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Monir Hossain (Md.) and anothers Vs. Bangladesh and others, 2010, 39 CLC (AD)
....osition. The case of the Government is that under the Rules of Business, the appointing authority has full power either to accept or to reject the recommendation of the PSC and in support of its claim it has mentioned the Establishment Division's Memorandum dated 21st June, 1972. ......nsparent. The High Court Division observed that the posts were competitive and prized one and in such competitive examination "Transparency in the recruitment process was also necessary not only for the service but also for the Commission in order to maintain the public confidence in such const......No.2081 of 2008. The petition is accordingly dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 41, VIII ADC (2011) 404, 8 LG (AD) (2011) 141, 16 MLR (AD) (2011) 245. ..Category: Employment/Service Law | Date: 11 Jul, 2010 | Hits: 104
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. ...... 1990 has ousted jurisdiction of all courts and authorities to challenge Judgment and Order of Artha Rin Adalat. But under section 7 of Artha Rin Adalat Ain, 1990 appeal can be preferred against the aforesaid Judgment and order. For preferring appeal 50% of the decretal amount must be deposited. Sec......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. ..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 . ......endant-Appellants Vs. AKM Zakir Hossain and another………………………Respondents Judgment May 12, 2010. Result: The appeal is allowed. In a suit for specific performance of a contract, the prime consideration is the bainapatra i.e. the agreemen......and measured at 30 decimals per bigha, rate of which was at Taka 4,50,000 per bigha and received Taka 10,00,000 (Ten lakh) by cheque No.15588 dated 21-11-1996 and he gave a signed receipt of the said money. Later on, on the back side of said bainapatra, he acknowledge further receipt of Taka 20 la..Category: Property Law | Date: 12 May, 2010 | Hits: 133
Nazma Sarwar and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
.... Surrender before the court and fugitive from justice The principle of criminal jurisprudence is that the person concerned should submit to the process of justice before he can claim the right of audience provided in law as well as the judicial convention, which is very much ......y of home Affairs, Bangladesh Secretariat, Ramna Dhaka and others...................Respondents Judgment May 6, 2010. Result: The Rule is discharged. Surrender before the court and fugitive from justice The principle of criminal jurisprudence is that the p......opy of this judgment be transmitted to the Court concerned at once. SM Emdadul Hoque J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 359; 17 MLR (HCD) (2012) 412. ..Category: Procedural Law | Date: 6 May, 2010 | Hits: 109
Amina Khatun and others Vs. State and others, 2010, 39 CLC (HCD)
....ase of Dayal Chandra Mondal Vs. Assistant Custodian of Vested and Non-Resident Properties (L&B) and Additional Deputy Commissioner (Revenue), Dhaka, 50 DLR 186 wherein it has been held that, 'claim by the Government or by the vested property authority that a certain property is a vested prop......after 1969. It can be relied upon the case of Government of Bangladesh Vs. Paresh Chandra Gharani, 50 DLR(AD) 70 wherein it has been held that when the Government failed to prove the legal foundation for enlisting the suit property in the census report of the vested property and the plaintiffs led s......ment we can safely be concluded that the property has been enlisted in census list for obvious reasons to harass the real owners who purchased the property from the actual owners by their hard earned money which cannot be taken away by a stroke of pen by the Government without any basic foundation s..Category: Property Law | Date: 26 Apr, 2010 | Hits: 9
Abu Borhan Khan Khokon Vs. The State & another, 2010, 39 CLC (HCD)
