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Abu Hanifa (Md.) Vs. Md. Shafiul Bashar and others, 2011, 40 CLC (AD)
....dgment and order dated 1-11-2003 passed by a Division Bench of the High Court Division in Writ Petition No.7505 of 2002 is hereby affirmed. Ed. This Caseis also Reported in: 65 DLR (AD) (2013) 243. ......id Alam Khan, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Respondent No.1. None Represented—For the Respondent Nos.2-4. Civil Appeal No.28 of 2006. (From the judgment and order dated1-11-2003 passed by the High Court Division in Writ Petition No.7505 of 2002.) Judgment ......etition No.7505 of 2002 is hereby affirmed. Ed. This Caseis also Reported in: 65 DLR (AD) (2013) 243. ......Senior Advocate, instructed by AKM Shahidul Huq, Advocate-on-Record—For the Appellant. Md.Khurshid Alam Khan, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Respondent No.1. None Represented—For the Respondent Nos.2-4. Civil Appeal No.28 of 2006. (From the judgment and o..Category: Civil Law | Date: 15 Feb, 2011 | Hits: 8
Jamiul Hossain Vs. Government of Bangladesh & Others, 2011, 40 CLC (HCD)
....ently, Begum Rahima Hossain sold out 1.25 acres of land to Ms. Hena Khatun by a deed of sale No.4329 dated 04.10.1961. However, the names of Ms. Hena Khatun and other original heirs were recorded and published in S.A Khatian No.942, but their names were recorded separately during Revisional Survey (......alukder J.- This Rule Nisi was issued on an application under Article 102(2)(a)(ii) of the Constitution of the People's Republic of Bangladesh calling upon the respondents to show cause as to why the order under Memo No. Bhu: Re: 6/2002/1471 dated 08.07.2002 passed by respondent No.2 contained in an......ed. Let a copy of the judgment be communicated to the Respondents forthwith. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 49. ......(2012) 49. ..Category: Constitutional Law | Date: 15 Feb, 2011 | Hits: 176
Rupali Bank Ltd., Dhaka Vs. M/S. Brick Linkers Ltd. and Others, 2011, 40 CLC (AD)
....em. The appeal is dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 92, 16 BLC (AD) (2000) 107, VIII ADC (2011) 523 ......ituted a suit in the Artha Rin Adalat, Dhaka shortly, the Adalat, for realization of Tk.48, 68,970.270 against the respondents by selling the mortgaged property. The Adalat ultimately by judgment and order dated 5th February, 1997 decreed the suit in preliminary form with interest. The Adalat thereu......Case is also Reported in: 31 BLD (AD) (2011) 92, 16 BLC (AD) (2000) 107, VIII ADC (2011) 523 ......of any provision for executing the decree, there is no dispute that the provisions of the Code of Civil Procedure will apply. 6. In the preliminary decree there was direction to pay the decreetal money within a specified time and if the judgment-debtors failed to pay the decreetal amount, the dec..Category: Banking Law | Date: 15 Feb, 2011 | Hits: 189
....idavit the learned advocate for the petitioner has also annexed a copy of the National Child Policy, 2010 (Draft) and also a copy of the National Child Labour Elimination Policy, 2010, which has been published in the gazette as a notification dated 22.03.2010. The learned advocate has submitted befo...... nearest One Stop Crisis Centre at Dhaka Medical College Hospital and why the respondents shall not be directed to monitor the employment of children as domestic workers, and/or such other or further order or orders passed as to this Court may seem fit and proper.
4. In due course, affidavit-in-o......OM AND OUTSIDE LAW AND ROLE OF GOVT. AND CIVIL SOCIETIES IN BANGLADESH , 36-37 (2009) [hereinafter SCSD REPORT ON CHILD DOMESTIC WORKERS].
......al Jurisdiction)
Present:
Md. Imman Ali J
Sheikh Hassan Arif J
Bangladesh National Women Lawyers Association (BNWLA), represented by its Vice-President, Fahima Nasrin……….......Petitioner
Vs.
The Cabinet Division, Represented by Cabinet Secretary, Bangladesh Secretariat, Dhaka..
