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....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......as decided that the rent will be paid to him within seventh of the following month as per Bengali Calendar. Defendant paid rent irregularly upto Ashar, 1402 B.S. thereafter he became a defaulter. Moreover he has bona fide requirement of suit premises. Accordingly on 01-11-1995 he served notice under..
Category: Tenancy Law | Date: 5 Jul, 2009 | Hits: 154
Bangladesh Power Development Board & others Vs. Abu Bakar Siddique & anothers, 2009, 38 CLC (AD)
.... 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......rity for prosecuting higher studies. Further the appellants claimed that after service rules of PDB came into force in 1982 providing that the service conditions of the employees and officers were governed by those rules and the office circular dated 11-4-1966 has no force but under special circum..Category: Employment/Service Law | Date: 3 Jun, 2009 | Hits: 256
Bangladesh Power Development Board & others Vs. Abu Bakar Siddique & anothers, 2009, 38 CLC (HCD)
.... 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......rity for prosecuting higher studies. Further the appellants claimed that after service rules of PDB came into force in 1982 providing that the service conditions of the employees and officers were governed by those rules and the office circular dated 11-4-1966 has no force but under special circum..Category: Employment/Service Law | Date: 3 Jun, 2009 | Hits: 3
Emran Ahmed & 20 anothers Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....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......s been further submitted by the learned Advocates that Biman Bangladesh Airlines Limited is a public body within the meaning of the said Service Regulations and 100% shares of Biman are owned by the Government. He therefore, submits that Bangladesh Biman Airlines Limited is not a private company o..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. ......at every case whether Civil or Criminal shall be instituted in the Court of the lowest grade competent to try it. The rule of procedure has got imperative force to comply with it which cannot be overlooked or avoided. The object of this rule is that the Court of the higher grade cannot be over-..Category: Procedural Law | Date: 19 May, 2009 | Hits: 1
State Vs. Anjali Debi alias Monju Debi, 2009, 38 CLC (HCD)
....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...... applied in a case when there is possibility of acquittal or the fact does not invite any harsh sentence. It can be seen that from the year 1983 up to 2003, special laws have been promulgated by the Government for safety of woman's body, but there is no achievement, rather parallel laws are running ..Category: Women and Children | Date: 5 May, 2009 | Hits: 75
Zahed Hossain (Md.) Vs. State and another, 2009, 38 CLC (HCD)
.... 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 ...... cheque and his filing of one case for so many dishonored cheques is not permissible. 40. In this connection, we like to mention that Negotiable Instruments Act is a special Law. It will prevail over general law like CrPC. Filing of case in respect of dishonored cheque is guided by the provisio..Category: Procedural Law | Date: 29 Apr, 2009 | Hits: 135
Md. Alauddin Bepari Vs. Somola Khatoon & others, 2009, 38 CLC (HCD)
....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. ......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. ..Category: Civil Law | Date: 21 Apr, 2009 | Hits: 91
Dr. M. A. Yahia Vs. Md. Abdul Quader and others, 2009, 38 CLC (AD)
....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 ...... Court Division, in short, are that petitioner No.1 who started his career on 20.03.1968 as a Lecturer of Chemistry in the Carmichael College and on 16.12.2003 retired as Principal of the Palashbari Government College at Gaibandha after a teaching career of thirty five years. Petitioner No.2 is his ..Category: Property Law | Date: 15 Apr, 2009 | Hits: 36
Jaharlal Bandapadhya and others vs. Most. Begum Jahanara, 2009, 38 CLC (AD)
....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......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. ..Category: Property Law | Date: 13 Apr, 2009 | Hits: 74
Aysha Begum Vs. State, 2009, 38 CLC (HCD)
.... 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......ut 7-45 in the morning accused Mintu along with several other accused kidnapped the victim when she appeared at the school gate. The aforesaid occurrence was intimated to her by her mother and sister over telephone to Kuwait. Then she came to Bangladesh from Kuwait and tried to contact the accused b..Category: Women and Children | Date: 12 Mar, 2009 | Hits: 23
Mohammad Mosharraf Hossain Vs. Golam Mohamad and another, 2009, 38 CLC (AD)
