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Abu Hanifa (Md.) Vs. Md. Shafiul Bashar and others, 2011, 40 CLC (AD)
....im any reasonable opportunity to show cause. Being aggrieved, the writ petitioner-respondent No.1 moved the High Court Division and obtained Rule nisi upon the writ-respondent No.4 appellant and an ad-interim order allowing the writ petitioner-respondent No.1 to continue his function as Nikah Re......any reasonable opportunity to show cause. Being aggrieved, the writ petitioner-respondent No.1 moved the High Court Division and obtained Rule nisi upon the writ-respondent No.4 appellant and an ad-interim order allowing the writ petitioner-respondent No.1 to continue his function as Nikah Regis......id Alam Khan, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Respondent No.1. None Represented—For the Respondent Nos.2-4. Civil Appeal No.28 of 2006. (From the judgment and order dated1-11-2003 passed by the High Court Division in Writ Petition No.7505 of 2002.) Judgment ......dgment and order dated 1-11-2003 passed by a Division Bench of the High Court Division in Writ Petition No.7505 of 2002 is hereby affirmed. Ed. This Caseis also Reported in: 65 DLR (AD) (2013) 243. ..Category: Civil Law | Date: 15 Feb, 2011 | Hits: 8
Jamiul Hossain Vs. Government of Bangladesh & Others, 2011, 40 CLC (HCD)
.... Court Division (Special Original Jurisdiction) Present: Syed Mahmud Hossain J Md. Nazrul Islam Talukder J Jamiul Hossain……………………Petitioner Vs. Government of Bangladesh & Others…………………………Respondents Judgment February 15, 2011. Res......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. ......alukder J.- This Rule Nisi was issued on an application under Article 102(2)(a)(ii) of the Constitution of the People's Republic of Bangladesh calling upon the respondents to show cause as to why the order under Memo No. Bhu: Re: 6/2002/1471 dated 08.07.2002 passed by respondent No.2 contained in an......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. ..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)
....………………………Plaintiff Vs. M/S. Brick Linkers Ltd. and Others………………Respondent Judgment February 15, 2011. Case Referred To- Sarder Jan-e Alam Vs. Arab Bangladesh Bank Ltd., 4 BLC (AD) 178. Lawyers Involved: Haron-or-Rashid, Advocate, instructed by Sy......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 ......ituted a suit in the Artha Rin Adalat, Dhaka shortly, the Adalat, for realization of Tk.48, 68,970.270 against the respondents by selling the mortgaged property. The Adalat ultimately by judgment and order dated 5th February, 1997 decreed the suit in preliminary form with interest. The Adalat thereu......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 ..Category: Banking Law | Date: 15 Feb, 2011 | Hits: 189
Category: Women and Children | Date: 15 Feb, 2011 | Hits: 265
Mohammad Abdus Sabur Vs. Agrani Bank, 2011, 40 CLC (HCD)
.... Ed. This Case is also Reported in: ...... 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: ......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 Rin Adalat...... 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: ..Category: Banking Law | Date: 10 Feb, 2011 | Hits: 192
Promoda Sundari Sen Kalyan Trust Vs. Momtaz Zafar Ahmed and Others, 2011, 40 CLC (HCD)
....2003; Section 32 The party (plaintiff-petitioner) took a wrong way to ventilate his grievances, other than the recourse prescribed by specific provisions governing the issue— It is an admitted proposition that the present plaintiff-petitioner did not file any application before the e......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 ......l J.—This Rule was issued on an application under section 115 of the Code of Civil Procedure calling upon the opposite party Nos. 1-7 to show cause as to why the impugned judgment and order dated 12-5-2010 passed by the learned District Judge, Rangpur in Other Appeal No. 49 of 2010 d......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 ..Category: Banking Law | Date: 9 Feb, 2011 | Hits: 2
Nazim Uddin Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Nazim Uddin……………………...............................Petitioner Vs. Bangladesh and others ………………….................Respondents Judgment February 9, 20......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: ......2010. 2. Facts relevant for disposal of the Rule are that a private company named Zarin Design Ltd. availed credit facilities from Southeast Bank Ltd., Uttara Branch (herein respondent No.2). In order to secure the loan, the borrower-company hypothecated its stocks and machineries, and the peti......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)
....rt may deem fit and proper. 2. By the same Rule issuing order, all further 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 lodged a Petition of Complaint before the C......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. ......f 2009 (Kotwali) under section 138 of the Negotiable Instruments Act, 1881, now pending in the Court of Mohanagar Additional Sessions Judge, 3rd Court, Chittagong, should not be quashed, or any other order passed as this Court may deem fit and proper. 2. By the same Rule issuing order, all furt......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. ..Category: Banking Law | Date: 6 Feb, 2011 | Hits: 361
Sohrab Hossain (Md.) & others Vs. State & another, 2011, 40 CLC (HCD)
.... State & another.............................................Opposite-Parties Judgment February 3, 2011. Result: The Rule is discharged. Lawyers Involved: Meah Mohammad Kausar Alam, Advocate—For the Petitioners. Md. Sohrowardi, Deputy Attorney-General&mda...... 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. ......o.4137 of 2009 under sections 138/140 of Negotiable Instruments Act, 1881, Now pending before the Court of Chief Metropolitan Magistrate, Dhaka should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Fact leading to the issuance of th...... 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. ..Category: Others | Date: 3 Feb, 2011 | Hits: 4