Category: Women and Children | Date: 15 Feb, 2011 | Hits: 265
Mohammad Abdus Sabur Vs. Agrani Bank, 2011, 40 CLC (HCD)
.... the respondent-bank opposes the Rule and submits that the prescribed time for concluding an execution case under the Ain is not mandatory. The bank had made attempt to sell the mortgaged property by publishing auction notice in the newspaper, but on the date fixed for auction no bidder participated......the Respondent. Writ Petition No. 4980 of 2006. Judgment Md. Ruhul Quddus J. - This Rule Nisi, at the instance of a judgment debtor in a mortgage decree, was issued calling in question order dated 30.5.2005 passed in Artha Rin Execution Case No. 741 of 2003 pending in Artha Rin Adalat......gment be communicated to the concerned executing Court. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......rt High Court Division (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Mohammad Abdus Sabur ………………….................Petitioner Vs. Agrani Bank, Laldighi East Branch, Chittagong and others…... Respondents J..Category: Banking Law | Date: 10 Feb, 2011 | Hits: 192
Promoda Sundari Sen Kalyan Trust Vs. Momtaz Zafar Ahmed and Others, 2011, 40 CLC (HCD)
....rder as to cost Let a copy of the Judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 53 ......l J.—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 d......Vs. Momtaz Zafar Ahmed and Others…………………..Respondent Judgment February 9, 2011 Result: The Rule is discharged of. Artha Rin Adalat Ain, 2003; Section 32 The party (plaintiff-petitioner) took a wrong way to ventilate ......ellip;………..Respondent Judgment February 9, 2011 Result: The Rule is discharged of. Artha Rin Adalat Ain, 2003; Section 32 The party (plaintiff-petitioner) took a wrong way to ventilate his grievances, other than the recourse prescribed by specific p..Category: Banking Law | Date: 9 Feb, 2011 | Hits: 2
Nazim Uddin Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... Judgment Md. Ruhul Quddus 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 a......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 (herein respondent No.2). In order to secure the loan, the borrower-company hypothecated its stocks and machineries, and the peti......sed at the time of issuance of the Rule is vacated. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ...... High Court Division (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Nazim Uddin……………………...............................Petitioner Vs. Bangladesh and others ………………….................Respondents Judg..Category: Banking Law | Date: 9 Feb, 2011 | Hits: 162
Shah Alam (Md.) Vs. State and another, 2011, 40 CLC (HCD)
....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. ......f 2009 (Kotwali) under section 138 of the Negotiable Instruments Act, 1881, now pending in the Court of Mohanagar Additional Sessions Judge, 3rd Court, Chittagong, should not be quashed, or any other order passed as this Court may deem fit and proper. 2. By the same Rule issuing order, all furt......ccordance 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. ......t High Court Division (Criminal Miscellaneous Jurisdiction) Present: Khondker Musa Khaled J Quazi Reza-ul-Hoque J Shah Alam (Md.)……………………......................Petitioner Vs. State and another……………………………………..Opposite-Parties Judg..Category: Banking Law | Date: 6 Feb, 2011 | Hits: 361
Sohrab Hossain (Md.) & others Vs. State & another, 2011, 40 CLC (HCD)
....in order to realize its loan the bank also gave legal notice to the accused on 6-12-2007 .which was duly received by them by signing the acknowledgment receipt. Besides the legal notice the bank published notification in the 'Daily Shamakal' on 27-10-2009 requesting the accused to make ......o.4137 of 2009 under sections 138/140 of Negotiable Instruments Act, 1881, Now pending before the Court of Chief Metropolitan Magistrate, Dhaka should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Fact leading to the issuance of th......ve, we find no merit in the Rule. Accordingly, this Rule is discharged. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 215. ...... High Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. A Wahhab Miah J Md. Khasruzzaman J Sohrab Hossain (Md.) & others......................Petitioners Vs. State & another.............................................Opposite-Parties..Category: Others | Date: 3 Feb, 2011 | Hits: 4
Aslam Khan Vs. Artha Rin Adalat, Moulvibazar and another, 2011, 40 CLC (HCD)
.... 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: ......e Respondent. 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 appli......, Moulvibazar and also to the concerned executing Court. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......Court Division (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Aslam Khan …………………………………………………....Petitioner Vs. Artha Rin Adalat, Moulvibazar and another ………...Respondents Judgment ..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: ......nstance 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 o......he concerned executing Court for future guidance as well. Nazmun Ara Sultana J.- I agree Ed. This Case is also Reported in: ......urt High Court Division (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Md. Nasurullah alias Nasu ……………………….....Petitioner Vs. Artha Rin Adalat No. 4, Dhaka and others…………....Respondents Judgment..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....... 5. The learned Assistant Attorney General appearing for respondent opposes the appeal and submits that there are specific allegations against the appellant so his bail should not be granted. In order to appreciate their submissions we have gone through the record and given our anxious consider......ail 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.......pearing for respondent opposes the appeal and submits that there are specific allegations against the appellant so his bail should not be granted. In order to appreciate their submissions we have gone through the record and given our anxious consideration to their submissions. 6. On going to t..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.......-General-For the Respondent. Criminal Appeal Order No. 8153 of 2011. Judgment 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 issu......on 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.......let-off from examination at the instance of informant, which seriously prejudiced the appellant, so those witnesses are required to be examined. 6. In order to appreciate his submission we have gone through the record and given our anxious consideration to his submissions. 7. On going to mat..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)
