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Dhirendra Nath Mondal Vs. Agrani Bank Ltd and others, 2010, 39 CLC (HCD)
....3 of 2001 is hereby affirmed. However, there will be no order as to costs. Send down the lower Court's record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 301. ......ot served upon him. We have carefully gone through the judgment reported in 15 BLD (AD) 35. Said Civil Petition for Leave to Appeal arose against the judgment and order of this Division rejecting the prayer for stay of the proceedings of the execution case. Facts as stated in the said Civil Petition..Category: Civil Law | Date: 7 Jun, 2010 | Hits: 6
Roshanally Mohamed Harji and another Vs. AKM Zakir Hossain and another, 2010, 39 CLC (HCD)
....ut any order as to costs. Sent down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 85; 20 BLT (HCD) (2012) 532 . ......gards land in suit. Against this legal notice, defendant No.1 also served a legal notice. Thereafter, it is learnt that defendant No.1 transferred the suit land to defendant No.2, hence the suit with prayer that 'a decree be passed directing defendant No.1 and 2 to execute and register the sale deed..Category: Property Law | Date: 12 May, 2010 | Hits: 133
Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....l Hossain, MP and with dishonest intention and upon ignoring the recommendation of the PDB and the Secretary of the Ministry, unreasonably mentioned various things to cancel the tender. He made three alternative proposals namely (i) Re-tender on one envelope basis, or (ii) re tender on two envelope ...... now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 22; 30 BLD (HCD) (2010) 429 ...Category: Criminal Law | Date: 22 Apr, 2010 | Hits: 107
Sayeda Nasima Sarwar Vs. Government of Bangladesh, 2010, 39 CLC (HCD)
....;…………………Respondents Judgment March 22, 2010. Result: The Rule is discharged. Maintainability of writ petition when there is alternative remedy The evidence that the prosecution has in respect of their prima-facie satisf...... by this Court at the time of issuance of the Rule is hereby vacated. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 350. ..Category: Anti-Corruption Laws | Date: 22 Mar, 2010 | Hits: 103
Safiat Sobhan Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
.... when he will have the opportunity to assail any evidence which may be produced by the prosecution to support the prosecution case. Thus, it cannot be said that the petitioner does not have any other alternative remedy. And, as such, where there is alternative remedy available the writ petition is n...... by this Court at the time of issuance of the Rule is hereby vacated. Let a copy of this Judgment be communicated at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 511. ..Category: Anti-Corruption Laws | Date: 22 Mar, 2010 | Hits: 189
Md. Tofazzel Hossain and others Vs. People's Republic of Bangladesh, 2010, 39 CLC (HCD)
....f this Judgment and order. Ad interim direction granted earlier at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 235. ...... requested him to inform the Bangladesh Bank and take step to strike out them name from C/B ledger of Bangladesh Bank as defaulters which was done illegally. But the Respondent paid no heed to the prayers of the petitioners. Accordingly the petitioners through his lawyer sent a demand of justice..Category: Civil Law | Date: 16 Mar, 2010 | Hits: 7
Abdur Rouf Chowdhury (Md.) Vs. Mirza Shahabuddin Ispahani and others, 2010, 39 CLC (HCD)
....ng lapse of time. The Court held as; 'Amendment of a plaint and amendment of a written statement are not governed by exactly the same principle. The defendant would not be allowed to introduce an alternative and completely different kind of defence which will have the effect of introducing a new......the RAJUK that the plaintiff informed RAJUK about the alleged cancellation of the power of attorney by him but he failed to produce the alleged instrument of cancellation and, as such, the plaintiffs prayer for stay of proceedings was not accepted by RAJUK. Thereafter, defendants stated that, as att..Category: Procedural Law | Date: 10 Mar, 2010 | Hits: 13
Sheikh Hasina Wazed Vs. Government of Bangladesh, 2010, 39 CLC (HCD)
....legality, the whole proceeding would stand liable to be set aside. 17. In addressing the first question i.e., whether this petition is maintainable as it is essentially a criminal matter and, as alternative remedy is available in the form of an application under Section 561 A, to the Petitioner......squo;s entirety, but so far as the same relates to the Petitioner only. There will, however, be no order as to costs. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: 9 Mar, 2010 | Hits: 228
Sheikh Hasina Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....ess of disposing the Rule of. The First one centres round the question of maintainability of this writ petition: is writ jurisdiction available in an essentially criminal matter: is it available when alternative statutory remedy is available? The second question is whether the Chair of the Commissio......ption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 102
Sheikh Hasina Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....ess of disposing the Rule of. The First one centres round the question of maintainability of this writ petition: is writ jurisdiction available in an essentially criminal matter: is it available when alternative statutory remedy is available? The second question is whether the Chair of the Commissio......uption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 131
State Vs. Secretary, Ministry of Home Affairs, 2010, 39 CLC (HCD)
.... Railway Police to search for the relatives of the minor children. Since it was nightfall, considering the welfare of the children, he personally arranged for some food for them and, finding no other alternative, sent them to the District Jail to be kept in safe custody in the children’s ward with......rection that a copy be kept in the dossier of the two learned Magistrates concerned. Md. Abu Tariq J. - I agree. This Case is also Reported in: 16 MLR (AD) (2011) 254; 30 BLD (HCD) (2010) 265. ..Category: Women and Children | Date: 1 Mar, 2010 | Hits: 177
