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Agrani Bank Vs. Md. Abdul Khaleque & another, 2009, 38 CLC (HCD)
....dismissed, the judgment and the decree of the trial court is hereby set aside. Send down the L.C. record immediately. Md. Abu Tariq J.- I agree. Ed. This Case is also Reported in:......i Bank. He has also admitted that in pursuance of his prayer for remission of interest of loan the bank authority has remitted the entire penal interest along with 30% of the simple interest and this decision was informed to the Agrani Bank Bazar Branch by Memo dated 2.8.92 which has been marked as ..Category: Banking Law | Date: 23 Jun, 2009 | Hits: 153
Sree Pintoo Pal Vs. State, 2009, 38 CLC (HCD)
....orthwith if not wanted in connection with any other case. 46. Send down the L.C.R with a copy of the Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 220. ......l points does not prove the prosecution case and as such the impugned Judgment and order of conviction and sentence is unwarranted in the facts and circumstances of the case. 12. He cited the decisions in the case of Seraj Talukder Vs. State reported in 3 BLC 182 and the case of Shan Khan ..Category: Women and Children | Date: 22 Jun, 2009 | Hits: 9
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. ......50 for purchase of text books and necessary examination fees for the candidates only once for such examination. Assistant Technical Officers and Diploma holders should individually inform of this decision of the Authority by the wings concerned. 9. It appears from the circular providing tha..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. ......50 for purchase of text books and necessary examination fees for the candidates only once for such examination. Assistant Technical Officers and Diploma holders should individually inform of this decision of the Authority by the wings concerned. 9. It appears from the circular providing tha..Category: Employment/Service Law | Date: 3 Jun, 2009 | Hits: 3
Sheikh Md. Nurul Haque Vs. State and another, 2009, 38 CLC (HCD)
....ds vacated. Send a copy of this order to the Metropolitan Magistrate, Khulna for compliance. Md. Ataur Rahman Khan J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 162. ......the proceedings initiated against the petitioner when it proves that the alleged cheque has been issued by him and it was bounced from his bank. 19. In this connection we may profitably refers the decision in the case of Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan and another reported in 60 DLR (A..Category: Banking Law | Date: 26 May, 2009 | Hits: 663
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. ......d in 37 DLR 316 that “moving the High Court Division direct without approaching the Sessions Judge as provided in section 439A from the order passed by the Magistrate not valid". The above decision has lent support from the observations made by their Lordships of the Appellate Division in..Category: Procedural Law | Date: 19 May, 2009 | Hits: 1
Bangladesh National Women Lawyers Association (BNWLA) Vs. Bangladesh and Others, 2009, 38 CLC (HCD)
....h National Women Lawyers Association (BNWLA) was formed in 1979 by a group of women lawyers with an aim and objective to empower the women and children of their rights. 3. At present there are no legislative provisions to address sexual harassment of women and girl children and in the absence of......r Chief Justice of India and Former Chairman, National Human Rights Commission. 46. Mr. Alok Bhasin referred to a definition of sexual harassment at page Nos. 9 and 10, which was mentioned in the decision in the Canadian case of Canadian Pacific Ltd. and B.M.W.E. (Parker) as under: “While ..Category: Women and Children | Date: 14 May, 2009 | Hits: 330
State Vs. Anjali Debi alias Monju Debi, 2009, 38 CLC (HCD)
....ent to Begum Amirun Nesa, the then Judge of Nari-o-Shishu Nirjatan Daman Tribunal, Pabna, immediately at her present posting. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 738. ......aks that when there are two parallel laws, harsh law should not be applied to an accused as the accused has a right for fair trial which cannot be possible under harsh law. 24. In our unreported decision, i.e. in the case of Md. Abdul Latif alias Ruad Vs. State, Criminal Appeal No. 1687 of 1998..Category: Women and Children | Date: 5 May, 2009 | Hits: 75
Sirajul Islam (Md) Vs. Tauhid Uddin Ahmed & another, 2009, 38 CLC (HCD)
....ay granted earlier stands vacated. Send a copy of this order to Metropolitan Assistant Sessions Judge, Court, Dhaka for compliance. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 39. ...... the proceedings initiated against the petitioner when it proves that the alleged cheque has been issued by him and it was bounced from his bank. 17. In this connection we may profitably refer the decision in the case of Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan, reported in 60 DLR (AD) 195 wher..Category: Banking Law | Date: 4 May, 2009 | Hits: 280
Zahed Hossain (Md.) Vs. State and another, 2009, 38 CLC (HCD)
....t be quashed and the same may continue as well. I like to add the above few words in support of my learned brother and I agree. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 386. ......ng. Complainant issued a single notice for 8 (eight) dishonored cheques and initiated a single proceeding for which there is no definite cause of action filing the case. In this connection he cited a decision, in the case of Ahsan Habib Chowdhury Vs. Multidrive Ltd. reported in 14 BLC 66 and in the ..Category: Procedural Law | Date: 29 Apr, 2009 | Hits: 135
