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Zahirul Islam & others Vs. Government of Bangladesh others, 2009, 38 CLC (HCD)

....Dhaka prepared in the name of the petitioners to the settlement press for final publication. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 168       ......d or act as an appellate authority over an appellate order passed under Rule 31 and set-aside such, appellate order or direct the Appellate Officer to hear an appeal afresh in respect of a particular holding. Nor the Appellate Officer is empowered to rehear an appeal which was finally disposed by hi..

Category: Property Law, Tenancy Law | Date: 28 Oct, 2009 | Hits: 5

Abdul Latif alias Kahinur alias Kahin and other Vs. State, 2009, 38 CLC (HCD)

....ection with any other case. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 245. ...... the accused persons under section 6(3) of the Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995. 4. The case was transferred to the Court of the Nari-o-Shishu Nirjatan Daman, Bishesh Adalat for holding trial. 5. Prosecution examined 15 witnesses and the defence examined none. 6. The ..

Category: Women and Children | Date: 6 Oct, 2009 | Hits: 116

Tobarak Ali Bepari Vs. Hachen Kha Being Dead His Heirs 1(A) Razzak Kha and others, 2009, 38 CLC (HCD)

....tion money along with the compensation, so deposited by the pre-emptor. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 318. ......nquiry in respect of the title of the pre-emptor, rather it only require to consider incidentally whether the pre-emptor is a co sharer tenant by inheritance, by purchase and whether the tenant is holding land contiguous to the land transferred............(18) Cases Referred to- Hal..

Category: Property Law | Date: 25 Aug, 2009 | Hits: 3

Shamsul Hossain Vs. Anwar Hossain and others, 2009, 38 CLC (HCD)

....st Appeal No. 48 of 1999 with First Appeal No. 330 of 1999 are allowed. No costs. Send down the lower Court Records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 74 ......er the tender notice is illegal, what the other relief or relives plaintiffs are entitled and whether plaintiffs entitled to get the decree. 7. Learned Judge dismissed the suit of the plaintiffs holding that the plaintiffs did not acquire any title by adverse possession. Against this finding pl..

Category: Property Law | Date: 20 Aug, 2009 | Hits: 3

Dr. Mohiuddin Khan Alamgir Vs. ACC and another, 2009, 38 CLC (HCD)

....d. Since the appellant is on bail, let him be released from the bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 107. ......thorised to make investigation on the allegation as set out in the FIR. 13. After 53 days of investigation Ms. Sharmin Ferdousi submitted charge sheet on 29-4-2007 stating that the appellant was holding six FDRs valued at Taka 1.17 crore beyond the known source of income of the appellant. The a..

Category: Anti-Corruption Laws | Date: 13 Jul, 2009 | Hits: 286

Radha Shyam Sarker Vs. Nani Gopal Sen being dead his heirs: Ashesh Kumer and others, 2009, 38 CLC (HCD)

.... order of stay granted earlier by this Court stands vacated. Office is directed to send down the record of the case at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 73. ......uit No.05 of 1996 in the third Court of Senior Assistant Judge, Dhaka, impleading the petitioner as defendant for ejectment from the shop room measuring an area 12' x 4' x 6" situated in holding No.68 of Shakhari Bazar, Dhaka. 3. Plaintiffs case put in a nutshell are that the defen..

Category: Tenancy Law | Date: 5 Jul, 2009 | Hits: 154

Bangladesh Power Development Board & others Vs. Abu Bakar Siddique & anothers, 2009, 38 CLC (AD)

....9 of 2001 are hereby declared to have been passed without lawful authority and is of no legal effect. Accordingly, the appeals are allowed without any order as to costs. Ed.   ...... qualified Assistant Engineer to cater the vacant post i.e. to fill up the existing vacant posts but when the authority got qualified Assistant Engineer the old principle was stopped. Since Engineers holding AMIE/BSc were available for promo­tion maintaining the 1/3 quota 33.33% of the total sancti..

Category: Employment/Service Law | Date: 3 Jun, 2009 | Hits: 256

Bangladesh Power Development Board & others Vs. Abu Bakar Siddique & anothers, 2009, 38 CLC (HCD)

....ithout lawful authority and is of no legal effect. Accordingly, the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 214. ...... qualified Assistant Engineer to cater the vacant post i.e. to fill up the existing vacant posts but when the authority got qualified Assistant Engineer the old principle was stopped. Since Engineers holding AMIE/BSc were available for promo­tion maintaining the 1/3 quota 33.33% of the total sancti..

Category: Employment/Service Law | Date: 3 Jun, 2009 | Hits: 3

Emran Ahmed & 20 anothers Vs. Bangladesh and others, 2009, 38 CLC (HCD)

....iority, back wages and other privileges within 30 days of receipt of a copy of this Judgment. There will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 213. ......ion­ers are declared to have been passed without lawful authority and are hereby struck down. The respon­dents are directed to reinstate the petitioners in their service in the posts that they were holding at the time of receipt of the respective impugned orders with seniority, back wages and othe..

Category: Employment/Service Law | Date: 2 Jun, 2009 | Hits: 35

Ehtesamur Rahman Vs. The State & Others, 2009, 38 CLC (HCD)

....formation and necessary action. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 399.                 ......formation and necessary action. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 399.                 ..

