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Displaying 221-240 of 2091 results.
Abu Hanifa (Md.) Vs. Md. Shafiul Bashar and others, 2011, 40 CLC (AD)
....lim Marriages and Divorces (Registration) Act, 1974; section 11 The Muslim Marriages and Divorces (Registration) Rules, 1975; Rule 8(2) No action should be taken against a person without giving him any opportunity of being heard. When any person is given the temporary licence to perform the resp......revoking the licence of Nikah Registrar of the writ petitioner-respondent No.1 and approving the appointment of the writ respondent No. 4 appellant as Nikah Registrar on temporary basis to be without lawful authority. 2. The respondent No.1 as petitioner filed Writ Petition No.7505 of 2002 before t..Category: Civil Law | Date: 15 Feb, 2011 | Hits: 8
Jamiul Hossain Vs. Government of Bangladesh & Others, 2011, 40 CLC (HCD)
....b Ali Sheikh Vs. Director Land Records, Directorate of Land Records and Survey and others, 11 MLR (HC) (2006) 226; Province of East Pakistan Vs. Kshiti Dhar, 16 DLR (1964) (SC) 457; New India Tea Company Ltd. Vs. Bangladesh and others, 31 DLR (AD) (1979) 303; Shamsunnahar Salam and others Vs. Mohamm......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 ..Category: Constitutional Law | Date: 15 Feb, 2011 | Hits: 176
Mohammad Abdus Sabur Vs. Agrani Bank, 2011, 40 CLC (HCD)
....iry of 2.12.2003 is beyond the scope of law and as such without lawful authority. The learned Advocate further submits that the executing Court issued warrant of arrest against the petitioner without any show cause notice as provided under Order XXI rule 37 of the Civil Procedure Code and also witho...... 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 Court issued warrant of ar..Category: Banking Law | Date: 10 Feb, 2011 | Hits: 192
Nazim Uddin Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....question an auction notice under section 12 of the Artha Rin Adalat Ain, 2003 published in the Daily Prothom Alo dated 3.8.2010. 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 (herei...... 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...Category: Banking Law | Date: 9 Feb, 2011 | Hits: 162
Mirza Ahsan Habib Vs. The Judge, Artha Rin Adalat and another, 2011, 40 CLC (HCD)
....hman Mian, the learned Advocate for the respondent-bank submits that the petitioner did not surrender before the executing Court and, as such, he has become a fugitive and not entitled to any relief from this Court. 7. We have perused the writ petition with its annexes a......ngly the Rule is made absolute and the proceedings in Execution Case No.319 of 2006 (arising out of Artha Rin Suit No.55 of 2004) now pending in the Artha Rin Adalat, Khulna is declared to be without lawful authority. Consequently the order dated 27-8-2007 issuing warrant of arrest against the petit..Category: Banking Law | Date: 29 Jan, 2011 | Hits: 2
Mosharraf Hossain (Md.) and others Vs. Akhtar Hossain, 2011, 40 CLC (HCD)
....consider the main ground upon which the plaint was rejected Learned Judge found that as per section 53E of the Transfer of Property Act oral gift as claimed by the plaintiffs as not been supported by any affidavit, this suit is barred by law and rejected the plaint. 8. Section 53E of the Transf...... Transfer of Property Act speaks "Every instrument of sale, gift, mortgage and declaration of heba of any immovable property shall be supported by an affidavit by the executants affirming that he has lawful title to the property." This new enactment of Section 53 of Transfer of Property Act was enac..Category: Property Law | Date: 27 Jan, 2011 | Hits: 95
Nasirul Islam Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....erewith. There is no averment in the writ petition that the petitioner did not mortgage the property in favour of the respondent-bank, or no statement whether he was a party in the Artha Rin Suit, or any summon was served upon him in the suit, if any; or whether the suit was properly instituted and ......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 ..Category: Banking Law | Date: 27 Jan, 2011 | Hits: 172
....ial menace which has become widely known as “eve teasing” resulting in several suicides by the victim girls, killing of their relatives or other people who try to protect the victims from any attempt by the perpetrators of such menace. The sordid incidents of so called “eve teasing......i) acting in any other way that could reasonably be expected to arouse apprehension or fear in the female for her own safety or the safety of her family members.
