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Aslam Khan Vs. Artha Rin Adalat, Moulvibazar and another, 2011, 40 CLC (HCD)

....iling an application within time to get the benefit of the above mentioned circular. The learned Advocate, however, prays for a direction upon the bank to allow the petitioner to file an application afresh for exemption of interest and to dispose of the same on merit, beyond the time prescribed in c......s Rule Nisi, at the instance of a judgment debtor in an Artha Rin Decree, was issued calling in question order dated 15.4.2010 passed by the Artha Rin Adalat, Moulvibazar rejecting the petitioner’s application for exemption of interest on deposition of the remaining principle amount of loan in Art..

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: ...... mortgage decree, was issued calling in question the proceedings in Execution Case No.727 of 2005 of Artha Rin Adalat No. 4, Dhaka and the legality of order dated 7.8.2007 passed therein rejecting an application for release of the auctioned property on payment of the decretal money. 2. Facts le..

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....... the Ain, 2000 and police also submitted charge sheet under those sections but it appears from the supplementary affidavit filed today that the informant herself appearing in the Court below filed an application that the matter in dispute has already compromised between them so she has no objection ..

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.......ment 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 the record. 2. Facts, in brief..

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)

....ed 12.7.2005 passed by the Registrar of Trade Marks, Dhaka in Opposition Case No.2131 of 2003, so far it relates to acceptance of the said opposition case is set aside. But if the appellant files any fresh application for registration of the trade mark, respondent No.2 will be entitled to file oppos......ondents Judgment January 30, 2011. Result: The appeal is allowed. Time Limit In order to get the grounds of decision communicated, the intending appellant has to file an application on form T.M-15 within one month from communication of the decision. On receipt of the gr..

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.   ......, 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 by limitation under section 28(3) of..

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.......o.1 who is full brother of the plaintiffs, in order to contest the suit, filed written statement on 8-3-2010 denying the material allegation made in the plaint. Thereafter, defendant respondent filed application under Order VII Rule 11 of the Code of Civil Procedure for rejection of the plaint, with..

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: ......hether the suit was properly instituted and execution case was properly filed and proceeded in accordance with law. No certified copies of the plaint in the Artha Rin Suit, the decree passed therein, application for execution and order sheets have been annexed with the writ petition to make out a ca..

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.   ......afquat Hussain, Assistant Attorney General—For the Opposite-party. Criminal Miscellaneous Case No.12955 of 2009. Judgment Md. Nazrul Islam Talukder J.- This Rule was issued on an application under section 561A of the Code of Criminal Procedure calling upon the Opposite-party to ..

Category: Evidence Law | Date: 26 Jan, 2011 | Hits: 7

M/S A-Z Knit Wears Ltd. and another Vs. City Bank Ltd. and others, 2011, 40 CLC (HCD)

.... without any order as to costs. The order of restraint granted at the time of issuance of the Rule is hereby vacated. Nazmun Ara Sultana J. I agree. Ed. This Case is also Reported in: ......nvoking article 102 (2), which provides scope for a writ of mandamus in the words: “the High Court Division may, if satisfied that no other equally efficacious remedy is provided by law- (a) on the application of any person aggrieved, make an order-(i) directing a person performing any functions i..

Category: Banking Law | Date: 26 Jan, 2011 | Hits: 185

Bangladesh National Women Lawyers Association (BNWLA) Vs. Government of Bangladesh, 2011, 40 CLC (HCD)

....ns to be taken in the light of the directives/guidelines hereinabove. Md. Imman Ali J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 324, 18 BLC (HCD) (2013) 290. ......bove mentioned case has not dealt with sexual harassment in places apart from educational institutions and work places, we hold that the mischief of sexual harassment as defined by this court and its application are not confined only to educational institutions and work places but extend to all priv..

