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Mosammat Rehana Akhter Vs. Rizia Begum and others, 2010, 39 CLC (HCD)

....L.C. Records. The order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 422. ......ission that in a preemption proceeding this kind of question about correctness of the khatian and correctness of the mutation proceeding and other similar maters can be considered has referred to the decision in the case of Kutu Chand Miah Vs. Rabindra Kumar Deb and others reported in 22 DLR 29 and ..

Category: Property Law | Date: 13 Jan, 2010 | Hits: 56

Farida Begum Minu and others Vs. Abdul Jabbar being dead his heirs Md. Nurul Amin and others, 2010, 39 CLC (HCD)

....he order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 424. ......his question of limitation at all, and a s such committed error in decreeing the suit and dismissing the appeal. The learned Advocate for the petitioner in support of his submission referred to the decision reported in 2 BLC (AD) 134 and 4 BLC 310 wherein it has been held that in a suit for recov..

Category: Property Law | Date: 6 Jan, 2010 | Hits: 8

Nuvista Pharma Limited Vs. Chairman, National Board of Revenue & ors, 2010, 39 CLC (AD)

....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. ............Respondents Judgment January 4, 2010. Result: The leave petition is dismissed. Cases Referred to- Injunction on the Bank Guarantee cannot sustain in view of the decision of the Uttara Bank Vs. Macneill & Kilburn, 33 DLR (AD) 298. Lawyers Involved: ..

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)

....he result, the appeal is dismissed with costs. The connected Rule is discharged. Send down the lower Court records at once. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 679. ...... another in order to enable him to take steps to recover the property, such a procedure will be rather prolonged and a complicated one and the interest of the idol may irreparably suffer? That is why decisions have permitted a worshipper in such circumstances to represent the idol and to recover the..

Category: Others, Property Law | Date: 16 Dec, 2009 | Hits: 94

Nirmal Chandra Shaha Vs. The State and others, 2009, 38 CLC (HCD)

....liance to the Registrar of this Court. With the above directions and observations, the appeal is allowed. Naima Haider J. - I agree. This Case is also Reported in: 30 BLD (HCD) (2010) 584. ......ubmits that the wishes of the girl have no relevance so far as it relates to the custody of a minor as has been decided in several cases by our Appellate Division. In this regard he has mentioned the decision in the case of Abdul Majid Sarker (Md.) Vs. State and others, 55 DLR (AD) 1, where it was d..

Category: Women and Children | Date: 14 Dec, 2009 | Hits: 150

Government of Bangladesh Vs. Syed Md. Belayet Hossain, 2009, 38 CLC (HCD)

....ng and accordingly the above judgment and order of the High Court Division does not call for any interference. The petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 512. ......PO Scheme as Principal of the said College but the respondent No.2 kept the matter pending and ultimately vide Memo No. ৭জি/৫২৭(ক-৩/০৫/১৪৫৫৯/ক-৩ dated10.10.2006 gave decision in the negative with an endorsement that অধ্যক্ষ হিসাবে নিয়..

Category: Employment/Service Law | Date: 10 Dec, 2009 | Hits: 159

Md. Saiful Islam and others Vs. State and another, 2009, 38 CLC (HCD)

.... 2000 pending in the Nari-O-Shishu Nirjatan Daman Tribunal, Sirajgonj is hereby quashed. Communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 420. ......the proceeding of this case is abuse of the process of this Court and accordingly it is liable to be quashed. In support of his contention the learned Advocate for the accused-petitioners referred decisions in the case of Abul Kashem Khan Vs. the State reported in 56 DLR 435 and in the case of ..

Category: Women and Children | Date: 8 Dec, 2009 | Hits: 14

Rezaul Kabir (Md.) and another Vs. Bangladesh and others, 2009, 38 CLC (HCD)

....ave been passed without any law­ful authority and is of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 19   ......City Corporation, by filing Affidavit-in-Opposition denying the materi­al allegations. It has been stated that the then Mayor of the said City Corporation was not empowered/authorized to take any decision to recruit employees since the organogram for the City Corporation was not approved by the ..

Category: Administrative Law, Employment/Service Law | Date: 22 Nov, 2009 | Hits: 3

Human Right and Peace for Bangladesh (HRPB) and another Vs. The Mayor, Dhaka City Corporation and others, 2009, 38 CLC (HCD)

....onstruct a boundary wall which has been demolished by the contractor within such period. Stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: ......ction word to facilitate the public to ply their vehicle through the graveyard. Moreover, religious sentiment also does not allow doing the same for which Municipal Corporation had to review their decision and have stopped the work on 18.06.2006. 5. On the other hand, Mr. Hasnat Quayum, the ..