.... The order of stay granted earlier shall stands vacated. Send a copy of this judgment to the Court concerned for compliance. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 300.......: None appears - For the Petitioner. Nizamul Haque Nazim, Assistant Attorney General - For the State. Criminal Miscellaneous Case No. 14286 of 2007 (An Application u/s 561A Cr.P.C for quashment of proceedings u/s 138 of the Negotiable Instruments Act, 1881 in session case No. 161......ws: "138. Dishonour of cheque for insufficiency, etc. of funds in the account. - (1) Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account is returned by the bank unpaid, either because of t..Category: Banking Law | Date: 25 Apr, 2010 | Hits: 177
Kazi Md. Abdul Basit Vs. State, 2010, 39 CLC (HCD)
....se of his duty though it may be sufficient under the former. So the scope under Section 64(3) of the K.P. Act is much narrower than the amplitude of Section 197(1) of the Code for a public servant to claim protection." 12. In order to invoke Section 197 of the Cr.P.C. two conditions must b......; Amrik Singh Vs. State of Pepsu, AIR 1955 SC 309 Lawyers Involved: Jaynul Abedin, Advocate-On-Record-For the Petitioner. None Represented-For the Respondent. Criminal Petition for Leave to Appeal No. 293 of 2009. (From the judgment and order dated 10.02.2009 passed by th......r arrived at a correct decision which does not require any interference by this Court. Accordingly, the leave petition is dismissed. This Case is also Reported in: 17 MLR (AD) (2012) 219. ..Category: Criminal Law | Date: 13 Apr, 2010 | Hits: 119
Sayeda Nasima Sarwar Vs. Government of Bangladesh, 2010, 39 CLC (HCD)
....port from the case of Mahmud Hossain, where it was held: "Cardinal principle of the criminal jurisprudence is that the person concerned should submit to the process of justice before he can claim the right of audience provided in law as well as the judicial convention, which is very much e...... has in respect of their prima-facie satisfaction about the petitioner's involvement in aiding and abetting the principal accused may only be seen by the trial Court when the evidence is placed before it. At that stage the petitioner will have the opportunity to challenge the evidence produced b...... 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
....dvocate, appearing for the petitioners submitted that the High Court Division failed to appreciate that the writ-petitioners were appointed on ad-hoc basis temporarily and as a matter of right cannot claim to be regularize in the service as they were not selected for interview for regular appoint&sh......tioners.
A.F.M. Mesbahuddin Ahmed, Senior Advocate instructed by Md. Mazibar Rahman, Advocate-on-Record-For Respondent No.5.
Not represented- Respondent Nos.1-4 and 6-9.
Civil Petition for Leave to Appeal No.267 of 2010.
(From the judgment and order dated the 23rd day of November......are also permitted to file important documents by way of additional paper books at the time of hearing of the appeal, if so desire.
Ed.
This Case is also Reported in: VII ADC (2010) 1008.
..
Category: Employment/Service Law | Date: 22 Mar, 2010 | Hits: 92
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. ......petitioners in availing Bank facilities pursuant to the alleged CIB Embargo noted as B-code 2614 and B-code 2615 imposed on 30-06-1998 in the ledger of CIB, Bangladesh Bank. 2. Relevant facts for disposal of the Rule, in short, are that the petitioners are the citizens of Bangladesh and the......he allegations that they are defaulter, and their bank furnished false information to the Bangladesh Bank that they are defaulter. The names of the petitioners have already been struck out from the money suits of the Respondent No.6 which has been disposed of by setting the liabilities. So the pe..Category: Civil Law | Date: 16 Mar, 2010 | Hits: 7
Abdur Rouf Chowdhury (Md.) Vs. Mirza Shahabuddin Ispahani and others, 2010, 39 CLC (HCD)