Exceptions:--
The following lawful acts are excluded from the above definition of stalking:
a) the enforcement of the crimi..
Category: Women and Children | Date: 26 Jan, 2011 | Hits: 246
Md. Hamiduzzaman Vs. Joint District Judge, Artha Rin Adalat, Faridpur and others, 2011, 40 CLC (HCD)
....o pay the outstanding dues by order dated 30.7.2009 and fixed 6.9.2009 for deposition of the money and hearing of the said application. As the judgment debtor failed to deposit the money even to take any step on the next date, the learned Judge by his order dated 6.9.2009 rejected the application da......same on 29.9.2009; that he has come to this Court after one year from registration and transfer of the mortgaged property only to drag the matter and deprive these respondents from enjoyment of their lawful property, which they purchased from the bank for valuable consideration; that the plaint in T..Category: Banking Law | Date: 20 Jan, 2011 | Hits: 233
Mirza Ahsan Habib Vs. Judge, Artha Rin Adalat, Khulna and another, 2011, 40 CLC (HCD)
....Md. Mozibur Rahman Miah, the learned Advocate for the respondent-bank submits that the petitioner did not surrender before the executing Court and as such he has become a fugitive and not entitled to any relief from this Court. 7. We have perused the writ petition with its annexes and the affid......ngly the Rule is made absolute and the proceedings in Execution Case No.319 of 2006 (arising out of Artha Rin Suit No.55 of 2004) now pending in the Artha Rin Adalat, Khulna is declared to be without lawful authority. Consequently the order dated 27.8.2007 issuing warrant of arrest against the petit..Category: Banking Law | Date: 19 Jan, 2011 | Hits: 305
Bangladesh Legal Aid and Services Trust Vs. Secretary, Ministry of Education, 2011, 40 CLC (HCD)
....o 16 should not be directed to take appropriate measures to- a) provide a report to this Court on whether the instances of infliction of corporal punishment has been duly investigated and whether any action has been taken against the responsible persons; b) provide training for all teachers ......tional institutions including by the framing of necessary laws/guidelines, or to investigate such allegations, or to prosecute and punish those found responsible, should not be declared to be without lawful authority or of no legal effect and/or unconstitutional being in violation of the fundamental..Category: Women and Children | Date: 13 Jan, 2011 | Hits: 248
Ramesh Chandra Adhikari Vs. Bulbuli, 2011, 40 CLC (AD)
....tions. Codification of Hindu Law In view of the modern social dimensions the Hindu Community in this Country in respect of marriage, divorce and inheritance faces multifarious problems. In many cases the alleged husband does not recognize marriage or deny the existence of marriage with the...... is a relationship of husband and wife between them. 11. According to Mulla there is an extreme strong presumption of the validity of marriage and the legitimacy of children born out of the lawful marriage if from the time of the alleged marriage both the parties are recognized by all pers..Category: Family Law, Hindu Law | Date: 6 Jan, 2011 | Hits: 15
Mahfuzur Rahman and another Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
.... The authority competent to make an order has the power to undo the same; but the order cannot be withdrawn or rescinded once it has taken legal effect and certain rights are created in favour of any individual. The power to add to, amend, vary or rescind available under Section 21 of the G......রঃ/০৮/৭৩১(২) dated 19-11-2008 (Annexure-'1') cancelling the admission of the petitioners from Sher-e-Bangla Agricultural University, Dhaka should not be declared to be without lawful authority and of no legal effect and why the respondent Nos. 2-5 should not be directed ..Category: Administrative Law | Date: 9 Dec, 2010 | Hits: 2
Monir Hossain Md. (Moni) and another Vs. Md. Yousuf and others, 2010, 39 CLC (AD)
.... the rent to the plaintiff No.1 and to execute fresh lease agreement with the said purchasers, which the defendants agreed to do but as they did not act according to their promise and did neither pay any rent nor enter into any agreement and thus became defaulter; that the plaintiffs after duly term...... consideration of the grant, renewal or continuance of a tenancy of any premises. Section 23 of the Contract Act, 1872 precisely provides that the consideration or object of an agreement is lawful unless it is forbidden by law. Therefore no suit lies to enforce an illegal contract. Ac..Category: Property Law, Tenancy Law | Date: 8 Dec, 2010 | Hits: 12
Syed Wahid Iqbal Vs. Bangladesh, 2010, 39 CLC (AD)
....at the Election Committee of the Tangail Central Co-operative Bank would be constituted by the District Co-operative Officer filed an application on 04-5-2008 to the said Officer for not forming any Election Committee for holding the aforesaid election which would be formed under Rule 26(2) of......08 regarding formation of the Managing Committee of Tangail Central Co-operative Bank Limited is not maintainable in law and, as such, the same is liable to be declared to have been made without lawful authority. 3. The respondent No.4-District Co-operative Officer, Tangail contested th..Category: Civil Law | Date: 6 Dec, 2010 | Hits: 5
....ining the goods in question purchased by the petitioner..