Category: Constitutional Law | Date: 17 Nov, 2009 | Hits: 6

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 . ......nd violative of the mandatory provi­sions of clause (c) of the proviso to the sub­section (1) of Section 138 and clause (b) of Section 141 of the Negotiable Instruments Act, 1881 and in view of the decision in the case of Kanchana Kamalnathan Vs. Nagaraj reported in (1996) 84 Company Cases 959 Mad..

Category: Criminal Law | Date: 9 Nov, 2009 | Hits: 128

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       ......shy;cation khatian for final publication in the settlement press under Rule 32 of the SA and T Rules, 1955. This is well settled as he submits. In support of his contentions he placed reliance on the decision of Romisa Khanam Vs. Bangladesh 61 DLR 18, (where one of us was a party), Md. Abtab Ali She..

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

Dr. Mir Jamal Uddin and others Vs. Dr. Nawzesh Farid and others, 2009, 38 CLC (AD)

....consideration. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 196, 15 BLC (AD) (2010) 161; VII ADC (2010) 560, 31 BLD (AD) (2011) 25. ......d valid as those were made against vacant posts. Secondly, the writ-petitioners who participated in the selection process of the PSC cannot be termed as deprived and are not entitled to challenge the decision of the PSC when they were not selected, thirdly, the plea of non-identification of the natu..

Category: Employment/Service Law | Date: 14 Oct, 2009 | Hits: 118

Md. Rezaul Kabir Vs. State and another, 2009, 38 CLC (HCD)

....py of this judgment and order be sent to the Special Judge and Sessions Judge, Mymensingh for information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 482. ......i-Corruption Commission Rules, 2007 are construed to be mandatory. 25. Mr. Subrata Saha, the learned Advocate appearing for the accused-petitioner, in appreciation of his submission, has cited a decision in the case of Abdur Rashid Vs. the State reported in 60 DLR ( HCD) (2008) 629 wherein it h..

Category: Anti-Corruption Laws | Date: 11 Oct, 2009 | Hits: 10

State Vs. Secretary, Ministry of Law, Justice & Parliamentary Affairs and others, 2009, 38 CLC (HCD)

.... interests of the child (art.3), the right to life, survival and development (art.6) and respect for the views of the child (art.12). It is deeply concerned at the lack of conformity between existing legislative provisions and the Convention with respect to the various age limits set by law, the lac......e year, 2006, no effective progress has been made by way of amending the law or implementing the provisions of the CRC. She also pointed out that there have been directions given in a number of other decisions of this Court to properly implement the provisions of the Children Act. In particular, she..

Category: Women and Children | Date: 3 Sep, 2009 | Hits: 198

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. ......s on record the Courts below allowing preemption have committed error of law and thereby, judgments are liable to be set aside. 11. Mr. Neaz Mohammad to support his contention has referred to decision in the case of Halima Begum and others Vs. Syed Ahmed and others reported in 21 DLR 854, ..

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 ......ernment also did not rec­ognize the plaintiffs as their employee. None of the witness states a single word in the suit that the plain­tiffs are the employee of Rally Brothers. 16. In the decision of Suruj Mai Vs. Babu Lola, AIR 1985 Delhi 96 referred by the learned Judge in his judgment..

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

Sheikh Mashuk Rahman Vs. State and another, 2009, 38 CLC (HCD)

....ult the Rule is discharged. The order of stay granted earlier by this court is hereby vacated. Communicate the order. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 28. ......es not merit consideration as the same do not bar launching a prosecution under section 138 of the NI Act. In support of his contention, the learned Advocate for the opposite party No. 2, has cited a decision, reported in 60 DLR (AD) 195, Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan and others. ..

Category: Banking Law | Date: 16 Aug, 2009 | Hits: 190

Sree Ashish Kumar Shaha Roy Vs. Al-Haj Md. Wasidul Islam and others, 2009, 38 CLC (AD)

.... 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. ......ntiff preferred Other Appeal No.82 of 2006 before the learned District Judge, Mymenshing. The learned Joint District Judge, Second  Court, Mymenshing who heard the said appeal concurred with the decision of the trial court on all the issues and thereby found that the plaintiffs failed to prove ..

Category: Property Law | Date: 23 Jul, 2009 | Hits: 6

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. ......3. Mr. Karim drew our attention to sections 3 and 5 of the said Act to impress upon us how the Commission is constituted. Mr. Karim also took up sections 14 and 15 of the said Act submitting that the decision of the Commission shall be taken at least in the presence of two Commissioners, inasmuch as..

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. ...... Appellate Division. The main contention of the petitioners is that the decree of the previous Partition Suit No.3 of 1953 being not legally considered by the Courts below there has been error in the decision. On query the learned Counsel failed to substantiate that the moot point raised by him now ..

Category: Evidence Law | Date: 25 Jun, 2009 | Hits: 42