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Md. Hamiduzzaman Vs. Joint District Judge, Artha Rin Adalat, Faridpur and others, 2011, 40 CLC (HCD)
....e may be, which have been deposited by them in favour of the decree holder-bank after issuance of the certificate. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: .......2009 and subsequently the mortgaged property was sold to respondent Nos.3-5. The mortgage decree passed by the Artha Rin Adalat attained in finality with issuance of the certificate. It is a settled principle of law that after attainment of a mortgage decree in finality, the mortgagor-judgment debt......eading to this writ petition, in short, are that Islami Bank Bangladesh Ltd., Khulna Branch as plaintiff instituted Artha Rin Suit No.10 of 2004 in the Artha Rin Adalat, Faridpur for recovery of loan amounting to Taka 4,01,55,468.00 (four crore one lac fifty-five thousand four hundred sixty-eight) o..Category: Banking Law | Date: 20 Jan, 2011 | Hits: 233
Bangladesh Legal Aid and Services Trust Vs. Secretary, Ministry of Education, 2011, 40 CLC (HCD)
.... 63 DLR (2011) 643. An international organisation set up in 2001 to campaign for worldwide prohibition by law of all corporal punishment of children, whether by parents or schools. ......Ms. Hussain then mentioned that Bangladesh is obliged under international law to eliminate corporal punishment and to provide effective remedies for children. She submits that the fundamental guiding principles of international human rights law provide that every individual has a right to respect fo......duty, inefficiency or corruption or who knowingly does anything detrimental to the interests of the madrasha or is guilty of professional misconduct shall be liable to various punishments. What might amount to professional misconduct is also detailed by the regulation, but imposition of corporal pun..Category: Women and Children | Date: 13 Jan, 2011 | Hits: 248
Ramesh Chandra Adhikari Vs. Bulbuli, 2011, 40 CLC (AD)
....find any merit in the leave petition. Accordingly, the leave petition is dismissed with cost of Taka 5,000 (five thousand). Ed. This Case is also Reported in: 66 DLR (AD) (2014) 104. ......find any merit in the leave petition. Accordingly, the leave petition is dismissed with cost of Taka 5,000 (five thousand). Ed. This Case is also Reported in: 66 DLR (AD) (2014) 104. ...... society. The vice of the said marriage lies in the receipt of the price by the bride's father or other persons entitled to give away the bride as* a consideration for the bride. If the amount paid or the ornaments given is not the consideration for taking the bride but only given to t..Category: Family Law, Hindu Law | Date: 6 Jan, 2011 | Hits: 15
....ellant-BSRS sanctioned a loan of Taka 70, 00,000 on 18-12-1979 for acquisition of two steel body self propelled Cargo Coasters of 600 DWT each. The loan is repayable in sixteen equal half-yearly installments commencing from two years after disbursement of the first installment which was di......rther compensation calculated at the rate of bank interest prevalent at the time of the institution of the suit.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 66.
......but the prevailing rate of bank interest was taken into consideration for measuring business loss and damages of the plaintiff and court is not prevented from adopting this method for determining the amount of compensation as per the existing bank rate.......(28)
The expression "any o..
Category: Business or Commercial Law, Labour and Industrial Law | Date: 13 Dec, 2010 | Hits: 10
Mahfuzur Rahman and another Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
.... Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 171 ...............Petitioners Vs. Government of Bangladesh and others..............Respondents Judgment December 9, 2010 Result: The Rule is discharged. Applicability of the principle of 'locus penitentiae' under Section 21 of the General Clauses Act- The autho...... Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 171 ..Category: Administrative Law | Date: 9 Dec, 2010 | Hits: 2
Monir Hossain Md. (Moni) and another Vs. Md. Yousuf and others, 2010, 39 CLC (AD)
....ned Subordinate Judge, 1st Court and Judge of the Small Causes Court, Faridpur in SCC Suit No.6 of 1996 is hereby restored. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 100. ......ned Subordinate Judge, 1st Court and Judge of the Small Causes Court, Faridpur in SCC Suit No.6 of 1996 is hereby restored. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 100. ......was taking the premises at a monthly rent of Taka 1,600 payable according to Gregorian Calendar month. Clause 2 of the agreement mentions the payment of an advance of Taka 19,200 out of which an amount of Taka 800 will be deducted every month towards the payment of rent. After the advance has b..Category: Property Law, Tenancy Law | Date: 8 Dec, 2010 | Hits: 12
Hasna Ahmad Vs. State and another, 2010, 39 CLC (HCD)
