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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: ......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: ...... Abedin with Md. Sagir Hossain, Advocates-For the 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......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
Mirza Ahsan Habib Vs. The Judge, Artha Rin Adalat and another, 2011, 40 CLC (HCD)
.... execution case is also a proceeding of civil nature. Therefore a judgment-debtor against whom an warrant of arrest ia pending in a case of civil nature,cannot be termed as a fugitive and the door of justice is not closed for him. The submission of the learned Advocate for the respondent on thi......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. ......lip;…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 Pe......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)
....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.......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.......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.Appellants Vs. Akhtar Hossain………………………..Respondent Judgment January 27, 2011. Result: The appeal is allowed. Cases Referred to- Jabed Ali Vs. Abu Shaikh, being dead his heirs: Md. Naimuddin and others, 35 DLR (AD) 31; P......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)
....ssued under section 33 (7) of the Artha Rin Adalat Ain, 2003. All the said actions were done and proceedings were taken beyond the knowledge of the petitioner. Thereafter he served a notice demanding justice dated 13.5.2008 upon the decree-holder bank requesting to release his property from the sche......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: ......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 East Eash Dair under Fatulla Police Station of Narayanganj Di......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. ......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. ......ent January 26, 2011. Result: The Rule is made. In view of section 134 of the Evidence Act, conviction can be based 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 t......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)
....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 notice…………….( para 8) Lawyers Involved: ...... 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: ......gment January 26, 2011. The Bank Companies Act, 1991 (Act No. XIV of 1991) Section 44 read with Section 45(C) Mere inaction of a functionary of the state or of a local authority is not open to challenge under writ jurisdiction, unless it comes within the scope of article 102 of the constit......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
....the victim and her family—which are the main causes of suicides by the victims. She argues that the term “eve teasing” as widely used now to describe the mischief is in fact doing injustice to the victims, as the term itself is contributing to undermine or lessen the gravity of the...... organization, namely Bangladesh National Women Lawyers Association (BNWLA), represented by its executive director Advocate Salma Ali, has approached this court seeking some directives/guidelines as, according to them, the government has failed to contain the situation. Thereupon, this court by orde......
(Special Original Jurisdiction)
Present:
Md. Imman Ali J
Sheikh Hassan Arif J
Bangladesh National Women Lawyers Association (BNWLA), represented by Salma Ali, Executive Director of BNWLA, Monico Mona Tower (1st & 2nd Floor), 48/3, West Agargaon, Shere Bangla Nagar, Dhak...... us. The community must also be told how best to protect themselves.”
3. In the above mentioned order, this court also expressed concern over limitations and inefficiencies of the existing laws to deal with the situation which had blown out of proportion and further directed respondent No..
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. ......eld due to decÂlaration of Emergency by the Hon'ble President of the Republic. Subsequently, the election schedÂule was declared by the Chief Election CommisÂsioner to be held on 18-12-2008 and according to the election schedule nomination paper was to be submitted on 20-11-2008. In the meant......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 statute. ...... the makers of the Constitution. Vide 41 DLR (AD) 165…………………(26) In Oxford's Advanced Learners DictionÂary the word 'amendment' means a change or improvement that is made to a law or a document; the process of changing a law or a document. In KJ Aiyar's Judicial Dictionary ..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)
....execution case is still pending and registration of the certificate has not yet been completed, there is scope to release the property on payment of the remaining outstanding dues to meet the ends of justice. He further submits that the present petitioner is neither a borrower, nor a mortgager or gu......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: ......ner. Mrs. Fowzia Karim Firoze - For the Respondents. 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 b......same on 29.9.2009; that he has come to this Court after one year from registration and transfer of the mortgaged property only to drag the matter and deprive these respondents from enjoyment of their lawful property, which they purchased from the bank for valuable consideration; that the plaint in T..Category: Banking Law | Date: 20 Jan, 2011 | Hits: 233