When there is no dispute that the goods have been imported as duty free item and not restricted or prohibited item, there cannot be any legal reason for continued seizure of the same merely because those were found abandoned near a ......alling upon the respondents to show cause as to why their inaction in releasing the petitioner's validly purchased lentils from arbitrary seizure should not be declared to be of without lawful authority and is of no legal effect and that why they should not be directed to release the s..
Category: Fiscal/Taxation Law | Date: 11 Nov, 2010 | Hits: 3
....ining the goods in question purchased by the petitioner..
When there is no dispute that the goods have been imported as duty free item and not restricted or prohibited item, there cannot be any legal reason for continued seizure of the same merely because those were found abandoned near a ......alling upon the respondents to show cause as to why their inaction in releasing the petitioner's validly purchased lentils from arbitrary seizure should not be declared to be of without lawful authority and is of no legal effect and that why they should not be directed to release the s..
Category: Fiscal/Taxation Law | Date: 11 Nov, 2010 | Hits: 5
Fatema Begum Vs. The Artha Rin Adalat, Narayangonj and others, 2010, 39 CLC (HCD)
....tion). The petitioner, her brother and sisters inherited the said property after the demise of their father Dudu Mian and have been enjoying and possessing the same for more than twelve years without any interruption. She (petitioner) came to know from a reliable source on 18.2.2010 that their land ......tha Rin Adalat Ain, 2003 in Mortgage Decree Execution Case No.25 of 2001 (arising out of Mortgage Suit No.72 of 1996). 2. The petitioner’s case in short is that her father late Dudu Mian was the lawful owner in possession of 8.04 decimals of land out of 20 decimals appertaining to C.S. Khatian ..Category: Banking Law | Date: 11 Nov, 2010 | Hits: 14
Ms. Syeda Rizwana Hasan Vs. Bangladesh and others, 2010, 39 CLC (AD)
....oor who are unable to come to Court due to illiteracy or monetary helplessness, a petition on their behalf will be welcomed. The litigation must have been initiated for the benefit of the poor or any number of people who have been suffering the common injury but their grievances can not be red......ents who made several representations to the appropriate authorities and agencies including the respondent Nos.2 and 3, the Department of Environments for taking effective measures against such unlawful, irregular, environmentally hazardous and arbitrary decision and action of the said writ re..Category: Environmental Law | Date: 8 Nov, 2010 | Hits: 258
Redwan Ahmed Vs. Bangladesh, 2010, 39 CLC (HCD)
....cretary General) Shah Alam Chowdhury of Muktijoddha Council were the custodian of the Muktijoddha Council, at he instance of the then Vice-Chairman (at present Chairman) Md. Kabir Ahmed, without any organization's approval by abuse of their powers withdrew Taka 50,00,000 (Taka fifty lakh) f......mmitted on 11-6-2002 read with Section 5(2) of the Prevention of Corruption Act, 1947, nowon transfer, pending before the learned Special Judge Court No.2, Dhaka, should not be declared to be without lawful authority, in as much as the transfer, as made, is in violation of Rule-18ka of the Emergency..Category: Anti-Corruption Laws | Date: 25 Oct, 2010 | Hits: 211
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