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Shamsul Hossain Vs. Anwar Hossain and others, 2009, 38 CLC (HCD)
....edule property was posted under the Jute Corporation. Jute Corporation took up management and control of the property and obtained decree against Rally Brothers and execution of the decree got kabala registered through Court. Government by ordinance No.24 of 1993 dismantle/abolish the Jute Corporati......try of Jute and Textile Corporation as acquired property Cell (Rally) Special Property (jute) along with other properties. After installation of Bangladesh Jute Corporation, the schedule property was posted under the Jute Corporation. Jute Corporation took up management and control of the property a......ents Judgment August 20, 2009. Result: The Appeals are allowed. Cases Referred to- Suruj Mai Vs. Babu Lola, AIR 1985 Delhi 96;Hazera Begum Vs. Rowshan Ara Begum, 39 DLR (AD) 22; Lawyers Involved: MA Azim Khair, Advocate—For the Appellant (In First Appeal..Category: Property Law | Date: 20 Aug, 2009 | Hits: 3
Sheikh Mashuk Rahman Vs. State and another, 2009, 38 CLC (HCD)
....ufficient fund'. That an undertaking was signed by the accused on 12-7-05 in writing in respect of payment of outstanding dues; That the complainant served legal notice on 15-8-05 upon the accused by registered post but he did not pay the money. Hence this case filed under sections 138 and 140 of th......und'. That an undertaking was signed by the accused on 12-7-05 in writing in respect of payment of outstanding dues; That the complainant served legal notice on 15-8-05 upon the accused by registered post but he did not pay the money. Hence this case filed under sections 138 and 140 of the Negotiabl......ioner Vs. State and another……............Opposite Parties Judgment August 16, 2009. Cases Referred To- Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan and others, 60 DLR (AD)195; SW Palanitkar Vs. State of Bihar, 2002 SCC (Cri) 129. Lawyers Involved: Md. Abul H..Category: Banking Law | Date: 16 Aug, 2009 | Hits: 190
Shafiullah Chowdhury and others Vs. State, 2009, 38 CLC (HCD)
.... on 29.1.2004 paid Tk. 2 crores in total as earnest money out of the consideration money in cash, by cheques and pay orders. Subsequently, the accused petitioner No.1 being of old age executed and registered an irrevocable power of attorney on 25.5.2000 infavour of the complainant for maintenanc......the First Information Report and the charge sheet or the petition of complaint do not constitute any criminal offence. A criminal proceeding can be quashed even at initial stage when the fact is preposterous or if it appears from reading the First Information Report and the charge sheet or the p......f it discloses a civil case e.g. non execution and registration of sale deed of a case land……………………………(9) Case Referred to- Akamuddin Ahmed Vs. The State, 27 DLR (AD) 175; Abdul Karim Vs. Shamsul Alam, 45 DLR 578; AHS Rahman Vs. State, 58 DLR (AD) 63; Shamol Ch..Category: Procedural Law | Date: 12 Aug, 2009 | Hits: 8
Sree Ashish Kumar Shaha Roy Vs. Al-Haj Md. Wasidul Islam and others, 2009, 38 CLC (AD)
.... Judge, Sadar, Mymenshing impleading the respondents as defendants praying for declaration of title to the suit land and for recovery of khas possession therein and for a further declaration that the registered deed of gift in favour of Minoti Bala by the donor Gagon Chandra Sana Roy as well as the ...... therefore find any substance in any of the submissions of the learned Counsel for the petitioner. This petition is accordingly dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 13. ......land. We do not therefore find any substance in any of the submissions of the learned Counsel for the petitioner. This petition is accordingly dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 13. ..Category: Property Law | Date: 23 Jul, 2009 | Hits: 6
Dr. Mohiuddin Khan Alamgir Vs. ACC and another, 2009, 38 CLC (HCD)