Mirza Ahsan Habib Vs. Judge, Artha Rin Adalat, Khulna and another, 2011, 40 CLC (HCD)
....execution case is also a proceeding of civil nature. Therefore a judgment-debtor against whom an warrant of arrest is pending in a case of civil nature, cannot be termed as a fugitive and the door of justice is not closed for him. The submission of the learned Advocate for the respondent on this poi......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: ...... the Petitioner. Md. Mozibur Rahman Miah, Advocate -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,.......8.2005. Therefore the initiation of the second execution case on 1.11.2006 i.e. after expiry of one 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 agai..Category: Banking Law | Date: 19 Jan, 2011 | Hits: 305
StateVs. Noor Islam and others, 2011, 40 CLC (HCD)
....ck for a long period. Thus, on giving our careful consideration to the delay in disposal of the Death Reference and Appeals along with other factors as extenuating circumstances, we think the ends of justice would be sufficiently met if we commute the sentence of death passed upon the condemned pris......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.......is rejected. The Criminal Appeal No.4095 of 2005 and the Jail Appeal Nos. 1060 of 2005, 1061 of 2005, 1062 of 2005 and 1063 of 2005 are dismissed with modification of sentences. Cases Referred to- Joygun Bibi Vs. The State, 12 DLR (SC) 157; Hozrat Ali and Abdur Rahman Vs. the State, 42 DLR......lack marks on the throat of the deceased, Shilpi Khatun. Nearly, 1% months ago that Shilpi Khatun was given in marriage with the accused Noor Islam. After marriage Shilpi Khatun went to her father-in-law's house twice with her husband, Noor Islam. After completing the pleasure trip in her father-in-..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)
....nvolve punishment for occurrences which are not criminal in nature. Where the teachers are palpably guilty of assault and sometimes grievous hurt, salish is not an appropriate mode of dispensation of justice. She refers to the decision in the case of Bangladesh Legal Aid and Services Trust and other......of the respective Madrashas, who are respondents in this case directing them to take steps in the light of the Rule issued in this petition and to inform the Registrar of the Madrasha Education Board accordingly and to take action against the teachers in accordance with the Affiliated Non-government...... High Court Division (Special Original Jurisdiction) Present: Md. Imman Ali J Sheikh Hassan Arif J Bangladesh Legal Aid and Services Trust (BLAST), represented by its Deputy Director (Legal Aid), Farida Yeasmin and another…………….........Petitioners Vs. Secretary......ith their statutory and constitutional duties to take effective measures to prevent the imposition of corporal punishment of children in educational institutions including by the framing of necessary laws/guidelines, or to investigate such allegations, or to prosecute and punish those found responsi..Category: Women and Children | Date: 13 Jan, 2011 | Hits: 248
State Vs. Alam, 2011, 40 CLC (HCD)
....submits at the outset that Alam was falsely implicated in the instant case and hence the sentence inflicted upon him by the Judgment and Order dated 8-8-2005 is liable to be set aside for the ends of justice. Mr. Islam submits that the Tribunal failed to consider that the FIR was lodged dilatorily w......quently brought down from a state of suspenÂsion from a beam. This also has the added effect of bolstering the prosecution's case of murder as opposed to Vanu having committed suicide. The PW 6 has, accordingly, evadingly deposed on the facts pointing to murder in which the deceased was severely as.............................................Appellant Vs. 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..................................Appellant Vs. 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 ..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. ...... and the defendant being neighbours knew each other since their childhood; that during their study in Rajshahi University they came in close contact and fell in love with each other and subsequently, according to Hindu Shastra the defendant-petitioner married the plaintiff-respondent in the Raj...... problems. In many cases the alleged husband does not recognize marriage or deny the existence of marriage with the female partner and the female partner also faces difficulty in respect of her right to inheritance and the issues of the marriage are also sometime disowned by the male partner to be t...... is a relationship of husband and wife between them. 11. According to Mulla there is an extreme strong presumption of the validity of marriage and the legitimacy of children born out of the lawful marriage if from the time of the alleged marriage both the parties are recognized by all pers..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.
......lakh) for two steel body self-propelled Coasters of 600 DWT each and the loan was repayable by 16 half-yearly installments commencing from 2 years after disbursement of the first installment and accordingly, an agreement for loan was signed on 6-6-1980 with the respondent No.1. The first instal......gstha 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 of interest. Interest ......eferred the instant Appeal with the leave of this Court.
