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Abdul Hamid Chowdhury (Iqbal) and Others Vs. Artha Rin Adalat and Others, 2015, 44 CLC (HCD)

.... (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Zafar Ahmed J Abdul Hamid Chowdhury (Iqbal) and Others…………Petitioner Vs. Artha Rin Adalat and Others……………………….......cial Original Jurisdiction) Present: Md. Ashfaqul Islam J Zafar Ahmed J Abdul Hamid Chowdhury (Iqbal) and Others…………Petitioner Vs. Artha Rin Adalat and Others………………………..Respo...... Original Jurisdiction) Present: Md. Ashfaqul Islam J Zafar Ahmed J Abdul Hamid Chowdhury (Iqbal) and Others…………Petitioner Vs. Artha Rin Adalat and Others………………………..Responden......016) 148   ..

Category: Banking Law | Date: 5 Nov, 2015 | Hits: 3

Turfatur Ain Chowdhury Vs. Artha Rin Adalat Dhaka and Others, 2015, 44 CLC (HCD)

....adul Huq J Khurshid Alam Sarkar J Turfatur Ain Chowdhury…………………………………Petitioner Vs. Artha Rin Adalat Dhaka and Others………………Respondent Jud......uq J Khurshid Alam Sarkar J Turfatur Ain Chowdhury…………………………………Petitioner Vs. Artha Rin Adalat Dhaka and Others………………Respondent Judgment ......bsp;J Khurshid Alam Sarkar J Turfatur Ain Chowdhury…………………………………Petitioner Vs. Artha Rin Adalat Dhaka and Others………………Respondent Judgment ......urshid Alam Sarkar J Turfatur Ain Chowdhury…………………………………Petitioner Vs. Artha Rin Adalat Dhaka and Others………………Respondent Judgment August 25, 2..

Category: Constitutional Law, Procedural Law | Date: 25 Aug, 2015 | Hits: 4

Abdul Monayem Lili Vs. Judge, Artha Rin Adalat & others, 2015, 44 CLC (HCD)

....sent: Md. Ashfaqul Islam J Kashefa Hussain J Abdul Monayem Lili…………………………….Petitioner Vs. Judge, Artha Rin Adalat & others..............Respondents Judgment May 25, 2015. Result:...... Md. Ashfaqul Islam J Kashefa Hussain J Abdul Monayem Lili…………………………….Petitioner Vs. Judge, Artha Rin Adalat & others..............Respondents Judgment May 25, 2015. Result: ...... Md. Ashfaqul Islam J Kashefa Hussain J Abdul Monayem Lili…………………………….Petitioner Vs. Judge, Artha Rin Adalat & others..............Respondents Judgment May 25, 2015. Result: The ......ŋāĻŦāϏ) should be taken into consideration. Even the Court in which the Judge-in-charge is sitting temporarily this section applies in verbatim, That is to say absolutely in terms of the law as it stands.                ..

Category: Banking Law | Date: 25 May, 2015 | Hits: 0

Bangladesh Legal Aid and Services Trust (BLAST) and others Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Dhaka and others, 2015, 44 CLC (AD)

.... There shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a sentence of life imprisonment. Ed. This Case is also Reported in: ...... There shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a sentence of life imprisonment. Ed. This Case is also Reported in: ......-Shishu Nirjatan Daman Ain, 2000 (Ain VIII of 2000) has been called in question by the appellant Md. Sukur Ali, a death row convict, who has been convicted by the Nari-O-Shishu Nirjatan Daman Bishesh Adalat, Manikgonj for sexually assaulting to death of Sumi Akhter, a minor girl aged at about 7 year......eme Court Appellate Division (Criminal) Present: Surendra Kumar Sinha CJ Nazmun Ara Sultana J Syed Mahmud Hossain J Hasan Foez Siddique J Bangladesh Legal Aid and Services Trust (BLAST) and others …………………&..

Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 83

Bangladesh Legal Aid and Services Trust (BLAST) and others Vs. Shafiqul Islam & Others, 2015, 44 CLC (AD)

....ere shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a sentence of life imprisonment. Ed. This Case is also Reported in: ......ere shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a sentence of life imprisonment. Ed. This Case is also Reported in: ......-Shishu Nirjatan Daman Ain, 2000 (Ain VIII of 2000) has been called in question by the appellant Md. Sukur Ali, a death row convict, who has been convicted by the Nari-O-Shishu Nirjatan Daman Bishesh Adalat, Manikgonj for sexually assaulting to death of Sumi Akhter, a minor girl aged at about 7 year......llate Division (Civil Appellate Jurisdiction) Present: Surendra Kumar Sinha CJ Nazmun Ara Sultana J Syed Mahmud Hossain J Hasan Foez Siddique J Bangladesh Legal Aid and Services Trust (BLAST) and others ......................................Appellant (In Civil..

Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 86

Rukunuddin Mollah (Md.) and others Vs. Artha Rin Adalat 2nd Court and others, 2015, 44 CLC (HCD)

.... Court Division (Special Original Jurisdiction) Present: Zubayer Rahman Chowdhury J Mahmudul Hoque J Rukunuddin Mollah (Md.) and others.............Petitioners Vs. Artha Rin Adalat 2nd Court and others.....................Respondents Judgment April 27, ...... Division (Special Original Jurisdiction) Present: Zubayer Rahman Chowdhury J Mahmudul Hoque J Rukunuddin Mollah (Md.) and others.............Petitioners Vs. Artha Rin Adalat 2nd Court and others.....................Respondents Judgment April 27, 2015. ......ision (Special Original Jurisdiction) Present: Zubayer Rahman Chowdhury J Mahmudul Hoque J Rukunuddin Mollah (Md.) and others.............Petitioners Vs. Artha Rin Adalat 2nd Court and others.....................Respondents Judgment April 27, 2015. ......DLR (HCD) (2015) 287. ..

Category: Banking Law, Others | Date: 27 Apr, 2015 | Hits: 10

Aminul Karim (Md.) Vs. Government of Bangladesh and others, 2015, 44 CLC (HCD)

.... Case No.781 of 2013 under sections 138/140 of the Negotiable Instrument Act, 1881 now pend­ing before the learned Metropolitan Sessions Judge Court, Chittagong by respondent No. 3 in addition to Artha Rin Suit for recovery of loan amount should not be declared to have been initiated without law......No.781 of 2013 under sections 138/140 of the Negotiable Instrument Act, 1881 now pend­ing before the learned Metropolitan Sessions Judge Court, Chittagong by respondent No. 3 in addition to Artha Rin Suit for recovery of loan amount should not be declared to have been initiated without lawful au......Bank Limited, Agrabad Corporate Branch, Chittagong and failed to adjust its loan liability. The respondent No.3 Sonali bank on 8-10-2013 instituted Artha Rin Suit No. 308 of 2013 before the Artha Rin Adalat, First Court, Chittagong (hereinafter referred to as Adalat) for recovery of loan which was s......ial Original Jurisdiction) Present: Md. Ashfaqul Islam J Kashefa Hussain J Aminul Karim (Md.)....................................Petitioner Vs. Government of Bangladesh and others............ Respondents Judgment March 9, 2015. Result: The Rule is d..

Category: Banking Law, Procedural Law | Date: 9 Mar, 2015 | Hits: 0

Ramjan Ali Tarafder (Md.) Vs. Bangladesh and others, 2015, 44 CLC (HCD)

....ner Vs. Bangladesh and others...... ...............Respondents Judgment February 22, 2015.        Result: The Rule is discharged. Artha Rin Adalat Ain (VIII of 2003); Sections 12 & 33(2) The compliance of provision of sec...... Vs. Bangladesh and others...... ...............Respondents Judgment February 22, 2015.        Result: The Rule is discharged. Artha Rin Adalat Ain (VIII of 2003); Sections 12 & 33(2) The compliance of provision of section 3......s. Bangladesh and others...... ...............Respondents Judgment February 22, 2015.        Result: The Rule is discharged. Artha Rin Adalat Ain (VIII of 2003); Sections 12 & 33(2) The compliance of provision of section 33(2)...... Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Kashefa Hussain J Ramjan Ali Tarafder (Md.).......................Petitioner Vs. Bangladesh and others...... ...............Respondents Judgment February 22, 2015.   &..

