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Ziaur Rahman (Md.) Vs. Artha Rin Adalat & others, 2010, 39 CLC (HCD)

....Court Division (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Sheikh Hassan Arif J Ziaur Rahman (Md.)…………………….........Petitioner Vs. Artha Rin Adalat & others………………………..Respondents Judgment July 14, 20......Division (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Sheikh Hassan Arif J Ziaur Rahman (Md.)…………………….........Petitioner Vs. Artha Rin Adalat & others………………………..Respondents Judgment July 14, 2010. ......law and in the light of observations made above. The order of stay granted at the time of issuance of rule stands vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 189. ..

Category: Civil Law | Date: 14 Jul, 2010 | Hits: 48

Dhirendra Nath Mondal Vs. Agrani Bank Ltd and others, 2010, 39 CLC (HCD)

....td and others.............Respondents Judgment        June 7, 2010.     Result: The appeal is dismissed. Section5-7 of Artha Rin Adalat Ain, 1990 enjoys immunity from challenge Sections 5-7 of the Artha Adalat Ain,...... others.............Respondents Judgment        June 7, 2010.     Result: The appeal is dismissed. Section5-7 of Artha Rin Adalat Ain, 1990 enjoys immunity from challenge Sections 5-7 of the Artha Adalat Ain, 1990 ......3 of 2001 is hereby affirmed. However, there will be no order as to costs. Send down the lower Court's record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 301. ..

Category: Civil Law | Date: 7 Jun, 2010 | Hits: 6

Md. Tofazzel Hossain and others Vs. People's Republic of Bangladesh, 2010, 39 CLC (HCD)

....ly failed to liquidate their respective loan liability as a result the Respondent Bank MEL as plaintiff filed suit for realization of Taka 77,15,048/- in Money Suit No.61 of 1995 in the 1 Court of Artha Rin Adalat Chittagong against (1) M/S T Hossain & sons (2) Mr. Tofazzal Hossain proprieto......led to liquidate their respective loan liability as a result the Respondent Bank MEL as plaintiff filed suit for realization of Taka 77,15,048/- in Money Suit No.61 of 1995 in the 1 Court of Artha Rin Adalat Chittagong against (1) M/S T Hossain & sons (2) Mr. Tofazzal Hossain proprietor of M......f this Judgment and order. Ad interim direction granted earlier at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 235. ..

Category: Civil Law | Date: 16 Mar, 2010 | Hits: 7

Dr. Md. Nazimuddin and others Vs. Md. Abdur Rahman Siddique and others, 2010, 39 CLC (HCD)

....ne police officer and 6 constables were deputed for handing over possession and in the meantime the judgment debtors submitted an application for transferring the case from the Sub-ordinate Judge, Artha Rin Adalat, Naogaon to the Bankruptcy Court at Dhaka for disposal on the ground that the judg......ice officer and 6 constables were deputed for handing over possession and in the meantime the judgment debtors submitted an application for transferring the case from the Sub-ordinate Judge, Artha Rin Adalat, Naogaon to the Bankruptcy Court at Dhaka for disposal on the ground that the judgment d......ower Court's record at once. Let a copy of the judgment be transmitted to the Courts concerned at their respective station. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 305. ..

Category: Civil Law | Date: 25 Feb, 2010 | Hits: 7

Agrani Bank Vs. Md. Abdul Khaleque & another, 2009, 38 CLC (HCD)

....eal No. 9 of 1997. Judgment Mashuque Hosain Ahmed J.- This appeal preferred by the plaintiff-appellant against the impugned judgment and decree dated 10.10.1995 passed by the Sub-Judge and Artha Rin Adalat, 2nd Court, Netrokona in Artha Rin Suit No.4 of 1994 2. The plaintiff’s case....... 9 of 1997. Judgment Mashuque Hosain Ahmed J.- This appeal preferred by the plaintiff-appellant against the impugned judgment and decree dated 10.10.1995 passed by the Sub-Judge and Artha Rin Adalat, 2nd Court, Netrokona in Artha Rin Suit No.4 of 1994 2. The plaintiff’s case, in b......dismissed, the judgment and the decree of the trial court is hereby set aside. Send down the L.C. record immediately. Md. Abu Tariq J.- I agree. Ed. This Case is also Reported in:..

