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Akramuzzaman (Md.) alias Babu Vs. Artha Rin Adalat No. 1 Rajbari and others, 2008, 37 CLC (HCD)

....cate the order at once with a copy of judgment for information and necessary action to all respondents. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 638; 15 MLR (HCD) (2010) 1. ......s Adalat), impleading (1) Messrs Mithila Traders, represented by its proprietor Anjira Akhter, (2) Halima Begum and (3) Md. Abu Bakar as defendants for realisation of loan of Taka 4,17,507 along with interest thereon @ 12.50% per annum till realisation of decretal dues, stating, inter alia, that on ..

Category: Civil Law | Date: 5 Nov, 2008 | Hits: 168

Bangladesh Jatiyo Mahila Ainjibi Samity (BJMAS) Vs. Ministry of Home Affairs and Others, 2008, 37 CLC (HCD)

....or DNA test. The Nari-O-Shishu Nirjatan Case pending in the Court below shall proceed as usual.  Farid Ahmed J.- I agree.  This Case is also Reported in: 61 DLR (HCD) (2009) 371. ......asked respondent No. 4, who was present in the Court through his learned Advocate Mr. Sajawar Hossain as to whether he was ready to conduct DNA test or not. Respondent No. 4 disclosed that he was not interested in DNA test at all and that if the Court so desired, such a test could be done in a devel..

Category: Women and Children | Date: 14 Aug, 2008 | Hits: 201

Idrisur Rahman (Md) Vs. Bangladesh, 2008, 37 CLC (HCD)

....e involves substantial questions of law as to the interpretation of the Constitution, which may be decided by the Appellate Division. Ed. This Case is also Reported in: 60 DLR (2008) 714. ......on while Mr. Mahmudul Islam declined to receive the notice of request issued by the Court. 5. The petitioner is stated to be an Advocate of the Supreme Court and made the writ petition in public interest to uphold the supremacy of the Constitution for ensuring the independence and separation of..

Category: Constitutional Law | Date: 7 Aug, 2008 | Hits: 236

S.M. Mohiuddin Hossain Vs. Jalalabad Co-Operative Housing Society Limited and others, 2008, 37 CLC (HCD)

.... time of issuance of the rule is hereby vacated. The lower courts record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 135. ......und cor­rect that there was a path way from North to South by the eastern side of the suit plot from the time of his predecessor Jafar Ahmed for public use. The defendants have no right title and interest and also possession in any man­ner in the suit land. The plaintiff took loan from Agran..

Category: Civil Law, Property Law | Date: 5 Aug, 2008 | Hits: 4

Motahera Begum and others Vs. Abdul Monaf and others, 2008, 37 CLC (HCD)

....ule is discharged without and order as to the costs. Lower Courts record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 402. ...... others by Dakhila. The M.R.R. Khatian No.137 was recorded in their names and that the settlement holders have been in possession of 3.82 acres of land in Plot No.106. Hirod Chandra had no subsisting interest in the land of Plot No.106. Thereafter the rent receiving interest was acquired by Zaminder..

Category: Property Law | Date: 30 Jul, 2008 | Hits: 2

Nadia Khalil Vs. Rudess Karim, 2008, 37 CLC (HCD)

.... However, there shall be no order as to costs. Let a copy of the judgment be sent down to the courts below at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 599.  ......s not entitled to get the custody of Radyna Karim and as she has developed illicit connection with one Rajeeb Samdani and re­siding in living together with him and there­fore she will have little interest to look after the welfare of the minor daughter for which the impugned order passed by the..

Category: Family Law | Date: 17 Jun, 2008 | Hits: 19

A.B.M. Khaliquzzaman and others Vs. United Commercial Bank Ltd. and others, 2008, 37 CLC (HCD)

....ng up of this Order and to report the compliance thereof within 1(one) week thereafter. There is no order as to costs. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 635. ......e or the other of the laws, that is the Act and the 1999 Act read with the 2003 Regulations may be interpreted to take precedence in application and effect over the other to beneficially secure the interests of most of the Petitioners in Matter Nos.1, 10 and 11 of 2008. Mr. Mahmud submits that t..

Category: Company Law | Date: 11 Jun, 2008 | Hits: 43

Haji Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)

....ed. No order as to costs. The Rule issued in Writ Petition No.3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 7. ......ng of trucks within the area of their godowns. After extensive search, the petitioner found out the land measuring an area of 1.41 acres in that area. A total of 119 members of the Association became interested in purchasing land in their own names but to use that land jointly for the business. The ..

Category: Property Law | Date: 8 Jun, 2008 | Hits: 11

Mannan alias Mannan Khan (Md.) Vs. State, 2008, 37 CLC (HCD)

....f the petitioner. Send down the records of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 863. ......xcept P.W.1 there is no other evidence to support the prosecution case. Where the evidence of P.W.1, forms the only witness on which the Court has to act upon, it is abso­lutely necessary for the interest of justice that at least his statement must be in conformity with the probability. In a cas..

Category: Criminal Law | Date: 4 Jun, 2008 | Hits: 2

Md. Mannan Alias Mannan Khan Vs. State, 2008, 37 CLC (HCD)

....e petitioner. Send down the records, of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 664. ......xcept P.W.1 there is no other evi­dence to support the prosecution case. Where the evidence of P.W.1, forms the only witness on which the Court has to act upon, it is absolutely necessary for the interest of justice that at least his statement must be in conformity with the probability. In a ca..

