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Shah Alam (Md.) Vs. State and another, 2011, 40 CLC (HCD)

....al Procedure. Evidently the complaint petition was filed well within the stip­ulated period by making out a prima-facie case to proceed under section 138 of the Negotiable Instruments Act, 1881. The principle for quashing a criminal proceeding is formulated in the case of Sher Ali Vs. State reporte......e trial Court shall proceed with the case in accordance with law. Send a copy of the judgment and order to the Court below at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 137. ......Rule is discharged. Cases Referred to- Sher Ali Vs. State, 46 DLR (AD) 67; 17 BLD (AD) 44=2 BLC (AD) 16, 36 DLR (AD) 14; 28 DLR (AD) 38; Poonam Mahahjan Vs. Mohan Lal Swara 2003 (2) DCR 332. Lawyers Involved: Md. Khurshid Alam Khan, Advocate—For the Petitioner. Md. Motaher Hossain, ..

Category: Banking Law | Date: 6 Feb, 2011 | Hits: 361

Sohrab Hossain (Md.) & others Vs. State & another, 2011, 40 CLC (HCD)

.... 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. ...... 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. ...............Petitioners Vs. State & another.............................................Opposite-Parties Judgment February 3, 2011. Result: The Rule is discharged. Lawyers Involved: Meah Mohammad Kausar Alam, Advocate—For the Petitioners. Md. Sohro..

Category: Others | Date: 3 Feb, 2011 | Hits: 4

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

....ree, 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 Artha Rin Execution Case No. 29 of 2003 (arising out of Artha Rin Suit N...... to the Manager, Sonali Bank Ltd., Bhairabganj Bazar Branch, Moulvibazar and also to the concerned executing Court. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......¦â€¦â€¦â€¦â€¦....Petitioner Vs. Artha Rin Adalat, Moulvibazar and another ………...Respondents Judgment February 2, 2011. Result The Rule is discharged  Lawyers Involved: Abdul Jalil, Advocate -For the Petitioner. Mohammad Ali, Advcoate-For th..

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)

....he may get back his property. Such an illegal order of the executing Court would not create any right for redemption of the mortgaged property in favour of the judgment debtor. This is a well settled principle of law that after confirmation of sale of any mortgaged property in due process of law, th......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: ...... Judgment February 2, 2011. Result The Rule is discharged. Case Referred To- Khorshed Alam Vs. Subordinate Judge, Artha Rin Adalat No. 1 and others, 54 DLR, 239. Lawyers Involved: Md. Harunur Rashid, Advocate-For the Petitioner. Joynul Abedin with Md. ..

Category: Banking Law | Date: 2 Feb, 2011 | Hits: 175

Shamsunnur Rahman Vs. State, 2011, 40 CLC (HCD)

....dure irrespective of the fact whether she offers to produce defence or not. The examination must precede the stage when the accused is required to adduce defence evidence. The section is based on the principle involved in the maxim "audi alteram paterm" namely that no one should be condemned unheard...... 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.......r Ullah J Shamsunnur Rahman………….......................Accused-Appellant Vs. State......................................................Respondent Judgment January 31, 2011. Lawyers Involved: MA Shahid Choudhury, Advocate-For the Appellant. Md. Moniruzzaman, Assistant..

Category: Women and Children | Date: 31 Jan, 2011 | Hits: 127

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.   ......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.   ......ip;Petitioner Vs. The Judge, Artha Rin Adalat and another...........Respondents Judgment January 19, 2011. Result: The Rule is made absolute Cases Referred to- Lawyers Involved: Abul Kalam Mainuddin, with Rehana Akhtar, Advocates—For the Petitioner...

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.......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.......der Vs. Rash Mohan Saha being dead his heirs, Kartick Chowdhury Saha and others, 10 MLR (AD) 345; Abdul Jalil Vs. Islami Bank Bangladesh Limited, 53 DLR (AD) 12; Nizamuddin Vs. State, 30 DLR 49. Lawyers Involved: Md. Nazrul Islam, Advocate - For the Appellants. Md. Abdul Quayum, Advoc..

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: ......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: ......d others ............Petitioners Vs. Bangladesh and others ……………….........Respondents Judgment January 27, 2011. Result The Rule is discharged.  Lawyers Involved: Shaikh Atiar Rahman, Advocate-For the Petitioners. Md. Mozibur Rahman Mi..

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.   ......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.   ......hman Vs. State, 6 BLC 254; Aslam Jahangir Vs. State, 5 BLC 514; Habibur Rahman,alias Jane Alam Vs. State, 47 DLR 323; MoWuddin Vs. State, 61 DLR 35;Abdul Haider Sikder Vs. State, 43 DLR (AD) 95. Lawyers Involved: ABM Waliur Rahman Khan, Advocate—For the Petitioner. Kazi M. Ejaru..

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: ...... 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: ......mpetent court in due course of trail, if the notice giver bank goes for legal action. But at this stage its access of justice cannot be denied by gagging the legal notice…………….( para 8) Lawyers Involved: Shamsuddin Babul with Kanai Lal Saha, Advocates-For the Petitioners. Ms. Sat..

