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Sanjoy Roy Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....d as being not maintainable. The order of stay passed by this Court at the time of issuance of the Rule is vacated. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......d Shameem Aziz, Advocates-For the Respondent. Writ Petition No. 6731 of 2010 Judgment Md. Ruhul Quddus J. - This Rule, at the instance of a defaulting borrower, was issued calling in question an auction notice for sale of his mortgaged property under section 12 of the Artha Rin Adal......ed the Rule and an order of stay. 3. The Managing Director of the creditor-bank as respondent No. 2 has appeared and contested the Rule by filling an affidavit-in-opposition denying the material facts contending inter alia, that the bank granted credit facilities to the petitioner from time to ..Category: Banking Law | Date: 17 Feb, 2011 | Hits: 174
Jamiul Hossain Vs. Government of Bangladesh & Others, 2011, 40 CLC (HCD)
....of issuance of Rule Nisi is, hereby, recalled and vacated. Let a copy of the judgment be communicated to the Respondents forthwith. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 49. ......tements and documents annexed to the writ petition and the affidavit-in-opposition filed by the respective parties. In this summary proceeding, the High Court Division neither decides the complicated question of title nor the disputed question of fact.....................(34) Cases Referred to- ......d records and surveys) that there is no scope for reopening the matter in view of the fact that the committee constituted for that purpose has already decided the matter. 10. In spite of aforesaid facts and circumstances, the Director (land records and surveys) respondent No.2 by his order under ..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)
....em. The appeal is dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 92, 16 BLC (AD) (2000) 107, VIII ADC (2011) 523 ......son whatsoever in its application for not taking steps for drawing up the final decree despite that the judgment-debtors did not pay the decreetal amount within the specified time. 5. Now the moot question is whether a final decree can be drawn up by the Adalat after the expiry of the period of l...... appeal is whether the Artha Rin Adalat can draw up a final decree beyond the statutory period of three years from the date of preliminary decree. 2. To decide this point let us recapitulate short facts out of which this appeal has arisen. Appellant Rupali Bank Limited instituted a suit in the Ar..Category: Banking Law | Date: 15 Feb, 2011 | Hits: 189
....ARK (SCSD), CHILD DOMESTIC WORKERS – LIVING INSIDE ROOM AND OUTSIDE LAW AND ROLE OF GOVT. AND CIVIL SOCIETIES IN BANGLADESH , 36-37 (2009) [hereinafter SCSD REPORT ON CHILD DOMESTIC WORKERS].
...... and must generally make themselves available to their employer at all times.[8] Deprived of educational opportunities at such a formative age, their chances of securing a well-paying job is put into question. The exploitation of child servants crosses into the zone of unacceptability due to this ma......™ in the Labour Act will ensure that the workers in the domestic sector enjoy all the benefits within the labour laws. Only then will the mandate of the Constitution be fulfilled.
