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Promoda Sundari Sen Kalyan Trust Vs. Momtaz Zafar Ahmed and Others, 2011, 40 CLC (HCD)
....dash;This Rule was issued on an application under section 115 of the Code of Civil Procedure calling upon the opposite party Nos. 1-7 to show cause as to why the impugned judgment and order dated 12-5-2010 passed by the learned District Judge, Rangpur in Other Appeal No. 49 of 2010 dismiss......delivery of possession in favour of the defendant-opposite party Nos.1-3 and, as such, both the Courts below in rejecting the plaint of the suit committed an error of law resulting in an error in the decision occasioning failure of just. He further submits both the Courts below having failed to cons..Category: Banking Law | Date: 9 Feb, 2011 | Hits: 2
Nazim Uddin Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... J.- This Rule Nisi, at the instance of a third party mortgagor, was issued calling in 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 Zar......of the above, the Rule is discharged. The order of stay passed at the time of issuance of the Rule is vacated. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..Category: Banking Law | Date: 9 Feb, 2011 | Hits: 162
Shah Alam (Md.) Vs. State and another, 2011, 40 CLC (HCD)
....he accused-petitioner, the latter received a loan of Taka 50,00,000 from the complainant with the promise to pay back the money within a few days. Subsequently, the accused-petitioner issued a cheque dated 2-2-2009 in favour of the complainant for repayment of the loan. When it was presented for enc......ntinue as it would result abuse of process of the Court and, as such, it is necessary to be quashed for the ends of justice. The learned Advocate for the accused petitioner has referred to the case decision of Jammu and Kashmir High Court reported in 2003 (2) DCR 332, where it was decided that eve..Category: Banking Law | Date: 6 Feb, 2011 | Hits: 361
Sohrab Hossain (Md.) & others Vs. State & another, 2011, 40 CLC (HCD)
.... authority accused-petitioner No.1 applied to the complainant bank (hereinafter referred to as the bank) for loan and accordingly, the bank gave loan to the company vide sanction letter No.13 of 2004 dated 22-3-2001. The accused in order to repay the arrear loan gave a cheque being No. 000100 dated ...... of the Code. 11. For the discussions made above, we find no merit in the Rule. Accordingly, this Rule is discharged. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 215. ..Category: Others | Date: 3 Feb, 2011 | Hits: 4
Aslam Khan Vs. Artha Rin Adalat, Moulvibazar and another, 2011, 40 CLC (HCD)
....ondent. Writ Petition No. 6198 of 2010. Judgment Md. Ruhul Quddus J. - This 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......hip he could not adjust the remaining loan. Meanwhile the Head Office of Sonali Bank Ltd. adopted a policy to exempt interest to the defaulting borrowers of particular categories and communicated its decision to all concerned by a circular dated 24.3.2010. Since the petitioner fell within the set ca..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)
....e of a legal heir of a judgment debtor in a 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 paym......the Rule is liable to be discharged. 8. We have perused the writ petition, application for injunction, affidavit–in-opposition and documents submitted therewith, and also have gone through the decision cited by the learned Advocate for the petitioner. 9. In 54 DLR 239 an executing Court ..Category: Banking Law | Date: 2 Feb, 2011 | Hits: 175
Kanin (India)(P) Ltd. Vs. Registrar of Trade Marks, Dhaka and another, 2011, 40 CLC (HCD)
....ocate-For the Respondent. Trade Mark Appeal No.6 of 2006. Judgment Md. Ruhul Quddus J. - This Trade Mark Appeal under section 76 of the Trade Marks Act, 1940 is directed against order dated 12.7.2005 passed by the Registrar of Trade Marks, Dhaka that was communicated by letter dated ......ar of Trade Marks, Dhaka and another …….....Respondents 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 ..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)
....Respondent. Writ Petition No.4236 of 2009. Judgment Md. Ruhul Quddus J.—This Rule, at the instance of a judgment-debtor in a mortgage decree, 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......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. ..Category: Banking Law | Date: 29 Jan, 2011 | Hits: 2
Mosharraf Hossain (Md.) and others Vs. Akhtar Hossain, 2011, 40 CLC (HCD)
.... with MM Nuruzzaman, Advocate - For the Respondent. First Appeal No. 303 of 2010. Judgment Sharif Uddin Chaklader J.- This appeal by the plaintiff directed against judgment and decree dated 19-7-2010 passed by the learned Joint District Judge, 1st Court, Dhaka rejecting the plaint of......ng several miss statements in the plaint, the plaint should be rejected if it not covered under Order VII Rule 11 but under section 151 of the Code of Civil Procedure. Learned Advocate relying on the decision of Jabed Ali Vs. Abu Shaikh, being dead his heirs: Md. Naimuddin and others, 35 DLR (A..Category: Property Law | Date: 27 Jan, 2011 | Hits: 95
Md.Hasanul Islam Hanif Vs. State, 2011, 40 CLC (HCD)
.... 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 show cause as to why the impugned judgment and order date 6-5-2009 passed by the learned Metropolitan Special Tribunal No.7, Dhaka in Metropolitan Specia......necessary to seek corroboration always from independent sources. Adverse presumption under section 114(g) of the Evidence Act is, essentially, a question of fact which is for the court to arrive at a decision. Non-examination of important witnesses creates presumption under section 114(g) of the Evi..Category: Evidence Law | Date: 26 Jan, 2011 | Hits: 7
....h Samarendra Nath Biswash, Assistant Attorney General-For the respondent No.2.
Writ Petition No. 8769 of 2010.
Background:
Sheikh Hassan Arif J.-
1. During a period from 2009 till date, this country has faced (and is still facing) a new social menace which has become widely known......eputy Attorney General, appearing for respondent No. 2, on the other hand, submits that some effective steps have already been taken by different Ministries and law enforcing agencies pursuant to the decision of a meeting held on 04.11.2010 chaired by the Chief Secretary to the Prime Minister and an..