Category: Banking Law | Date: 22 Feb, 2015 | Hits: 7

Mosharaf Hossain (Md.) Vs. Bangladesh and others, 2015, 44 CLC (HCD)

....sp;        February 17, 2015.        Result: The Rule is discharged. Sub-Sec­tions 6(Kha) And (7) of the Artha Rin Adalat Ain, 2003 are followed as Separate Status— Legislature has deliberately......sp;       February 17, 2015.        Result: The Rule is discharged. Sub-Sec­tions 6(Kha) And (7) of the Artha Rin Adalat Ain, 2003 are followed as Separate Status— Legislature has deliberately given......nbsp;      February 17, 2015.        Result: The Rule is discharged. Sub-Sec­tions 6(Kha) And (7) of the Artha Rin Adalat Ain, 2003 are followed as Separate Status— Legislature has deliberately given sub......ision (Special Original Jurisdiction) Present: Sheikh Hassan Arif J Mustafa Zaman Islam J Mosharaf Hossain (Md.)..........................Petitioner Vs. Bangladesh and others...... …………………..Respondents Judgment..

Category: Administrative Law, Others | Date: 17 Feb, 2015 | Hits: 4

A Hakim Gazi and others Vs. Md. Nasiruddin, Assistant Vice President/Manager and others, 2014, 43 CLC (HCD)

....ff's-son availed investment facility of Taka 8,00,000 from the bank but defaulted in repaying the same within the stipulat­ed period. The bank sent a legal notice under sec­tion 12 of the Artha Rin Adalat Ain, 2003 to the plaintiff's son who received the same on 17-8-2011, but did no......;s-son availed investment facility of Taka 8,00,000 from the bank but defaulted in repaying the same within the stipulat­ed period. The bank sent a legal notice under sec­tion 12 of the Artha Rin Adalat Ain, 2003 to the plaintiff's son who received the same on 17-8-2011, but did not repa......on availed investment facility of Taka 8,00,000 from the bank but defaulted in repaying the same within the stipulat­ed period. The bank sent a legal notice under sec­tion 12 of the Artha Rin Adalat Ain, 2003 to the plaintiff's son who received the same on 17-8-2011, but did not repay th...... is also Reported in: 67 DLR (HCD) (2015) 218 ..

Category: Constitutional Law, Contract Law | Date: 11 Dec, 2014 | Hits: 8

Sonali Bank Limited Vs. UT Garments Limited and others, 2014, 43 CLC (HCD)

................Plaintiff-Petitioner Vs. UT Garments Limited and others......Defendant-Opposite-Parties Judgment December 4, 2014.  Result: The rule is discharged. Artha Rin Adalat — Its Juris­diction— Execution of Decree— In executing t............Plaintiff-Petitioner Vs. UT Garments Limited and others......Defendant-Opposite-Parties Judgment December 4, 2014.  Result: The rule is discharged. Artha Rin Adalat — Its Juris­diction— Execution of Decree— In executing the dec........Plaintiff-Petitioner Vs. UT Garments Limited and others......Defendant-Opposite-Parties Judgment December 4, 2014.  Result: The rule is discharged. Artha Rin Adalat — Its Juris­diction— Execution of Decree— In executing the decree ...... (Civil Revisional Jurisdiction) Present: Sharif Uddin Chaklader J Ashish Ranjan Das J Sonali Bank Limited...................Plaintiff-Petitioner Vs. UT Garments Limited and others......Defendant-Opposite-Parties Judgment December 4, 2014.  Result: ..

Category: Banking Law | Date: 4 Dec, 2014 | Hits: 4

Onil Kuar Podder and others Vs. Mostafa Unuch, 2014, 43 CLC (HCD)

....aside. Pre-emption Title Suit No. 47 of 2007 is dis­missed. Send down the lower court records at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 302   ......aside. Pre-emption Title Suit No. 47 of 2007 is dis­missed. Send down the lower court records at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 302   ......o the case law upon the sub­ject. In Ramrutun Singh Vs. Chunder Naraen Rai (1) (ISDA Rcp, 1) which is the earliest reported case, having been decided in 1792, it was held by the Bengal Sadr Diani Adalat, that among the holders of separate shares of an hereditary zamindari, each, according to the...... (2015) 302   ..