Category: Banking Law | Date: 23 Jun, 2009 | Hits: 153

Dr. M. A. Yahia Vs. Md. Abdul Quader and others, 2009, 38 CLC (AD)

....therefore, no substance, in the leave petition and the same is dismissed accordingly. Ed. Case is also Reported in: 14 MLR (AD) (2009) 235; 29 BLD (AD) (2009) 59; 14 BLC (AD) (2009) 109. ......therefore, no substance, in the leave petition and the same is dismissed accordingly. Ed. Case is also Reported in: 14 MLR (AD) (2009) 235; 29 BLD (AD) (2009) 59; 14 BLC (AD) (2009) 109. ......therefore, no substance, in the leave petition and the same is dismissed accordingly. Ed. Case is also Reported in: 14 MLR (AD) (2009) 235; 29 BLD (AD) (2009) 59; 14 BLC (AD) (2009) 109. ..

Category: Property Law | Date: 15 Apr, 2009 | Hits: 36

Advance Sweater Industry Ltd Vs. Mohiuzzaman Chowdhury and others, 2009, 38 CLC (HCD)

.... Civil Revision No. 4458 of 2006 Judgment S. K. Sinha J.— A nice and subtle law point is involved in this rule which is whether, an appeal is maintainable under Section 41 of the Artha Rin Ain, 2003 before the learned District Judge against an order of the Artha Rin Adalat in an......Civil Revision No. 4458 of 2006 Judgment S. K. Sinha J.— A nice and subtle law point is involved in this rule which is whether, an appeal is maintainable under Section 41 of the Artha Rin Ain, 2003 before the learned District Judge against an order of the Artha Rin Adalat in an execu......de absolute without any order as to costs. The impugned judgment and order of the learned Additional District Judge is set aside. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 16 ..

Category: Civil Law, Procedural Law | Date: 18 Feb, 2009 | Hits: 1

A. J. M. Helal & others Vs. Bangladesh and others, 2009, 38 CLC (HCD)

....t of not less than fifty percent of the amount of the dishonourd cheque is deposited before filing the appeal in the Court which awarded the sentence. A similar precondition has been provided in Artha Rin Adalat Ain. The Legislature in ap­plying their wisdom put similar type of re­stric...... Md. Nur Islam Vs. Agrani Bank, 1 MLR (AD) 373; Anisur Rahman Vs. Bangladesh, 12 BLC 22; AHN Kabir Vs. Bangla­desh, 13 BLC 686; Akhter Hossain Vs. Hasmat Ali, 60 DLR 368; Md. Mofiz Mia Vs. Artho Rin Adalat and others, 16 BLT 476; 2 BLC (AD) 87; 26 BLD (AD) 172; 59 DLR (AD) 26; 17 BLD (AD) 35; 1......surrender their respective bail bond within 2 (two) months from date. Communicate this judgment at once. Ed. This Case is also Reported in:  29 BLD (HCD) (2009) 264.   ..

Category: Corporate Law | Date: 9 Feb, 2009 | Hits: 5

AJM Helal Vs. Bangladesh and others, 2009, 38 CLC (HCD)

....ourt which awarded the sentence…………………………………………(17) The pre-condition of depositing 50% of decrial amount at the time of preferring appeal was first introduced in Artha Rin Adalat Ain, 1990 which has also been challenged in various writ petitions unsuccessfully. ......hich awarded the sentence…………………………………………(17) The pre-condition of depositing 50% of decrial amount at the time of preferring appeal was first introduced in Artha Rin Adalat Ain, 1990 which has also been challenged in various writ petitions unsuccessfully. The pr......rs are directed to surrender their respective bail bond within 2(two) months from date. Communicate this judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 479. ..

