapless v..Category: Women and Children | Date: 11 Jan, 2011 | Hits: 176
Ramesh Chandra Adhikari Vs. Bulbuli, 2011, 40 CLC (AD)
....s been shown as the husband of the plaintiff and they have also joint photograph as husband and wife marked as Exhibit-3. Both the trial court and the court of appeal below as the final court of facts on consideration of both oral and documentary evidence on record found that they unit...... is also Reported in: 66 DLR (AD) (2014) 104. ......ppeal before this Division. 8. Mr. Abul Kalam Mainuddin, the learned Advocate appearing for the defendant-petitioner submits that the High Court Division failed to notice that there is no single evidence showing valid marriage under the Hindu Law by invocation before sacred fire and saptapadi p..Category: Family Law, Hindu Law | Date: 6 Jan, 2011 | Hits: 15
....ing, misfeasance, malfeasance and breach of trust and, as such, they are liable for payment of BSRS dues.
(II) whether both the trial court and the High Court Division committed error of law and facts by holding that the respondent Nos.1 and 2 knew only of the disbursement of the first install&......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 ......ter of the loan; or"
25. From the aforesaid discussions and findings we are of the view that the appellant as petitioner in the miscellaneous case by adducing both oral and documentary evidence successfully proved their case for recovery of the present outstanding loan with inter..
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)
....ve deliberation touching upon the merits of the instant case which may have a bearing upon reference cases those have been filed earlier in point of time than the present case. Highlighting all these facts the learned Deputy Attorney-General submits that this Rule should be discharged since the same......Original Jurisdiction) Present: Md. Ashfaqul Islam J SM Emdadul Hoque J Gulshan Club Ltd…………………………Petitioner Vs. Chairman, National Board of Revenue and another…………………………..Respondents Judgment December 13, 2010. Re......hat effect has been made by Government in official gazette pursuant to section 44(4) of the Income Tax Ordinance. He has also drawn our notice to the supplementary affidavit in opposition in which as evidence by Annexure-A a letter dated 5-12-2004 addressed by DCT Company Circle-15, Zone-5, Dhaka to..Category: Fiscal/Taxation Law | Date: 13 Dec, 2010 | Hits: 48
Mahfuzur Rahman and another Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
.....2-5 have contested the Rule by filing a joint affidavit-in-Opposition. It has been stated therein that the Writ Petition is misconceived and the same has been filed by suppressing material facts. The petitioners never applied for admission and sat for the admission test for the acade...... ...... Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 171 ..Category: Administrative Law | Date: 9 Dec, 2010 | Hits: 2
Monir Hossain Md. (Moni) and another Vs. Md. Yousuf and others, 2010, 39 CLC (AD)
....reversing the judgment and decree dated 15-6-1999 passed by the learned Subordinate Judge, 1st Court and Judge of the Small Causes Court, Faridpur in Small Causes Court Suit No.6 of 1996. 2. The facts of the case, in brief, are that the appellants as plaintiffs filed SCC Suit No.4 of 1995 in th......ted in: 66 DLR (AD) (2014) 100. ......in law basing his decision on the agreement for lease (Exhibit A) against the mandate of the statute and in making out a third case of usage, there being no such case either in the pleading or in the evidence, in derogation of the statutory law. He finally submits that the case raises questions..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)
....osite party, but no one appears to oppose the Rule. The learned Assistant Attorney General is also found absent and therefore, the matter is taken up for disposal in absence of the parties. 3. The facts relevant for deciding the instant Civil Rule, as it appears from the record and application fo......te motion bench immediately. Ed. This Case is also Reported in: ...... 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: ..Category: Procedural Law | Date: 8 Dec, 2010 | Hits: 180
Nazrul Islam Talukder (Md.)Vs. Bangladesh & another, 2010, 39 CLC (HCD)
....Muslim Marriages and Divorces (Registration) Act, 1974 and Rule 5A of the Muslim Marriages and Divorces (Registration) Rules, 1975 in respect of Ward No.100 of the Dhaka City Corporation. 2. The facts relevant for disposal of this Rule, in short, are that the petitioner was accorded approval un......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......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. ..Category: Family Law | Date: 6 Dec, 2010 | Hits: 9
Syed Wahid Iqbal Vs. Bangladesh, 2010, 39 CLC (AD)
....Division in Writ Petition No.5277 of 2008 discharging the Rule without interfering the formation of Election Committee for holding Election of Tangail Central Co-operative Bank Ltd. 2. The facts relevant for disposal of the case, in short, are that the present petitioner filed Writ Petit......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............................................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. ..Category: Civil Law | Date: 6 Dec, 2010 | Hits: 5
Hasna Ahmad Vs. State and another, 2010, 39 CLC (HCD)
.... involvement in the case as an abettor entails a journey into the minds of the Investigating Officers concerned, an exercise fraught with uncalledfor and unwarranted consequence. Having regard to the facts and circumstances of the case, it transpires that the implication of the petitioner in the cas......Present: Moyeenul Islam Chowdhury J AKM Abdul Hakim J Hasna Ahmad……………………………Petitioner Vs. State and another……………………………O......f the Anti-Corruption-opposite-party No.2, submits that undeniably the petitioner is not FIR-named; but after investigation, she has been charge-sheeted and her involvement in the case is a matter of evidence and trial and the prosecution case should not be stifled at the initial stage and it should..Category: Anti-Corruption Laws | Date: 1 Dec, 2010 | Hits: 189
.... before this court through the learned Assistant Attorney-General, both the writ petitions were heard on 10-11-2010 and 11-11-2010 and now being disposed of by this judgment.