....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......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. ..Category: Banking Law | Date: 26 Feb, 2009 | Hits: 150
Sontosh Kumar Shaha Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....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......dul Hoque Chowdhury J Sontosh Kumar Shaha…………………………………………Petitioner Vs. Government of Bangladesh and others………………Respondents J..Category: Administrative Law, Constitutional Law | Date: 5 Feb, 2009 | Hits: 2
Nazimuddin (Md.) Chairman Vs. Government of Bangladesh, 2008, 37 CLC (HCD)
....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......Imman Ali J Md. Ashfaqul Islam J Nazimuddin (Md.) Chairman ……………………………… Accused-Petitioner Vs. Government of Bangladesh represented by the Secretary, Ministry of Law………&hellip..Category: Anti-Corruption Laws | Date: 4 Dec, 2008 | Hits: 149
MM Ali Ispahani Vs. MM Ispahani Ltd., 2008, 37 CLC (HCD)
....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 ......cture of the Company. The growing fortunes of the Company led to it emerging as the parent company to a progressively expanding group of companies engaged 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 co..Category: Company Law | Date: 4 Dec, 2008 | Hits: 505
...., BJMAS started trafficking research, advocacy, providing shelter to victims of violence, repatriating victims of trafficking and illegal immigration. BJMAS is well known to the judiciary. The Courts holding trial frequently sent the victims of violence to stay in the shelter home of BJMAS. After re......r Article 102 of the Constitution of the People’s Republic of Bangladesh, a Rule Nisi was issued calling upon the respondents to show cause as to why respondent No. 4 should not be directed to hand over the seven children described in paragraph No. 3 of the supplementary affidavit dated 18.6.2006,..
Category: Women and Children | Date: 14 Aug, 2008 | Hits: 201
....itutional
legislation. It cannot and does not take away the jurisdiction of the High
Court under the Constitution itself. We have no doubt in our minds, therefore,
that the High Court was right in holding that this was not a case where its
jurisdiction was ousted by section 3 of the Companies Ac......mpany has purchased a
denationalized and privatized industry namely, Kuliarchar Ground Nut Mills Ltd.
at a price of Taka 1,24,00,000 under an agreement dated 18-6-2007 executed by
and between the government and the company Later 400 shares of the company
Messrs R Zaman and Company Limited of dif..
Category: Company Law | Date: 12 Aug, 2008 | Hits: 18
Idrisur Rahman (Md) Vs. Bangladesh, 2008, 37 CLC (HCD)
....ircumstances, which satisfied the President who thought it expedient to take immediate action by making and promulgating an Ordinance for fair and impartial appointment of judges of the Supreme Court holding effective consultation (recommendation) with the Commission headed by the Chief Justice to p......la vs. State of Rajasthan: AIR 1951 SC 467; State of Orissa vs. Bhupendra Kumar (Gajendragadkar): AIR 1962 SC 945; Makhan Singh Tarsikka vs. State of Punjab: AIR 1964 SC 648; Mr Satpal & Co. vs. Governor of Delhi: AIR 1979 SC 1550; R K Garg vs. Union of India: AIR 1981 SC 2138; A K Roy vs. India..Category: Constitutional Law | Date: 7 Aug, 2008 | Hits: 236
State Vs. Metropolitan Police Commissioner, Khulna and others, 2008, 37 CLC (HCD)
.... it was only after specific directions were issued by order of this Court dated 14.5.2008 that proper steps were taken in accordance with section 66(1) of the Act to ascertain the age of the girl, by holding a full-fledged inquiry, where evidence in respect of her age was given by a number of person......Children Act, making the parents/ guardians of any child used for carrying drugs criminally liable. 15. The State must make provision for diversion of child offenders from the formal placement in government safe homes/prisons to be placed in an atmosphere where the child may be guided in more con..Category: Women and Children | Date: 22 Jul, 2008 | Hits: 147
Kazi Salahuddin Vs. Kazi Badruzzahedin (Dabir) and others, 2008, 37 CLC (AD)
.... 16. It appears that the High Court Division found that the order appointing the petitioner as mutwalli and removing the respondent from the post is illegal and without lawful authority and in so holding the High Court Division relied upon annexure-I to the writ petition which is r.......532 ajutanghsa as found in the taliatnama (Annexure-B) appointing Kazi Khairuddin and the said land of 532 ajutangsha land with the mosque, one shop, two godowns upon some portion had been handed over to him. But in para 12 of the writ petition the land of Wakf Estate was shown as 1 katha that ..Category: Trust/Waqf Law | Date: 22 Jul, 2008 | Hits: 166
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