Dr. Md. Nazimuddin and others Vs. Md. Abdur Rahman Siddique and others, 2010, 39 CLC (HCD)
.... the Joint District Judge, 1st Court, Noagaon being the executing Court is bound to hand over delivery of possession through process of Court and with the help of police forces and he got no other alternative but to execute the decree as per order 21 Rule 95 of the Code of Civil Procedure. The s...... and that was allowed. The opposite party failed to appear before the Executing Court and as such the Court started proceeding with the Execution Case. The decree holder petitioner ultimately made prayer for attachment of the judgment debtors' property and for realization of decreetal amount aft..Category: Civil Law | Date: 25 Feb, 2010 | Hits: 7
Ayrin Akhter Lypi Vs. Bahadur Khan and another, 2010, 39 CLC (HCD)
....his judgment and order to the Court concerned for inf6rination and necessary action. Ed. This Case is also Reported in:19 BLT (HCD) (2011) 488; 15 MLR (HCD) (2010) 139; 30 BLD (HCD) (2010) 280. ...... Judgment January 27, 2010. Result: The Rule is made absolute. Although the law, as provided under Section 494 of the Code of Criminal Procedure, authorizes a Public Prosecutor to make a prayer to the Court for withdrawal of the case from prosecution but that is subject to consent of th..Category: Women and Children | Date: 27 Jan, 2010 | Hits: 156
Paresh Chandra Biswas Vs. Sree Sree Shashan Kalimata Idol and others, 2009, 38 CLC (HCD)
....he result, the appeal is dismissed with costs. The connected Rule is discharged. Send down the lower Court records at once. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 679. ......e course of trial of the suit but they did not mark it as exhibit. In this Court, they filed an application for recording additional evidence for exhibiting the deed of endowment. We have allowed the prayer and marked it as Exhibit 3. 8. Mr. Mir Mahfuzur Rahman, learned Advocate, has reiterated..Category: Others, Property Law | Date: 16 Dec, 2009 | Hits: 94
....on to maintain as it is.
3. On the other hand Dhaka City Corporation has filed
Affidavit-in-opposition admitting their misdeed which touched the public
religious sentiment and finding no other alternative they had to stop the road
construction work more.
4. Mr. Manzill Murshid , the lea......onstruct a boundary wall which has been
demolished by the contractor within such period.
Stay granted earlier by this court is
hereby vacated.
Ed.
This Case
is also Reported in:
..
Category: Constitutional Law | Date: 17 Nov, 2009 | Hits: 6
State Vs. Secretary, Ministry of Law, Justice & Parliamentary Affairs and others, 2009, 38 CLC (HCD)
....াড়ি, সিলেট প্রেরন করা হোক।" 8. He states that since no prayer was made by the parents or nearest relatives of the victim seeking her custody, he had no alternative but to send her to the approved home managed and controlled by the Ministry of Social We......d on the next day i.e. on 01.04.2009. After recording her statement the learned Magistrate again sent her to the safe home. In the meantime the Officer-in-Charge of Osmani Nagar Police Station made a prayer to the Court for allowing the victim's mother to stay in the safe home with her daughter S. T..Category: Women and Children | Date: 3 Sep, 2009 | Hits: 198
Sheikh Mashuk Rahman Vs. State and another, 2009, 38 CLC (HCD)
....proved by adducing evidence before the trial Court. Mens rea need not be proved, nor the accused in entitled to the presumption of innocence in such a case. Nor the availability of civil or any other alternative forum would stand as a bar in launching a prosecution under section 138 of the NI Act, 1......earned Metro. Assistant Sessions Judge granted bail to the petitioner on 8-11-06. 5. Thereafter, the accused petitioner moved a petition under section 265C of the Code of Criminal Procedure with prayer to discharge him. But the said petition being rejected by order No.7 dated 15-5-07 the trial ..Category: Banking Law | Date: 16 Aug, 2009 | Hits: 190
Agrani Bank Vs. Md. Abdul Khaleque & another, 2009, 38 CLC (HCD)
....dismissed, the judgment and the decree of the trial court is hereby set aside. Send down the L.C. record immediately. Md. Abu Tariq J.- I agree. Ed. This Case is also Reported in:......fendants filed an application praying for remission of the interest and assured to repay the loan after the consideration of the interest and assured to repay the loan after the consideration of this prayer. On their prayer a special privilege was given to the defendants by the Bank authority by rem..Category: Banking Law | Date: 23 Jun, 2009 | Hits: 153
Sheikh Md. Nurul Haque Vs. State and another, 2009, 38 CLC (HCD)
....ds vacated. Send a copy of this order to the Metropolitan Magistrate, Khulna for compliance. Md. Ataur Rahman Khan J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 162. ...... of Criminal Procedure and issued summons under section 138 of the Negotiable Instruments Act, 1881. The accused petitioner having received the summons surrendered before the Court concerned with a prayer for bail and the learned Chief Metropolitan Magistrate enlarged the accused petitioner on bai..Category: Banking Law | Date: 26 May, 2009 | Hits: 663
Bangladesh National Women Lawyers Association (BNWLA) Vs. Bangladesh and Others, 2009, 38 CLC (HCD)
.... 3. At present there are no legislative provisions to address sexual harassment of women and girl children and in the absence of the legislative provisions the need to find out an effective and/or alternative mechanism to cater the need is an urgent social imperative. On 7 July, 2008 “সাম......ficult task in public interest. There is no order as to costs. Quamrul Islam Siddiqui J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 415, 14 BLC (HCD)(2009) 694. ..Category: Women and Children | Date: 14 May, 2009 | Hits: 330
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