Category: Property Law | Date: 15 Sep, 2014 | Hits: 8

Shah Monzurul Hoque Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)

....section 82BB of the Income Tax Ordinance 1984 in-to-to. 14. However, there shall be no order as to costs. Md. Emdadul Haque Azad, J: I agree. Ed. This Case is also Reported in: ......section 82BB of the Income Tax Ordinance 1984 in-to-to. 14. However, there shall be no order as to costs. Md. Emdadul Haque Azad, J: I agree. Ed. This Case is also Reported in: ......passed by this court in the case of Spectra SN Tex Limited vs. The Commissioner of Taxes in Income Tax Reference Application No. 39 of 2012, which has been reported in the tax journal ‘Kar Adalat’ and strenuously argued that the issue as to the legality of not holding the audit on a......hellip;……………Respondent Judgment September 1, 2014 Result: The question no.(3) formulated for determination is answered in the negative and in favour of assessee. The question Nos. 1, 2 and 4 are not required to be answered. Q..

Category: Fiscal/Taxation Law | Date: 1 Sep, 2014 | Hits: 0

Union Capital Limited Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)

....d in negative and in favour of the Assessee-applicant. However, there shall be no order as to cost. Md. Emdadul Haque Azad J.— I agree. Ed. This Case is also Reported in: ......ome from business or profession.” (3) notwithstanding anything to the contrary contained in any other provisions of this Ordinance, in the case of Bangladesh Shilpa Bank, Bangladesh Shilpa Rin Sangstha, Investment Corporation of Bangladesh and any commercial bank including the Bangladesh ......d in negative and in favour of the Assessee-applicant. However, there shall be no order as to cost. Md. Emdadul Haque Azad J.— I agree. Ed. This Case is also Reported in: ......llip;.....Respondent Judgment July 21, 2014 Result: The Income Tax Reference Application is allowed.The question formulated for determination is answered in the negative and in favour of assessee. Questions formulated for determination: Whether, in the f..

Category: Fiscal/Taxation Law | Date: 21 Jul, 2014 | Hits: 3

Khandker Abul Hashem Vs. The Commissioner of Taxes, 2014, 43 CLC (HCD)

....e Court of Bangladesh is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984. S.H. Md. Nurul Huda Jaigirdar J. - I agree. Ed. This Case is also Reported in: ......e Court of Bangladesh is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984. S.H. Md. Nurul Huda Jaigirdar J. - I agree. Ed. This Case is also Reported in: ...... for determination answered in the negative i.e. against the Revenue and in favour of the assessee-applicant. Cases Referred to- Lemon Grass Restaurant Vs. Deputy Commissioner of Taxes, Kar Adalat, Vol.16 (2007) 20; Inspecting Assistant Commissioner of Income Tax Vs. VIP Industries Ltd., 1...... Ed. This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: 9 Jun, 2014 | Hits: 3

Khandker Abul Hashem Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)

....angladesh is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984. S.H. Md. Nurul Huda Jaigirdar J. - I agree. Ed. This Case is also Reported in:   ......angladesh is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984. S.H. Md. Nurul Huda Jaigirdar J. - I agree. Ed. This Case is also Reported in:   ...... for determination answered in the negative i.e. against the Revenue and in favour of the assessee-applicant. Cases Referred to- Lemon Grass Restaurant Vs. Deputy Commissioner of Taxes, Kar Adalat, Vol.16 (2007) 20; Inspecting Assistant Commissioner of Income Tax Vs. VIP Industries Ltd., 1......is Case is also Reported in:   ..

Category: Fiscal/Taxation Law | Date: 9 Jun, 2014 | Hits: 5

I.M. Reazul Hasan Vs. Commissioner of Taxes Vs. The Commissioner of Taxes, Taxes Zone-1, Dhaka, 2014, 43 CLC (HCD)

....ngladesh is directed to take necessary steps under section 16(2) of the Income Tax Ordinance, 1984. S. H. Md. Nurul Huda Jaigirdar J. - I agree. This Case is also Reported in:   ......t apply in case of a loan or interest waived in respect of an assessee by a commercial bank including Bangladesh Krishi Bank, Rajshahi Krishi Unnayan Bank, Bangladesh Shilpa Bank or Bangladesh Shilpa Rin Sangstha, or a leasing company of a financial institution registered under āφāĻ°ā§āĻĨāĻŋāĻ• āĻ......ngladesh is directed to take necessary steps under section 16(2) of the Income Tax Ordinance, 1984. S. H. Md. Nurul Huda Jaigirdar J. - I agree. This Case is also Reported in:   ......03-2004. This is relating to the assessment year 2003-2004.  2. The questions raised in the reference application for answer by the court are as under: “ (a) Whether in the facts and circumstances of the case, the Taxes Appellate Tribunal, Division Bench-4, Dhaka was justified t..