.... execution of the agreement and if the defendant paid the said money by that date, thereupon be entitled to received one or more registered deeds of sale duly executed by the plaintiff. The plaintiff claimed that time was essence of the contract and it was fixed on 14-9-1993 as the date for payment ......nce came into existence some time after the disposal of the suit, the appellate Court would be justified in admitting the additional evidence even at the appellate stage, if the Court thinks that but for the additional evidence there would remain some inherent lacuna and defect in the evidence made ......t dated 15-6-1993 in between the plaintiff and defendant No.1-3 being deed No.6944 for the year of 1993 registered in the office of the Sub-Registrar, Gulshan, Dhaka, stands cancelled and the earnest money paid thereunder has been lawfully forfeited, and direct defendant No.15-6-1993 in his office. ..Category: Procedural Law | Date: 10 Mar, 2010 | Hits: 13
Sheikh Hasina Wazed Vs. Government of Bangladesh, 2010, 39 CLC (HCD)
....e learned Court below acted without lawful authority by framing charge, notwithstanding the Petitioner’s absence from the Court at the relevant time. The second leg of attack was erected on the claim that neither the FIR, nor does the charge sheet, disclose any offence known to any penal law o......ed in: ......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
Dr. Md. Nazimuddin and others Vs. Md. Abdur Rahman Siddique and others, 2010, 39 CLC (HCD)
.... rule 95 of the Code of Civil Procedure which runs thus:- "95. Where the immovable property sold is in the occupancy of the judgment-debtor or of some person on his behalf or of some person claiming under a title created by the judgment-debtor subsequently to the attachment of such proper...... The General Clauses Act, 1897 (Act No. X of 1897); section 5 Whether the Bankruptcy Act, 1997 is a retrospective legislation? The purpose of promulgation of the Bankruptcy Act was only for easy disposal of loan cases between financial institution granting loan and the loanee. After p...... the order sheets of Execution Case No.3 of 1990 as well as the execution application it appears that a title suit was instituted in 1989 and that was decreed on contest. The trial Court allowed a money decree and that decree was appealed before this Court and the judgment debtors were the appel..Category: Civil Law | Date: 25 Feb, 2010 | Hits: 7
Mosammat Rehana Akhter Vs. Rizia Begum and others, 2010, 39 CLC (HCD)
....e name of Foyez Ahmed was wrongly recorded in B.S. khatian No.1196; that the P.S. and B.S. recorded tenant Jobeda Khatun sold out 12 decimals land on 23.11.1981 to Kabir Ahmed but the preemptor never claimed that and while the said Fakir Ahmed sold out the same to the pre-emptee-opposite party, then...... pre-emptor opposite party No.1 filed Preemption Miscellaneous Case No.5 of 2002 in the Court of Assistant Judge, Mirsarai Sadar, Chittagong, under section 96 of the State Acquisition and Tenancy Act for preemption of the case land, stating, in short that the total land under B.S. khatian No.1196 be...... dag No.958 covered 18 decimals; that thereafter the P.S. and B.S. recorded tenant Jobeda Khatun on 23.11.1981 sold out the case land to Fakir Ahmed; that thereafter said Fakir Ahmed being in need of money urgently requested the preemptor to purchase the land in question but she refused to purchase ..Category: Property Law | Date: 13 Jan, 2010 | Hits: 56
....DIT (now RAJUK) for
constructing building. The plaintiff No.1 sold .4993 acre of land to others and
the rest .1407 acres of land has been owning and possessing by the plaintiff.
The defendant No.1 claiming that he has acquired the suit land from the
defendant No.3 by way of Heva and soon he woul......dul Jabbar being dead his heirs Md.
Nurul Amin and others………………………Opposite Party
Judgment
January 6, 2010.
Result:
The rule is discharged.
In a suit for declaration of title and recovery of possession, the plaintiff
must prove his title to and poss......h acquired
89 decimal land from the plot No.138 by L.A. Case No.159/61-62 Award was
prepared in the name of Chandraban, and the plaintiff No.1 and his brother
Abdul Karim withdrew the compensation money. Chandraban sold 35 decimals of
land from the plot No.590 to Mather Box and others on 01.09.4..
