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Hussain Fabrics Ltd. Represented by its Managing Director and another Vs. Haji Momena Khatun and others, 2011, 40 CLC (AD)

....ubstance hi the submis­sions of the learned Advocate for the petitioners. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 119. ......ere­in. Some unscrupulous persons had tried to dispos­sess the defendants from the land allotted to the defendant No.1 the company and finding no other way the defendant No.2 filed a petition case bearing No. 5877 of 2001 before the Chief Metropolitan Magistrate, Dhaka alleging, inter alia, ......ving no right, title, interest and possession over the assets of Hussain Fabrics Ltd. got 10 Ansars posted there­in. Some unscrupulous persons had tried to dispos­sess the defendants from the land allotted to the defendant No.1 the company and finding no other way the defendant No.2 filed a ..

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: ......Act giving rise to Sessions Case No. 626 of 2006, which was ultimately tried by the learned Sessions Judge, Sylhet. As the petitioner had paid off the entire loan, he was honourably acquitted in that case. But in spite of repayment of entire loan, the creditor-bank published the impugned auction not......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: ..

Category: Banking Law | Date: 17 Feb, 2011 | Hits: 174

Abu Hanifa (Md.) Vs. Md. Shafiul Bashar and others, 2011, 40 CLC (AD)

....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. ......appearing on behalf of the writ petition­er-respondent No.1 submits that the revocation of licence of the respondent No. 1 as Nikah Registrar of No.12, Rangasree Union without serving notice to show case was violation of the provision of Section 11 of the Muslim Marriage sand Divorces (Registration......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)

....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. ......to rehear Appeal Case Nos.31335 of 2001, 31336 of 2001 and 41105 of 2001 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 n......on neither decides the complicated question of title nor the disputed question of fact.....................(34) Cases Referred to- Md. Aftab Ali Sheikh Vs. Director Land Records, Directorate of land records and surveys, Tejgaon, Dhaka and others, 11 MLR (HC) (2006) 226; Md. Aftab Ali Sheikh Vs..

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 ......tice was intended". 14. The question whether an appeal lies against an order of the Artha Rin Adalat has been considered in Sarder Jan-e Alam Vs. Arab Bangladesh Bank Ltd., 4 BLC (AD) 178. In that case the facts are that in pursuance of an ex-parte decree, the decree holder-Bank put the decree in......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

Bangladesh National Women Lawyers Association Vs. Cabinet Secretary, Bangladesh Secretariat, Dhaka and others, 2011, 40 CLC (HCD)

....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]. ......oner also has placed before us bundles of material with regard to children working in this country and particularly those working in the domestic sector. She has brought to our notice the innumerable cases reported in the daily newspapers almost every day concerning atrocities committed upon helples......nment should take steps so that the employment of women and children in the domestic sector may be monitored and their rights as workers ensured in accordance with the Constitution and the law of the land. She submits that the domestic workers who work in the houses do so from early morning till lat..

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: ...... issued calling in question order dated 30.5.2005 passed in Artha Rin Execution Case No. 741 of 2003 pending in Artha Rin Adalat No.1, Chittagong and also the entire proceedings in the said execution case. 2. Facts leading to this writ petition, in short, are that Agrani Bank, Laldighi East Bra...... 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)

....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     ......nt Judge, Sadar, Rangpur impleading the present defendant-opposite parties praying for permanent injunction in respect of the suit land as described in the schedule of the plaint. The plaintiff's case in short is that Shib Krishna Sen and Monikrishna Sen were the original owner of the suit land ......Other Suit No.238 of 2009 on 29-8-2009 in the Court of Senior Assistant Judge, Sadar, Rangpur impleading the present defendant-opposite parties praying for permanent injunction in respect of the suit land as described in the schedule of the plaint. The plaintiff's case in short is that Shib Kris..

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: ......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: ......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. ......ate, Chittagong took cog­nizance under section 138 of the Negotiable Instruments Act, 1881 and subsequently it was transferred to Mohanagar Additional Sessions Judge, 3rd Court, Chittagong. When the case was pending before the said Court, the accused-petition­er preferred this application under se......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)

.... 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. ......te of receipt of the notice. Cause of action for filing the petition of complainant arose on 29-10-2009 when 30 days from the date of issuance of the legal notice expired and hence the bank filed the case. In the petition of com­plainant it was further sated that in order to realize its loan the...... 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)

.... 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: ......tion for exemption of interest on deposition of the remaining principle amount of loan in Artha Rin Execution Case No. 29 of 2003 (arising out of Artha Rin Suit No. 3 of 1994). 2. Petitioner’s case, in short, is that Sonali Bank Ltd, Bhairabganj Bazar Branch, Moulvibazar as plaintiff institut...... 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)

....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: ......As the judgment debtors failed to pay the decretal amount, the bank put the decree in execution by filing Artha Jari Case No. 727 of 2005 on 27.10.2005. In course of proceedings in the said execution case, the mortgaged property was put in auction on 31.7.2006 and the highest bid of Taka 7,70,000/- ......ion purchaser sold the property to these respondents, who went into possession over the auctioned property, got the record mutated in their names and paid rent and development taxes to the respective land office. The petitioner has obtained the Rule on 7.2.2010 after long laps of two and half years ..

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.......hu Nirjatan Case No. 471 of 2010 pending before the Nari-O-Shishu Nirjatan Daman Tribunal, Barisal.) Judgment Syed Md. Ziaul Karim J. - By this appeal the appellant seeks bail in Nari-O-Shishu case no. 471 of 2010 arising out of Gournadi Police Station Case no. 13 dated 17-06-2010 correspondi......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)

.... 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.......l 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 issuing summons to the charge sheeted witness with ...... 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. ......prietors 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, the applicant Haji Abdul Maleque filed an application for withdrawal of his original applicati......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)

....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.   ...... 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.319 of 2006 (second execution case) rejecting the petitioner's application for rejection of the execution case as being barred......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)

....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.......ch 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. 6. Mr. Abdul ......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)

....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: ......ale of the petitioner’s property 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 K......our 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 East Eash Dair under Fatulla Police Station..

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.   ......tion of fact which is for the court to arrive at a decision. Non-examination of important witnesses creates presumption under section 114(g) of the Evidence Act and raises doubt about the prosecution case and benefit of doubt would always go in favour of the accused. petitioner. Non-examination of i......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