....ion Act, 1947, now pending before the 3rd Court of the Special Judge, Dhaka are quashed so far as it relates to the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 206. ......n of police report in a case, there is no scope for granting anticipatory or pre-arrest bail as has been held in the case of the State Vs. Abdul Wahab Shah Chowdhury reported in 51 DLR (AD) 242. This principle was not taken into consideration while granting pre-arrest bail to the petitioner in the p......e the facts are so preposterous that even on the admitted facts, no case can stand against the accused; (b) Where institution or continuance of criminal proceedings against an accused person may amount to an abuse of the process of the Court or when quashing of the impugned proceedings would se..Category: Anti-Corruption Laws | Date: 1 Dec, 2010 | Hits: 189
Fatema Begum Vs. The Artha Rin Adalat, Narayangonj and others, 2010, 39 CLC (HCD)
.... photo copies there for. The office is directed to send a copy of this judgment to the Artha Rin Adalat, Narayangonj at once. Nazmun Ara Sultana J. - I agree. This Case is also Reported in: ...... photo copies there for. The office is directed to send a copy of this judgment to the Artha Rin Adalat, Narayangonj at once. Nazmun Ara Sultana J. - I agree. This Case is also Reported in: ....... The learned Judge heard the Miscellaneous Case on maintainability and rejected the same by the impugned order dated 10.3.2010 on the ground that the petitioners did not deposit 25% of the decreetal amount according to section 32 (2) of the Artha Rin Ain, 2003 (in short “the Ain, 2003”). 4. ..Category: Banking Law | Date: 11 Nov, 2010 | Hits: 14
Ms. Syeda Rizwana Hasan Vs. Bangladesh and others, 2010, 39 CLC (AD)
....cute the officers responsible. The appeal is dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 9 ADC (2012) 816, 18 BLC (AD) (2013) 54. ......tional or statutory obligations. It does not, however, extend to a person who is an interloper and interferes with things which do not concern him. This approach is in keeping with the constitutional principles that are being evolved in the recent times in different countries." 15. In BALCO Emp......e Act. On a combined reading of sections 38, 40 and 73 shows that an improvement scheme in respect of a particular zone or area is a continuous process and the continuation of such scheme does not amount to violation of any of the provisions of the Act. 34. Annexure-E, is the report of the Min..Category: Environmental Law | Date: 8 Nov, 2010 | Hits: 254
Shanik Chandra Barmon Vs. State and another, 2010, 39 CLC (HCD)
....nt on 10-12-2007 against the sole accused-petitioner Shanik Chandra Borman, who was an employee of the Grameen Bank. During the years 2003-2006, he was entrusted with the responsibility of collecting installments from the members of the Grameen Bank. At that time, he misappropriated a total amount o......ccordance with the aforesaid Rules, 2007. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 114 ......yee of the Grameen Bank. During the years 2003-2006, he was entrusted with the responsibility of collecting installments from the members of the Grameen Bank. At that time, he misappropriated a total amount of Taka 65,886 from the collection. A departmental proceeding was drawn up on the charge of m..Category: Anti-Corruption Laws, Criminal Law | Date: 2 Nov, 2010 | Hits: 5
Redwan Ahmed Vs. Bangladesh, 2010, 39 CLC (HCD)
....il already granted to him by this Division. The order of stay granted earlier by this Court is hereby vacated and recalled. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 70. ......il already granted to him by this Division. The order of stay granted earlier by this Court is hereby vacated and recalled. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 70. ......-Charge of Ramna Police Station, Dhaka Metropolitan Police, Dhaka on 15-2-2007 against the petitioner and two others showing the date of occurrence on 19-6-2002 alleging inter alia that the 4% of the amount received against lease money of hat-bazar of the country under the Ministry of Local Governme..Category: Anti-Corruption Laws | Date: 25 Oct, 2010 | Hits: 211
Deen Mohammad Vs. Bangladesh Bank and others, 2010, 39 CLC (HCD)
....ereby vacated. Let a copy of the Judgment be sent to the concerned authority at once for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 506. ......ereby vacated. Let a copy of the Judgment be sent to the concerned authority at once for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 506. ...... vacant under section 17 of the Bank Company Act, 1991 (in short, the Act). It has been contended that the petitioner paid 10% down payment and made the loan re-scheduled which was more than the loan amount of Taka 58.38 lakh and as such 1(one) year after payment he became qualified to be the Direct..Category: Banking Law | Date: 12 Oct, 2010 | Hits: 423
Orascom Telecom Bangladesh Limited Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....etitioner prefers appeal before the Tribunal, the limitation in preferring the appeal would not operate as a bar in that event. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 319. ......etitioner prefers appeal before the Tribunal, the limitation in preferring the appeal would not operate as a bar in that event. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 319. ...... issued vide Memo No.4-Mushok/8 (568) Sheba Telecom/Atok/Bichar/2007/3364(5) dated 19.4.2010 (Annexure-A)by respondent No.2 under section 55(3) of the VAT Act, 1991 directing the petitioner to pay an amount of Tk.49,04,42,405.00 within a period of ten days should not be declared to have been issued ..Category: Fiscal/Taxation Law | Date: 7 Oct, 2010 | Hits: 174