Category: Property Law | Date: 6 Jan, 2010 | Hits: 8
Nuvista Pharma Limited Vs. Chairman, National Board of Revenue & ors, 2010, 39 CLC (AD)
....nd order dated 27-10-2010 passed by a Division Bench of the High Court Division in Writ Petition No.4968 of 2007 discharging the Rule with a direction to the petitioner to make full payment of the claimed amount within two weeks from the date of receipt of the judgment and order failing which th......by Md. Wahidullah, Advocate-on-Record—For the Petitioner. Murad Reza, Additional Attorney General, instructed bv B. Hossain, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No.2592 of 2010. (From the judgment and order dated 27.10.2010 passed by t......der. In the premises we do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 302. ..Category: Business or Commercial Law | Date: 4 Jan, 2010 | Hits: 4
Paresh Chandra Biswas Vs. Sree Sree Shashan Kalimata Idol and others, 2009, 38 CLC (HCD)
....39;s mode of celebration of pujas is entitled to institute a suit to remove the Shebait, if it is found that the Shebait is acting against the interest of the deity's property. 2. Plaintiffs claimed that from before the settlement operation, the villagers of Gandina Hindu Community establis......e deity on earth and is endowed with authority to deal with all its temporal affairs. In a Hindu religious endowment, the entire ownership of the dedicated property vests in the trustee, who holds it for the benefit of Cestui Que trust. The entire ownership of the dedicated property is transferred t......onceivable that an unscrupulous Shebait, anxious to seize a particular portion of the debuttor estate for his personal use, might, notwithstanding ample funds at his disposal, be encouraged to borrow money in the character of Shebait, allow a decree to be passed against him, acquiesce in the consequ..Category: Others, Property Law | Date: 16 Dec, 2009 | Hits: 94
Md. Jubayer Vs. State and others, 2009, 38 CLC (HCD)
....der be sent to the Court concerned at once for information. Afzal Hossain Ahmed, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 343; 15 MLR (HCD) (2010) 424 . ......ions 138 & 141 In order to make person liable under section 138, the payee of the cheque has to give a notice in writing to the drawer of the cheque within thirty days of the receipt of information by him from the Bank regarding the return of the cheque as unpaid. The drawer of the cheq......………………..(14) The cause of action for prosecution arises under section 138 (1)(c) of the Negotiable Instruments Act on the failure of the drawer of the cheque to make payment of the money mentioned in the cheque within thirty days of the receipt of the notice from the payee or, a..Category: Criminal Law | Date: 9 Nov, 2009 | Hits: 128
Md. Rezaul Kabir Vs. State and another, 2009, 38 CLC (HCD)
.....01.2009, an application under section 265C of the Code of Criminal Procedure was filed before the learned Special Judge and Session Judge, Mymensingh, on behalf of the accused-petitioner, wherein he claimed himself absolutely innocent and also claimed that in this case he has been made a victim of ......sion Rules, 2007…………………(14) Interpretation of statute When a statute requires that something shall be done or done in a particular manner or form, without expressly declaring what shall be the consequence of non-compliance, is the requiremen......ch the Joint Forces laid trap for catching hold of the said Upazila Nirbahi Officer, Md. Rezaul Kabir red-handed and, accordingly, caught hold of him red handed while he was taking the said amount of money, as bribe, from the witness No.1 Md. Mosharraf Hossain. The Joint Forces also recovered anothe..Category: Anti-Corruption Laws | Date: 11 Oct, 2009 | Hits: 10
Abdul Latif alias Kahinur alias Kahin and other Vs. State, 2009, 38 CLC (HCD)
....Md. Khasruzzaman, the learned Deputy Attorney General appearing on behalf of the State admits that in the present case the conviction is based on the evidence of a solitary witness, that is P.W.1 who claims to be the victim of the occurrence although she herself admitted before the Court, while bein......ation of rape, where there is no independent eye witness and the only evidence is that of the prosecutrix herself and of those to whom it was reported, the Courts are not left with any objective test for gauging the truth of the story of the prosecutrix. In a case of this kind, it is very necessary ......ri-o-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995 and sentencing them to suffer imprisonment for life. 2. The prosecution case in short is that informant Kanchoni Bala in order to recover her loan money from a co-villager went to their house and while returning from there she was surrounded by th..Category: Women and Children | Date: 6 Oct, 2009 | Hits: 116
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