4. Short facts, relevant for disposal of both the Rules, are that the proprietor of M/s DK Inter-national ope...... 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:
......y;trary, illegal and without lawful authority. We are of the view that since the goods in question are not ownerless any more as the same have been claimed by the petitioner with reliable prima-facie evidence and there being no other claimant, there remains no dispute as to the ownership of the said..
Category: Fiscal/Taxation Law | Date: 11 Nov, 2010 | Hits: 3
.... before this court through the learned Assistant Attorney-General, both the writ petitions were heard on 10-11-2010 and 11-11-2010 and now being disposed of by this judgment.
4. Short facts, relevant for disposal of both the Rules, are that the proprietor of M/s DK Inter-national ope...... 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:
......y;trary, illegal and without lawful authority. We are of the view that since the goods in question are not ownerless any more as the same have been claimed by the petitioner with reliable prima-facie evidence and there being no other claimant, there remains no dispute as to the ownership of the said..
Category: Fiscal/Taxation Law | Date: 11 Nov, 2010 | Hits: 5
Fatema Begum Vs. The Artha Rin Adalat, Narayangonj and others, 2010, 39 CLC (HCD)
....k and respondent No.4, the auction purchaser contested the Rule by filling two separate affidavits-in-opposition. Respondent No.2 in its affidavit-in-opposition did not specifically deny the material facts of the writ petition except the statement that “the petitioner is not a third party of the M......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...... photo copies there for. The office is directed to send a copy of this judgment to the Artha Rin Adalat, Narayangonj at once. Nazmun Ara Sultana J. - I agree. This Case is also Reported in: ..Category: Banking Law | Date: 11 Nov, 2010 | Hits: 14
Ms. Syeda Rizwana Hasan Vs. Bangladesh and others, 2010, 39 CLC (AD)
....awfully, for collateral purposes, and that it would be unlawful for any one to use the land for any purpose other than that laid down in the master plan unless such person was permitted to do so. The facts of the case is quite distinguishable from the facts of this case. 36. There is no allegatio......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......objection against the master plan by any person aggrieved by the preparation of the same and the Government may modify it if there is merit in the objection. Though this 'Master Plan' is a conclusive evidence after it is approved by the Government as provided therein but it can also be amended or al..Category: Environmental Law | Date: 8 Nov, 2010 | Hits: 258
Shanik Chandra Barmon Vs. State and another, 2010, 39 CLC (HCD)
....shed 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 was also stayed. 3. The relevant facts for disposal of the Rule are that the opposite party No. 2 Md. Rafiqul Islam, Branch Manager, ......6 DLR (HCD) (2014) 114 ......ccordance with the aforesaid Rules, 2007. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 114 ..Category: Anti-Corruption Laws, Criminal Law | Date: 2 Nov, 2010 | Hits: 5
Redwan Ahmed Vs. Bangladesh, 2010, 39 CLC (HCD)
....se was initiated against the petitioner only to harass him and the allegation was prima facie baseless and, as such, no action should be taken against the petitioner upon the admitted position of the facts and circumstances of the case as well as the relevant laws on the issue. 8. Mr. Mahmood a......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......ferred to as ACC). The ACC investigated into the case and during investigation recorded the statement of the witnesses, collected the material on record, and after investigation submitted the Memo of evidence before the ACC. After obtaining sanction under section 32 of the Anti-Corruption Commission..Category: Anti-Corruption Laws | Date: 25 Oct, 2010 | Hits: 211
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