....rty. Dr. Mohiuddin Khan Alamgir donated 94 decimals of land in favour of a High School. 73. P.W. 24 is Sheikh Md. Anowarul Hoque, Sub-Registrar, Kachua, Chandpur. He sent a report containing the registered property of Dr. Alamgir, his wife and his sons which is Exhibit 19. In his cross-examinat......7 to 24-2-2007 has in special situation done any act or exercised any power consistent with the purpose of this Act where prior approval of the Commission is required the Commission may accord its ex-post-facto approval to such actions and powers so done and exercised. Mr. Karim to substantiate his ......her....................Respondents Judgment July 13, 2009. Result: The appeal is allowed. Cases Referred to- 17 DLR (SC) 181; AIR 1945 (FC) 16; AIR 1948 (PC) 82; 35 DLR (AD) 324; 49 DLR 418; 47 DLR 458; 27 DLR 433; 45 DLR 688; 35 DLR (AD) 91; AIR 1993 (SC) 313; AIR 1945..Category: Anti-Corruption Laws | Date: 13 Jul, 2009 | Hits: 286
Most. Abu Tara Vs. Md. Abdur Rahim Khan and others, 2009, 38 CLC (HCD)
.... rule is discharged without any order as to costs. Lower Courts records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 449. ...... rule is discharged without any order as to costs. Lower Courts records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 449. ......urrent or not arrived at by the lower appellate Court is final unless it is manifestly perverse.............(12) Cases Referred to- Mustari Bibi and others Vs. Md. Yusuf and others, 12 BLC (AD) 42; Ishaque (Md.) Vs. Ekramul Haque Chowdhury and others, 54 DLR (AD) 26; Khurshid Ali and other..Category: Evidence Law | Date: 25 Jun, 2009 | Hits: 42
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. ...... when there was dearth of qualified graduate Engineers in that case only a Sub-Assistant Engineer having obtained AMIE by prosecuting the studies with prior approval of the Board was appointed to the post of Assistant Engineer. The Writ-Petitioner joined the service on 25-8-1984 i.e. 2 years after t......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. ..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. ...... when there was dearth of qualified graduate Engineers in that case only a Sub-Assistant Engineer having obtained AMIE by prosecuting the studies with prior approval of the Board was appointed to the post of Assistant Engineer. The Writ-Petitioner joined the service on 25-8-1984 i.e. 2 years after t......have been passed without 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. ..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. ......oration, now Biman Bangladesh Airlines Limited hereinafter referred to as Cadet Pilot on 5-3-1992 his training he was appointed as First Officer F-28 on 14-6-1994 and thereafter promoted to various posts and was last serving as First Officer DC-10 the highest satisfaction of the Biman authority.......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. ..Category: Employment/Service Law | Date: 2 Jun, 2009 | Hits: 35
Sheikh Md. Nurul Haque Vs. State and another, 2009, 38 CLC (HCD)
....: (i) the cheque should have been presented to the bank within six months of its issue or within the period of its validity whichever is earlier; (ii) payee should have made a demand for payment by registered notice after the cheuqe is returned unpaid; and (iii) that the drawer should have failed ...... admit such receipt of notice. The case of the opposite party No.2 is that the legal notice under section 138 (1) (b) of the Negotiable Instruments act was issued on 03-05-2005 through registered post with AD; that it is presumed as per the provision of law that the said notice has been duly ser......dings under section 561A of the Code of Criminal Procedure liable to be quashed…………………………………(20) Cases Referred to- Ali Akkas Vs. Enayet Hossain and others, 17 BLD (AD) 44; Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 60 DLR (AD) 195. Lawyers Involved..Category: Banking Law | Date: 26 May, 2009 | Hits: 663
Bangladesh National Women Lawyers Association (BNWLA) Vs. Bangladesh and Others, 2009, 38 CLC (HCD)
....ublic or private sector, as the case may be. ii) In all other cases the Complaint Committee shall investigate the matter. iii) The Complaint Committee will have the power to send registered notice by mail to the parties and the witnesses, conduct hearing, gather evidence, an......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. ......ociation (BNWLA)...... the petitioner Vs. Government of Bangladesh and Others...... the respondents Judgment May 14, 2009. Cases Referred to- H.M. Ershad v. Bangladesh, 2001 BLD (AD) 69; Apparel Export Promotion Council v. Chopra, AIR 1999 SC 625; Micari V. Mann, 481 N.Y S. 2d 9..Category: Women and Children | Date: 14 May, 2009 | Hits: 330