Category: Women and Children | Date: 26 Jan, 2011 | Hits: 246

Mahbub Ahmed Chowdhury Vs. Chief Election Commissioner and others, 2011, 40 CLC (AD)

....ntation of the People Order (Amendment) Act, 2009 (Act 13 of 2009). Subsequently, the writ petitioner filed an application before the High Court Division on 30-6-2009 with a prayer to issue a Rule afresh. Thereafter, a fresh Rule was issued by the High Court Division in the follow­ing terms: ......t having placed the said Ordinance before the Parliament got it ratified by the Representation of the People Order (Amendment) Act, 2009 (Act 13 of 2009). Subsequently, the writ petitioner filed an application before the High Court Division on 30-6-2009 with a prayer to issue a Rule afresh. Ther..

Category: Constitutional Law | Date: 23 Jan, 2011 | Hits: 11

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: ......notices were published under section 33 (1) (4) of the Ain and attempts were made twice to sell the mortgaged property. As no bidder participated in the said auctions, the decree holder-bank filed an application on 22.7.2008 for issuance of a certificate of title in its favour under section 33 (7) o..

Category: Banking Law | Date: 20 Jan, 2011 | Hits: 233

Mirza Ahsan Habib Vs. Judge, Artha Rin Adalat, Khulna and another, 2011, 40 CLC (HCD)

....r section 33 (5) of the Ain will, however, remain with the bank and may also be disposed of in accordance with law. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......ee, 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 by limitation under section 28(3) of..

Category: Banking Law | Date: 19 Jan, 2011 | Hits: 305

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. ......rimary Schools and High Schools, and the children upon whom the corporal punishment had been inflicted were both boys and girls of various ages, as young as six years up to 13/14 year olds. 2. An application under article 102 of the Constitution was filed by Bangladesh Legal Aid and Services Tru..

Category: Women and Children | Date: 13 Jan, 2011 | Hits: 248

State Vs. Alam, 2011, 40 CLC (HCD)

.... Nari-o-Shishu Nirjatan Daman Tribunal, Kushtia immediately. Send down the Lower Court Records. Communicate this Order at once. Ed. This Case is also Reported in: 16 BLC (2011) 816. ......sly ignored these and other loopholes in the prosecution case causing reasonable doubt as to the condemned-prisoner’s culpability. The result, it is submitted, is a judgment hot benefiting from the application of the Tribunal's judicial mind and, therefore, liable to be set aside. 6. A perusa..

Category: Women and Children | Date: 11 Jan, 2011 | Hits: 176

Bangladesh Shilpa Rin Sangstha (BS-RS) Vs. She Shipping Judgment Lines Limited and others, 2010, 39 CLC (AD)

....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.   ......eferred to as BSRS) was estab­lished by PO No.128 of 1972 to provide credit facilities and other assistance to industrial con­cerns and to broaden the base of investment in Bangladesh. On the application of the respon­dent No.1 the appellant-BSRS sanctioned a loan of Taka 70, 00,000 on 1..

Category: Business or Commercial Law, Labour and Industrial Law | Date: 13 Dec, 2010 | Hits: 10

Gulshan Club Ltd. Vs. Chairman, National Board of Revenue and another, 2010, 39 CLC (HCD)

....is discharged without any order as to cost. The order of stay granted earlier by this Court is hereby vacated and recalled. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 29. ......is discharged without any order as to cost. The order of stay granted earlier by this Court is hereby vacated and recalled. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 29. ..

Category: Fiscal/Taxation Law | Date: 13 Dec, 2010 | Hits: 48

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           ......taken in its 35th Meeting from the office of the respondent No.5 and came to know about the reasons for cancellation of their admission to the university. Thereafter, the petition­ers made review applications to the authority concerned for review of the impugned order dated 19-11 -2008 and to al..

Category: Administrative Law | Date: 9 Dec, 2010 | Hits: 2

Monir Hossain Md. (Moni) and another Vs. Md. Yousuf and others, 2010, 39 CLC (AD)

....orney of the plaintiff’s vendors introduced the plaintiff No.1 with all the existing tenants includ­ing the respondents with instruction to pay 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 no......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. ..

Category: Property Law, Tenancy Law | Date: 8 Dec, 2010 | Hits: 12