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Category: Civil Law | Date: 17 Feb, 2011 | Hits: 5
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: ...... (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Sanjoy Roy ………………………………………..Petitioner Vs. Bangladesh and others ……….............Respondents Judgment February 17, 2011. Result ......and seven hundred thirty and Paisa seventy-five) only from South East Bank Ltd., Shahjalal Upashahar Branch, Sylhet, a private bank operating under the Bank Companies Act (herein respondent No.3). In order to secure the loan, the petitioner issued a cheque against the said amount. As the petitioner ..Category: Banking Law | Date: 17 Feb, 2011 | Hits: 174
Abu Hanifa (Md.) Vs. Md. Shafiul Bashar and others, 2011, 40 CLC (AD)
....e Nikah registrar holding temporary license, the government is at liberty to hold an inquiry into the matter after giving the Nikah registrar a notice to show cause and thereafter take steps as per law and if necessary cancel his licence.………………..(7) Cases Referred to- University of...... ......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 ..Category: Civil Law | Date: 15 Feb, 2011 | Hits: 8
Jamiul Hossain Vs. Government of Bangladesh & Others, 2011, 40 CLC (HCD)
....1 and the notice dated 14.7.2002 issued by respondent No.3 contained in annexure-H to the writ petition for rehearing of above 3 cases on 24.07.2002 should not be declared to have been passed without lawful authority and are of no legal effect and/or pass such other or further order or orders as to ...... Others…………………………Respondents Judgment February 15, 2011. Result: The Rule is made absolute. The proceeding under article 102(2) of the Constitution is a summary one and it is mainly decided on the statements and documents annexed to the writ petition and the affida......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..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)
....ecree on that date. Thereupon the respondent Nos.1 and 2 moved the High Court Division a writ petition challenging the said order of drawing up the final decree on the ground that the Adalat erred in law in drawing up the final decree after the expiry of three years from the date of the preliminary ...... Present ABM Khalrul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Rupali Bank Ltd., Dhaka……………………………………Plaintiff Vs. M/S. Brick Linkers Ltd. and Others………………Respondent Judgment February 15, 2011. Case Referred To- Sar......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..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)
....s (90+60) for conclusion of an execution case under the Ain already expired on 2.12.2003. Therefore, the continuance of the execution case in question after expiry of 2.12.2003 is beyond the scope of law and as such without lawful authority. The learned Advocate further submits that the executing Co...... Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Mohammad Abdus Sabur ………………….................Petitioner Vs. Agrani Bank, Laldighi East Branch, Chittagong and others…... Respondents Judgment February 10, 2011. Result The Rule is disc......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..Category: Banking Law | Date: 10 Feb, 2011 | Hits: 192
Promoda Sundari Sen Kalyan Trust Vs. Momtaz Zafar Ahmed and Others, 2011, 40 CLC (HCD)
....me suit land the Artha Rin Adalat passed a decree in Artha Rin Case No.771 of 2004 and thereafter, the suit property was sold in auction in Artha Rin Execution Case No. 638 of 2004 in accordance with law. 8. Being aggrieved by the aforesaid judgment and decree of two Courts below the present pl...... Present: Sheikh Abdul Awal J F.R.M. Nazmul Ahasan J Promoda Sundari Sen Kalyan Trust………………Appellants Vs. Momtaz Zafar Ahmed and Others…………………..Respondent Judgment Fe......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..Category: Banking Law | Date: 9 Feb, 2011 | Hits: 2
Nazim Uddin Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... the hypothecated property kept under the control of the creditor–bank, it can not go for auction to sell the petitioner’s mortgaged property and as such the auction notice is illegal and without lawful authority. 4. We have examined the writ petition as well as the impugned auction notice.......ecial Original Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Nazim Uddin……………………...............................Petitioner Vs. Bangladesh and others ………………….................Respondents Judgment February 9, 2011. ......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..Category: Banking Law | Date: 9 Feb, 2011 | Hits: 162
Shah Alam (Md.) Vs. State and another, 2011, 40 CLC (HCD)
....ase is liable to be discharged. In the result, the Rule is discharged. Stay order passed in connection with this Rule stands vacated. The 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 als......ion (Criminal Miscellaneous Jurisdiction) Present: Khondker Musa Khaled J Quazi Reza-ul-Hoque J Shah Alam (Md.)……………………......................Petitioner Vs. State and another……………………………………..Opposite-Parties Judgment February 6, ......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..Category: Banking Law | Date: 6 Feb, 2011 | Hits: 361
Sohrab Hossain (Md.) & others Vs. State & another, 2011, 40 CLC (HCD)
....12-2008 for Taka 2, 77, 79,245 drawn on an account maintained with the bank. The cheque having been presented for encashment was dishonoured on 28-12-2008. Then on 25-1-2009 the bank through its lawyer served a legal notice upon the accused-petitioners who on receipt of the notice took back the......gned proceedings of CR Case No.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. ......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..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: ......on) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Aslam Khan …………………………………………………....Petitioner Vs. Artha Rin Adalat, Moulvibazar and another ………...Respondents Judgment February 2, 2011. Result The Rule i......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..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)
....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......nal Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Md. Nasurullah alias Nasu ……………………….....Petitioner Vs. Artha Rin Adalat No. 4, Dhaka and others…………....Respondents Judgment February 2, 2011. Result The Rule......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..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.......Shishu Nirjatan Daman Tribunal, Barisal. 2. Facts, in brief are that on 11-06-2010 at 4.00 pm. a minor daughter of informant named Liza (14) was abducted in absence of the inmates by the appellant and two others, with a view to marry her, against her will. Having unsuccessful searched the victim,...... 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..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.........................................Respondent Judgment January 31, 2011. Lawyers Involved: MA Shahid Choudhury, Advocate-For the Appellant. Md. Moniruzzaman, Assistant Attorney-General and Kazi Mahmudid Karim, Assistant Attorney-General-For the Respondent. Criminal Appeal Order No......-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..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. ....... Ruhul Quddus J Kanin (India) (P) Ltd. ……………………...............................Appellant Vs. The Registrar of Trade Marks, Dhaka and another …….....Respondents Judgment January 30, 2011. Result: ......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..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)
....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 ...... Md. Ruhul Quddus J Mirza Ahsan Habib…………………………………Petitioner Vs. The Judge, Artha Rin Adalat and another...........Respondents Judgment January 19, 2011. Result: The Rule is......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...Category: Banking Law | Date: 29 Jan, 2011 | Hits: 2
Mosharraf Hossain (Md.) and others Vs. Akhtar Hossain, 2011, 40 CLC (HCD)
....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......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 ..Category: Property Law | Date: 27 Jan, 2011 | Hits: 95
Nasirul Islam Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....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 ......h Court Division (Special Original Jurisdiction) 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 ……………….........Re......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 ..Category: Banking Law | Date: 27 Jan, 2011 | Hits: 172
Md.Hasanul Islam Hanif Vs. State, 2011, 40 CLC (HCD)
....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......pposite-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 solitary witness and it is not necessary to seek corroboration always from independent sources. Adverse presumption u......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 ..Category: Evidence Law | Date: 26 Jan, 2011 | Hits: 7