Category: Criminal Law | Date: 4 Jun, 2008 | Hits: 3

Abul Kashem-al-Asad Vs. Abdul Muhib and others, 2008, 37 CLC (HCD)

....rt of Joint District Judge Second Court, Sylhet is rejected. No order as to costs. Communicate the order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 502. ...... in the suit land to the extent of ⅛ th share from two plots being No. 7080 and 7102 of Chhapa Khatian No. 3159 (ছাপা খতিয়ান) through one Abdus Sobhan as their predecessor-in-interest on declaration of their title. In the said suit the present petitioner appeared and filed ..

Category: Procedural Law | Date: 28 May, 2008 | Hits: 5

Zakir Hossain and another Vs. Md. Yousuf Kabir and others, 2008, 37 CLC (HCD)

....s con­firmed. There will be no order as to costs. Send down the lower court's record immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 347.   ......rdian took over the possession of the transferred land. Thus the plaintiffs being the 16 annas owners of the suit property have been in peaceful possession thereof. Defendants having no right, title, interest and possession in the suit property by resorting to various tactics created forged pa­p..

Category: Property Law | Date: 13 May, 2008 | Hits: 5

Shrimp and Fish Processing Plant Ltd. Vs. National Bank Limited and others, 2008, 37 CLC (HCD)

....he order of stay granted earlier by this Court stands vacated. Communicate the order to the Adalat concerned at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 503. ...... 2002 in the 1st Ar­tha Rin Adalat, Chittagong against the defen­dant-petitioner named Shrimp and Fish Processing Plant Ltd. for realisation of its outstanding dues totaling Tk. 78,59,681.37 with interest at the rate of 16% interest till the date of realisation. 3. The petitioner as sole ..

Category: Procedural Law | Date: 4 May, 2008 | Hits: 9

M. Shafuqul Alam and others Vs. Qazi Rafiq Ahmed and others, 2006, 35 CLC (HCD)

....ed. Communicate the order at once to the Court of learned Senior Assistant Judge, Sylhet for his information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 476. ......rea, Dhaka-1000. She further submits that the plaintiff-opposite party is also an inhabitant of Satkhira town which is far away from Sylhet and thus for the convenience of both the parties and in the interest of justice the suit may be transferred to the judgeship under district Dhaka otherwise the ..

Category: Procedural Law | Date: 12 Apr, 2008 | Hits: 40

Bangladesh Institute of Planners Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)

....nner in the department. Considering the facts and circumstances of the case, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 494. ......business of physical planning in all its branches throughout Bangladesh and also to promote efficiency in the planning pro­fession and practice and, as such, the Institute of Planners has sufficient interest to see and ensure that qualified persons are being appointed by the Government to work as p..

Category: Civil Law | Date: 6 Apr, 2008 | Hits: 49

Sefina Ferdousi @ Shimla and another Vs. Jaohar Kabir and others, 2008, 37 CLC (HCD)

....wer Court's Record to the Courts below at once. Communicate the judgment to the Courts below immediately. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 434; 61 DLR (HCD) (2009) 86. ......belongs to the father. ……………………………(24) The law of the custody is not concerned with protecting "proprietary" right asserted by the father over the children, but with the best interests and welfare of the children. The custody should not be given to the undeserving mother to ..

Category: Women and Children | Date: 3 Feb, 2008 | Hits: 142

Abdul Latif (Md.) Vs. Mohammad Ali, 2008, 37 CLC (HCD)

....rts below stand maintained. 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: 61 DLR (HCD) (2009) 804. ......resent Partition Suit although possession in a suit for Partition is very much material, which ought to have been decided by framing and discussing issues. He also submits that all the persons having interest of title in the suit property were not brought on record for the proper adjudication of the..

Category: Property Law | Date: 28 Jan, 2008 | Hits: 31

Ilias (Md.) Vs. Md. Zahed Chowdhury (Paban), 2008, 37 CLC (HCD)

....he Court order in filing the documents as relied upon by the plaintiffs in the plaint. There will be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 76. ......s. It is also apparent that the learned Subordinate Judge gave unwanted naked latitude to the plaintiffs to flout his repeated orders by giving them time to file the documents to the detriment of the interest of the defendants and thus to dispense even-handed justice to the parties to the suit and s..

Category: Procedural Law | Date: 28 Jan, 2008 | Hits: 210

Sultana Hashem Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)

....haka now detained in Dhaka Central Jail, be set at liberty at once, if not wanted in connection with any other case or cases. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 668. ......Act of 1974 being a special law provides a measure of preventive detention. Obviously the Government has the right to detain any citizen which the Government may deem fit and proper for the public interest as well as for the protection of the law and order situation. But it is to be borne in the..

Category: Criminal Law | Date: 21 Jan, 2008 | Hits: 10

Md. Amin-Ullah, Advocate and another Vs. Bangladesh and others, 2008, 37 CLC (HCD)

.... rule is discharged without any order as to cost. The order of injunction granted at the time of issuance of the rule stands vacated. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 264. ......I" to the writ petition submits that the grievances raised in this writ petition involved breach of the constitutional obligations and statutory duties of the respondent Nos.1-4 with regard to public interest but the respondent No.3 (Chairman of Rajdhani Unnayan Katripakkha) most illegally did not t..

Category: Property Law | Date: 9 Jan, 2008 | Hits: 20