41. In the above facts and circumstances, we hereby direct the government as follows:
1. In order to make the prov..
Category: Women and Children | Date: 15 Feb, 2011 | Hits: 265
Mohammad Abdus Sabur Vs. Agrani Bank, 2011, 40 CLC (HCD)
.... of issuing the Rule is vacated. Let a copy of the judgment be communicated to the concerned executing Court. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......cate-For the Respondent. Writ Petition No. 4980 of 2006. Judgment Md. Ruhul Quddus J. - This Rule Nisi, at the instance of a judgment debtor in a mortgage decree, was issued calling in question order dated 30.5.2005 passed in Artha Rin Execution Case No. 741 of 2003 pending in Artha R......on, obtained the Rule and an order of stay. 4. Agrani Bank, Laldighi Branch, Chittagong 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 o..Category: Banking Law | Date: 10 Feb, 2011 | Hits: 192
Promoda Sundari Sen Kalyan Trust Vs. Momtaz Zafar Ahmed and Others, 2011, 40 CLC (HCD)
....rder as to cost Let a copy of the Judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 53 ......1 of 2004 in the body of the plaint and no relief was sought for against the judgment and decree of the Artha Rin case and as such without taking evidence there is no legal scope at all to decide the question whether the suit is barred by section 20 of the Artha Rin Adalat Ain, 2003 or not......ated 29-4-2010 (decree signed on 5-5-2010) passed by the learned Senior Assistant Judge, Sadar, Rangpur in Other Suit No.238 of 2009 rejecting the plaint should not be set-aside. 2. The material facts as necessary for disposal of this Rule are that the present petitioner as plaintiff brought a ..Category: Banking Law | Date: 9 Feb, 2011 | Hits: 2
Nazim Uddin Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....of the above, the Rule is discharged. The order of stay passed at the time of issuance of the Rule is vacated. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......r Not represented- the respondents. Writ petition No. 6773 of 2010. Judgment Md. Ruhul Quddus J.- This Rule Nisi, at the instance of a third party mortgagor, was issued calling in question an auction notice under section 12 of the Artha Rin Adalat Ain, 2003 published in the Daily......of the above, the Rule is discharged. The order of stay passed at the time of issuance of the Rule is vacated. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..Category: Banking Law | Date: 9 Feb, 2011 | Hits: 162
Shah Alam (Md.) Vs. State and another, 2011, 40 CLC (HCD)
....e 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 also Reported in: 63 DLR (HD) (2011) 137. ......signature was necesÂsary for payment of the cheque. It is further submitÂted that the complainant did not receive any cheque issued on behalf of any Company or business enterÂprise. Therefore, the question of requiring joint sigÂnature did not arise at all. 6. The only question raised in this......ashed, or any other order passed as this Court may deem fit and proper. 2. By the same Rule issuing order, all furÂther proceedings of the above Sessions Case were also stayed. 3. The relevant facts for disposal of the Rule are that the added opposite-party No.2 Mohammad Kamal Uddin Chowdhury..Category: Banking Law | Date: 6 Feb, 2011 | Hits: 361
Sohrab Hossain (Md.) & others Vs. State & another, 2011, 40 CLC (HCD)
.... of the Code. 11. For the discussions made above, we find no merit in the Rule. Accordingly, this Rule is discharged. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 215. ......shment the offence under section 138 read with section 140 of the Act was complete, and consequently the accused-petitioners are liable to be prosecuted for committing such offence and, as such, question of quashing the impugned proceeding does not arise at all and the Rule be discharged. ......ission of Mr. Meah Md. Kauser Alam, and we accept the submission of the learned Deputy Attorney-General. 10. Now looking at the petition of complaint it prima-facie appears that all the relevant facts as contemplated in sub-section (1) of section 138 of the Act to constitute an offence under th..Category: Others | Date: 3 Feb, 2011 | Hits: 4
Aslam Khan Vs. Artha Rin Adalat, Moulvibazar and another, 2011, 40 CLC (HCD)
.... to the Manager, Sonali Bank Ltd., Bhairabganj Bazar Branch, Moulvibazar and also to the concerned executing Court. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......te-For the Respondent. Writ Petition No. 6198 of 2010. Judgment Md. Ruhul Quddus J. - This Rule Nisi, at the instance of a judgment debtor in an Artha Rin Decree, was issued calling in question order dated 15.4.2010 passed by the Artha Rin Adalat, Moulvibazar rejecting the petitionerâ...... writ petition, obtained the Rule and an order of stay. 4. The decree holder-bank as respondent No.2 has appeared and contested the Rule by filing an affidavit-in-opposition denying the material facts stated in the writ petition raising objection against his (petitioner’s) entitlement to get ..Category: Banking Law | Date: 2 Feb, 2011 | Hits: 217