Ain O Salish Kendra Vs. Bangladesh, 2010, 39 CLC (HCD)
.... (2011) HCD 36, 8LG (2011) HCD 1. ......blic. Art.20. Work as a right and duty.- (1) Work is a right, a duty and a matter of honour for every citizen who is capable of working, and everyone shall be paid for his work on the basis of the principle "from each according to his abilities to each according to his work". (2) The State sha......eir future lives. Child Labour and Health It does not take much forensic research to establish the detrimental effect of child labour on the health of children. It goes without saying that any amount of labour or exertion in exhaustive physical work on the part of child is detrimental to his ..Category: Women and Children | Date: 5 Sep, 2010 | Hits: 261
Prime Global Ltd and others Vs. Artha Ain Adalat No.4, Dhaka and others, 2010, 39 CLC (HCD)
....eous Case No. 390 of 2008 (arising out of Artha Rin case No. 291 of 2003) is without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 205 ......, their said right can not be taken away without hearing them. The petitioners should not be prejudiced just because of the latches or negligence on the part of the Sonali Bank. It is a time honoured principle that law is for vigilant and not for indolent. 15. The Artha Rin Adalat Ain, 200......tion of Taka 17,88,34,045 as outstanding dues. The case of the plaintiff-Uttara Bank is that upon an application by the petitioner No. 1, the Uttara Bank allowed it IBP facility for an aggregate amount of Taka 15, 46, 27,000 as against 57 cheques issued by Chittagong Tobaco Company Ltd, CDA Ave..Category: Banking Law | Date: 23 Aug, 2010 | Hits: 2
Abdur Rashid Gazi Vs. Nur Ali Gazi and others, 2010, 39 CLC (HCD)
....he time of issuance of the Rule is hereby recalled and vacated. Send down the lower Courts' records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 315. ......stances. Among other circumstances possession of the property has held to be very important." Relying on this decision, Appellate Division in the subsequent cases also followed the said principles. The learned Advocate for the petitioner also relied on those decisions which are simila......he time of issuance of the Rule is hereby recalled and vacated. Send down the lower Courts' records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 315. ..Category: Procedural Law | Date: 10 Aug, 2010 | Hits: 4
Ferdous Khan @ Alamgir Vs. Islami Bank Bangladesh Ltd. and another, 2010, 39 CLC (HCD)
....d from his bail bond. The order of stay granted earlier by this Court shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 540. ......d from his bail bond. The order of stay granted earlier by this Court shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 540. ......insufficiency of fund; that demand notice was served on 02-3-2008 at the business address of the accused by the lawyer of the bank, as required under section 138(1)(b) of the Act for payment of the amount due under the dishonored cheques, with in 30 (thirty) days from the date of receipt; that the..Category: Banking Law | Date: 1 Aug, 2010 | Hits: 657
....here will be no
order as to costs. The order of stay granted earlier by this court stands
vacated.
Zubayer Rahman Chowdhury J. - I agree.
Ed.
This Case is also
Reported in:
......
Hence, protection under Article 135 of the Constitution cannot be extended to
him for being outside the class of “persons in the service of the Republic”. There
is no such requirement and the principle of natural justice to serve a show
cause notice is also not applicable if that is exclude......mination benefit which was deposited in his bank account and that it has not
been withdrawn by him, which otherwise reflects that he has neither refused nor
refunded it to the respondents. That tantamounts to acceptance of the impugned termination
order by the petitioner. Accordingly, having foun..
Category: Employment/Service Law | Date: 18 Jul, 2010 | Hits: 5
Sonali Bank Vs. Sheikh Anis Uddin Ahmed, 2010, 39 CLC (HCD)
....d. Consequently Appeal from Original Decree No.841 of 1991 is dismissed. No costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 188. ......or the loss but on such application which does not disclose the particulars even to the date of knowledge of the date of death of the deceased, for unexplained unknown reason according to the broad principle of law of limitation, the vested right accrued to the other side after prescribed period o......d. Consequently Appeal from Original Decree No.841 of 1991 is dismissed. No costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 188. ..Category: Civil Law | Date: 15 Jul, 2010 | Hits: 49
Abeda Khatun and others Vs. Md. Idris Mia and others, 2010, 39 CLC (HCD)
....order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 308. ......joy the benefit of the decree obtained beyond her knowledge and thereby she will be deprived of her fundamental and legal right to enjoy the property as an admitted co-share. 9. It is settled principle of law that a proceeding under section 151 of the Code of Civil procedure cannot be taken......order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 308. ..Category: Procedural Law | Date: 14 Jul, 2010 | Hits: 3
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