Md. Alauddin Bepari Vs. Somola Khatoon & others, 2009, 38 CLC (HCD)
....te for the petitioner submits that the aforesaid new Section 21A of the Act confers an express power couched in a negative form and negative words are clearly prohibitory and are ordinarily used as a legislative device to make a statute imperative. So, it is a mandatory provision of law that the pla......ney of the contract and the deficit Court fees without rejecting the plaint under Order 7 Rule 11 (d) of the Code of Civil Procedure and thereby committed an error of law resulting in an error in the decision occasioning failure of justice and as such the impugned Judgment and order is not sustainab..Category: Civil Law | Date: 21 Apr, 2009 | Hits: 91
Dr. M. A. Yahia Vs. Md. Abdul Quader and others, 2009, 38 CLC (AD)
....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 writ-petitioners filed the petition challenging the said cancellation. The added respondent No. 9 petitioner not being the officer of the National Housing Authority had no part to play for taking decision in the said cancellation. Hence the question of responsibility of respondent No.9 for cance..Category: Property Law | Date: 15 Apr, 2009 | Hits: 36
Md. Abdur Rashid & others Vs. Most. Amena Khatun and others, 2009, 38 CLC (HCD)
.... 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. ......e Court below without appreciating the evidence adduced by the plaintiffs most illegally allowed the appeal dismissing the suit and thereby committed an error of law resulting in an error in the decision occasioning failure of justice and as such the same is not sustainable in law. 10..Category: Property Law | Date: 13 Apr, 2009 | Hits: 2
Jaharlal Bandapadhya and others vs. Most. Begum Jahanara, 2009, 38 CLC (AD)
....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. ......ed that the High Court Division acted illegally in not holding that the plaintiff-respondent did not produce adequate and conclusive evidence in respect of framing of issues in the suit and its decision in upholding the judgment of the trial court has occasioned a failure of justice, which is ..Category: Property Law | Date: 13 Apr, 2009 | Hits: 74
Abdus Sahid @ Shahid & others Vs. Anowara Begum & others, 2009, 38 CLC (HCD)
....eipt of this order. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 394. ......r I hold that the respondents are entitled to contest the appeal even though service of summons on them had been dispensed with under the Court's order. This view also finds support from the decision in the case of Ahejuddin Molla Vs. Hanufa Bibi and others reported in 26 D.L.R. (1974)..Category: Property Law | Date: 9 Apr, 2009 | Hits: 2
Zahida Ahmed (Liza) Vs. Syed Noor Uddin Ahmed and another, 2009, 38 CLC (HCD)
....Article 3(1) of the Convention provides "In all actions concerning children, whether undertaken by public or private social welfare institution, Courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration." 16....... There is no order as to costs. Quamrul Islam Siddiqui J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 168, 29 BLD (HCD) (2009) 375, 14 MLR (HCD) (2009) 465. ..Category: Family Law, Women and Children | Date: 16 Mar, 2009 | Hits: 182
Aysha Begum Vs. State, 2009, 38 CLC (HCD)
....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. ......14 years of age. In his estimate the learned tribunal below failed to consider the same. He submits for allowing the appeal releasing the victim to the custody of her appellant mother. He has cited a decision in the case of Mostafa Kamal Vs. State, reported in 58 DLR 453 and has submitted that the m..Category: Women and Children | Date: 12 Mar, 2009 | Hits: 23
Mohammad Mosharraf Hossain Vs. Golam Mohamad and another, 2009, 38 CLC (AD)
....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. ......y began and prosecution witnesses are being examined, is not permissible. 4. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision and there is no illegality or infirmity in the above decision so as to call for any interfe..Category: Banking Law | Date: 26 Feb, 2009 | Hits: 150
Fahima Nasrin Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....the Judiciary. Let the lower Court records be transmitted at once along with a copy of this judgment. Sheikh Abdul Awal J. - I agree. This Case is also Reported in: 61 DLR (HCD) (2009) 232. ......guardian and is being detained without lawful authority, we have no hesitation to assume jurisdiction to adjudicate the legality or otherwise of the detention. In this regard we take support from the decision in case of State Vs. Deputy Commissioner, Satkhira and others reported in 45 DLR 643, where..Category: Women and Children | Date: 11 Feb, 2009 | Hits: 189
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. ......s well maintained and it cannot be said that the defaulters have lost their fundamental right as guaranteed by the Constitution. 14. Mr. M. Faruque in support of his submission has relied on the decisions reported in 2 BLC (AD) 87, 26 BLD (AD) 172, 59 DLR (AD) 26, 13 BLC 686, 17 BLD (AD) 3..Category: Corporate Law | Date: 9 Feb, 2009 | Hits: 5