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: ......e Respondents. Writ Petition No. 801 of 2010. Judgment Md. Ruhul Quddus J. - This Rule, at the instance of a legal heir of a judgment debtor in a mortgage decree, was issued calling in question the proceedings in Execution Case No.727 of 2005 of Artha Rin Adalat No. 4, Dhaka and the l......2.2009; that subsequently the auction purchaser transferred the same to these respondents on 14.10.2009; that the petitioner obtained the instant Rule and order of status quo suppressing the material facts. 5. Mr. Md. Harunur Rashid, the learned Advocate appearing for the petitioner has support..Category: Banking Law | Date: 2 Feb, 2011 | Hits: 175
Md. Tota Howlader Vs. State, 2011, 40 CLC (HCD)
....f the appellant if he misuses the privilege of bail in any manner what so ever. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 355.......f the appellant if he misuses the privilege of bail in any manner what so ever. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 355....... Grant or refusal of bail, in a non bailable case, is a matter which falls within the discretion of the Court. Such discretion has to be exercised with due care and caution keeping in view particular facts and circumstances of each case. If an accused is otherwise entitled to bail there is no justif..Category: Women and Children | Date: 1 Feb, 2011 | Hits: 178
Shamsunnur Rahman Vs. State, 2011, 40 CLC (HCD)
.... In view of the foregoing narrative the petition of appeal is rejected. Office is directed to communicate the judgment and order at once. Ed. This Case is also Reported in: 16 BLC (2011) 895....... In view of the foregoing narrative the petition of appeal is rejected. Office is directed to communicate the judgment and order at once. Ed. This Case is also Reported in: 16 BLC (2011) 895....... In view of the foregoing narrative the petition of appeal is rejected. Office is directed to communicate the judgment and order at once. Ed. This Case is also Reported in: 16 BLC (2011) 895...Category: Women and Children | Date: 31 Jan, 2011 | Hits: 127
Kanin (India)(P) Ltd. Vs. Registrar of Trade Marks, Dhaka and another, 2011, 40 CLC (HCD)
....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. ......ginal application for registration of trade mark was allowed with consent of the opponents. When the application was withdrawn, the opposition case connected thereto became infructuous. Therefore the question of accepting an infructuous opposition case affecting the interest of the appellant does no......o.219 at page 275 in August, 2002. In opposition thereto one Mr. Arihant Jain and others as proprietors of M/S Kangaroo Industries (herein appellant No.2) filed Opposition Case No.2131 of 2003 on the facts and grounds as stated and taken therein. In course of proceedings in the said opposition case,..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. ......—For The Respondent. Writ Petition No.4236 of 2009. Judgment Md. Ruhul Quddus J.—This Rule, at the instance of a judgment-debtor in a mortgage decree, was issued calling in question order dated 12-11-2007 passed by the Judge, Artha Rin Adalat, Khulna in Artha Rin Execution...... 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 Ada..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.......ere is no speÂcific statement denying the fact that there is no oral gift made by this deponent. Moreover, the dispute whether there is any oral gift or not, to settle it, it requires trial. On this question, we may refer to cerÂtain paragraph of 35 DLR (AD) 31 i.e. the case of Jabe......ound upon which the plaint was rejected by the learned Joint District Judge was not even mooted by the defendant respondent and section 53E of the Transfer of Property Act is no way applicable on the facts of the case instant case, as such the impugned judgment and decree require interference. ..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: ......Rahman, Advocate-For the Petitioners. Md. Mozibur Rahman Miah, Advocate-For the Respondent. 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 ......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: ..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. ......d on the testimony of a solitary 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 witnes...... also legal evidence within the meaning of section 3 of the Evidence Act. In support of his contention, he relied upon the decision in the case of Mohiuddin Vs. State, 61 DLR 35. In view of the above facts and circumstances the Rifle may be discharged. 8. We have gone through the application un..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: ......Bangladesh, 1972, Article 102. Whether the cheques were altered or dishonour of the same constitutes any offence 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......972, Article 102. Whether the cheques were altered or dishonour of the same constitutes any offence 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 fo..Category: Banking Law | Date: 26 Jan, 2011 | Hits: 185
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. ...... the petitioner, perused the impugned judgment and order dated 16-8-2008 passed by the High Court Division in Writ Petition No.8780 of 2008 and other materials available on record. The pertiÂnent question in this case is whether the amendÂment of the President Order No.155 of 1972 by inserting......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. ..Category: Constitutional Law | Date: 23 Jan, 2011 | Hits: 11
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