Sirajul Islam (Md) Vs. Tauhid Uddin Ahmed & another, 2009, 38 CLC (HCD)
....ioner is abuse of the process and is liable to be quashed. 6. Mr. Yusuf Hossain Humayun, the learned Advocate for the opposite party No.1, on the other hand, submits that notice was served through registered post with AD which was not denied by the accused petitioner; that the accused petitioner ......use of the process and is liable to be quashed. 6. Mr. Yusuf Hossain Humayun, the learned Advocate for the opposite party No.1, on the other hand, submits that notice was served through registered post with AD which was not denied by the accused petitioner; that the accused petitioner did not rep......n Ahmed & another...................Opposite Parties Judgment May 4, 2009. Result: The Rule is discharged. Cases Referred to- Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan, 60 DLR (AD) 195; Satya Narayan Podder Vs. State, 53 DLR 403; Abdur Rahman Vs. Moklis Ali, 31 DLR (AD) 118; A..Category: Banking Law | Date: 4 May, 2009 | Hits: 280
Zahed Hossain (Md.) Vs. State and another, 2009, 38 CLC (HCD)
....Thereafter the opposite party No. 2 gave notice under section 138(1)(b) on 28-3-2006 to the accused-petitioner demanding payment of cheques amount of Taka 2,24,28,120 within 30 days of receipt by two registered post, one in the home address and another in the business address of the accord-petitione......the opposite party No. 2 gave notice under section 138(1)(b) on 28-3-2006 to the accused-petitioner demanding payment of cheques amount of Taka 2,24,28,120 within 30 days of receipt by two registered post, one in the home address and another in the business address of the accord-petitioner but the n......u (1995), 82 Comp Case 776 (Mad) Vol. 86, 943; Stalion Shocks Co (P) Ltd Vs. Auto Tensions (P) Ltd, Company Cases, Vol. 79, (Delhi High Court) 808; Nazimuddin Mahmood Vs. Abdul Hamid Bhuiyan, 60 DLR (AD) 195; Madan Mohan Vs. KM Menon [1993] 1 JCC 1; [1994] 79 Comp Cases 710; Ali Akkas Vs. Enayet Hos..Category: Procedural Law | Date: 29 Apr, 2009 | Hits: 135
Md. Alauddin Bepari Vs. Somola Khatoon & others, 2009, 38 CLC (HCD)
.... revisional application. 9. The point for determination in this Rule is whether the impugned Judgment and order in not rejecting the plaint is sustainable in law. 10. Admittedly, there was an unregistered deed of agreement for sale in respect of the suit properties between the plaintiff and th......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. ......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)
....e same date, the petitioners and other two allottees got possession of said plot. After receipt of the entire lease money, said respondent No.7 on behalf of the President of the Republic executed and registered a lease deed dated 22.02.1982 leasing out said land to the four allottees for 99 years. A......therefore, no substance, in the leave petition and the same is dismissed accordingly. Ed. Case is also Reported in: 14 MLR (AD) (2009) 235; 29 BLD (AD) (2009) 59; 14 BLC (AD) (2009) 109. ...... the learned judges made therein justifying our interference. We, therefore, no substance, in the leave petition and the same is dismissed accordingly. Ed. Case is also Reported in: 14 MLR (AD) (2009) 235; 29 BLD (AD) (2009) 59; 14 BLC (AD) (2009) 109. ..Category: Property Law | Date: 15 Apr, 2009 | Hits: 36
Md. Abdur Rashid & others Vs. Most. Amena Khatun and others, 2009, 38 CLC (HCD)
....rged, collusive, and not binding upon the plaintiffs. 3. Plaintiff Nos.1-5 are full brothers and the sole defendant is their sister and the plaintiff No.6 is their mother. The aforesaid two registered deeds are Heba-bil-ewaz deeds in respect of the suit land mentioned in the schedule to th...... is discharged, however, without any order as to costs. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 296. ......dents Judgment April 13, 2009. Result: The Rule is discharged. Cases Referred to- Guru Charan Mondal and others Vs. Sree Bhaba Sindhu Sarkar and others, 1 EX File Plus (AD) 73. Lawyers Involved: Sasti Sarker with Khandaker Nozrul Islam- For the Petitioners. ..Category: Property Law | Date: 13 Apr, 2009 | Hits: 2
....igh Court Division does not suffer from any illegality and we find no substance in this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: 18 BLT (AD) (2010) 275.