Category: Fiscal/Taxation Law | Date: 4 Jun, 2014 | Hits: 5

Shafiqul Islam Vs. Bangladesh Bank and others, 2014, 43 CLC (HCD)

....pany Matter No. 60 of 1999 before the Company Bench of the High Court Division. Thereafter, one of the lenders, namely Uttara Bank (respondent No. 4) filed Mortgage Suit No. 25 of 2000 (renumbered as Artha Rin Suit No. 268 of 2003) against the company and others including the petitioner before the c......the said company were taken over by the said dena­tionalized company. The said company obtained further credit facilities from respondent No. 4 to 6, namely Uttara Bank Limited, Bangladesh Shilpa Rin Sangstha and Agrani Bank. In obtain­ing those credit facilities, the petitioner mort­gag......Uttara Bank (respondent No. 4) filed Mortgage Suit No. 25 of 2000 (renumbered as Artha Rin Suit No. 268 of 2003) against the company and others including the petitioner before the concerned Artha Rin Adalat for realiza­tion of loan granted by it. However, at the instance of the company, the Comp......ssan Arif J Mohammad Ullah J Shafiqul Islam………………………………….Petitioner Vs. Bangladesh Bank and others............Respondents Judgment June 1, 2014. Result: All the Rules a..

Category: Banking Law, Company Law | Date: 1 Jun, 2014 | Hits: 11

ECOM Agroindustrial Corporation Ltd. & another Vs. Mosharaf Composite Textile Mills Ltd, 2014, 43 CLC (HCD)

.... contract relating to arbitration, while seeking to rely on the contract in support of his claim………(41) Case Referred to- Sitalakhaya Ice and Cold Storage Pvt. Ltd. Vs. Artha Rin Adalat No. 1, 64 DLR 487; Abdul Quayum Vs. International Finance Investment and Commerce B......act relating to arbitration, while seeking to rely on the contract in support of his claim………(41) Case Referred to- Sitalakhaya Ice and Cold Storage Pvt. Ltd. Vs. Artha Rin Adalat No. 1, 64 DLR 487; Abdul Quayum Vs. International Finance Investment and Commerce Bank Lt......relating to arbitration, while seeking to rely on the contract in support of his claim………(41) Case Referred to- Sitalakhaya Ice and Cold Storage Pvt. Ltd. Vs. Artha Rin Adalat No. 1, 64 DLR 487; Abdul Quayum Vs. International Finance Investment and Commerce Bank Ltd., ......t the time of mistake of some rules of the Court or on the application of any of the parties. There were arbitration proceeding which arrived in the contract by the parties by signing it in open eyes and there were no allegation of fraud practice upon the plaintiff. As per section 10(2) of the ..

Category: Arbitration Law, Civil Law, Procedural Law | Date: 28 May, 2014 | Hits: 7

Ibrahim Vs. State, 2014, 43 CLC (HCD)

....m be set at liberty if not detained in any other case. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 289   ......m be set at liberty if not detained in any other case. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 289   ......peal, convict appellant has challenged the legality and propriety of the judgment and order of conviction and sentence dated 30-01-2000 passed by learned Judge of Nari-o-Shishu Nirjatan Damon Bishesh Adalat, Narsingdi (briefly as Adalat), in Nari-o-Shishu Case No. 27 of 1998 convicting the appellant......ā§Ļ⧍ Acid Aparadh- Nari-o-Shishu Nirjatan (Bishesh Bidan) Ain, 1995; Sections: 5(āĻ…) 5(āψ), 5(āĻ•)& 5(āĻ™)   It is true that crime like acid throwing is shocking in nature and also, revolting. The crime is against society and humanity, but the prosecution convicted the ac..

Category: Evidence Law, Women and Children | Date: 16 Apr, 2014 | Hits: 17