Category: Procedural Law | Date: 19 May, 2009 | Hits: 1

State Vs. Anjali Debi alias Monju Debi, 2009, 38 CLC (HCD)

....ent to Begum Amirun Nesa, the then Judge of Nari-o-Shishu Nirjatan Daman Tribunal, Pabna, immediately at her present posting. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 738. ......irajul Islam, in his examination-in-chief, stated that, at the relevant time, he went to the pond of brickfield of Kalam and saw a woman coming with a child and further noticed that she was coming by holding the hand of the child. He further noticed that, another woman from close distance came shout..

Category: Women and Children | Date: 5 May, 2009 | Hits: 75

Zahed Hossain (Md.) Vs. State and another, 2009, 38 CLC (HCD)

....t be quashed and the same may continue as well. I like to add the above few words in support of my learned brother and I agree. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 386. ...... and between same parties is not permissible, rather there is no provision of single trial in this Act. 41. Moreover, section 233 of the Code of Criminal Procedure does not completely debar from holding joint trial. This section has some exceptions. Section 235 is exception to the general rule ..

Category: Procedural Law | Date: 29 Apr, 2009 | Hits: 135

Md. Alauddin Bepari Vs. Somola Khatoon & others, 2009, 38 CLC (HCD)

....ting the application under Order 7 Rule 11 of the Code of Civil Procedure is hereby set aside and the plaint of the suit is rejected. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 251. ......f the contract in the Court at the time of filing of the suit and having not done so the learned Joint District Judge committed error of law occasioning failure of justice in not rejecting the plaint holding that the aforesaid amendment of the provision of law is not applicable in this case. 12. ..

Category: Civil Law | Date: 21 Apr, 2009 | Hits: 91

Dr. M. A. Yahia Vs. Md. Abdul Quader and others, 2009, 38 CLC (AD)

....s of Section 106 of the Transfer of Property Act, 1882 and the said lease agreement executed for a special purpose and containing a special condition, is not an ordinary lease agreement like lease of agricultural lands or industrial plots etc. and also it is mentioned in Clause-4 of the lease agreem......and other materials available on record. 8. The learned Judges of the High Court Division made the Rule absolute on discussion and proper consideration ,of the fads and law involved in the case holding that a registered deed of lease of immovable property for 99 years could only be determined ..

Category: Property Law | Date: 15 Apr, 2009 | Hits: 36

Jaharlal Bandapadhya and others vs. Most. Begum Jahanara, 2009, 38 CLC (AD)

....ourt Division. In such view of the matter we find not substance in this appeal. The appeal is dis­missed without any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 155. ......rt Division in disposing of the F.A. No.270 of 1981 in which a fresh trial of the suit was directed. 7. The learned Advocate further contended that the High Court Division acted illegal­ly in not holding that the plaintiff-respon­dent did not produce adequate and conclu­sive evidence in respec..

Category: Property Law | Date: 13 Apr, 2009 | Hits: 74

Aysha Begum Vs. State, 2009, 38 CLC (HCD)

....er to the Deputy Commissioner, Narayanganj and Superintendent of Police Narayanganj for their information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 493. ...... fees realisation card and money receipts issued by the victim's school he held that those did not contain the seal and signature of the Principal and Collector of the dues. He discarded her passport holding that instead of Nurun Nahar Auntu her name was recorded in the passport as Auntu only. He al..

Category: Women and Children | Date: 12 Mar, 2009 | Hits: 23

Mohammad Mosharraf Hossain Vs. Golam Mohamad and another, 2009, 38 CLC (AD)

....cision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 239. ......rd the learned counsel and perused the petition, the impugned judgment and order of the High Court Division and other connected papers. 3. As it appears the High Court Division discharged the Rule holding that the petitioner issued cheques on 27.8.2006 and 26.10.2006 and those were lastly dishono..

Category: Banking Law | Date: 26 Feb, 2009 | Hits: 150

Sontosh Kumar Shaha Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

....s judgment at their end. 72. However, there shall be no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 301.         ......3(d)(16) of the High Court Division Rules and why the Memo issued by the Respondent No.1, being Memo No.671-Bichar-1/4(d)/2000 dated 20.11.2003, show cause notice (Annexure-N) order of suspension and holding of Departmental Proceeding Case No.3 of 2000 and 4 of 2000 should not be de­clared to ha..

Category: Administrative Law, Constitutional Law | Date: 5 Feb, 2009 | Hits: 2

Nazimuddin (Md.) Chairman Vs. Government of Bangladesh, 2008, 37 CLC (HCD)

.... and discussions as made above, we do not find any merit in this Rule which is accordingly, discharged without any order as to cost. This Case is also Reported in: 61 DLR (HCD) (2009) 81. ......Chief Metropolitan, Dhaka transferred the case to the Court of Metropolitan Special Judge, Dhaka who subsequently transferred the case to the Special Judge Court No. 6, Sher-e-Bangla Nagar, Dhaka for holding trial. After receiving of the case record the said Court took cognizance of the case under s..

Category: Anti-Corruption Laws | Date: 4 Dec, 2008 | Hits: 149

MM Ali Ispahani Vs. MM Ispahani Ltd., 2008, 37 CLC (HCD)

.... Trust is being handed back to the learned Advocate for the Respondent Nos. 1 to 6 today. There is no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 206. ......gaged in the commercial and industrial sectors all over British India. The Company is said to have been converted from a private to a public limited company on 10.7.1947 with the majority of the shareholding still remaining with the families of the Three Patriarchs. It is shown that notwithstanding ..

Category: Company Law | Date: 4 Dec, 2008 | Hits: 505