......llow the writ petitioner to join her office within 15 days on receiving the copy of the judgment and order.
2. The facts, in short, are that the respondent came to know about the vacancy for the post of Assistant Tax Collector in the Nawabganj Paurashava through newspaper advertisement. Having ......direction of the High Court Division does not suffer from any illegality and we find no substance in this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: 18 BLT (AD) (2010) 275.
..
Category: Others | Date: 13 Apr, 2009 | Hits: 125
Aysha Begum Vs. State, 2009, 38 CLC (HCD)
....tu alias Md. Muksed Bhuiyan for the offence punishable under section 7 of the Ain, 2000, the record of the case was sent to the learned Nari-o-Shishu Nirjatan Daman Tribunal, Narayanganj where it was registered as Nari-o-Shishu Case No. 545 of 2008. Subsequent events show that informant Aysha Begum ......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. ......estion validity of the order in this regard…………………………(13) Case Referred to- Mostafa Kamal Vs. State, 58 DLR 453; Jharna Rani Saha Vs. Khondaker Zayedul Hoque, 52 DLR (AD) 66; Abdul Majid Sarker Vs. State, 55 DLR (AD) 1. LawyersInvolved: Md. Faruk Hossein wi..Category: Women and Children | Date: 12 Mar, 2009 | Hits: 23
Advance Sweater Industry Ltd Vs. Mohiuzzaman Chowdhury and others, 2009, 38 CLC (HCD)
....though did not register the application as an independent miscellaneous proceeding. But it treated the proceeding as one under Order 21 Rule 89 C.P.C. and in that view of the matter, it ought to have registered an independent case number. At any event, in the appellate Court the learned District Jud......de absolute without any order as to costs. The impugned judgment and order of the learned Additional District Judge is set aside. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 16 ......de absolute without any order as to costs. The impugned judgment and order of the learned Additional District Judge is set aside. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 16 ..Category: Civil Law, Procedural Law | Date: 18 Feb, 2009 | Hits: 1
A. J. M. Helal & others Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....surrender their respective bail bond within 2 (two) months from date. Communicate this judgment at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 264. ......ner in Writ Petition No.5530 of 2008 took Tk.4, 00,000/- from the respondent No.4 as loan and later on, the complainant Md. Delwar Hossain respondent No.4, demanded the money when the petitioner gave post dated cheque amounting to Tk. 4, 00,000/- infavour of the respondent No.4 on 20.12.2004 and the......p;…………Respondents Judgment February 9, 2009. Result: The Rules are discharged. Cases Referred to- Md. Nur Islam Vs. Agrani Bank, 1 MLR (AD) 373; Anisur Rahman Vs. Bangladesh, 12 BLC 22; AHN Kabir Vs. Bangladesh, 13 BLC 686; Akhter ..Category: Corporate Law | Date: 9 Feb, 2009 | Hits: 5
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