Category: Women and Children | Date: 26 Jan, 2011 | Hits: 246
Mahbub Ahmed Chowdhury Vs. Chief Election Commissioner and others, 2011, 40 CLC (AD)
....f any law enacted by Parliament subject to the provisions of the Constitution which means it may do so relating to subjects within its legislative competence..................(13) It is the mandate of the Constitution under Article 135 that Parliament cannot enact any law which empowers an a......he impugned judgment and order discharging the Rule having referred to the preamble and Article 7 of the Constitution but passed the impugned judgment and order with inconsistent and contradictory decision by holding in effect the supremacy of the law of parliament over the constitution and, a..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)
....rit Petition No. 8197 of 2010 Judgment Md. Ruhul Quddus J.- This Rule Nisi, at the instance of a legal heir of a judgment debtor in a mortgage decree, was issued calling in question orders dated 1.7.2009 and 6.9.2009 passed by the Artha Rin Adalat, Faridpur in Artha Rin Execution Case No.......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: ..Category: Banking Law | Date: 20 Jan, 2011 | Hits: 233
Mirza Ahsan Habib Vs. Judge, Artha Rin Adalat, Khulna and another, 2011, 40 CLC (HCD)
....e Respondent. Writ Petition No. 4236 of 2009. Judgment Md. Ruhul Quddus J. - This Rule, at the instance of a judgment-debtor in a mortgage decree, 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......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: ..Category: Banking Law | Date: 19 Jan, 2011 | Hits: 305
StateVs. Noor Islam and others, 2011, 40 CLC (HCD)
....or a week. Thereafter, on 31.10.2002 at 4-30 P.M. the accused Noor Islam got into a bus with the victim Shilpi Khatun from Jhoudanga Bus-stand for going to his own village of Nilkantha Nagar. On that-date, at about 6-30 P.M., the accused Noor Islam got down from the bus at Gadkhali Bus-stand with th......e a confession has been found to be true and voluntary, the conviction of the confessing accused can be based on the said confession, even if it is retracted. This view of ours finds support from the decisions in the cases of Joygun Bibi Vs. The State reported in 12 DLR (SC) 157 and Hozrat Ali and A..Category: Women and Children | Date: 13 Jan, 2011 | Hits: 195
Bangladesh Legal Aid and Services Trust Vs. Secretary, Ministry of Education, 2011, 40 CLC (HCD)
....ation Boards under the Ministry of Education to monitor imposition of corporal punishment when inspecting the educational institutions and to submit a report with regard to it. 5. By an affidavit dated 18.08.2010 respondent No.1 supplied to this Court a copy of the aforementioned circular and al......rences which are not criminal in nature. Where the teachers are palpably guilty of assault and sometimes grievous hurt, salish is not an appropriate mode of dispensation of justice. She refers to the decision in the case of Bangladesh Legal Aid and Services Trust and others Vs. Government of Banglad..Category: Women and Children | Date: 13 Jan, 2011 | Hits: 248
State Vs. Alam, 2011, 40 CLC (HCD)
....ed the two accused to hurriedly grab Vanu's jewellery and other belongings and flee the scene of the crime. The investigation into the case led to the submission of the Charge Sheet being CS No. 66 dated 22-2-2003 under sections 11 (ka)/30 of the Act against three accused persons being the condemn......s, the prosecution failed to prove the guilt of the appellants beyond reasonable doubt. The appellants are given the benefit of doubt." 24. This Court finds a similar rationale emerging from the decision in Sujoy Sen alias Sujoy KR Sen Vs. State of WB reported in (2007) 6 Supreme Cases 32 thus:..Category: Women and Children | Date: 11 Jan, 2011 | Hits: 176
.... Aftab Hossain, Advocate-on-Record—For the Respondent No. 2.
None Represented—For the Respondent Nos. 1 & 3-7.
Civil Appeal No. 237 of 2002
(From the judgment and order dated 4-6-2000 passed by the High Division in PMA No.95 of 1990)
Judgment
Md. Muzammel Hos......ent
December 13, 2010.
Result:
The appeal is allowed.
Bangladesh Shilpa Rin Sangstha Order (PO 128 of 1972); Article 33(1)(d)
The High Court Division concurred with the decision of the trial court excepting that the awarding of interest of Taka 33 lakh for the period p..
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)
....2 by filing affidavit in opposition, on the other hand, opposes the Rule on several grounds. Firstly, the learned Additional Attorney-General submits that imposition of tax is a constitutional mandate expressly designed in Article 83 of the Constitution which has no ambiguity whatsoever. Article......ibunal which upheld the order of the Respondent No.2 and the petitioner by reference moved the High Court Division against the said order of Tribunal and in all the cases this Division has stayed the decision of the Tribunal till disposal of the Tax Reference Application No.638 of 2004 filed by the ..Category: Fiscal/Taxation Law | Date: 13 Dec, 2010 | Hits: 48
Mahfuzur Rahman and another Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....der of the respondent No. 2 communicated under the signature of the respondent No. 5 vide Memo No. শেকৃবি/সিঃ ৩৫তম(বাস্তঃ)প্রঃ/০৮/৭৩১(২) dated 19-11-2008 (Annexure-'1') cancelling the admission of the petitioners from Sher-e-Bang......;culture (Hons.) in the Faculty of Agriculture of the said Agricultural University. 2. Subsequently, a further Rule Nisi was issued calling upon the respondents to show cause as to why the decision of the respondent No. 4 dated 27-12-2008, so far as it relates to the petitioners, should n..Category: Administrative Law | Date: 9 Dec, 2010 | Hits: 2
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