Aslam Khan Vs. Artha Rin Adalat, Moulvibazar and another, 2011, 40 CLC (HCD)
....nother ………...Respondents Judgment February 2, 2011. Result The Rule is discharged Lawyers Involved: Abdul Jalil, Advocate -For the Petitioner. Mohammad Ali, Advcoate-For the Respondent. Writ Petition No. 6198 of 2010. Judgment Md. Ruh...... 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: ......e 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 petitioner’s appli...... 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: ..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)
.... Artha Rin Adalat No. 4, Dhaka and the legality of order dated 7.8.2007 passed therein rejecting an application for release of the auctioned property on payment of the decretal money. 2. Facts leading to this writ petition, in short, are that the Islami Bank Ltd, Mirpur Branch, Dhaka as plainti......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: ......nstance 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 legality of order dated 7.8.2007 passed therein rejecting an application for release of the auctioned property o......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: ..Category: Banking Law | Date: 2 Feb, 2011 | Hits: 175
Md. Tota Howlader Vs. State, 2011, 40 CLC (HCD)
.... 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....... 5. The learned Assistant Attorney General appearing for respondent opposes the appeal and submits that there are specific allegations against the appellant so his bail should not be granted. In order to appreciate their submissions we have gone through the record and given our anxious consider......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...Category: Women and Children | Date: 1 Feb, 2011 | Hits: 178
Shamsunnur Rahman Vs. State, 2011, 40 CLC (HCD)
....ishu case No. 86 of 2007, keeping the application for issuing summons to the charge sheeted witness with the record. 2. Facts, in brief, are that, informant Ramana Akhter Tuli, student of class-X made an allegation against the appellant who is a teacher of her school to the effect that on 26-3-20...... 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.......-General-For the Respondent. Criminal Appeal Order No. 8153 of 2011. Judgment Syed Md. Ziaul Karim J. - By this appeal under section 28 of the Act, 2000 the appellant seeks to set aside the order dated 13-10-2010 passed in Nari-o-Shishu case No. 86 of 2007, keeping the application for issu...... 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)
....Sultana J Md. Ruhul Quddus J Kanin (India) (P) Ltd. ……………………...............................Appellant Vs. The Registrar of Trade Marks, Dhaka and another …….....Respondents Judgment January 30, 2011. ......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. ......nt Vs. The Registrar of Trade Marks, Dhaka and another …….....Respondents Judgment January 30, 2011. Result: The appeal is allowed. Time Limit In order to get the grounds of decision communicated, the intending appellant has to file an applicatio......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. ..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)
....llip;……………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 A......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. ......r 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 Case No.......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. ..Category: Banking Law | Date: 29 Jan, 2011 | Hits: 2
Mosharraf Hossain (Md.) and others Vs. Akhtar Hossain, 2011, 40 CLC (HCD)
....s 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.......া অপর এক ডিক্রী দিতে বিজ্ঞ আদালতের মর্জি হয়।” 3. Defendant opposite party No.1 who is full brother of the plaintiffs, in order to contest the suit, filed written statement on 8-3-2010 denying the material allegation made ......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...Category: Property Law | Date: 27 Jan, 2011 | Hits: 95
Nasirul Islam Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Nasirul Islam, since deceased substituted by his legal heirs Mrs. Mily Khan and others ............Petitioners Vs. Bangladesh and others ……………….........Respondents Judgment January 27, 2011. Re......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: ......e dated 13.5.2008 upon the decree-holder bank requesting to release his property from the schedule of the auction notice and getting no response has moved this Court, obtained the instant Rule and an order of stay. 3. Bangladesh Shilpa Bank, Pabna branch as respondent No.1 appears and contests ......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)
.... Md.Hasanul Islam Hanif.................Petitioner Vs. State............................................Opposite-Party Judgment 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 ......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. ......Nazrul Islam Talukder J.- This Rule was issued on an application under section 561A of the Code of Criminal Procedure calling upon the Opposite-party to show cause as to why the impugned judgment and order date 6-5-2009 passed by the learned Metropolitan Special Tribunal No.7, Dhaka in Metropolitan ......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. ..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)
....……....Petitioners Vs. The City Bank Ltd. and others………………….....Respondents Judgment 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 ...... 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: ......posal of the Rule are that the petitioner company took term loan amounting to taka 50,00,000/- (fifty lac) only from the City Bank Ltd, a private bank operating under the Bank Companies Act, 1991. In order to secure the loan, the petitioner issued 25 (twenty-five) blank cheques in favour of the cred...... 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: ..Category: Banking Law | Date: 26 Jan, 2011 | Hits: 185
Category: Women and Children | Date: 26 Jan, 2011 | Hits: 246