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

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

....t, I feel, straightway ignore the international obligations, which a country undertakes. If the domestic laws are not clear enough or there is nothing therein the national courts should draw upon the principles incorporated in the international instruments. But in the cases where the domestic laws a...... present case, the High Court Division is obliged to entertain their grievance and intervene to redress even at the instance of public-spirited organization like the petitioner. Applicability of International Instruments: 18. The Universal Declaration of Human Rights 1948 (UDHR) recognizes......, 18 BLC (HCD) (2013) 290. ..

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

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

....y reference or incorpo­ration. Further the parliament in addition to its power of direct legislation it has power to amend, repeal, modify or alter any law within its legisla­tive competence. The principles have been recog­nized by the Indian Supreme Court in the Case of Sajjat Sing Vs. State......judgment and order passed by the High Court Division. Accordingly, the Civil Petition for Leave to Appeal is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 283. ......lic of Bangladesh, 41 DLR (AD) 165; Ashby Railway Carriage and Iron Co. Ltd Vs. Rich (1875 LR 7 HL 653); BADC Vs. Shamsul Haque 60 DLR (AD) 152; Full Chand Das Vs. Md. Hammad 34 DLR (AD) 361. Lawyers Involved: Mohammad Golam Kibria, Advocate, instructed by Md. Aftab Hossain, Advocate-o..

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)

.....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......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: ........... Petitioner Vs. The Joint District Judge, Artha Rin Adalat, Faridpur and others….... Respondents Judgment January 20, 2011. Result The Rule is discharged. Lawyers Involved: Abdul Baset Majumder with Nakib Saiful Islam, Advocates-For the Petitioner. ..

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: ......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: ......€¦â€¦â€¦â€¦â€¦Petitioner Vs. The Judge, Artha Rin Adalat, Khulna and another………....Respondents Judgment January 19, 2011. Result The Rule is made absolute. Lawyers Involved: Abul Kalam Mainuddin, with Ms. Rehana Akhtar, Advocates-For the Petitioner. ..

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

StateVs. Noor Islam and others, 2011, 40 CLC (HCD)

....nce to pay a fine of Tk. 1,00,000/- each, in default to pay the fine, they are to suffer rigorous imprisonment for two years more each. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 141.......nce to pay a fine of Tk. 1,00,000/- each, in default to pay the fine, they are to suffer rigorous imprisonment for two years more each. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 141.......ication of sentences. Cases Referred to- Joygun Bibi Vs. The State, 12 DLR (SC) 157; Hozrat Ali and Abdur Rahman Vs. the State, 42 DLR (HCD) (1990) 177; Abdur Rouf and others Vs. 38 DLR 197. Lawyers Involved: Md. Salim, Deputy Attorney-General with Md. Ensan Uddin Sheikh, and Md. Nurul I..

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)

....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......vidual has a right to respect for his/her human dignity, physical integrity, and equal protection under the law. Bangladesh being a party to the Convention on the Rights of the Child (CRC), 1989, the International Covenant on Civil and Political Rights (ICCPR), 1966 and the Convention on the Prohibi......kti Morcha Vs. Union of India and others MANU/SC/0552/1997:[1997]2SCR379; Hussain Muhammad Ershad Vs. Bangladesh and others, 21 BLD (AD) 69; State Vs. Metropolitan Police Commissioner, 60 DLR 660. Lawyers Involved: Ms. Sara Hossain, Advocate with Ms. Aantee Nurul, Advocate, Md. Taufiqul Islam,..

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

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

.... with the absence of inde­pendent witnesses in this case, and reasoning that such witnesses are not readily forthcoming in such cases, the Tribunal addressed this shortcoming by resorting to certain principles justifying reliance on circumstantial evidence. The Tribunal, therefore, ended up relying...... 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. ......e Vs. Lalu Miah, 39 DLR (AD) 117; Shahjahan Vs. State, 46 DLR 575; Kazi Ibrahim @ Ibrahim Kazi Vs. State, 1991 BLD 423=41 DLR 524; State of Rajasthan Vs. Netrapal, 2007 4 Supreme Court Case, 45. Lawyers Involved: M Amir-ul-Islam, Senior Advocate with Sheikh Rafiqul Islam, Ms Sultana Nasrin..

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

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. ...... Bulbuli................................................Respondent Judgment January 6, 2011. Result: The leave petition is dismissed. Marriage and Succession under Hindu Law Marriage under the traditional Hindu Law is a holy union for the performance of religious d..

Category: Family Law, Hindu Law | Date: 6 Jan, 2011 | Hits: 15

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.   ......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.   ......ed to- Webb Vs. Stanton, (1883) 11 QBD 518; O'Driscoll Vs. Manchester Insurance Committee, (1915) 3 KB 499 and Sonali Bank Vs. M/s Karnaphuli Works Ltd, 2 BLT (AD) 78 = 46 DLR (AD) 55 . Lawyers Involved: AKM Nazrul Islam, Senior Advocate instructed by Syed Mahbubar Rahman, Advocat..

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. ......etitioner Vs. Chairman, National Board of Revenue and another…………………………..Respondents Judgment December 13, 2010. Result: The Rule is discharged. Lawyers Involved: Masood R. Sobhan with Fatema S. Chowdhury and AFM Saiful Karim, Advocate - Fo..

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