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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: ......pondents. Writ Petition No. 8197 of 2010 Judgment Md. Ruhul Quddus J.- This Rule Nisi, at the instance of a legal heir of a judgment debtor in a mortgage decree, was issued calling in question orders dated 1.7.2009 and 6.9.2009 passed by the Artha Rin Adalat, Faridpur in Artha Rin Ex......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..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: ......dvocate -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 Adalat A..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.......s voluntary and true or not the Court has to examine the confession itself and also to consider the same in the light of other materials on record and broad probabilities of the case. 27. The next question arises, whether the confession can be the basis of conviction against the makers if found r......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..Category: Women and Children | Date: 13 Jan, 2011 | Hits: 195
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. ......micide. These items include on 40" stick with a metal twine in five places and electric bulb that facilitated the witnesses to view the goings on in the room where Vanu met her fate. The Tribunal's unquestioning acceptance of the two Seizure Lists ten days apart without probing into circumstances th...... 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..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. ......ide. 9. We have heard the learned Advocate appearing for the petitioner, perused the impugned judgment and decree of the High Court Division and other materials on record. 10. The pertinent question in this case is whether the defendant-petitioner had married the plaintiff-respondent accor......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..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.
......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.
......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&..
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. ......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. ......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..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 ......teram Partem' was not adhered to prior to issuance of the said order dated 19-11-2008. 16. Mr. MK Rahman also submits that since no legal right accrued to the petitioners, there was no question of applicability of the principle of 'Audi Alteram Partem' as to the cancellation o.......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..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. ......e 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 of law of public importance as to the interpretation of the law relating to lease of premi......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..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: ...... 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: ......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..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. ......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. ......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..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. ......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. ......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..Category: Civil Law | Date: 6 Dec, 2010 | Hits: 5
Hasna Ahmad Vs. State and another, 2010, 39 CLC (HCD)
....ion Act, 1947, now pending before the 3rd Court of the Special Judge, Dhaka are quashed so far as it relates to the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 206. ......as such, she was inducted into the possession of the case property and lease-deed in perpetuity was executed in her favour in due course and she has been indisputably in possession of the property in question. 7. Mr. Md. Asaduzzaman next submits that the bid money to the tune of Taka 2,74,79,85...... 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..Category: Anti-Corruption Laws | Date: 1 Dec, 2010 | Hits: 189
....ng days without fail upon receipt of the copy of this judgment. There will be no order as to costs.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 191
......r dealing with wrong declaration by the importer at the entry point, the authority can not detain the goods without due process of law.
There are no cogent reason for detaining the goods in question purchased by the petitioner..
When there is no dispute that the goods have been i...... 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..
Category: Fiscal/Taxation Law | Date: 11 Nov, 2010 | Hits: 3
....ng days without fail upon receipt of the copy of this judgment. There will be no order as to costs.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 191
......r dealing with wrong declaration by the importer at the entry point, the authority can not detain the goods without due process of law.
There are no cogent reason for detaining the goods in question purchased by the petitioner..
When there is no dispute that the goods have been i...... 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..
Category: Fiscal/Taxation Law | Date: 11 Nov, 2010 | Hits: 5
Fatema Begum Vs. The Artha Rin Adalat, Narayangonj and others, 2010, 39 CLC (HCD)
.... 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: ......etitioners did not deposit 25% of the decreetal amount according to section 32 (2) of the Artha Rin Ain, 2003 (in short “the Ain, 2003”). 4. The petitioner’s further case is that the land in question is situated vertically from north to south. They have been possessing the same from the sou......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..Category: Banking Law | Date: 11 Nov, 2010 | Hits: 14
Ms. Syeda Rizwana Hasan Vs. Bangladesh and others, 2010, 39 CLC (AD)
....cute the officers responsible. The appeal is dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 9 ADC (2012) 816, 18 BLC (AD) (2013) 54. ......4 passed by the High Court Division in Writ Petition No.948 of 1997.) Judgment Surendra Kumar Sinha J. - Leave granted. 2. Appellant, the Bangladesh Environmental Lawyers Association, (BELA) questioned the propriety of the implementation of partly revised lay out plan on the bank of lake 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..Category: Environmental Law | Date: 8 Nov, 2010 | Hits: 258
Shanik Chandra Barmon Vs. State and another, 2010, 39 CLC (HCD)
....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 ......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 ......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, ..Category: Anti-Corruption Laws, Criminal Law | Date: 2 Nov, 2010 | Hits: 5
Redwan Ahmed Vs. Bangladesh, 2010, 39 CLC (HCD)
....il already granted to him by this Division. The order of stay granted earlier by this Court is hereby vacated and recalled. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 70. ......substance." 19. Therefore, the submission of Mr. Mahmood that the power of delegation as per section 20 of ACC Act found to be corum non judice has no legs to stand. 20. Next comes the question whether the trial of the petitioner on the facts allegedly committed prior to promulgation ......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..Category: Anti-Corruption Laws | Date: 25 Oct, 2010 | Hits: 211
British American Tobacco Bangladesh Company Ltd. Vs. Begum Shamsun Nahar, 2010, 39 CLC (AD)
....dings and observations we do not find any merit in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 80. ......arassment and bullying by its employees and whether the defendant-petitioner-company could be held responsible for such sexual harassment and bullying caused to the plaintiff-respondent are all questions of facts and can only be decided on the evidence to be adduced by the concerned parties ......bullying by its employees and whether the defendant-petitioner-company could be held responsible for such sexual harassment and bullying caused to the plaintiff-respondent are all questions of facts and can only be decided on the evidence to be adduced by the concerned parties in the trial o..Category: Women and Children | Date: 13 Oct, 2010 | Hits: 21
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