Category: Civil Law | Date: 9 Feb, 2009 | Hits: 45

Gour Netai Sri Sri Modan Mohan Das Bigraha Vs. Jahanara Islam Chowdhury and others, 2008, 37 CLC (HCD)

....o. 992 of 2006. In Civil Appeal No. 283 of 2003, the original decree holder being unsuccessful in this Division challenged the order dated 10-11-94 of the Subordinate Judge and Commercial Court and Artha Rin Adalat at Dhaka granting stay of further proceedings of Title Execution Case No. 03 of 19...... of 2006. In Civil Appeal No. 283 of 2003, the original decree holder being unsuccessful in this Division challenged the order dated 10-11-94 of the Subordinate Judge and Commercial Court and Artha Rin Adalat at Dhaka granting stay of further proceedings of Title Execution Case No. 03 of 1993 (a......pect of possession until disposal of the aforesaid matter by the learned District Judge. Send down the record at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 141. ..

Category: Hindu Law | Date: 18 Dec, 2008 | Hits: 22

Mosammat Setara Begum Vs. Al-Arafah Islami Bank Ltd. and others, 2008, 37 CLC (HCD)

....w. Office is directed to communicate the order at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 480. ...... Constitution of the People's Republic of Bangladesh, calling upon the respondents to show cause as to why the impugned order dated 24-08-2006 (Annexure-E to the writ petition) passed by the Artho Rin Adalat no.4, Dhaka, in Artho Execution Case no.60 of 2006, conferring title of petitioner's mor......w. Office is directed to communicate the order at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 480. ..

Category: Civil Law | Date: 11 Nov, 2008 | Hits: 4

Akramuzzaman (Md.) alias Babu Vs. Artha Rin Adalat No. 1 Rajbari and others, 2008, 37 CLC (HCD)

....e Court High Court Division (Special Original Jurisdiction) Present: Zinat Ara J SM Ziaul Karim J Akramuzzaman (Md.) alias Babu ……………. Petitioner Vs. Artha Rin Adalat No. 1 Rajbari and others………………..Respondents Judgment Novembe......t High Court Division (Special Original Jurisdiction) Present: Zinat Ara J SM Ziaul Karim J Akramuzzaman (Md.) alias Babu ……………. Petitioner Vs. Artha Rin Adalat No. 1 Rajbari and others………………..Respondents Judgment November 5, 2......cate the order at once with a copy of judgment for information and necessary action to all respondents. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 638; 15 MLR (HCD) (2010) 1. ..

Category: Civil Law | Date: 5 Nov, 2008 | Hits: 168

Khairul Amin and others Vs. Md. Saidul Hoque & another, 2008, 37 CLC (HCD)

.... Code of Civil Procedure is not called for. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in:  61 DLR (HCD) (2009) 252. ...... Code of Civil Procedure is not called for. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in:  61 DLR (HCD) (2009) 252. ...... Code of Civil Procedure is not called for. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in:  61 DLR (HCD) (2009) 252. ..

Category: Evidence Law | Date: 19 Jun, 2008 | Hits: 8

City Bank Ltd. Vs. Artha Rin Adalat No.1 Dhaka and others, 2008, 37 CLC (HCD)

....Court High Court Division (Special Original Jurisdiction) Present: Zinat Ara J Sheikh Abdul Awal J City Bank Ltd…………………………Petitioner Vs. Artha Rin Adalat No.1 Dhaka and others………………………..Respondents Judgment Ju...... High Court Division (Special Original Jurisdiction) Present: Zinat Ara J Sheikh Abdul Awal J City Bank Ltd…………………………Petitioner Vs. Artha Rin Adalat No.1 Dhaka and others………………………..Respondents Judgment June 17,......sult, the Rule is discharged with­out any order as to cost. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 911. ..

Category: Civil Law | Date: 17 Jun, 2008 | Hits: 7

Shrimp and Fish Processing Plant Ltd. Vs. National Bank Limited and others, 2008, 37 CLC (HCD)

....ition No.4603 of 2003 Judgment Sheikh Abdul Awal J.- In this Rule Nisi the respondents were called upon to show cause as to why Order No.11 dated 31.05.2003 passed by the respondent No.3, Artha Rin Adalat, Chittagong (Annexure-C) rejecting an application under Order VII rule 10 read wit......No.4603 of 2003 Judgment Sheikh Abdul Awal J.- In this Rule Nisi the respondents were called upon to show cause as to why Order No.11 dated 31.05.2003 passed by the respondent No.3, Artha Rin Adalat, Chittagong (Annexure-C) rejecting an application under Order VII rule 10 read with sect......he order of stay granted earlier by this Court stands vacated. Communicate the order to the Adalat concerned at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 503. ..