Leave was granted to consider the following grounds:
(I) whether the respondent No. 1-She Shipping Lines Limited is a loanee at law, because of (1) the loan agreement entered into between the petitioner and the respondent No.1 o..
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. ....... informing him that the order of exemption from paying tax had been lifted by operation of section 75 (1A) (g) of the Income Tax Ordinance 1984. In that letter Dhaka Club was directed to file return accordingly. This letter was not before this Division at the time of issuance of the Rule as he subm...... Result: The Rule is discharged. Lawyers Involved: Masood R. Sobhan with Fatema S. Chowdhury and AFM Saiful Karim, Advocate - For the Petitioner. Murad Reza, Additional Attorney-General, Md. Abdur Rahim Bhuiyan, Deputy Attorney-General with SM Moniruzzaman, K.M. Masud Ru......nd participants and therefore, the doctrine of mutuality is applicable for the petitioner. In another perverse finding the tribunal held that the petitioner and the Respondents under misconception of law and withÂout understanding the true and actual intent of the objects and the scope of the objec..Category: Fiscal/Taxation Law | Date: 13 Dec, 2010 | Hits: 48
Mahfuzur Rahman and another Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....ion of the petitioners from the university was made without affording them any opportunity of being heard and in his perspective, the said impugned order is violative of the principle of natural justice and hence the same is without lawful authority. 9. Mr. Md. Ashad Ullah further su......emic session-2004. Anyway, at one stage, there was a hue and cry about illegal admission of some students including the petitioners to the university in that academic session and a news item was accordingly published in this regard in different newspapers. Ultimately a six-member committee was ......December 9, 2010 Result: The Rule is discharged. Applicability of the principle of 'locus penitentiae' under Section 21 of the General Clauses Act- The authority competent to make an order has the power to undo the same; but the order cannot be withdrawn or rescinded once......রঃ/০৮/à§à§©à§§(২) dated 19-11-2008 (Annexure-'1') cancelling the admission of the petitioners from Sher-e-Bangla Agricultural University, Dhaka should not be declared to be without lawful authority and of no legal effect and why the respondent Nos. 2-5 should not be directed ..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. ...... 28-9-1994 and 02-11-1994 and got delivery of possession. Prior to their purchase, the defendants were tenants in respect of the suit premises, a shop room, at a monthly rent of Taka 200 payable according to Gregorian Calendar under an agreement dated 26-2-1987; that following the purchase of t......s Vs. Md. Yousuf and others..............................................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 ......il Petition for Leave to Appeal before this Court. 6. Leave was granted to consider the following points: (I) whether the learned Single Judge of the High Court Division erred in law in failing to notice that the agreement of lease (Exhibit A) is a void agreement, being hit..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: ......ssed by the Senior Assistant Judge, Pirgachha, Rangpur in Other Class Suit No. 29 of 2002. 2. The notice of the present Civil Rule has been duly served upon the opposite party, but no one appears to oppose the Rule. The learned Assistant Attorney General is also found absent and therefore, the m......rred. 4. It appears that after observing long formalities, the Solicitor Wing sent the record to the office of the Attorney General on 6.4.2006 and the learned Attorney General assigned one of his law officers on 23.4.2006 to prepare and move the Civil Revision within the period of limitation. Th..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. ...... was accorded due approval by the respondent No.1 to be appointed as Nikah Registrar for Ward No.100 of the Dhaka City Corporation vide memo No.96-Bichar-7/2n-12/2002 dated 27-1-2004 (Annexure A) and accordingly he was issued temporary licence by the respondent No.2, the District Registrar, Dhaka as...... 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 the provisions of rule 10, be illegible to be licensed as Nikah Registrar on regular basis if he ...... municipality; Provided that this provision shall not affect a licence already issued for any ward; and (e) in other case, not more than one union." 5. In view of the said provision of law vide which a legal right has been accrued upon the petitioner he has filed an application before..Category: Family Law | Date: 6 Dec, 2010 | Hits: 9
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