....ment be communicated and the record be sent back to the Registrar of Trade Marks, Dhaka immediately. Nazmun Ara Sultana J.- I agree. This Case is also Reported in: 18 BLC (HCD) (2013) 44. ......nt Vs. The Registrar 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 applicatio......o Reported in: 18 BLC (HCD) (2013) 44. ...... 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 grounds, the appellant would present..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. ......r The 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.......ank and may also be disposed of in accordance with law. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 579. ......) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Mirza Ahsan Habib…………………………………Petitioner Vs. The Judge, Artha Rin Adalat and another...........Respondents Judgment ..Category: Banking Law | Date: 29 Jan, 2011 | Hits: 2
Mosharraf Hossain (Md.) and others Vs. Akhtar Hossain, 2011, 40 CLC (HCD)
....n 29-11-88, when the law makers did not even think of the aforesaid enactment. Section 53E of Transfer of Property Act is a new law and not procedural. New law is to be effected from the date it is published in the Gazette, not before, unless the law makers give its effect by express word. In the ......া অপর এক ডিক্রী দিতে বিজ্ঞ আদালতের মর্জি হয়।” 3. Defendant opposite party No.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 ......cate this order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 218.......ugned order rejected the plaint on the ground that as per provision Section 53E of the Transfer of Property Act, 1882, the oral gift is required to be supported by an affidavit which having not been done, the suit is barred by law. 5. Mr. Md. Nazrul Islam, learned Advocate, appearing for the ap..Category: Property Law | Date: 27 Jan, 2011 | Hits: 95
Nasirul Islam Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... Mozibur Rahman Miah, Advocate-For the Respondent. Writ Petition No. 3888 of 2008. Judgment Md. Ruhul Quddus J.- This Rule Nisi was issued questioning the legality of an auction notice published in the Daily Janakanta on 9.5.2008 for sale of the petitioner’s property on the basis of......e dated 13.5.2008 upon the decree-holder bank requesting to release his property from the schedule of the auction notice and getting no response has moved this Court, obtained the instant Rule and an order of stay. 3. Bangladesh Shilpa Bank, Pabna branch as respondent No.1 appears and contests ...... annexed with the writ petition substituting photocopies thereof. Nazmun Ara Sultana J.- I agree. This Case is also Reported in: ......al Original Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Nasirul Islam, since deceased substituted by his legal heirs Mrs. Mily Khan and others ............Petitioners Vs. Bangladesh and others ……………….........Respondents Judgment ..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. ......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 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 ...... judgment and order be sent down to the concerned Court at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 237. ......Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Syed Mahmud Hossain J Md. Nazrul Islam Talukder J Md.Hasanul Islam Hanif.................Petitioner Vs. State............................................Opposite-Party Judgment ..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)
....ng for disposal, the Creditor-bank served a legal notice upon the petitioner-company on 12.12.2009 asking for payment of its outstanding dues amounting to taka 3, 64, 53, 434, 59/-. Later on the bank published an auction notice to sell the mortgaged property. In that event the petitioner-company mov......posal of the Rule are that the petitioner company took term loan amounting to taka 50,00,000/- (fifty lac) only from the City Bank Ltd, a private bank operating under the Bank Companies Act, 1991. In order to secure the loan, the petitioner issued 25 (twenty-five) blank cheques in favour of the cred......int 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: ......ported in: ..Category: Banking Law | Date: 26 Jan, 2011 | Hits: 185
....n this kind of cases -- where the victims do not come forward before the courts -- the presence of public spirited lawyers like them is the demand of the time. We also thankfully acknowledge the book published by BNWLA titled “Eve-Teasing: The Social Menace”--containing results of resear......executive director Advocate Salma Ali, has approached this court seeking some directives/guidelines as, according to them, the government has failed to contain the situation. Thereupon, this court by order dated 02.11.2010 issued Rule Nisi calling upon the respondents (mainly the concerned ministrie......reinabove.
Md. Imman Ali J. - I agree.
Ed.
This Case is also Reported in: 31 BLD (HCD) (2011) 324, 18 BLC (HCD) (2013) 290.
......ve Director of BNWLA, Monico Mona Tower (1st & 2nd Floor), 48/3, West Agargaon, Shere Bangla Nagar, Dhaka-1207…………………………Petitioner
Vs.
Government of Bangladesh, represented by the Cabinet Secretary of Cabinet Divisio..
Category: Women and Children | Date: 26 Jan, 2011 | Hits: 246
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