Category: Procedural Law | Date: 4 May, 2008 | Hits: 9

Jewel Cotton Spinning and Weaving Mills Ltd. Vs. Bangladesh & others, 2008, 37 CLC (HCD)

....47 of 2005. Judgment Mir Hashmat Ali J. - This Rule was issued calling up on the respondents to show cause as to why the impugned Judgment and order dated 16-2-2005 passed by respondent No.2 in Artha Rin Adalat Case No.40 of 2004 should not be declared to have been passed without lawful author......2005. Judgment Mir Hashmat Ali J. - This Rule was issued calling up on the respondents to show cause as to why the impugned Judgment and order dated 16-2-2005 passed by respondent No.2 in Artha Rin Adalat Case No.40 of 2004 should not be declared to have been passed without lawful authority an......d with cost. The trial Court is directed to dispose of the suit preferably within three months from the date of receipt of the order. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 572. ..

Category: Civil Law | Date: 24 Apr, 2008 | Hits: 62

Humayun Hossain Khan Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (HCD)

.... Zinat Ara J.- In this writ petition under Article 102 of the Constitution, the petitioner has challenged the legality of Order No. 29 dated 4-10-2004 (Annexure-G) passed by the learned Judge of the Artha Rin Adalat No.3, Dhaka in Artha Rin Suit No.32 of 2004 rejecting the prayer of the petitioner ......t Ara J.- In this writ petition under Article 102 of the Constitution, the petitioner has challenged the legality of Order No. 29 dated 4-10-2004 (Annexure-G) passed by the learned Judge of the Artha Rin Adalat No.3, Dhaka in Artha Rin Suit No.32 of 2004 rejecting the prayer of the petitioner for di......ted. Artha Rin Adalat No.3, Dhaka is directed to dispose of the suit expeditiously. Communicate the Judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 513. ..

Category: Banking Law, Civil Law | Date: 8 Jan, 2008 | Hits: 9

M. A. Jaher and others Vs. Sonali Bank and others, 2007, 36 CLC (HCD)

.... Writ Petition No.6067 of 2004. Judgment Md. Abu Tariq J.- This rule has arisen out of order No.49 dated 16.6.2004 issuing warrant of arrest against the writ petitioners passed by the Artha Rin Adalat No.1, Bhola in Artha Rin Execution Case No.6 of 2001. 2. The facts relevant f......rit Petition No.6067 of 2004. Judgment Md. Abu Tariq J.- This rule has arisen out of order No.49 dated 16.6.2004 issuing warrant of arrest against the writ petitioners passed by the Artha Rin Adalat No.1, Bhola in Artha Rin Execution Case No.6 of 2001. 2. The facts relevant for dis......r before the Artha Rin Adalat concerned within 30 days from the date of receipt of the copy of this judgment by that Adalat. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 64. ..

Category: Civil Law | Date: 11 Sep, 2007 | Hits: 6

State Vs. Tipu Gazi and others, 2007, 36 CLC (HCD)

.... once, if not wanted in any other connection. Send down lower tribunal records along with a copy of this, judgment expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 516. ...... once, if not wanted in any other connection. Send down lower tribunal records along with a copy of this, judgment expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 516. ...... once, if not wanted in any other connection. Send down lower tribunal records along with a copy of this, judgment expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 516. ..

Category: Criminal Law | Date: 15 Aug, 2007 | Hits: 26

Mosammat Momina Begum Vs. Additional District Judge and Bankruptcy Court, Dhaka and others, 2007, 36 CLC (HCD)

....ny order as to costs. The order of stay granted at the time of issuance of the rule stands vacated. Communicate the order at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 29. ......ise to a disputed question of fact can not be decided in writ jurisdiction of the High Court Division (II) the law is now well settled that since there being special provision for appeal in the Artho Rin Adalat Act, 1990 no application under Article 102 of the Constitution lies against the Judgment ......ny order as to costs. The order of stay granted at the time of issuance of the rule stands vacated. Communicate the order at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 29. ..

Category: Banking Law | Date: 9 Aug, 2007 | Hits: 565